HomeMy WebLinkAboutContract 44768-A1 CSC No.44768-A1
FIRST AMENDMENT TO CITY SECRETARYCONTRACT NO.44768,
AN ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
This First Amendment to City Secretary Contract Number 44768("First Amendment")is by
and between the City of Fort Worth, a home-rule municipality organized under the laws of the State of
Texas, acting by and through its duly authorized Assistant City Manager, and Our Nation's Best Sports,
a Texas nonprofit corporation doing business as Nation's Best Sports("Company").
WHEREAS, City and Company are parties to City Secretary Contract("CSC") Number 44768,
an economic development program agreement("Agreement");
WHEREAS,the Agreement requires the Company to conduct at least two annual market or trade
shows lasting approximately five days each at the Fort Worth Convention Center or another location in the
City;
WHEREAS, due to public health concerns and space restrictions associated with COVID-19,the
Company was only able to conduct one trade show during 2021;
WHEREAS, because the cancellation of the second trade show was beyond the control of the
Company,the City and Company desire to exempt the 2021 requirement for the Company to host at least
two trade shows;
WHEREAS, Company met the remainder of its obligations for 2021 under the Agreement and is
eligible to receive the corresponding Program Grants;
NOW,THEREFORE,in consideration of the mutual covenants herein expressed,the parties agree
as follows:
1. Section 4.11 is hereby amended for the purpose of exempting the Trade Show Commitment
for calendar year 2021 by adding the following paragraph to read as follows:
"Notwithstanding anything to the contrary, the Company will not be required to
conduct two trade shows during the 2021 calendar year. This does not affect the
Trade Show Commitment for any of the remaining years of the Agreement."
2. The City and Company desire to add Section 22 to the Agreement to address future
instances of Force Majeure,which reads as follows:
"22. FORCE MAJEURE.
It is expressly understood and agreed by the parties to this Agreement that, if the
performance of any obligations hereunder is delayed by reason of war,government
action or inaction, orders of the government, epidemics, pandemics, civil
commotion, acts of God, strike, inclement weather, shortages or unavailability of
labor or materials, unreasonable delays by the City (based on the then-current
workload of the City department(s) responsible for undertaking the activity in
question) in issuing any permits, consents, or certificates of occupancy or
conducting any inspections of or with respect to the Development, Development
Property, Trade Show Commitment, or other circumstances that are reasonably
beyond the control of the party obligated or permitted under the terms of this
Agreement to do or perform the same,regardless of whether anv such circumstance
OFFICIAL RECORD
First Amendment to CSC 44768 CITY SECRETARY Iof2
FT.WORTH, TX
is similar to any of those enumerated or not, the parry so obligated or permitted
will be excused from doing or performing the same during such period of delay."
3. All terms and conditions of the Agreement not addressed herein remain in full force and
effect and are binding upon the parties.
4. All terms in this First Amendment that are capitalized but not defined have the meanings
assigned to them in the Agreement.
IN WITNESS WHEREOF, the City and Company have caused this First Amendment to be
executed and delivered by their duly authorized representatives in Fort Worth,Tarrant County,Texas.
CITY OF FORT WORTH OUR NATION'S BEST SPORTS,
a Texas nonprofit corporation doing business as
Nation's Best Sports:
By:-� By:9
Reginald Zeno James Chandley
Interim Assistant City Manager President
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
�,Rs,s,on
Name:Ryan Pohler
Title:Economic Development Specialist
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. Wallach
Assistant City Attorney �ddonnn�
ATTEST: aA.o° °O�d
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M�zo.zz,ason �� o° °�c
Jannette Goodall a044 rEXAS.o�p
City Secretary
Authorization: OFFICIAL RECORD
M&Cs: C-26269(May 21,2013);22-0305 (April 26,2022) CITY SECRETARY
FT.WORTH, TX
First Amendment to CSC 44768 2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/26/22 M&C FILE NUMBER: M&C 22-0305
LOG NAME: 17OURNATIONSBESTSPORTS380AMENTMENT1
SUBJECT
(CD 4) Authorize Execution of Amendment No. 1 to City Secretary Contract Number 44768, an Economic Development Program Agreement with
Our Nation's Best Sports,to Revise the Trade Show Commitment for 2021 to Account for COVID-Related Issues
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 1 to City Secretary Contract No. 44768, an Economic
Development Program Agreement with Our Nation's Best Sports,to exempt the 2021 requirements to host at least two trade shows,which is a
direct result of COVID-related issues.
DISCUSSION:
The City and Our Nation's Best Sports(Company)are currently parties to an Economic Development Program Agreement(Agreement) requiring
the Company to annually conduct at least two market or trade shows lasting approximately five days each at the Fort Worth Convention Center or
another location in the City(Trade Show Commitment). As a result of COVID-related issues, Company was unable to meet this obligation for
2021.
The Company has successfully met the requirements of the Trade Show Commitment in the previous six years. The Company was able to conduct
two market or trade shows in 2020 because both events occurred in January and February of 2020, in advance of any COVID-19 public event
space restrictions being implemented.
The Company informed Economic Development staff that it was unable to fully meet the requirements of the Trade Show Commitment in 2021,
only being able to conduct one marketing or trade show in August 2021, as a result of public health concerns and public event space restrictions
beyond the Company's control. This caused the Company to be out of compliance with the Trade Show Commitment for 2021, which would require
that the corresponding estimated grant payment of$1,197.92 be forfeited per the Agreement.
The Company reports that it is scheduled to meet the 2022 Trade Show Commitment. All other terms of the Agreementwill remain unchanged and
in full effect.
To account for such issues in the future,the parties will also include a force majeure clause.
Staff recommends approving this Mayor and Council Communication.
This project is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of this agreement will have no material effect on the Fiscal Year 2022 Budget.While no current year
impact is anticipated from this action, any effect on expenditures and revenues will be budgeted in future Fiscal Years and will be included in the
long-term financial forecast.
Submitted for City Manager's Office by: Reginald Zeno 8517
Originating Business Unit Head: Robert Sturns 2663
Additional Information Contact: Ryan Pohler 2627