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HomeMy WebLinkAboutContract 60895CSC No. 60895 HOST AGREEMENT 2026 FEI WORLD CUP This HOST AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home -rule municipality organized under the laws of the State of Texas; FORT WORTH CONVENTION AND VISITORS BUREAU, d/b/a VISIT FORT WORTH ("VFW"), a Texas non-profit corporation; and the SPLIT ROCK JUMPING TOUR, LLC ("SPLIT ROCK"), a Kentucky limited liability company (each a "Party" and collectively, the "Parties"). RECITALS The City, VFW, and Split Rock (collectively, "Parties") hereby agree that the following statements are true and correct and constitute the basis upon which the Parties have entered into this Agreement: A. Federation Equestre Internationale ("FEI") is the world governing body for the equestrian sports of jumping, dressage, para dressage, driving and para driving, endurance, and vaulting, with 136 national equestrian governing bodies as FEI members. B. FEI is charged with sanctioning and staging of equestrian competitions such as the 2026 Longines FEI Jumping World Cup and the FEI Dressage World Cup (collectively, "Event") and, therefore, has the exclusive right to grant Split Rock with permission to organize and conduct the Event. C. The Event is held annually and primarily in Europe and the United States, with such hosts cities as Gothenburg, Sweden; Paris, France; Lyon, France; Den Bosch, Netherlands; Leipzig, Germany; Geneva, Switzerland; Las Vegas, Nevada; and Omaha, Nebraska. D. The Event delivers substantial economic benefits to its host cities by way of the thousands of attendees and hotel room nights, along with media coverage through major platforms. E. VFW is a Texas non-profit corporation that is organized for the exclusive purpose of promoting the public interest in the City of Fort Worth, Texas, and its metropolitan area. F. VFW, through an agreement with the City, has been tasked with providing focused sports marketing for the City to further enhance the impact of sports tourism on the Fort Worth area by attracting new investments, expanding the vision of marketing Fort Worth nationally, creating an increased focus on community events and a vision for venue support and expansion, and building a larger community -wide focus on sports marketing. G. After conducting a highly competitive, multi -state, site -selection process pursuant to an application by the City (in collaboration with VFW) to evaluate the proper site to conduct OFFICIAL RECORD Event Trust Fund Agreement between CITY SECRETARY City of Fort Worth, Split Rock Jumping, LLC and Visit Fort Worth FT. WORTH, TX 1 of 21 the Event, Split Rock selected the City of Fort Worth for the Event, which is not held more than one time in Texas or an adjoining state in any year. H. The Event will take place from April 3-13, 2026, at Dickies Arena with secure stabling provided at Will Rogers Memorial Center, which is adjacent thereto. I. Chapter 480 of the Texas Government Code, as amended (as it may be amended from time to time) ("Act") authorizes the Economic Development & Tourism Office ("EDT") to establish the Event Trust Fund ("Fund"). Funds deposited into the Fund may be used by the City to fulfill its obligations under an event support contract, as defined in the Act, governing the Event. This Agreement is intended to serve as such event support contract. J. Pursuant to Resolution No. 3513-08-2007 adopted on August 14, 2007, the City Council of the City has authorized the City Manager to negotiate agreements that promote major sporting or athletic events benefitting the City and secured, in part, on account of the Fund and the provisions of the Act. K. The parties hereto acknowledge that the Event is also subject to a separate host agreement between the FEI and Split Rock, which governs Split Rock's right to organize and conduct the Event. NOW, THEREFORE, for and in consideration of the premises, undertakings and mutual covenants of the parties set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. RECITALS The Parties agree that the recitals set forth above in this Agreement are true and correct, and the representations, covenants and recitations set forth therein are made a part hereof for all purposes. 2. TERM This Agreement is binding on the last date of execution by the Parties and effective beginning on January 1, 2024 and will remain in full force and effect until the later of (i) December 31, 2026 or (ii) the date as of which all funds have been disbursed from the Fund in accordance with the Act and with this Agreement, unless terminated earlier pursuant to the terms of this Agreement. The Parties may agree, in writing, to extend the term. 3. USE OF NAMES AND EMARKETING PLAN a. USE OF NAMES i. Split Rock will name the City and VFW as "Host" of the Event in press releases and in the schedule of events published by Split Rock in any media. Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 2 of 21 The rights granted to City or Split Rock cannot be assigned, transferred, sublicensed or sold to any other party. ii. Subject to the terms and conditions of this Agreement, each Party grants the other party permission to use its name in materials associated with the Event provided that the party creating the materials obtains the other party's written approval prior to such use. Each Party will submit for approval all materials that use the other Party's name a minimum of ten (10) business days prior to printing, publishing or releasing the materials to the public. Approvals may be made via email. iii. The Parties will not engage in unauthorized use of each other's name, logo, or trademarks. Each party acknowledges and agrees that, except as expressly provided herein, no right, property, license, or permission of any kind is given or acquired by the execution, performance, or non- performance of this Agreement. b. MARKETING PLAN. i. The City and Visit Fort Worth will support Split Rock in development of a marketing plan to sell tickets and ensure the event's success. Marketing efforts will be funded from the event operations budget. The Marketing Plan will be completed and ready to activate in the 2nd quarter of 2024. 4. GENERAL OBLIGATIONS OF THE PARTIES a. CITY i. EVENTS TRUST FUND 1. The City will submit an application to the EDT for the creation of a Fund for the Event under the provisions of the Act. 2. The City will remit into the Fund the statutory deposit required by the Act ("City Remittance"). The City Remittance will trigger the State of Texas contribution to the Fund under the terms of the Act. 3. The City will be responsible for dealing with the EDT with respect to disbursements from the Fund and distributing the money in the Fund. 4. The City will be responsible for distributing the Fund to reimburse the City, VFW, and Split Rock for the expenses set forth in this Agreement and the Event Support Contract, which will be executed by the Parties at a later date. Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 3 of 21 5. Any payments to Split Rock or VFW are limited to the maximum amount available from and approved for eventual distribution from the Fund established for the Event and must be eligible for payment by the Act. 6. During the 2023 Texas legislative session, the City successfully proposed legislation to include the Event as a qualified event for the Major Events Reimbursement Program ("MERP") under the Act, which could increase the amount of the Fund available to offset Event expenses. If the Event generates the required level of incremental tax revenue, the Event will qualify under the MERP. If the Event does not generate the required level of increment tax revenue, then the Event will be considered a standard events trust fund event. ii. COSTS TO PREPARE FOR AND CONDUCT THE EVENT 1. City will pay VFW up to $1,000,000.00 in advance expense funding for items including, but not limited to, the items listed in the Pre - Event Expense matrix (Exhibit B) a. VFW will serve as the receipient and accountant for the City's funding of pre -event expenses. 2. City will provide secure stabling and bedding for horses in the Event, along with a convenient practice location either indoor or outdoor based on availability at the WRMC. 3. City will promote the Event in accordance with the agreed upon Marketing Plan. 4. City will support Split Rock's efforts to establish a rate structure and selling space for the World Cup Village and Trade Show associated with the Event. 5. City will support the Event through normal communication channels. b. SPLIT ROCK. i. EVENT DATES AND LOCATIONS. Split Rock shall host and conduct the Event at the Dickies Arena and Will Rogers Memorial Center from April 3-13 2026. Split Rock is the party designated to lead the organization, operation, promotion, and management of the Event. ii. EVENT EXECUTION. Split Rock will obtain all necessary US Equestrian and FEI licenses; ensure that US Equestrian and FEI rules and regulations are followed for the Event; solicit and acquire all entries for the Event; arrange for all assignment of judges and stewards during the Event; pay the expenses of all personnel specifically engaged by Split Rock to work in Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 4 of 21 connection with the Event, including, but not limited to supervising and instructing all volunteers working in connection with the Event; and arrange sponsor exhibitions. iii. TELEVISION. Split Rock will cause an audio-visual program of the Event ("Program") to be telecast, in accordance with FEI standards and requirements, unless it is prevented from doing so for reasons beyond its control, conflicting scheduling requirements, or other bona fide reasons. Any schedule for the Event (whether or not City receives notice of it) is subject to change at any time for any reason in the broadcasting network's reasonable discretion. Subject to Split Rocks prior written consent, not to be unreasonably withheld, City and VFW may distribute clips of the Event in promotional material, on its website, and for other purposes not in conflict with those of Split Rock. 1. Net revenues generated by any such broadcast of the Program allowable under Split Rock's agreement with FEI will be included in the Event revenues and expenses to be split amongst the parties. iv. CITY REMITTANCE. In the event that the Event is profitable, not later than five (5) business days after moneys in the Fund have been fully distributed, Split Rock will pay the City 1/3 of event profits, up to an amount equal to the City Remittance. v. From pre -payment of event revenues, such as hospitality sales and box office advances, Split Rock will provide the funding necessary for pre -event expenses beyond the City's $1,000,000.00 contribution. 1. Split Rock will receive and process all event expense invoices, providing documentation to the City and VFW as necessary or requested. vi. Split Rock will contract, invoice, and collect all revenues not otherwise collected by Dickies Arena, and provide monthly reporting on Event revenues and expenses, and provide documentation to the City and VFW as may be requested. c. VFW GENERALLY 1. VFW will pay Split Rock the balance of the FEI host fee and will pay Dickies Arena directly for rental fees, as reflected in the separate written agreement between VFW and Split Rock. Any payment of the Host Fee will be made in a manner that complies with the requirements of Chapter 480 of the Texas Government Code. 2. VFW will assist in securing required hotel blocks for FEI and Split Rock staff and officials, athletes and grooms at the Event's expense Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 5 of 21 plus additional blocks for owners, press, and FEI and Split Rock sponsors at their own expense. 3. VFW will jointly sign the Dickies Arena license agreement with Split Rock for the Event. d. MUTUAL OBLIGATIONS OF THE PARTIES i. GENERALLY 1. VFW will support Split Rock's marketing and communication plan whose objective will be to maximize the promotion and the visibility of the Event at the local, national and international level. 2. The parties will promote the Event on all of its social media platforms and websites. VFW will promote the Event in accordance with the agreed upon Marketing Plan. 3. The Parties will provide an event program (print, app, or website) as is acceptable to FEI. 4. The parties will assist Split Rock in organizing travel and accommodations for one pre -final technical visit by FEI representatives and FEI's technical delegates in each discipline. 5. The parties will support efforts in establishing a rate structure and selling space for the World Cup Village and Trade Show, including possible concerts and entertainment opportunities. 6. The parties will organize shuttle services for officials, FEI, and Split Rock staff, Longines guests, and representatives, athletes, owners and press between hotel(s) and venue and from/to the airport. 7. The Parties agree to comply with the budget as reflected in the budget exhibit attached to this Agreement. The budget may be modified from time to time by the mutual, written, agreement of the parties. 8. Sales and promotion activities for the event may begin on or before July 1, 2024. 9. Ticket Sales for the Event may begin on or before October 1, 2024. e. VFW AND CITY i. PAYMENT OF COSTS FOR THE EVENT 1. VFW will pay up to $1,000,000.00 ("VFW Event Expenses") for costs related to the preparations necessary for conducting the event and costs of conducting the event, which include, without limitation, rental for Dickies Arena, the advance host fee, marketing, and Event catering and either: (i) directly offset the costs of the Event or (ii) reimburse Split Rock for such expenses. Expenses must qualify for reimbursement by the Event Trust Fund. These expenses may include, but are not limited to, the following: Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 6 of 21 a. Advertising and marketing promotions of the Event, including but not limited to, television and radio broadcast, published media, website, social media, printing, and production costs; b. Awards distributed at the Event including but not limited to trophies, ribbons, medals, sashes, plaques, saddles, jackets, vests, hats, grooming products and tack; c. Cost of specialized arena footing used for competition, including the delivery and removal prior to and following the event; d. Lease, transportation, and feed for horses to be used in competition; e. Rental cost of facilities for the Event, including, Dickies Arena; stabling and bedding for Event participant's horses and indoor/outdoor practice locations; f. Rental cost of equipment for the Event; g. Officials, judges and staff hired or contracted specifically for the Event; h. Event decorator; i. Photographer, videographer, or webcaster and minimum wifi requirements for transmission of broadcast and data, use by stewards and judges and competition staff, FEI and US Equestrian; j. Event insurance; k. Officials, judges and staff, as required for the event, and their related expenses; 1. Travel expenses including lodging, automobile mileage, rental car and commercial airfare for event participants or other persons directly related to conduct the event, provided said individual does not reside in the event's market area; in. Security and paramedics; n. Food provided on -site to event participants or other personnel necessary to conduct the event; o. Parking fees on facility grounds for event staff and officials; p. Dry cleaning for staff; q. Arena and venue signage at event, including signage around arenas, door and window clings, directional signage and event related signage; r. Cost of fire marshal, or on standby fire personnel; s. Expenses incurred for health screening and safety protocols for event attendees, staff and participants; t. Additional electrical needs for event; u. Data and telecommunications services provided at the facility for the event; and v. On site veterinarians. Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 7 of 21 2. Any Fund balance in excess of the rent and host fee or other qualified expenses will be contributed toward the Event's profit and losses calculation. £ CITYAND SPLIT ROCK i. Except as otherwise set forth below in this section, the Cityand Split Rock will split all of the profits and losses resulting from the Event in equal shares (i.e., each Party will receive 1/3 of the profits from the up to the following amounts: 1. The City's share of the profits or losses (as applicable) resulting from the Event is capped at $1,000,000.00. More specifically, if the Event is profitable, the City's 1/3 share of the proceeds is capped at its $1,000,000.00 investment amount for the Event. If the Event is not profitable, the City will not be obligated to contribute any additional funds above its $1,000,000.00 contribution. 2. VFW's investments toward the Event will be returned through the Fund. In the event the moneys obtained through the Fund is less than the amount required to make VFW whole and return its investment, only then will VFW will participate in the Event profit sharing according to this section and receive 1/3 of the profits generated by the Event. VFW's 1/3 share of the profits, in the event of a Fund shortfall, is capped up to the amount of the shortfall from the Fund. a. As between the City and VFW, any profits, or losses, from the Event will first be applied to the City's agreed cap of $1,000,000.00. Any additional profit, or loss,beyond that amount will then be applied to VFW in accordance with this section. b. VFW may recover its expenses for the rent and host fee, as discussed above, through the Fund. However, any Fund balance in excess of the rent and host fee will be contributed toward the Event's profit and losses calculation and split between the parties in accordance with this section. c. Should the event be eligible for reimbursement beyond rent and host fee, Split Rock may submit allowable expenses for reimbursement from the State. ii. Split Rock's share of the profits or losses (as applicable) resulting from the Event will not be capped.For purposes of this Agreement, a "profit" is defined as a financial gain, specifically the difference between the revenue earned and the amount spent in preparing for and conducting the Event as described in the attached pro -forma. iii. For purposes of this Agreement, a "loss" is defined as an excess of expenses over revenues in reference to the sum of all transactions related to the Event. iv. In determining the amount of revenues or expenses associated with preparing for and conducting the Event, the Parties agree that they will only consider those revenue and expense categories set forth in Exhibit A, which Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 8 of 21 is attached hereto and incorporated herein for all purposes. The Parties understand and agree that the amounts associated with the revenue and expense categories in Exhibit A are merely estimates at the signing of this Agreement and that they do not represent the actual revenues and expenses associated with the Event, as those will be finalized after the Event. v. Reconciliation: 1. Within ninety (90) calendar days after the last day of the Event, Split Rock must provide the City and VFW with a complete and accurate accounting of all revenues and expenses derived from, or associated with, the Event. 2. City and VFW will each have thirty (30) calendar days after receipt of all of the accounting records to dispute any information within such records. 3. If either City or VFW have any disputes concerning the accounting records, the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing Party must notify the other party in writing within the thirty (30) period for reviewing the records. The notice must state the nature of the dispute and list the Party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, the affected Parties must make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve the dispute. 4. If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute, then the Parties may submit the matter to non -binding mediation upon written consent of the authorized representatives of both parties in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code, then in effect. Request for mediation must be in writing, and request that the mediation commence not less than fifteen (15) or more than forty-five (45) calendar days following the date of request, except upon Agreement of the Parties. In the event the Parties are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendar days following the date of the request for mediation, then all the conditions precedent in this section will be deemed to have occurred. The Parties will share the mediator's fee and any filing fees equally. Venue for any mediation arising under this Agreement must be in Tarrant County, Texas. Any agreement reached in mediation will be enforceable as a settlement agreement in any court having jurisdiction. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party will have the right to exercise any and all remedies available under law regarding the dispute. 5. In the event there is a profit gained from the Event, then Split Rock will have thirty (30) calendar days to pay the City and VFW any Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 9 of 21 undisputed amount set forth in the Agreement. 6. In the event there is a loss generated from the Event, then the City and VFW will have thirty (30) calendar days to pay Split Rock any undisputed amount set forth in Agreement. 7. To the extent there is a disputed amount, then the disputed amount will be due and payable to the applicable Party within thirty (30) calendar days after the dispute is resolved. 8. The deadlines set forth in this section may be extended by mutual written agreement of the affected Parties. 5. EVENTS TRUST FUND DOCUMENTATION a. Split Rock and VFW must cooperate with the City in documenting costs incurred by Split Rock and VFW for the Event to evidence any reimbursement from the Fund. b. Split Rock and VFW must provide invoices to the City for expenses incurred for the Event that are anticipated to be reimbursed from the Fund. c. Split Rock and VFW must provide any supporting expense documentation as required by the City or as requested by the EDT to the full satisfaction of both the City and the EDT for the Event. d. Split Rock must provide the City with any all -attendance information needed to prepare an attendance certification to the EDT based on an attendance tracking system agreed to by the Parties prior to the start of the Event. 6. CANCELED OR RESCHEDULED EVENT a. FORCE MAJEURE It is expressly understood and agreed by the parties to this Agreement that, if the performance of any obligations hereunder is delayed or cancelled by reason of war; civil commotion; acts of God; unusually inclement or severe weather conditions; fire; pandemic (including, but not limited to, COVID- 19); epidemic; declaration of disaster or emergency by the State of Texas, Tarrant County, or the City of Fort Worth; or other circumstances that are reasonably beyond the control of the applicable party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the Party so obligated or permitted will be excused from doing or performing the same during such period of delay, so that the time period applicable to such performance will be extended for a period of time equal to the period such party was delayed, unless the same results in canceling the Event. Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 10 of 21 ii. Measures taken by the Office of Homeland Security/Office of Emergency Preparedness ("OHS"), State of Texas, Tarrant County, or the City of Fort Worth to close facilities or venues related to the Event, for any reason, is an act of government and, as such, is considered a force majeure event. iii. The Party asserting force majeure must give written notice and full particulars of the force majeure, including how the force majeure event prevents performance, to the other parties as soon as practicable, but no later than fourteen (14) calendar days after the occurrence of the cause relied upon. This time period may be extended by written agreement of the Parties. iv. In the event of force maj eure, Split Rock will make every reasonable effort to work with the City and VFW to reschedule the Event to ensure that (i) the Event continues to qualify for the ETF (either through a new application or a continuation of the original one for the new Event dates) and (ii) the City receives the benefit of its Host Fee. 1. Force Maieure Prior to the Start of the Event: If City and Split Rock are unable to reschedule the Event within thirty (30) calendar days after written notice of the force majeure event is sent to the Parties, then Split Rock must refund any amounts paid by the City as the Host Fee. Split Rock must repay the Host Fee to the City within thirty (30) calendar days after the expiration of the above - stated deadline. 2. Force Maieure During the Event: If City and Split Rock are unable to reschedule the Event within thirty (30) calendar days after written notice of the force majeure event is sent to the Parties, Split Rock must provide the City with a pro rata refund of the Host Fee, based on the number of days that the Event occurred. Split Rock must repay the pro rata amount of the Host Fee to the City within thirty (30) calendar days after the expiration of the above -stated deadline. 3. The timelines in this section may be extended by mutual written agreement of the Parties. b. In addition, the Parties also agree and acknowledge that due to the expense, work, and preparation necessary for the execution of the Event, Split Rock's obligation to hold the Event and the City's obligation to host the Event are non -cancellable, except in the case of a Force Majeure event. If Split Rock cancels the Event for any reason other than Force Majeure, then Split Rock must provide the City with a full refund of its Host Fee within thirty (30) calendar days after notifying the City, VFW, or the public of the cancellation. Likewise, if the City cancels the Event for any reason other than Force Majeure, then it will not be entitled to a refund of its Host Fee. Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 11 of 21 7. INSURANCE a. Split Rock and VFW must provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: i. Coverage and Limits 1. Commercial General Liability a. $1,000,000 Each Occurrence b. $2,000,000 Aggregate ii. Automobile Liabilitv 1. $1,000,000 Each occurrence on a combined single limit basis 2. Coverage will be on any vehicle used by the Split Rock and VFW, their employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned iii. Worker's Compensation - Statutory limits 1. Employer's liability a. $100,000 Each accident/occurrence b. $100,000 Disease - per each employee c. $500,000 Disease - policy limit 2. This coverage may be written as follows: a. Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 —1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. b. General Requirements i. The commercial general liability and automobile liability policies must name the City as an additional insured thereon, as its interests may appear. The term City includes its employees, representatives, officers, officials, agents, and volunteers in respect to the contracted services. ii. The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. iii. A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to the City. Ten (10) days' notice is acceptable in the event of non-payment of premium. Notice must be sent Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 12 of 21 to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. iv. The insurers for all policies must be licensed and approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. v. Any failure on the part of the City to request required insurance documentation will not constitute a waiver of the insurance requirement. vi. Certificates of Insurance evidencing that the Contractor has obtained all required insurance will be delivered to the City prior to the Contractor proceeding with any work pursuant to this Agreement. c. The City is insured for general liability under a self-insurance program covering its limits of liability. The Parties agree that such self-insurance by City will, without further requirement, satisfy all general liability insurance obligations of City under this Agreement. 8. TERMINATION FOR CAUSE The City may terminate this Agreement if Split Rock or VFW fails to comply with any term, provision, or covenant of this Agreement in any material respect. If an event of default occurs, City will give written notice that describes the default in reasonable detail to Split Rock or VFW, as applicable. Split Rock or VFW, as appropriate, must cure such default within thirty (30) calendar days after receiving notice from City, unless otherwise agreed to in writing by the parties. Except as otherwise agreed to by the parties, if the Event is cancelled for any reason, then this Agreement will terminate immediately and the City will not be held responsible or liable for its obligations hereunder. 9. SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected thereby, and this Agreement will be liberally construed so as to carry out the intent of the parties to it. 10. NOTICES Any notice, request or other communication required or permitted to be given under this Agreement must be given in writing by delivering it against receipt for it, by depositing it with an overnight delivery service, or by depositing it in a receptacle maintained by the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 13 of 21 the respective parties at the addresses shown herein (and if so given, deemed given when mailed). Notice sent by any other manner will be effective upon actual receipt by the party to be notified. Actual notice, however and from whomever given or received, will always be effective when received. Any party's address for notice may be changed at any time and from time -to -time, but only after thirty (30) days' advance written notice to the other parties and must be the most recent address furnished in writing by one party to the other parties. The giving of notice by one party that is not expressly required by this Agreement will not obligate that party to give any future notice. City: City of Fort Worth Attn: Director, Public Events Dept. 200 Texas Street Fort Worth, TX 76102 with copies to: the City Manager and the City Attorney at the same address VFW: Visit Fort Worth Attn: Bob Jameson 1201 Throckmorton Street Fort Worth, Texas 76102 11. PUBLIC INFORMATION ACT SPLIT ROCK JUMPING TOUR, LLC: Split Rock Jumping Tour, LLC Attn: Derek Braun, President Address: 601 Lagonda Ave. Suite 170 City, State Zip: Lexington, Kentucky 40505 Split Rock understands and acknowledges that City is a public entity under the laws of the State of Texas and, as such, all documents held by City are subject to disclosure under Chapter 552 of the Texas Government Code. Split Rock will clearly indicate to City what information it deems proprietary. If City is required to disclose any documents that may reveal any of Split Rock's proprietary information to third parties under the Texas Government Code, or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction, City will notify prior to disclosure of such documents, and give Split Rock the opportunity to submit reasons for objections to disclosure. City agrees to restrict access to Split Rock's information to those persons within its organization who have a need to know for purposes of management of this Agreement. City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. City will use its best efforts to secure and protect Split Rock's information in the same manner and to the same degree it protects its own proprietary information; however, City does not guarantee that any information deemed proprietary by Split Rock will be protected from public disclosure if release Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 14 of 21 is required by law. The foregoing obligation regarding confidentiality will remain in effect for a period of three (3) years after the expiration of this Agreement. 12. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended; provided, however, that any future Charter or ordinance amendment will not be deemed to modify, amend, or negate any provision of this Agreement. 13. GOVERNMENTAL POWERS It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 14. NO WAIVER The failure of any party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder will not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 15. VENUE AND CHOICE OF LAW If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action will 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 will be construed in accordance with the laws of the State of Texas. 16. NO THIRD -PARTY RIGHTS The provisions and conditions of this Agreement are solely for the benefit of the Parties, and any lawful assign or successor of Split Rock or VFW are not intended to create any rights, contractual or otherwise, to any other person or entity. 17. INTERPRETATION In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement will be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 18. CAPTIONS Captions and headings used in this Agreement are for reference purposes only and will not be deemed a part of this Agreement. 19. ENTIRETY OF AGREEMENT Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 15 of 21 This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the Parties, and any lawful assign and successor of Split Rock or VFW, as to the matters contained herein. Any prior or contemporaneous oral or written agreement between the City, Split Rock and VFW is hereby declared null and void to the extent in conflict with any provision of this Agreement. 20. COUNTERPARTS This Agreement may be executed in any number of counterparts with the same effect as if all of the parties had signed the same document. Such executions may be transmitted to the other party by digital scan or facsimile and such scanned or facsimile execution will have the full force and effect of an original signature. All fully executed counterparts, whether original executions or scanned or facsimile executions or a combination, will be construed together and will constitute one and the same agreement. 21. AMENDMENT No amendment, modification, or alteration of the terms of this Agreement will be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the Parties hereto. 22. INDEMNIFICATION a. SPLIT ROCK AND VFW COVENANT AND AGREE TO AND DO HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT THEIR OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY OR MONETARY LOSS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM ANY REPRESENTATIONS OR MISREPRESENTATIONS BY SPLIT ROCK OR VFW, RESPECTIVELY, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. b. IF ANY ACTION OR PROCEEDING IS BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, SPLIT ROCK OR VFW, AS APPLICABLE, ON NOTICE FROM CITY, MUST DEFEND SUCH ACTION OR PROCEEDING, AT THEIR OWN Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 16 of 21 EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. c. IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS SECTION, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND WILL OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION WILL CONTINUE IN FULL FORCE AND EFFECT. d. This section will survive the expiration or termination of this Agreement. 23. AUDIT Split Rock and VFW agree that City and its internal auditor will have the right to audit, which includes, without limitation, the right to complete access to and the right to examine, the financial and business records of Split Rock and VFW that relate to the documentation provided to the City pursuant to this Agreement, including, but not limited to, all necessary books, papers, documents, records, and personnel, (collectively, "Records") in order to determine compliance with this Agreement. Split Rock and VFW must make all Records available to City at 200 Texas Street, Fort Worth, Texas or at another location in City acceptable to both parties within thirty (30) days after notice by City and will otherwise cooperate fully with City during any audit. Notwithstanding anything to the contrary herein, this section will survive the expiration or earlier termination of this Agreement. 24. ASSIGNMENT The Parties hereto will assign or transfer its interest herein without prior written consent of the other party, and any attempted assignment or transfer of all or any part hereof without such prior written consent will be void. This Agreement will be binding upon and will inure to the benefit of the Parties and their respective successors and permitted assigns. 25. AUTHORIZATION By executing this Agreement, Split Rocks' and VFW's agents affirm that each is authorized to execute this Agreement and that all representations made herein with regard to Split Rocks' and VFW's identity, address, and legal status (corporation, partnership, individual, dba, etc.) are true and correct. 26. NO BOYCOTT OF ISRAEL Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 17 of 21 If Split Rock or VFW have fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Split Rock and VFW acknowledge that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" will have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Split Rock and VFW certify that their signatures provide written verification to the City they: (1) do not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 27. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Split Rock and VFW acknowledge that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Split Rock and VFW certify that their signatures provide written verification to the City that they: (1) do not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 28. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Split Rock and VFW acknowledge that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Split Rock and VFW certify that their signatures provide written verification to the City that they: (1) do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 29. REVIEW OF COUNSEL Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 18 of 21 The Parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or exhibits hereto. 30. REPORTING a. Split Rock and VFW must maintain complete and accurate records related to this Agreement, including, but not limited to, all financial records, receipts, invoices, and order forms ("Records"). On request of the City, Split Rock or VFW, as applicable, must make all such Records available for inspection and review to the City. Notwithstanding anything to the contrary contained herein, the parties acknowledge that the records subject to this requirement are only those Records necessary to determine compliance with this Agreement. b. Split Rock or VFW, as applicable, must 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 laws as such laws may be amended from time - to -time during the term of this Agreement. [signatures on the next page] Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 19 of 21 [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City of Fort Worth: Split Rock Jumping Tour, Fort Worth Convention and LLC, a Kentucky Limited Visitor's Bureau d/b/a Visit Liability Company: Fort Worth, a Texas non- profit corporation 0&47J.h, By: William Johnson (Ffb 5, 202412:35 CST) Name: William Johnson Title: Assistant City Manager Date: be�elc B��ruz By: Derek Braun (Feb 5, 2024 09:35 EST) Name: Derek Braun Title: President and Manager Date: CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: Mike Crum Title: Director, Public Events Approved as to Form and Legality: By: Name: Taylor C. Paris Title: Assistant City Attorney Contract Authorization: M&C: 22-0227 By: Name: Robert Jameson Title: President & CEO Date: 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: Mike Crum Title: Director, Public Events City Secretary: p� �FORTo�Il9dd 00 Pig �10 OVD Ssd° By: V � aaaB��tF)( psab Name: Jannette S. Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 20 of 21 Event Trust Fund Host Agreement between City of Fort Worth, Split Rock Jumping Tour, LLC, and VFW 21 of 21 Exhibit A - 2026 FEI World Cup Jumping and Dressage Fort Worth, Texas Event Pro -Forma 1/29/2024 1 Operating Revenue Budget Sponsorship City Contribution to Expenses VIP Lounge Trade Fair Merchandise RV Park Broadcast Sponsorship Credit for Catering Spend Credit for Sale of Footing Tickets Totals Operating Expense Budget VIP Catering Staffing Decor Total VIP Additonal Catering Sales Commissions Sponsorship Trade Fair Total Sales Commissions Marketing/Signage Advertisment Press Management Materials Design/Produciton Total Marketing/Signage Barn Operations/Facility/Tickets Stabling/Feed/Facility Needs Tenting Total Barn Operations/Facility/Tickets Footing Equipment Fuel Installation Footing Cost Total Transport Hotel Accomodations Local Accomodations Airfare Total Show Operations 2024 2025 2026 Total 1,100,000 1,200,000 2,300,000 90,000 910,000 1,000,000 1,000,000 1,000,000 500,000 500,000 125,000 125,000 20,000 20,000 100,000 100,000 500,000 1,500,000 6,330,000 8,330,000 590,000 3,510,000 9,275,000 13,375,000 600,000 35,000 25,000 660,000 350,000 TBD TBD 100,000 90,000 100,000 290,000 50,000 100,000 150,000 50,000 1,000 100,000 300,000 451,000 25,000 200,000 100,000 300,000 1 Scoreboard 35,000 Prize Money 2,000,000 Production/Broadcast 300,000 Ribbons 1,000 Office Supplies & Materials 30,000 Equipment Rentals 25,000 Accreditation 30,000 Time Keeping - Jumps/Courses 50,000 Uniforms 10,000 Pre -Event Visits 25,000 Total Quarantine/Horse Transport Show Staffing Management Fee Human Trafficking Program Miscellaneous/Contingency Total Expenses Profit (Loss) 2,506,000 1,500,000 300,000 250,000 50,000 150,000 6,982,000 6,393,000 2 Exhibit B - 2026 FEI World Cup Jumping and Dressage Fort Worth, Texas Event Pro -Forma 1 /29/2024 Pre -Event Expenses Host Fees 200,000 Advertising Media Management 25,000 Pre FEI Technical Visit 25,000 Quarantine/Transport Deposits 1,500,000 Staffmg/Pre-Event Labor/Team - Jumps 25,000 Footing 225,000 Uniforms 10,000 Ribbons 1,000 Signage 25,000 Accreditation Management Fee 250,000 Catering Deposit - Total 2,286,000 Over 1 Year One Year 9 Months 6 Months 3 Months 2 Months 1 Month Total 90,000 110,000 200,000 25,000 25,000 25,000 25,000 300,000 375,000 825,000 1,500,000 200,000 25,000 225,000 10,000 10,000 1,000 1,000 25,000 25,000 100,000 150,000 250,000 90,000 235,000 300,000 375,000 400,000 36,000 825,000 2,261,000 Balance: 325,000 625,000 1,000,000 1,400,000 1,436,000 2,261,000 2/1/24, 2:56 PM M&C Review Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORTTIVORT_II Create New From This M&C DATE: 3/29/2022 REFERENCE **M&C 22- LOG NAME: 252026 FEI WORLD CUP NO.: 0227 HOST AGREEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Agreement with Fort Worth Convention and Visitors Bureau d/b/a Visit Fort Worth and Split Rock Jumping Tour, LLC to Host the 2026 FEI World Cup Finals for Jumping and Dressage to Include (i) a Payment of up to $900,000.00 for Costs Relating to the Preparations Necessary for Conducting the Event and Costs of Conducting the Event, (ii) a Host Fee Payment of up to $110,000.00, and (iii) One -Third of the Bottom -Line Profit and Loss Generated by the Event up to a Cap of $1,000,000.00 and Find that the Obligations of the City to Host this Event Serve a Public Purpose. RECOMMENDATION: It is recommended that the City Council: 1. Authorize Execution of an Agreement with Fort Worth Convention and Visitors Bureau d/b/a Visit? Fort Worth and Split Rock Jumping Tour, LLC,?to Host the 2026?FEI World Cup Finals for Jumping and Dressage to include (i) a payment of up to $900,000.00 for costs related to the preparations necessary for conducting the event and costs of conducting the event, (ii) a host fee payment of up to $110,000.00, and (iii) one-third (1/3) of the bottom -line profit and loss generated by the event up to a cap of $1,000,000.00; and 2. Find that the obligations of the City of Fort Worth to host the 2026?FEI World Cup Finals for Jumping and Dressage serve?to carry out the public purposes of providing invaluable public visibility throughout the world for?Fort Worth, encourage and provide major economic benefits to Fort Worth, and provide opportunities for the creation of jobs by local and Texas businesses. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an Agreement with Fort Worth Convention and Visitors Bureau d/b/a Visit?Fort Worth (VFW) and Split Rock Jumping Tour, LLC (Split Rock) to host the 2026?FEI World Cup Finals for Jumping and Dressage (Event). Federation Equestre Internationale (or FEI) is the world governing body for the equestrian sports of Jumping, Dressage, Para Dressage, Driving and Para Driving,?Endurance, and?Vaulting.?136 national equestrian governing bodies are?FEI members. Due to the success of a FEI World Cup qualifier event held at Will Rogers Memorial Center in December of 2021, FEI has invited Fort Worth to bid on hosting the Event. The event is?held annually and primarily?in Europe and?the United States.? European hosts include Gothenburg, Sweden (SWE), Paris, France, Lyon, France, Den Bosch, Netherlands, Leipzig, Germany, and Geneva, Switzerland.? Recent US host cities include Las Vegas and Omaha.? The 2024 FEI World Cup Finals will be held in Riyadh (KSA), which will mark only the second?time it was not held in Europe or USA since its inception in 1979. An economic impact study performed by Deloitte for the 2016 event?in Gothenburg estimated 30,371 unique visitors, 81,000 in total event attendance, and $18,500,000.00 in direct spending.? The 2019 event, also held in Gothenburg, was broadcast in 130 countries and generated 887 million impressions across all media platforms.? The forecasted attendance and impact for this Event to be held in Fort Worth is similar, with 60,000 in total event attendance and an estimated $21,000,000.00 in direct apps.cfwnet.org/council_packet/mc_review.asp?ID=29781 &councildate=3/29/2022 1 /3 2/1124, 2:56 PM M&C Review spending.? Based?on event attendance in previous US cities (86,000 in Las Vegas in 2007 - 52,119 in Omaha in 2017), the 60,000 figure is conservative. The budget for the proposed Event in Fort Worth forecasts $11,300,000.00 in revenues and $8,100,000.00 in expenses.? The Event must generate 72\% of forecasted revenues to financially? break-even. The financial proposal is as follows: City enters into an agreement with Split Rock and VFW to host the Event City will pay a host fee of up to $110,000.00 (Fiscal Year 2022) City and VFW will pay for costs related to the preparations necessary for conducting the event and costs of conducting the event, which include, without limitation, rental for Dickies Arena, marketing, and event catering City will contribute an additional amount up to $900,000.00 VFW will contribute an amount up to $500,000.00 City and VFW will utilize the Events Trust Fund payment to help offset the costs of the Event (Est @ $1,600,000.00) Split Rock will pay the remaining Event expenses from Event revenues ($6,600,000.00, mostly in Fiscal Year 2026) Fort Worth, VFW, and Split Rock will participate in a 1/3 split of all profit generated from the Event The City's share of profit (or loss) is capped at $1,000,000.00 VFW's share of profit (or loss) is capped at $500,000.00 Split Rock benefits from the remaining profit (or covers the remaining loss) To prepare to meet the financial obligations to host this event (and others like it that will consider Fort Worth in the future), the City will consider the following actions: Creation of an Event Risk Fund within the Culture and Tourism fund balance sheet as a financial risk backstop (Fiscal Year 2023-2026) Through the upcoming contract negotiations with VFW, improve VFW's capacity for VFW to take financial risk on events (Fiscal Year 2022) In the 2023 Legislative Session, propose legislation to include the FEI World Cup Finals in the Major Event Reimbursement Program?(Fiscal Year 2023), which could increase amount of offsetting funds from the state Should the City Council authorize this M&C, next steps are as follows: March 23, 2022: Presentation to FEI Board of Directors May 1, 2022: Initial Host Fee Payment Due Spring, 2025: Event Trust Fund Application Due Spring, 2026: FEI World Cup Finals The City will utilize the Events Trust Fund (ETF) Program to help offset the costs of the Event, including those obligations set forth above. State law authorizes the Texas Comptroller of Public Accounts to establish an ETF to assist Texas communities with paying costs related to preparing for and conducting an event by depositing projected gains in various local and state taxes generated from an event in a dedicated, event -specific trust fund to cover allowable expenses. All sums deposited into the ETF are available to reimburse for costs incurred as a result of the Event, including those incurred by the City, VFW, and Split Rock. Regardless of whether the City receives full reimbursement, the obligations of the City to host the Event, as set forth above, further the public purposes of providing invaluable public visibility throughout the world for Fort Worth; encouraging and providing major economic benefits to Fort Worth; and providing opportunities for the creation of jobs by local and Texas businesses.? Adequate controls will be in place to ensure that the public purposes will be carried out, including the above stated agreement between the City, VFW, and Split Rock. Funding is budgeted in the Other Contractual Services account of the Culture & Tourism's Department Rollup within the Culture & Tourism Operating Fund. FISCAL INFORMATION/CERTIFICATION: apps.cfwnet.org/council_packet/mc_review.asp?ID=29781 &councildate=3/29/2022 2/3 2/1/24, 2:56 PM M&C Review The Director of Finance certifies that upon approval of the above recommendations, funds are available in the current operating budget, as previously appropriated in the Culture & Tourism Fund to support the initial payment. Any future impact will be included in the FY2023-2026 budgets of the Culture & Tourism Fund and will be included in the long-term financial forecast. Prior to an expenditure being incurred, the Public Events Department has the responsibility to validate the availability of funds. TO Fund I Department I Account I Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by, Reginald Zeno (8517) Originating Department Head: Michael Crum (2501) Additional Information Contact: Andrea Wright (2502) ATTACHMENTS 1295 - Split Rock LLC - for 2026 FEI World CUD Pronosal.Ddf (CFW Internal) 20101-024 FY 22 Budget at rollup.png. (CFW Internal) FID for 2026 FEI World Cur) Show.xlsx (CFW Internal) apps.cfwnet.org/council_packeUmc_review.asp?ID=29781 &councildate=3/29/2022 3/3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Split Rock Jumping Tour, LLC Lexington, KY United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2022-854442 Date Filed: 02/24/2022 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 2026 FEI World Cup Finals Host Organize and Manage 2026 FEI Show Jumping and Dressage World Cup Finals 4 Name of Interested Party Derek, Braun 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is t /e 1-,�- L My address is O/Z4L)Al City, State, Country (place of business) Lexington, KY United States q. CleVeland fed, (street) , and my date of birth is L-eXr hC, 7'or7 , 114f-IV, (city) (state) Nature of interest (check applicable) Controlling intermediary X io1s1/9eJ4 -//a 676 USA . (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. FR Yo5 T 7C- t�€itlTi/GK z�s`�� FE Executed in County, State of Y, on the day of a ' Roblin Cravers NOTARY PUBLIC STATE AT LARGE KENTUCKY ID. # 605366 MY COMMISSION EXPIRES July 26, 2022 Forms provided by Texas Ethics Commission (month) Signature of authorized agent of contracting business entity (Declarant) www.ethics.state.tx.us 20 Z?-. (year) Version V1.1.191b5cdc r 12022 v Fund 20:101 culture &Tourism t i 024 - CulturE St Tourism Dept Roll, T 1 0' 1 .r I ® \r �j =ird ] Next bRTH +GLOO19-015 - Operating Dept Sum By Account �- RunTiome: 0310212022 01:39 PM imrnant Data =tail Data Expand All Coltapse All o & Tourism Dept Roll up S40,078,325.00 S16.878,725.67 523.199 599 33) Total Revenues: S40,078,325.00 S16,878,725.67 (S21199.599.33) W,,. 1. =_ & Tourism Dept Rollup S40,078,325.00 $4,171.918.43 55,751.5T _90 515,952,904.44 $14.201,924.23 ry & Benefits S11.187,048 00 50.00 SO 00 S4.150,233.26 $7.036.814,74 eras Oper & Maint 525.903,192.00 $4.1711_918.43 55,751.577.90 S9.643,200.26 55.336.495.41 E120101 Culture&Tourism 525.903.192.00 L4.17'_918.43 S5,751.5, rr_90 S9_643,200-26 S5.336.495.41 5310101 Administrative Costs Alloc 5770,109.00 S0.00 S000 S770109.00 $0.00 5310102 Mail & Messenger Service S750.00 S0.00 S0.00 S69.78 S680.22 5310104 Bank Charges Se5.000.00 S0.00 S6.00 S21.122.54 S43.877.46 5310301 Fleet Service Admin Charge Exp S35.791 00 S0.00 S0.00 S35 791.00 S0.00 5310601 Computer Services Ailoc Exp S4.184 W S01.00 Sa.00 S4 184 00 S0.00 5310602 IT System Support Allocation S122.101.00 S0.00 S0.00 51'22.101.00 S0.00 5310603 Radio Services Allocation Exp S28,,760.00 50.010 50.00 S28 760.00 S0.00 5310604 Network Services Alloc Exp $48.666 00 S0.00 50.00 U& 666 00 S0.00 5310606 ITS Services Allocation Exp S272.356.00 SO, -GO S0.00 S272.356.00 50-00 5310607 ITS Misc Direct Allocation Exp S19.266.00 S0.010 S0.00 S19.266.00 S0.00 5330201 Other Contractual Services $ 433 00 $2.1=2.177 0 54,LI1359 45 5 554,71 51 S5.910.176,04 5330500 Consultant & Othr Prof Service S356.000.0 S01.00 S0.00 S3.951.32 S347.048.68 Rec # I Fund I Dept # Rec # I Fund c # I Fund Dept # Dept # Account I Project ID_Activity ,Budget CF 2 JProgram . Amount FIDs Actual nt Project ID Activity Budget CF 2 Program Amount Year F E - No KK or GL Entries Needed Account Project ID Activity Budget CF 2 Program Amount Year Purpose Purpose Purpose Xfer Xfer Xfer