Loading...
HomeMy WebLinkAboutContract 44949-A2 CITY SECRETARY CONTRACTNO. SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO.44949,A PROFESSIONAL SERVICES AGREEMENT WITH THE FORT WORTH CONVENTION AND VISITORS BUREAU This Second Amendment to City Secretary Contract Number 44949 ("Second Amendment") is by and between the City of Fort Worth ("City"), a home-rule municipality organized under the laws of the State of Texas,acting by and through its duly authorized Assistant City Manager, and the Fort Worth Convention and Visitors Bureau ("Bureau"), a Texas non-profit corporation, acting by and through its duly authorized President and C.E.O. WHEREAS, City and Bureau are parties to City Secretary Contract ("CSC") Number 44949, a professional services agreement under which the Bureau markets and promotes Fort Worth as a business and leisure destination; WHEREAS, the parties addended CSC 44949 three times -- twice for the purpose of funding additional marketing and promotional services to more key markets through targeted outreach during fiscal years 2014 and 2015 and once to fund a destination master plan--the same being CSC 44949-ADI, 44949-AD2, and 44949-AD3; WHEREAS, the parties amended CSC 44949 for the purpose of creating a sports marketing fund, the same being CSC 44949-A1 (CSC Numbers 44949, 44949-AD 1, 44949-AD2, 44949-AD3, and 44949-A 1 are collectively referred to herein as the"Agreement") WHEREAS, the Agreement has a five-year term, effective on October 1, 2013, and requires the Bureau to prepare and submit a yearly marketing plan to the City that includes the marketing and promotional activities and services to be performed by the Bureau for the upcoming fiscal year to promote the entire city and all of its facilities and amenities("General Marketing"); WHEREAS, funding for the General Marketing is derived from a percentage allocation of hotel occupancy Tax Collections as defined in the Agreement; WHEREAS, said funds are payable in 12 equal monthly installments based on budget projections of hotel occupancy tax revenues and subject to a yearly "true up" process that identifies deviations between actual hotel occupancy tax collections and budget projections and corrects those deviations through a series of adjustments in the subsequent year's payments; WHEREAS, during the annual budget process, the City may also allocate additional hotel occupancy Tax Collections into three special accounts to assist in attracting, maintaining, and retaining convention and equestrian-related business at the City's public facilities (the Fort Worth Convention Center Public Facilities Fund and the Will Rogers Memorial Center Public Facilities Fund) and to promote and market the sports tourism industry in the City (the Sports Marketing Fund), along with a separate fund to support the Fort Worth Herd; WHEREAS, research shows that the number en do not visit ForthA ,� lack of awareness; v rIC1,1.L �.CCD t 'aTAYO�FOQ�QA 0 I TX Second Amendment to CSC 44949 '" ` WHEREAS, when a movie, film, or television show films on location, it brings with it jobs, revenue, hotel stays, car rentals, place recognition, and potential infrastructure development, all of which provide an immediate boast to local economies; WHEREAS, the Motion Picture Association of America recently released a report on the economic impact of the motion picture and television industry on Texas, which includes 40,993 direct jobs, $1.83 billion in wages (including both production and distribution-related jobs), 10,882 production- related jobs; WHEREAS, the lasting impact of location-based filming is also significant and results in increasing visitation numbers at film locations; WHEREAS, film tourism increases the cultural value for the film location because many heritage sites that serve as film locations gain fame after the film's release because the places obtain significant meaning through the film narration; WHEREAS, some examples of increased visitation to heritage and other sites include the following: the Wallace Monument in Scotland saw a 300% increase a year after the release of Braveheart; the location for Field of Dreams in Iowa experienced 35,000 visits in 1991 and a steady increase every year thereafter; various locations in the United Kingdom experienced an increase of 50% or more in all filmed locations for Harry Potter;the National Park in Sydney,Australia saw an increase of 200% in 2000 after the release of Mission Impossible 2; WHEREAS, television series are even more influential as they can constantly emphasize the appeal of a destination; WHEREAS, the Agreement currently allows for the Bureau to use a portion of its General Funding in support of subgrants for the arts to nonprofit entities and organizations; however, such subgrants are not targeted to attracting the motion picture, film, and television industry to the City to perform location filming and production; WHEREAS, an expanded effort around motion picture, film, and television marketing, especially as it relates to location filming and production in the City, would allow the City to (1) attract companies in the motion picture, film, and television industry to film and produce in the City of Fort Worth with the goal of increasing national awareness of the City of Fort Worth; (2) further motion picture, film, and television promotional efforts to expand the vision of marketing Fort Worth nationally; and (3) build a larger community-wide focus on motion picture, film, and television marketing, specifically in the areas of education, stakeholder engagement, and expanded collaborations with film and production companies; WHEREAS, Fort Worth has a significant opportunity to enrich its motion picture, film, and television marketing program and realize increased economic activity for the City and the entire region by engaging the Bureau to provide focused motion picture, film, and television marketing as an additional targeted marketing service to complement and supplement the General Marketing efforts; Second Amendment to CSC 44949 2 of 8 WHEREAS,to further enhance the impact of motion picture, film, and television tourism on the Fort Worth area, the parties have agreed to create a new Motion Picture, Film, and Television Marketing Fund; WHEREAS, funding for the motion picture, film, and television marketing services under this Second Amendment are intended to supplement the current funding models under the Agreement and do not affect the general funding percentage allocation or the associated"true up"process; and NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. Section 2.01, Definitions, shall be revised to add "Motion Picture, Film, and Television Marketing Fund"to the list of defined terms in this Agreement "(xix) Motion Picture, Film, and Television Marketing Fund ("FMF'') shall be defined as: A fund administered in accordance with the terms of this Agreement and available for the purpose of promoting and marketing the City of Fort Worth to the motion picture, film,and television industry to raise national awareness of the City." 2. Section 4.02, Fundingfor Specialized Marketing and Promotional Obligations, is hereby amended to reflect the new funding obligations for the FMF. Nothing contained herein is intended to amend Sections 4.02(1)-(iii)relating to the SPFFs, Fort Worth Herd Operations, and SMF. "4.02 Fundin for or Specialized Marketing and Promotional Obligations. In addition to the General Funding, the City may, in connection with the annual budget process, allocate funds from projected Tax Collections for the upcoming Fiscal Year to the Bureau to carry out the following specialized marketing and promotional obligations: (i) the Special Public Facilities Funds, (ii) the Fort Worth Herd Operations, (iii) the Sports Marketing Fund, and(iv)the Motion Picture, Film, and Television Marketing Fund as set forth below:" "(iv) Motion Picture, Film, and Television Marketing Fund. Funding for the FMF shall be outlined herein. (a) The City will allocate up to $12,500.00 for Fiscal Year 2017- 2018 for the FMF within thirty (30) calendar days after execution of this Second Amendment. (b) Funding for subsequent Fiscal Years shall be agreed upon annually based on the Bureau's budget and submissions and available funds to support the FMF. (c) The Bureau shall maintain and account for the FMF. Second Amendment to CSC 44949 3 of 8 (d) Any unused funds will carry over to the following Fiscal Year's use for the FMF and shall supplement the total funding to be contributed by the City during that Fiscal Year. (e) Use and expenditure of the SMF shall be subject to the terms and conditions of this Agreement." 3. Section 5.04, Budget, is hereby deleted in its entirety and replaced with the following section, which adds the FMF to the budgeting requirements and shall read as follows: "5.04 Budget. The Bureau has prepared and submitted its proposed written budget for Fiscal Year 2014 to the City. For the remaining Term, the Bureau shall submit to the City a proposed written budget for the upcoming.Fiscal Year on or before March 1 of each upcoming Fiscal Year for consideration and approval. The budget shall (i) include proposed funding for the General Funding, the SPFFs, Herd operations, SMF, and FMF; and (ii) indicate the projected available Tax Collections for the ensuing Fiscal Year and any amounts available in the Bureau's reserve fund and available funding for the SPFFs, SMF, and FMF. The budget must be submitted to and approved by the Bureau's Executive Committee prior to submission to the City. In accordance with Section 351.101(c) of the Texas Tax Code, the City, in writing, shall approve in advance the Bureau's annual budget." 4. Section 5.05, Services, Activities, and Functions, is hereby amended to add a new Subsection 5.05(i)(o)to reflect the addition of the FMF. "(o) The Bureau shall abide by all requirements set forth in this Agreement regarding the maintenance and use of the FMF." 5. Section 6, Special Public Facilities Funds, shall be amended, in whole,to set forth the purpose of the new FMF and the Bureau's obligations in carry out such purpose. Section 6 is hereby amended in its entirety to read as follows: "6. SPECIALIZED MARKETING FUNDS 6.01 Generally. The City and the Bureau recognize the need to maintain Specialized Marketing Funds, each of which is dedicated to assist in attracting, maintaining, and retaining tourism and convention business at a certain facility in Fort Worth or in a certain entertainment-and-tourism sector. The "Specialized Marketing Funds" consist of the two Special Public Facilities Funds, the SMF, and FMF, each of which is to be administered and utilized in accordance with the terms of this Section and the Agreement. (i) SPFFs. In order to book events that bring strong economic value and an excellent quality of life to the community, the City, in cooperation with the Bureau, must from time-to-time provide incentives in the form of adjusted Second Amendment to CSC 44949 4 of 8 facility rents and other promotional program benefits to attract and retain priority groups. The SPFFs serve such a purpose and shall be administered in accordance with this Section. (ii) SMF. In order to enhance sports tourism throughout Fort Worth, the Bureau shall utilize the SMF to, at a minimum, expand its sports marketing efforts to (1) attract new investment from corporations; (2) further sports marketing promotional efforts and expand the vision of marketing Fort Worth nationally; (3) create an increased focus on community events and a vision for venue support and expansion; and (4) build a larger community-wide focus on sports marketing, specifically in the areas of education, stakeholder engagement, and expanded collaborations with private institutions The SMF shall serve such a purpose and shall be administered in accordance with this Section. (iii) FMF. In order to increase awareness of the City of Fort Worth, the Bureau shall utilize the FMF to, at a minimum, expand its motion picture, film, and television marketing efforts, especially as it relates to location filming and production in the City, to (1) attract companies in the motion picture, film, and television industry to film and produce in the City of Fort Worth with the goal of increasing national awareness of the City of Fort Worth; (2) further motion picture, film, and television promotional efforts to expand the vision of marketing Fort Worth nationally; and (3) build a larger community-wide focus on motion picture, film, and television marketing, specifically in the areas of education, stakeholder engagement, and expanded collaborations with film and production companies. 6.02 Accountinia (i) The Specialized Marketing Funds will each be maintained in one or more separate Bureau accounts and will not be commingled with any of the Bureau's operating or personal accounts. (ii) The Bureau will have the sole responsibility to keep and maintain an accurate accounting of all funds that are in the Specialized Marketing Funds and all outstanding and upcoming commitments from the funds and shall provide the City with access to such accounting on request. 6.03 Miscellaneous (i) Fort Worth Convention Center SPFF Second Amendment to CSC 44949 5 of 8 (a) The Bureau will have sole authority over all expenditures from the FWCC SPFF made in compliance with the limitations prescribed by this Agreement. (b) The Bureau may request pricing for convention groups and, from time-to-time, may ask the City to substantially discount rent to convention groups. (c) The Bureau shall reimburse the City for all such rental discounts offered to attract a convention to the City for which the City requests reimbursement, unless otherwise agreed to by the parties in writing. (d) The Bureau agrees to honor all pre-existing discounts that have been established for convention rental and services. (e) It is the responsibility of the Bureau to keep accurate records of commitments and encumbrances made to organizations booked into the FWCC for future years and to ensure that the FWCC SPFF's financial capacity is not over committed. In the event that financial commitments have been made to support the activities of organizations and funds in the FWCC SPFF are not sufficient to make the financial payments, the Bureau agrees to make the City whole for such commitments. (ii) Will Rogers Memorial Center SPFF (a) The City and Bureau understand that there are some historical uses of the WRMC SPFF to support events held at the WRMC, some by contract and some by tradition. This specifically includes uses by Equestrian Shows, Stock Show Equestrian marketing services, Stock Show Rodeo tickets, and other important events and client entertainment as approved by the Director. These organizations and others have received cash support, event support, and entertainment support, among other types of support, funded through the WRMC SPFF. This Agreement shall allow for such types of support and others as deemed necessary by the Director to continue as part of the WRMC SPFF activities. Second Amendment to CSC 44949 6 of 8 (b) The Bureau and the Director will concur on the expenditures made from the WRMC SPFF fund. In the unlikely situation where the Bureau and the Department do not agree on expenditures, the City Manager's office will make the final determination. (iii) SMF and FMF (a) The Bureau will have sole authority over all expenditures from the SMF and FMF made in compliance with the limitations prescribed by this Agreement. 6. Funding for the FMF shall not affect the general funding percentage allocation or the associated "true up"process set forth in the Agreement. 7. All services performed under this Second Amendment are subject to all other applicable provisions of the Agreement, including, but not limited to, Sections 9-31 of the Agreement. 8. All terms and conditions of the Agreement not addressed herein remain in full force and effect and are binding upon the parties. 9. All terms in this Second Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF, the City and Bureau have caused this Second Amendment to be executed and delivered by their duly authorized representatives in Fort Worth, Tarrant County, Texas on day of 92017. CITY OF FORT WORTH FORT WORTH CONVENTION AND VISIT READ By: By: san Alanis Robert Jameson Assistant City Manager President and CEO 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. \�-- Q 4XAQ)\11 — r4ame: k'—'*ttC1k1 UA Title: Y" a44 L RECD 77) 1TY� Ci�,.IA Y Second Amendment to is tit 44949 n ;0RTH?TX 7 If 8 APPROVED AS TO FORM AND LEGALITY: Tyl 160h Assistant C• orney ATTEST: � O MAy Ier City Secreta 'Q y &G.M y� Authorization: M&C Numbers: C-2648 (September 24, 2013); C-26493 (October 7, 2013); C-26800 (May 13, 2014); C- 28037(December 13,2016) ;:r,C« ,.xAY Second Amendment to CSC 44949 � "S of I