HomeMy WebLinkAboutContract 36003-A3 (2) CITY SECRETARY
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' CONTRACT N0.
VIA
FIRST RENEWAL AND THIRD AMENDMENT TO
CITY SECRETARY CONTRACT NO. 36003
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND
THE FORT WORTH CONVENTION AND VISITORS BUREAU
THIS FIRST RENEWAL AND THIRD AMENDMENT to City Secretary Contract
No. 36003 ("First Renewal and Third Amendment") is made and entered into by and between
THE CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas
("City"), acting by and through its duly authorized Assistant City Manager, and the FORT
WORTH CONVENTION AND VISITORS BUREAU ("Bureau"), acting by and through its
duly authorized President.
RECITALS
WHEREAS, section 351.002 of the Texas Tax Code authorizes the City to levy by
ordinance a hotel occupancy tax;
WHEREAS, the City has levied such a tax by adopting Article II of Chapter 32 of the
Fort Worth City Code (1986), as amended;
WHEREAS, section 3 5.101 of the Texas Tax Code mandates that the proceeds of such a
tax be dedicated to certain authorized promotional activities related to tourism and the
convention and hotel industry, including the advertising and conducting of solicitations and
promotional programs to attract tourists and convention delegates or registrants to the City
and/or its vicinity; and the conducting of activities to encourage tourists and convention
delegates to visit preserved historic sites located within the City;
WHEREAS, section 351.101(c) of the Texas Tax Code authorizes a municipality to
contract with another entity to manage and supervise programs or activities funded with revenue
from the hotel occupancy tax;
WHEREAS, the City and the Bureau have entered into a series of contracts under the
terns of which the Bureau has successfully and professionally performed services for the City
related to the promotion of tourism and the convention and hotel industry and to the
administration of activities funded by hotel occupancy tax revenue, the current agreement being
Fort Worth City Secretary Contract 36003, as amended by CSC 36632 and CSC 36003 A-2,
("CSC 36003");
WHEREAS, the initial term of CSC 36003 was for five years, beginning on October 1,
2007 and expiring on September 30, 2012, with an option to renew and extend the agreement for
two addition one-year terms upon prior written mutual consent of the parties;
WHEREAS, pursuant to the terms of CSC 36003, the parties have provided each other
with written notice of their desire to extend the contract for one additional year no later than
sixty days prior to the expiration of the initial five-year term;
OFFICIAL RECORD
First Renewal and Third Amendment to CSC 36003 CITY SECRETARY 1 of 3
FT. WORTH,TX
WHEREAS, all amounts allocated to the Bureau under Subsection 5.01.A. of CSC
36003, including annual increases, are subject to funding availability and approval by the Fort
Worth City Council; and
WHEREAS, on September 25, 2012, the Fort Worth City Council (M&C C-25885)
authorized the City to extend the term of CSC 36003 for one additional year and increase the
allocation of funds to the Bureau for Fiscal Year 2013.
NOW THEREFORE, for and in consideration of the performance of the mutual
covenants and assurances herein contained, the parties do hereby covenant and mutually agree as
follows:
I.
The City and Bureau hereby agree to renew and extend CSC 36003 on the same terms
and conditions for a one-year renewal period, to be effective on the 1" day of October 2012 and
expire on the 3 1"day of September 2013 ("First Renewal Term").
II.
Subsection 5.01.A of Section 5, "Allocation of Hotel Occupancy Tax Revenues," of CSC
36003 is hereby amended to add the following language to last sentence of this subsection:
"The City shall allocate a base budget of$8,419,921.00 to the Bureau for
the First Renewal Term for the performance of the professional services
by the Bureau under the terms of CSC 36003."
III.
All terms in this First Renewal and Third Amendment that are capitalized but not defined
shall have the meanings assigned to them in CSC 36003.
IV.
All terms and conditions of CSC 36003 that are not expressly amended pursuant to this First
Renewal and Third Amendment shall remain in full force and effect.
First Renewal and Third Amendment to CSC 36003 2 of 3
EXECUTED in multiple originals on this the &(�—day of , 2013.
CITY OF FORT WORTH, TEXAS FORT WORTH CONVENTION AND
VISITORS BUREAU
By: By:
n Alanis Robert L. Jameson
Assistant City Manager President & CEO
APPROVAL RECOMMENDED:
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By:
Kirk Slaughter
Director of Public Events
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City Secretary a44 rix4�c��
APPROVED AS TO FORM
AND LEGALITY:
By. _
Tyletf. Wallach
Assistant City Attorney
M&C: C-25885
Date: September 25, 2012
OFFICIAL RECORD
First Renewal and Third Amendment to CSC 36003 CITY SECRETARY 3 of 3
FT. WORTH, Tx
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 9/25/2012 '„ �
DATE: Tuesday, September 25, 2012 REFERENCE NO.: C-25885
LOG NAME: 25CVBAMEND2012
SUBJECT:
Authorize Extension and Amendment to City Secretary Contract No. 36003, as Previously Amended, with
the Fort Worth Convention and Visitors Bureau to Extend the Term Until September 30, 2013 and Amend
Allocation of Funds for a Total Amount of$8,419,921.00 for Fiscal Year 2013 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the extension and amendment to City Secretary
Contract No. 36003, as previously amended, with the Fort Worth Convention and Visitors Bureau to
extend the term until September 30, 2013 and amend the allocation of funds for a total amount of
$8,419,921.00 for Fiscal Year 2013.
DISCUSSION:
On September 2, 2007, (M&C C-22414)the City Council authorized a Professional Services Contract with
the Fort Worth Convention and Visitors Bureau (CVB)for a term of five years with two one-year
extensions. Funding for the contract stipulated a base funding amount with an automatic 3 percent annual
increase through the term of the Agreement, subject to the availability of funds. Due to budgetary
challenges, the annual increase was not consistently applied throughout the Agreement; however,
supplemental appropriations were approved based on availability of funds. On December 15, 2009, (M&C
C-24008)the City Council authorized an amendment to the Professional Services Contract with the CVB
to provide for the management of the Fort Worth Herd.
Staff and representatives from the CVB have begun discussions on a new Professional Services Contract.
The purpose of this Mayor and Council Communication is to extend and amend City Secretary Contract
No. 36003 (Agreement), as previously amended, with the CVB. The CVB has communicated its desire to
extend the term of the Agreement by one additional year through September 30, 2013 and Staff
recommends the same. Approval of this extension will allow the CVB to continue performing its obligations
under the Agreement while the parties discuss and negotiate a new Professional Services Contract.
Staff also recommends an amendment to the Agreement to allocate the amount of$8,419,921.00 in
funding from Hotel Occupancy Revenues to the CVB to fulfill its obligations under the Agreement for
Fiscal Year 2013. This amendment would authorize the proposed allocation in the amount of
$8,419,921.00 from the Culture and Tourism Fund for Fiscal Year 2013 and is budgeted in the Fiscal Year
2013 Budget.
This program serves the entire City and ALL COUNCIL DISTRICTS.
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the Fiscal Year 2013
operating budget, as appropriated, of the Culture and Tourism Fund.
Logname: 25CVBAMEND2012 Page 1 of 2
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/AccountMenters
GG04 539120 0241000 $7.785,199.00
GG04 522140 0241001 $67.00
GG04 523200 0241001 $1,475.00
GG04 537030 0241001 $4,354.00
GG04 537060 0241001 $2,870.00
GG04 539120 0241001 $625,956.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Kirk Slaughter (2501)
Additional Information Contact: Kirk Slaughter (2501)
ATTACHMENTS
No attachments found.
Logname: 25CVBAMEND2012 Page 2 of 2