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Home My WebLink AboutContract 44949-A3 CITY SECRETAR T CONTRACT Na_. ' A THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO.44949,A PROFESSIONAL SERVICES AGREEMENT WITH THE FORT WORTH CONVENTION AND VISITORS BUREAU This Third Amendment to City Secretary Contract Number 44949 ("Third 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 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 CSC 44949 four times for the purpose of funding additional marketing and promotional services to more key markets through targeted outreach during fiscal years 2014 and 2015, funding the Destination Master Plan, and partially funding Molly the Trolley, the same being CSC Nos.44949-AD 1,44949-AD2,44949-AD3, and 44949-AD4; 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-AD4, 44949-A1, 44949-A2, and 44949-A3 are collectively referred to herein as the "Agreement'); WHEREAS,the initial term of the Agreement is for five year,beginning on October 1, 2013 and expiring on September 30,2018, and includes two options to renew for additional one-year periods each; WHEREAS, the City and Bureau desire to amend the initial term of the Agreement such that it expires on September 30, 2021, with the option to renew for two additional one-year periods; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. Section.3, Term of Agreement, is amended to revise the initial term of the Agreement to expire on September 30, 2021, with the option to renew for two additional one-year periods. Section 3 shall read as follows: "3.01 This Agreement is binding on the date of execution by the parties and effective beginning on October 1, 2013, and will remain in effect until September 30, 2021 ("Initial Term"), subject to early termination as provided herein." 3.02 Following the Initial Term, the City and the Bureau, by written mutual consent, may elect to extend this Agreement under the same terms and conditions r g 201E for two(2)additional one-year periods (each a"Renewal Term"). Notification of cVOr,5O MR intent to extend the Agreement will be given "`i"n'w'ri"tinz-1o„the other- party at least cnysixty(60)days prior to the expiration of the'then-current termDRD CITY SECRETARY Third Amendment to CSC 44949 T.WORTH,TX 1 of 2 3.03 The Initial Term and Renewal Terms may be generally referred to herein as the "Term"." 2. All terms and conditions of the Agreement not addressed herein remain in full force and effect and are binding upon the parties. 3. All terms in this Third 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 Third Amendment to be executed and dei' ered by their duly authorized representatives in Fort Worth, Tarrant County, Texas on 6y--day of ' 2018. CITY OF FORT WORTH FORT WORTH CONVENTION AND VISI'T'ORS BUREAU 54��By: By: f` - (Sus)n Alanis Robert Jameson istant City Manager President and CEU APPROVAL RECOMMENDED: By:- /'eo Kirk Slaughter Director of Public Events APPROVED AS TO FORM AND r EG L TTY. Tyler Assistant City orney ATTEST: '" ? f r .0 ITY CITY RKOFFIC!ALR� CAM ry J. K"r" CCity Secretary wTA py FT-WORITN, TX (SForm 1295• () Authorization: M&C Numbers: C-2648 (September 24, 2013); C-26493 (October 7, 2013); C-26800 (May 13, 2014); C-28863 (September 25, 2018) Third Amendment to CSC 44949 2 of 2 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. A/,o — M"�-or Name of Employee ig ature itle OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX City of Fort Worth, Texas Mayor and Council Communication k . COUNCIL ACTION: Approved-on 91251241;8 DATE: Tuesday, September 25, 2018 REFERENCE NO.: **C-28863 LOG NAME: 25CVB18AMENDTERMS SUBJECT: Authorize the Third Amendment to City Secretary Contract No. 44949, a Professional Services Agreement with the Fort Worth Convention and Visitors Bureau, to Extend the Term of the Agreement (ALL COUNCIL DISTRICT) RECOMMENDATION: It is recommended that the City Council authorize a Third Amendment to City Secretary Contract No. 44949, a Professional Services Agreement with the Fort Worth Convention and Visitors Bureau, to extend the initial term of the agreement by an additional three years, such that it expires on September 30, 2021, with two additional one-year renewal options. DISCUSSION: The City and Fort Worth Convention and Visitors Bureau (CVB) are currently parties to a professional services agreement under which the CVB markets and promotes Fort Worth as a business and leisure destination, Mayor and Council Communication (M&C C-26483) (CSC No. 44949, as amended and addended). The initial term of the agreement is for five years, beginning on October 1, 2013 and expiring on September 30, 2018, and includes two options to renew for additional one-year periods each. Staff is recommending to amend the initial term of the agreement such that it expires on September 30, 2021, with the option to renew for two additional one-year periods. The core marketing services provided by the CVB as part of the Agreement are funded through an allocation of 47 percent of"tax collections", which is defined as revenue that (i) has been generated by the City's seven percent local Hotel Occupancy Tax (HOT) and (ii) is not designated for another purpose. On December 1, 2015, the City Council designated incremental growth in revenue from the City's 7% HOT that is in excess of$18,850,936.00 (baseline amount) and that is generated by hotels inside of the City's Project Financing Zone Number 1 (PFZ) for eligible special projects, including the Multipurpose Arena and future planned improvements at the Convention Center (M&C G-18614). HOT revenue received in excess of the baseline amount is allocated according to the location of the hotel generating the revenue. Incremental growth in HOT generated by hotels inside of the PFZ is designated for use on the eligible special projects. However, the CVB continues to receive 47 percent of HOT revenues up to the baseline amount, plus 47 percent of incremental growth in HOT that is generated by hotels located outside of the PFZ and that is not otherwise designated for a specific use now or in the future. In the Fiscal year 2019 Culture and Tourism Fund budget, this equates to a baseline total of$8,859,940.00, with $1,066,034.00 being the 47% HOT outside of the PFZ, for a final total of$9,925,974.00. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated Logname: 25CVB18AMENDTERMS Page 1 of 2 and that prior to an expenditure being made, the participating departments has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccounJ Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Kirk Slaughter (2501) Additional Information Contact: Andrea Wright (2502) ATTACHMENTS 1. Form 1295 FWCVB.pdf (Public) Logname: 25CVB18AMENDTERMS Page 2 of 2 C--?SO20 CERTIFICATE OF INTERESTED PARTIES FORM 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. 2018-353991 Fort Worth Convention &Visitors Bureau Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the for is 05/15/2018 being filed. City of Fort Worth Date Ackno le ed: 01/1Y(0 p 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. CSC 44949 marketing of city of Fort Worth to visitors through direct sales efforts,promotional efforts to include support of local transportation needs in visitor centric areas Nature of interest 4 Name of Interested Party City,State,Country(place of business) check a licable Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION 1 My name Is ,b I- .�1 �bi�V and my date of birth is _7-20— IgSq My address is l�1�� l e!C 7J 15 5 1 S (t IL'i tA —7W 32- U S . (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing Is true and correct. Executed in f�`I`li ( � County, State of on the day of ,20--L _. (month) (year) mature o authorized agent of contracting business entity _ (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523