HomeMy WebLinkAboutContract 59692CSC No. 59692
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WO TH AND
THE FORT WO TH 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 WO TH (the "City"), a home -rule municipal corporation of the State of Texas, acting by and
through its duly authorized Assistant City Manager, and the FORT WO TH CONVENTION AND
VISITORS BUREAU (the "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 tourists 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 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 11 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 tourists and convention delegates to visit preserved
historic sites located within the City; and encouraging, promoting, improving, and applying the arts; and
WHEREAS, the Texas Tax Code authorizes a municipality to contract with another entity to
manage and supervise programs or activities funded with revenue from the hotel occupancy tax, subject to
certain conditions; and
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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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.
44949, as amended ("CSC 44949"), Bureau's duties, as related to the Events Trust Fund Program, include
providing documentation necessary for processing of all Events Trust Fund applications, attendance
certifications, event support contracts and disbursement requirements (and associated documents) through
the City's administration of the Events Trust Fund Program; 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 44949, as amended, expires on September 30', 2023, and the parties now desire
to enter into a new Agreement that will be effective beginning on October 1, 2022 and supersede the CSC
44949 upon execution.
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 means: The Fort Worth Convention and Visitors Bureau (d/b/a Visit Fort Worth)
and its officers, directors, representatives, agents, employees, and contractors (other than the City).
(ii) City means: The City of Fort Worth, Texas and its officers, representatives, agents, and
employees.
(iii) Citv Council means: The Fort Worth City Council.
(iv) Citv Public Facilities means: 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.
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(v) Director means: The Director for the Public Events Department of the City of Fort Worth,
Texas or that person's authorized representative or designee.
(vi) Events Trust Fund means: the state of Texas Event Trust Funds program comprised of the
Events Trust Fund, Major Events Reimbursement Program, and Motor Sports Racing Trust Fund,
targeted at attracting various types of events to the State of Texas.
(vii) FWCC means: The City -owned facility known as the Fort Worth Convention Center
located at 1201 Houston Street, Fort Worth, Texas 76102.
(viii) Fiscal Year means: the twelve-month period beginning October 1 and ending September
30, or such alternate twelve-month period as approved in writing by the City.
(ix) General Funding means: 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.
(x) Herd or Fort Worth Herd means: 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.
(xi) Herd Capital Expense Fund means: the program established by the City to facilitate
additional funding for Herd Capital Expenses. The funding is to be a dollar -for -dollar match with
fundraising by Friends of the Herd.
(xii) Hotel Room -Nights) means: 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.
(xiii) HOT means: Hotel Occupancy Tax.
(xiv) Marketing Plan means: 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.
(xv) Priority Status means: 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.
(xvi) Public Events Department or Department means: The City of Fort Worth Department that
is responsible for overseeing the City Public Facilities.
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(xvii) Special Public Facilities Fund(s) or ("SPFF(s)") means: 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.
(xviii) Tax Collections means: 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 dedicated to a specific
purpose by state law or by a local ordinance or agreement adopted in accordance with state law.
The term shall not include hotel 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).
(xix) WRMC means: The City -owned facility known as the Will Rogers Memorial Center
located at 3401 W. Lancaster, Fort Worth, Texas 76107.
(xx) Work means: 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.
(xxi) Sports MarketinQFund ("SMF") means: A fund administered in accordance with the terms
of this Agreement and available for the purpose of promoting and marketing the sports tourism
industry in the City of Fort Worth.
(xxii) Motion Picture, Film, and Television Marketing Fund (` FMF") means: A fund
administered in accordance with the terms of this Agreement and available for the purpose of
promoting and marketing the City of Fort Worth to the motion picture, film, and television industry
to raise national awareness of the City.
(xxiii) National Public Relations Marketiniz Fund (`NPRMF") means: A fund administered in
accordance with the terms of this Agreement and available for the purpose of promoting and
marketing the City of Fort Worth by a national public relations firm to include stories that support
Fort Worth's economic development agenda.
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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, 2022, and shall remain in effect until September 30, 2027 ("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 funding as detailed in Section 4.02.
(a) Further, on October 22, 2013, the Fort Worth City Council designated Project
Financing Zone No. One (the "PFZ"). The PFZ encompasses a three-mile area around dual
radii consisting of two identified qualified projects — the FWCC and Dickie's Arena. On
December 1, 2015, the Fort Worth City Council designated a portion of incremental growth
in revenue, in excess of an identified Baseline (the "Baseline"). Incremental HOT revenue
generated by hotels inside the PFZ will be dedicated to designated special projects.
Incremental HOT revenue generated by hotels outside the PFZ will continue to be
programmed in accordance with past practices. The Baseline for calculating the increment
is $18,850,936.00, which represents the total annual revenue from the 7% local HOT based
on April 2015 re -estimate data. If the City receives HOT revenue in excess of the Baseline,
the additional revenue, or incremental growth, will be allocated according to the location
of the hotel generating the revenue. Incremental revenue in excess of the Baseline that is
generated by hotels inside the PFZ will be dedicated to eligible special projects and
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excluded from the calculation of funding under this Agreement. Incremental revenue in
excess of the Baseline from hotels outside of the PFZ will be taken into account in
calculating Bureau funding under this section.
(b) Therefore, for purposes of funding under this section, Tax Collections include (a)
all City 7% HOT revenues up to the Baseline ($18,850,936.00) plus (b) City 7% HOT that
exceeds the Baseline and that is generated and collected from hotels outside the PFZ.
Bureau funding will include 47% of the Baseline, plus 47% of projected City 7% HOT
revenues above the Baseline generated by hotels outside the PFZ.
(c) Funding, including the impact of dedication, is subject to the true up process
outlined in section 4.01(iii) below.
(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 $200,000.00, 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 limited to reimbursement from the Bureau to the City of
any overpayment resulting from actual revenues being less than the projected/budgeted amount.
Such reimbursement shall take the form of one or more cash payments in accordance with Section
14.
(v) National Public Relations Marketing Fund. The purpose of engaging an NPRMF is to raise
awareness of the City's economic development agenda and progress through media coverage as a
complement to other marketing tactics. Bureau agrees to expand its contract for national public
relations support to include stories that support the City's economic development agenda. Funding
for the NPRMF is as outlined herein.
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(a) The City will allocate up to $120,000.00, from the City's General Fund, per Fiscal
Year for the NPRMF within thirty calendar days after execution of this Agreement.
(b) Scope of work will be identifying potential news and feature stories from the City's
economic development priorities and pitching those to regional and national media outlets
for the purpose of raising awareness of Fort Worth. The NPRMF's relationships with media
are vital to achieving success.
(c) Bureau will maintain and account for the NPRMF in coordination with City of Fort
Worth Economic Development, City Communications, Office of the Mayor and other
departments as needed, as well as Bureau's own use of the NPRMF.
(d) Any unused NPRMF funds will carry over to the following Fiscal Year's use for
the NPRMF and will supplement the total funding to be contributed by the City during that
Fiscal Year.
(e) Use and expenditure of the NPRMF will be subject to the terms and conditions of
this Agreement.
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 carry out the following specialized marketing
and promotional obligations: (i) the Special Public Facilities Funds, (ii) the Fort Worth Herd Operations,
(iii) the Sports Marketing Fund; and (iv) the Motion Picture, Film, and Television marketing Fund 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.
(f) Use and expenditure of the SPFFs shall be subject to the terms and conditions of
this Agreement.
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herein.
(ii) Fort Worth Herd Operations. Funding for the Fort Worth Herd is as outlined herein.
(a) For the first Fiscal Year of the Initial Term, funding for the Fort Worth Herd will
be $1,033,096.00, 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, in writing,
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."
(iii) Fort Worth Herd Capital. Funding for Fort Worth Herd Capital Expenses is as outlined
(a) The City may allocate up to $50,000.00 annually for Herd Capital Expenses.
Funding for Herd Capital Expenses shall be a dollar for dollar match with Friends
of the Herd fundraising for capital expenses. Funding raised by Friends of the Herd
for the previous fiscal year will be used to determine the City's dollar for dollar
match obligation.
(b) Any unused funds will carry over to the following Fiscal Year's use for Herd
Capital Expenses and will supplement the total funding to be contributed by the
City during that Fiscal Year.
(c) Use and expenditure of the Herd Capital Expense Fund is subject to the terms and
conditions of this Agreement.
(iv) Sports Marketing Fund. Funding for the SMF is as outlined herein.
(a) The City may allocate up to $200,000.00 per Fiscal Year for the SMF, beginning
in Fiscal Year 2023.
(b) The Bureau will maintain and account for the SMF.
(c) Any unused funds will carry over to the following Fiscal Year's use for the SMF
and will supplement the total funding to be contributed by the City during that
Fiscal Year.
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herein.
(d) Use and expenditure of the SMF is subject to the terms and conditions of this
Agreement.
(v) Motion Picture, Film, and Television Marketina Fund. Funding for the FMF is as outlined
(a) The City will allocate up to $150,000.00 for Fiscal Year 2022-2023 for the FMF
within thirty calendar days after execution of this Agreement.
(b) Funding for subsequent Fiscal Years will be agreed upon, in writing, annually
based on the Bureau's budget and submissions and available funds to support the FMF.
(c) The Bureau will maintain and account for the FMF.
(d) Any unused FMF funds will carry over to the following Fiscal Year's use for the
FMF and will supplement the total funding to be contributed by the City during that Fiscal
Year.
(e) Use and expenditure of the FMF will be subject to the terms and conditions of this
Agreement.
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 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 obligations 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 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.
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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 September as the Bureau's fiscal
year; provided, however, that the Bureau may submit to the City a written request to use 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 2023 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 measurable 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, and the Director of Public Events 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 event 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, meetings, 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 include, but not be limited to, a mission statement, 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.
(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, and hotel industry.
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5.04 Budget. The Bureau has prepared and submitted its proposed written budget for Fiscal Year 2022-
2023 to the City. For the remaining Term, the Bureau will 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 will (i) include proposed funding for the General Funding, the SPFFs, the Herd
Operations, Herd Capital, SMF, and FMF; 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, SMF, and FMF. 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 Tax 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, sports events, 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 systematic manner, entities and
organizations that regularly hold conventions, equestrian events, sports 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 proposal 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
information on available hotel space and hotel 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
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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 and 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.
(7) The Bureau will conduct digital advertising campaigns in target domestic
cities that hold the potential to attract leisure visitors to the Fort Worth market,
• (b) The Bureau will maintain exhibit materials and displays for the purpose of
attracting visitors and convention attendees; 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. In addition, Bureau will maintain an online
presence through various online collateral and social media to attract visitors and
convention attendees.
(c) The Bureau will 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 will develop public awareness among City businesses and the general
public of the desirability, benefits, and importance of the convention, equestrian, 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, which shall include, without
limitation, the appropriate state agency for economic development and tourism, the
American and Texas Societies of Association Executives, and the Destination Marketing
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Association International, as well as other relevant agencies, to ensure that favorable
publicity about the City may be continued and expanded.
(e) The Bureau will market and distribute materials promoting Fort Worth as a
preferred destination city consistent with the Marketing Plan.
(f) The Bureau will demonstrate the advantages that Fort Worth has to offer visitors.
(g) The Bureau will 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 will 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 will 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.MeetInFortWorth.com — that houses
websites for the City Public Facilities plus prominent hotels and meeting spaces
with the goal of marketing directly to meeting 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, 313tours, 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.
0) The Bureau will 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 will 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 will 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 will develop a written application to be used in connection
with the awarding of subgrants and shall develop criteria for objectively grading
all applicants and making awards.
(4) The Bureau will 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.
(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.
(m) The Bureau agrees to provide City with certain enhanced marketing and
promotional opportunities that are specifically intended to retain and attract business to the
FWCC and WRMC, including, but not limited to, planning and hosting client events,
dinners, social gatherings, travel, and other marketing and promotional activities. The
Director will provide the Bureau with written notice of any potential marketing or
promotional opportunities. If the Bureau wishes to participate, then the parties will
mutually agree, in writing, on each party's obligations as it pertains to the marketing or
promotional activities, including, but not limited to, any financial participation by the
Bureau.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 14 of 55
(n) The Bureau will abide by all requirements set forth in this Agreement regarding
the maintenance and use of the Sports Marketing Fund.
(o) The Bureau will abide by all requirements set forth in this Agreement regarding
the maintenance and use of the FMF.
(o) The Bureau will perform any additional duties as agreed upon in writing by the
City and the Bureau.
6.
SPECIAL MARKETING FUNDS
6.01 Generallv. The City and the Bureau recognize the need to maintain Specialized Marketing Funds,
each of which is dedicated to assist in attracting, maintaining, and retaining tourism and convention business
at a certain facility in Fort Worth or in a certain entertainment -and -tourism sector. The "Specialized
Marketing Funds" consist of two Special Public Facilities Funds, the SMF, and the FMF, each of which is
to be administered and utilized in accordance with the terms of this Section and the Agreement.
(i) SPFFs. 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 promotional program benefits to attract
and retain priority groups. The SPFFs serve such a purpose and shall be administered in accordance
with this Section.
(ii) SMF. hi order to enhance sports tourism throughout Fort Worth, the Bureau will utilize
the SMF to, at a minimum, expand its sports marketing efforts to: (1) attract new investment from
corporations; (2) further sports marketing promotional efforts and expand the vision of marketing
Fort Worth nationally; (3) create an increased focus on community events and a vision for venue
support and expansion; and (4) build a larger community -wide focus on sports marketing,
specifically in the areas of education, stakeholder engagement, and expanded collaborations with
private institutions. The SMF will serve such a purpose and will be administered in accordance
with this Section and the terms of the Agreement.
(iii) FMF. In order to increase awareness of the City of Fort Worth, the Bureau will utilize
the FMF to, at a minimum, expand its motion picture, film, and television marketing efforts,
especially as it relates to location filming and production in the City, to: (1) attract companies in
the motion picture, film, and television industry to film and produce in the City of Fort Worth with
the goal of increasing national awareness of the City of Fort Worth; (2) further motion picture, film,
and television promotional efforts to expand the vision of marketing Fort Worth nationally; and (3)
build a larger community -wide focus on motion picture, film, and television marketing, specifically
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 15 of 55
in the areas of education, stakeholder engagement, and expanded collaborations with film and
production companies.
6.02 Accounting
(i) The Specialized Marketing Funds will each 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 Specialized Marketing Funds 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 will 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 support, among other types of
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 16 of 55
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.
(iii) SMF and FMF
(a) The Bureau will have sole authority over all expenditures from the SMF and FMF
made in compliance with the limitations prescribed by this Agreement.
(iv) Mollv the Trolley
(a) City and Bureau acknowledge public transportation is a coveted amenity that many
convention planners and other visitors consider when choosing a destination. Molly the
Trolley, which is operated by Trinity Metro, is a free, publicly- available, vintage -looking
trolley that travels from the Fort Worth Convention Center to Sundance Square. Molly the
Trolley stops near downtown hotels, landmarks, restaurants, shops, entertainment venues,
and the Intermodal Transportation Center and is a crucial part of the downtown visitor
experience. City desires to participate in funding operations of Molly the Trolley.
(b) City agrees to pay Bureau Z" to partially fund the continued operation of Molly
the Trolley ("Molly Funds").
(c) All Molly Funds will be used solely for the purpose of funding the continued
operation of Molly the Trolley at no cost to the users and for no other purpose.
(v) Events Trust Fund Application Account.
(a) The City will loan Bureau $3,000,000.00 for the creation of an account to be used
to fund Bureau ETF applications. The loaned funds can be used exclusively for ETF
applications.
(b) ETF reimbursements from the State, if any, will be re -deposited in the Events Trust
Fund Application Account to maintain the $3,000,000.00 balance.
(c) The loan for ETF Applications is repayable, at the City's option, upon the
termination of this Agreement.
(d) Funds in the Events Trust Fund Application Account will be, at all times,
considered City funds. Any funds in the specially designated account will remain in that
designated account and will be expended and disposed of in accordance with the terms of
this Agreement. Bureau will keep complete and accurate records of all funds retained in,
and expenditures from, the account. All deposits in the account will be secured by eligible
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 17 of 55
securities to the extent and in the manner required by applicable law, including but not
limited to, Texas Government Code Chapter 2257. Bureau will ensure that the account is
a joint account to which City is an account holder.
7.
10C17.71 WAVID7.711. 1 @ ' 01 IIT.W O I
7.01 Generallv. 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 historically accurate as
is reasonably possible. To that end, to the extent the Bureau obtains private sponsorships,
donations, or both for the use and benefit of the Herd program, the Bureau shall limit sponsor and
donor attribution and advertising in a manner that safeguards the historic verisimilitude and overall
integrity and public goodwill of this valuable City asset.
(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 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 management and administrative services
associated with operation of the Herd program and shall assume responsibility for ensuring the
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 18 of 55
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 appearances and performances do not place an undue burden on, or endanger
the health or well-being, of the animals, drovers, or other Herd staff.
(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 payments to the Bureau
associated with the Herd, the City shall deduct the amount of the actual charges imposed by ESD
with respect to the City -owned vehicles. The parties anticipate that City -owned vehicles will be
decommissioned and returned to the City for disposal and replaced with vehicles that will be
dedicated to the Herd program, but not be directly titled to the City. Vehicles not titled to the City
will not be maintained by ESD; therefore, the parties anticipate that the ESD charges will be phased
out over time.
(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 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 the City's assistance in procuring replacement items in accordance with the terms
of this Agreement.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 19 of 55
(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
(d/b/a Friends of the 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,
and materials that were previously donated for the benefit of the Herd in the event the non-profit(s)
ceases to exist or ceases to serve as a support group for the Herd.
(viii) To the extent the Bureau receives anything of value as a result of its administration,
management, or operation of the Herd program (including, but not limited to, appearance fees and
monetary and in -kind donations), the Bureau shall maintain each such thing of value solely and
exclusively for the use and benefit of the Herd program, which use or benefit shall include the
reasonable costs related to the management, administration, and operation of the Herd program.
Any monies so maintained may not be commingled with any hotel occupancy tax revenues
allocated by the City.
(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 Agreement;
(ii) using appearance fees or other income generated from the operation of the Herd program; (iii)
using funds donated for the benefit of the Herd, including funds donated by means of a support
organization; and (iv) as an in -kind donation to the Herd program, including in -kind donations
made by means of a support organization.
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.
(ii) In addition to appropriating hotel occupancy tax revenues pursuant 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
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 20 of 55
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.
PUBLIC RELATIONS
8.01 Generallv. In collaboration with the City's Economic Development Office, on an annual basis,
Bureau may engage a public relations firm to grow national recognition for economic development progress
and business opportunities through increased exposure for the City. The agreement with the public relations
firm must include a scope of work that includes, but is not limited to:
(i) media relations (releases, pitching, placements, and clips);
(ii) thought leadership (media, panels, podcasts, program for Mayor, conferences);
(iii) influencer work;
(iv) creative ideation;
(v)
awards/lists;
(vi)
trend reports;
(vii)
amplification;
(viii)
crisis work;
(ix) quarterly reports; and
(x) one video meeting per month with the economic development coordinating group.
8.02 Funding. On an annual basis, the City and Bureau will negotiate the cost of the
aforementioned services. The agreed upon amount must be in writing and signed by the parties. The City
agrees to pay Bureau $120,000.00 annually (subject to annual adjustment) on a reimbursement basis for
actual costs incurred for the public relations obligations provided herein.
(i) At the beginning of every month, Bureau must provide the City with a sign, readable,
invoice summarizing: (1) the services provided by the public relations firm; (2) actual expenses
incurred by the Bureau; (3) purchase order number; and (4) a request for payment.
(ii) In submitting invoices, the Bureau must provide copies of receipts for all expenses. If the
City requires additional reasonable information, the City will request the same promptly after
receiving the above information, and Bureau will provide such additional reasonable information
to the extent that the same is available. Summaries must be submitted to the City of Fort Worth
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 21 of 55
Public Events Director and Economic Development Director via email at:
subblierinvoicesa,fortworthtexas. aov.
(iii) The City will issue payment in accordance with the Texas Prompt Payment Act. Bureau
will not engage the public relations firm for any additional services, or perform additional services
itself, on behalf of the City unless the City requests and approves in writing the additional costs for
such services. City will not be liable for any additional expenses of Bureau not specified by this
Agreement unless City first approves such expenses in writing.
(iv) Funding for the public relations obligation are in addition to and fall outside of the funding
model described for all other services described by this Agreement and do not affect the general
funding percentage allocation or the associated "true up" process set forth elsewhere in this
Agreement.
9.
IMPLEMENTATION OF THE MARKETING PLAN
9.01 Generallv. Bureau shall take all reasonably necessary steps to ensure successful implementation
of the Marketing Plan in accordance with the specific obligations outlined in this Agreement during the
Fiscal Year then in effect.
9.02 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.
9.03 Bookine 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 identify any tentative open dates
for future business.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 22 of 55
(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 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 the 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.
9.04 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.
9.05 Performance Measurements. The following criteria shall be used for measurement purposes in
order to determine the success of the adopted Marketing Plan:
(i) Total Combined Sales:
a. Total Number of Events Booked
b. Definite Room Nights Contracted
c. Total Room Night Leads
(ii) Convention Meeting Sales
a. Total # Events Booked
b. Definite Room Nights Contracted
c. Total Room Night Leads
(iii) Sports
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 23 of 55
a. Total # Events Booked
b. Definite Room Nights Contracted
c. Estimated Room Nights
(iv) Marketing / Public Relations
a. Website Unique Visitors
b. Social Media Engagement
c. Email Engagement %
d. Placed Stories
e. Customer Awareness %
(v) Meeting Services
a. Customer Experience / Net Promoter Score
(vi) 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
(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.
9.06 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.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 24 of 55
10.
POST -IMPLEMENTATION OF MARKETING PLAN
Records, Accounting, Reports, and Other Requests
10.01. 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 available for inspection and review to the City or other persons.
10.02 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 reports and analysis required by this
Agreement.
10.03 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.
10.04 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.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 25 of 55
10.05 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, or the Director of Public
Events, prior to submission to the City Council.
10.06. 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.
11.
BOARD OF DIRECTORS
11.01. 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.
12.
CITY LOGO, TRADE AND SERVICE MARKS
12.01 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.
12.02 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 authorized uses and approved colors and graphics. In addition, the
Bureau may use or license for use the Herd Logo on merchandise, provided, however, that such
merchandise be of a quality and character that does not diminish the value of the trademark or compromise
the integrity of the Herd program and that such use is consistent with the City's registration document as
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 26 of 55
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.
12.03 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.or2, www.fwherd.com, and www.fwherd.or2, 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.
12.04 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.
13.
AUDIT
13.01. 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 the Term
of this Agreement and for three (3) years thereafter in order to determine compliance with this 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 reasonable 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.
13.02 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 audited annual financial
statements consisting of a balance sheet, an income statement, a statement of cash flows, and notes to the
financial statements no later than 120 days after the end of each Fiscal Year. The Engagement Letter from
the independent firm of certified 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
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 27 of 55
financial statements. The notes to the audited annual financial statements 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.
14.
INSURANCE
14.01. 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.
15.
TERMINATION
15.01. Either party may terminate this Agreement without cause upon ninety (90) days written notice to
the other party.
15.02. 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.
15.03. In the event of termination or expiration of this Agreement, the 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. However, 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.
15.04. 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 (60) days following termination, turn over to the City
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 28 of 55
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.
15.05. 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.
16.
INDEPENDENT CONTRACTOR
16.01. 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 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 partnership or joint enterprise between the City and
the Bureau.
16.02. 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 City nor in any way
purport to bind the City with respect to any contract or other obligation.
17.
INDEMNITY
17.01 THE BUREAU AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, AND HOLD
THE CITY, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, AND EMPLOYEES,
HARMLESS FROMAND AGAINST ANYAND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND
EXPENSES OFANYKIND OR CHARACTER, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTYDAMAGE 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
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 29 of 55
B UREA US BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii)
ANYNEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCOND UCT OF THE B UREA U, 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
COMPARA TIVEL Y IN A CCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
18.
REVIEW OF COUNSEL
18.01 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 drafting party shall not be employed in the interpretation of this Agreement or exhibits
hereto.
19.
VENUE AND JURISDICTION
19.01. 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.
20.
BUREAU ARTICLES OF INCORPORATION AND BYLAWS
20.01. The City shall have the right to approve any proposed changes to the Bureau's Articles of
Incorporation or Bylaws.
21.
NOTICES
21.01. 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 writing. 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 addressed with postage
prepaid:
CITY: FORT WORTH CONVENTION AND
VISITORS BUREAU:
William Johnson, Assistant City Manager Robert Jameson
City of Fort Worth 1201 Throckmorton Street
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 30 of 55
200 Texas Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
With copy to:
City Attorney
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Facsimile Number: 817-871-8359
Fort Worth, Texas 76102
Facsimile Number: 817-336-3282
Michael E Crum
Director, Public Events Department
City of Fort Worth
1201 Houston Street
Fort Worth, Texas 76102
22.
CONTRACT ADMINISTRATION
22.01. 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 manager, unless otherwise specified herein.
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.
23.
SUCCESSORS AND ASSIGNS
23.01. 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.
24.
SEVERABILITY
24.01. In case anyone 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.
25.
COMPLIANCE WITH LAWS, ORDINANCES, RULES, AND REGULATIONS
25.01. 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.
26.
GOVERNMENTAL POWERS
26.01. It is understood that by execution of this Agreement, the City does not waive or surrender any of
its governmental powers.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 31 of 55
27.
CAPTIONS.
27.01. Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
28.
AMENDMENT
28.01. 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.
29.
FISCAL FUNDING OUT
29.01. If, for any reason, at anytime 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.
30.
EXECUTION
30.01. This Contract maybe executed in multiple counterparts, each of which will be deemed an original,
but which together will constitute one instrument.
31.
SIGNATURE AUTHORITY
31.01 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.
32.
ENTIRE AGREEMENT
32.01 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 no other representations, understandings, or agreements between the parties relative to such
subject matter.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 32 of 55
IN WITNESS W REOF, 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
92023.
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
By:
By:
William Jo 30, 202313:08 CDT)
Name:
William Johnson
Title:
Assistant City Manager
Date:
Fort Worth Convention and Visitors
Bureau:
By:
Name: Robert L. Jameson
Title: President and CEO
Date:
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By:
Name: Michael E. Crum
Title: Director of Public Events
Approved as to Form and Legality
By:
Name: Taylor C. Paris
Title: Assistant City Attorney
Contract Authorization:
M&C 23-0330
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.
By:
Name: Andrea Wright
Title: Assistant Public Facilities/Events Director
City Secretary:
By:
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 33 of 55
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 34 of 55
A.1
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: HUMANE TREATMENT OF
LIVESTOCK USED IN THE FORT page I of 1
WORTH HERD PROGRAM
EFFECTIVE DATE: February 1, 1999 Approved by Director
I. Purpose
To establish a policy to govern the management and utilization of livestock (horses and cattle) acquired for use in
the Fort Worth Herd Program
II Objectives
A A paramount goal of the Program is the safe and humane treatment of all livestock
B. To establish policy and criteria for persons authorized to care for and manage livestock
III. Poliev 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 ammals
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 35 of 55
Approved by the Parks and Communio, Services Advisory Board on April 18, 2000
Approved by City Council M&C G-12910, on May 9, 2000
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 36 of 55
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
I. Purpose:
To establish a policy to govern the management and utilization of horses acquired for use in the Fort
Worth Herd Program (the Program).
IL 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.
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. Policv 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 ride or sit
on a Program horse, Program staff will provided referrals to licensed horse riding rental
operations. It shall be understood that the City does not endorse any of the referrals and is not
liable for any actions, which may occur as the result of this referral. In these instances, the
proposed rider shall be required to participate in a one (1) hour training and assessment session
prior to the event. The final determination on whether the proposed rider may ride, in the
event, will be the sole responsibility of the Program Trail Boss.
D) In the event an individual is approved to ride in an event, a waiver of 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 37 of 55
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: HORSE MANAGEMENT AND USE
POLICY page 2 of 2
EFFECTIVE DATE: Approved by Director
F) As part of Section III13, no elected officials, family members, business associates, friends or
acquaintances shall be allowed to ride or sit on any Program horse at any time. Those wishing
to ride a horse must do so in accordance with Section III. C.
G) The Program staff shall not be required to use or provide for the use of their own personal
horses to accommodate riders.
H) Program horses are the property of the City of Fort Worth and as such are subject to all policies
and procedures governing city -owned property.
I) Exceptions to this policy shall not occur.
Revised November 29, 1999
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 38 of 55
A.3
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: SPECIAL APPEARANCE FEES FOR
THE FORT WORTH HERD page 1 of 3
EFFECTIVE DATE: May 10, 2000 Approved by Director
I. Purpose
To establish a policy and fees for special appearances by employees and livestock associated with the Fort Worth
Herd Program.
II. Objectives
A The Fort Worth Herd program serves as a symbol of Fort Worth's proud heritage and history in the cattle
industry and its impact on the growth and development of the City. In addition to conducting daily cattle
drives in the historic Stockyards District, the Parks and Community Services Department has established a
structure for conducting special appearances of the Fort Worth Herd to further promote this legacy.
B. To establish a fee structure for special events that will generate revenue for the educational, promotional
and/or other components of the program.
C. To ensure that special appearances are conducted in a way as to not interfere with the primary program of
daily drives.
III. Policv Mandates
A Special events and appearances require prior approval by the Department Head Requests for special
events and appearances must be received sixty (60) days prior to the event.
B Request for appearances must be in writing and should contain the following information
1) Date, time and location of event.
2) Number of staff and livestock requested
3) A brief description and purpose of the event
4) Contact person and phone number
C. If the event or appearance requires livestock and/or equipment, the City of Fort Worth requires a certificate
of insurance for commercial general liability, which provides bodily injury, and property damage coverage
at limits not less than $1,000,000 combined single limit per occurrence The City of Fort Worth and the
official support group shall be named as additional insured on the certificate, listing the date(s) and location
of the event.
D The Fort Worth Herd office must receive the insurance certificate at least three (3) business days prior to
the event
E. Requests for appearances or special events will be booked on a first come, first serve basis. The Public
Education Specialist for the Fort Worth Herd will be responsible for maintaining appearance and event
schedules
IV. Fee Structure
A 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 39 of 55
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: SPECIAL APPEARANCE FEES FOR
FORT WORTH HERD page 2 of 3
EFFECTIVE DATE: May 10, 2000 Approved by Director
B. Fees are structured to allow for full cost recovery of direct costs plus an amount that supports the
educational, promotional and/or other components of the program They areas follows:
Staff (normal working hours)
Staff (after hours)
Livestock
Delivery and Set-up
Administration
Appearance fee (non-profit)
Appearance fee (for -profit)
$20/person/hour
$30/person/hour
$20/ammal
$100
28 25% of total direct costs
$250
$500
C. Any event or appearance requesting livestock will require that two paid staff accompany the livestock for
handling purposes. All events and appearances will be booked in one hour increments with a two hour
minimum. Travel time to and from the event will be included in the fee The delivery and set-up charge
applies to events and appearances within a thirty (30) mile radius of the Fort Worth Stockyards For events
outside the thirty (30) mile radius an additional charge of $2.00 per each additional mile will be added.
Travel is limited to Tarrant and the adjoining counties unless approved by the Director of the Parks and
Community Services Department
D Non-profit rates apply to those organizations registered with the Internal Revenue Service as a 501-C3
E. All fees will be collected by the "Outriders", the official support group for the Fort Worth Herd. The
"Outriders" will reimburse the City for all direct costs including administration. The remaining funds will
be used to support the educational, promotional and/or other components of the program The Director of
the Parks and Community Services Department must approve expenditure of the remaining funds.
F Salaried personnel are available at no cost for presentations to civic and business groups outlining details of
the program
V Cancellations
A. When the requestor chooses to cancel an appearance or event, a letter detailing the reason for the
cancellation must be submitted to the Fort Worth Herd Office as soon as the decision is made
B. If the event is cancelled due to inclement weather or for personal reasons, i.e., death or illness, the event
holder has thirty (30) days to request a refund. This request may be submitted to the Fort Worth Herd
Office in writing or by phone call.
C. Cancellation refunds are as follows:
Ten business days or more prior to the event Refund 75% of fee
Less than ten business days Refund 50% of fee
Cancelled due to inclement weather Reschedule or refund 75% of fee
Event holder shall comply with all Federal, State and local laws, regulations and ordinances. In the event any law
regulation or ordinance becomes effective after the approval of the Parks and Community Services Department
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 40 of 55
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: SPECIAL APPEARANCE FEES FOR
FORT WORTH HERD page 3 of 3
EFFECTIVE DATE: May 10, 2000 Approved by Director
(PACSD) Policy; the Event Holder is required to comply with the new policy Any mandates requiring the City to
comply with the new guidelines will also require the PACSD to comply
The Director of the PACSD reserves the right to deny appearances by the Fort Worth Herd to any requesting entity
at his/her sole discretion. The only exception to this policy include events for the Southwestern Exposition and
Livestock Show and qualified events sponsored by the Fort Worth Convention and Visitors Bureau and the Historic
Fort Worth Stockyards.
Approved by the Parks and Community Services Advisory Board on April 18, 2000
Approved by City Council, M&C G-12910, on May 9, 2000
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 41 of 55
A.4
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: PHOTOGRAPHY SESSIONS FOR
THE FORT WORTH HERD page 1 of 1
EFFECTIVE DATE: May 10, 2000 Approved by Director
Purpose
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
C. To ensure that photography sessions are conducted in a way as to not interfere with the primary program of
daily drives.
III. Poliev Mandates
A As a matter of course, no fees or use restrictions for photographs of the Fort Worth Herd livestock and/or staff
will be assessed for photography that does not interfere with the operations and schedule of the daily cattle
drives.
B Photography sessions that require the dedicated presence of staff and livestock off site shall be subject to the
Fort Worth Herd Special Appearance policy and its fees.
C. Photography sessions that require the dedicated presence of staff but are held on site in the Stockyards during
normal working hours are subject only to an appearance fee of $500 for profit and $250 for non-profit.
D Photography sessions that require the dedicated presence of staff and livestock shall take place primarily
between the hours of 8 am to 10 am or 1 pm to 3 pm seven days a week. Photography sessions held before 8
am or after 5 pm are permitted in accordance with the Special Appearance Policy and its fees.
E. Photographs must be used in such a way that they portray the city of Fort Worth and Fort Worth Herd livestock
and staff in a positive manner Individuals and organizations will be required to sign a written agreement that
states that they will not imply any type of endorsement by the Fort Worth Herd or the City of Fort Worth.
F The Director of the PACSD reserves the right to deny photography sessions with the Fort Worth Herd to any
requesting entity at his/her sole discretion. The only exception to this policy is qualified photography sessions
sponsored by the Historic Fort Worth Stockyards, the Southwestern Exposition and Livestock Show and the
Fort Worth Convention and Visitors Bureau
G. The Special Appearance Policy is attached hereto and incorporated herein.
Approved by the Parks and Community Services Advisory Board on April 18, 2000
Approved by City Council M&C G-12910, on May 9, 2000
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 42 of 55
A.5
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
I. Purpose:
To establish a policy to govern the management and utilization of horses acquired for use in the Fort
Worth Herd Program (the Program).
IL 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.
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. Policv 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 ride or sit
on a Program horse, Program staff will provided referrals to licensed horse riding rental
operations. It shall be understood that the City does not endorse any of the referrals and is not
liable for any actions, which may occur as the result of this referral. In these instances, the
proposed rider shall be required to participate in a one (1) hour training and assessment session
prior to the event. The final determination on whether the proposed rider may ride, in the
event, will be the sole responsibility of the Program Trail Boss.
D) In the event an individual is approved to ride in an event, a waiver of 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 43 of 55
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: HORSE MANAGEMENT AND USE
POLICY page 2 of 2
EFFECTIVE DATE: Approved by Director
F) As part of Section III13, no elected officials, family members, business associates, friends or
acquaintances shall be allowed to ride or sit on any Program horse at any time. Those wishing
to ride a horse must do so in accordance with Section III. C.
G) The Program staff shall not be required to use or provide for the use of their own personal
horses to accommodate riders.
H) Program horses are the property of the City of Fort Worth and as such are subject to all policies
and procedures governing city -owned property.
I) Exceptions to this policy shall not occur.
Revised November 29, 1999
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 44 of 55
A.6
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: DAILY DRIVE DELAYS AND
CANCELLATIONS page I of 2
EFFECTIVE DATE: January 1, 2001 Approved by Director
Purpose
It is the intent of the Fort Worth Herd to conduct cattle drives in the Historic Fort Worth
Stockyards each day at 11:30 a.m. and 4:00 p.m. On occasion, inclement weather factors could
jeopardize the safety of the viewing public, staff, and livestock. This policy outlines conditions
for which the daily drive could be delayed or even cancelled.
Conditions to Consider
1. Freezing rain, sleet or snow rendering the street surface icy.
2. Thunderstorms with lightning, heavy rains and/or hail.
3. Tornado warnings issued for Tarrant County.
4. Extremely low temperatures and wind chill factors where prolonged exposure is not advised.
Procedures
1. The Trail Boss or Top Hand in charge will monitor forecasts from the National Weather
Service to determine if impending weather conditions could cause the drive to be delayed or
cancelled.
2. If possible, the decision to delay or cancel the drive should be made by 9:00 a.m. however,
the Trail Boss or Top Hand in charge has authority to delay or cancel the drive at anytime.
3. When the decision is made to delay or cancel the drive, the proper signage should be
displayed informing the viewing public. The Trail Boss or Top Hand in charge shall contact
the following by phone:
• Immediate Supervisor
• Stockyards Station
• Stockyards Visitors Center
• Fort Worth Convention and Visitors Bureau
• Fort Worth Police Department Mounted Patrol
4. Options in lieu of the daily drive include moving the cattle to Cowtown Coliseum for display
and interaction with the viewing public. This option requires prior approval from Cowtown
Coliseum management.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 45 of 55
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: DAILY DRIVE DELAYS AND
CANCELLATIONS page 2 of 2
EFFECTIVE DATE: January 1, 2001 Approved by Director
5. The above conditions could also affect street interaction. The Trail Boss or Top Hand in
charge shall determine when it is appropriate to limit interaction on the street.
6. The decision to delay or cancel the drive rests with the Trail Boss or Top Hand in charge
inclusive or exclusive of any conditions set forth above.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 46 of 55
Exhibit B
City -owned Equipment for the Herd
w
0
00
WORKPLACE INVENTORY CONTROL, YEAR 2013
THE FORT WORTH HERD SITE; HERD PROGRAM
131A East Exchange St, 76154
Please make any changes - additions, deletions, or corrections Please provide as much information as possible
Kristin Jaworski, Trail Bass 817-336-4373
Contact Person & Phone Number
Brenda TayloriKristin Jaworski
Prepared By
5012013
Date
ASSETIPRODUCT
MANUFACTURER
MODELITYPE
SUPPLIER
#IN
YRVALUE Updates
BRAND NAME
STOCK
Per gem 5122I2013
Equipment
Jahn Deere Tractor EQ #611-0015 VINLV52105123612
Jahn Deere
5210
Citv of Ft. Worth
1
YR 1999 - $40,060 In Service
One Tan Truck EQ#203-0242 Lic#759173 VIN1 FTSW30FXXEC88992
Ford
F350
City of Ft. Worth
1
YR 1999 - $25,000 In Service
One Ton Truck EQ# 206-011 Lic#1080517 VINIGCHC73619F160157
Chevrolet
3500
City of Ft. Worth
1
2009 - $32,1000 In Service
20' Trailer - VIN 14CHC22EXXA037435 Lic#991-380 E0#530-0002
S&H
Stock Trailer
City of Ft. Worth
YR 1999 - $11,000 In Service
24' Trailer - VIN 49TSG2423X1042389 Lic#989-744 E09530-0006
CM
Stock Trailer
City of Ft. Worth
YR 1999 - $15,000 In Service
Tiller EQ4316004
John Deere
City of Ft. Worth
1
YR 1999 - $2,000 In Service
Kawasaki Mule 4x4 VIN JKIAFCM1593501690
Kawasaki
Mule
Outriders
1
2009-$11,000 In Service
Barn B Misc.
10' Panels(brown)
Bahian
44121107
7
$1.DC0 CO In Service
Tractor box blade - no plows
Gannon
6110018
1
$1.DC0.00 In Service
Office Equipment
File Cabinet
2
$250.00 In Service
Desks
2
$15250.00 In Service
Desk Chairs
6
$200.00 In Service
Mini Frig
1
$250,00 In Service
ASSETIPRODUCT
Tool Room Inventory
Front Tine Tiller
18v cordless saw
Elite 3400 Presser Washer
Stalls
48' Floor Fan w wheels
ASSETIPRODUCT
Tack Room
Western Saddle
Serial# RJ44415; RJ43912, RJ44211; RJ4443 l TW33913: RJ44114
Vaquero Saddle
Breast Collar
Security Camera & Video TV
Chaps
Chaps
Chaps
Chaps
Chaps
Chaps
Radio
Weather alert Radio
Time clack
Break Room & Personal Items
Furniture
Electric Brand Rod
Longhorn Loadinq Chute
Bleachers (4)
MANUFACTURER
# IN
YRIVALUE
Updates
MODELITYPE
SUPPLIER
BRAND NAME
STOCK
Per Item
5IM2013
0711151 A0022
Troy Built
5hp
1
5700 00
In service
Rycby
1
S200.00
In service
Briggs & Stratton
1
S500.00
In service
Big Country
BCB48BCF
S500.00
In service
MANUFACTURER
# IN
MODELITYPE
SUPPLIER
BRAND NAME
STOCK
Ryon's
Ryon's
8
S3.000.00
In service
Hartkopf
Drover's Supply
1
53.000.00
In service
leather
3
5100.00
In service
1
S500.00
In service
long tan
1
S251100
In service
brown short
1
S250.00
In service
brown short
1
S250.00
In service
brown long
1
5250.00
In service
tan short
1
5250.00
In service
dark brown
1
S250.00
In service
Kemvood
6
S125.00
In service
Radio Shack
7 Channel
1
5100.00
In service
Traded in
Acroprint
ATR 120
1
S300.00
on new one
1
5300.00
In service
S200.00
In service
S3.000.00
In service
5500.00
In service
ASSETfPRODUCT
Vue Round Ba a eeder (1)
MANUFACTURER MODEUTYPE SUPPLIER tf IN YRNALUE I Updates
BRAND NAME STOCK Per Item 51M2013
P�,500,00 in service
ASSETIPRODUCT
I'AANUFACTIKER
MODELITYPEI SUPPLIER
#FIN j
BRAND NAME
STOCK 1
I
I
I
2 Fender Speake s
Fen*
G087545
� $500,00 In service
PA SYSTEM
Fender
G087545
1
$1,250.00 IInservice
Insignia &� ppote
8,107A0524261
1
00.00 In service
Receiver Mx
Sennheiser
90853
�liii IIn service
Bodv Pack
I Sennheiser
1 151241
1
1
1 $500.00
Ill
sernce
Speakers 2 SM827-B Atlas Sound ' 208G08779 $500.00
All steers were transferred to
LIVESTOCK CVB from ZOC in 2010 via
contract and should be
removed from this list
HORSE NAME
DOB COLOR
Purchase Price
DateAquired
Chisholm 1
2001 Sorrel
-2500.00
CFW
M13109 in service
Gotch 1
Black
-3000.00
CFW
12107/98 in service
Little Texas
Bay
-3850.00
CFW
06I02100 in service
Whiskey Peet 5
1997 Dark Bay
-2500.00
CFW
05/13109 in service
Cherokee 1
Sorrel
-2100.00
CFW
9/27/2009 in service
Current Equipment - 6/29/2023
L3.04]+206(l 2D50111 2009 Chevrolet Sihrerado Vehicle TRUCK 1GCHC73619F160157 201D1 240099 Cult/Tour Cap Assets CFWTEMPLOC 1 33,375AD GEQPT Purchased 511109 EGD41001 5D In Service 33,375AD -
IE53011i 53000D6 HORSE TRAILER, GOOSENECK Equipment MISCEQPT 49TSG2423X1042389 20101 24OD99 Cult/Tour Cap Assets CFWTEMPLOC 1 6,560.00 GEQPT Purchased 71110D GGD41001 120 In Service 6,560.00IE5300002DO 5300002 TRAILERGOOSENECK-20' Equipment MI9CEQPT 140HC22EXXAG37435 20101 240099 Cult/Tour Cap Assets CFWTEMPLOC 1 5,169.00 GEQPT Purchased 11J1198 GG040241001 120 In Service 5,169.00IE6110018D0 6110018 TRACTOR LOADER,WIBACKHOE Equipment TRACTOR LV52105123612 201D1 240099 CultJTour Cap Assets CFWTEMPLOC 1 19,524AD GEQPT Purchased 11J1/98 EGD41001 5D In Service 19,524AD-
A.7
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: MANAGEMENT OF
ACCOMPANYING RIDER& WITU Page I o[2
CATTLE DRIVES
EFFECTIVE DATE: February 1, 1999 Approved by Director
Puroase
To establish a policy to govern the management of accompanying riders in conjunction with cattle drives of the Fort
Worth Herd program.
H. 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.
To establish policy and criteria for persons authorized to accompany any cattle drive.
III. Policy Mandates
A. Only employees of the City of Fort. Worth directly or indirectly assigned to the Program shall be allowed to
interface with the cattle on any cattle drive.
B. No employees, citizens, docent or volunteer shall be allowed to interface with the cattle on a cattle drive without
the expressed written authorization of the Parks and Community Services Department Director,
C. From time to time, special events or programs may call for trailing of cattle by an employee of the City of Fort
Worth, not directly related to the Program and/or an elected or appointed official or official guest or dignitary of
the City. In these instances, the proposed rider shall be required to participate in a one (1) hour training and
assessment session prior to the event. The final determination on whether the rider may interface with the cattle,
in the event, will be the sole responsibility of the Program Trail Boss.
D. In the event an individual is approved to ride and interface with cattle in an event, a waiver of liability to the
City of Fort Worth and the Program shall be required at least three (3) days prior to the event. Furthermore, the
approved rider must provide their own mount and tack.
E. In no event shall riding and interfacing with/or in the cattle drive on an on going basis for anyone not directly
employed as part of the Program be allowed.
F. Fees for riding in the program may be assessed at the discretion of the Parks and Community Services Director.
Such fees shall address any direct cost and a fair return for the privilege to ride.
G. Exception to this policy shall not occur.
.approved by the Parks and Community Services Advisory Board on .4pril 18, 2000
Approved by City Council, M&C G-12910, on Mav 9. 2000
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 47 of 55
Exhibit C
Trademark for Herd Logo
■ 0
jpittb �katCO Of 4ra
Zfittiteb *tatcl Vatent aub Trabentarb i
NO/"
FORT WORTH HERD
Reg. No. 3,992,820 CITY OF FORT WORTH (TEXAS HOME RULE MUNICIPAL CORPORATION)
Registered July 12, 2011 FO FORT WORTH. TX 76102 STREET
Int. Ch:25 FOR! CLOTHING ITEMS, NAMELY. TSHIRTS.SWEATSHIRTS. CAPS, SHORTS, SCARVES,
TIES AND JACKETS, IN CLASS 25 (US. CLS, 22 AND 39).
TRADEMARK FIRST USE 64)-1999; IN COMMERCE 6-0-1"9.
PRINCIPAL REGISTER OWNER OF U.S. REG, NOS. 2.404.808 AND 2A37,519.
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 LETTER 'T",
ABOVE THE STYLIZED WORDING "FORT WORTH HERE
SER. NO. R5-165.957. FILED 11-1-2010.
DAWN HAN, EXAMINING ATTORNEY
ilneeiv "1 �M � �n¢N 1+r�a PaErnc »iE iraJnavif �ilEicc
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 51 of 55
Word Mark
Goods and
Services
Mark Drawing
Code
Design Search
Code
Serial Number
Filing Date
Current Basis
Original Filing
Basis
Published for
Opposition
Registration
Number
Registration Date
Owner
Disclaimer
Description of
Mark
Type of Mark
Register
Affidavit Text
Renewal
GAT WO BTU HUB
FORT WORTH HERD
IC 035. US 100 101 102. G & S: Promoting the economic development in Fort Worth of
tourism, culture, and crafts. FIRST USE: 19990600. FIRST USE IN COMMERCE:
19990600
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
03.13.03 - Horns (of animal) along (not part of heads), antlers
75637100
February 10, 1999
1A
1B
December 7, 1999
2404808
November 14, 2000
(REGISTRANT) City of Fort Worth, The HOME -RULE MUNICIPAL CORPORATION
TEXAS 1000 Throckmorton Street Fort Worth TEXAS 76102
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "FORT WORTH" APART
FROM THE MARK AS SHOWN
The design consists of a fanciful representation of a cattle brand comprising the letter "W"
in combination with a backwards 7".
SERVICE MARK
PRINCIPAL
SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20101014.
1ST RENEWAL 20101014
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 52 of 55
Exhibit D
Insurance
1. Bureau will maintain coverage in the form of insurance or bond in the amount of $3,000,000.00 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 insurance 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. $1,000,000 each occurrence
ii. $2,000,000 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
(f) Fidelity. Bureau will maintain coverage in the form of insurance or bond in the amount of
$3,000,000.00 to insure against loss from the fraud, theft, or dishonesty of any of Bureau's officers,
agents, trustees, directors, employees, or volunteers related to the Event Trust Fund Application
Account fund. The proceeds of such insurance or bond shall be used to reimburse City for any and
all loss of funds associated with the Event Trust Fund Application Account, as described by this
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 53 of 55
Agreement, occasion by such misconduct. To effectuate such reimbursement, such fidelity
coverage must include a rider stating that reimbursement for any loss or loss will name City as a
Loss Payee. If, at any time during the term of this Agreement, the Event Trust Fund Application
Account funds exceeds $3,000,000.00 then Bureau will contact City's Risk Manager. The City's
Risk Manager will have the right to review and evaluate the insurance or bond coverage and suggest
revisions in coverage in accordance with this Agreement.
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.
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 Department 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. hi 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
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 54 of 55
against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising
out of their management duties.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 55 of 55
6/30/23, 8:53 AM
CITY COUNCIL AGENDA
M&C Review
FORTWORT11
Create New From This M&C
DATE: 4/25/2023 REFERENCE **M&C 23-
NO.: 0330
LOG NAME: 25FWCVB2023CONTRACT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of a Professional Services Agreement with the Fort Worth
Convention and Visitors Bureau d/b/a Visit Fort Worth, in the Amount of $16,650,908.00
for Fiscal Year 2023, to Market and Promote Fort Worth for a Term of Five Years with Two
One -Year Renewal Options, Reallocate Appropriations in the Fiscal Year 2023 Adopted
Budget of the Culture and Tourism Fund, and Adopt Appropriation Ordinances in the
General Fund and Culture and Tourism Fund and Amend the Fiscal Year 2023 Adopted
Budgets
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Professional Services Agreement with the Fort Worth Convention and Visitors Bureau d/b/a Visit Fort Worth to market and promot
business and leisure destination for the benefit of Fort Worth's hospitality industry and the local economy for a term of five years with two one-year renewal of
$16,650,908.00 for Fiscal Year 2023 from Culture and Tourism Funds;
2. Adopt appropriation ordinance reallocating appropriations in the Non -Departmental Department of the General Fund by decreasing the General Operating & Mi
amount of $120,000.00 and increasing the Economic Development Department Transfers and Other category by the same amount;
3. Adopt appropriation ordinance adjusting estimated receipts and appropriations in the Culture and Tourism Fund by 1) increasing Transfers from the General FL
$120,000.00, 2) increasing General Operating & Maintenance category in the amount of $3,320,000.00 and 3) decreasing the Transfers & Other category in tl
for purpose of funding the Herd Capital Expense, Motion Picture, Film and Television Marketing Fund, Event Trust Fund Application Account and National Public
4. Amend M&C 22-0984 by decreasing estimated receipts and appropriations in the Culture and Tourism Fund by reducing the use of fund balance in the amount
reducing the contribution to fund balance by the same amount for the purpose of correcting a technical error; and
5. Amend the Fiscal Year 2023 Adopted Budget.
DISCUSSION
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a new agreement with the Fort Worth Convention and Visitors Bureau d/b/a Visi
promotional and marketing services funded by Municipal Hotel Occupancy Tax (HOT) revenues, and adjust the General and Culture and Tourism Funds Fiscal Year (FY) 2
accordingly to cover new contract stipulations.
State law authorizes a city to contract with another entity to manage and supervise programs or activities funded with revenue from the HOT. In accordance with this authc
CVB have entered into a series of agreements for CVB to perform professional services for the City for HOT -funded marketing programs and activities. The current agreer
(CSC) No. 44949) will expire on September 30, 2023, however the agreement authorized by this M&C will be effective retroactive to October 1, 2022 and supersede CSC
Over the course of the last few months, staff and members of the CVB Board of Directors have been negotiating a new contract. Changes from previous agreements inclu
provisions to reflect the growing importance of social media and digital publications in the marketing process and clarification in funding provisions to more clearly delineat
the CVB funding. Key provisions of the proposed new agreement include the following:
1. General Marketing and Promotions/ Increase to FY2023 Base Funding - CVB base funding is paid in 12 monthly equal installments based on budget projections of
revenues in the fiscal year and subject to a yearly "true -up" process. At the conclusion of FY2022 HOT 7\% revenues exceeded budget expectations and a true up of $1.E
January of 2023 from available Culture and Tourism fund balance. A base funding increase of $573,467.00 for FY2023 was previously appropriated in M&C 23-0221, Mar
of the budget amendment to increase in anticipated HOT 7\% collections during the current fiscal year. By increasing monthly payments to CVB for the remainder of FY2C
amount owed in January of 2024 is minimized in advance. As such, the FY2023 base contract amount increases from $10,834,345.00 to $11,407,812.00 with the executic
Base funding is subject to annual appropriation by the City Council during the budget process. However, the calculation for base funding remains unchanged in the new c
2. National Public Relations Marketing Fund (NPRMF)- In addition to the annual base funding calculation, through the Economic Development Department, the City wil
fiscal year from Non -Departmental General Fund beginning in FY2023 for CVB to maintain funds available for the purpose of expanding its contract for national public rels
stories that support Fort Worth's economic development agenda. Any unused NPRMF will carry over to the following fiscal year for the same purpose, will supplement thi
contributed by the City during that fiscal year, and funding in subsequent years will be based on the annual CVB and City funds availability.
3. Fort Worth Herd Operations & Capital - In 2009, CVB assumed responsibility for management of the promotional and marketing program known as the Fort Worth He
agreement maintains the previously appropriated funding of $1,033,096.00 for Fiscal Year 2023. The City may increase funding annually based upon CVB's budget subn
to the support the Herd. Herd funding is separate and apart from CVB Base and Special Public Facility Fund (SPFF) funding. With execution of the new agreement, the C
$50,000.00 beginning in FY2023 for the Herd Capital Expense for the next four years of funding. Funding shall be a dollar for dollar match with the Friends of the Herd fui
4. Special Public Facilities Funds (SPFF) - CVB maintains two funds to assist in attracting, maintaining and retaining tourism and convention business in Fort Worth - tl
Center Public Facilities Fund and the Will Rogers Memorial Center Public Facilities Fund (collectively, SPFFs). The contract calls for the City to allocate up to the amount
for the Fort Worth Convention Center SPFF, up to the amount of $210,000.00 per fiscal year for the Will Rogers Memorial Center SPFF and up to the amount of $100,000
Sports SPFF. Funding for the SPFFs is subject to annual appropriation by the City Council during the budget process.
5. Sports Marketing Fund (SMF) - CVB maintains funds available for the purpose of promoting and marketing the sports tourism industry in the City. With execution of tt
annual up to amount increases from $100,000.00 to $200,000.00 and an additional appropriation for FY2023 of $100,000.00 was previously approved in M&C 22-0984, of
unused SMF will carry over to the following fiscal year for the same purpose, will supplement the total funding to be contributed by the City during that fiscal year, and func
be based on the annual CVB and City funds availability.
6. Motion Picture, Film and Television Marketing Fund (FMF) - CVB maintains funds available for the purpose of promoting and marketing the City to the motion picture
to raise national awareness of the City. With execution of the new agreement, the City will make an allocation of up to $150,000.00 in FY2023. Any unused FMF will carry
year for the same purpose. Funding in subsequent years will be based on the annual CVB and City funds availability.
7. Event Trust Fund Application Account- In FY2023, the City will loan CVB $3,000,000.00 for the creation of a revolving account to be used for CVB's Event Trust Fur
funds can be used by CVB exclusively for ETF applications. If any ETF reimbursements are received from the State, they shall be re -deposited in the revolving account. l
City's option, upon the termination of this agreement. CVB will report monthly on the account disbursements and receipts.
8. Marketing Plan - On a yearly basis, the CVB will develop and submit to the City a Marketing Plan that will include the services to be performed by CVB in the upcominc
measurable performance criteria. The Marketing Plan will be consistent with CVB's mission to market and promote Fort Worth as a premier business and leisure destinatic
Worth's hospitality industry and the community's economy. In furtherance of that mission, the primary responsibilities of CVB are to promote conventions, trade shows, me
equestrian events at the City's public facilities with the intent to maximize facility revenues, hotel occupancy tax, sales tax and use of the City's public facilities. The Market
instruments to evaluate the services provided under the contract.
9. Budget Plan - On a yearly basis, CVB will be required to submit to the City, for consideration and approval, a proposed written budget plan indicating the following: (i) tl
General (Base) Funding including the NPRMF, the SPFF, Herd operations and capital, SMF and FMF, (ii) the projected available HOT collections for the ensuing fiscal yea
in CVB reserve funds available for the NPRMF, SPFF, SMF and FMF.
apps.cfwnet.org/council_packeVmc_review.asp?ID=30957&councildate=4/25/2023 1/3
6/30/23, 8:53 AM
M&C Review
10. Board of Directors - The contract terms allow for the City Manager to serve as an ex-officio non -voting member of the CVB Executive Committee and City Manager, f
the Director of Public Events to serve as ex-officio non -voting members of the CVB Board of Directors. In addition, the contract calls for two (2) Council Members or appoii
members on the CVB's Board of Directors with at least one of these individuals also serving on the CVB Executive Committee.
11. Term -The initial term of the contract will be for five years beginning on October 1, 2022 and expiring on September 30, 2027, with the option to extend the contract fo
periods.
12. Termination - The contract will include a provision allowing either party to terminate the Agreement with a 90 day notice.
The action in this M&C will amend the Fiscal Year 2023 Adopted Budget as approved in connection with Ordinance 25773-09-2022, Section 1. General Fund, as listed on
Special Revenue Funds, as listed on page 7.
Fund / Department
FY2023 Adopted Budget
Authority
Budget Adjustment
Budget Category
General Fund
Revenues
Non -Departmental
Use of Fund Balance
M&C 23-0135
$2,124,106.00
Total Revenues
0.00
$2,124,106.00
General Fund
Expenditures
Non -Departmental
$370,000.00
Separation Pay
$8,060,037.00
Emplotee Recruitment and Retention Fund
$4,767,575.00
Fire Contingency Overtime Fund
$4,000,000.00
Contractual Services
$3,465,149.00
This M&C
($120,000.00)
M&C 23-0006
($125,000.00)
M&C 23-0059
($300,000.00)
M&C 23-0192
($405,066.00)
Tuition and Reimbursement
$172,478.00
Training Initiative
$250,000.00
Transfer to General Capital Fund (PayGo)- IT Capital
$3,617,007.00
Transfer to General Capital Fund (PayGo)- Community Partnerships
$750,000.00
Transfer to IT Refresh Capital
$1,201,099.00
Transfer to Municipal Golf (Operating Subsidy)
$320,000.00
Transfer to General Capital Fund
M&C 23-0135
$2,124,106.00
Total Expenditures
$26,973,345.00
$1,174,040.00
Fund / Department
FY2023 Adopted Budget
Authority
Budget Adjustment
Budget Category
General Fund
Revenues
Economic Development
$1,138,106.00
Total Revenues
$1,138,106.00
General Fund
Expenditures
Economic Development
$38,513,321.00
M&C 23-0095
$683,897.00
Subsidy to Culture and Tourism (380 Agreement)
$2,927,456.00
Transfer to PIDs
$326,791.00
Transfer to Economic Incentive Fund
$2,000,000.00
Transfer to Culture and Tourism Fund
This M&C
$120,000.00
Total Expenditures
$43,767,568.00
$803,897.00
Fund / Department
FY2023 Adopted Budget
Authority
Budget Adjustment
Budget Category
Culture and Tourism Fund
Revenues
Culture and Tourism
$46,366,717.00
M&C 23-0221
$2,596,047.00
Transfers from General
This M&C
$120,000.00
Use of Fund Balance
M&C 22-0984
$136,000.00
This M&C
($136,000.00)
Total Revenues
$46,366,717.00
$2,716,047.00
Expenditures
Culture and Tourism
$42,431,499.00
This M&C
$3,200,000.00
This M&C
$120,000.00
M&C 22-0984
$136,000.00
M&C 23-0221
$573,467.00
Transfer to General Fund
$943,581.00
Transfer to Capital Fund
$500,000.00
Transfer to VERF
$179,155.00
Transfer to IT Refresh Capital
$44,054.00
Transfer to Debt Fund
$798,907.00
Contribution to Fund Balance /Net Position
$1,469,521.00
This M&C
($3,200,000.00)
This M&C
($136,000.00)
M&C 23-0221
$2,022,580.00
apps.cfwnet.org/council_packet/mc_review.asp?ID=30957&councildate=4/25/2023 2/3
6/30/23, 8:53 AM
Total Expenditures
M&C Review
$46,366,717.00
$2,716,047.00
Budget is available in Contribution to Fund Balance and Other Contractual Services and funding is available from HOT revenues and transfers from the General Fund, in t
for the professional services agreement with CVB. Funding is available in the General Fund Non -Departmental for a transfer from the Economic Development Departmen
Fund for the same. Future funding in subsequent fiscal years will be based on availability and is subject to annual appropriation by the City Council during the budget proc
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Culture & Tourism and General Funds and that upon approval of the above recommendations an(
appropriation ordinance, funds will be available in the Culture & Tourism Fund to support the above recommendations and execution of the agreement. Prior to an expeni
Public Events Department has the responsibility of verifying the availability of funds. Future funding in subsequent fiscal years will be based on availability and is subject
the City Council during the budget process.
TO _
Fund Department Account Project Program Activity Budget Reference # Amount
_� _-- ID — [ __ ID (- ---- -_I-- I Year_ l___(Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID_-_ — - ID I 1 Year I (Chartfield 2) -
Submitted for City Manaaer's Office bv:
Originating Denartment Head
Additional Information Contact:
ATTACHMENTS
25FWCVB2023CONTRACT funds availabilitvpdf
FID CVB NewContract.xlsx (CFW Internal)
William Johnson (5806)
Michael Crum (2501)
Andrea Wright (2502)
(CFW Internal)
FWCVB Form 1295 Certificate 101001905.pdf (CFW Internal)
ORD.APP 25FWCVB2023CONTRACT (11.docx (Public)
ORD.APP 25FWCVB2023CONTRACT conecbon.docx (Public)
ORD.APP 25FWCVB2023CONTRACT NON D 10100 (1).docx (Public)
VFW - City greement dean draft l(3.28.23).docx (Public)
apps.cfwnet.org/council_packet/mc_review.asp?ID=30957&councildate=4/25/2023 3/3