HomeMy WebLinkAboutContract 44949-AD5 CITY SECRETAR
Lr CONTRACT NO. S
QF( 2 4 4bINI FIFTH ADDENDUM TO CITY SECRETARY
TRACT NO. 44949,A PROFESSIONAL SERVICES AGREEMENT WITH THE FO T
rCI T�sOFI�y .` WORTH CONVENTION AND VISITORS BUREAU
This Fifth Addendum to City Secretary Contract Number 44949 ("Fifth Addendum") is by
and between the City of Fort Worth, a home-rule municipality organized under the laws of the Slate 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 itE 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 add tional
marketing and promotional services to more key markets through targeted outreach during fiscal years
2014 and 2015, funding the Destination Master Plan, and 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, CSC 44949-SA1, and CSC 44949-A3 (CSC Nos. 44949, 44949 AD1,
44949-AD2, 44949-AD3, 44949 AD-4, 44949-A1, 44949-A2, 44949-SA 1, and 44949-A1 are collec tively
referred to herein as the"Agreement");
WHEREAS, the Agreement has an initial term that expires on October 1, 2021 and requires the
Bureau to prepare and submit a yearly marketing plan to the City that includes the marketin 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 o 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 ide tifies
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, the COVID-19 pandemic has severely damaged Fort Worth's tourism industly and
with it thousands of jobs and millions of dollars in tax revenue to support City services;
WHEREAS, Bureau desires to publicize the resumption of business activities and steps to ensure
a safe and healthy travel experience to Fort Worth in response to the COVID-19 pandemic;
WHEREAS, costs for the services set forth below are necessary expenditures that will be
incurred due to COVID-19, were not accounted for in the City's most recently appro , all" "ili
be incurred during the period between March 1, 2020 and December 30,2020; 0FRUAL RECORD
MY SECRETARY
Fifth Addendum to CSC 44949 f
WHEREAS, City desires to fund the Destination Promotion Campaign under this Fifth
Addendum,which is beyond the scope of the General Marketing;
WHEREAS, funding for the Destination Promotion Campaign would be in addition to and fall
outside of the funding model under the current Agreement and would not affect the general ftnding
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 Bureau agrees to develop a tourism response and recovery plan to counter the
COVID-19 devastation to the hospitality industry ("Plan'). The Plan will be highly-targeted, dat drive
advertising plan to promote near-term hotel stays and jump start visitation to the City, generating si tpport
for local businesses. The Bureau must submit the written Plan to the City of the results of its Destination
Promotion Campaign no later than December 31, 2020.
2. The City agrees to pay the Bureau an amount up to Three Hundred Thousand D 11ars
and No Cents ($300,000.00) ("Plan Funds")on a reimbursement basis for actual costs incurred.
a. At the beginning of each month of this Fifth Addendum, Bureau must provide the
City with a signed fee invoice summarizing (i) the portion of the Plan that has
been completed and (ii) the actual expenses that have been incurred. In
submitting invoices, Bureau must provide copies of receipts for all expenses. If
the City requires additional reasonable information, it will request the same
promptly after receiving the above information, and the Vendor will provid such
additional reasonable information to the extent the same is available. Invoices
must be submitted to the City of Fort Worth Public Events Director, 1201
Houston Street, Fort Worth,Texas 76102.
b. The City will issue payment in accordance with the Texas Prompt Payment Act.
C. Vendor will not perform any additional services for the City not specified y this
Agreement unless the City requests and approves in writing the additional costs
for such services. The City will not be liable for any additional expenses of
Vendor not specified by this Agreement unless the City first approves such
expenses in writing.
3. It is further understood and agreed that the Plan Funds are in addition to and fall o atside
of the funding model under the current Agreement and do not affect the general funding percentage
allocation or the associated"true up"process set forth in the Agreement.
4. All services performed under this Fifth Addendum are subject to all other applicable
provisions of the Agreement, including,but not limited to, Section 9-31 of the Agreement.
5. All terms and conditions of the Agreement not addressed herein remain in full for e and
effect and are binding upon the parties.
Fifth Addendum to CSC 44949 2 of 3
6. All terms in this Fifth Addendum that are capitalized but not defined have the meanie
assigned to them in the Agreement.
IN WITNESS WHEREOF, the City and Bureau have caused this Fifth Addendum to b
executed and delivered
�"b"y��their duly authorized representatives in Fort Worth,Tarrant County,Texas o
at day of 1 X'rp11�6[1Ci1 ,2020.
CITY OF FORT WORTH FORT WORTH CONVENTION AND
VISITO UREAU
By: By:
Jay Chapa Robert Jam son
Deputy City Manager President an
APPROVAL RECOM NDED:
By:
Michael Crum
Director of Public Events
ku,—U�
APPROVED AS TO FORM
AND LEGALITY:
44
Tyler F.Wallach
Assistant City Attorney 4
ATT
•.O
ao J.Kayser
Ci Secretary
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.
Name: f -
Title: jhs9Lf+= ,
Authorization:
M&C Numbers:C-2648(September 24,2013);C-26493(October 7,2013);C-26800(May 13,2014);
t C-28863(September 25,2018);20-0758(October 20,2020)
Fifth Addendum to CSC 44949 3 of
OFFICIAL RECORD
CITY SECRETARY
FT WOR K,TX