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HomeMy WebLinkAbout064704 - General - Contract - National Cutting Horse AssociationCSC No. 64704 TRUST FUND EVENT SUPPORT CaNTRACT This TRUST FUND EVENT SUPPORT CONTRACT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home-rule municipality organized Under the laws of the State of Texas and the NATIONAL CUTT�NG HORSE ASSOCIATION ("Company"}, a Texas nonproft coiporation. RECITALS Tlle City and Company here�y agree that the followir�g state�nents a�-e true and correct and constitute the basis upon wl�ici� tl�e City anci Company l�ave entered into this Agreement: A. Compat�y apez-ates the Triple Crown of Cutting, which is comprised of three (3) ever�►ts: 2024 Workd Champ�onship Futurity & World Finals, 2025 Super Stakes & National Circuit Chatnpionship, and 2025 Suimmer Cutting Spectacular & Youth Wacfd Finals (callectively, referred to as "Events" and, sin�ulariy, as "Evei�t") and occurs not �nore than one time in any year. �. Company conduc�ed a higflly-competitive, multi-state, site-se{ection process pursuant ta an application by the City to evaluate the proper venue to conduct the Events and has chose�l the Wifl Rogers Memorial Center to serve as the sole ver�ue for tlle Events or tl�e sale venue far the Events in a regian composed of Texas and one or more acl�oining states, ihe terms of which are governed by a t�nu[ti-year agreement between the parties. C. Tl�e Event is held not more than one time in any year. ll Company enbaged Angie Highland, of High{and Market Research ("Highland") to prepare ai� Analysis of the Economic Impact af ihe Event for purposes of subir�itting to t�e Office oFthe Governor Econamic Development and Tourism ('`EDT"} to dete�-mine eligible Texas state tax revenues generated by the Event. E Chapter 47$ of the Texas Government Code, as amended (as it may ve amended from time to ti��e) ("Act"} authorizes the EDT to establish the Major Event Trust Fund (the "Fund"'}. Funds deposited into the Fund may be used by tl-►e City to fulfiil its obligations under an event suppart contract, as defned in the Act governino the Event. This Agreement is intended ta serve as such event support contract. F. The EDT has analyzed the incremen�a[ increase in certain sales and use, hotel accupancy and mixed beverage tax receipts to be collected by or on behalf aft�e City and the 5tate af Texas direct[y attributable to the preparation for and presentatio�� of the Event and relateci activities. G Sased on its analysis, the EDT, by letter to the Ciry dated Septe�-rlber 17, 202�, has determined thai the State will de�osit an estimated amount of � 1,455,559.00 of its funds for the 2024 World Cl�at�npionship Futurity & World Pinals �f matched by $232,$90.00 in reinittanc�s by or on della{f of C�FFICIAL RECURD T�us� r-��n� Eve��� s��p��n co�,tra�t GITY SECRETARY City of Fort Warll� and National Cuttine Horse Assocfation Page 1 of I I � FT. WORTH, TX the City, for a total estii�nated Fund amount of $1,688,�49.C10. The State will deposit an estir��ated amount of $460,745.fl0 af State funds for the 2025 Super Stakes & Natianal Cit�uit Champianship if rnatched by $153,727.00 in remittances by or on behalf of t11e City, for a total estirr�ated amoUnt af $ l, i 14,522.00. The State will depo�it an estiinated a�nount of $770,452.00 of 5tate funds for the 2025 Summer' Cutting Spectacular & YoUth World Finals if matched by $123,272.00 in remittances by or on behalf of the CiCy, for a total estimated amount of $893,724.00. The tatal amount of the Ciry remittai�ces and the conti•ibutions by tl�e Stat� ta the Fund for the Events is $3,b96.695.Q0. H. The Aet provides that the money in the Fund may be used for tl�e payment of costs relating to the preparations necessaiy for conductin� the event and cas�s of conductina the e�ent {"Perrnissible Uses"). L The obligations ofthe Parties under the Agreement are set fo�th in Sectioal5, W�71C�7 the Parties agree are, without liirritation, necessaiy for the City to provide incrementa{ services nec�ssaiy for the Eve�1t as wel] as other costs necessary for City to lzost the Event and for Connpany to conduct the Event. J Pursuant to Resolution Na. 3513-08-2007 actopted on August 14, 2�07, the City Council of the City has authorized ihe City Manager to negatiate agreer�ents that promote major events benefittin; the City a��d secured, in part, on account of the Fund and the provisions of the Act. NOW, THEREFORE, for and in cans�deration of the prernises, �ande�takin�s, and mutual covenai�ts of the parties set forth herein and other Qood and valuabie consideration, the receipt and sufficiency of which is here�y acknowledged, the parties agree as follows: AGREE��NT RECITAI,S. Tl�e parties agree t}�at the recitals set farth abave in this Agreement are true and correct, and the repr�sentations, covenants, and recitations set foi�th therein are t�nade a part hereof far all pUrposes. 2. TERM. This Agreement is ef%ctive as of Septe�nber l7, 2024 and shall remain in fuil farce and effect �ntil the iater of (i} December 3l, 2025 or (ii) the date as of which al1 funds have F�een disbUrsed in accordance with the Act and with thCs A�reement, unless ierminated earlier pursuant to tlie tei�ns of t1�is Agree�nent. Trust Fund Fvent Support Contraci Cfty of Fort Worth and ]�ationa! Cutting Horse Assocfatian Page Z of I I 3. APPLICATION FOR EVENT TRUST FUND DISSURSEMENT, The City has previously appliec� to the EDT For the creation of a Fund far the Event under the �i-ovisions of Act. 4. TRUST FUND DEPOSIT. In consicferation of Company's selection o� Wil] Ragers Me3nariaf Center as the sole s�te for the Event, t�1� Cl� WiII remit a total of $509,$89.00 for the three Events that comprise the Triple Crown af Cutting to the EDT, as set forth in the Se�tember 17, 2024, ietter that was issued by the EDT estimating the increm�ntal increase in tax revenue under the Act as a result of the Evei�►t anc! setti�lg forth the contribUtion to the Fund by the City (the "City Remittance"}. The City Remittance is intended to trigger the State of Texas contributian to tl7e Fund u�lder the terms of the Act The City Re�nittance plus the contributions by the State of Texas to the �'und in accordance with the Act shall be referred to herein as tlze "Total Fund Amount." 5. GENER.�.L OBLIGATIONS OF THE PARTI�S. a. Co�r�pa�lv. (i) Coonpany is obligated to hold and conduct the Eve�lts at Will Rogers Memorial Center on the following dates: {A) 202� World Championship Futurity & World Finals— NovemE�er [ f -December 7, 2024 (B) 2025 Super Stakes & National Circuit Championship �- March l 9-April l�, 2025, and {C) 2025 5ummer Cuttina Spectacular & Youth World Finals— July I2 - August 2, 2025. {ii) Compaily also agrees that the covenants and promises inade �n this Aareement, including, but not limi�ed ta the Co�npany's expenses set forth in this section are necessary ta prepare for and conduct the Event. C itv. (i) Tl1e CEty is obligated to host the Event. (ii) The pat-ties recognize that the Campany is the Event expert and has the strueture and mechanisms in place to properly and adequately perfon-n the fUnctions necessary to prepare far and conduct its Event. In additian to host�n� the �vent, the City's obligation under this Agreement shall be to pay tlie Cornpany for th� necessary, reasonable, and actual expenses required to prepare for and conduct the Event as a means to reimburse the Coznpany to help cover the costs of the E�ent in areas of which the City lacks exper-tise. These expenses �nay include, but are not ]imited to, the Trust F� und Event Support Contract City of Fort VL'ort17 and Nationa] Cuttine Horse Associacfon Page .i of l 1 following: (A) Advei-�ising and marketing promotions ofthe Events, inciuding but not limited ta, television and radio broacfcast, published media, website, social media, printing and production costs; (B) Awards distributed at the Event includinb tropllies, ribbons, medallions, medals, sashes, plaques, saddles, jackeis, boots, pins, sculptures, tack, hats, horse apparel, �rooming products, therapeutic horse �rotfucts, personal apparel storage, shavinb supply (cits, knives and belt buckles; (C} Cost of specialized arena footing to be used during the event, includii�g the delivery and removal priar to and following the e�ent; (D) Management, Leasing, and transportation expenses for catt[e to b� used in the Events; {E) Feed for livestoc�C; (�') Renfial cost of facilities for the Events; (G) Rental cost of equipment for the Events; (H) Event insurance; (1} Event decorator; {J} Officials, judges and staff, hired fior the e�et�t, and their related expenses; {K) Security and paramedics; (L) Qr�-site veterinarian; {M} Equit�e drug testing fees; {1� Food provided an-site to event participants or other pErsonnel necessary ta conduct the event; {O) Travel expenses includiilg lodging, automabile mileage, rental car and comi�ercial airfare for event pairticipants or other similar persons direetly related to the conduct of the event, provided that said individual daes not reside i�� the evet�ts market area; (1') Security personne{ for planning and operating a human trafficking prevention plan m relation to the event(s); (Q} Safety infrastructure of the tent and mats that the horses utilize to enter the Wifl Rogers Memorial Center Colise�am; (R} Parking fees on facility g�-ounds; (S) Photo�rapher, video�ra�her andlor webcaster; (T) Printing aizd production expenses for event pragrams andlor sclledules; (U) Shipping expenses for event re[ated ite�ns; (V} Data and telecomrr►unication services provided at the facility for the eveni; a�1d (V� Additional electrical power pr�vided at the facility for the eve�t. (iii) T11e Company sl�all provide invoices to the City for expenses incurred for the Event. The CoRnpany shali provide any supportin� expense documentation as required by the City or as requested by the EDT to the fuf I satis�action of bot� the City and the EDT. The City will make payi�nent{s} to Company within thirty (30) Trust Ft�nd Evezit SupportContract Cij� af Fori Worth and l�f8tfonal Cuttine Horse Assaciation Pa�e 4 0l' 1 1 calendar days aftei- receipt of sueh payrnent from the EDT in accordance wit�� the te�-ms of t11is Agreernent. The City will be responsible for dealing with the EDT with respect to disbursements from the F'und and distributing the Total Fund Amou��t in accordance with the terms of this Agree�r�ent. (iv) Any payments to tlie Company as set forth in this Agreement are ]imited to the maximum arnount available from a�1d ap�roved far ee�entua] dist�-ibution fi•ofn the F�and establasl�ed for this Event and must be elibible for payment by ti�e Major Events Reirnbursernent Pro�ram. Under na circumstances shall tl�e Cijf be ob{igated to Cornpany far more than the portion of the Total Fui1d A�nount received fro►n the Fund for the Event. The Company shall not seek, and will not be entit�ed to, payment from the City far any casts not distributed by the EDT froxn tl�e Fund(s) establ ished for the Event(s). (v) Notwithstandin� anything ta the contraiy, City may withhold a[1 distribution of payments to Co�npany under this sectian if Company f�as any outstanding obligations owed to the City pursuant to any coniract wi�h the City. If the City withhoids any funds for this reason, then the City shall provide a wri�ten statement to Coinpany, c�etailing the outstanding obligations. Company sha1G have thirty (30} caleE�dar days from the date it receives City's written statement to cure any such outstandiil� oE�ligatians ("Cure Period"). Tile Cure Period can be exier�ded by written agreement of the City and Company. Notice shall be as prescribed in Section i2. If Company cures its outstanding obligations within the Cure Period, then the City w�l[ make distributions from the Tatal Fund Amount in accordance wit1► the pracedures set forth in in tl�is Section, which pracedures will begin anew on the date Company cures its outstanding obligations to the City. If Company fails to cure its obligations within ti�e Cure Period, t�ien tlle City has the right to offset any amount owed to the City [�y Company agaiE�st the Total Fund Amount and take immediate passession of such funds to satisfy all outstanding obligatians. The Com�any reserves the right to c�7allenge any offsets claimed by the City and retains all ]ega! rights and remedies availa}�le to it to challen�e such claimed offsets by the City. The City� and Campany acknawledge that any such offset shal] not be construed as a distributiarl of Funds under this Ag�-eement, but as payi�ent by Company of funds owed to the City for appl�catio� toward any outstanding obli�ations owed to the City. The Cii}� shali not withhold any funds remaining from the Tota! F�r�d Amount that exceed the City's claimed affset, and the City will distribute such f�nds in accordance witka tk�e terms of this Agreement. if the City c{aims that the offset is not sufficient to discharge all of Company's outstanding obligatioi�s to the City, the City can seek to recover a11 unpaid amaunts remaining after application of tl�e offset, and the City will retain al[ legal rights and reineciies ar�ailable ta it to callect sucl� amounts. (vi) If an Event(s} is cancelled for any reason, and no amaunts are recei�ed by the Ciry from the Fund for the cancelled Event(s), then this Agreeinent wi11 term�f�ate imi�nediately as to the cancelled Event(s} and the City shall not be held responsible or liable for its obiigations hereunder in connection with the cancelled EveiTt(s). Tr�Est Fund EvesxSupportContract City of Fort Wonli and hational Cutting liorse Association Page > oF 11 6. COMMITMENT OF COMPANY. In consideration ofthe bene�i�s set forth herein, Company will use cammercially reasonable effarts to conduct the Event during tl�e Term at Will Rogers Memorial Center. Company wili also cooperate wiih the City in documenting costs incurred by Com�any for the Event to evidence the Permissible Uses. Con�pany will pay tEae City an amount equal to the City Remittance contemporaneously upan the City's distribution to Company fram the Total �'ui�d Amount in accordance wi�h Sectio� S abave. 7. D�CUMENTATION. Company hereby cet-tifies and warrants that all docuz�►entation submitted to the City fu[ly and accurately represents the actual costs incurred �y Company i►� hosting the Event and is consistent with the Permissible Uses under the Act. Campany shail be liable to the City for any damabes resulting from a breacll of t�is sectian. This section shall survive the expirat�on or terin�nation of tl�is Agi•eement. S. NON-EXCLUSIVE REMEDIES. No remedy herein canferred or reserved is intended to be exclusive of any other available remedy or rem�dies, and each and every such remedy sha11 be cumuiative and shall be in addition to every such z-er�ledy given under this Agreement or now or hereafter existin; at law or i� equi�y or by stat��te. It is eYpressly aareed that the reinedy at law far breach by a}�arty of its obligatians hereunder may be inadequate in view of the complexities and unce�-tainties in measuring the actual damages that would be sustained by reas�n of either parry's failure to comply f�l[y with each of such obligations. Accordinbly, the obligatio�s of each pai-ty her�under are expressly made enfarceable by specific perforinance. If it becomes necessary �or any party to this A�reeznent to bring suit to enforce or interpret the provisions hereof, the pre�ailin� party to such suit shall be entitled to i�s reasonable anc! necessary attorney's fees and costs. TER.M:[NATION FOR CAUSE. The City may teiminate this Agz-eeir�ent ii Compaily fails to comply with any term, provisio�l, or co�enant of tllis Agreement in any material respect. If an event ot default occurs, City shall give written notice that describes the default in reasonable detail to the CaRnpany. The Company must cure such default within thirty (30) calendar days aftet receiving notice fram City, unless otherwise agreed to in wrEting by the parties. � 0. SEVERASILITY. lf any pro�ision of this A�reement is held to be illegal, in�alid, or unenforceabie under present or future laws, the leaality, validity, and eilforceability of the remaininb pravisia3ls of this Agreement shall not be affected the�•eby, and this Abreement shall be liberal]y construed so as to carry out t�e intent of the parties to it. Trus[ Fund Event SupportContract Cit�� oFFort Worth and National Cuttine l forse Association Page 6 of 11 11. NOTICES. Any notice, request, or other communication required or permitted to be given under this Agree�-nent shall be given in writing by delivering it a�ainst receipt for it, by depositing it with an a�erniaht delivery s�rvice or by depositing it in a receptacle t�nait�tained by the United States Postal Service, postage prepaid, registered, or certified mail, return receipi requested, addressed to the respective parties at the addresses shown herein (and if so �iven, shali be deemed �iven wl�en mailed). Notice sent by any other manner shall be effective upon actual receipt by the party to be notified. Actual notice, however, and fi•om whomever given or received, shall always be effective when received. Any party's address for �otice may be changecf at any time and from time to tirne; but o��ly after thirry (30} days' advance wrifiten notice to the other parties and shal� be the most recent address furnished in writing by one parry to the other parties. The gi�ing of notice by one party w�hich is not expressly required by this Agreement will not obligate that pa�Cy to give any future notice. CITY: NATIONAL Ci1TTING HORSE ASSOCIATION City ofFort Worth Att��: Director, Public Events �ept. 200 Texas Street �"art Worth, TX 76102 witli copies to: the City Manager and the City Attorney at the same address National Cutting �lorse Association Attn: 1ay Winborn 260 Bai{ey Avenue For� Worth, TX 76107 12. CUMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Ti�is Agreemer�t is subject to all applicable federal, state, and local laws; ordinances, ru[es a�d regulations, including, but not limited to, alI provisions of the City's Charter and ordinances, as arnended; provided. however, that any future Charte�• or ordinance amendrnent shall not �e deerned to madify, a��end, or negate any pro�vision of this Agreeinent. 13. GOVERNMENTAL POWERS. It is understood that by execution of this Aareem�nt, the City does not waive or surrender any of its govemmental powers or immunities. � 14. NO WAIVER. The failure of at�y party ta insist upo� the performance of any term or provision of ihis Agteement or to exercise any right granted here�nder si7all not constatute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any fuiure occasion. Trust Fund Event Support Co��tract Cih� ot'Fort 11'vrt17 and ?dational Cutting [-lorse Association Pa�e 7 af I! 15. VENUE AND JURISD�CTION. If any action, wh�ther real or asse��ed, at faw or in equity, arises on the basis af any pro�ision of this Agreem�nt, vera�e for such action sl�a�l lie in state caurts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fart Worih Divisian. This Agreement shall be construed in accordance with ti�e laws of the State of Texas. lfi. NO THIRD-PARTY RiGHTS. The provisions a��d conditions of this Agreement are solely for the benefit of the City and Coinpany and any lawful assign ar successor of Company, and are r�at intencEed to create any rights, contractual or otherwise, to any other �aerson or entity. 17. FORCE MAJEURE. It is expressly understood and agceed by tl7e parties ta this Agreement that if the �erfonnance of a►1y obligations hereunder is delayed by reason of war, civil comrnotioi�, riots, it�surrectio�s, acts of God, action of any �overnmental authority, epidez�nic, pandemic or atl�er national or re�ionai emergency, inclement weather, or other circumstances that are reasonably beyond the cantrol of the party obli;ated or permifited under the terms of this Agreement to cio or perform tlle same, regard[ess of whether any such circumstance is siinilar to any of those enumerated or not, the pa�-ty so obEi�ated or p�rmitted shall be excused from doing or perforrning the same during such period of delay, so tl�at the tirne period applicable to such performance shall be extended for a period of ti��e equal ta tl�e period such party was de[ayed. i 8. INTERPRETATION, [n the event of any dispute o�er the meaning ar application of any provisi�n of this Abreei�nent, this Agreement shall be mterpre�ed fairly and reaso�ably, and neither more strongly for or against any party, regardless of the acttial drafter of this Agreement. 19. CAPTIONS. Ca�tians and headings used in this A�reement are far reference purposes only and shall not be deemed a part of this Agreement. 20. ENTIRETY OF AGREEMENT. This Agreement, including ar�y exhibits attached hereto and any documents �ncorparated herein by reference, cantains the ent�re �ar�derstanding and a� eement between the City and Company, and any lawful assign at�d s�accessor of Com�any, as to the matters contained herein. Ai�y prior or contemporaneous oral or w�-itten agreement is hereby declared nuli and �oid to the extent in confiict with any �rovision of this Agreement. This Agreeinent shall i�ot be amencEed unless ex�cuted in writi��g by all parties. Tnist Fund C��ent 5uppart ContracE Ciry ofFort Worth and Natin��al Cutting Horse Associatfon Page S af 1 i 21. COUNTERPA.RTS. This Agreement may be executed in a�1y nui�nber of counterparts with the same effect as if a[] of the parties had si�iled the same docu�nent. Such executions may be transmitted ta the other party by digEtai scan or facsimile and such scanned or facsimile execUtion shall have the full farce and effect of an orig�nal signature. All fully executed counte�pai�ts, whether original executions or scanned or facsir-�i[e executions or a combination, shal I be construed together and shall constitute one and the sa�ne agreei�ent. 22. AMENDMENT. No amendrnent, modi�cation, or alteratior� oftl�e terms ofthis Agreeanent shall be binding �anless the sai�ne is in writing, dated suF�sequent to the date 9lereof, and duly executed by the Parties heretq. 23. INDEMNIFICATION AND RELEASE. a. COMPANY COVENANTS AND AGREES TO AND DOE� HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITX FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMA.NDS, DAMAGES, LIABILIT�ES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT N4T LINIITED TO, TH�SE FOR PROPERTY OR MONETARY LOSS, OR OTHER HARM FOR WHICH RECOVERY �F DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CH.AR.ACTER, WHETHER REAL OR ASSERTED, ARISING 4UT OF, IN CONNECT14N W�TH, OR RESiJLTYNG FROM ANY ACT, ER.R�R, OR QMTSSION OF COMPANY AND ITS RESPECTIVE OFFICERS, AGENTS, EMPL4YEES, DIRECTURS, MEMSERS, PARTNERS, AND REPRESENTAT�VES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. b. YF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECT�ON WITH ANY SUCH LIASILITY �R CLAiM, C�MPANY, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT COMPANY'S EXPENSE, BY �R THROUGH ATTORNEYS REASONASLY SATISFACTORY TO CITY. c. IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS N�W OR HEREAFTER IN EFFECT AND AFFECTING THE VALYDITY OR ENFORCEABIL�TY OF THE INDEMNIFYCATION OBLIGATION UNDER THIS SECTYON 23, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE INDEMNIFICATION OELIGATION TO THE MTNIMLTM EXTENT NECESSARY TO BRYNG THE PR�VISION INTO CONF4RMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE YNDEMNIFICATTON OSLIGATiON SHALL CONTINUE IN FLTLL FORCE AND EFFECT. Trust Fund Eveni Suppor[ Cos�traci C�tv oFFnn Worlh and National Ce�tting Norse Association Page 9 oi� 1 i d. Campany agrees to a��d shall release City from any and all iiabi]fty for any damage or loss sustair�ed or caused by Ca�npany in connection witll or incidental to performance under this Agreement, e�ce�t for the Company's ribht to receive payments from the Fund for the Events as provided for herein. e. This section sl�all survive the expiratian or termination of �his Agree��ent. 24. AUDIT. Company agrees that City and its internal auditar will have tlie right to aud��, which shall include, but not be [imited ta, the right to camplete access to and the ribht io examine, the financial and business records of Company that relate ta this Agreement, incluc{inb, but nat Ii�nited to, ail necessary books, papers, documents, records, and personnel, (collectively ``Records") i� order to deterrnine compliance with this Aareement. The Company shall make ail Reco�-ds a�ailable to City at 200 Texas Street, Fort Worth, Texas or at anot�aer location in City acceptable to both parties witllin tl�irty (30) clays after i�atice by City and shall otherwise cooperate fully with City durii�g any aUdit. Notwithstanding anything to the contrary herein, this section shall survive expiration ar eaE•lier terr�inatio�l of ti�is Agreement. 25. ASSIGNMENT. Neither pai-ty hereto shal[ assi�n or trai�sfer its interest hereii} witho�at prior wa•itten consent of the other party, and any atte�npted assignment or transfer of all o�- any part hereof without suc11 prior wiitteji consent shall be void. This Agreement shall be binding upon ancE shall inure to the benefit of City and CaEnpa��►y and its respective successors and pez-imitted assigns. 26. AUTHORXZATION. By executin� this A�reement, Company's agent affinns that I�e oi- she is authorized by the Company to execute this Agreement and that all representations made herein with regard to Company's identity, address, and legal status {corporation, partnership, ir�dividuaf, dba, etc.) are trUe and correct. 27. REVI�W OF COUNSEL. The parties acknowledge that each party and its counsel l�ave review�ed and re�ised this Agreeme��t and that the norrnal rules of constr�ction to the effect tilat any ambiguities are to be resol�ed abainst the draf'ting party shail r�ot be emplayed in the interpretation of this Agreement or e�:hibits hereto. TnEst f und Event 5upport Contracf Ci�j� of Fort GVurth and Natioi�al Cunine Horse Associatfon Page l0 of 11 E�E�L�T�D to he �.FFECTIVE as oFthe dase set for�h Section � ofthis Agr�cr�ent; �I�'� �F �'�}�T V4'(�I�TH: �V� •'���;�::�:a1::=E�:�T' �i� liam ,fohns�n .�1S5isT��IC C:i�v M�r���?�r 1VATI�?VAL CUTTIIIG N{]R�E � ASS�C���I�: I 5 Ll �' + �� J � 44�' �nharn Ex�cutive �3ire�t�� ,APPRQ�F.� AS �'� F�RM A1�D L�.�ALfTY; ����� f3y : Tay�ar �. Paris As�ist�n� Cil}' ���rne�+ qO�nnnq pORT�pd v'�'° �9pp C�g .1d .�TTT �T: °oa*�� _� �.nx�-t .� ,,.�� �: d°an nezps44a ��: ` i w Janrt�tl� G���all City Secretary �.1TY Cll� FORT 1�ORTH U�E O�LY ��ntra�t �ompliancc ?I+Ianager� By s;�tlEtl� � e�CI{Il��Vletlge [ha[ I am [�e pers��� respnn�ible far the rnonitorin� and a.dministratior� ofti�is contrac�, includin� ensurir�� all p��form�r�c� ���d r^��o�rtin� rcquircmcnts. ��� �r=,ri'�frig�: 'r� _�. _s'� _1:-�'--'T� r��l��� �+�I'I��'lt Ass�stant �ublic EvenCs Director OFFICIAL RECORD �a ntr,a.�# A�.�th �rixatio�: �ity �ouncil ��solu�inn �umber 3�13y0�-�D�7 CITY SECRETARY FT. WORTH, TX Trus� Fund �ti�enl SW�rt Comratt F'� lu nf U'nA 1h�nrth anri Na: i nnal C'i iRmR Hnrsr A.SkhCIAII�YIY P�p�]Infll F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: NATIONAL CUTTING HORSE ASSOCIATION Subject of the Agreement: 2024/2025 TRIPLE CROWN OF CUTTING TRUST FUND EVENT SUPPORT CONTRACT M&C Approved by the Council? * Yes ❑ No 0 If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 0 If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑■ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: SEPTEMBER 17, 2024 Expiration Date: DECEMBER 31, 2025 If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No 0 *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑■ No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.