HomeMy WebLinkAboutContract 44949 CffY SECRUARY
COW"ILI IV
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY of FORT WORTH AND
THE FORT WORTH CONVENTION AND VISITORS BUREAU
'THIS" PRo SSIONAL SERVICES AGREEMENT' ("Agreement" is made and entered ii to
in Fort Worth, Tat-rant County, Texas effective on the I st day of October, 201 1 3 by and between the
CITY F FORT' WORTH, a lorry -r11le 'Munic pal corporation f the State of Texas, acting by and
through its duly authorized assistant City Manager, and the .FORT WORTH CONVENTION ND,
VISITORS BUREAU, a Teas noti profit corporation, acting by, and through its duly authorized
President& C.E.O.
WITNESSET I.
WHEREAS,, the Fort worth City Council has determined that certain public facilities, including
the Will Ro ers Memorial Center, the Cowto°+ n 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 econorny, 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 T"eras Tax Code authorizes the City to levy by ordinance a hotel
occupancy tax; and
WHEREAS, the City has levied such a tax by adopting tin� g �Arti
cle ll of Chapter 32 of the Fort
Worth City Code 986), as amended-, and
WHEREAS, Chapter 3551 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, unprovi g,; and al eying the
rri arts; and
rri WHEREAS, the Texas Tax Code authorizes a municipality to contract with another entity to
7 manage and supervise prograrns or activities funded with revenue from the hotel occLIl fancy tai sub ect to
certain conditions and
mw
Professional Services Agreement with the Fort Worth Convention and visitors Bureau l of 50
WHEREAS, the City has engaged the Bureau to perfomi 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.
360,031, as amended ("CSC 36003" and
WHEREAS, since 2009, the Bureau's duties have included management of the Fort Worth Herd,
a promotional asset established to conduct daily cattle drives to prornote the City's western heritage and
to encourage tourists and convention delegates to frequent the City's histor"ic Fort Worth Stockyards area;
and
W.:. EREAS, CSC 36003, as amended, expires on September 3 01h, 20131, and the parties, now
desire to enter into a new Agreement that will be effective beginning on October 1, 20,13.
NO,W' THEREFORE, for and In consideration of the perfon-nance 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, tile 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, sliall have the meanings
ascribed to, them in-this section., except where-the context clearly indicates, a,different meaning.,
(i) Bureau shall be defined as: the Fort Worth Convention and Visitor's Bureau and its
officers, directors, representatives,,agents, employees, and contractors(other than the City).
(i i) City shall be defined as: the City, of Fort Worth, Texas and its officers, representatives!,
agents, and employees.
(i i i) City(,,ouncil shall be defined as. the Fort Worth City Council.
(iv) Ci�y Public T'acilities shall be defined as: facilities owned and operated by the City that
offer to the public facilities and amenities for the purpose of holding equestrian and livestock
events, conventions, meetings, artistic performances,, athletic events, or other similar functions.
The term includes the Will Rogers Memorial Center, the Co own Coliseum, the Fort Worth
Convention Center,and other City facilities that may hereafter be constructed or acquired.
(v) Director shall be defined as.- the Director for the Public Events Department of the City of
Fort Worth,Texas or that person's authorized representative or designee.
Professional Services Agreement with the Fort Worth Convention and visitors'Burea 2 of 50
(vi) -FWCC shall be defined as: the City-owned facility known as the Fort Worth Convention
Center located at, 1201 'Houston Street,
., Fort Worth,Texas 76102
(vii) Fiscal Year shall be defined as: the twelve-month period begitining October I and ending
September 30, or such alternate twelve-nionth period as, approved in writing by the City.
(viii) General Fu shall be defined as: the percentage of projected Tax Collections,
allocated to the Bureau under Section 4.01(i) of this Agreement to carry out the Bureau's general
marketing and promotional obligations and duties set forth in this Agreement.
(ix) Hc--,ord or Fort Worth Herd shall be defined as.- the program established by the City in 1999
to conduct daily cattle drives that serve to promote the City's western heritage, in particular the
Fort Worth Stockyards, and to encourage tourists and convey tion delegates to frequent this
reserved historic Site.
(x) Hotel.doom-_N)-ht s)
oom-_Nh)-ht(s) shall be defined as: a statistical unit of occupancy representing one
hotel or motel guest room in the City, of Fort Worth occupied by one or more persons for one
night.
(xi) Marketing Van shall be defined as: A plan developed and revised annually by the
Bureau for the marketing of'the City of Fort Worth as a prernler business and leisure destination
and shall include the overall strategic objectives of t he Bureau- direct measurable criteria by
which the performance of the Bureau may be eval Liated, including, but not limited to, specific
performance criteria. for market sectors identified by the Department and the strategies to be used
to accomplish the strategic objectives, criteria,and performance measures.
(xii) Priorit - The status ass,igned to a convention or tneeting& oup,
Y �tatus shall be defined as, rr
by the Bureau, that indicates whether that convention or group has the first, second or third hold
to the meeting space at the For Worth Convention Center.
(xiii) Public Events Departinent or DWar tment shall be defined as.- 'rhe City of Fort Worth
Department that is responsible for overseeing the City Public Facilities.
(xIv) S. PFaclitie Fundor ff
shall be defined : admi_
roistered
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, r 4 acilities.
(xv) Tax Collection,v shall be defined as hotel occupancy tax revenue (i) that is received by
the City in accordance with City ordinances adopted pursuant to Chapter 351, 'Municipal Hotel
Occupancy Taxes, of the Texas Tax Code and (ii)that is not otherwise restricted or dedic ated to a
SpCCific, purpose by state law or by a local ordinance or agreement that currently exists or is later
adopted, enacted, or executed in accordance with state law. The to shall not 'Include hotel
Professional,Services Agreement with the Fort Worth Convention and Visitors Bureau 3 of 50
Bk
occupancy tax revenue or other revenue that is restricted or dedicated for a particular purpose
under state law or under a local ordinance or agreement adopted in accordance with state law,
including,, but not limited to, hotel occupancy tax revenue dedicated to payments associated with
the expansion of an existing convention center facility under Section 351.1065 of the Texas Tax
Code, and revenue pledged or otherwise designated for the funding of a "qualified project', in
accordance with Senate Bill 748, 83rd Texas Legislature (to be codified as Section 351, .1015 of
the Texas Tax Code).
(xvi) WRAK" sha,11 be defined as,: the City-owned facility known as the Will Rogers Memorial
Center located (at 3�401 W. Lancaster, Foa Worth, Texas 76107.
(xvi'l) Work shall be de-fined as: The duties and obligations contained in the Marketing, Plan
that the Bureau is required to perform as consideration for the funding provided to the Bureau by
the C ity.
3.
TERM OF AGREEMENT
3.01. This Agreernent shall be binding on the date! of execution by the par-ties and effective beginning
on October I, 2013, and shall remain in effect until September 30, 2018 ("In'dal. Term"), sub
Ject 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 I I erm"), 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. Fundin in I bligations.
General Market' 1,) and Promotional 0
Vii) During the Term, in connection with the annual budget process, the City may allocate
forty-seven percent (47%) of prejected Tax Collections for the upcoming Fiscal Year to the
Bureau to carry out its general marketing and promotional obligations and defies 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
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ee
• Sub-
.lect to the terms of this Agreement, the City shall pay the Gene ral Funding to the
.Bureau in twelve (12), equal i-non'thly installments.
(iii) Following the end of each Fiscal Year, General FundIlg 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 arnount 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 nay be apportioned
between the parties oil a, 47%-to-53% Bureau-to-City ratio and shall, except as otherwise
provided below, be reconciled through Lip to six funding adJustments, as agreed to by the parties
at tile 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 $ 00,0010.010, the funding
adjustments may be extended beyond six months based oil mutual agreement of the parties.
(1v) hi the event this Agreement terminates or expires, reconciliation for the final Fiscal, Year
(whether complete or incomplete), shall be litnite d to reimbursement from the Bureau to tile 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.
4.02 Fund' Spec..ialized Marketin rornotional Obligations. In addition, to the General
Mg g and P
Funding, the City may, in connection with the atinual, budget process, allocate funds fi-orn projected Tax
Collections for -the upcoming Fiscal Year to the Bureau to carry out the following specialized marketing
and promotional obligations': i(i,) the Special Public Facilities "'unds and (it) the Fort Worth 14erd
Operations as set forth below.-
(i) Special Public Facilities Funds. Funding for the Fort Worth Convention Center Special
Public Facilities Fund (the "FWCC SPF'F"') and the Will Rogers Memorial Center Special Public
Facilities,Fund (the "WRMC SP,FF") 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 LIP to $210,000.00 per Fiscal Year for the W.. .0 SPIFF.
(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 contribluted by the City
during that Fiscal Year.
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M Use and expenditure of the SPFFs shall be su,b' terns and conditions of
j ect to the tert
this Agreement.
(ii) Fort Worth HeLd 0
- j).erations. Funding for the Fort Worth Herd shall be as outlined
herein.
(a) For the first Fiscal Year of the h-titial Term, funding for the Fort Worth Herd will
7 -standing that the Bureau may request additional amounts
be $683!,125.00. with the undet
based' on demonstrated operational need and the availability of funds.
(b) Funding for subsequent Fiscal Years shall be agreed upon annually based upon
the Bureau's budget submissions and avai.labl,e funds to Support the Herd.
The Bureau shall include the net anticipated costs associated with administrati,
(c) 1 1011,
management, and ensuring continued operation of the Herd along with the Bureau's base
budget submitted to the City each year in accorda,nce with the requirements of this
Agreement.
(d) Disbursements associated with the 1--lerd shall be included with the monthly,
payments of the Bureau's, General Funding.
(e) Use of Herd operations funding shall be subject to the terms of this Agreement,
which shall include, but not be limited to, those set forth in the section designated "Fort
Worth Herd Operations."
4.03 Miscellaneous
0) 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
1.1015 of the Tax Code), hotel Occupancy tax revenue or other revenue pledged, dedicated, or
used, either now or in the future, for funding a, ",qualified project" is not otherwise available for
use by the City, and no such revenue shall be taken into account in calculating Tax Collections or
determining,allocations or distributions to the Bureau.
(iii) In addition to any particular limitations and conditions that may be specifically stated
herein, all 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
Professional Services Agreement withh the Fort Worth Convention and Visitors Bureau 6 of 50
to adequate appropriations and collections,,-the City will utilize a portion of the 'rax Collections to
fund the Bureau's services in accordance with the terrns of this Agreement and the budget
approved by the City.
5.
MARKETING PLAN
5.0111 In order to align the Marketing, Plan with the City's fiscal year and with funding availability, the
Bureau shall generally be required to adopt the period of October through Septem ber as the Bureau's
fiscal year; provided, however, -that the Bureau may submit to the City a, written request to u se an
alternate twelve-month period as the Bureau's, fiscal year, and the City shall have sole discretion in
approving or denying such request.
5.02 The Bureau shall prepare and submit its draft Fiscal Year 2014 Marketing Plan to the City within
thirty (30) days after execution of this Agreement. For the remaining Term, the Bureau shall prepare and
submit to the City its draft Marketing Plan on or before August I 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 nleasureable performance criteria of the Bureau for the upcoming
Fiscal Year. The Marketing Plan is to be reviewed by the City Manager, or designated assistant city
manager, prior to submission to the City Council for its consideration. The City Council shall have the
right to approve annually the Marketing Plan. The Marketing Plan shall comply with the requirements of
this Section.
5.03 General Requirements,.
(i) The Marketing Plan shall be consistent with the Bureau's mission to market and promote
Fort Worth as a prernier business and leisure destination, so as to enrich Fort Worth's hospitality
industry and the community's economy. Ill Furtherance of that mission, the primary
responsibilities of the Bureau are to promote conventions, trade shows, me etings, and long-terril
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 fission stmt ementl a five-year
vision, ail overall description of the Bureau, information on major Bureau initiatives and their
relationship to the strategic goals, a plan to develop and secure business for the hospitality
industry, a cost-benefit analysis of the Bureau's objectives, a detailed business plan on fulfilling
the Bureau's mission statement, and any information required under this Section.
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iii The Marketing Plan shall be consistent with all applicable Federal, State, and local laws,,
including, but not limited to, the City Charter and City Ordinances and shall identify those
scheduled activities, programs, or events that will directly enhance the FWCC and the WRMC
and promote the convention, equestrian
tourism
and hotel industry.
5.014 Budget. The Bureau has prepared and submitted its proposed written, budget for Fiscal Year 2014
to the City. For the remaining Term, the Bureau shall submit to the City a proposed written budget for
the upcoming Fiscal Year on or before March I of each upcoming Fiscal Year for consideration and
approval. The budget shall (i) include proposed funding for the General Funding, the SPFFs, and Herd
operatioins; and (11) indicate the projected available Tax Collections for the ensuing Fiscal Year and any
amounts available in the Bureau's reserve fund and available funding for the SPFFs. The budget must be
submitted to and approved by the Bureau's Executive Committee prior to submission to the City. in
accordance with Section 351.1 1.(c) of the Texas Ta x Code,the City, in writing, shall approve in advance
the Bureau's annual budget.
5.05 Services, Activities, and Functions.
(i) The Bureau shall actively market, solicit, and advertise for conventions, equestrian
events'. trade shows,, motor coach tours, tourism, and other gatherings to maximize use and
revenues of the FWCC, the WRMC, commercial lodging facilities, and tourism facilities
consistent with the adopted Marketing Plan..
(a) Specifically, the Bureau shall solicit, in a systematic marmer, entities and
organizations that regularly hold conventions, equestrian events, and mectings, 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) Tile 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
Professional Services Agreement with the Fort Worth Convention arld Visitors Bureau 8 of 5 01
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 cities with the desire to make the City's bids, as successful as possible.
However, determinations, regarding the availability of meeting, and hotel space
and its cost will be made by the entity that owns or controls the space in question.
(4) The Director will determine the availability an d cost of City Public
Facilities space.
(5) Upon request, the Bureau will provide to the Director all copies of
proposals, that have been submitted on behalf of City Public Facilities.
(6) The Bureau will keep, the City and participating hotels apprised of
updates in each bid process and will notI f
y 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
i future improve tuture proposals.
(b) The Bureau shall maintain exhibit materials and displays for the purpose of
attracting visitors, and convention attend ees; the materials and displays, shall be deployed
at conventions, meetings, exhibilts, selected trade shows, sports and consurner shows,, and
other events where the Bureau deters-nines, in good faith and in exercise of its reasonable
discretion, that a Fort Worth presence would benefit the City and its marketing efforts.
(c) The Bureau shall coordinate with the appropriate City departments, local hotels,
restaurants, retail centers, and entertainment facilities to provide an environt-nent in which
a visiting group or organization enjoys a coordinated and productive visit to the City of
Fort Worth.
(d) The Bureau shall develop public awareness among City businesses and the
general public of the desirability, benefits, and importance of the convention, equestria n,,
and tourism industries to, the Fort Worth economy. In performing such services, the
Bureau shall act as a liaison for the City in its relationships with the tourism industry and
participate in appropriate tourism agencies and convention associations,, wh ich shall
include, without limitation, the appropriate state agency for economic development and
tourism,, the American and Texas, Societies of Association Executives, and the
Professional Services Agreement with the For W Convention and Visitors Bureau 9 of 50
Destiation Marketing Association International as well as other relevant agencies, to
ensure that favorable publicity about the tit y may be continued and expanded.,
(e) The Bureau shall market and distribute materials promoting Fort Worth as a
preferred destination city consistent with the Marketing Plan.
(f) The Bureau shall demonstrate the advantages that Fort, Worth has to offer
visitors.
(g) The Bureau shall market and promote tourism and conventions among minority
and multicultural markets in accordance with performance criteria set forth in each year's
Marketing Plan.,
(h) The Bureau shall ensure the development, production!, publication and
distribution of the items set forth below in Section 5.05(i)(h)(l)-(4) in sufficient
quantities and in similar quality to the Bureau's materials. Where possible, this content
may be incorporated into existing Bureau materials to avoid duplication of efforts and
waste of resources. When appropriate, information, will be posted online rather than in
printed form. In all cases, the City shall provide technical drawings and representations
of spaces for reproduction by the Bureau.
(1) A brochure and/or bid book that includes a set of current and accurate
floor plans for City Public Facilities.
(2) Visitor I iterature 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.Meet.fnFortWortli.com — that houses
webisites 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, 3D tours,
etc.) for a]I City Public Facilities,that warrant promotion.
The City reserves the right to develop, produce, publish, and distribute its own
marketing materials, at its own expense.
The Bureau shall abide by all requirements set forth in this Agreement regarding
maintenance and use of the Special Public Facilities Fund.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 11 0 of 50
(k) The Bureau shall manage, administer, and operate the Herd in accordance with
all applicable provisions of this Agreement.
0,
(1) The Bureau may, but is not reClUired 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
e *t* 0 ions 'for art-related expenditures. If the Bureau elects to use General
nti ies or organizati
Funding for SUbgrants, for the arts, it must comply with, all condl,itions of this
subparagraph.
MI The Bureau shall include proposed sub rants as part of its budget and
Marketing Plan for the year, the amount of such sub grants shall be subject to and
must comply with the limitations found in Section 351.103(c) of the Texas Tax
Code.
(2) Sul rants may only be given to nonprofit entities, or organizations that
demonstrate how a, proposed grant project promotes, tourism and the convention
and hotel industry.
(3) The Bureau shall develop a written application to be used in connection
with the awarding of subs, rants and shall develop criteria for objectively grading
all applicants and making awards.
(4,) The Bureau shall employ a multitude of online, print, and interpersonal
Sources to create awareness of the subgrant program among likely pools of
applicants. At a rninim,urn, 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 shall perform any additional duties as agreed upon in writing by the
City and the Bureau.
6.
SPECIAL PUBLIC FACILITIES FUNDS
0
6.01 Gen��11 The City and -the Bureau recognize the need to mint
aain a fund to assist in attracting,'
maintaining,, and retaining tourism and convention, busines,s, in Fort Worth. In order to book events that
bring strong economic value and an excellent quality of life to the Community, the City, in cooperation
w.
nth the Bureau must from,tirne-to-tirne provide incentives in the form of adjusted facility rents and other
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 11 of 50
promotional program benefits to attract and retain priority groups. The SPFFs serve such a purpose and
shall be administered in accordance with this Section.,
6.02 ACCO,Ll,nting
(1) Each SPFF will be maintained in one or more separate Bureau, accounts and will not be
commingled with any of the Bureau's operating or personal accounts.
Tile Bureau will have the sole responsibility to keep and maintain an accurate accounting
of all funds that are in the SPFFs and all outstanding and upcoming commitments frorn the funds
and shall provide-tile City with access to Such accounting,oil 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)i The Bureau may request pricing for convention groups, and from time-to-time,
It-nay ask the City to substantially discount rent to convention groups.
(c) The Bureau shall reimburse the City for all such rental, discounts offered to
attract a convention to the City for which the City requests reimbursement, unless
otherwise agreed to by the parties in writing.
(d) Tile 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'corn mitmtints
and encumbrances made to organizations booked into the FWCC for future years and to
ensure that the F' CC SPFF's financial capacity is not over committed. In the event that
financial corarnitments, have been made to, support the activities of organizations and
funds in the F SPFF are not sufficient to t-nake 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 WR-MC, 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
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 12 of 50
support, among other types of support, funded through the W SPFF. Th i s
Agreement shall allow for such types of support and others as deemed necessary by the
Director to continue as part of tile WRMC SPFF activities.,
(b) The Bureau and the Director will concur on the expenditures made from the
WRMC SPFF fund. In the unlikely situation where the Bureau and the Department do
not agree on expenditures, the City Manager's office will make-the final determination.
7.
FORT WORTH HERD OPERATIONS
7.01 Gene rill 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 20091, the
Bureau has provided managernent, 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 cone--nits 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 historl' cally
accurate as is reasonably possible. To that end, to the extent the Bureau obtains private
sponsorships, donations, or both for the use and benefit of the Herd program, the Bureau shall
limit sponsor and donor attribution and advertising in a manner that safeguards the historic
verisimilitude and overall integrity and public goodwill of this valuable City asset.
(Ii) The BureaLl 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
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 1 3 of 0
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 Herd's continued operation, Operation of the Herd program shall include.- (1)
conducting cattle drives on East Exchange Avenue tw ice daily at 1.1301 a.m. and 4:010 p.m.,
weather permitting; and (2) operating an educational p rogram that provides visitors and others
with infon,-natioin 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, P
, that Such appearances and performances may not take precedence over, or
interfere with, the daily cattle drives, and provided that additional temporary staff and animal
resources are secured and employed to ensure that such additional ap pearan,ces and performances
do not place an Undue burden on, or endanger the health or well-being,, of the aninials, drovers, or
other Herd staff.
(v) In connection with ensuring successful operation, of the Herd, the Bureau has been and
will continue to be licensed and assigned use and possession of certain City-owned vehicles. The
City's Equipment Services Department (ESD) will continue to perform maintenance,, repair, and
fueling of these City-owned vehicles throughout their useful lives. Prior to making paym ents, to
the Bureau associated with the Herd, the City shall deduct the arnount 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 ES,D
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 fisted
in Exhibit "Bl," which is attached hereto and incorporated herein for all purposes as though it
were set forth at liength. Authorization to keep and use the property shall not be construed to
create any ownership interest in the Bureau. Title to all City property shall remain vested in the
City at all times. The Bureau shall ensure that all City property is maintained and repaired in
accordance with standards of care that are equal to or better than those generally employed in the
professional cattle and ranching industry. If any item listed in Exhibit "B" requires replacement
Professional Ser-vices Agreement with the Fort Worth Convention and Visitors Bureau 14 of 50
because the item is damaged beyond repair or exceeds 'its useful life, the Bureau shall return said
item to the City for final disposition in accordance with then current requirements related to
surplus City property. The Bureau may seek th e City's assistance in procuring replacement items
%n accordance with the terrns of th is Agreement
(vi,i) The Bureau shall be authorized, in its discretion,, to enter into a relationship with one or
more non-profit organizations,, including,, but not limited to,the Outriders of the Fort Worth Herd,
for purposes of providing monetary and in-kind support for the Herd program. In entering into
such relationships, the Bureau shall take all reasonable steps to ensure that all donations received
by the non-profits) for the benefit of the I-lerd are in fact, maintained for such purpose. In
addition, the Bureau shall ensure that any such arrangernent includes a legal obligation requiring
the non-profits) to turn over to the Bureau or to the City all, ftinds, property, a rid materials that
were previously donated for the benefit of the Herd in the event the non-profits) ceases to exist
or ceases to serve as a support,group for the Herd.
(viii) To the extent the Bureau receives anything of value as a result of its administr ation,
management,, or operation of the Herd program (including, but not limited to;") appearance fees, and
monetary and in-kind donations), the Bureau shall maintain each such thing of value solely and
exclusively for the use and benefit of the Herd, program, which use or benefit shall, include the
reasonable costs related to the management, administration,, and operation of the Herd program.
Any monies so maintained may not be commingled with any hotel occupancy tax revenues,
allocated by the City.
(ix) The Bureau shall keep and maintain for the sole use and benefit of the Herd program any
property that is acquired by the Bureau: (i) using, funds provided by the City under, this
Agreement'; (ii) using appearance fees, or other income generated from the operation of the Herd
program; (ill'), 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 progrann, including in-kind
donations made by means of a support organizatio n.
7.03 Citv's Commitments to the Herd
(i) The City commits to ass,isit the Bureau on, all on-going basis in whatever manner is
needed to ensure the continued integrity, successful operation, and long to viability of the Herd
program and brand as an asset to the City an m d its hotel and touris industry and to ensure that the
Bureau is not required to make direct expenditure of its separate funds in conducting,any phase of
the Herd operations.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 15 of 50
(11) In addition to appropriating hotel occupancy tax revenues piu rsuant to Section, 4, the City
shall, at no cost to the Biureau, provide nonmonetary and indirect support for the Herd in
accordance with this Section.,
viii) The City, through the Trades Infrastructure 'group of the Parks and Cori-ii-nunity Services
Department or its successor, shall continue to repair any damage that is caused by operation of
the Herd program to the property and facilities ]eased from Hiclu-nan Investments,, Inc. for use by
the Herd.
(1v) 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 ($5,01001,0100-010). The Bureau, shall be a named
insured or an additional insured in any and all Such insurance policies.
S.
IMPLEMENTATION OF THEMARKETING PLAN
8.01, General Bureau shall. take all reasonably necessary steps to ensure successful irnplemen tation
of the Marketing Plan in accordance with the specific obligations outlined in this Agreement during the
Fiscal Year then in effect.
1
8.02 Booking W r ing i olw.
(1) 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 moire in the future, with the intent to have a maximum impact
on hotel occupancy tax revenues,, sales tax revenues, facility revenues,, and occupancy and use of
City Public Facilities. However, when opportunities arise and when space Is available, the
Bureau may assist the City to, facilitate the same within the 18,-month booking window.
8.,03 Bookinp, Priorities.
(01 The Public Evients, 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 abitity to, electronically
view the calendar of events, for the FWCC to ascertain and identify any tentative open
dates far future, business.
(b) If the Bureau desires to, reserve available space at the FWCC, then the bureau
shall provide a written request to the City stating the basis for such, a request along with
Professional Services Agreement with the Fort Worth C'onvention and Visitors Bureau 16 of 50
o
the requested dates. The Director shall provide a written response to the Bureau's
request.
(c) Should the Bureaus requested dates conflict with existing tentative or definite
convention hold on space -for the period beyond 1.8 months from the date of th e first use,
the Bureau shall communicate in writing to the Director and indicate which convention
group is to be given first, second, or third Priority Status for those dates in case of
cancellation of the tentative convention hold. It will be the Bureau's responsibility to
Communicate with the client or prospective client the Priority Status that has been
assigned to that pai-ticular group's requested dates at tile 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 vi,ew dates at the FWCC.
(,iii) Will Rogers Memorial Center.. The status of'e!vent dates at the WRMC shall be the sole
responsibility De
" ty of the Public Events partnient.
8.04 Re W istration- During events, the Bureau shall provide staffing and facilities for registration
assistance and services, publicity materials, attendance, and facility information to associations,
organizations, or groups convening or holding meetings in the City pursuant to the standard operating,
procedures of the Bureau. The Bureau follows specified guidelines in providing assistance to groups,,
mostly based on the number of rooms booked.
8.05 Performance Measurements. The following criteria shall be used for measurement purposes in
order to determine the success of the adopted Marketing Plan.-
(i) Convention IHaag e Sales:
(a) Leads
(1) Total number of Lead bookings
(2) Total Lead Room Nights
(b) New and Repeat definite bookings ("Repeat" shall be defined as those that book
annual ly.)
(c) Definites
(11) Total number of definite bookings
(2) Total definite Hotel, 'Room-Nights
Professional Services,Agreement with the Fort,Worth Convention and Visitors Bureau 17 of 50
Total definite Hotel Room-Nights for conventions, meetings, and similar
P)
events that utilize the FWCC and/or the WRMC and multiple Fort Worth hotels.
(d) Estimated Economic Impact ((using, the Destination Marketi.fig Association
International (DMAI) Event Impact Calculator))
(ii) To url*sm Sale-v, vel Inc dusLq Gro y2--Sales
(a) Group Tour Definite Room Nights
(b) FIT(Foreign Independent Traveler) Individual Consumed Room Nights
(C) Tours Booked
(d) Inquiries Fulfilled
111 DiLital& Soci*al�!Lebsite — Un* yes
*0
(a) Website Uniques.
(b) Total Visits
(c) Social Media 'Engagement, including, but not limited to, Face,book and Twitter
e
(d) Bureau Consumer 'Database Additions
9
(1v) Media,A ctiv�07 L I Journa
40sfian2- Trave
(a) Hosted Journalists
(b) Pitched Stories
(v) Media Value LAd Value—Non-
(a) Ad Equivalency
(b) Impressions
(vi) Meeting Services
(a) Percent Average Evaluation Rati_ng
(b) Meeting Serviced
(v) Services Leads
(d) Site Inspections
(vii) Visitor CenterlServkes
(a) Visitor Count (Total number of people that receive inforniation `roan the v1sitor
information center)
(viii) The following criteria shall be used for reporting purposes based only on data obtained
from C ity Public Facilities:
(a) Rental Revenue
(b) Food and Beverage Revenue
(c) Exhibit Hall occupancy
(d) Arena occupancy
Professional Services Agreement with the Fort Worth Convention and Visitors 1 ureau 18 of 50
(ix) All criteria listed in Subsection 8.05(i)-(,viii) above shall be tracked and reported on a
yearly basis to the City in written fon-n by the Bureau on or before October 3 1. of each year as part
of the Bureau's .nasal Report as described herein. Throughout the life of this Agreement, the
'Bureau and the City agree to review all of the reporting crit eria contained in Subsection 8.05 at
least annually to ensure that the reported data confin ues to meet the parties' evolving needs. The
review will examine on-going suitability and efficacy of the criteria, reporting relationships,,
decision points as well as control and accountability factors to determine the applicability and
appropriateness of each of the criteria. If 'the parties determine changes to the criteria are
necessary, they shall undertake an amendment to this Agreement to memorialize any such
changes.,
8.016 Whenever feasible,the Bureau and the City will hold regular weekly sales, meetings involving the
sales teams of the Bureau and the City to discuss, business opportunities involving the City Public
Facilities.
9.
P,OST-IMPLEMENTATION OF MARKETING PLAN
Records,,Accounting,Reports,and Other Requests
9.01. To the extent the Bureau receives funds frorn 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.
9.02 In order for the City to monitor the Work and services provided for herein and any criteria now or
later rnutually 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").
I his Annual Report shall hiclude, 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 Agreenient, and any additional re ports and analysis required by
this Agreement.
Professional Services Agreement with the Fort Worth Convention and Visitors BUreau 1 9,of 50
9.03 The Bureau shall provide the City Manager's Office and the Director with quarterly reports
containing detailed information on performance of the Work I including, but not limited to, the same
information required for the Annual Re o�rt, performance reports listing all groups and/or events added to
City Public Facilities schedules in that quarter, the information required In Section 8.o5, 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 ftiture revenues for City Public Facilities relative to the same
time period in previous years (but at least to include the previous year). Quarterly reports shall be
submitted on or before January 31, April 30, and July 31 for the preceding quarter.
9.04 All reports will be published and distributed at all Bureau Board Meetings. The Bureau shall also
provide the City with any reports or d I ocumentation required by the City as Swart 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 ten-n of this Agreernent.
9.05 All requests by the Bureau to the City for funds, services, or other items of value shall be directed
in writing for approval to the City Manager or a designated assistant city manager prior to submission to
the City Council.
9.06. If the Bureau enters into a written contract with a SUbgrantee pursuant to Section 5.05(i)(1) of this
Agreement,the Bureau must require the subgrantee to do,the following.:
Vii) at least annually make periodic reports,to the City of all of its expenditures frorn the hotel
occupancy tax; and
ii make records of its expenditures available for review to the City or any other person.
10.
BOARD OF DIRECTORS
10.01. Two City Council members or appointees shall serve as voting,members of the Bureau's Board of
Directors with at least one of these individuals, also serving on the Bureau's Executive Committee. The
City Manager shall serve as an Ex fficio 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 mernbers of the
Bureau's Board shall be appointed, as specified in the Articles of incorporation and the Bylaws of the
Bureau.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 20 of 50
aa
CITY LOGO,TRADE AND SERVICE MARKS
11.01 The Bureau acknowledges that the City Council has adopted and copyrighted as, its logo "Molly"
the longhorn steer, which may be used on the Bureau's stationery, bulletins, displays, posters, and media
and press releases, provided that all such use must comply with all City policies regarding authorized uses
and approved colors and graphics as those policies exist now or ray exist in the future. The City shall
pro vi"de the Bureau with a copy of the Molly Logo Use 'PoliCy upon request,.
11.02 The Bureau acknowledges that the City Council has commissioned and registered as a federal
trademark the logo "Fort Worth Herd" in a stylized longhorn steer "brand" depicting the
characters "F" and "'W" ("Herd Logo"), as shown in Exhibit "C," which is attached hereto and
incorporated, herein for all purposes as though it were set forth at length. The Bureau may use the Herd
Logo on stationery, bulletins, displays, posters, and media and press releases. In using -the Herd Logo,
the Bureau shall conform with City policies regarding a uthorized uses and approved colors and graphics.
In addition, the Bureau may use or license for use the Herd Logo on merchandise, provided, however,
that such merchandise be of a quality and character that does not diminish the value of the trademark or
compromise the integrity of the -Herd program and that such use is consistent with the City's reg,istratio n
document as shown in Exhibit "C." Any such use of the Herd Logo must be appro�ved in writing by the
Director prior to production of any merchandise.
11.03 In conjunction with administration, management, and ensuring operation of the Herd program,,
the Bureau shall be assigned and licensed use of the internet 'web a.ddresses www.fortwortherd.com,
www.fortworth,herd.pEg,www.Avhejd.eoii- and w
i www.1' herd.ci which shall at all times remain -the so�le
property of the City. Personnel in the City's, Information Technology S011.1 tions Department shall
coordinate with the Bureau, to assist with any issues if these addresses direct individuals to a City
webpage instead of an.appropriate Herd specific page maintained by or on behalf of the Bureau.
11.04 The Bureau may use any other trade or service marks of the City in connection with its
performance of the Work, provided that the City has authorized such use.
12.
AUDIT
12.01. The Bureau shall, maintain complete mid accurate books and records of its activities and finances,
which the City may audit at any time upon five business days' advance notice. The Bureau agrees that
the City will have the right to audit the financial and business records of the Bureau that relate to the
Work and services to be and performed under,this Agreement (collectively "Records") at any time during
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 21 of 50
the Term of this Agreement and for three (3) years thereafter in order to determine compliance with thi s
Agreement. Throughoijt the Terin of this Agreement, and for 'three (3) years thereafter, the Bureau shall
make all Records available to the City at the office of the City Manager or at another location in the City
acceptable to both parties following reaso nable advance notice by the City and shall otherwise cooperate
fully with the City during any audit. Notwithstanding anything to the contrary herein, this Section shall
survive expiration or earlier termination of this Agreement. All expenditures frorn funds provided to the
Bureau hereunder shall be made in accordance with the annual Marketing Plan and budget submitted each
year pursuant to this Agreement. It is understood and agreed that, upon the acceptance of funds
hereunder, a,fiduciary duty is created in the Bureau with respect to the expenditure of such funds.
12.02 The Bureau shall engage an independent fir-in of certified public accountants to audit its annual
financial statements and shall deliver to the City Manager's Office a copy of its audi ted annual financial
statements consisting of a balance sheet, an income statement, a statement of cash flows, and no tes to the
financial statements no later than 120 days after the end of each Fiscal Year, The Engagement Letter
from the independent firin ofcert1fied public accountants shall contain a statement that the Bureau shall
receive a copy of all audit work papers produced either by the client or the firm during the annual audit of
the financial statements. The notes to the audited annual financial sta tements shall contain a detailed
I n it- I
breakdown of revenues by source and expenditures by category. I addl 101, to the audited annual
financial statements, the Bureau shall at the same tine 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 i(ii)
un-audited financial statements including, at a minimum, a balance sheet and an income statement.
U.
INSURANCE
13.01. The Bureau shall carry instirance in types and amounts set forth in Exhibit "D," which is attached
hereto and incorporated herein for all purposes, for the duration of this Agreement.
14.
TERMINATION
14.01. Either party, may terminate this Agreement without cause upon ninety (90) days written notice to
the other party.
ProfessiODal Services Agreement with the Fort Worth Convention and Visitors Bureau 22 of 50
14-02. In the event of termination or expiration of this Agreement, the City arid the Bureau shall
reconcile any remaining payments to be made under this Agreement within ninety (90) days after the
effective date of termination or expiration.
.14.03. In the event of termination or expiration of thiis, 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 tern-is 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 arnount in excess of Ten Thousand Dollars $10,000.000 with a term that exceeds the
remainder of the renewal term of this Agreement. Payments rnade pursuant to the terms of this paragraph
shall be made from, and shall not exceed, the total of funds appropriated for payments under this
Agreement.
14.04. Upon expiration or termination hereof for any reason, the Bureau shall cooperate with the City to
ensure a smooth transition and cornpletion of the Work. Without limiting the generality of'the foregoing,
the Bureau shall promptly, but not more than sixty (6 0) days following termination, turn over to the City
without charge all uncommitted Hotel Occupancy 'Tax Revenue as well as all other City contributed
revenues funds (including the balance of reserve fund) and all property purchased with Hotel Occupancy
Tax Revenue or the City provided funds and, upon request, shall assign to the City all contracts, rights
and, claims relating to the Work. Termination of this Agreement shall not impair the rights of the City
under state law, the Articles of hicorporation or Bylaws of the Bureau or under any other contract
between the City and the Bureau.
14.05. At the time this Agreement ends, whether by expiration or earlier ten-nination, the Bureau shall
surrender to the City all property and monies described under the Section pertaining to the Herd in the
manner prescri bed by subsection 14.04 for property and monies associated with hotel occupancy tax
revenues.
15.
INDEPENDENT CONTRACTOR
15.01. It is expressly understood and agreed that the Bureau shall operate as an independent contractor
in each and every respect hereunder and not as an agent, representative, or employee of the City. The
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 23 of 50
Bureau shall have the exclusive right to control all details and day-to-day operations relative to this
Agreement and shall be solely responsible for the acts and ornissions of 'Its officers agents,
servants,,
employees, contractors, subcontractors, licensees, and invitees. The Bureau acknowledges that the
doctrine of respond at superior will not apply as between the City and the Bureau, its officers, agents,
servants employees, contractors, subcontractors., licensee s, and invitees. The Bureau further agrees that
nothing in this Agreement will be construed as the creation of a partnershi p or joint enterprise between
the City and the Bureau.
15.02. The City is, not and shall not be liable l'or any of the Bureau's debts or obligations, including any
operating deficit that may arise. The Bureau shall not hold itself out as an agent of'the Cit y nor in any way
purport to bind the City with respect to any contract or other obligation.,
16.
INDEMNITY
16.01 THE BUREAU AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, AND HOLD
THE CITY, ITS OFFICERS, REPRESENTATIVES, AGENT$, SERVANTS,, AND EMPLOYEES,
11ARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS,,, ACTIONS, COSTS,
AND EXPENSES OF ANY KIND OR C11ARACTER, INCLUDING, BUT NOT LIMITED TO,
THOSE FOR PR OPER TY DA MA GE ORL OS SA NDIOR PERSONA L INJUR Y, INCL UDING, B UT
OT LIMI TED TO, DEA TH,, T T MA Y RELA TE TO, A IS 0 UT OF, OR BE 0 CCA SIONED
BY: (i) THE BUREAUS BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT; OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF THE BUREAU, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS (OTHER T THE CITY), OR SUBCONTRACTORS,, RELATED TO THIS
AGREEMENT OR THE PERFORA1ANCE OF THIS AGREEMENT, AND IN THE EVENT OF
JOINT AND CONCURRENT NEGLIGENCE OF BOTH THE BUREAU AND THE CITY,
RESPONSIBILIT Y,, IF ANY, SHA L L BE APPOR TIONED COMPA RA TI VEL Y IN A CCORDANCE
WITH THE LA WS OF THE STA TE OF TEXAS.
17.
REVIEW OF COUNSEL
17.01 The parties acknowledge that each party and its counsel have had the opportunity to review and
revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be empiloyed, in the interpretation of' this Agreenient or
exhibits hereto.
18.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 24 of 50
VENUE AND JURISDICTION
18.01. If any action, whether real or asserted, at law or in equity, arises on the basis, of any provision of
this Agreement, venue for such action shall lie iji state Courts located in Tarrant County,, Texas or 'the
United, States District Court for the Northern District of Texas — Fort Worth Division. This Agreement
shatl be construed in accordance!with-the laws of the State of Texas.
1
19,
BUREA'LJ ARTICLES OF INCORPORATION AND BYLAWS
19.01. The City shall have the right to approve any proposed changes to the, Bureau's Articles of
Mcorporation or Bylaws.
20.
NOTICES
20.01. All, notices required, or pen-nitted under this Agreement may be given to a party personally, by
fia,csilmilel or, by mail, addressed to such party at the address stated below or to such other a. tress as one
party may from time to time notify the other in wr iting. If inore than, one entity 'is named in this contract',
service, of any notice on any one of the entities all be deemed service on all entities. Any notice so
given shall be deemed to have been receive ' when deposited in the United States mail so addre ss,ed with
postage prepaid-,
CITY'. FOR"I"'WORTH CONVENTION AND
VISITORs BUREAU:
SLIsan Alanis, Assistant City Manager Robert Jarneson,
City of Fort Worth 11, 1 W.4th Street, #200
1000 Th roc kmorton Street Fort or 76102,
or Worth, Texas 76102 Facsimile Number-. 817-336-3282
Facsimile!'Numbler-, 817-392-6134
With copy to:
City Attorney
City of Fort 'Woi-th
10010 Throe ki-norton Street
Fart Worth,, Texas 76102
Facsirnile Number-. 817-871-8359
21.
CONTRACT ADMINISTRATION
21-011. This Agreement shall be administered by the City through its City Mana,ger's Office, auu 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 ma nag er, unless otherwise specified herein.
Professional services Agreement with the Fort Worth Convention and Visitors Bureau 25 of 50
yip
ro
The Bureau shall deliver to such City Manager or designated assistant city manager simultaneously a
copy of any notice required by this Agreement or such bylaws to be delivered to another City official.
22.
SUCCESSORS AND,ASSIGNS
22.01. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, executors., administrators', legal representatives, successors , and assigns, except as
I
other ise provided in this contract, their assigns.
23.
SEVERAB:ILITY
23.01. In case an one or more of the provisions contained in this Agreement are held to be invalid',,
y I
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 unentorcea,ble
provisions were never contained herein.
24.
COMPLIANCE WITH LAWS, ORDINANCES,RULES,AND REGULATIONS
24.01. This Agreement will be sub' all applicable federal, state, and local d' rules
subject to laws, or inances
and regulations, including, but not lin-lited to, all provisions of the City's Charter and ordinances, as
amended.
25.
GOVERNMENTAL POWERS
25.01. It is understood that by execution of this Agreement, the City does not waive or Surrender any of
its governmental powers.,
26.
CAPTIONS.
26.01. Captions and headings used in this Agreement are for reference purposes: only and shall not be
deemed a part of this Agreement.
27.
AMENDMENT
27.01. J"his Agreement can n-not be modified or amended without the written consent of all the parties
hereto and attached and made a part of this Agreement.
28.
FISCAL FUNDING OUT
Professional Services,Agreement with the Fort Worth Convention and Visitors Bureau 26 of 50
dN
2 .01. If, for any reason, at any time during any term of' this Agreement, -the City Council fails, to
appropriate funds sufficient for the City to ftilfill 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 Agq-eement.
29.
EXECUTION
29.01. This Contract may be executed in multiple counterparts, each of which will b e deemed an
4-
original, but which together will constitute one histrurnent.
30.
SIGNATURE AUTHORITY
30.01 The person signing this Agreement hereby warrants that he or she has the legal authority to
execute this Agreement on behalf of his or her respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully
entitled to rely on this warranty and representation in entering into this Agreement.
31.
ENTIRE AGREEMENT
31.011 This Agreement, including its exhibits,, attachments,and applicable City-approved Marketing Plan
and budgets, represents the entire agreement between the parties regarding, the subject matter hereof, and
there are not other representations, understandings, o r agreements between the parties relative to such
subject matter.
IN WITNESS' WHEREOF, the City of Fort Worth and the Fort Worth Convention and Visitors
Bureau have caused this Agreement to be e, 'icuted and delivered by their duly authorized representatives
►o , f in For Wirth, Tarrant Couny, Texas on ay 1'4 2013,.
CITY OF FORT WORTH, TEXAS 'FORT WORTH CONVENTION AND
VISIT SBUREAU
By I By
Ais Robleq
noes
,
Ji
( _-,�I' Usan lan
ssistant City Manager Presi,d&qt and `0
APPROVAL RECOMMENDED:
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 27 of 50
W
y
Kirk Slaughter
Director,Of PUblic Events
�o
ATTEST:
i
B
ary s e
APPROVED AS TO FORM AND LEGALITY:
By.
�a
N
Tyle . Wallach
Assistant City Attorney
ate �'e s
Professional Services Agreement with the,fort Worth Convention arid Visitors Bureau 28,of 50
Exhibit A
Operational Policies of the Herd
A.I. 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 101, 20,001),
A. Department Policy.- Photography Sessions for the Foil Worth Herd May 10, 2000)
A.51 Department Policy: Management and Utilization of Period Clothing and Accessories for Use in the
Fort Worth Herd Fro rare (February 2,20001)
A.,6 Department Policy: Daily Drive Delays and Cartcellations (January 1, 2001)
A.7 Department Policy.- Management of Accompanying hiders with Cattle Drives (February 1, 1999)
Professianal Services Agreement with the Fort Worth Convention and Visitors,Bureau 29 of 50
A.
Professional Set-vices Agreement with the Fort Wortli,Convention and Visitors Bureau 30 of 50
V11%,
uEPARTMENT POLICY
-11. 11 ........ .
PARKS AND COMMUNITY SERVICES
NAME OF POLICY. HUMANE TREATMENT OF
LIVESTOCK USED IN THE FORT page 1 of I
WORTH HERD PROGRAM
EFP*EC*1'1N7E DXf`E: February 1, 1999 Apps-oved by Directoj-
............
To establish a policy to govern the rrianage-nient and utilization of livestock(hors",and cattle),acqui.ed for Use in
ir
the Fort Worth Herd Prooram
11. Objective
A, A pararri punt;foal of the Program is the safe and,humane treatment of all livestock.
R To establish policy and criteria for persoms authorized to care for and manage livestock,
117. Pol,icV and to
A. Employees of the Fort Worth Herd,Prograrn are directly re-spotisible for the care,sa,fet ,and humane treatment
y
of all livestock(hOTSCS and cattle)Involved in the Program,
B, Such care includes feeding and,health maintenance which include woniling,vaccinations,hoof care,and
genera I we 11being,
C� Feed shall meet al I nu triti,onal requirenients io malinuun livestock-in good con,d-Mon
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 an regards,to appetite and general soundness. Any abrionnality 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 srhafl be cal-ledupon in a timely manner
G A clean supply of fresh water shall be avallablo,to animals in quantity to insure no animal is&ly stressed,
a
Particular attention shall be required in summer months,Winter months require water to ice free and of
temperature to insure adequate daily Intake.
R Any training of livestock dual]be done so as to ni intmize stress and reduce risk of injury to all ani.mals
involved.At no time will abwse of livestock he wlerated,either inw rut ional or fl-n-ougrh neo,lect or oversight,Any
allegations of same shall be immediately investigated by the Trail Boss and/or other supervisory personnel.If'
charges are substantiated,eniployee ihall be subject to disciplinary,,action.up to and including termination,
I At all time,all employees are to be are of safety and humane treatment of all liv"tock.Any employee is
expeQted to imniediately make known any,safety or humane factors involving livestock to the Trail.BOSS)or
appropriate supervisor
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 31 of 50
,Appi'm,e4i by the Paiks avii(A)mmuni,tv,Se;,4ve,vAch-1,-w?y Bo!at-d ot?Aprd 16�2000
A�jTroved by(70,-CortfilciZ A,4,,fC 01*42910,mi May Q,2000
Professional Services Agreement Nvith the Fort Worth Convention and Visitors Bureau 32 of 50
A.2
DEPARTMENT POLICY RORSE MANAGEMENT AND:USE
POLICY
PARKS AND COMMUNITY SERVICES
EFFEC"I"I'VE DATE.- Februan L 1999
page I of 2
Revised Febmary 2,2000
Approved by Director
1. rum` :
To establish a,polic),,-to Bern the managernent,-md utilization of"horses acquired for use in tile Fort
C7
14
Worth Herd Prograrn(the Pro grain:).
H. Obiectives,
A. The most iniportant goal of the Prograrn is the safe,-uid humanetreatment of the livestock.
Therefore,it is an objective of the,Program to ensure the appropriate irse and management of'
horses assigned to the Program.
B. 'I"o establish policy and criteria for persons authorized to ride,sit on and maintain the hors,es,
C. TO ensure that managenIC111 auid use of ProgTarn horses is in accordance with coverage provided
by outside insurance agencies.
HI. Policy Mandates:
A) Only employees of the City of Fort Worth associated with the Program,shall be allowed to tide.,
sit on or maintain the horses.
B) No employee,citizen.,docent or volunteer shall he allowed to ride or sit on a,horse at any time
without the expressed written authorization of the Parks and Com.munity Sem,ices 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 her o,Progrwn statTwill,provided referrals to licensed horse riding rental
operation.s. It shall be understood that the City does not endorse any of the refel.Tals and is not
liable for any actions..which may occur as the result of this referral. hi these instances,the
proposed rider shall he required to participate i n a one(1),hour training and assessnient session
prior to the event. The final deter raination on whether the proposed rider may tide,in the
event,will be the sole re.sponsibility of ffiel'Wgrani Trai I Boss.
D) In the evcnt 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 sliall riding or training occur on an ongoing basis for anyone not directly employed
as part ofthe Program.
Professional Services Agreernew with the Fort Worth Convention and Visitors Bureau 33 of 0
Dry ARTMENT 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 RIB,tip elected officials. tanifly meni,bers,business associates",friends or
acquaintatices sliall be allowed to ri(le or sit on any Pr grain horse at any time. 11ose wishing
to ride a horse mwt do so in accordance with Section 11L C.
(3) 'llie Prograin stall"shal I not l-)e requi,red to u.se or provide lor the use oftheir oNvn per n3
horses to acco tin odate riders.
H)
Pr gram horses are tht property or the City of Fort Worth and as such are sub Ject to all policies
and procedures goveming city-owned propetly.
1) Exceptions to this policy shall not occur.
Revised November 29,
7 1999
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 34 of 50
i
AM3
DEPARTMENT' POLICY
ON
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: SPECIAL APPEARANCE FEES FOR,
page I of 3
THE FORTWORTH HERD
To e trnbh'h a policy and fees for -lade]appearances by rn nlc r ,. nAnrnd live took ;soci ted with the Fort Worth
Herd F'r ngrnnm
jectives
A, The Fort XNTA:nrtln`lT rd l rrngrrnrnn rV C-S AS nihol of Fort Worth's,rn°oud beritne and ln:i to ry in,the cattle
industry and its rrn rnc.wt on the xroNvLh and clevl� 1c fnrnnent Of the Clity In addiltion to co nd uctinna daifv cattle
dries in the'l-tisaorle,Stockyards,Disr c,the Parks and Coinmunity Services Department has establisbed
StrLnCtn r.for conducting special appearances of the-F rt Worth ere to further proinote this legacy.
3. To e t blish a fee structure fi-lr special events that w j'.11 generate r rnue for the educiationai,promotional
and/or other coniponents of the program,
7, To ensure tent,qw cnrnl appearailces are conducted t„ d in a way as to not irnteT re°with the nrrrnrnr y l rogra,rrn of
III, Pollcv kkin&ates
A Special events and appearances require faro approval by the Department Head. Requests for special
event and appearances rnnu t be received sixty(60)days prior to the event.
D, Request t for appearances must be in writing and should contain the follovving information.
I Date,t,nnne and location of event.
urrnb r of;trrffand livestock requested
3, A brief description and lw cn c-of the ev rat
4) Contact person and phone number
' Ifthe event or appearance requires livestock rndior equipment,the Cit f Fort Worth r q it a certificate
of irn urrnrnce for e-nrnrnnereitnl general liabilit y,which provides cndil y nn'ur ,and propert y d nia e coverage
at linnnrt rncnt lass thann 1.0n.0,0001 e nrrnbirned Sinn ie l nnnit per OCCUrrn nnc .:'he(."*it of Fort Worth and the
official support group shall be nrnrnned as,additional insured on the certificate.li ting the date(s)and location
of the event,
D. The Fon Worth ` rd office rriustrecelve,ffie insurtance ceftificate at 1 wt t °ee busirwss dalys prior to,
the,eµent.
E Reque,,;ts fear,appeararice s or xer l e v aims Nvill,'be booked on a,first eornie,finst:,servt basis, The 1'ublin;;
Education Specialistfor ffie Fort Worth Herd A i11 he responsible for maintaining,appearance aiul event
schedules.
me
IV F e Structure
Fe c are mo rn-nen n~ntlnnble and dame thirty (,"n d ry Earner to the event. Failure to receive fele b y tlne deadline
will result in ennrn ellnnt on of the event or nil e rrnn e.
Professional fe sional er iecs A r ernnernt with the Fort Worth Convention and Visitors Bureau 35 of 50
DEPARTMENT POLICY
PARKS AND COMMUNITY S"""'EKES
NAME OF POLICY: SPECIAL APPEARANCE FEES FOR
FORT WORTH HERD page 2 of
EFFECTIVE DATE: May 10.,2000 Approved by Director
r �, os recovery c s supports
� are struactured tca ,�lc�av ter f�t,al� drrect �.� � pleas ararrcr«u,ant fleet �e
educational.promotional and)'Or other components cif"the program- They are as fcaltc ws-
Staff normal working he urs 20.1person,/hear
Staff(after hours) 0/persorr)hcau;ur
Livestock 0/anarmal
Deliver y and Setup Wt
A.dministratiOn 2o?.,25 f"tcatuul direct costs
Appearance fee(non-profit)
Appearance.fee(for-profit) 00
C. Any event or appearance requesting livestock will require that two paid staff a.ccerrapany the livestock for
handling puq)oses, All everts acrd appearances will be booked i one hour increments wi.th a two hour
m inimu m, Travel ti,tne to and from the event will he included in the fee, The delivery and set-up charge
applies t o events and appearances within to thirty f;30 mile radians of:the FortWorth Stockyards. For events,
outside the that. X30 mile radius an additional charge ofS2.00 per.coach additional mile will he added.
Travel is liaaaited to Tarrant and theactjoining counties unless approved by the Director of the Parks,and
Community Services Departaient,
D, Non-profit rates apple to those org aniztrticans registered with the Internal Rev ena.ue Service as a 501-('3.
K All fees will he collected by the"Outriders",the official,support group for the Fort 1AT rth Herd. The
"Outriders"will reimburse the City for all direct coasts including administration, The remaining funds will
he used to sa..upp oil the educatiena4prcmofi n l and/or ether-components of the program. The Director lW
the l arLs and Cornet c ty Services Deparbilent must approve expenditure of the remaining,funds.
:F Salaried personnel are available at no cost for presentations to civic rand business,,gro ups,Outlining details oaf"
the program,
'. `aneellr-at onµs
A. When the regUest r chooses to cancel an appearance or event,a letter detailing the reason for the
cancellation Must he submitted to the Fort Worth Berd ffice as soon,as the decision as made.
B. If the event is,cancelled due to inclement weather or for personal nal reasu ns,r. .,death or illness,the event
holder has thirt y(30)days to request a refund. This request ma y he:subm fitted to the Fort Worth Fferd
()ffice in writing or by�hone call.
tvM",
Cancellation refunds are as follows;
'fen business, clays or more prior to the mlent R.efund " �,o of flee
t.css than t en lausiness cla ys Refund t.r,,Dof fee
Cancelled due,to inclement weather Reschedule or refund 75%of fee
Event holder shall c, mpl y with all Federal State and local haws,regul;at.ion;s and ordinances, In the event any law
regu.a,lation,or ordinance becomes effecti ve after the approval of the Parks and Community ervices Department.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 36 of 50
TDIEPARTMENT POLICY
..........
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: SPECIAL APPEARANCE FEES FOR
FORT WORTH HERD page 3 of 3
Eff ECTIVE DATE: May 10,201.X) Approved b," it-ector
(P.-'\CSD) licy-the Event Holder is reqwred to comply with the new policy Any mandates requiringy the City,to
comply with the new 6yuidelines will a1so i-equire the R,'W'SD to comply
The,Director of the PACSD re rves the riLffit to deny appearances by the Fort Worth Ilerd to any requesting entity
at hisiher sole discretion. 'I'he only exception to this policy include events for the Souffiwestern Exp.ostition,-ind
Livestock Show and qualified events sponsored by the Fort Wor-th Convention and Visitors,Btreau and the His-t. ric
Fort Worth Stockyarcts.
,4PProvedky the Parks wid Communify.50-vices,Achisoty Bow-d onilphl IS,2000
App?-ov(-.,d by Ci�y Cout,64 M&C"G12'910,onA.Iaj?9,2'000
Professional Services Agreenient with the Fort Worth Convention and Visitors Bureau 37 of 50
A.4
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES
NAME OF:POLICY.- PHOTOGRAPHY SESSIONS FOR
THE FORT WORTH HE page I of 1,
EF14'ECTIVE DATE: ?\Ifav I 0;g 2000 Approved by Director
.............. ........................ ..............
To establisha policyand fees for photo aphy sessions bly eniploy,ees and livestock a-s-a)dated wilh,the.Fort Worth
Herd Program
M Ob]ecfives
N 'I'he Fort Worth lierd prograin serves as a symbol of 1,*ort Worlia's proud heritage and history in the cattle
industry and its is ipact on t1ie growth and development of the,City. In addition to conducting daily cattle
drive,;,in the historic Stockyards District,the Parksand(.onimu nit y Service,%Department has established a.
structure for photography sessions of the Fort Worth Herd to further promote this legacy.
R To establish to fee structure for ph.otograph-ywssl(yris tluit will generate revenue for the educational,
promotional and/or other components of the program,
7 — , -e that I)hc)t(�g,raphv.<�,e.,;,-,-,ions are conducted in a way as to,not interfere with the I-.),riniary progTamof
.1 o erasure
daily drives,
111 policy Mandates
A. ks a matter of course,no fees or use restrictions for photographs of the Fort Worth Rerd livestock aridior staff
will be assessed for photography t,l-mt does not interfere with the operations and schedule of the daily cattle
drives,
B. Photography sessions that require the dedicated presence of-,�.�taff and livestock off site shall be sulk ect to the
Fort Worth Herd Special Appearance policy and its fees,
C. Photogj'aphy sessioris that require the dedicated presence of"staff but are held on site In the Stockyard,.,,during
normal working hours are eara
subject only to an appnce fee of$50()for profit and$250 for rwri-profit.
W
D. Photography sessions that require the dedicated presence of staff and livestock shall take place primardy
between the hours of 8 am tf.)10 am:or I pm to 3 pm seven days a week. Photography sessions held before 8
an or after 5 pm are permitted in accoakince with the Special Appearance Polic y rand it';fees,
E, Photographs anus t be used an:such a way than they portray the city of Fort Wor th and Fort W orth Herd I iv estock
a
and staff in a positivemanner JndividUals and organiza.tions wil,l be required to sign a written agreement that
states that,they will not imply any type of endorsement by the Fort Worth[lend or the City of Fort Worth.
F, The Director oftbe PACSD reserves,the right to deny photography sessions with the Fort Worth Herd to any
requesting,entity at his/her sole discretion,C�Me,only exception to this policy is qualified photography sessiolls
sponsored by the,Historic Fort Worth Stockyards,the Southwestern Exposition and Livestock Show and the
Fort Worth Convention and Visitors Bureau,,
CT The Special Appearance Policy is attached hereto and incorporated herein.
A
roved by the Park- nci("'onimumn,'"ei,-Oces,4tivisoi-v Board on,,IptIl 18,2000
PP
A PP o-v d by City,Coun c!4 SAM,-C 2910,on...ilav 9,2000
Professional Services Agreement with the Foil,Worth Convention and Visitors Bureau 38 of 50
A.5
DEPARTMENT POLICY HOlRSE MANAGEMENT AND USE
POLICY
PARKS AND COIF MU!NI'TY SERVICES
I
EFFE("TIVE 1.)Xrb,,-� FebrLian, 1. 199,9
Ipage I (of 2
Revised Februat-312,2000
Approved bly Dlr(i-tor
..........................
1. Pumose.,
To eta blisli,a policy to:go-vern the management and wilization of horses acquired for use in the Fort
zi
Worth Herd Program(the Program).
11. 0bjectiv1%.-,,,,.
A. 'nie most important goal of the 11rograms is the sak and hutnane treatment of the li-vestock.
Therefore,it is an objective of the Program to ensure the appropriate use and manageinent of
horses assigned to the l)rogram.
B. Jo establish policy and criteria for persons authorized to nae,sit on and maintain the homes.
C. To ensure that management tuid use of Program horses is in accordance with coverage provided
by outside insurance agencies.
ITL Policy Mandates:
A) 0n1v employees ofthe City of'Fort Worth associated with the Progam shall be allowed to ride
W I It
sit on or mainlain the horses.
13) No employee,citizen,docent or volunteer shall be a]lo,�Nred,to ride or sit on a.horse at anytime
without the expressed written authorization of the Parrs and Comminlitv Services Department.
Director,
C) For an individuals who according to Section III B and III F may not be allowed to ride or sit
on a Prograrn horso,Progrwn staff will provided refen-a1s,to licensed horse riding rental
operations. It shall be understood that the City doles,not endorse any of the ret*otTals,and is not
liable for any actions,wffichniay occur as the result of this referral. In these instances.the
proposed rider shall be required to participate in a one(I)hour training and assessnietit session
prior to the eArent. The,final determination on whether the proposed rider nitay ride,in the
eventl will be the sole responsibility of the llro�ram"frail Boss.
D) In the event an I tild iv id ual.is approved to ride in an e vent.a waiver of 1:i abi fity to the City of
Fort Worth and the Program shall be required at least,three days prior to the ever t.
V
E) 'In no event shall riding or training occur on an ongoing basis for anyone not directly emploved
as part of die Prog rain.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 39 of 50
DEPARTMENT POLICY
..............
PARKS AND COMMUNITY SERVICES
NAME OF POLICY: HORSE MANAGEMENT ANDUSE
POLICY page 2 of 2
EFFEC,f IVE DATE.- Appi-oved by Directot-
F) As part of Section 111131.no elec-ted off-icials. family meni,bers',business to'-sociates,friends or
acquaintmices shall be allowed to ride or sit on any Prograni hor.se.at any lime. 'Ili,osc wisbing
to rid o a horse must do so in a.ccordame with Section 111. C.
G-) 'llie Program staff shall not be required to use or provide f')r the use of their own personal
hors,es to accommod,ale ri'ders.
H) Program borses are the property of the City 07 Fort Worth and as SUCh zu-e su jed to all policies
and procedures governing city-owned pro part:y.
Exceptions-to this policys-hall not occur.
Revised November 29, 1999
Professional Services Agreement with the Fort Worth Convention,and Visitors Bureall 4 0 of 50
A.6
DEPARTMENT POLICY
E-
PARKS AND COMMUNITY SERVICES
NAME OF POLICY-, DAILY DRIVE DELAYS A,ND
CANCEL.LATIONS page I of 2
EtTECTIVE DATE: Januan,, 1,'210'.)1 Approved by Dii-ector
-purpose
It is the intent of the Fort Worth Herd to conduct cattle drives in the Historic Fort Worth
to yards each day at 11:30 a.m. and 4.-00 p,m On occasioji. inclement weather factors could
jeopardize the safety of the viewing public.staff',and livestock. This policy outlines eoedit nS
for which the daily drive could be delayed or even cancelled.
,Conditions to Consider
1. Freezing rain,sleet orsnow renderingtlie street surface icy.
2. '11unders tons is with liglitning,heavy rains and.or hail.
3. Tornado,volamings isossued for T(arr.,cult COL111tV.
4. Extrernely low tern,peratures,and wind chill factors where prolonged exposure is not ad-vised.
Procedures
1. Tli e Trail Boss gar Top Fl an d inn charge will in on it or fore c asts frot n t,h e N at i on a-1 W eath e r
Service to detennine it"impend�ig weather conditions could cause the drive to,be delayed or
ct-weefled.
2. If possible.the decision to delay or cancel the drive should be made by 9:00 am.however,
the"frail Boss,or Top Hand in charge h& authority to delay or cancel the,drive:at anytitne.
3. When the decision is made to,delay or cancel the drive,-die proper signagle should be
displayed infoinfing the viewing public. The Trail Boss or Top Hand in loge shall contact
the following by phone:
0 Immediate Supenisor
Stockyards Station
StoQk yard s Visitors Center
Fort Worth C invention and, Visitors Bair au
Fort Worth Police Departniegut Mounted Patrol
4. Options in lieu of the daily drive include moving the cattle to Covet Coliseum for display
and interaction with the viewing public. Ibis option reqtiin prior approval from C
Coliscum inanagenient.
Professional Services Agreement with the Fort Worth Convention and Visitors Bureau 41 of 50
DEPARTMENT POLICY
PARKS AND COMMUNITY SERVICES,
NAME OFPOL,ICY,-, DAILY DRIVE DELAYS AND
CANCE,LLATIONS page 2,of 2
EFFECTIVE DATE.- Janll,'Iry Approved by Dh-ector
5 11
Tile aliove conditions could also affect street inter-ction. Tae Trail B� s or Top, an ill
charge shall detemine when it is appropriat,�to limit interaction on the street.
6. 'nie decis,ion to delay orcancel the drive rests with the Trail Boss or Top Hand in charge
inclusive or exclusive of any conditions set fortli above.
Professional Services Agreement with the Fort Worth Convention and Vi tour Bureau 42 of 50
MNIA'
A.7
DEPART POLICY ��ii -- -, --- '', ............
PARKS AND COMMUNITY SERVICES
NAME OF POLICY. MANAGEMENT OF
ACCOMPANYING RIDERS-WITH page I of 2
CATTLE DRIVES
EF 1 CTTVE DATE.-, February,1,1999 Approved by Dl recetor
To establish a policy to,govern the management of accompanying riders in conjunction with cattle drives of the Fort
`worth Herd program.
11. Objectives
A. The most important goal of the program is the safety of the people and property and the humane treatment
of the livestock.Therefore,it is an objective of the Program to insure effective management of any riders
that desire to accompany the cattle drives.
B. To establish policy and criteria for persons authorized to accompany any catty drive.
Ill, Policy Mgpd tees
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
p y Department Director,
the expressed written authorization of the Parks and Community services�e
C. From time to time,special events or programs may call for trailing of cattle by an employee of the City of Port
Worth,not directly related to the Program and/or an elected or appointed official or official guest or d�ignitary 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 sale responsibility of the program Trail Boss,
D. In the evert 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..
FM 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 e Parks and Community Services,4dvisor y Board on.4p,ril 18,2000
.,I prr�^ "i rm il��' � ;-f 910,on,�f , X000
Professional Services Agreement with the Fort Worth Convention and"visitors Bureau 43 of 50
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Exhibit C
Trademark for Herd Logo
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fT WR
Reg.No.31992,0820 CATTY OF FO T ""ORTH(TEX AS NOME TtU1..E MUNJC I PA L C ORPO RAT"10N)
1000 TH ROCKMOR T'Cw N STTLF'Er
Registered July 12,2011 FORT"WORM TIC 76102
Int,Cl.: 25 F W CLOTHING ITEMS,NAMELY,ELY,T-SHIRTS.SWEATSHIRTS.CAPS,SHORTS,SCARVES.
TIES AND JAC TS.IN CLASS 25(U,S.C LS.22 AND 39),
DENIARK FIRST USE 6-0-19";IN COMMERCE 6-0-1999,
PRINCIPAL REGISTER OWN R CAF LJ.S.1tEGC OS 2.404,808 AND 2.4,37 M 5 19
NO C LAIM1 IS M A DE TOT 1E EX CLUS IVE RTGHT"TTO USE,*F0RT'wORTH".AT ART FRONT
THE MARK AS SHOWN,
THE MARK CONSISTS OF A FANCIFUL REPRESENTATION OF A CATTLE BRAND
COMPRISING TH IE UETT"FT ,,,,"IN C""O1'u"BINAT'TON WITH A BACKWARDS LETTER'T".
ABOVE THE ST LIZED WORDING"FORT WORTH H HT.T1 D".
SER,NO 85-165.95'7 FILED 11-1-20,10.
DAWN HAN FXP►1 T1NING'A"TOC NEB"
a
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Y
Professional Services Agreement with the Fort Worth Convention and Visitors ureau 47 of 50
rOAT WOBT9 H B
Word Mark FORT WORTH HERD
Goods and IC 035. US, 100, 10,1 102. G & S: Promoting the ecaraaom,ic development in Fort Worth of
Services tourism, culture, and crafts. FIRST"USE: 19990600. FIRST USE IN COMMERCE..
1999!0600
Clark Drawing 3 DESIGN 'PLUS WORDS, LETTERS AND/OR NUMBERS
Code
Design Search 03.13.03- Horns of animal along riot art f heads antlers
Code a
Serial Number 75637100
Filing Data I'ahruar 10,, 1999
Current Basis 1
Original Filing 1B
Basis
Published for
Opp��rtr�r� December 7, 1999
Registration 2404808
Number
Registration Date November 14, 20010
Owner (REGISTRANT) City of Fort Worth, The HOME-RUBLE MUNICIPAL CORPORATION,
TEXAS 10100 hrock,mortonu Street Fort Worths TEXAS 761
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE 'FORT WORTH"APART'
FROM THE MARK AS SHOWN
Description of The design consists of a fanciful representation of a cattle brand comprising the latter 11W11
Mark in combination with a backwards"F
Type of Murk SERVICE MARK
Register PRINCIPAL
CIPAL
Affidavit Text SECT 15. SECT 8 (6-YR),. SECTION 10-YR 2010 1 014.
Renewal 1ST RENEWAL 201 1014
Professional Services Agreement with the Fort Worth Convention n nd"visitors Bureau 48 of 50
Exhibit D
'Insurance
I Bureau will maintain coverage in the form of insurance or bond in the amOUnt of$ 511001000.00
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.7 such fidelity coverage shall include a rider stating that reimbursement for ally loss or
losses shall name the City as a Loss Payee.
2. Bureau shall furnish to City in a timely manner, but no t 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 full wind coverages and lirnits thereof:
a. Conimericial General Lid4i�A:9L -ance
Insur
$500,0001 each occurrence
ii. $1,000,000 aggregate limit
b. Professional Liab -—Errors & Om-iss ions
i. $1,000,000 Each Occurrence
ii L
.000,00,0 Annual Aggregate imit
$,I
C. Business Automobile Liability In�uran�qe
i. $j,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. Woirkers' 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) $500,0100 disease-policy limit
4. Additional Reouirements
a. Such insurance amounts shall be revised upward at City's reasonable option and no n1 re
frequently than once every 12 months, and Bureau shall revise such arnounts, within thirty (30)
days following notice to Bureau of such requirements.
Professional services Agreement with the Fort Worth Convention and Visitors Bureau 49 of 50
A(
b. Bureau will submit to City documentation that it has of 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. he Workers' Compensation hisurance policy shall be endorsed to include a waiver of'
subrogation, also referred to as, a waiver off`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 ap licab�le. In the event the respective contractors do not maintain
p 11
coverage, Bureau shall maintain the coverage on such contractor, if applicable, for each
applical le! contract.
e. Any failure on part of City to request cerlificate(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' Bureati'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 minitnurn A.M. Best Key Rating Guide
rating of A-- VII or other equivalent insurance industry standard rating otherwise approved by
city.
9• Deductible limits on insurance policies shall not exceed $5,0oO per occurrence unless
otherwise approved by City.
h. In the event there are any local, federal or other regulatory insurance or bonding
requirements for Bureau's operat'lo and d such requirements exceed those specified herein the
,,
former shall prevail.
im. Bureau shall require its sub�co ntractors 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 SUCII 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.
i. Professional, Liability coverage shall be in force and may be provided on a claim's made
blasis. This coverage may also be referred to as Management Liability, and shall protect the
insured against claims arising out of alleged errors i judgment, breaches of duty and wrongful
acts arising out of their management duties.
Professional Services Agreement with the Fort Worth Convention and Visitors,Bureau 50 of 50