HomeMy WebLinkAboutContract 44949-AD4 9 �
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FOURTH ADDENDUM TO CITY SECRETARY CONTRACT No. qq Lt
CT 44949,A PROFESSIONAL SERVICES AGREEMENT WITH THE FORT
2 WORTH CONVENTION AND VISITORS BUREAU
his F Addendum to City Secretary Contract Number 44949 ("Fourth Addendum") is
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tgly 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 the Fort Worth
Convention and Visitors 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 the CSC 44949 three times for the purpose of funding
additional marketing and promotional services to more key markets through targeted outreach during
fiscal years 2014 and 2015 and funding the Destination Master Plan, the same being CSC 44949-ADI,
CSC 44949-AD2, and CSC 44949-AD3;
WHEREAS, the parties have also amended CSC 44949 on several occasions, the same being
CSC 44949-A1, CSC 44949-A2, and CSC 44949-SAI (CSC Nos. 44949, 44949-ADI, 44949-AD2,
44949-AD3, 44949-A1, 44949-A2, and 44949-SAI 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, public transportation is a coveted amenity that many convention planners and other
visitors consider when choosing a destination;
WHEREAS, Molly the Trolley, which is operated by Trinity Metro, is a free, publicly-available,
vintage-looking trolley that travels from the Fort Worth Convention Center to Sundance Square every 15
minutes, seven days a week, from 10:00 a.m. to 10:00 p.m.;
EOFFICIALRECORD
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Fourth Addendum to CSC 44949 of 4
WHEREAS, Molly the Trolley stops near downtown hotels, landmarks, restaurants, shops,
entertainment venues, and the Intermodal Transportation Center where individuals can access the
commuter rail on the TRE and Amtrak, city and state bus service, and rental cars;
WHEREAS, the frequency, availability, and cost-free nature of Molly the Trolley provides
convention goers and tourists, alike, with greater access to some of the City's most desired destinations
and, thus, serves as a vital tool in promoting the City;
WHEREAS, other competing cities offer visitors and convention attendees access to free public
transportation around their downtown areas as a promotional program to increase hotel room nights;
WHEREAS, the cost of operating Molly the Trolley is approximately $1 million per year, and
includes funding from the Bureau, Downtown Fort Worth, Inc., Sundance Square, and numerous
downtown hotels;
WHEREAS, the City acknowledges the importance of Molly the Trolley as a crucial part of the
downtown visitor experience and desires to participate in funding its continued operation as a free service
to the public;
WHEREAS, City desires to participate in funding the operations of Molly the Trolley for the
next three years, which is beyond the scope of the General Marketing;
WHEREAS, funding for Molly the Trolley would be in addition to and fall outside of the
funding model under the current Agreement and would 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. The City agrees to pay the Bureau Thirty Thousand Dollars and No Cents ($30,000.00)
("Molly Funds") in three equal installments as set forth below to partially fund the continued operation of
Molly the Trolley.
a. For Fiscal Year 2017-2018, the City will pay the Bureau Ten Thousand Dollars
and No Cents ($10,000.00) within thirty (30)business days after the execution of
this Fourth Addendum.
b. For Fiscal Year 2018-2019, the City will pay the Bureau Ten Thousand Dollars
and No Cents ($10,000.00) on or before October 31, 2018.
C. For Fiscal Year 2019-2020, the City will pay the Bureau Ten Thousand Dollars
and No Cents ($10,000.00) on or before October 31, 2019.
2. It is understood and agreed that all Molly Funds will be used solely for the purpose of
funding the continued operation of Molly the Trolley at no cost to the users and for no other purpose.
3. Any funding beyond September 30, 2018, which is the expiration of the Initial Term of
this Agreement will be subject to and contingent upon the parties the parties exercising the renewal option
under Section 3.02 or the execution of an amendment extending the initial term of this Agreement.
Fourth Addendum to CSC 44949 2 of 4
4. It is further understood and agreed that the Molly Funding is in addition to and falls
outside of the funding model under the current Agreement and shall not affect the general funding
percentage allocation or the associated "true up"process set forth in the Agreement.
5. All services performed under this Fourth Addendum are subject to all other applicable
provisions of the Agreement, including,but not limited to, Section 9-31 of the Agreement.
6. All terms and conditions of the Agreement not addressed herein remain in full force and
effect and are binding upon the parties.
7. All terms in this Fourth Addendum 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 Fourth Addendum to be
executed and delivered by their duly authorized representatives in Fort Worth, Tarrant County, Texas on
day of AA , 2018.
CITY OF FORT WORTH FORT WORTH CONVENTION AND
VISITORS BUREAU
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By: By:
usa Alanis kRobeij Jameson
Assistant City Manager XuAnt and CEO
APPROVAL RECOMMENDED:
By:
Kirk Slaughter M&C:
Director of Public Events
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APPROVED AS TO FORM
AND LEGALITY:
Tyler
Assistant City Attorney
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CITY SECRETARY
FT.WORTH,TX
ah J. Kayser * `
City Secretary
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Fourth Addendum to CSC 44949 3 of 4
Authorization:
M&C Numbers: C-2648 (September 24, 2013); C-26493 (October 7, 2013); C-26800(May 13,2014)
Fourth Addendum to CSC 44949 4 of 4
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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.
An&ea Vir(q h�/
Name of Em to ee/Si e
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT�WORT111
COUNCIL ACTION: Approved on 5/13/2014 -Ordinance No. 21238-05-2014
DATE: 5/13/2014 REFERENCE **C-26800 LOG NAME: 25CVBALLOCATION14
NO..
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Addendum to City Secretary Contract No. 44949, an
Agreement with the Fort Worth Convention and Visitors Bureau, in the Amount of
$150,000.00 for Additional Marketing Services and Adopt Supplemental Appropriation
Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an addendum to City Secretary Contract No. 44949, a Professional
Services Agreement, with the Fort Worth Convention and Visitors Bureau in the amount of
$150,000.00 for additional marketing services; and
2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the Culture and Tourism Fund in the amount of$150,000.00 and decreasing the
assigned Culture and Tourism Fund balance by the same amount.
DISCUSSION:
The City and the Fort Worth Convention and Visitors Bureau (CVB) are parties to City Secretary
Contract No. 44949 (M&C C-26483 and M&C C-26493), a Professional Services Agreement, under
which the CVB markets and promotes Fort Worth as a business and leisure destination. The
Agreement has a term of five years effective on October 1, 2013 and requires the CVB to prepare
and submit a yearly marketing plan to the City that includes the services to be performed by the CVB
for the upcoming fiscal year.
Funding for the CVB's general marketing and promotional activities and services comes from an
allocation of 47 percent 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.
Funds are payable in 12 equal monthly installments based on budget projections of HOT revenues
and subject to a yearly"true up"process that identifies deviations between actual HOT collections
and budget projections and corrects those deviations through a series of adjustments in the
subsequent year's payments.
Pursuant to the current Agreement, the CVB prepared a marketing plan outlining the marketing
services to be performed by the CVB for Fiscal Year 2014 based on the projected 2014 HOT funds
that would be available and that plan was approved by the City.
Following execution of the new Agreement, final accounting of the 2013 HOT collections showed that
they exceeded projections for the period. Because these funds relate to a period prior to the current
Agreement, they are not subject to the Agreement's percentage allocation and were deposited into
the City's Culture and Tourism Fund balance.
Staff is recommending that the amount of$150,000.00 from these funds be used to engage CVB to
provide additional marketing services that are beyond the scope of the current year's marketing
plan. Those services would include targeted outreach to key markets in particular additional
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M&C Review Page 2 of 2
domestic cities such as Saint Louis, Chicago and Los Angeles and additional international markets
served by the Dallas/Fort Worth International Airport.
Funding for these additional services would be in addition to and fall outside of the funding model
under the current Agreement. These additional funds would not affect the above-stated general
funding percentage allocation or the associated "true up" process. The services provided under the
proposed addendum would be in addition to those included in CVB's previously approved marketing
plan for Fiscal Year 2014, but these services would still be subject to all other applicable provisions of
the Agreement, including, but not limited to, audit, indemnity, insurance, reporting, etc.
This program serves the entire City.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon adoption of the attached
supplemental appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Culture and Tourism Fund. Upon approval, the assigned fund balance of the
Culture and Tourism Fund will exceed the minimum reserve as outlined in the Financial Management
Policy Statements.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG04 539120 0241000 $150,000.00 GG04 539120 0241000 $150.000.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Kirk Slaughter (2501)
Additional Information Contact: Betty Tanner (2502)
ATTACHMENTS
25CVBALLOCATION14 A014.docx
Copy of GG04 Proiected FY2014 Fund Balance 25CVBALLOCATION14.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19715&councildate=5/13/2014 5/23/2018
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Official site of ft City of Fort Worth,Texas
CITY COUNCIL AGENDA F0"�✓1111
COUNCIL ACTION: Approved on 1017/2013
DATE: 10/7/2013 REFERENCE C-26493 LOG NAME: 25CVB14AGMTAMENDED
NO..
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Correction of Mayor and Council Communication C-26483 to Change the
Amount of the Agreement with the Fort Worth Convention and Visitors Bureau from the
Amount of$9,159,607.00 to the Estimated Amount of$9,180,091.00 for Fiscal Year 2014
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the correction of Mayor and Council Communication
C-26483 to change the amount of the Agreement with the Fort Worth Convention and Visitors Bureau from
the amount of$9,159,607.00 to the estimated amount of$9,180,091.00 for Fiscal Year 2014.
DISCUSSION:
On September 24, 2013, (M&C C-26483) the City Council authorized the execution of the Professional
Services Agreement with the Fort Worth Convention and Visitors Bureau to market and promote Fort Worth
for a term of five years with two one-year options. The amount of the Agreement was incorrect. The
correct budgeted amount for Fiscal Year 2014 is in the amount of$9,180,091.00 and represents a base
budget amount of$7,806,966.00 (47 percent of unrestricted Hotel Occupancy Tax revenue), plus Special
Public Facilities Funds in the amount of$690,000.00, plus the Fort Worth Herd funding in the amount of
$683,125.00.
The remaining elements of M&C C-26483 remain the same and are reflected in the appropriated Fiscal
Year 2013-2014 Culture and Tourism Budget.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available, as appropriated, in the
Fiscal Year 2013-2014 Culture and Tourism Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG04 539120 0241000 $8.496,966.00
GG04 539120 0241001 $669,105.00
GG04 522140 0241001 $199.00
GG04 523200 0241001 $3,796.00
GG04 537030 0241001 $7,260.00
GG04 537060 0241001 $2,765.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Kirk Slaughter(2501)
Additional Information Contact: Betty Tanner(2502)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19103&councildate=10/7/2013 5/23/2018
M&C Review Page 2 of 2
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19103&councildate=10/7/2013 5/23/2018
M&C Review Page 1 of 3
Official site of the City of Fort Worth;Texas
CITY COUNCIL AGENDA FORTWOR--
COUNCIL ACTION: Approved on 9/24/2013 -Corrected by M&C C-26493 on October 7, 2013
DATE: 9/24/2013 REFERENCE C-26483 LOG NAME: 25CVB14CONTRACT
NO..
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Professional Services Agreement with the Fort Worth Convention
and Visitors Bureau to Market and Promote Fort Worth for a Term of Five Years in the
Amount of$9,159,607.00 for Fiscal Year 2014 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Professional Services
Agreement with the Fort Worth Convention and Visitors Bureau to market and promote Fort Worth as
a premier business and leisure destination for the benefit of Fort Worth's hospitality industry and the
local economy for a term of five years with two one year renewal options in the amount of
$9,159,607.00 for Fiscal Year 2014.
DISCUSSION:
The purpose of this Mayor and Council Communication is to authorize execution of a new Agreement
with the Fort Worth Convention and Visitors Bureau to provide promotional and marketing services
funded by Municipal Hotel Occupancy Tax(HOT) revenues.
State law authorizes a city to contract with another entity to manage and supervise programs or
activities funded with revenue from the HOT. In accordance with this authority, the City and the Fort
Worth Convention and Visitors Bureau (CVB) have entered into a series of Agreements for the
Bureau to perform professional services for the City for HOT-funded marketing programs and
activities. The current Agreement(City Secretary Contract No. 36003)will expire on September 30,
2013.
Over the course of the last few months, Staff and members of the CVB Board of Directors have been
negotiating a new contract. Changes from previous Agreements include revision of the marketing
provisions to reflect the growing importance of social media and digital publications in the marketing
process and clarification in funding provisions to more clearly delineate the three-part structure of the
CVB funding. Key provisions of the proposed new contract include the following:
1. General Funding -The CVB will be required to provide general marketing and promotional
activities and services for the City, with payment for such services being based on 47 percent of the 7
percent HOT collections and being paid in 12 equal monthly installments based on budget projections
of HOT revenues. At the end of each fiscal year, a "true up" process will occur to determine whether
the actual HOT collections deviated from budget projections. If a deviation is discovered, it will be
apportioned between the Bureau and the City on the same 47 percent to 53 percent Bureau-to-City
ratio. Rather than requiring either party to make a lump-sum payment to bring the previous fiscal
year's funding in line with actual receipts, the deviations will be corrected through a series of
adjustments in the next year's payments to the CVB.
2. Funding for the Special Public Facilities Funds-The CVB will maintain two funds to assist in
attracting, maintaining and retaining tourism and convention business in Fort Worth -the Fort Worth
Convention Center Public Facilities Fund and the Will Rogers Memorial Center Public Facilities Fund
(collectively, SPFFs). The contract calls for the City to allocate up to the amount of$480,000.00 per
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M&C Review Page 2 of 3
fiscal year for the Fort Worth Convention Center SPFF and up to the amount of$210,000.00 per
fiscal year for the Will Rogers Memorial Center SPFF with funding for the SPFFs being in addition to
the General Funding and subject to appropriation by the City Council during the annual budget
process.
3. Funding for the Fort Worth Herd - In 2009, the CVB assumed responsibility for management of the
promotional and marketing program known as the Fort Worth Herd (Herd). The proposed contract
calls for funding for the Herd operations to be in the amount of$683,125.00 for Fiscal Year 2013-
2014, with the understanding that the Bureau may request additional amounts based on
demonstrated operational need and the availability of funds. Funding for subsequent fiscal years
shall be agreed upon annually based upon the CVB's budget submissions and available funds to the
support the Herd. Herd funding is separate and apart from General Funding and SPFF funding.
Recap of Funding for Fiscal Year 2013-2014: Base Budget in the amount of$7,806,966.00 (47
percent of unrestricted HOT revenue) plus SPFFs in the amount of$690,000.00 plus Herd Funding in
the amount of$683,125.00 for a total amount of$9,159,607.00.
4. Term - The initial term of the contract will be for five years beginning on October 1, 2013 and
expiring on September 30, 2018, with the option to extend the contract for two additional one-year
periods.
5. Marketing Plan - On a yearly basis, the CVB will develop and submit to the City a Marketing Plan
that will include the services to be performed by the CVB in the upcoming fiscal year and include
measurable performance criteria. The Marketing Plan will be consistent with the CVB's mission to
market and promote Fort Worth as a premier business and leisure destination, so as to enrich Fort
Worth's hospitality industry and the community's economy. In furtherance of that mission, the primary
responsibilities of the CVB are to promote conventions, trade shows, meetings and long-term
equestrian events at the City's public facilities with the intent to maximize facility revenues, hotel
occupancy tax, sales tax and use of the City's public facilities. The Marketing Plan will provide the
instruments to evaluate the services provided under the contract.
6. Budget Plan - On a yearly basis, the Bureau will be required to submit to the City, for
consideration and approval, a proposed written budget plan indicating the following: (i) the proposed
funding for the General Funding, the SPFFs and the Herd and (ii)the projected available HOT collections
for the ensuing fiscal year and any amounts available in the Bureau's reserve fund and available
funding for the SPFFs.
7. Board of Directors- The contract terms allow for the City Manager to serve as an ex-officio non-
voting member of the Bureau's Executive Committee and City Manager, Assistant City Manager and
the Director of Public Events to serve as ex-officio non-voting members of the Bureau's Board of
Directors. In addition, the contract calls for two Council Members or appointees to serve as voting
members on the CVB's Board of Directors with at least one of these individuals also serving on the
CVB's Executive Committee.
8. Termination - The contract will include a provision allowing either party to terminate the Agreement
with 90 days notice.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available, as appropriated, in the Fiscal Year 2013-2014
Culture and Tourism Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG04 539120 0241001 $669,105.00
GG04 522140 0241001 $199.00
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18725&councildate=9/24/2013 5/23/2018
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GG04 523200 0241001 $3,796.00
GG04 537030 0241001 $7,260.00
GG04 537060 0241001 $2,765.00
GG04 539120 0241000 $8,496,966.00
Submitted for City Manager's Office by: Susan Alanis(8180)
Originating Department Head: Kirk Slaughter(2501)
Additional Information Contact: Betty Tanner(2502)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 8725&councildate=9/24/2013 5/23/2018