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HomeMy WebLinkAboutContract 44949-SA1 1 lollr2 RETARY CITY NO. #W111- SAI a 3FORTWORTH N ..� City of Fort Worth June 16,2017 Fort Worth Convention and Visitors Bureau Atm: Bob Jameson 111 W.4a'Street, Ste.200 OFFICIAL RECORD Fort Worth,Texas 76102 CITY SECRETARY FT. UVORTH,TX Via email: BobJameson@fortworth.com RE: Supplemental agreement regarding additional funding for the Fort Worth Herd Dear Mr. Jameson: The City of Fort Worth ("City") and Fort Worth Convention and Visitors Bureau (`Bureau") are currently parties to a professional services agreement concerning the marketing and promotion of the City, said agreement being City Secretary Contract Number 44949 dated effective as of October 1, 2013 (as amended to date, the "Marketing Agreement"). As part of the Marketing Agreement, the Bureau has committed to managing, administering, and ensuring the continued operation of the Fort Worth Herd ("Herd") in a manner that maintains the integrity and public good will associated with the Herd program and brand. Annual funding for the Herd is based upon the Bureau's budget submissions and available funds to support the Herd. For Fiscal Year 2017, the City allocated $876,564.00 to the Bureau for the Herd operations. Since 1999, the Herd has been headquartered out of, and conducting daily cattle drives in, the Fort Worth Stockyards ("Stockyards"). As a result of planned redevelopment activities in the Stockyards, the Herd has been temporarily displaced from its current headquarters in the Stockyards. As part of the City's ongoing obligation under the Agreement to assist the Bureau in whatever manner is needed to ensure the continued integrity, successful operation, and long-term viability of the Herd program and brand, the City recently agreed to license the former mounted police patrol site located at 2500 N. Houston Street ("Temporary Herd Site") for temporary housing of livestock and storage associated with the Herd until construction of the Herd's new facility in the Stockyards is completed, said agreement City Secretary Contract Number 48522("License Agreement"). The Herd's move to the Temporary Herd Site has resulted in $57,000.00 in additional, unexpected expenses on the part of the Bureau, including upgrades to the Temporary Herd Site. The expenditures are necessary to maintain the integrity and public good will of the Herd program and brand because they relate directly to the Bureau's ability to manage, administer, and operate the Herd. This letter is intended to serve CITY MANAGER'S OFFICE THE CITY OF FORT WORTH*1000 THROCKMORTON STREET*FORT WORTH,TEXAS 76102 (817)392-6111-FAX(817)392-6134 Mr.Bob Jameson June 16,2017 Page 2 of 3 as a supplement to the Marketing Agreement by memorializing and confirming the parties' respective commitments regarding additional Herd funding to the Bureau for Fiscal Year 2017 ("Supplemental Agreement"). 1. In recognition of the Bureau's ongoing obligation to manage, administer, and ensure the continued operation of the Herd in a manner that maintains the integrity and good will associated with the Herd program and brand and the City's obligation to assist the Bureau to achieve these goals, the City has agreed to increase the Bureau's Herd funding for Fiscal Year 2017 by $57,000.00 to a total of$933,564.00. The Bureau may expend said funds to fulfill any of its Herd obligations under the Marketing Agreement. 2. Except as expressly provided under the terms of this Supplemental Agreement, any and all terms and conditions of the Marketing Agreement shall remain in full force and effect and the parties shall continue to be bound by the terms and conditions of the Marketing Agreement. 3. This Supplemental Agreement may be executed in multiple counterparts, each of which will be deemed as original, but which together will constitute one and same instrument. A signature received via facsimile or electronically via e-mail shall be as legally binding for all purposes as an original signature. 4. All capitalized terms used in this Supplemental Agreement and not defined herein shall have the meanings assigned to them in the Marketing Agreement. Please execute three (3) copies of this Supplemental Agreement and send them to the Kirk Slaughter for routing through the City. Very truly yours, CITY OF FORT WORTH By:15�Z�aQa'_ S san Alanis Assistant City Manager Date:(p f It`�'� By signing below, you represent to the City of Fort Worth that you have the right to enter into this Supplemental Agreement on behalf of the Bureau and to bind the Bureau to the terms herein. Received,Acknowledged and Agreed this day of ! c .�, ,2017. CITY MANAGER'S OFFICE THE CITY OF FORT WORTH H 1000 THROCKMORTON STREET H FORT WORTH,TEXAS 76102 (817)871-6111 H FAX(817)871-6134 Mr.Bob Jameson June 16,2017 Page 3 of 3 FORT WORTH CONVENTION AND VISITORS BUREAU By: Obert James President and CEO AUTHORIZATION: M&C: G - Uz 5-? Date: 741'v- 4,i ?,5! ? rii iR^v`v ID AS TO FORivi LEGALITY: `Tyler F al ch QF FQ/�T Asstty i aAttorney A T S ary ayser ity Secretary N�Xia1$ 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. Stacey ur Assistant trector FOFFICIALORD ARY TX CITY MANAGER'S OFFICE THE CITY OF FORT WORTH H 1000 THROCKMORTON STREET H FORT WORTH,TEXAS 76102 (817)871-6111 H FAX(817)871-6134 C-28257 C CERTIFICATE OF INTERESTED PARTIES FolRnn 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-216021 Fort Worth Convention&Visitors Bureau Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that Is a party tot the contract for which the form is 05/31/2017 being filed. City of Fort Worth Date A kn dged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 44949 Additional expenses related to the management,operation,administration of the Fort Worth Herd 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only It there is NO Interested Party. a X 6 AFFIDAVIT I swear,arm,u der penalty of perjury,that the above disclosure is true and correct. ERLINDA GERCIO DE JESUS Notary Public,State Of Texas a"s My Commission Expires r-- �'*%�Y„;N` August 31, 2017 Signature of authorized agenllllcan acfing business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said U80T I-• TAMOSC*J ,this the 31 day of MA�y 20J_I _,to certify which,witness my hand and seal of office. /(hd" � 4 FUlfJOA Q. Ds Tea AV WO TA&I ?94SW✓ Signature of officer admini ening oath Printed name of officer administering oath Tide of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 M&C Review Page 1 of 2 Official site of the Gty of Fort Worth,Texas CITY COUNCIL AGENDA FOR� RT1I COUNCIL ACTION: Approved on 6/6/2017 -Ordinance No. 22738-06-2017 DATE: 6/6/2017 NOFERENCE,,.0-28257 LOG NAME: 25CVBAMENDMENT2017_FY16TRUEUPAPPROP CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Supplemental Letter Agreement with the Fort Worth Convention and Visitors Bureau to Provide a One-Time Funding Increase in the Amount of$57,000.00 for Additional, Unexpected Expenses Related to the Management, Administration and Operation of the Fort Worth Herd and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a supplemental Letter Agreement with the Fort Worth Convention and Visitors Bureau to provide a one-time funding increase in the amount of$57,000.00 for additional, unexpected expenses related to the management, administration and operation of the Fort Worth Herd per Fort Worth City Secretary Contract No. 44949; and 2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the Culture and Tourism Fund in the amount of$48,479.00 from revenues generated from the annual funding reconciliation process with the Fort Worth Convention and Visitors Bureau. DISCUSSION: The City and Fort Worth Convention and Visitors Bureau (Bureau) are currently parties to a Professional Services Agreement concerning the marketing and promotion of the City, said Agreement being City Secretary Contract No. 44949 dated effective as of October 1, 2013(as amended to date, the Marketing Agreement). As part of the Marketing Agreement, the Bureau has committed to managing, administering and ensuring the continued operation of the Fort Worth Herd (Herd) in a manner that maintains the integrity and public good will associated with the Herd program and brand. Annual funding for the Herd is based upon the Bureau's budget submissions and available funds to support the Herd. For Fiscal Year 2017, the City allocated $876,564.00 to the Bureau for the Herd operations. Since 1999, the Herd has been headquartered out of, and conducting daily cattle drives in, the Fort Worth Stockyards (Stockyards). As a result of planned redevelopment activities in the Stockyards, the Herd has been temporarily displaced from its current headquarters in the Stockyards. As part of the City's ongoing obligation under the Marketing Agreement to assist the Bureau in whatever manner is needed to ensure the continued integrity, successful operation, and long-term viability of the Herd program and brand, the City recently agreed to license the former mounted police patrol site located at 2500 N. Houston Street(Temporary Herd Site)for temporary housing of livestock and storage associated with the Herd until construction of the Herd's new facility in the Stockyards is completed (City Secretary Contract No. 48522). The Herd's move to the Temporary Herd Site has resulted in $117,041.69 in additional expenses on the part of the Bureau, including upgrades to the Temporary Herd Site. The Friends of the Fort Worth HERD, a support group for the HERD, has raised and committed $60,000.00 towards those expenses, with the City committing the remaining $57,000.00. The remaining $57,000.00 in expenditures are necessary to maintain the integrity and public good will of the Herd program and brand because they relate directly to the Bureau's ability to manage, administer and operate the Herd. In recognition of the Bureau's ongoing obligation to manage, administer and ensure the continued operation of the Herd in a manner that maintains the integrity and good will associated with http://apps.cfwnet.org/council_packet/mc review.asp?ID=24523&councildate=6/6/2017 6/26/2017 M&C Review Page 2 of 2 the Herd program and brand and the City's obligation to assist the Bureau to achieve these goals, Staff recommends increasing the Bureau's Herd funding for Fiscal Year 2017 by$57,000.00 to a total of$933,564.00. The Bureau may expend said funds to fulfill any of its Herd obligations under the Marketing Agreement. Funding for the Bureau's general marketing and promotional activities and services under the Marketing Agreement is derived from a percentage allocation of the Hotel Occupancy Tax (HOT) collections that the City receives and that are not otherwise restricted or dedicated to a specific purpose by state law or local ordinance or Agreement. During the annual budget process, the City allocates additional HOT funds to support the Herd. Per the Marketing Agreement, payment to the Bureau for each fiscal year is calculated during the budget process based on projected HOT collections and is paid in equal installments over the course of the year. After the close of the fiscal year, the actual HOT collections are compared to the budgeted projections and adjustments are made to true-up the funding. For Fiscal Year 2016, the City received $48,479 from the Bureau as part of the true-up. This additional expense is unbudgeted in the adopted Fiscal Year 2017 Public Events budget. The expense to the Bureau will be increased by $57,000.00 for the purposes stated herein, but will be partially offset by additional appropriations of$48,479.00 as a result of the Fiscal Year 2016 funding reconciliation between the City and the Bureau as part of the Marketing Agreement. The net effect will be $8,521.00 in additional departmental spending, which is anticipated to be offset by savings in the Public Events Department's operating maintenance center. This property is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds are available in the current Fiscal Year 2017 operating budget of the Culture &Tourism Fund and that prior to an expenditure being made, the participating department has the responsibility to validate available funds. TO Fund Department Account Project Program Activity Budget Reference# ID ID Year (Chartfield 2)7 mount FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Kirk Slaughter(2501) Additional Information Contact: Stacey Church (2502) ATTACHMENTS 25CVBAMENDMENT 2017 A017 (rev).docx CERTIFICATE OF INTERESTED PARTIESCVB.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24523&councildate=6/6/2017 6/26/2017