HomeMy WebLinkAboutContract 28950 C SECREARY
C6NTRACT NO
LETTER OF AGREEMENT BETWEEN THE
CITY OF FORT WORTH AND
OUTRIDERS OF THE FORT WORTH HERD
This Agreement is entered into between the City of Fort Worth ("CITY") and the
Outriders at the Fort Worth Herd("OUTRIDERS").
WHEREAS, the CITY has approved the establishment of a program entitled the "Fort
Worth Herd", and
WHEREAS, the mission of the program is to provide an authentic interpretation of the
history of the cattle industry and its impact on the growth and prosperity of Fort Worth; and
WHEREAS, the five (5) goals of the program are:
1. To safely and humanely manage the livestock program ensuring the safety of the
public and humane treatment of the livestock.
2. To provide an educational experience that presents the history of the cattle
industry and the people who created it.
3. To support the tourism industry in the City of Fort Worth through the authentic
and interesting presentation of the program.
4. To develop and present a program that demonstrates the diversity of the people
who built the cattle industry and celebrates the richness of the diversity of our
community then and now.
5. To continually enhance the program through the leveraging of program resources
through the involvement of volunteers and interest groups and the solicitation of
in-kind and financial support; and
WHEREAS, the OUTRIDERS have agreed to serve as the coordinating support group for
the program; and
WHEREAS, the OUTRIDERS are a duly registered non-profit corporation with a 501(c)
status as recognized by the Internal Revenue Service and duly registered with the State of Texas;
NOW, THEREFORE, the CITY and the OUTRIDERS do hereby agree to the following
terms and conditions set forth in this agreement:
I. Term.
The term of this Agreement shall be for three years, commencing on the 1st day
December, 2001 and terminating on the 30th day of November 2004.
This Agreement can be extended for one additional one (1) year period subject to the
mutual written agreement of both parties,
21.1 AM
2. Responsibilities of CITY.
a) CITY Will serve as the sole manager of the Fort Worth Herd Program
("Program").
b) All decisions and actions related to the management of the Program
including, but not limited to, the deployment of resources, employment and super-vision
of staff and volunteers, program development and implementation, scheduling, historical
interpretation, etc. will rest solely with the CITY.
C) CITY will appropriate all funds necessary for the basic operation of the
Program. It is understood that funding will only be allocated on a year-to-year basis.
d) CITY will own all rights to the use of the name "Fort Worth Herd" and any
registered or recorded program brands, logos or trademarks, or variants thereof, in
connection with the Program.
3. Responsibilities of the OUTRIDERS.
a) The OUTRIDERS agree to provide monetary and in-kind support for the
Program. Said support shall be raised by the OUTRIDERS or received by the OUTRIDERS
OUTRIDERS. Only those funds or in-kind support designated specifically for the Program
shall be donated to the Program ("Program Funds").
b) The OUTRIDERS agree to dedicate 100 percent of the net proceeds raised
for the Program to the Program.
C) The OUTRIDERS agree to notify and secure the approval of the CITY prior
to initiation of any fundraising or solicitation efforts for the Program.
d) The OUTRIDERS agree that any proceeds or in-kind materials or services
donated for the Program will be targeted for use in support of the following Program
areas:
1. Education
2. Promotion
3. VolunteersDocents
4. Other related program activities which may be mutually agreed upon
between the CITY and the OUTRIDERS.
e) The OUTRIDERS agree that they will maintain accurate accounting of all
Program Funds; and no change from the intended use of the Program Funds may occur
unless approved in writing by the original donor(s).
f) The OUTRIDERS may, with advance written CITY approval, sell or market
goods in support of the Program provided that all trademark laws are appropriately
addressed so as to protect the CITY's rights to the mark, and the selling or solicitation of
goods for sale and use of proceeds therefrom shall be in accordance with the provisions
of this agreement.
4. Independent Contractor.
The OUTRIDERS shall perform their responsibilities hereunder as an independent
contractor and not as an officer, agent, representative or employee of the CITY. The OUTRIDERS
shall be solely responsible for the acts or omissions of its officers, agents, employees or other
persons under its supervision, management and control. Nothing herein shall be construed as
creating a partnership or joint enterprise between CITY and the OUTRIDERS.
5. Compliance with Laws.
In carrying out its responsibilities hereunder, both the CITY and the OUTRIDERS
shall comply with all applicable federal, state and local laws, regulations and ordinances.
6. Termination.
Either party may terminate this Agreement without cause upon thirty (30) days
written notice to the other. Provided, the in the event of termination or expiration of this
Agreement, all funds, materials and proceeds donated to or acquired by the OUTRIDERS for the
Program shall be transferred to the CITY for use in the Program as specified in Section 3 of this
Agreement.
7. Notice.
All notices given hereunder shall be sufficient if sent first class mail, postage,
prepaid, or hand delivered to the following address:
CITY:
Richard Zavala, Director
Parks and Community Services Department
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
OUTRIDERS OF THE FORT WORTH HERD:
Judge, Steve King, Chairman
131 E. Exchange, #106
Fort Worth, Texas, 76106
8. Sole Aqeeinent. This Agreement constitutes the sole and only agreement of
the parties hereto and supersedes any prior understanding or written or oral agreements
between the parties respecting the subject matter.
EXECUTED on this the `_day , _f
�_day of , 2001.
CITY OF FORT WORTH OUTRIDERS OF THE
FORT WORTH HERD
If
I
Assis 1 t
icy geru Steve kin 7, C an
irm�
'chard- ZavYa,birecior
Parks and Community Services Department
APPROVED AS TO FORM AND LEGALITY:
Assistant i Attorney
ATT,EST:
Gil ria7iearson y-Secretary
U,
f
Contract Authorization
se
Date
City of Fort Worth, Texas
imayor and Council Communication
*moo*,
DATE I HE EREN CNU"MBER� LbG NAME PAGE
12/11/01 C-1 8879 1 80HERD 1 of 2
SUBJECT TO EXECUTE AN AGREEMENT WITH THE OUTRIDERS OF THE
FORT WORTH HERD TO PROVIDE SUPPORT FOR THE FORT WORTH HERD
PROGRAM
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an agreement with the Outriders of the Fort Worth Herd to
provide support for the Fort Worth Herd Program; and
2. Authorize the agreement to begin December 1, 2001, and expire November 30, 2004, with an
option to renew for one additional one-year period by mutual consent of the City and the Outriders
of the Fort Worth Herd.
DISCUSSION:
On January 12, 1999 (M&C C-17224), the City entered into an agreement with Chisholm Trail Round-
up, Inc. (CTRU) which established them as the official support group of the Fort Worth Herd.
On January 1, 2000, this agreement expired and was not extended. As part of that agreement, CTRU
and the City agreed to "work together to establish an auxiliary group made up of livestock, historical,
business, tourism and related organizations and individuals".
As a direct result of that collaboration, the Outriders of the Fort Worth Herd (Outriders) was created,
and they are now in the position to assume the role as the official support group of the Fort Worth Herd.
They have adopted by-laws which have been incorporated by the State of Texas, and have achieved
their 501 c(3) non-profit status.
The main responsibility of the Outriders is to raise funds, explore grant opportunities, and solicit in-kind
donations for the program. The City will retain the right to manage the program including all
administration, personnel, organization, scheduling, and historical interpretation. All proceeds raised by
the Outriders will be expended on the program, subject to prior approval by the City Council.
To date, a total of $6,745.50 has been raised through donations, as well as appearances, photography
and education fees net of expenses.
The proposed agreement is for three years with an option to renew for one additional one-year period.
This project will have no increased operational impact on the program budget.
This program is located in COUNCIL DISTRICT 2.
City of Fort Worth, Texas
ly"el
AW gor el"d counci[ commu"ication
DATE REFERENCE NUMBER NAME T-PAGE
12/11/01 C-1 8E 80HERD 1 2 of 2
SUBJECT AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE OUTRIDERS OF THE
FORT WORTH HERD TO PROVIDE SUPPORT FOR THE FORT WORTH HERD
PROGRAM
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
JP:n
Submitted for City Managecs FUND ACCOUNT t CENTER AMOUNT CITY SECRETARY
Office by-
to)
Joe Panijagua 6140 I i
C)ri g mating Depart ment Tiead.
.........................
Richard Za%ala 5704 ( (firorn)
Additional Information Contact:
Harold Pitchford i728 i