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HomeMy WebLinkAbout27626-05-2025 - City Council - OrdinanceOrdinance No. 27626-05-2025 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE CULTURE AND TOURISM FUND OF THE PUBLIC EVENTS DEPARTMENT, IN THE AMOUT OF $875,920.00 BY INCREASING CONTRIBUTIONS FROM OTHERS IN THE AMOUNT OF $247,282.00 AND USE OF FUND BALANCE IN THE AMOUNT OF $628,638.00, FOR THE PURPOSE OF FUNDING UNEXPECTED OPERATING EXPENSES AT THE FORT WORTH CONVENTION CENTER AND WILL ROGERS MEMORIAL CENTER; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2024-2025 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Culture and Tourism Fund of the Public Events Department, in the amount of $875,920.00 by increasing Contributions from Others in the amount of $247,282.00 and Use of Fund Balance in the amount of $628,638.00, for the purpose of funding unexpected operating expenses at the Fort Worth Convention Center and Will Rogers Memorial Center. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 27107-09-2024 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY Jannette S. Goodall Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: May 13, 2025 INTEROFFICE MEMO EMERGENCY PURCHASE Over $100,000 To: Jesica McEachern, Assistant City Manager From: Michael E. Crum, Department Director -Public Events Date: February 21, 2025 Subject: Portable Arena Panels and Gates The $47 million Coliseum Concourse renovation, scheduled in conjunction with the Burnett Stall Project, has required the Will Rogers Memorial Center complex to be flexible and to utilize the other buildings at WRMC in new and different ways. The newly renovated Sheep and Swine Barns provide additional horse show support spaces. The WRMC staff has identified that it is necessary to construct a temporary dirt arena in the Sheep Barn to support the horse shows contracted at WRMC through the 2025 calendar year season. To do this, the WRMC staff requires additional livestock handling bases, panels and gates beyond our current capacity. These bases, panels, and gates are specifically manufactured for the Sheep Barn space to create a safe riding and exercise arena for horses and attendees. The cost of this emergency procurement is $124,920. Chapter 2, Article I, Section 2-9 at (9) of the City's Code of Ordinances and Section 252.022 of the Local Government Code exempts from normal bidding requirements expenditures that are necessary to preserve or protect the city's property and the public health or safety of the municipality's residents. APPROVED FOR EMERGENCY PROCUREMENT: Recommended: Approved by Assistant City Manager: Michael Crum (Feb 21, 2025 16:52 CST) Michael E. Crum, Department Director -Public Events Jesica McEachern, Assistant City Manager Approved to Legality: Approved by Purchasing: Taylor Paris, Sr Assistant City Attorney Brandy Hazel, Senior Purchasing Manager Taylor Paris Digitally signed by Taylor Paris Date: 2025.03.13 10:51:03 -05'00' ORDER TYPE:Quote IF BID, BID DUE DATE: DATE:02/07/25 BILL TO (data prefills upon selection of existing Customer ID above):SHIP TO: BUSINESS NAME NAME MAIN CONTACT ADDRESS ADDRESS CITY/STATE/ZIP TX 76107 CITY / STATE PHONE / EMAIL ZIP / PHONE 76107 Customer PO Shipping Method Shipping Terms Payment Terms Req Delivery Date Qty Wt Ea Wt Tot Retail Unit Price Extended Total 75 715.00$ 53,625.00$ 75 1,185.00$ 88,875.00$ 5 1,795.00$ 8,975.00$ - - - - Qty Total 155 Retail Subtotal 151,475.00$ 1. Product that is Hot-Dip Galvanized ("HDG"); charge listed separately at right.Hot-Dip Galvanize Charge Retail Total 151,475.00$ Discount % Discount - Discounted Subtotal 151,475.00$ Non-Discounted Charges (memo in box at left)(29,355.00) If sales tax applies, enter Sales Tax Rate % Sales Tax - Freight Quote #T801839 Freight, subject to change 2,800.00 Total 124,920.00$ ORDER NOTES (Please enter in box below): Email this quote or order form to customers and/or dealers in PDF format only.Revised April 9, 2020 Paint Charges: Non-Standard Set-Up Fee & Powder Coat Charge 817-392-2599 Email orders to: orders@wwmanufacturing.com Customer ID: - Approximate Weight Total B SANDERS Sales Rep 817-392-2599 FT Worth FT Worth, TX ALL PRODUCT OTHER THAN PANEL BASE WILL BE POWDERCOATED WW GRAY. ORDER WILL NEED TO BE PLACED BY NOON ON FRIDAY FEBRUARY 14 TO MEET DELIVERY DEADLINE. 50% DUE WITHIN 78DAYS OF ORDER, REMAINIG 50% DUE BEFORE SHIPMENT Add 3% processing fee to the Total if paying by credit card. Sales of varying discount %s (e.g. BoarBuster, BuzzKill, HD EZ-Lift, etc.) MUST be entered on a separate sales order. 2. Product powder coated in other than the colors on Powder Coat Pricing Schedule. List non- standard color(s) clearly above and/or in Order Notes below; charge listed at right. 3. All non-standard product (i.e. specials)…this pricing will be built into retail prices above. Call for Pricing on the following items: Has product racking necessary to ship the product been considered? Begin with NEW TEMPLATE with each new sales quote or order Public Event Department- Will Rogers Memorial Center Allison McNamara 3401 West Lancaster Requested Ship From: Pricing and terms are good for 30 days from the earlier of Date above or date document is emailed or delivered to customer, unless otherwise agreed to in writing. Public Event Department- Will Rogers Memorial Center 3401 West Lancaster allison.mcnamara@fortworthtexas.gov Customers claiming tax exemption must provide proof prior to sale. Enter TAX EXEMPTION # in box at right. 8333-000-201 10' Panel Base (With Fill) 8333-710-SPEC Arena Panel 7x10 (Plastic 4 Rails Up) 3314-710-SPEC HPG CLASSIC 510-9'6" Arena Panel Hook up Part # and Description CHECK BOX IF NEW CUSTOMER CHECK BOX IF "SHIP TO" ADDRESS IS SAME AS "BILL TO" Signature: Email:''$.*)ѵE-ҽ!*-/2*-/@/ 3.ѵ"*1 Signature: Email: -9FQѵ&9R Dҽ!G-LOG-L#L P9Kѵ?GN INTEROFFICE MEMO EMERGENCY PURCHASE To: Brandy Hazel, Chief Procurement Officer From: Mike Crum, Department Director - Public Events 0" AWA Date: March 5, 2025 Subject: Emergency Expense — Hero Rentals The Will Rogers Memorial Center (WRMC) consists of 17 buildings on 120 acres West of downtown Fort Worth. The original buildings of the WRMC complex; the Coliseum, Auditorium, and Pioneer Tower were constructed in 1936. Renovation of the original Coliseum has started and, through a Master Services Agreement with Event Facilities Fort Worth, will continue through calendar year 2025. Due to these needed renovations, numerous contracted events are shifting their rented spaces and alternating their show schedules to accommodate a full closure of the Coliseum from March 17, 2025 through December 2025. Events such as the American Paint Horse Association World Championship, the National Cutting Horse Association Triple Crown events, the National Reined Cow Horse Association Snaffle Bit Futurity, the United States Team Roping Championships, the Southwest Reined Cow Horse Association Wild Rag Classic and Pre -Futurity, the Region 9 Arabian Horse Association Championships, and the Ranch Sorting World Finals have adjusted their events and the spaces used to accommodate the needed renovation of the Coliseum. In preparation to provide a safe environment for the above equestrian events, the WRMC team has identified portable conditioned air units to supply the Equestrian Multi -Purpose Building (EQMP). The EQMP is an unconditioned two -level parking garage structure that is converted into horse stalls and practice arenas mid -February through December every year. With the loss of the Coliseum as a conditioned show arena and exercise space, it was recognized that temporary conditioned air units would ensure a safe riding arena and horse stalling space in the EQMP for both exhibitors and equine athletes. The full scope of the Coliseum renovation was unknown at the time the FY25 budget was developed. The total cost of portable conditioned air units for March 2025 through October 2025 is up to $325,000. Hero Rentals was the chosen supplier as the City has a rental contract with them already. Chapter 2, Article I, Section 2-9 at (9) of the City's Code of Ordinances and Section 252.022 of the Local Government Code exempts from normal bidding requirements expenditures that are necessary to preserve or protect the city's property and the public health or safety of the municipality's residents. APPROVED FOR EMERGENCY PROCUREMENT: Recommended: Midiael Crom (Mai-7.202515:18 CST) Mike Crum, Department Director — Public Events Approved As To Legality: Taylor � CC.. Paris, Senior Assistant City Attorney City Manager's Office: 00 � "—" Jesica McE�a�chern, Assistant City Manager Approved: �� `�^ Brandy Hazel, Chief Procurement Officer RESERVATION AND yerrc'Ren tc�laTM RENTAL CONTRACT * * COPY * BRANCH: 464 HERC DALLAS FTW PROSOLUTIONS 601 N GREAT SOUTHWEST PKWY ARLINGTON, TX 76011 817-625-5521 BILL TO CUSTOMER: 0118156 CITY OF FORT WORTH 200 TEXAS STREET FORT WORTH, TX 76102 Show R.A. Number on all Correspondence R.A. No. 56485493 SHIPPING ADDRESS EQUESTRIAN MULTI -PURPOSE 3401 W LANCASTER AVE FORT WORTH, TX 76107 817-524-9756 Page 1 of 3 DESCRIPTION/CHARGES EST START: 3/03/25 13:00 EST RETURN: 10/25/25 13:00 DROP DATE: SHIPPED BY: 54 ORDERED BY: TBD DROP TIME; ORDER DATE: 1128/25 SALESPERSON: 454 SALES COORDINATOR: RENTAL TAX CLAIM: MUNICIPAUCITY TAX DOCUMENT M 01-339 PO# / JOB/l: TBD / EQUESTRIAN MULTI-PUR NOTICE: THIS RENTAL AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, A RENTAL PROTECTION PLAN ("RPP") TO COVER YOUR RESPONSIBILITY FOR ACCIDENTAL DAMAGE TO THE EQUIPMENT OR VEHICLE. DETAILS OF RPP ARE ON OUR WEBSITE AT https://www.hercrentals.com/services/rpp-rental-protection-plan/terms-and-conditions.html. BEFORE DECIDING WHETHER TO PURCHASE RPP, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE EQUIPMENT OR VEHICLE. YOU WILL BE CHARGED RPP UNTIL YOU PROVIDE A CERTIFICATE OF INSURANCE IN ACCORDANCE WITH SECTION 8 OF THIS RENTAL AGREEMENT. Qty Equipment it Hrs/ Min Hour Day Week Month Amount 1 230 TON AIR COOLED CHILLER W PUMP B/ 2270.00 2270.00 6439.00 13000.00104000.00 7183065 2 140 TON VERT CHILLED WATER AIR HANDLER B/ 850.00 850.00 1560.00 4793.00 76688.00 7182660 8 FEMALE PIGTAIL 4/0 UNDER LOFT 8/ 3.00 3.00 8.00 20.00 1280.00 9400870 24 CABLE 4/0 50FT CAMLOCK 8/ 10.00 10.00 20.00 65.00 12480.00 9400815 2 PIGTAIL 2 FEMALE UNDER LOFT BANDED 8/ 11.00 11.00 21.00 30.00 480.00 9400571 10 CHILLER LOOP HOSE 41IX251 W/CAMLOCKS 8/ 30.00 30.00 60.00 90.00 7200.00 7792405 CONTINUED CAREFULLY READ THE TERMS AND CONDITIONS THAT APPEAR BELOW AND ON REVERSE SIDE OF THIS PAGE ("TERMS") RENTAL PROTECTION PLAN. Customer must either show proof of Properly Insurance as required in Section 8 on reverse side hereof or purchase Rental Protection Plan ('RPP-). Here Rentals [no. or Its affiliate ('Herd) n CUSTOMER MUST MAINTAIN THE PROPERTY INSURANCE COVERAGE REQUIRED BY PARAGRAPH S. PLEASE BE AWARE THAT IF CUSTOMER DOES NOT ELECT TO TAKE PPP AND IT ELECTS TO MAINTAIN PROPERTY INSURANCE COVERAGE, AND IF THE CERTIFICATE OF INSURANCE PROVIDED TO HERO TO EVIDENCE SUCH INSURANCE COVERAGE IS UNACCEPTABLE TO HERO OR THE APPLICABLE POLICIES EXPIRE, CUSTOMER AGREES THAT HERO MAY CHARGE RPP FOR ALL APPLICABLE RENTALS UNTIL SUCH TIME AS AN ACCEPTABLE AND VALID CERTIFICATE OF INSURANCE IS PROVIDED AND SUCH MATTERS ARE CORRECTED TO HERC'S REASONABLE SATISFACTION. NOTWITHSTANDING ANY NOTATION ON THE RENTAL RECORD, RPP IS NOT OFFERED ON OR AVAILABLE FOR THE RENTAL OF PASSENGER MOTOR VEHICLES AND CERTAIN OTHER EQUIPMENT LISTED ON HERC'S WEBSITE. A detailed dascripllon of teas and surcharges that may be ap Iiwbla to Customer's rental can be found on Herds THE EQUIPMENT IS RENTED BY HERO TO THE CUSTOMER PURSUANT TO THE TERMS. CUSTOMER webslle at hllps:/Avww.heraenlals.mnh/services-associated argges.hlml Customer agrees to pa , In addition to REPRESENTS HAVING READ AND AGREED TO SAME. all rental gtarges, an tees ano cnatges set torn aoove ane, hne rOu.mnq charges as applicable: (I) based on PARAGRAPH ON THE BACK OF THIS PAGE IS LIEU OF I ALL WARRANTIES, EXPRESS, IMPLIED OR Customer's possession end/or use of the EqulPmenl, all consumables, fees, licenses, present and future lazes and l ) any other governmental charges; ((I) additional charges for more than one shift use; (III) freight, delivery, pick up, IMPLIED WARRANTY OFF BUT N FLIMITED PARTICULAR THE IMPLIED WARRANTY ANDN ITY OF MERCHANTABILITY AND THE transportation charges; (Iv) transportation service surcharges; (v) repairs and teplacemenl per this contracl; (vq HERO TO CUSTOMER FOR DAMAGES. () ALL OBLIGATIONS ON THE PART OF cleaning charge for Equipment returned with excessive din, concrete and/or paint; (vli) fees for lost keys; (vili) refueling service charges; (Is) lines for use or dyed diesel fuel In on road Equipment; (x) preventative maintenance CUSTOMER WAIVES ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF charges; xi) emissions ands environmental surcharges and fees; (xil) vehicle license fees. HERO COLLECTS OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE RENTAL, MAINTENANCE, THESE F�ES AND CHARGES AS REVENUE AND USES THEM AT ITS DISCRETION. USE, OPERATION, STORAGE, ERECTION, DISMANTLING OR TRANSPORTATION OF THE EQUIPMENT. Customer Is obligated to return the Equipment In a good, dean, and uncontaminated condition, free of any and all hazardous substances. — 1 LPl mq ^Iliiili III II III i NFAPKKK4m. Terms are due upon receipt Not valid without Barcode _GRREAT Re DEALS on USED EQUIPMENT it visit us on-line at HerrccR Forentals.com I IIIIIIII III IIIIIIII IIIIIIIIIII IIIII I IIIIIII'lllllll (IIIIIIIIIIIII (IIIIIIII ow RESERVATION AND � CRe� tC��STM RENTAL CONTRACT * * copy** BRANCH: 464 HERC DALLAS FTW PROSOLUTIONS 601 N GREAT SOUTHWEST PKWY ARLINGTON, TX 76011 817-625-5521 BILL TO CUSTOMER: 0118156 CITY OF FORT WORTH 200 TEXAS STREET FORT WORTH, TX 76102 DESCRIPTION/CHARGES EST START: 3/03/25 13:00 EST RETURN: 10/25/25 13:00 SHIPPED BY: 54 ORDERED BY: TBD ORDER DATE: 1/28125 SALESPERSON: 454 RENTAL TAX CLAIM: MUNICIPAUCITY TAX DOCUMENT M 01-339 PO# I JOB#: TBD 1 EQUESTRIAN MULTI-PUR Qty Equipment $ Hrs/ Min Hour 8 CHILLER LOOP HOSE 41"X101 W/CAMLOCKS 8/ 17.00 7792401 36 HVAC INSULATED DUCTING WHT 20X25 6P 8/ 20.00 9254461 * * * Items are priced per piece * * * DELIVERY CHARGE PICKUP CHARGE Taxable Sub -total; 0.00 Show R.A. Number on all Correspondence R.A. No. 56485493 Page 2 of 3 SHIPPING ADDRESS EQUESTRIAN MULTI -PURPOSE 3401 W LANCASTER AVE FORT WORTH, TX 76107 817-524-9756 DROP DATE: Mar 17, 2025 DROP TIME: SALES COORDINATOR: Day Week Month Amount 17.00 50.00 100.00 6400.00 20.00 40.00 60.00 17280.00 1215.00 1215.00 Sub -total: 228238.00 Total: 228238.00 TO END RENTAL CHARGES, Customer must call the branch to obtain a release It or return in person by the time specified on the return date set forth above on this Rental Contract. Customer will receive a ninety (90) minute grace period ("Grace Period") to return each piece of equipment. Customer will be charged for an additional day of rental for each piece of Equipment that is not returned by the end of the Grace Period. Customer will be charged for an additional day of rental for each subsequent day until returned. CAREFULLY READ THE TERMS AND CONDITIONS THAT APPEAR BELOW AND ON REVERSE SIDE OF THIS PAGE ("TERMS"). RENTAL PROTECTION PLAN. Customer must either show proof of Property Insurance as required In Section 8 on reverse side hereof or purchase Rental Protection Plan ('RPP'). Hero Rentals Ina or Its affiliate ('Here) may offer RPP and pays Herc me HPr lee, inreturn Tor the HPP Tee, h at the time of me claim, HPP covers such repair or replacement, Hero agrees to waive u:Kam claims for accidental damages to or then or such covered Equipment occurring during normal and careful use. Customer remains liable (or all other damages as set forth in Ilia Terms. RPP IS NOT INSURANCE. TO THE EXTENT HERC DOES NOT OFFER RPP TO CUSTOMER, OR CUSTOMER DOES NOT ACCEPT RPP, CUSTOMER MUST MAINTAIN THE PROPERTY INSURANCE COVERAGE REQUIRED BY PARAGRAPH 8. PLEASE BE AWARE THAT IF CUSTOMER DOES NOT ELECT TO TAKE RPP AND IT ELECTS TO MAINTAIN PROPERTY INSURANCE COVERAGE, AND IF THE CERTIFICATE OF INSURANCE PROVIDED TO HERC TO EVIDENCE SUCH INSURANCE COVERAGE IS UNACCEPTABLE TO HERC OR THE APPLICABLE POLICIES EXPIRE, CUSTOMER AOREES THAT HERD MAY CHARGE RPP FOR ALL APPLICABLE RENTALS UNTIL SUCH TIME AS AN ACCEPTABLE AND VALID CERTIFICATE OF INSURANCE IS PROVIDED AND SUCH MATTERS ARE CORRECTED TO HERC'S REASONABLE SATISFACTION. NOTWITHSTANDING ANY NOTATION ON THE RENTAL RECORD, RPP IS NOT OFFERED ON OR AVAILABLE FOR THE RENTAL OF PASSENGER MOTOR VEHICLES AND CERTAIN OTHER EQUIPMENT LISTED ON HERC'S WEBSITE. A detailed desaiftlon of fees and surcharges that may be applicable to Customer's rental can be found on Herc's THE EQUIPMENT IS RENTED BY HERC TO THE CUSTOMER PURSUANT TO THE TERMS. CUSTOMER websile el htl�s• A'. IT rrrenlals.coant Tvices-assoel rt:charges.hlmi Customer agrees to pay, In addition to REPRESENTS HAVING READ AND AGREED TO SAME. all rental caarges, an Tees aria charges sm Ton" "hove aria, mo onovnng charges as applicable: (I basetl on PARAGRAPH dt ON THE BACK OF THIS PAGE IS IN LIEU OF i ALL WARRANTIES, EXPRESS, IMPLIED OR Customer's possession endfor use of the 1. merit, all consumabies, feat, licenses, present and future lazes and STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED)WARRANTY OF MERCHANTABILITY AND THE any other govemmenlai charges; In)-If"t onePcharges for more Ilhan one shift use; (III) freight, delivery, pick up, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; AND II ALL OBLIGATIONS ON THE PART OF be'eporldih n char.."; (lv) imnspa'lallon saMce surcharges; (v) repahs e.d,.placeMent per Ihls conuad; (d) HERC TO CUSTOMER FOR DAMAGES. ( ) cleaning charge for Equlpmenl returned with excessive did, concrete andlor pafnl; (WI) fees for lost keys; (vib) refueling seMca charges; (ix) toes for use of dyed diesel fuel in on road Equlpmenl; I. prevenlatve maintenance CUSTOMER WAIVES ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF charges; u emisslons endd anvironmenlal surcharges end fees; (xii) vehicle Ilcanse fees. HERC COLLECTS OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE RENTAL, MAINTENANCE, THESE F 3 AND CHARGES AS REVENUE AND USES THEM AT ITS DISCRETION. USE, OPERATION, STORAGE, ERECTION, DISMANTLING OR TRANSPORTATION OF THE EQUIPMENT, Customer Is obligated to return the Equipment In a good, clean, and uncontaminated condition, free of any and all hazardous substances � I I I I t oom Terms are due upon receipt Not valid without Barcode oommmFor GREAT DEALS on USED EQUIPMENT T�s on-line at Herc~ Is.com IIII IIII I IIII) IIIIIIIIIII IIIIIIIIIIIII I IIII IIIIIII IIIIIIIIIII IIIIIIIII (III RESERVATION AND RENTAL CONTRACT - HERC RENTALS INC. AND AFFILIATES ("HERC") This Agreement ('Agreement') Is for the rental of the veblcles and equipment and related seMcesdescnouter bed on the side of this page ('Front'), Including all pans of and attachments and accessories to such equipment ('Equipment"). This Agreement is between the customer Identified on the Front ('Customer') and Here. Both parties acknowledge that this Agreement consists of the terms written or printed on this page and the Front. tomer to use tile y 1. NATURE or THIS reement Is for the a rental which allows AT THE EQUIPMENT IS TO BE USED SOLELY AND EXCLUSIVELY FOpurpose BUSINESS OR COMMERCIAL PURPOSES. The EqulppsmenI is owneit by Hari Customment as er acknowlarrelited edgesthis thal no one other than Here may . CUSTOMER smnsfer oENTS r assign the Equipment or any rights or obligations under this Agreement. Neither Customer nor any Authorized Operators (as defined 6elovq are agents of Hero. No one may repair or alter the Equipment without Here's priorwritlen approval. Customer will not suffer any liens or encumbrances to attach to the Equipment and till defend, Indemnify, and hold Here harmless from all loss, liability, and expense by reason thereof. 2, WHO MAY OPERATE THE EQUIPMENT. Only Customer and the following persons With Customer's express permission, subject to the requirements of this Section, ('Authodzed Operators") may operate the Equipment: Customer's employer, employees, and fellow employees operating the Equipment In the course and scopPe of such employee's regular employment, and persons approved by Here In writing. Customer and all Authorized Operelors must: only use the Equipment In the course and snipe of Customer's or Customer's employer's regular business operations, hold a valid driver's license to operate a motor vehicle, he of legal age to operate the Equipment, be properly qualified and trained to operate the Equipment; and have a valid operator's license with respect to the Equipment vhere required by law, Customer is solely responsible for delermininy that the Authorized Operators have met the requirements of this Section and are properly qualified and trained to use the Equipment prior to operating the Equipment. Customer is solely responsible for limiting the use of the Equipment to Authorized Operators meeting the requirements of this Section and for the eels and omissions of any person that operates, uses, stores or moves the Equipment regardless of whether that person is an Authorized Operator. 3, RENTAL FEES AND OTHER CHARGES. Customer vAll payHere on demand to the address and byy the date specified in the applicable Invoice, all charges, Including without limitation, rental, time, mileage, serAw, transportation, refueling servicesurcharges, sales and use taxes, and lax reimbursements Imposed With respect to the Equipment and this Agreement, and all expenses, Including reasonable attorney's fees and costs Inmead In collecting same, all in accordance, with this Agreement. A detailed description of all fees and surcharges that may be applicable to Customer's rental can be found on Here's websile at IhllpsaAvww.hero¢orals.coMservices-assocatod-cmrpes.hlml , Customer must notily Here In veiling of any disputed charge vAlhin 30 days of receipt of such Invoice or Customer shall be deemed to have Inove"biy waived such disputed charge. The basic daily, weekly and 4-woek rental rates Will enillie Customer to a maximum of one -shift use (I e., a maximum of 8 hours per day, 40 hours per week; 160 hours per weeks). Use In excess of one shllt wit be payable at the hourly rate of 118 of the daily charge (for a daily rental), 1140 of the weekly charge (fora weekly rental) and 11160 of the 4-week charge (for a 4-week rental), plus epplicebie loxes. All charges are subject to final audit by Here. Here will have a Ilan as allowed bylaw for charges loaned hereunder upon the premises and Improvements upon which the Equipment Is employed. Rentals are F.O. the Here Branch unless otherwise specified. Shipping charges from such Branch to the Customer's destination and return and all loading, unloading, assembling and dismantling WII(be paid by Customer. All rates for rentals in excess of 4 weeks are subject to change on 30 days' wrillen notice to the Customer With respect to any portion of Ilia rental period then remaining. Charges not paid on time, as required by This Agreement, maybe suhJeU to a Isle payment fee as provided in this Agreement. Customer may also be charged a reasonable fee for any check used for payment hereunder that is returned unpaid. Customer agrees In the event of a default, that any deposit made by Customer shall be used by Hero for unpaid rent and other charges, damages and costs Incurred due to the default. 4. CUSTOMER'S RESPONSIBILITIES, Customer Is responsible to Here for all loss or eomage to the Equipment, and for its return In the some condition It was received, except for ordlnery year, and free crony hazardous materials and/or contaminants. Such responsibility is limited to the full value of the Equipment at the lime It is lost or damaged, less Its salvage value, plus any administrative fees and Here's related expenses, such as loss of use, appraisal fees or recovery costs ('Full Value"). Tlhe Equipment must be returned to Here al the renting Here Branch by the Estimated Return Dale (EST RETURN) sppecifted on the Front, or sooner if demanded by Hera Customer must notify Here if It desires to change ilia EST RETURN for all or same of Ito Equipment. Customer acknowledges That Il must confirm return receipt of the Equipment by Here at the expimlion or as lamination of the rental. Untl such lima as Hem receives actual possession of the Elf III, Cuslomer agrees to hold said Equipment in a safe and scare manner. The Equipment will be used and kept only al Customer's place of business or the job site at Witch the Equipment Is used and will not be moved without the prior veillon consent of Herc. The Equipment will be used only in accordance with the manufacturer shell. ions vAlhle Its rated rapaclly. Cuslomen•All perform or cause to be performed and pay for all normal periodic and other basic seMce, adjus[menis and lubrication of the Equlpmenl Including but not limited to: cheering of the Equipment before each shah; cheering and maintaining crankcase, transmission, cooling and Iluid systems daily, and chackJng If Or and battery If and charge levels weakly. ft Iho Equlpmenl falls to operate property or becomes In need of repair, Customer will Immediately cease using same and will Immediately notify Herc. Customer Is solely responsible for providing a scare end safe vrork an for all ponies, Including Herc and its employees, and for onsudng that [he possession, storage, use and operation of the Equipment Is ceried out in compliance with applicable lavrs and Industry standards, (Including but not Ilmfled to those relating to W. at safety and the environment). Customer is solely responsible for supervising the use end operation of the Equlpmenl to ensure it Is used in accordance vAth manufacturer Instructions for proper operation and safety, for onsudng that the Equlpmen[ is proper for Customer's Intended use and environment, and for ensuring users of the Equlpmenl are qualified, Iralned, and farnlliar with the Equipment. 5. RISK OF LOSS. All loss of or damage to the Equipment from any cause whalsoeverwhile on rental and whether of not due to the fault of Customer, including, but not limited to, fire, flood, theft, comprehensive losses, collision and to, and Acts of God, will he the sole responsibility of Customer and will be paid to Here promptly upon Customer's receipt of an Invoice therefor. Such responsibility is limited to the Full Value of the Equipment at Ilia time it is lost or damaged. THE COST OF LABOR FOR REPAIRS WILL BE EITHER HERC'S THEN PREVAILING HOURLY RATE FOR LABOR, POSTED AT THE HERC BRANCH WHERE THE EQUIPMENT IS TO BE REPAIRED, OR THE REPAIRER'S HOURLY RATE FOR LABOR CHARGED TO HERC FOR REPAIRS AS THE CASE MAY BE. PARTS WILL BE CHARGED AT HERC'S COST PLUS A RETAIL MARKUP. Use of the Equipment by persons other than Customer or Authorized Operators will be at Customer's sole risk. 6. EVENTS OF DEFAULT. Customer shall be In default of this Agreement If Customer falls to pay any amount when due hereunder, or If Customer breaches any of the other [arms of this Agreement, or If Customer becomes Insolvent or ceases to do bustness as a going concern, or if a petition in bankruptcy Is filed by or agalnsl Customer, or If Customer is in default pursuant to the provisions of any other agreement by and between Customer and Herc. Customer will further be deemed to be In default If the Equipment is obtained from Hem through fraud or misrepresentation or Is stored or used: (A) in violation of any law or ordinance Including vAthoul limitation, any local, stale or federal law or regulation Involving'Ha2afdous Materials; Including'DOT Hazardous Materials; as set forth in 49 C.F.R. 171-180; (B) in a reckless, negligent or abusive manner, or Is damaged wit to being rented by Customer, (C) in violation of Paragraph 4 above, (D) In any fashion or manner for which the Equipment was not designed or beyond Ilia manufacturer's rated rapacity for the Equipment. 7. REMEDIES OF HERC. In case of default by Customer, or If Hero deems Itself Insecure, Here may, but is not required to, peaceably enter Ilia promises ehere the Equipment Is located and render It inoperative or remove some With or without process of taw and Without any notice to Customer or liability. Customer hereby walves any right to any hearing or to receive any notice of legal process, as a prep rdiflon for Here recovering the Equipment. Cuslomer agrees to permit such entry and action by Herc. In such case Here may also terminate this Agreement without notice to Customer or prejudice to any remedies or claims which Hemmight otherwise have for any. mount due hereunder, expense of retaking, court costs and reasonable aimmeys' fees, CuslomorvAll remain liable for the Equipment or for any loss or Injury to the Equipment, any property and/or persons, notwithstanding such termination. Here shall have the right to Issue and circulate theft notices, cause warrants to be Issued and lake any other steps Which Here may reasonably deem necessary to recover the Equipment, if the Equipment is not returned on the date specified on the Front or sooner as permitted by the terms of [his Agreement. The remedies provided herein In favor of Here are not exclusive but shall be cumulative and In addition to all other remedies existing at law or in equity, any one or mom orwhich may be exercised simultaneously or successively, 0. INSURANCE, Liability Insurance for InjuryiDamage to Third Parties - Cuslomer agrees to maintain and carry, at its own expense and at all times during the term of ihfs Agreemanl, the following Insurance: If ) commercial automobile insurance, With at least a per occurrence limit of $1 million, which Includes coverage for owned and non -owned motor vehicles. Here shall be named as an additonaI Insured for all claims arising out of the malntena im, operation, or use of the "liters. All Insurance, Whether Issued on a primary of umbrellalexcess basis, afforded to Here hereby shall be primary to, and non- rildbutory with, any other Insurance on vAdch Herc is a named Insured, whether such other Insurance Is primary, excess, self -Insurance, or Insurance on any other basis, to the furthest extent pemhilted by taw. Where, by operation of law, Hem Is required to provide primary wveroge, such primary and non-contdbulory prolecUon shall not exceed the minimum limits required by the automobile financial responsibility laws of the applicable slate. Such protection Will conform to Ilia basic requirements of the applicable Ne-Fault law, BUT DOES NOT INCLUDE UNINSUREDAINDERINSURED MOTORIST, SUPPLEMENTARY NO FAULT OR ANY OTHER OPTIONAL COVERAGE. TO THE EXTENT PERMITTED BY LAW, HERC AND CUSTOMER REJECT THE INCLUSION OF ANY SUCH COVERAGE. If such coverage Is Imposed by operation of law, then the limits of such coverage will be the minimum required by the law, of the applicable state; (2) commercial general liability Insurance (providing coverage equal to or greater than the standard ISO CG 00 01 12 04 form), Including contractual liability coverage covering Customer's Indemnify obligations of Section 0, vAth Units of Insurance not less than $1 million per occurrence and $2 million In the aggregate. Customer shall name Here as an additional Insured for all claims and liability arising out of Ilia maintenance, operation. or use by the Customer of equipment leased to Customer by Here (providing coverage equal or greeter than Iho standard ISO CG 20 28 1185). Such Insurance shall be primary and non-conldbulory, to any other Insurance maintained by Here. Customer further agrees that the amount of Insuranceavailable to Here shall be for the full amount of the loss up to policy limits of flabillly and shall not be limited to the minimum requirements of this agreement. In the event any policy provided In compliance with this agreement states that the Insurance afforded to an additional Insured will not be broader than that required by contract, or Words of similar meaning, Customer agrees that nothing In this agreement Is intended to restrict or limit the breadth of such Insurance; and (3) properlyy, insurance for the full replacement cost or the Equipment. Including coverage for all risks of loss or damage to the Equipment. The policy must expressly cover owned and non -owned Equipment, Including motor vehicles (if applicable), while in your care, custody and control. Customer shall carry workers compensation and employers' Ilabill[y insurance with at least a per occurrence limit of Si million. Customer shall name Here as an additional Insured for all claims arising out of the maintenance, operation or use of the equipment, and as an additional loss payee. Any deductibles or self -insured retentions shelf be Ilia sole responsibility of the Customer. All Insurance required by this Rental Agreement shall Include a waiver of lights of recovery against Herc or Its Insurers by the Cuslomer and Its Insurers, as Well as a waiver of subrogalion against Here or Its Insurers, The policies required hereunder shall provide that Here must receive not less than 30 days' notice prior to any cancellation. Customer shall provide Hem With documented proof of all required Insurance coverage, Including copies of all applicable additional Insured endorsements. FOR RENTAL OF EQUIPMENT NOT LICENSED FOR ROAD USE, CUSTOMER MUST EITHER (I) ELECT TO NAME HERG AS LOSS PAYEE EVIDENCING PROPERTY INSURANCE COVERAGE, OR (II) ELECT TO PURCHASE THE RENTAL PROTECTION PLAN. Nothing contained In this Insurance Section shall limit or modify the obligations set forth In Section 9. S. INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BYLAW. AND FOR AND IN ADDITIONAL CONSIDERATION OF PROVIDING THE EQUIPMENT HEREIN, CUSTOMER WILL DEFEND, INDEMNIFY AND HOLD HARMLESS HERC, ITS PARENT COMPANY, THEIR AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS. AGENTS AND EMPLOYEES (COLLECTIVELY-HERC INDEMNIFIED PARTIES-1. FROM AND AGAINST CLAIMS OR DAMAGES ARE BASED, IN WHOLE OR IN PART UPON ANY OF THE HERC INDEMNIFIED PARTIES' ALLEGED NEGLIGENCE OR PARTICIPATION IN THE WRONG OR UPON ANY ALLEGED BREACH OF A STATUTORY OR REGULATORY DUTY OR OBLIGATION ON THEIR PART, ARISEN OUT OF OR ALLEGED TO HAVE ARISING OUT OF ANY ACTOR OMISSION IN CONNECTION WITH THE CUSTOMER'S MAINTENANCE, USE, POSSESSION, OPERATION, ERECTION, DISMANTLING, SERVICING OR TRANSPORTATION OF THE EQUIPMENT OR MOTOR VEHICLE OR CUSTOMER'S FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT,BY REASON OF BODILY INJURY, INCLUDING DEATH, AND PROPERTY DAMAGE, SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING BUT NOT LIMITED TO EMPLOYEES OF CUSTOMER. CUSTOMER WILL, AT ITS SOLE EXPENSE, COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AFFECTING THE EQUIPMENT AND ITS USE, OPERATION, ERECTION, DESIGN AND TRANSPORTATION, INCLUDING WITHOUT LIMITATION, LICENSING AND BUILDING CODE REQUIREMENTS, AND WILL DEFEND, INDEMNIFY AND HOLD HERC INDEMNIFIED PARTIES HARMLESS FROM ALL LOSS, LIABILITY OR EXPENSE RESULTING FROM ACTUAL OR ALLEGED VIOLATIONS OF ANY SUCH LAWS, REGULATIONS OR REQUIREMENTS. The foregoing Indemnification provisions will not reduce or affect the other rights or obligations which would othenise exist In favor of the Here Indemnified Parties. Any Insurance requirements set forth in this Agreement or any Agreement will not Ilmll foregoing indemnification. 10. NOTICE OF LOSS OR ACCIDENT. In the event of an seedsm, loss of, Draft of, or damage to. spIII or leak of hazardous matelots from, the Equipment, Customer agrees to notify Hero as soon as possible by telephone and, thereafter, to Immediately report In writing to Here and to the public authorities (where required bylaw or by Here) all necessaryinfonnation relating to the loss oraccdent. 11. CONDITION OF THE EQUIPMENT. Customer acknowledge having examined the Equipment upon its delivery to Customer. The Equipment shall be deemed to be accepted by Customer upon dfiveryand subleU (o the terms end conditlons of this Agreement. Cuslomer shall notify Herc In Writing wiilhfn 24 hours of deliveryof the Equipment of any problem with the Equipment. little Equipment is found by Customer not lobe in good medianical condition, es a result of conditions not the responsibility of Customer, nor caused by the fault or negligence of Customer or Customer's employees or agents, Customer will so notify Hem whereupon Here will then, at Its option and without any other liability or responsibility by Hero to Customer. (a) repair or suitably replace the Equipment Within a reasonable time during Here's normal working hours, with the commencement or running of the terms of this Agreement to be tolled for the period the Equipment Is "down'; or (b) remove the Eqqulpmenl and It rninale [his Agreement and refund payments of rental charges, If any, for the unexpired tomb of the Agreement, lonvil River Is due Hato for damage to or maintenance of Equlpmenl which Is the responsibility of Customer. Customer agrees to provide full access to the Equipment to Here's representatives to enable Hem to meet Its responsibilities hereunder. 12. LATE PAYMENT FEE. Should Customer fall to pay any invoice to Here in accordance wilh the terms of such Invoice, Customer will pay a late payment fee to Hem on such delinquent payment until fully paid, at an amounl up to Iho maximum rate allowed by the laws of the judsdlUfon in which ilia Here locolion specified on the Front is located. 13. FUELING SERVICE CHARGE. Hem agrees to provide the Equipment to Customer with full fuel tanks. Customer agrees to return the Equipment with full fuel lank(s). If Customer returns Ilia Equipment with the fuel lank(s) less than full, Customer vAil pay to Here a sum equal to Hem's than applicable refueling service charge posted at Here's location vhere the Equipment Is returned for the number of gallons required to refill the lank(s) at the time or return. 14. MERGERIMODIFICATIONISEVERABILITY. This Agreement expresses the entire agreement between the parties with respect to the subject matter hereof. No modification or fieralion of [he terms hereof Will be egeClive as against Here unless same is In writing and signed by a duly authorized officer of Hem. Customer's use and/or delivery of the Equipment and/or Customers signing of this Agreement shall be deemed execution of this Agreement and shall constitute Customers acceplance of all of the Terms contained on the Front hereof and herein, and the excluslon of any terms and conditions otherwise stated by Customer or contained in any of Customers documents. The paragraph headings contained In this Agreement are for convenience only and wAll not be used to expand or limit the actual terms and conditions hereof. Customer and the person signing this Agreement represent Ilia: (a) they both have full authority to execute, deliver and perform this Agreement; and (b) this Agreement Is a loge1, valid and binding obligation of Customer, enforceable In accordance WAIh Its terms, 15. GOVERNING LAWIJURISDICTIONIJURY TRIAL WAIVERILIM RATION OF LIABILITY. This Agreement shall be governed by and construed In accordance with the laws of the state of Delaware without regard to Its rules of conflict of lava. Customer Irrevocably and uncondilionallyconsenls to submit to the judsdiUlon of the slate and federal courts within the Stale of Delaware (the "Delaware Courts') or Florida ('Flodda Courts') for any litigation arising out of or totaling to this Agreement and the transactions contemplated hereby, and waives any objection to the laying of venue and forum In the Delaware Courts and/or the Florida Courts. if any provision, or any part of any provision of this Agreement or the application thereof is thereafter held Invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and to this end the provisions of this Agreement are declared severable. Earth party hereby walves and releases all right to (del byjury In any action, proceeding or counterclaim brought by either party hereto against the other (and/or against its officers, directors, employees, agents, or subsidiary or affiliated entitles) on any matters whatsoever arising out of or In any way connected With this Agreement, THE MAXIMUM LIABILITY OF HERC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES UNDER THIS AGREEMENT (REGARDLESS OF WHETHER A CLAIM IS BASED UPON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID TO HERC SV CUSTOMER UNDER 16. ELECTRONIC SIGNATURES. Customer agrees that this Agreement may be signed manually or by scanning and sending.pdf or other copias thereof via email or via any other electronic means and In one or more counterparts, each of which shall be (il an original, and all of which taken together shall constitute one and the same aggresonant; (II) a valid and binding agreement and fully admissible understate and federal rules of evidence; and (Ill) enforceable under the applicable Unii(on Commercial Code Section 2A.204, Section 3-309 and under any other smilar statute applicable to Oils Agreement, 17. FAMILIARIZATION. All familiarization requests must be made in writing not less Ulan five (5) calendar days before scheduled delivery dale or at time of ppurchase. Requests) must be submitted to the location In which the Equlpmenl was rented and Identify the name of (lie parson(s) desiinaled to receive the Equipment. If requested, the Useras defined by ANSI A92/CSA D354 agrees to have Ihha person designated present at the time of dofivery to receive the equipment famlliarizal on. Famitlariza[lon will be made It accordance to ANSI A92 & CSA B354. Familiarization Is not considered training or certification and does not Impact the obligations of Section 2. U.S.RA 03.30.23 Quote #: 56494258 Date: 12/03/2024 HercRen tals" Herc Rentals Quotation Seller: DETORIE TAYLOR Branch #: 464 E-Mail: detorie.taylor@hercrentals.com Branch Name: 464 HERC DALLAS FTW PROSOLUTIONS Phone: (817) 524-9756 Address: 601 N GREAT SOUTHWEST PKWY, City, State: ARLINGTON, TX 76011 Phone: 817-625-5521 Name: CITY OF FORT WORTH Site Name: EQUESTRIAN MULTI -PURPOSE Address: 200 TEXAS STREET Contact: TBD City, State: FORT WORTH, TX 76102 Address: 3401 W LANCASTER AVE, Phone: 817-392-5737 City, State: FORT WORTH, TX 76107 Phone: 817-524-9756 Dear TBD, Thank you for considering Herc Rentals and taking the time to outline your project needs. In reviewing your project, the Herc Rentals team is well positioned to meet your requirements. We are pleased to submit our solution, which outlines the project scope, pricing, and support services. We will follow up shortly to answer any questions you may have and define next steps. Sincerely DETORIE TAYLOR (817) 524-9756 Page 1 Quote #: 56494258 Date: 12/03/2024 HercRen tals" Herc Rentals Quotation , ® B• 9 0 ®. 0 12 719-2040 DEHUMIDIFIER LGR 130-200 PPD ELEC S $ 50.00 $ 175.00 $ 350.00 $ 34,800.00 12 925-3263 AXIAL FAN 25" S $ 25.00 $ 70,00 $ 200.00 $ 19,800.00 12 940-2714 EXTENSION CORD 12/3 50FT S $ 10.00 $ 20.00 $ 30.00 $ 3,120.00 5 940-0516 CABLE 2 50FT CAMLOCK 5 BANDED S $ 10.00 $ 20.00 $ 50.00 $ 2,100.00 2 525-1140 SPIDER BOX FEEDER PANEL 200 AMP S $ 109.00 $ 286.00 $ 816.00 $ 13,492.00 10 940-2514 SPIDER BOX CABLE 6/4 50FT 50A CS S $ 20.00 $ 40.00 $ 70.00 $ 6,000.00 6 940-2530 SPIDER BOX 50A CS IN/2X30A TL 1X50A CS S $ 5.00 $ 15.00 $ 45.00 $ 2,220.00 Customer has either elected to provide Certificate of Insurance prior to the rental commencing or will be utilizing Herc's Rental Protection plan. ® e n. Equipment $ 81,532.00 Transportation $ 600.00 Labor $ 1,500.00 Fuel $ 0.00 Sales / Miscellaneous $ 0.00 Preventative Maintenance $ 0.00 Rental Protection Plan $ 0,00 Emission & Environmental Surcharge $ 0.00 VLF $ 0.00'1 Transportation Surcharge $ 0.00 $ 83,632.00'1 $ 0.00 . $ 83,632.00, Page 2 Quote #: 56494258 Date: 12/03/2024 HercRen tals" Herc Rentals Quotation *Additional taxes and fees may apply and vary by state, location, and application *Additional charges may apply if drivers experience wait times or delays during delivery or pick up *Any PM charges listed are for one billing period *Rental Quote is valid through: 04/02/2025 12:00 AM P Payment Terms: Net 30 Days Thank you for your interest in Herc Rentals. Please contact me if you have any questions or comments. We are committed to providing you our best service always. Sincerely, Herc Rentals Please see our website for a list of services and associated charges at HercRentals.com Page 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 05/13/25 M&C FILE NUMBER: M&C 25-0449 LOG NAME: 25C&T_FM08_SUPP_ APPROP SUBJECT (ALL) Adopt Appropriation Ordinance Increasing Appropriations and Receipts in the Cultural and Tourism Fund for Unexpected Expenses Related to the Operations of the Will Rogers Memorial Center and Fort Worth Convention Center, Authorize the Award and Execution of Agreements with Herc Rentals Inc. and W-W Manufacturing Co., Inc. for Emergency Purchases, and Amend the Fiscal Year 2025 Adopted Budget RECOMMENDATION: It is recommended that the City Council: 1. Approve the emergency purchases and authorize the execution of agreements with Herc Rental, Inc. in the amount of $325,000.00 and W-W Manufacturing Co. Inc. in the amount of $124,920.00, 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the total amount of $875,920.00 in the Culture and Tourism Fund (1) by increasing Contributions from Others in the amount of $247,282.00 and (2) Use of Fund Balance in the amount of $628,638.00, for the purpose of funding unexpected operating expenses at the Fort Worth Convention Center and Will Rogers Memorial Center, and 3. Amend Fiscal Year 2025 Adopted Budget. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to adjust the Fiscal Year (FY) 2025 adopted budget in the Culture and Tourism Fund, to retroactively approve emergency purchases and authorize the execution of agreements by the Public Events Department (PED) as a result of unexpected operational cost at Will Rogers Memorial Center (WRMC) and the Fort Worth Convention Center (FWCC). Revenues in the Culture and Tourism Fund operating budget increased by $247,282.00 from the City’s agreement with Majestic Realty to manage the Cowtown Coliseum, City Secretary Contract 27542-A7A1 as approved with M&C 24-0755 on August 27, 2024, which was beyond the timeframe for inclusion in the original FY 2025 proposed budget prior to adoption. This agreement entitles the City to a 12% share of the profits generated by the facility. Expenditures in the Culture and Tourism Fund operating budget needs increased by a total of $875,920.00 for the purpose of funding unexpected operational expenses for WRMC and FWCC. The Public Events Department executed City Secretary Contract No. 62794 with Unica Enterprises, LLC as authorized by M&C 25-0064 on January 28, 2025 to clean restrooms, dust, empty garbage, sweep, mop and vacuum as needed, and restock janitorial supplies at both the FWCC and WRMC. By hiring Unica, the Department anticipates savings from decreased temporary labor and the reduced need to recruit, hire and train part-time employees. The anticipated cost difference for these services in the 2025 fiscal year is $201,000.00 for FWCC and $225,000.00 for WRMC for a combined total of $426,000.00. Due to the Coliseum Concourse renovations and Burnett Stall Project, the WRMC staff has identified the need to construct a temporary dirt arena in the Sheep Barn to support the horse shows contracted through the 2025 calendar year season. To do this, the WRMC staff requires additional livestock handling bases, panels and gates beyond the current capacity. These bases, panels, and gates are specifically manufactured to create a safe riding and exercise arena for horses and attendees. Due to time constraints, this was approved as an emergency procurement for $124,920.00 with W-W Manufacturing Co., Inc. Additionally, due to the renovations, several large horse shows are accommodating the full closure of the Coliseum by shifting their rented spaces and alternating their show schedules from March 17, 2025 through December 2025. In preparation to provide a safe environment for these equestrian events, the WRMC team identified the need for portable conditioned air units for the Equestrian Multi-Purpose Building. Due to time constraints, this was approved as an emergency procurement for up to $325,000.00 with Herc Rentals Inc. Funding is available for appropriation in the fund balance and in the Contribution from Others account in the Culture and Tourism Fund. The beginning balance is $21,646,977.13 and the new balance will be $21,018,339.13 after this M&C. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating budget of the Culture and Tourism Fund. Prior to an expenditure being incurred, the Public Events Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Jesica McEachern 5804 Originating Business Unit Head:Michael Crum 2501 Additional Information Contact:Andrea Wright 2502 Expedited