HomeMy WebLinkAboutContract 55279 CSC No. 55279
TRUST FUND EVENT SUPPORT CONTRACT
2021 BASSMASTER CLASSIC
This TRUST FUND EVENT SUPPORT CONTRACT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH("City"), a home-rule municipality
organized under the laws of the State of Texas; FORT WORTH CONVENTION AND
VISITORS BUREAU,d/b/a VISIT FORT WORTH("VFW"),a Texas non-profit corporation;
and B.A.S.S.,LLC ("BASS"),an Alabama limited liability company.
RECITALS
The City, VFW, and BASS (collectively, "Parties") agree that the following statements
are true and correct and constitute the basis upon which the Parties have entered into this
Agreement:
A. Since 1968,BASS,which is recognized as the worldwide authority on bass fishing,
has been dedicated to enhancing the sport of bass fishing by advocating for access, conservation,
and youth fishing.
B. BASS sanctions and governs multiple bass fishing events throughout the United
States on an annual basis, and the process for deciding where to hold a sanctioned event is highly
competitive and takes into account many factors,including,but not limited to,venue requirements
that include a large arena, expo center, and a boat service yard; healthy bass fishery; airport with
significant lift; market area history of supporting fishing; competition schedule; travel
requirements for competitors and officials;weather conditions; and BASS's overall business goals.
C. The Bassmaster Classic, which is one of BASS's sanctioned events, is an annual,
three-day event that is recognized around the world as fishing's world championship.
D. The Bassmaster Classic delivers substantial economic benefits to its host cities by
way of thousands of attendees and hotel room nights, along with media coverage through major
platforms such as Fox Sports, Bassmaster.com, Bassmaster and B.A.S.S. Times magazines, and
Bassmaster Social Media Channels.
E. VFW is a Texas non-profit corporation that is organized for the exclusive purpose
of promoting the public interest in the City of Fort Worth,Texas, and its metropolitan area.
F. VFW,through an agreement with the City,has been tasked with providing focused
sports marketing for the City to further enhance the impact of sports tourism on the Fort Worth
area by attracting new investments, expanding the vision of marketing Fort Worth nationally,
creating an increased focus on community events and a vision for venue support and expansion,
and building a larger community-wide focus on sports marketing.
G. After conducting a highly competitive, multi-state, site-selection process pursuant
to an application by the City (in collaboration with VFW )to evaluate the proper site to conduct
OFFICIAL RECORD
Event Trust Fund Agreement between CITY SECRETARY
City of Fort Worth,B.A.S.S.,LLC,and VFW FT.WORTH,TX
the Bassmaster Classic, BASS selected the City of Fort Worth for its 2021 Bassmaster Classic
("Event"),which is not held more than one time in Texas or an adjoining state in any year.
H. The Event will take place over three days, from June 11-13, 2021, and include 54
of the world's best anglers competing for a$1 million purse. Live weigh-ins will occur at Dickies
Arena, along with expo events at the Will Rogers Memorial Center ("WRMC"), both of which
are located in Fort Worth and directly adjacent to each other.
I. The City,VFW,and BASS entered into a Host Agreement(hereinafter defined)for
the Event setting forth certain obligations of each Party that are necessary to prepare for and
conduct the Event in Fort Worth, including obligations related to the events trust fund, host fee,
rental facilities credits and offsets, advertising, media, public relations, and tent rentals,the same
being recorded with the Fort Worth City Secretary's Office as City Secretary Contract ("CSC")
Number 54006.
I Due to the adverse effects of COVID-19, BASS had to reschedule the Event from
March 19-21,2021,to June 11-13,2021. The Parties amended the Host Agreement to account for
the revised dates, the same being CSC No. 54006-Al (CSC Nos. 54006 and 54006-Al are
collectively referred to herein as the"Host Agreement"and are incorporated herein by reference).
K. Chapter 480 of the Texas Government Code, as amended (as it may be amended
from time to time) ("Act"), authorizes the EDT to establish the Events Trust Fund ("Fund") for
this Event. Funds deposited into the Fund may be used by the City to fulfill its obligations under
an event support contract, as defined in the Act,governing the Event. This Agreement is intended
to serve as such event support contract.
L. The EDT has analyzed the incremental increase in certain sales and use, hotel
occupancy, and mixed beverage tax receipts to be collected by or on behalf of the City and the
State of Texas directly attributable to the preparation for and presentation of the Event and related
activities.
M. Based on its analysis, the EDT, by letter to the City dated January 26, 2021 has
determined that it will deposit $1,186,130.00 of State funds into the Fund if matched by
$189,781.00 in remittances by or on behalf of the City, for a total Fund amount of$1,375,911.00.
As an endorsing municipality under the Act,the City has or will remit$186,130.00 into the Fund.
N. The Act provides that the money in the Fund may be used for the payment of costs
relating to the preparations necessary for conducting the event and costs of conducting the event
("Permissible Uses").
O. The obligations of the Parties under the Agreement are set forth in the Host
Agreement and Section 5 of this Agreement, which the Parties agree, without limitation, are
necessary for the City to provide incremental services necessary for the Event as well as other
costs necessary for the City and VFW to host the Event and for BASS to conduct the Event.
Event Trust Fund Agreement between
City of Fort Worth,B.A.S.S.,LLC,and VFW 2 of 13
P. Pursuant to Resolution No. 3513-08-2007 adopted on August 14, 2007, the City
Council of the City has authorized the City Manager to negotiate agreements that promote major
sporting or athletic events benefitting the City and secured,in part, on account of the Fund and the
provisions of the Act.
NOW, THEREFORE,for and in consideration of the premises,undertakings and mutual
covenants of the parties set forth herein and other good and valuable consideration,the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
AGREEMENT
1. RECITALS.
The Parties agree that the recitals set forth above in this Agreement are true and correct,
and the representations, covenants and recitations set forth therein are made a part hereof for all
purposes.
2. TERM.
This Agreement is effective as of January 26, 2021, and remains in full force and effect
until the later of(i) December 31, 2022 or(ii)the date as of which all Funds have been disbursed
in accordance with the Act and with this Agreement,unless terminated earlier pursuant to the terms
of this Agreement.
3. APPLICATION FOR EVENT TRUST FUND DISBURSEMENT.
The City, as the endorsing municipality,has previously applied to the EDT for the creation
of a Fund for the Event under the provisions of the Act.
4. TRUST FUND DEPOSIT.
In consideration of BASS's selection of Fort Worth as the sole site for the Event,the City,
as the endorsing municipality,will remit$189,130.00 into the Fund, as set forth in the January 26,
2021 letter that was issued by the EDT estimating the incremental increase in tax revenue under
the Act as a result of the Event and setting forth the contribution to the Fund by the City("City
Remittance"). The City Remittance is intended to trigger the State of Texas contribution to the
Fund under the terms of the Act. The City Remittance plus the contributions by the State of Texas
to the Fund in accordance with the Act shall be referred to herein as the"Total Fund Amount".
5. GENERAL OBLIGATIONS OF THE PARTIES.
(a) BASS.
(i) BASS is obligated to hold and conduct the Event at the WRMC and Dickies
Arena and the surrounding area from June 11, 2021 through June 13, 2021 pursuant to the
obligations,terms, and conditions of the Host Agreement. BASS agrees that the covenants
and promises made in this Agreement are consistent with the obligations of the Host
Event Trust Fund Agreement between
City of Fort Worth,B.A.S.S.,LLC,and VFW 3 of 13
Agreement and are necessary to prepare for and conduct the Event, which include, among
other things, the following:
(1) The rental cost of Dickies Arena is $625,000 of which VFW agrees
to pay$325,000 of the rental fee. BASS will be responsible for the
other$300,000 and any overages.
(b) VFW.
(i) VFW agrees that it will perform its obligations set out in the Host
Agreement,which include, among other things, the following:
(1) The rental cost of Dickies Arena is $625,000 of which VFW agrees
to pay$325,000 of the rental fee. BASS will be responsible for the
other$300,000 and any overages.
(2) VFW will expend up to $125,000.00 to rent a 100' x 300' tent for
the Event. Expense will include setup prior to event, and removal
following event. BASS will be responsible for any overages.
(c) City.
(i) City agrees that it will perform its obligations set out in the Host Agreement,
which include, among other things,the following:
(1) City will pay BASS a host fee of Five Hundred Thousand Dollars
and No Cents ($500,000.00) ("Host Fee").
(2) City will license to BASS the use of the WRMC's Exhibit Hall,
Poultry Barn, the Round-Up Inn, Barns 1 and 2 and the Tower
Promenade, and other areas within WRMC as the City and BASS
may agree to in writing for the Event. The City will apply a rental
credit to BASS up to $100,000.00 for the use of the above-stated
facilities.
(ii) The Parties also recognize that BASS is the Event expert and has the
structure and mechanisms in place to properly and adequately perform the functions
necessary to prepare for and conduct the Event. In addition to the City's obligations
set forth in Section 5(c)(i) and (ii), the City's obligation under this Agreement are
to pay BASS for the necessary,reasonable, and actual expenses required to prepare
for and conduct the Event as a means to reimburse BASS to help cover the costs of
the Event in areas of which the City lacks expertise. These expenses may include,
but are not limited to,the following:
Event Trust Fund Agreement between
City of Fort Worth,B.A.S.S.,LLC,and VFW 4 of 13
(1) Advertising and marketing promotions of the Event, including, but
not limited to, broadcast and published media and printing and
production costs;
(2) Trophies distributed at the;
(3) Rental cost of facilities for the Event;
(4) Rental cost of equipment for the Event;
(5) Decorator and the rental of furnishings for the Event;
(6) Security and emergency medical technician/Medic services;
(7) Staff hired or contracted specifically for the Event;
(8) Directional signage;
(9) Event insurance;
(10) Credentials;
(11) Production costs, including staging,rigging, sound, and lighting;
(12) Food provided on-site to Event participants or other personnel
necessary to conduct the event;
(13) Costs attributed to inclement weather occurring immediately before,
during, or after the Event;
(14) Transportation for event participants and staff;
(15) Travel expenses, including lodging, automobile mileage, rental car,
and commercial airfare for event participants or other similar person
directly related to the conduct of the event, provided that said
individual does not reside in the events market area
(16) Printing and production expenses;
(17) Photographer,videographer and/or webcaster;
(18) Parking fees on facility grounds for event staff and officials;
(19) Expenses incurred for health screening and safety protocols for
Event attendees, staff and participants;
(20) Additional electrical needs for event; and
(21) Data and telecommunication services provided at the facility for the
event.
(iv) The City is responsible for distributing the Total Fund Amount to reimburse
the City, VFW, and BASS for the expenses set forth in Section 5 as follows:
(1) If, after the EDT approves the actual attendance figures for the
Event, there is no reduction in disbursements from the Fund for the Event
(see Texas Government Code Section 480.0203 and Rule 184.30 of the
Texas Administrative Code), then reimbursement from the Fund will paid
as follows:
A. First, to the City to reimburse the City for its full Host Fee;
B. Second, to BASS to reimburse BASS for its obligation to
pay $300,000.00 in rental for the Dickies Arena, consistent
with the Host Agreement and this Agreement;
Event Trust Fund Agreement between
City of Fort Worth,B.A.S.S.,LLC,and VFW 5 of 13
C. Third, to the City to reimburse it for the rental credits set
forth above in Section 5(c)(i)(2) in an amount up to
$100,000;
D. Fourth,to VFW to reimburse it for actual expenses incurred
to carry out its obligations under this Agreement and the
Host Agreement in an amount up to$425,000.00; and
E. Lastly, all remaining amounts in the Fund to BASS to
reimburse BASS for any additional costs incurred by it
consistent with this Agreement and the Host Agreement.
(2) If the EDT reduces disbursements from the Fund to 55%to 74.99%
as a result of the Event not meeting set attendance goals (see Texas
Government Code Section 480.0203 and Rule 184.30 of the Texas
Administrative Code), then Reimbursement from the Fund will be paid as
follows:
A. First, to the City to reimburse it for the full Host Fee and
rental credits of$100,000.00 as set forth above.
B. Second, to BASS and VFW to reimburse them on a dollar-
per-dollar basis for the following obligations:
I. BASS: $300,000.00 in rental for the Dickies Arena as
set forth above.
II VFW: Actual expenses incurred to carry out its
obligations under this Agreement and the Host
Agreement in an amount up to $425,000.00.
C. Lastly, all remaining amounts in the Fund, if any, to BASS
to reimburse BASS for any additional actual costs incurred
by it consistent with this Agreement and the Events Trust
Fund Agreement.
(3) If the EDT reduces disbursements from the Fund to 0% to 54.99%
as a result of the Event not meeting set attendance goals (see Texas
Government Code Section 480.0203 and Rule 184.30 of the Texas
Administrative Code), then Reimbursement from the Fund will be paid as
follows:
A. First, to the City to reimburse it for the full Host Fee.
B. Second,to VFW to reimburse it for actual expenses incurred
to carry out its obligations under this Agreement and the
Event Trust Fund Agreement between
City of Fort Worth,B.A.S.S.,LLC,and VFW 6 of 13
Host Agreement in an amount up to $425,000.00.
C. Third, to the City to reimburse it for the rental credits set
forth above in an amount up to$100,000.00.
D. Fourth, to BASS to reimburse it for its obligation to pay
$300,000.00 in rental for the Dickies Arena and any other
obligations set forth in this Agreement and the Host
Agreement.
(v) VFW and BASS must provide invoices to the City for expenses incurred for
the Event. VFW and BASS must provide any supporting expense documentation
as required by the City or as requested by the EDT to the full satisfaction of both
the City and the EDT for the Event. The City will make payment(s) to VFW and
BASS,as applicable,within thirty(30)calendar days after receipt of such payment
from the EDT in accordance with the terms of this Agreement. The City will be
responsible for dealing with the EDT with respect to disbursements from the Fund
and distributing the Total Fund Amount in accordance with the terms of this
Agreement.
(vi) Any payments to VFW and BASS as set forth in this Agreement are limited
to the maximum amount available from and approved for eventual distribution from
the Fund established for the Event and must be eligible for payment by the Act.
Under no circumstances will the City be obligated to VFW or BASS for more than
that maximum sum when, and if,received from the Fund for the Event. VFW and
BASS will not seek,and will not be entitled to,payment from the City for any costs
not distributed by the EDT from the Fund established for the Event.
6. COMMITMENT OF BASS.
Not later than five (5) business days after moneys in the Fund have been distributed in
accordance with Section 5 above,BASS will pay the City an amount equal to the City Remittance.
7. DOCUMENTATION.
(a) VFW and BASS will cooperate with the City in documenting costs incurred by
VFW and BASS for the Event to evidence the Permissible Uses.
(b) VFW and BASS hereby certify and warrant that all documentation submitted to the
City fully and accurately represent the actual costs incurred by VFW and BASS in hosting,
preparing, and conducting the Event and is consistent with the Permissible Uses under the Act.
VFW and BASS are liable to the City for any damages resulting from a breach of this section.This
section shall survive the expiration or termination of this Agreement.
Event Trust Fund Agreement between
City of Fort Worth,B.A.S.S.,LLC,and VFW 7 of 13
8. NON-EXCLUSIVE REMEDIES.
Except as otherwise provided herein, no remedy herein conferred or reserved is intended
to be exclusive of any other available remedy or remedies, and each and every such remedy is
cumulative and in addition to every such remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. It is expressly agreed that the remedy at law for breach
by a party of its obligations hereunder may be inadequate in view of the complexities and
uncertainties in measuring the actual damages which would be sustained by reason of either party's
failure to comply fully with each of such obligations. Accordingly, the obligations of each party
hereunder are expressly made enforceable by specific performance. If it becomes necessary for
any party to this Agreement to bring suit to enforce or interpret the provisions hereof,the prevailing
party to such suit shall be entitled to its reasonable and necessary attorney's fees and costs.
9. TERMINATION FOR CAUSE.
The City may terminate this Agreement if either VFW or BASS fails to comply with any
term, provision, or covenant of this Agreement in any material respect. If an event of default
occurs, City will give written notice that describes the default in reasonable detail. The defaulting
party must cure such default within thirty (30) calendar days after receiving notice from City,
unless otherwise agreed to in writing. If the Event is cancelled for any reason,then this Agreement
will terminate immediately and the City will not be held responsible or liable for its obligations
hereunder.
10. SEVERABILITY.
If any provision of this Agreement is held to be illegal, invalid or unenforceable under
present or future laws, the legality, validity and enforceability of the remaining provisions of this
Agreement shall not be affected thereby, and this Agreement shall be liberally construed so as to
carry out the intent of the parties to it.
11. NOTICES.
Any notice, request or other communication required or permitted to be given under this
Agreement shall be given in writing by delivering it against receipt for it, by depositing it with an
overnight delivery service or by depositing it in a receptacle maintained by the United States Postal
Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the
respective parties at the addresses shown herein (and if so given, shall be deemed given when
mailed). Notice sent by any other manner shall be effective upon actual receipt by the party to be
notified. Actual notice, however and from whomever given or received, shall always be effective
when received. Any party's address for notice may be changed at any time and from time to time,
but only after thirty (30) days' advance written notice to the other parties and shall be the most
recent address furnished in writing by one party to the other parties. The giving of notice by one
party which is not expressly required by this Agreement will not obligate that party to give any
future notice.
Event Trust Fund Agreement between
City of Fort Worth,B.A.S.S.,LLC,and VFW 8 of 13
City: B.A.S.S.,LLC:
City of Fort Worth B.A.S.S., LLC
Attn: Director,Public Events Dept. Attn: Carol Stone
200 Texas Street 3500 Blue Lake Drive, Ste. 330
Fort Worth, TX 76102 Birmingham,AL 35243
with copies to:
the City Manager and
the City Attorney
at the same address
VFW:
Visit Fort Worth
Attn: Bob Jameson
111 W. 4a' Street, Ste. 200
Fort Worth, Texas 76102
12. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
This Agreement is 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; provided, however, that any future Charter or ordinance amendment shall not be
deemed to modify, amend, or negate any provision of this Agreement.
13. GOVERNMENTAL POWERS.
It is understood that by execution of this Agreement,the City does not waive or surrender
any of its governmental powers or immunities.
14. NO WAIVER.
The failure of any party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's
right to insist upon appropriate performance or to assert any such right on any future occasion.
15. VENUE AND CHOICE OF LAW.
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.
Event Trust Fund Agreement between
City of Fort Wortb,B.A.S.S.,LLC,and VFW 9 of 13
16. NO THIRD-PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the Parties,
and any lawful assign or successor of VFW or BASS, and are not intended to create any rights,
contractual or otherwise,to any other person or entity.
17. FORCE MAJEURE.
It is expressly understood and agreed by the parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of
God, inclement weather, or other circumstances which are reasonably beyond the control of the
party obligated or permitted under the terms of this Agreement to do or perform the same,
regardless of whether any such circumstance is similar to any of those enumerated or not,the party
so obligated or permitted shall be excused from doing or performing the same during such period
of delay, so that the time period applicable to such performance will be extended for a period of
time equal to the period such party was delayed.
18. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly
for or against any party,regardless of the actual drafter of this Agreement.
19. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
20. ENTIRETY OF AGREEMENT.
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference,contains the entire understanding and agreement between the Parties, and any
lawful assign and successor of VFW and BASS, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
21. COUNTERPARTS.
This Agreement may be executed in any number of counterparts with the same effect as if
all of the parties had signed the same document. Such executions may be transmitted to the other
party by digital scan or facsimile and such scanned or facsimile execution shall have the full force
and effect of an original signature. All fully executed counterparts,whether original executions or
scanned or facsimile executions or a combination, shall be construed together and shall constitute
one and the same agreement.
Event Trust Fund Agreement between
City of Fort Worth,B.A.S.S.,LLC,and VFW 10 of 13
22. AMENDMENT.
No amendment,modification,or alteration of the terms of this Agreement shall be binding
unless the same is in writing,dated subsequent to the date hereof, and duly executed by the Parties
hereto.
23. INDEMNIFICATION AND RELEASE.
(a) BASS AND VFW COVENANT AND AGREE TO AND DO HEREBY
INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT THEIR OWN EXPENSE, CITY
FROM AND AGAINST ANY AND ALL CLAIMS,LAWSUITS,JUDGMENTS,ACTIONS,
CAUSES OF ACTION,LIENS,LOSSES,EXPENSES,COSTS,FEES (INCLUDING,BUT
NOT LIMITED TO,ATTORNEY'S FEES AND COSTS OF DEFENSE),PROCEEDINGS,
DEMANDS, DAMAGES, LIABILITIES, OR SUITS OF ANY KIND OR NATURE,
INCLUDING,BUT NOT LIMITED TO,THOSE FOR PROPERTY OR MONETARY LOSS,
OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,ARISING
OUT OF,IN CONNECTION WITH,OR RESULTING FROM ANY REPRESENTATIONS
OR MISREPRESENTATIONS BY BASS OR VFW, RESPECTIVELY, AND THEIR
RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS,
PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS
AGREEMENT.
(b) IF ANY ACTION OR PROCEEDING IS BROUGHT BY OR AGAINST THE
CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, BASS OR VFW,
AS APPLICABLE, ON NOTICE FROM CITY, MUST DEFEND SUCH ACTION OR
PROCEEDING, AT THEIR OWN EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CITY.
(c) IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW
OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR
ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS
SECTION, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE
INDEMNIFICATION OBLIGATION AND WILL OPERATE TO AMEND THE
INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO
BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF
SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION
OBLIGATION WILL CONTINUE IN FULL FORCE AND EFFECT.
(d) This section will survive the expiration or termination of this Agreement.
24. AUDIT.
BASS and VFW agree that City and its internal auditor will have the right to audit, which
includes,but is not limited to,the right to complete access to and the right to examine,the financial
Event Trust Fund Agreement between
City of Fort Worth,B.A.S.S.,LLC,and VFW 11 of 13
and business records of BASS and VFW that relate to the documentation provided to the City
pursuant to this Agreement, including,but not limited to, all necessary books,papers, documents,
records, and personnel, (collectively "Records") in order to determine compliance with this
Agreement. BASS and VFW must make all Records available to City at 200 Texas Street, Fort
Worth, Texas or at another location in City acceptable to both parties within thirty (30) calendar
days after notice by City and will otherwise cooperate fully with City during any audit.
Notwithstanding anything to the contrary herein, this section survives the expiration or earlier
termination of this Agreement.
25. ASSIGNMENT.
Neither party hereto shall assign or transfer its interest herein without prior written consent
of the other party, and any attempted assignment or transfer of all or any part hereof without such
prior written consent shall be void. This Agreement shall be binding upon and shall inure to the
benefit of the Parties and their respective successors and permitted assigns.
26. AUTHORIZATION.
By executing this Agreement, VFW and BASS's agents affirm that each is authorized to
execute this Agreement and that all representations made herein with regard to VFW's and BASS's
identity, address, and legal status (corporation, partnership, individual, dba, etc.) are true and
correct.
27. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or exhibits hereto.
EXECUTED to be EFFECTIVE as of the date set forth Section 2 of this Agreement:
CITY OF FORT WORTH: B.A.S.S,LLC,
an Alabama limited liability company
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J Jay Chapa Name: '(_,¢�✓�o}� SA-can- J
Deputy City Manager Title:
Date: Date: akj 3C>2-1
Event Trust Fund Agreement between
City of Fort Worth,B.A.S.S.,LLC,and VFW 12 of 13
APPROVED AS TO FORM FORT WORTH CONVENTION AND
LEGALITY: VISITORS BUREAU,d/b/a Visit Fort Worth
a Texas non-profit corporation
By:
Tyler F. Wallach Robert Jameson
Assistant City Attorney CFO
Date: 02/02/2021
OR
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Mary Kayser d��� a�
City Secretary �r1�EXpSaA
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CITY OF FORT WORTH USE ONLY
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Brandy Wagner(Feb 2,-%2114:52 CST)
Brandy Wagner
Program Coordinator
Event Trust Fund Agreement between
City of Fort Worth,B.A.S.S.,LLC,and VFW 13 of 13