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 ,