HomeMy WebLinkAboutContract 44949-AD6 ca CITY SECRETARY
'� �o �b CONTRACT No
�``C' �Ly SIXTH ADDENDUM TO CITY SECRETARY
CONTRACT NO. 44949,A PROFESSIONAL SERVICES AGREEMENT WITH THE FOR
WORTH CONVENTION AND VISITORS BUREAU
This Sixth Addendum to City Secretary Contract Number 44949 ("Sixth Addendum") 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 W rth
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 five times for the purpose of funding additi nal
marketing and promotional services to more key markets through targeted outreach during fiscal years
2014 and 2015, funding the Destination Master Plan, funding Molly the Trolly, and funding phase I of
the tourism response and recovery plan, the same being CSC Nos. 44949-AD1, 44949-AD2, 44949- D3,
44949-AD4, and 44949-AD5;
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- D1,
44949-AD2, 44949-AD3, 44949-AD4, 44949-AD5, 44949-A1, 44949-A2, 44949-SA1, and 44949-Al
are collectively referred to herein as the"Agreement");
WHEREAS, the Agreement has an initial term that expires on October 1, 2021 and require 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 f otel
occupancy Tax Collections as defined in the Agreement;
WHEREAS, said funds are payable in 12 equal monthly installments based on bu get
projections of hotel occupancy tax revenues and subject to a yearly "true up" process that ident fees
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 industry and
with it thousands of jobs and millions of dollars in tax revenue to support City services;
WHEREAS, Bureau desires to continue publicizing the resumption of business activities and
steps to ensure a safe and healthy travel experience to Fort Worth in response to the COVI -19
pandemic;
OFFICIAL.R CURU
CITY SECRI TARY
Sixth Addendum to CSC 44949 OVWORT i,TIC
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 approved budget, and will
be incurred during the period between March 1, 2020 and December 30,2020;
WHEREAS, City desires to fund phase 2 of the tourism response and recovery plan under this
Sixth Addendum,which is beyond the scope of the General Marketing;
WHEREAS, funding for phase 2 of the tourism response and recovery plan 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 paities
agree as follows:
1. The Bureau agrees to develop a second phase of the City's tourism response and recovery
plan to counter the COVID-19 devastation to the hospitality industry ("Phase 2 Plan"). The Phase 2 Plan
will consist of(i) digital advertising and television sponsorships promoting the City of Fort Worth and its
open attractions ("Digital Advertising"); and (ii) leveraging the National Finals Rodeo events to coruiect
with visitors and encourage visits and repeat visits to the City of Fort Worth by promoting attendance and
creating photo opportunities through activations("NFR Promotion"). The Bureau must submit the wri en
results of its Phase 2 Plan to the City no later than December 30,2020.
2. The City agrees to pay the Bureau an amount up to Six Hundred Thousand Dollars nd
Zero Cents ($600,000.00) ("Phase 2 Plan Funds") on a reimbursement basis for actual costs incur-ed.
The Phase 2 Plan Funds will be allocated as follows: (i) an amount up to $300,000.00 for Digital
Advertising and(ii)an amount up to $300,000.00 for the NFR Promotion.
a. Bureau must provide the City with a signed fee invoice summarizing (i) the
portion of the Phase 2 Plan that has been completed and (ii) the actual exper ses
that have been incurred. In submitting invoices, Bureau must provide copie 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 provide such additional reasonable information to the extent the
same is available. Invoices must be submitted to the City of Fort Worth Pu lic
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 by his
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.
Sixth Addendum to CSC 44949 2 of 3
3. It is further understood and agreed that the Phase 2 Plan Funds are in addition to and fall
outside 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 Sixth Addendum are subject to all other applic ble
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 force and
effect and are binding upon the parties.
6. All terms in this Sixth Addendum that are capitalized but not defined have the mean ngs
assigned to them in the Agreement.
IN WITNESS WHEREOF, the City and Bureau have caused this Sixth Addendum tc be
executed and delivered by their duly authorized representatives in Fort Worth, Tarrant County, Texas.
CITY OF FORT WORTH FORT WORTH CONVENTION A ND
VISITORS BUREAU
By: ��" By: d..
Jay Chapa Robert Jam n
Assistant City Manager President and CEO
APPROVAL RECOMMENDED:
By:
Michael Crum
Director of Public Events
APPROVED AS TO FORM
AND LEGALITY:
V60/)iA 14 1 IzAAAI)AA LV-
yler F. Wallach
Assistant City Attorney
ATT
y J.Kayser
City Secretary
Authorization:
M&C Numbers: C-2648 (September 24, 2013); C-26493 (October 7, 2013); C-26800 (May 13, 2014 ; C-
28863 (September 25,2018);20-0758 (October 20,2020);20-0853 (November 17,202))
OFFICIAL A FCORD
Sixth Addendum to CSC 44949 SECRETARY V
FT. WORTH,TX
Contract Cumpliance Manager-
By signing I auknowledge that I am the person reaperosiblc
for the monitoring and administration of this contract,including. '
ensuring all perforrnance and reporting requirements.
A" L Z!� 1.
1�
Name of Employ ;Sign rc
,A Dt�yx . -
Title
rOFFICIAL ECOR
g
CITY ETARY
AA Tx