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CONTRACT NO.Cc2(�A`'
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.36003
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND
THE FORT WORTH CONVENTION AND VISITORS BUREAU
THIS FIRST AMENDMENT to City Secretary Contract Number 3X003 is made and entered
into in Fort Worth, Tarrant County, Texas effective on the day of in 1 , 2008, by
and between the CITY OF FORT WORTH, a home rule municipal corporation situa din Tarrant,
Denton and Wise Counties, Texas (hereinafter referred to as the "City"), acting by and through its duly
authorized City Manager, and the FORT WORTH CONVENTION AND VISITORS BUREAU
(hereinafter referred to as the "Bureau"), acting by and through its duly authorized President & C.E.O.
WITNESSETH:
WHEREAS, V.T.C.A. Tax Code §351.002 and 351.003 authorize the City to levy by ordinance a
hotel occupancy tax which may not exceed nine percent (904) of the consideration paid by a hotel
occupant; and
WHEREAS, the City has levied such a tax by adopting Article II of Chapter 32 of the Fort
Worth City Code (1986), as amended; and
WHEREAS, V.T.C.A. Tax Code §351.101(a)(3) authorizes the City to use revenue derived from
the hotel occupancy tax for "advertising and conducting promotional programs to attract tourists and
convention delegates or registrants to the municipality or its vicinity"; and
WHEREAS, the City Council finds that the public facilities and services of the Will Rogers
Memorial Center, Cowtown Coliseum, the Fort Worth Convention Center and other facilities which may
be constructed benefit, and are enjoyed by visitors to, City; and
WHEREAS, display, entertainment, meeting, and other public convenience facilities are
provided for the special use and benefit of visitors; and
WHEREAS, it is a matter of necessity that such display, entertainment, meeting, and other public
convenience facties be advertised, publicized, and promoted; and that the public thereby be informed of
their availability for use; and
WHEREAS, visitors, conventioneers, and tourists who utilize such public facilities make related
expenditures that substantially benefit the economy of City; and
WHEREAS, V.T.C.A. § 351.101 (c) authorizes a city to contract with another entity to manage
and supervise programs or activities funded with revenue from the hotel occupancy tax; and
02-18-08 A09�23 I
WHEREAS, on June 21, 1991, City and Bureau entered into City Secretary Contract No. 18523,
under the terms of which Bureau performs certain services for City, and the term of that contract expired
on September 30, 1998; and
WHEREAS, on March 243 19975 City and Bureau entered into City Secretary Contract No.
22581, which amended Contract No. 18523 to allow for the use of hotel occupancy tax revenues for a
historic restoration and preservation project, the Blackstone Hotel; and
WHEREAS, on August 18, 1998, City and Bureau entered into City Secretary Contract No.
24178, under the terms which Bureau performs certain services for City, and the term of that contract
expired on September 30, 2003; and
WHEREAS, on July 15, 2004, the City and Bureau entered into City Secretary Contract No.
30213, under the terms which Bureau performs certain services for the City, which was renewed for on
April 12, 2006 (City Secretary Contract No. 33415) and expired on September 30, 2007; and
WHEREAS, the parties entered into a new Agreement (City Secretary Contract Number 36003)
effective on and after October 1, 2007;
WHEREAS, due to the late completion of renovations to the downtown Sheraton Hotel and the
need for convention participants to use remote hotels to accommodate their convention lodging
requirements, the parties desire to amend City Secretary Contract Number 36003 to allow the payment of
additional funds by the City to the Bureau to offset costs of convention delegate bus transportation and to
provide other incentives pursuant to Mayor and Council Communication C-22642 approved on January
29, 2008;
NOW THEREFORE, that for and in consideration of the performance of the mutual covenants
and agreements herein contained, the parties hereto do hereby covenant and mutually agree as follows:
1.
Subsection 5.01 of Section 5, "Allocation of Hotel Occupancy Tax Revenues" of City Secretary
Contract No. 36003 is hereby amended to add a new paragraph, "B", for the purpose of addressing a one-
time payment by the City to Lite Bureau in Lite amount of One Hundred and Fifty Thousand Dollars
($150,000,00) for the purpose of convention delegate bus transportation and other incentives, to read as
follows:
Allocation of Hotel Occupancy Tax Revenue
5.01.
B. In order to offset the increased costs of bus transportation of convention delegates due to the
need to use remote hotels to accommodate the convention lodging requirements for two major
conventions scheduled for April 2008, the City agrees to pay to the Bureau aone-time
Way
amount of One Hundred and Fifty Thousand Dollars ($150,000.00) for the purpose of reimbursing the
Bureau for costs related to bus transportation among the hotels and the Fort Worth Convention Center and
to provide other incentives.
2.
That all other terms and conditions of Subsection 5.01 of Section 5, "Allocation of Hotel
Occupancy Tax Revenues and all of other terms and conditions of City Secretary Contract No. 360035
which are not expressly amended herein, shall remain in full force and effect throughout the term of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have made and entered into this amendment this
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day of f-'r..J , 2008 in Fort Worth, Tarrant County, Texas.
CITY OF FORT WORTH
Ae.arilkI6 Assistant City Ma ger
Approved as to Form and Legality
Assistant City
FORT
Title:
Date:
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ON AND VISITORS BUREAU
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ATTEST
City Secreta
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/29/2008 -Ordinance No. 17962-01-2008
DATE: Tuesday, January 29, 2008
LOG NAME: 25CVBTRAFFIC REFERENCE NO.. * C-22642
SUBJECT:
Authorize an Amendment to City Secretary Contract Number 36003 with the Fort Worth Convention
and Visitors Bureau for the Payment to the Bureau of $150,000 in Additional Funds for Incentives
and the Adoption of a Supplemental Appropriations Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize an amendment to City Secretary Contract Number 36003 with the Fort Worth Convention and
Visitors Bureau for the payment of additional funds for convention delegate bus transportation and other
incentives;
2. Adopt the supplemental appropriation ordinance increasing estimated receipts and appropriations in the
Culture and Tourism Fund in the amount of $150,000 from available funds; and
3. Authorize payment of $150,000 to the Fort Worth Convention and Visitors Bureau.
DISCUSSION:
Studies commissioned by the City to analyze now tourism and convention business in the City can best be
promoted, determined that there is a need for at least 1,500 committable first class hotel rooms in
downtown Fort Worth. The City has made great strides to accomplish this goal with the opening of the
Embassy Suites and the upcoming addition of the Omni and Sheraton Hotels. The Fort Worth Convention
and Visitors Bureau (CVB) and Convention Center have been diligently working to book larger conventions.
The Sheraton has recently announced that it will not complete its renovation until May 2008. As a result of
the delayed opening of the Sheraton Hotel, two major conventions scheduled for April 2008 will need to use
additional remote hotels to accommodate their convention lodging requirements. This will require increases
in the costs of bus transportation among the hotels and Convention Center. The Convention and Visitors
Bureau has been asked to offset the increased costs of bus transportation for the convention delegates,
plus to provide other incentives.
This M&C transfers funds within the Culture and Tourism Fund for this purpose and authorizes a payment
of $150,000 to the CVB. These funds will be utilized per the existing contract between the City and the
Convention and Visitors Bureau.
The Fort Worth Convention Center is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION: �'������'t �`'������
supplemental a prop riatitofne ordinance, funds f will be v available in current doper atifY' tib i 6f
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Logname: 25CVBTRAFFIC Page 1 of 2
appropriated, of the Culture and Tourism Fund.
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 b� Joe Paniagua (6191)
Originating Department Head: Kirk Slaughter (2501)
Additional Information Contact: Betty Tanner (2502)
Logname: 25CVBTRAFFIC Page 2 of 2