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HomeMy WebLinkAboutContract 32983 CITY SECRETARY CON TRACT NO. AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 28823 BETWEEN THE AMERICAN PAINT HORSE ASSOCIATION AND THE CITY OF FORT WORTH THIS AMENDMENT to City Secretary Contract Number 28823 is made and entered into this 2�`' day of December, 2005, between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located in Tarrant, Denton and Wise Counties, Texas, (hereinafter referred to as the "City") acting by and through its duly authorized Assistant City Manager and THE AMERICAN PAINT HORSE ASSOCIATION, located at 2800 Meacham Boulevard, Fort Worth, Texas 76137, (hereinafter referred to as "Lessee,") acting by and through its duly authorized representative. WHEREAS, on June 24, 2003, the City of Fort Worth and the American Paint Horse Association entered into a lease agreement (City Secretary Contract Number 28823) for the use of the Will Rogers Complex for the purpose of holding the American Paint Horse Association World Championship Show; and WHEREAS, on September 1, 2005, Texas Senate Bill 1253 became effective, amending Subtitle C, Title 12 the Local Government Code by adding Chapter 398 "Measures to Support Municipal and County Special Events", providing special event economic development incentives to a host community; and WHEREAS, the City of Fort Worth, as the host community of the Amercian Paint Horse Association event, is eligible to receive the lesser of one-half of the amount of total expenses or one-half of the amount of the anticipated increase in State sales tax receipts from the State of Texas, as defined in SB 1253; and WHEREAS, the City of Fort Worth may benefit directly from SB 1253 for the purpose(s) of providing security, public transportation and traffic management services, maintenance and janitorial services, renting the public facilities and providing the utilities associated with the use of the facilities, preparing or maintaining a contract associated with conducting the event; developing or providing a special promotion and any other activity or item authorized in the special event plan approved under Section 398.006; and WHEREAS,the City of Fort Worth may benefit indirectly from SB 1253 from an increase in tourism resulting from enhanced events resulting in an increase in utilized hotel rooms which has a positive impact on the Hotel Occupancy Tax; an increase in general sales and consumption, which has a positive impact on the General Fund's Sales Tax; and an increase in the length of time a show is in Fort Worth facilities, which increases the General Fund's facility rental revenue; and. WHEREAS, on December 20, 2005, the City Council adopted tt r CITE ' ' Al y 33Ca,3-1 a-�� Number authorizing the City Manager submit an application to the State Comptroller to seek state funds, pursuant to Chapter 398 of the Local Government Code for the purpose of utilizing any funds received to assist in enhancing the American Paint Horse Association event with a goal of increasing participation and attendance and benefiting the economy of Fort Worth and the State of Texas; and to negotiate a contract with American Paint Horse Association specific to any state funds received through Chapter 398 of the Local Government Code with the explicit guidance that the application and the contract be developed so as to maximize the state funds coming back to the City to support the World Show event. WHEREAS, it is advisable to amend City Secretary Contract Number 28823 to provide for the division of state pursuant to SB 1253; NOW, THEREFORE, the City of Fort Worth and the American Paint Horse Association agree to amend City Secretary Contract Number 28823 executed on June 24, 2003 by adding the following as Addendum B to the contract: ADDENDUM B. The City of Fort Worth and the American Paint Horse Association, pursuant to the adoption of Texas Senate Bill 1253 effective September 1, 2005, amending Subtitle C, Title 12 of the Local Government Code to add Chapter 398 "Measures to Support Municipal and County Special Events", to provide special event economic development incentives to a host community, hereby agree to the following: 1. If the City receives any funds from the State as a result of a five year approval of a Special Event Plan for the American Paint Horse Association World Championship Show submitted to the Texas Economic Development and Tourism Office pursuant to the requirements outlined in Texas Senate Bill 1253, (state funds) the City will retain 26.20%,or up to a maximum of$100,000 of reimbursements from the state for support of the event and/or activities that support the event, and the American Paint Horse Association will receive 73.80%of the total funds received annually from the State. 2. The American Paint Horse Association must use a portion of the annual state funds received as a result of the Special Event Plan to expand, through enhanced advertising, the American Paint Horse Association World Championship Show annual event held in Fort Worth. The remaining state funds must be used for the purpose of developing or providing special promotions, incentives or awards for or associated with the annual American Paint Horse Association World Championship Show held in Fort Worth. 3. The City of Fort Worth will place the state funds it receives in a Special Event Trust Fund to be used for future enhancements to the Will Rogers Complex and the promotion of special events held at the Complex. 4. The City of Fort Worth and the American Paint Horse Association acowledge and agree that the terms of this Addendum are contingent on a current vali , � A��, between the parties and subject to receipt of state funds pursuant to approval of the Special Event Plan as outlined in Texas SB 1253. If for any reason the State of Texas does not approve the Special Event Plan, or the City does not receive state funds or SB 1253 is repealed or determined to be unconstitutional, the parties are relieved of all obligations outlined in this Addendum and this Addendum becomes null and void. All terms of the original agreement will remain in full force and effect. EXECUTED as of the date and year first above written at Fort Worth, Tarrant County, Texas. ATTEST: CITY OF FORT WORTH a&&,&S-4— . By City Se tart' Jc a i. A sist t ager Approved as to form and legality: Approval Refommended: By: �'`- — Sarah Fullenwider Kirk N' Slaughter Assistant City Attorney Director of Public Events AMERICAN PAINT HORS ASS CIATION NO M&C REQUIRED By: 4 'e-� Contract Authorization Representative OFFICIAL HCON2 ,