HomeMy WebLinkAboutContract 44949 (3)•
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
THE FORT WORTH CONVENTION AND VISITORS BUREAU
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
in Fort Worth, Tarrant County, Texas effective on the 1st day of October, 2013, by and between the
CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas, acting by and
through its duly authorized Assistant City Manager, and the FORT WORTH CONVENTION AND
VISITORS BUREAU, a Texas non-profit corporation, acting by and through its duly authorized
President & C.E.O.
WITNESSETH:
WHEREAS, the Fort Worth City Council has determined that certain public facilities, including
the Will Rogers Memorial Center, the Cowtown Coliseum, the Fort Worth Convention Center, and other
City facilities that may hereafter be constructed, regularly attract t ourists and convention delegates to the
City by offering important benefits and amenities such as venues for display, entertainment, meeting, and
other public conveniences; and
WHEREAS, visitors, conventioneers, and tourists who visit the City and utilize its facilities
expend funds at local hotels, shops, and restaurants and provide substantial benefits to the City's tourism,
convention, and hotel industries as well as the overall economy; and
WHEREAS, advertising, promoting, and publicizing the City's facilities, historic areas, visual
and performing arts, and other attractions raises public awareness and brings additional visitors and
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revenues to the City; and
WHEREAS, Chapter 351 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, Chapter 351 of the Texas Tax Code prescribes how proceeds of such a tax may be
used to promote tourism and the convention and hotel industry, including advertising and conducting
solicitations and promotional programs to attract tourists and convention delegates or registrants to the
City and/or its vicinity; conducting activities to encourage touri sts and convention delegates to visit
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preserved historic sites located within the City; and encouraging, promoting, improving, and applying the
rri arts; and
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rri WHEREAS, the Texas Tax Code authorizes a municipality to contract with another entity to
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manage and supervise programs or activities funded with revenue from the hotel occupancy tax , subject to
certain conditions; and
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Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 1 of 50
WHEREAS, the City has engaged the Bureau to perform services related to the promotion of
tourism and the convention and hotel industries and to the administration of activities funded by hotel
occupancy tax revenue, with the most recent agreement being Fort Worth City Secretary Contract No.
36003, as amended ("CSC 36003"); and
WHEREAS, since 2009, the Bureau's duties have included management of the Fort Worth Herd,
a promotional asset established to conduct daily cattle drives to promote the City's western heritage and
to encourage tourists and convention delegates to frequent the City's historic Fort Worth Stockyards area;
and
WHEREAS, CSC 36003, as amended, expires on September 30th, 2013, and the parties now
desire to enter into a new Agreement that will be effective beginning on October 1, 2013 .
NOW THEREFORE, for and in consideration of the performance of the mutual covenants and
agreements herein contained, the parties hereto do hereby covenant and mutually agree as follows:
1.
PURPOSE
1.01 The purpose of this Agreement is to define the roles and responsibilities of the City and the
Bureau in the ongoing efforts to market and promote Fort Worth as a premier business and leisure
destination, so as to benefit Fort Worth's hospitality industry and the local economy.
2.
DEFINITIONS
2.01 The following words, terms and phrases, when used in this Agreement, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
(i) Bureau shall be defined as: the Fort Worth Convention and Visitor's Bureau and its
officers, directors representatives, agents, employees, and contractors (other than the City).
(ii) City shall be defined as• the City of Fort Worth, Texas and its officers, representatives,
agents, and employees.
(iii) City Council shall be defined as: the Fort Worth City Council.
(iv) City Public Facilities shall be defined as: facilities owned and operated by the City that
offer to the public facilities and amenities for the purpose of holding equestrian and livestock
events, conventions meetings, artistic performances, athletic events, or other similar functions.
The term includes the Will Rogers Memorial Center, the Cowtown Coliseum, the Fort Worth
Convention Center, and other City facilities that may hereafter be constructed or acquired.
(v) Director shall be defined as: the Director for the Public Events Department of the City of
Fort Worth, Texas or that person s authorized representative or designee.
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(vi) FWCC shall be defined as• the City -owned facility known as the Fort Worth Convention
Center located at 1201 Houston Street, Fort Worth, Texas 76102.
(vii) Fiscal Year shall be defined ass the twelve-month period beginning October 1 and ending
September 30, or such alternate twelve-month period as approved in writing by the City.
(viii) General Funding shall be defined as: the percentage of projected Tax Collections
allocated to the Bureau under Section 4.01(i) of this Agreement to carry out the Bureau's general
marketing and promotional obligations and duties set forth in this Agreement.
(ix) Herd or Fort Worth Herd shall be defined as: the program established by the City 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.
(x) Hotel Room -Nights) shall be defined as: a statistical unit of occupancy representing one
hotel or motel guest room in the City of Fort Worth occupied by one or more persons for one
night.
(xi) Marketing Plan shall be defined as: A plan developed and revised annually by the
Bureau for the marketing of the City of Fort Worth as a premier business and leisure destination
and shall include the overall strategic objectives of the Bureau ; direct measurable criteria by
which the performance of the Bureau may be evaluated, including, but not limited to, specific
performance criteria for market sectors identified by the Department ; and the strategies to be used
to accomplish the strategic objectives, criteria, and performance measures
(xii) Priority Status shall be defined as: The status assigned to a convention or meeting group,
by the Bureau, that indicates whether that convention or group has the first, second or third hold
to the meeting space at the Fort Worth Convention Center.
(xiii) Public Events Department or Department shall be defined as: The City of Fort Worth
Department that is responsible for overseeing the City Public Facilities .
(xiv) Special Public Facilities Fund (s) or ("SPFF(s)") shall be defined as: A fund administered
in accordance with the terms of this Agreement and available for the purpose of a promotional
program assisting in attracting, maintaining and retaining convention and equestrian -related
business at City Public Facilities.
(xv) Tax Collections shall be defined as: hotel occupancy tax revenue (i) that is received by
the City in accordance with City ordinances adopted pursuant to Chapter 351, Municipal Hotel
Occupancy Taxes, of the Texas Tax Code and (ii) that is not otherwise restricted or dedic ated to a
specific purpose by state law or by a local ordinance or agreement that currently exists or is later
adopted, enacted, or executed in accordance with state law. The term shall not include hotel
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 3 of 50
occupancy tax revenue or other revenue that is restricted or dedicated for a particular purpose
under state law or under a local ordinance or agreement adopted in accordance with state law,
including, but not limited to, hotel occupancy tax revenue dedicated to payments associated with
the expansion of an existing convention center facility under Section 351.1065 of the Texas Tax
Code, and revenue pledged or otherwise designated for the funding of a "qualified project' in
accordance with Senate Bill 748, 83rd Texas Legislature (to be codified as Section 351 .1015 of
the Texas Tax Code).
(xvi) WRMC shall be defined as: the City -owned facility known as the Will Rogers Memorial
Center located at 3401 W. Lancaster, Fort Worth, Texas 76107.
(xvii) Work shall be defined as: The duties and obligations contained in the Marketing Plan
that the Bureau is required to perform as consideration for the funding provided to the Bureau by
the City.
3.
TERM OF AGREEMENT
3.01. This Agreement shall be binding on the date of execution by the parties and effective beginning
on October 1, 2013, and shall remain in effect until September 30, 2018 ("Initial Term"), subject to early
termination as provided herein.
3.02. Following the Initial Term, the City and the Bureau, by written mutual consent, may elect to
extend this Agreement under the same terms and conditions for two (2) additional one-year periods (each
a `Renewal Term") Notification of intent to extend the Agreement shall be given in writing to the other
party at least sixty (60) days prior to the expiration of the then -current term.
3.03 The Initial Term and Renewal Terms may be generally referred to herein as the "Term."
4.
FUNDING
4.01. Funding for General Marketing and Promotional Obligations
(i) During the Term, in connection with the annual budget process, the City may allocate
forty-seven percent (47%) of projected Tax Collections for the upcoming Fiscal Year to the
Bureau to carry out its general marketing and promotional obligations and duties set forth in this
Agreement such amount to be known as "General Funding." Any work related to the SPFFs and
the Herd shall be considered to be specialized marketing and promotional obligations and shall be
subject to separate fundmg as detailed in Section 4.02.
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(ii) Subject to the terms of this Agreement, the City shall pay the General Funding to the
Bureau in twelve (12) equal monthly installments.
(iii) Following the end of each Fiscal Year, General Funding shall be subject to a "true up"
process in accordance with this paragraph. The City shall compare the actual Tax Collections for
the most recently ended Fiscal Year with the projected/budgeted amount for the period and
calculate any deviation between the two. The City shall notify the Bureau of such deviation on or
before the ninetieth (90th) day of the new Fiscal Year. Any deviation may be apportioned
between the parties on a 47%-to-53% Bureau -to -City ratio and shall, except as otherwise
provided below, be reconciled through up to six funding adjustments, as agreed to by the parties
at the time, beginning with the fourth monthly payment of the new Fiscal Year. In the event the
budgeted amount exceeds the actual collections by more than $2 00,000.00, the funding
adjustments may be extended beyond six months based on mutual agreement of the parties.
(iv) In the event this Agreement terminates or expires, reconciliation for the final Fiscal Year
(whether complete or incomplete) shall be limite d to reimbursement from the Bureau to the City
of any overpayment resulting from actual revenues bemg less than the projected/budgeted
amount. Such reimbursement shall take the form of one or more cash payments in accordance
with Section 14.
4.02 Funding for Specialized Marketing and Promotional Obligations In addition to the General
Funding, the City may, in connection with the annual budget process, allocate funds from projected Tax
Collections for the upcoming Fiscal Year to the Bureau to carr y out the following specialized marketing
and promotional obligations: (i) the Special Public Facilities Funds and (ii) the Fort Worth Herd
Operations as set forth below:
(i) Special Public Facilities Funds. Funding for the Fort Worth Convention Center Special
Public Facilities Fund (the ` FWCC SPFF ) and the Will Rogers Memorial Center Special Public
Facilities Fund (the "WRMC SPFF") shall be as outlined herein
(a) The City may allocate up to $480,000.00 per Fiscal Year for the FWCC SPFF.
(b) The City may allocate up to $210,000.00 per Fiscal Year for the WRMC SPFF.
(c) The Bureau shall maintain and account for each SPFF separately.
(d) Funds for the SPFFs shall be split into two equal semi-annual installments per
Fiscal Year.
(e) Any unused funds will carry over to the following Fiscal Year's use for the
SPFFs and shall supplement the total funding to be contributed by the City
during that Fiscal Year.
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(0 Use and expenditure of the SPFFs shall be subject to the terms and conditions of
this Agreement.
(ii) Fort Worth Herd Operations. Funding for the Fort Worth Herd shall be as outlined
herein
(a) For the first Fiscal Year of the Initial Term, funding for the Fort Worth Herd will
be $683,125.00, with the understanding that the Bureau may request additional amounts
based on demonstrated operational need and the availability of funds
(b) Funding for subsequent Fiscal Years shall be agreed upon annually based upon
the Bureau's budget submissions and available funds to support the Herd.
(c) The Bureau shall include the net anticipated costs associated with administration,
management, and ensuring continued operation of the Herd along with the Bureau's base
budget submitted to the City each year in accordance with the requirements of this
Agreement.
(d) Disbursements associated with the Herd shall be included with the monthly
payments of the Bureau's General Funding.
(e) Use of Herd operations funding shall be subject to the terms of this Agreement,
which shall include, but not be limited to, those set forth in the section designated "Fort
Worth Herd Operations."
4.03 Miscellaneous
(i)
In accordance with the Texas Tax Code, all hotel occupancy tax revenue received by the
City at a rate in excess of seven percent of the cost of a room is restricted, and no such revenue
shall be taken into account in calculating Tax Collections or determining allocations or
distributions to the Bureau.
(ii) As outlined in Senate Bill 748, 83rd Texas Legislature (to be codified as Section
351.1015 of the Tax Code) hotel occupancy tax revenue or other revenue pledged, dedicated, or
used, either now or in the future, for funding a "qualified project" is not otherwise available for
use by the City, and no such revenue shall be taken into account in calculating Tax Collections or
determining allocations or distributions to the Bureau.
(iii) In addition to any particular limitations and conditions that may be specifically stated
herein, all obhgations of the City hereunder are subject to (i) annual appropriation by the City
Council for purposes of funding this Agreement and (ii) the ability of the City to collect hotel
occupancy tax proceeds This Agreement imposes no obligation upon the City to levy and collect
such tax or to use all of the Tax Collections to fund the Work. The City does agree that, subject
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to adequate appropriations and collections, the City will utilize a portion of the Tax Collections to
fund the Bureau's services in accordance with the terms of this Agreement and the budget
approved by the City.
5.
MARKETING PLAN
5.01 In order to align the Marketing Plan with the City's fiscal year and with funding availability, the
Bureau shall generally be required to adopt the period of October through Septem ber as the Bureau's
fiscal year; provided, however, that the Bureau may submit to the City a written request to u se an
alternate twelve-month period as the Bureau's fiscal year, and the City shall have sole discretion in
approving or denying such request.
5.02 The Bureau shall prepare and submit its draft Fiscal Year 2014 Marketing Plan to the City within
thirty (30) days after execution of this Agreement. For the remaining Term, the Bureau shall prepare and
submit to the City its draft Marketing Plan on or before August 1 of each upcoming Fiscal Year. Upon
final review and approval by the City, the Marketing Plan shall serve as the basis for the Work to be
performed hereunder and shall include measureable performance criteria of the Bureau for the upcoming
Fiscal Year. The Marketing Plan is to be reviewed by the City Manager, or designated assistant city
manager, prior to submission to the City Council for its consideration. The City Council shall have the
right to approve annually the Marketing Plan. The Marketing Plan shall comply with the requirements of
this Section.
5.03 General Requirements.
(i) The Marketing Plan shall be consistent with the Bureau's mission to market and promote
Fort Worth as a premier business and leisure destination, so as to enrich Fort Worth's hospitality
industry and the community's economy In furtherance of that mission, the primary
responsibilities of the Bureau are to promote conventions, trade shows, me etings, and long-term
equestrian events at City Public Facilities with the intent to maximize facility revenues, hotel
occupancy tax sales tax, and use of City Public Facilities.
(ii) The Marketing Plan shall mclude, but not be limited to, a mission stat ement, a five-year
vision, an overall description of the Bureau, information on major Bureau initiatives and their
relationship to the strategic goals, a plan to develop and secure business for the hospitality
industry, a cost -benefit analysis of the Bureau's objectives, a detailed business plan on fulfilling
the Bureau's mission statement, and any information required under this Section.
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(iii) The Marketing Plan shall be consistent with all applicable Federal, State, and local laws,
including but not limited to, the City Charter and City Ordinances and shall identify those
scheduled activities, programs, or events that will directly enhance the FWCC and the WRMC
and promote the convention, equestrian, tourism, a nd hotel industry.
5.04 Budget. The Bureau has prepared and submitted its proposed written budget for Fiscal Year 2014
to the City. For the remaining Term, the Bureau shall submit to the City a proposed written budget for
the upcoming Fiscal Year on or before March 1 of each upcoming Fiscal Year for consideration and
approval. The budget shall (i) include proposed funding for the General Funding, the SPFFs, and Herd
operations; and (ii) indicate the projected available Tax Collections for the ensuing Fiscal Year and any
amounts available in the Bureau's reserve fund and available funding for the SPFFs. The budget must be
submitted to and approved by the Bureau's Executive Committee prior to submission to the City. In
accordance with Section 351.101(c) of the Texas Ta x Code, the City, in writing, shall approve in advance
the Bureau's annual budget.
5.05 Services, Activities, and Functions
(i) The Bureau shall actively market, solicit, and advertise for conventions, equestrian
events, trade shows, motor coach tours, tourism, and other gatherings to maximize use and
revenues of the FWCC, the WRMC commercial lodging facilities, and tourism facilities
consistent with the adopted Marketing Plan.
(a) Specifically, the Bureau shall solicit, in a systemat is manner, entities and
organizations that regularly hold conventions, equestrian events and meetings for the
accommodation of appropriate facilities located in the City If solicitation of an event or
organization requires the submission of a bid propos al by the City (alone or in
conjunction with other entities), the bid shall be prepared in accordance with the
provisions of this Section
(1) The Bureau will identify and recommend that the City pursue convention
business that has a positive economic value to the community, taking into
account total projected economic impact, revenue opportunities to public
facilities and other relevant factors.
(2) The Bureau shall develop and submit bid proposals that promote the use
of City Public Facilities and other public accommodations in the City . These bid
proposals will include information on available space at City Public Facilities
and its cost as determined by the Department, and the proposals will also include
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information on available hotel space and h otel rates as provided by the individual
hotels.
(3)
The Bureau will provide the Director and hotels with as much
background information as is available concerning potential group business and
competing cities with the desire to make the City's bids as successful as possible.
However, determinations regarding the availability of meeting and hotel space
and its cost will be made by the entity that owns or controls the space in question .
(4) The Director will determine the availability an d cost of City Public
Facilities space.
(5) Upon request, the Bureau will provide to the Director all copies of
proposals that have been submitted on behalf of City Public Facilities.
(6) The Bureau will keep the City and participating hotels apprised of
updates in each bid process and will notify the hotels and the Department as soon
as possible about the final outcome of each bid and offer feedback and insight
regarding the perceived reasons why each bid is ultimately successful or
unsuccessful so that the participating entities can learn from the process and
improve future proposals.
(b) The Bureau shall maintain exhibit materials and displays for the purpose of
attracting visitors and convention attend ees; the materials and displays shall be deployed
at conventions meetings, exhibits selected trade shows, sports and consumer shows, and
other events where the Bureau determines, in good faith and in exercise of its reasonable
discretion that a Fort Worth presence would benefit the City and its marketing efforts.
(c) The Bureau shall coordinate with the appropriate City departments, local hotels,
restaurants, retail centers, and entertainment facilities to provide an environment in which
a visiting group or organization enjoys a coordinated and productive visit to the City of
Fort Worth.
(d) The Bureau shall develop public awareness among City businesses and the
general public of the desirability, benefits, and importance of the convention, equestria n,
and tourism industries to the Fort Worth economy. In performing such services, the
Bureau shall act as a liaison for the City in its relationships with the tourism industry and
participate in appropriate tourism agencies and convention associations, wh ich shall
include, without limitation, the appropriate state agency for economic development and
tourism, the American and Texas Societies of Association Executives, and the
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Destination Marketing Association International , as well as other relevant agencie s, to
ensure that favorable publicity about the City may be continued and expanded.
(e) The Bureau shall market and distribute materials promoting Fort Worth as a
preferred destination city consistent with the Marketing Plan.
(f) The Bureau shall demonstrate the advantages that Fort Worth has to offer
visitors.
(g) The Bureau shall market and promote tourism and conventions among minority
and multicultural markets in accordance with performance criteria set forth in each year's
Marketing Plan.
(h) The Bureau shall ensure the development, production, publication and
distribution of the items set forth below in Section 5.05(i)(h)(1)-(4) in sufficient
quantities and in similar quality to the Bureau's materials. Where possible, this content
may be incorporated into existing Bureau materials to avoid duplication of efforts and
waste of resources. When appropriate, information will be posted online rather than in
printed form. In all cases, the City shall provide technical drawings and representations
of spaces for reproduction by the Bureau.
(1) A brochure and/or bid book that includes a set of current and accurate
floor plans for City Public Facilities.
(2) Visitor literature and printed materials provided through
www.FortWorth.com and in hard copy form to the Texas Department of
Transportation Information Centers, and other appropriate tourism entities.
(3) All materials used in bid proposals that provide specific information on
City hotels and meeting spaces in the City, including, but not limited to, the floor
plans and amenities of spaces actively bidding for a meeting or conventions.
(4) An integrated website — www.MeetlnFortWorth com — that houses
websites for the City Public Facilities plus prominent hotels and meeting spaces
with the goal of marketing directly to me eting professionals and soliciting
Requests for Proposals. To support this effort, the City shall provide accurate and
up-to-date information and materials (floor plans, dimensions, maps, 3D tours,
etc.) for all City Public Facilities that warrant promotion.
(i) The City reserves the right to develop, produce, publish, and distribute its own
marketing materials, at its own expense.
(1) The Bureau shall abide by all requirements set forth in this Agreement regarding
maintenance and use of the Special Public Facilities Fund.
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(k) The Bureau shall manage, administer, and operate the Herd in accordance with
all applicable provisions of this Agreement.
(1) The Bureau may, but is not required to, use a portion of its General Funding to
promote tourism and the convention and hotel industry through the encouragement,
promotion, improvement, and application of the arts . In addition to making direct
promotion of the arts on its own behalf, the Bureau may make subgrants to nonprofit
entities or organizations for art -related expenditures If the Bureau elects to use General
Funding for subgrants for the arts, it must comply with all conditions of this
subparagraph.
(1) The Bureau shall include proposed subgrants as part of its budget and
Marketing Plan for the year; the amount of such subgrants shall be subject to and
must comply with the limitations found in Section 351.103(c) of the Texas Tax
Code.
(2) Subgrants may only be given to nonprofit entities or organizations that
demonstrate how a proposed grant project promotes tourism and the convention
and hotel industry.
(3) The Bureau shall develop a written application to be used in connection
with the awarding of subgrants and shall develop criteria for objectively gra ding
all applicants and making awards .
(4) The Bureau shall employ a multitude of online, print, and interpersonal
sources to create awareness of the subgrant program among likely pools of
applicants. At a minimum, the Bureau shall advertise the subgrant program using
print and electronic resources of public and private sector groups that cater to
visual and performing artists .
(m)
(5)
A written contract must be executed by the Bureau and the grant
recipient, with a copy to be provided to the City on request.
The Bureau shall perform any additional duties as agreed upon in writing by the
City and the Bureau.
6.
SPECIAL PUBLIC FACILITIES FUNDS
6.01 Generally. The City and the Bureau recognize the need to maintain a fund to assist in attracting,
maintaining, and retaining tourism and convention business in Fort Worth In order to book events that
bring strong economic value and an excellent quality of life to the community the City, in cooperation
with the Bureau, must from time -to-time provide incentives in the form of adjusted facility rents and other
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promotional program benefits to attract and retain priority groups. The SPFFs serve such a purpose and
shall be administered in accordance with this Section .
6.02 Accounting
(i) Each SPFF will be maintained in one or more separate Bureau accounts and will not be
commingled with any of the Bureau's operating or personal accounts.
(ii) The Bureau will have the sole responsibility to keep and maintain an accurate accounting
of all funds that are in the SPFFs and all outstanding and upcoming commitments from the funds
and shall provide the City with access to such accounting on request .
6.03 Miscellaneous
(i) Fort Worth Convention Center SPFF
(a) The Bureau will have sole authority over all expenditures from the FWCC SPFF
made in compliance with the limitations prescribed by this Agreement .
(b) The Bureau may request pricing for convention groups and, from time -to -time,
may ask the City to substantially discount rent to convention groups.
(c) The Bureau shall reimburse the City for all such rental discounts offered to
attract a convention to the City for which the City requests reimbursement, unless
otherwise agreed to by the parties in writing.
(d) The Bureau agrees to honor all pre-existing discounts that have been established
for convention rental and services.
(e) It is the responsibility of the Bureau to keep accurate records of commitments
and encumbrances made to organizations booked into the FWCC for future years and to
ensure that the FWCC SPFF's financial capacity is not over committed In the event that
financial commitments have been made to support the activities of organizations and
funds in the FWCC SPFF are not sufficient to make the financial payments, the Bureau
agrees to make the City whole for such commitments.
(ii) Will Rogers Memorial Center SPFF
(a) The City and Bureau understand that there are some historical uses of the
WRMC SPFF to support events held at the WRMC, some by contract and some by
tradition. This specifically includes uses by the National Cutting Horse Association,
Stock Show Equestrian marketing services, Stock Show Rodeo tickets , and other
important events and client entertainment as approved by the Director. These
organizations and others have received cash support, event support, and entertainment
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support, among other types of support, funded through the WRMC SPFF. This
Agreement shall allow for such types of support and others as deemed necessary by the
Director to continue as part of the WRMC SPFF activities.
(b) The Bureau and the Director will concur on the expenditures made from the
WRMC SPFF fund. In the unlikely situation where the Bureau and the Department do
not agree on expenditures, the City Manager's office will make the final determination.
7.
FORT WORTH HERD OPERATIONS
7.01 Generally. The Fort Worth Herd ("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. Since 2009, the
Bureau has provided management, administration, and the ensured operation of the Herd program, which
aligns with the overall mission, goals , and activities of the Bureau.
7.02 Bureau Commitments to the Herd
(i) 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
program and brand and that provides audiences with an experience that is as close to histori cally
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.
(ii) 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.
(iii) The Bureau commits to ensuring that operation of the Herd program complies with the
operational policies that are attached hereto as Exhibit "A," 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. Operational policies that were established by Mayor and
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Council Communication of the City Council may not be changed unless such change is approved
by the City Council as well as the Director.
(iv) The Bureau shall continue providing professional managem ent and administrative
services associated with operation of the 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 11:30 a.m. and 4:00 p.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 Chisholm 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 ap pearances and performances
do not place an undue burden on, or endanger the health or well -being, of the animals, drovers, or
other Herd staff.
(v) In connection with ensuring successful operation of the Herd, the Bureau has been and
will continue to 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 paym ents 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.
(vi) The Bureau has been and will continue to 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 "B," which is attached hereto and incorporated herein for all purposes as though it
were set forth at 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 "B" requires replacement
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 14 of 50
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 th e City's assistance in procuring replacement items
in accordance with the terms of this Agreement.
(vii) 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 requiring
the non-profit(s) to turn over to the Bureau or to the City all funds, property, a nd 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
(viii) To the extent the Bureau receives anything of value as a result of its administr ation,
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.
(ix) 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
Agieement; (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 organizatio n
7.03 Citv's Commitments to the Herd
(i) 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.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 15 of 50
(ii) In addition to appropriating hotel occupancy tax revenues pu rsuant to Section 4, the City
shall, at no cost to the Bureau, provide nonmonetary and indirect support for the Herd in
accordance with this Section.
(iii) The City, through the Trades Infrastructure group of the Parks and Community Services
Department or its successor, shall 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.
(iv) 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 ). The Bureau shall be a named
insured or an additional insured in any and all such insurance policies.
8.
IMPLEMENTATION OF THE MARKETING PLAN
8.01 Generally. Bureau shall take all reasonably necessary steps to ensure successful implemen tation
of the Marketing Plan in accordance with the specific obligations outlined in this Agreement during the
Fiscal Year then in effect.
8.02 Booking Window.
(i) The Bureau shall primarily focus on promoting conventions, trade shows, meetings, and
equestrian events in the City Public Facilities where the proposed date for the first use of an event
is scheduled to occur 18 months or more in the future, with the intent to have a maximum impact
on hotel occupancy tax revenues, sales tax revenues, facility revenues, and occupancy and use of
City Public Facilities. However, when opportunities arise and when space is available, the
Bureau may assist the City to facilitate the same within the 18 -month booking window.
8.03 Booking Priorities.
(i) The Public Events Department has sole responsibility and authority for booking,
scheduling, and contracting all events at the City Public Facilities.
(ii) Fort Worth Convention Center.
(a) The Bureau's authorized representatives shall have the ability to electronically
view the calendar of events for the FWCC to ascertain and ident ify any tentative open
dates for future business.
(b) If the Bureau desires to reserve available space at the FWCC, then the Bureau
shall provide a written request to the City stating the basis for such a request along with
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 16 of 50
the requested dates. The Director shall provide a written response to the Bureau's
request.
(c) Should the Bureau's requested dates conflict with existing tentative or definite
convention hold on space for the period beyond 18 months from the date of th e first use,
the Bureau shall communicate in writing to the Director and indicate which convention
group is to be given first, second, or third Priority Status for those dates in case of
cancellation of the tentative convention hold . It will be the Bureau's responsibility to
communicate with the client or prospective client the Priority Status that has been
assigned to that particular group's requested dates at the FWCC for convention space and
any changes to an existing convention group's status.
(d) The Bureau will continue to pay the costs of any additional software licenses,
maintenance costs, and other expenses related to allowing the Bureau to have the rights to
electronically view dates at the FWCC.
(iii) Will Rogers Memorial Center. The status of event dates at the WRMC shall be the sole
responsibility of the Public Events Department.
8.04 Registration. During events, the Bureau shall provide staffing and facilities for registration
assistance and services, publicity materials, attendance , and facility information to associations,
organizations, or groups convening or holding meetings in the City pursuant to the standard operating
procedures of the Bureau. The Bureau follows specified guidelines in providing assistance to groups,
mostly based on the number of rooms booked.
8.05 Performance Measurements. The following criteria shall be used for measurement purposes in
order to determine the success of the adopted Marketing Plan:
(i)
Convention /Meeting Sales:
(a) Leads
(1) Total number of Lead bookings
(2) Total Lead Room Nights
(b) New and Repeat definite bookings ("Repeat" shall be defined as those that book
annually.)
(c) Definites
(1) Total number of definite bookings
(2) Total definite Hotel Room -Nights
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 17 of 50
(3) Total definite Hotel Room -Nights for conventions, meetings, and similar
events that utilize the FWCC and/or the WRMC and multiple Fort Worth hotels .
(d) Estimated Economic Impact ((using the Destination Marketing Association
International (DMAI) Event Impact Calculator))
(ii) Tourism Sales (Travel Industry Group Sales)
(a) Group Tour Definite Room Nights
(b) FIT (Foreign Independent Traveler) Individual Consumed Room Nights
(c) Tours Booked
(d) Inquiries Fulfilled
(iii) Digital & Social (Website — Uniques)
(a) Website Uniques
(b) Total Visits
(c) Social Media Engagement, including, but not limited to, Facebook and Twitter
(d) Bureau Consumer Database Additions
(iv) Media Activity (Hosting: Travel Journalists)
(a) Hosted Journalists
(b) Pitched Stories
(v) Media Value (Ad Value — Non -Paid)
(a) Ad Equivalency
(b) Impressions
(vi) Meeting Services
(a) Percent Average Evaluation Rating
(b) Meeting Serviced
(v) Services Leads
(d) Site Inspections
(vii) Visitor Center/Services
(a) Visitor Count (Total number of people that receive information from the visitor
information center)
(viii) The following criteria shall be used for reporting purposes based only on data obtained
from City Public Facilities:
(a) Rental Revenue
(b) Food and Beverage Revenue
(c) Exhibit Hall occupancy
(d) Arena occupancy
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 18 of 50
(ix) All criteria listed in Subsection 8.05(i)-(viii) above shall be tracked and reported on a
yearly basis to the City in written form by the Bureau on or before October 31 of each year as part
of the Bureau's Annual Report as described herein. Throughout the life of this Agreement, the
Bureau and the City agree to review all of the reporting criteria contained in Subsection 8.05 at
least annually to ensure that the reported data continues to meet the parties' evolving needs The
review will examine on -going suitability and efficacy of the criteria, reporting relationships
decision points as well as control and accountability factors to determine the applicability and
appropriateness of each of the criteria If the parties determine changes to the criteria are
necessary, they shall undertake an amendment to this Agreement to memorialize any such
changes.
8.06 Whenever feasible, the Bureau and the City will hold regular weekly sales meetings involving the
sales teams of the Bureau and the City to discuss business opportunities involving the City Public
Facilities.
9.
POST -IMPLEMENTATION OF MARKETING PLAN
Records, Accounting, Reports, and Other Requests
9.01. To the extent the Bureau receives funds from the City's hotel occupancy tax, such funds shall be
kept in one or more separate accounts established for purposes of maintaining hotel occupancy tax
revenue. Funds derived from the hotel occupancy tax may not be commingled with any funds that the
Bureau holds or receives from any other source . The Bureau must maintain complete and accurate
financial records of each expenditure of the hotel occupancy tax and on request, of the City or any other
person, shall make the records availab le for inspection and review to the City or other persons.
9.02 In order for the City to monitor the Work and services provided for herein and any criteria now or
later mutually developed, the Bureau shall, on or before October 31 of each year, submit an annual report
of activities and results of the overall Marketing Plan for the preceding Fiscal Year ("Annual Report").
This Annual Report shall include, but not be limited to, the following* a detailed breakdown of activities
undertaken and a summary of benefits obtained by the programs, a detailed breakdown of activities
related to marketing activities of the City to multi -cultural markets financial reports pertinent to the scope
of the Work as required by the City in this Agreement, and any additional re ports and analysis required by
this Agreement.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 19 of 50
9.03 The Bureau shall provide the City Manager's Office and the Director with quarterly reports
containing detailed information on performance of the Work, including, but not limited to, the same
information required for the Annual Report, performance reports listing all groups and/or events added to
City Public Facilities schedules in that quarter, the information required in Section 8.05, and a list of
expenditures made by the Bureau. The reports shall include year-to-date comparisons, including definite
future room nights booked and projected future revenues for City Public Facilities relative to the same
time period in previous years (but at least to include the previous year). Quarterly reports shall be
submitted on or before January 31, April 30, and July 31 for the preceding quarter.
9.04 All reports will be published and distributed at all Bureau Board Meetings. The Bureau shall also
provide the City with any reports or documentation required by the City as part of this Agreement or that
may be required pursuant to federal or state law as such laws may be amended from time -to-time during
the term of this Agreement.
9.05 All requests by the Bureau to the City for funds, services, or other items of value shall be directed
in writing for approval to the City Manager or a designated assistant city manager prior to submission to
the City Council.
9.06. If the Bureau enters into a written contract with a subgrantee pursuant to Section 5.05 (i)(1) of this
Agreement, the Bureau must require the subgrantee to do the following:
(i)
at least annually make periodic reports to the City of all of its expenditures from the hotel
occupancy tax; and
(ii) make records of its expenditures available for review to the City or any other person.
10.
BOARD OF DIRECTORS
10.01. Two City Council members or appointees shall serve as voting members of the Bureau's Board of
Directors with at least one of these individuals also serving on the Bureau's Executive Committee. The
City Manager shall serve as an Ex-Officio non -voting member of the Executive Committee.
Additionally, the City Manager, designated assistant city manager, and the Director shall serve as Ex -
Officio, non -voting members of the Bureau's Board of Directors. The remaining members of the
Bureau's Board shall be appointed as specified in the Articles of Incorporation and the Bylaws of the
Bureau.
11.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 20 of 50
CITY LOGO, TRADE AND SERVICE MARKS
11.01 The Bureau acknowledges that the City Council has adopted and copyrighted as its logo "Molly"
the longhorn steer, which may be used on the Bureau's stationery, bulletins, displays, posters, and media
and press releases, provided that all such use must comply with all City policies regarding authorized uses
and approved colors and graphics as those policies exist now or may exist in the future. The City shall
provide the Bureau with a copy of the Molly Logo Use Policy upon request.
11.02 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 "C," 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 a uthorized 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 registratio n
document as shown in Exhibit ` C." Any such use of the Herd Logo must be approved in writing by the
Director prior to production of any merchandise.
11.03 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.ora, 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 any issues if these addresses direct individuals to a City
webpage instead of an appropriate Herd -specific page maintained by or on behalf of the Bureau.
11.04 The Bureau may use any other trade or service marks of the City in connection with its
performance of the Work, provided that the City has authorized such use.
12.
AUDIT
12.01. The Bureau shall maintain complete and accurate books and records of its activities and finances,
which the City may audit at any time upon five business days' advance notice. The Bureau agrees that
the City will have the right to audit the financial and business records of the Bureau that relate to the
Work and services to be and performed under this Agreement (collectively "Records") at any time during
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 21 of 50
the Term of this Agreement and for three (3) years thereafter in order to determine compliance with thi s
Agreement. Throughout the Term of this Agreement, and for three (3) years thereafter, the Bureau shall
make all Records available to the City at the office of the City Manager or at another location in the City
acceptable to both parties following reaso nable advance notice by the City and shall otherwise cooperate
fully with the City during any audit. Notwithstanding anything to the contrary herein, this Section shall
survive expiration or earlier termination of this Agreement. All expenditures from funds provided to the
Bureau hereunder shall be made in accordance with the annual Marketing Plan and budget submitted each
year pursuant to this Agreement. It is understood and agreed that, upon the acceptance of funds
hereunder, a fiduciary duty is created in the Bureau with respect to the expenditure of such funds.
12.02 The Bureau shall engage an independent firm of certified public accountants to audit its annual
financial statements and shall deliver to the City Manager's Office a copy of its audi ted annual financial
statements consisting of a balance sheet, an income statement, a statement of cash flows, and no tes to the
financial statements no later than 120 days after the end of each Fiscal Year. The Engagement Letter
from the independent firm of c ertified public accountants shall contain a statement that the Bureau shall
receive a copy of all audit work papers produced either by the client or the firm during the annual audit of
the financial statements. The notes to the audited annual financial sta tements shall contain a detailed
breakdown of revenues by source and expenditures by category. In addition to the audited annual
financial statements, the Bureau shall at the same time deliver a copy of all audit work papers that
underlie the audited annual financial statements. Within 30 days after the end of each quarter in the
Fiscal Year, the Bureau shall deliver to the City Manager's Office the following information regarding the
quarter that has just ended: (i) written report of the Bureau's expenditures relating to the Work; and (ii)
un-audited financial statements including, at a minimum, a balance sheet and an income statement.
13.
INSURANCE
13.01. The Bureau shall carry insurance in types and amounts set forth in Exhibit "D," which is attached
hereto and incorporated herein for all purposes, for the duration of this Agreement.
14.
TERMINATION
14.01. Either party may terminate this Agreement without cause upon ninety (90) days written notice to
the other party.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 22 of 50
14.02. In the event of termination or expiration of this Agreement, the City and the Bureau shall
reconcile any remaining payments to be made under this Agreement within ninety (90) days after the
effective date of termination or expiration.
14.03. In the event of termination or expiration of this Agreement, t he City shall honor written
commitments to provide convention support services made by the Bureau to convention and meeting
planners, which commitments were made pursuant to the terms of this Agreement prior to its termination.
Such agreements to be honored by the City will include contracts entered into in the normal course of
operation and will also include office equipment, automobile leases, office space leases and other
administrative requirements. Ho wever, the Bureau may not, without the prior written consent of the City
(which shall not be unreasonably withheld), enter into a real estate lease, employment contract, or
contract for an amount in excess of Ten Thousand Dollars ($10,000.00) with a term that exceeds the
remainder of the renewal term of this Agreement. Payments made pursuant to the terms of this paragraph
shall be made from, and shall not exceed, the total of funds appropriated for payments under this
Agreement.
14.04. Upon expiration or termination hereof for any reason, the Bureau shall cooperate with the City to
ensure a smooth transition and completion of the Work. Without limiting the generality of the foregoing,
the Bureau shall promptly, but not more than sixty (6 0) days following termination, turn over to the City
without charge all uncommitted Hotel Occupancy Tax Revenue as well as all other City contributed
revenues funds (including the balance of reserve fund) and all property purchased with Hotel Occupancy
Tax Revenue or the City provided funds and, upon request, shall assign to the City all contracts rights ,
and claims relating to the Work. Termination of this Agreement shall not impair the rights of the City
under state law, the Articles of Incorporation or Bylaws of the Bureau or under any other contract
between the City and the Bureau.
14.05. 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 the Section pertaining to the Herd in the
manner prescribed by subsection 14.04 for property and monies associated with hotel occupancy tax
revenues.
15.
INDEPENDENT CONTRACTOR
15.01. It is expressly understood and agreed that the Bureau shall operate as an independent contractor
in each and every respect hereunder and not as an agent, representative , or employee of the City. The
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 23 of 50
Bureau shall have the exclusive right to control all details and day -to-day operations relative to this
Agreement and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees. The Bureau acknowledges that the
doctrine of respondeat superior will not apply as between the City and the Bureau, its officers, agents
servants, employees, contractors, subcontractors, licensees , and invitees. The Bureau further agrees that
nothing in this Agreement will be construed as the creation of a partnershi p or joint enterprise between
the City and the Bureau.
15.02. The City is not and shall not be liable for any of the Bureau's debts or obligations, including any
operating deficit that may arise. The Bureau shall not hold itself out as an agent of the Cit y nor in any way
purport to bind the City with respect to any contract or other obligation.
16.
INDEMNITY
16.01 THE BUREAU AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, AND HOLD
THE CITY, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, AND EMPLOYEES,
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS,
AND EXPENSES OF ANY KIND OR CHARACTER, INCLUDING, BUT NOT LIMITED TO,
THOSE FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, BUT
NOT LIMITED TO, DEATH, THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED
BY: (i) THE BUREAU'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT; OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF THE BUREAU, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS, RELATED TO THIS
AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, AND IN THE EVENT OF
JOINT AND CONCURRENT NEGLIGENCE OF BOTH THE B UREA U AND THE CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS.
17.
REVIEW OF COUNSEL
17.01 The parties acknowledge that each party and its counsel have had the opportunity to review and
revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the draftmg party shall not be employed in the interpretation of this Agreement or
exhibits hereto.
18.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 24 of 50
VENUE AND JURISDICTION
18.01. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of
this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement
shall be construed in accordance with the laws of the State of Texas.
19.
BUREAU ARTICLES OF INCORPORATION AND BYLAWS
19.01. The City shall have the right to approve any proposed changes to the Bureau's Articles of
Incorporation or Bylaws.
20
NOTICES
20.01. All notices required or permitted under this Agreement may be given to a party personally, by
facsimile, or by mail, addressed to such party at the address stated below or to such other address as one
party may from time to time notify the other in wr iting If more than one entity is named in this contract,
service of any notice on any one of the entities shall be deemed service on all entities. Any notice so
given shall be deemed to have been received when deposited in the United States mail so addre ssed with
postage prepaid:
CITY: FORT WORTH CONVENTION AND
VISITORS BUREAU:
Susan Alanis, Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
With copy to:
City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-871-8359
Robert Jameson
111 W. 4th Street, #200
Fort Worth, Texas 76102
Facsimile Number: 817-336-3282
21.
CONTRACT ADMINISTRATION
21.01. This Agreement shall be administered by the City through its City Manager's Office, and all
communications from the Bureau to the City concerning this Agreement and the Work shall be directed to
the City Manager and/or his or her designated assistant city manag er, unless otherwise specified herein
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 25 of 50
The Bureau shall deliver to such City Manager or designated assistant city manager simultaneously a
copy of any notice required by this Agreement or such bylaws to be delivered to another City official.
22.
SUCCESSORS AND ASSIGNS
22.01. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs executors, administrators, legal representatives, successors , and assigns, except as
otherwise provided in this contract, their assigns.
23.
SEVERABILITY
23.01. In case any one or more of the provisions contained in this Agreement are held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any
other provision hereof and this contract shall be considered as if such invalid, illegal , or unenforceable
provisions were never contained herein.
24.
COMPLIANCE WITH LAWS, ORDINANCES, RULES, AND REGULATIONS
24.01. This Agreement will be subject to all applicable federal, state, and local laws, ordinances, rules,
and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as
amended.
25.
GOVERNMENTAL POWERS
25.01. It is understood that by execution of this Agreement, the City does not waive or surrender any of
its governmental powers.
26.
CAPTIONS.
26.01. Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
27.
AMENDMENT
27.01. This Agreement cannot be modified or amended without the written consent of all the parties
hereto and attached and made a part of this Agreement.
28.
FISCAL FUNDING OUT
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 26 of 50
28.01. If, for any reason, at any time during any term of this Agreement, the City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may
terminate this Agreement pursuant to Section 14 of this Agreement following: (i) delivery by the City to the
Bureau of written notice of the City's intention to terminate; or (ii) the last date for which funding has been
appropriated by the City Council for the purposes set forth in this Agreement.
29.
EXECUTION
29.01. This Contract may be executed in multiple counterparts, each of which will b e deemed an
original, but which together will constitute one instrument.
30.
SIGNATURE AUTHORITY
30.01 The person signing this Agreement hereby warrants that he or she has the legal authority to
execute this Agreement on behalf of his or her respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully
entitled to rely on this warranty and representation in entering into this Agreement.
31.
ENTIRE AGREEMENT
31.01 This Agreement, including its exhibits, attachments and applicable City -approved Marketing Plan
and budgets, represents the entire agreement between the parties regarding the subject matter hereof, and
there are not other representations, understandings, o r agreements between the parties relative to such
subject matter.
IN WITNESS WHEREOF, the City of Fort Worth and the Fort Worth Convention and Visitors
Bureau have caused this Agreement to be executed and delivered by their duly authorized representatives
in Fort Worth, Tarrant County, Texas on,��-day of �-- , 2013.
CITY OF FORT WORTH, TEXAS
By:
usan Alanis
--Assistant City Manager
APPROVAL RECOMMENDED:
FORT WORTH CONVENTION AND
VISITO S BUREAU
By:
Robert:�mes
Presidth t and • 0
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 27 of 50
i
Kirk Slaughter
Director of Public Events
ATTEST:
By:
Mary K. �e��
City Secretary
APPROVED AS TO FORM AND LEGALITY:
By:
M&C:
TyletlC Wallach
Assistant City Attorney
z(otti3
L
Date: 'j t' c ear
? Li
1
Cetotee
to
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 28 of 50
Exhibit A
Operational Policies of the Herd
A.1. Department Policy: Humane Treatment of Livestock Used in the Fort Worth Herd Program
(February 1 1999)
A.2 Department Policy: Horse Management and Use Policy (February 1, 1999; Revised February 2,
2000)
A.3 Department Policy: Special Appearance Fees for the Fort Worth Herd (May 10, 2000)
A.4 Department Policy: Photography Sessions for the Fort Worth Herd (May 10, 2000)
A.5 Department Policy: Management and Utilization of Period Clothing and Accessories for Use in the
Fort Worth Herd Program (February 2 2000)
A.6 Department Policy: Daily Drive Delays and Cancellations (January 1, 2001)
A.7 Department Policy: Management of Accompanying Riders with Cattle Drives (February 1, 1999)
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 29 of 50
A.1
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 30 of 50
DEPARTMENT POLICY
1 Inllllihlll
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: HUMANE TREATMENT OF
LIVESTOCK USED IN THE FORT
WORTH HERD PROGRAM
EFFECTIVE DATE: February 1. 1999 Appt oved by Director
Purpose
page 1 of 1
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 Pbiectives
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.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 31 of 50
Approved by the Parks and Connnunity ServicesAdrisory Board on April 18, 2000
Approved by City Council AMC (3-12910, on Alav 9, 2000
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 32 of 50
A.2
DEPARTMENT POLICY HORSE MANAGEMENT AND USE
POLICY
PARKS AND COMMUNITY SERVICES
EFFECTIVE DATE: February 1. 1999 page 1 of 2
Revised February 2, 2000
Approved by Director
1111111 li i 11 li lid I 11111111111 IIIJI m�eu II lul ull 1 d h lu I Ild iillill it
Purpose:
To establish a policy to govern the management and utilization of horses acquired for use in the Fort
Worth Herd Program (the Program).
lI. Obiectives:
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.
13. 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
v<ithout the expressed written authorization of the Parks and Commtunty 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
Iiable 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, m 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 liability to the City of
Fort Worth and the Program shall be required at least three days prior to the event.
E) In no event shall riding or training occur on an ongoing basis for anyone not directly employed
as part of the Program.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 33 of 50
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: HORSE MANAGEMENT AND USE
POLICY
ETI+ECTIVE DATE: Approved by Director
Viluol 111111 ill III 11111111111 V lull I II Wi dill Iili IIi I I Ili111111J6 1III 111111111111 I II Jitl 1 HI 111IIIV uu
page 2 of 2
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 anytime. Those wishing
to ride a horse must do so in accordance with Section III. C.
(1) The Program stab 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.
Revised November 29, 1999
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 34 of 50
DEPARTMENT POLICY
A.3
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: SPECIAL APPEARANCE FEES FOR
THE FORT WORTH HERD
EFFECTT\'EDAT'E' May 10, 2000
Approved by Director
page 1 of 3
iI I I I 1111 Illlllu II 11111111111111111111111111111 I uliu1 uu III I 11111 111111111 I 1 III IIIIIIIIIIII IIailllllll
Purpose
To establish a policy and fees for special appearances by employees and livestock associated with the Fort Worth
Herd Program.
Objectives
The Fort WorthHerd 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.
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
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
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.
The Fort Worth Herd office must receive the insurance certificate at least three (3) business days prior to
the event.
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
Fees are non-negotiable and due thirty (30) days prior to the event. Failure to receive fees by the deadline
will result in cancellation of the event or appearance.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 35 of 50
DEPARTMENT POLICY
II II II 1J Will II I
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: SPECIAL APPEARANCE FEES FOR
FORT WORTH HERD
EFFECTIVE DATE• May 10, 2000 Approved by Director
I I I 11111111
0111
page 2 of 3
wd��I 'Hi
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) $201porsonjhour
Staff (after hours) $30lpersonhour
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.
Non-profit rates apply to those organizations registered with the Internal Revenue Service as a 501-C3.
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 Refired 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
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 36 of 50
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: SPECIAL APPEARANCE FEES FOR
FORT WORTH HERD
EFFECTIVE DATE' May 10, 2000 Approved by Director
IIII lulls h Illoi Illil iiI� II li um In tlllll ii II I i IIiY idIIJ Illtlll I, Bill lu6l lluil
page 3 of 3
(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 Ad viso;y Board on April 18, 2000
Approved by City Council AMC G-12910, on May 9, 2000
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 37 of 50
DEPARTMENT POLICY
A.4
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: PHOTOGRAPHY SESSIONS FOR
THE FORT WORTH HERD
EFFECTIVE DA'1 E: May 10, 2000 Approved by Director
116u mI„ill II ',hi i Id ul16 lil I„IIILI I ill I IIIIIIII li l II
Purpose
page 1 of 1
To establish a policy and fees for photography sessions by employees and livestock associated with the Fort Worth
Herd Program.
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.
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 prn 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 hisilrer 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 Advison, Board on April 18, 2000
Approved by City Council AMC G-12910, on Afav 9, 2000
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 38 of 50
A.5
DEPARTMENT POLICY HORSE MANAGEMENT AND USE
POLICY
PARKS AND COMMUNITY SERVICES
EFFECTI4 E DATE: February 1. 1999 page 1 of 2
Revised February 2, 2000
Approved by Director
I11 1i1 111111 11111I 11 11 11 111 dull IIII11 w I 1111hI1111 II 1 iii i11I 1111111 ii inn 1111II11111111111 Illlllu !ilia 111 II llli 11 11Jll1111111I
Purpose:
To establish a policy to govern the management and utilization of horses acquired for use in the Fort
Worth Herd Pt ogram (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 anytime
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 nde or sit
on a Program horse, Prograrn 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 liability to the City of
Fort Worth and the Program shall be required at least three days prior to the event.
E) In no event shall riding or training occur on an ongoing basis for anyone not directly employed
as part of the Program.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 39 of 50
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: HORSE MANAGEMENT AND USE
POLICY
Ell FECTI% E DATE: Approved by Director
page 2 of 2
F) As part of Section IIIB. no elected officials. family members, business associates, friends or
acqutintances shall be allowed to ride or sit on any Program horse at anytime. Those wishing
to ride a horse must do so m accordance with Section III. C.
G) Ite 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
rind procedures governing city -owned property
I) Exceptions to this policy shall not occur.
Revised November 29, 1999
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 40 of 50
DEPARTMENT POLICY
11111111
A.6
PARKS AND COMMUNITY SERVICES
Ills III I11110
NAME OF POLICY: DAILY DRIVE DELAYS AND
CANCELLATIONS page 1 of 2
EFFECTIVE DATE: January 1, 2001 Approved by Director
iiu „ u uwimilk,
Purpose
It is the intent of the Fort Worth Herd to conduct cattle drives in the Historic Fort Worth
Stockyards each day it 11:30 tin 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 bs 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
• Stockc ards Station
• Stock) ards 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 Cowtown Coliseum for display
and interaction with the N sewing public This option requires prior approval from Co«to;in
Coliseum management.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 41 of 50
DEPARTMENT POLICY
II 1 1111111 I 1 11111111 111111111
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: DAILY DRIVE DELAYS AND
CANCELLATIONS
EFFECTIVE DATE January I, 2001 Approved byDirector
page 2 of 2
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 of cancel the drive rests with the Trail Boss or Top Hand in charge
inclusive or exclusive of any conditions set forth above.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 42 of 50
A.7
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: MANAGEMENT OF
ACCOMPANYING RIDERS WITH page 1 of 2
CATTLE DRIVES
EFFECTIVE DATE: February 1, 1999 Approved by Director
11111111 him iltlhl 1Vmioluii 1111 uiil I1 1 11 1111111111 1 IJiiii III illu wlHIM IIVVil 1 1 liilll llilill III II II lu of
1. 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 shalt 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 withlor 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
Approved by City Council, M&C G-129/0, on May 9, 2000
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau
43 of 50
WORKPLACE INVENTORY CONTROL, YEAR 2013
THE FORT WORTH HERD
131A East Exchange St., 76164
Please make any changes - additions, deletions, or corrections
Kristin Jaworski, Trail Boss 817-336-4373
Contact Person & Phone Number
Brenda Taylor/Kristin Jaworski
Prepared By
ASSET/PRODUCT
Equipment
John Deere Tractor EQ #611-0018 VINLV52105123612
One Ton Truck EC##203-0242 Lic#759173 VIN1 FTSW3OFXXEC88992
One Ton Truck EQ# 206-011 Lic#1080517 VIN1GCHC73619F160157
20' Trailer - VIN 140HC22EXXA037435 Lic#991-380 EQ#530-0002
24' Trailer - VIN 49TSG2423X1042389 Lic#989-744 EQ#530-0006
Tiller EQ#316004
Kawasaki Mule 4x4 VIN JKIAFCM1598501890
Barn B Misc.
10' Panels(brown)
Tractor box blade - no plows
Office Equipment
File Cabinet
Desks
Desk Chairs
Mini Frig
SITE: HERD PROGRAM
Please provide as much information as possible
5/22/2013
Date
MANUFACTURER MODEUTYPE SUPPLIER
BRAND NAME
John Deere
Ford
Chevrolet
S&H
CM
John Deere
Kawasaki
Behlen
Gannon
5210
F350
3500
Stock Trailer
Stock Trailer
Mule
44121107
6110018
# IN
STOCK
City of Ft. Worth 1
City of Ft. Worth 1
City of Ft. Worth 1
City of Ft. Worth
City of Ft. Worth
City of Ft. Worth 1
Outriders 1
7
1
2
2
6
1
YRNALUE Updates
Per Item 5/22//2013.
YR 1999 - $40,000 In Service
YR 1999 - $25,000 In Service
2009 - 532,000 In Service
YR 1999 - $11,000 In Service
YR 1999 - $15,000 In Service
YR 1999 - $2,000 In Service
2009 - 511,000 In Service
$1,000.00 In Service
$1,000,00 In Service
9250.00
$1,250.00
5200.00
$250.00
In Service
In Service
In Service
In Service
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau
ASSET/PRODUCT
MANUFACTURER
BRAND NAME
MODEL/TYPE SUPPLIER
# IN I YRNALUE Updates
STOCK Per Item 5/22/2013
Tool Room Inventory
Front Tine Tiller 0711151A0022 Troy Built 5hp 1 $700,00 In service
18v cordless saw Ryoby 1 $200.00 In service
Elite 3400 Presser Washer Briggs & Stratton 1 $500.00 In service
Stalls
48' Floor Fan w wheels Big Country BCB48BCF $500,00 In service
ASSET/PRODUCT MANUFACTURER MODELITYPE SUPPLIER #IN
BRAND NAME STOCK
ITack Room
!Western Saddle Ryon's Ryon's 8 $3,000.00 In service
Serial# RJ444/5; RJ439/2; RJ442/1; RJ4443/7; TW339/3; RJ441/4
Vaquero Saddle Hartkopf Drover's Supply 1 $3,000.00 In service
Breast Collar leather 3 $100.00 In service
Security Camera & Video TV 1 $500.00 In service
Chaps long tan 1 $250.00 In service
Chaps brown shod 1 $250.00 In service
Chaps brown short 1 $250,00 In service
(Chaps brown long 1 I $250.00 In service
Chaps tan short 1 $250,00 In service
'Chaps dark brown 1
$250.00 In service
Radio Kenwood 6 $125.00 In service
Weather alert Radio Radio Shack 7 Channel 1
$100.00 In service
Time clock Acroprint ATR 120 1 Traded in
$300.00 on new one
Break Room & Personal Items
Furniture 1 $300.00 In service
Electric Brand Rod $200.00 In service
Longhorn Loading Chute $31000.00 In service
Bleachers (4) $500.00 In service
Professional Services Agreement with the Fort Worth Convention a
ASSET/PRODUCT
Round Bale Feeder (2)
Blue Round Bale Feeder (1)
ASSET/PRODUCT
PA SYSTEM
12 Fender Speakers
IPA SYSTEM
Insignia & Remote
IReceiver Box
'Body Pack
Speakers 2 SM827-B
LIVESTOCK
HORSE NAME
Chisholm 1
Gulch 1
Little Texas
Whiskey Peet 5
Cherokee 1
MANUFACTURER
BRAND NAME
MANUFACTURER
BRAND NAME
Fender
Fender
Sennheiser
Sennheiser
Atlas Sound
All steers were transferred to
CVB from ZOO in 2010 via
contract and should be
removed from this list
DOB
MODEUTYPE SUPPLIER
MODEL/TYPE SUPPLIER
G087545
G087545
8J07A052426
90853
151241
208G08779
COLOR
2001 Sorrel
Black
Bay
1997 Dark Bay
Sorrel
Purchase Price
-2500.00
-3000.00
-3850.00
-2500.00
-2100.00
# IN YRNALUE Updates
STOCK
# IN
STOCK
2
1
1
CFW
CFW
CFW
CFW
CFW
Per Item 5/22/2013
$2,500.00 In service
$1,000.00 In service
$500,00 In service
$1,250.00 In service
$100.00 In service
$500.00 In service
$500.00 In service
$500.00 In service
Date Aquired
05/13/09 in service
12/07/98 in service
06/02/00 in service
05/13/09 in service
9/27/2009 in service
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau
eft
Exhibit C
Trademark for Herd Logo
tatn of ant
Erg
Enacts *tate% Patent anb tltrabeutark Office
Reg. No. 3,992,820
Registered July 12, 201
Int. Cl.: 25
TRADEMARK
PRINCIPAL REGISTER
rArnr,o- of the 1'MO3 Wc-bleat vW t .vkrwi, Mlhc
FORT WORTH HERD
CITY OF FORT WORTH (TEXAS HOME RULE MUNICIPAL CORPORATION)
1000 TH ROCKMORTON STREET
1 FORT WORTH. TX 76102
FOR: CLOTHING ITEMS. NAMELY,T-SHIRTS. SWEATSHIRTS. CAPS, SHORTS, SCARVES,
TIES AND JACKETS, IN CLASS 25 (U.S. CLS. 22 AND 39).
FIRST tJSE 6-0-1999; IN COMMERCE 6-0-1999.
OWNER OF U.S. REG. NOS. 2,404,808 AND 2,437,519.
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "FORT WORTH", APART FROM
THE MARK AS SHOWN.
THE MARK CONSISTS OF A FANCIFUL REPRESENTATION OF A CATTLE BRAND
COMPRISING THE LETTER 'W IN COMBINATION WITH A BACKWARDS LEI1ER "F",
ABOVETHE STYLIZED WORDING TORT WORTH HERD".
SER. NO. B5-16S,957. FILED 1I-1-2010.
DAWN HAN, EXAMINING ATTORNEY
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau
47 of 50
MT min 131111
Word Mark FORT WORTH HERD
Goods and IC 035. US 100 101 102 G & S: Promoting the economic development in Fort Worth of
Services tourism culture, and crafts. FIRST USE: 19990600. FIRST USE IN COMMERCE:
19990600
Mark Drawing (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Code
Design Search 03.13.03 - Horns (of animal) along (not part of heads), antlers
Code
Serial Number 75637100
Filing Date February 10, 1999
Current Basis 1A
Original Filing 1 B
Basis
Published for December 7, 1999
Opposition
Registration 2404808
Number
Registration Date November 14, 2000
Owner (REGISTRANT) City of Fort Worth, The HOME -RULE MUNICIPAL CORPORATION
TEXAS 1000 Throckmorton Street Fort Worth TEXAS 76102
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "FORT WORTH" APART
FROM THE MARK AS SHOWN
Description of The design consists of a fanciful representation of a cattle brand comprising the letter "W"
Mark in combination with a backwards "F".
Type of Mark SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20101014.
Renewal 1ST RENEWAL 20101014
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 48 of 50
Exhibit D
Insurance
1. Bureau will maintain coverage in the form of insurance or bond in the amount of $ 5,000,000.00
to insure against loss from the fraud, theft or dishonesty of any of Bureau's officers, agents, trustees,
directors or employees The proceeds of such insurance or bond shall be used to reimburse City for any
and all loss of Hotel Occupancy Tax revenues occasioned by such misconduct. To effectuate such
reimbursement such fidelity coverage shall include a rider stating that reimbursement for any loss or
losses shall name the City as a Loss Payee.
2. Bureau shall furnish to City in a timely manner, but not later than October 1, 2013, certificates of
insurance as proof that it has secured and paid for policies of commercial insuiance as specified herein If
City has not received such certificates by October 1, 2013 Bureau shall be in default of the Agreement
and City may, at its option, terminate the Agreement.
3. Such insurance shall cover all insurable risks incident to or in connection with the execution,
performance, attempted performance or nonperformance of this Agreement. Bureau shall maintain, or
require its general contractor to maintain, the following coverages and limits thereof:
a. Commercial General Liability (CGL) Insurance
i. $500,000 each occurrence
ii. $1,000,000 aggregate limit
b. Professional Liability — Errors & Omissions
i. $1,000,000 Each Occurrence
ii. $1,000,000 Annual Aggregate Limit
c. Business Automobile Liability Insurance
i. $1,000,000 each accident on a combined single -limit basis, or
ii. $250 000 Property Damage
iii. $500 000 Bodily Injury per person per occurrence
iv. $2,000,000 Aggregate
v. Insurance policy shall be endorsed to cover "Any Auto", defined as autos
owned, hired, and non -owned.
d. Pending availability of the above coverage and at the discretion of City, the policy shall
be the primary responding insurance policy versus a personal auto insurance policy if or when in
the course of Bureau's business as contracted herein.
e. Workers' Compensation Insurance
i. Part A: Statutory Limits
ii. Part B: Employer s Liability
(a) $100 000 each accident
(b) $100 000 disease -each employee
(c) $500 000 disease -policy limit
4. Additional Requirements
a. Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months and Bureau shall revise such amounts within thirty (30)
days following notice to Bureau of such requirements.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 49 of 50
b. Bureau will submit to City documentation that it has obtained insurance coverage and has
executed bonds as required in this Agreement prior to payment of any monies provided
hereunder.
c. Where applicable, insurance policies required herein shall be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties shall include
employees, representatives, officers, agents, and volunteers of City.
d. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City Such insurance
shall cover employees performing work on any and all projects. Bureau or its contractors shall
maintain coverages, if applicable. In the event the respective contractors do not maintain
coverage, Bureau shall maintain the coverage on such contractor, if applicable, for each
applicable contract.
e. Any failure on part of City to request certificate(s) of insurance shall not be construed as
a waiver of such requirement or as a waiver of the insurance requirements themselves.
f. Insurers of Bureau's insurance policies shall be licensed to do business in the state of
Texas by the Depai tinent of Insurance or be otherwise eligible and authorized to do business in
the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and
solvency and each such company shall have a current minimum A.M. Best Key Rating Guide
rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by
City.
g. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by City.
h. In the event there are any local, federal or other regulatory insurance or bonding
requirements for Bureau's operations, and such requirements exceed those specified herein, the
former shall prevail.
i. Bureau shall require its subcontractors to maintain applicable insurance coverages, limits,
and other requirements as those specified herein; and, Bureau shall require its subcontractors to
provide Bureau with certificate(s) of insurance documenting such coverage. Also, Bureau shall
require its subcontractors to have City and Bureau endorsed as additional insured's (as their
interest may appear) on their respective insurance policies
j. Professional Liability coverage shall be in force and may be provided on a claim's made
basis. This coverage may also be referred to as Management Liability, and shall protect the
insured against claims arising out of alleged errors in judgment, breaches of duty and wrongful
acts arising out of their management duties.
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