HomeMy WebLinkAboutContract 18523 CITY SECRETARY
COWTlACT NO: 120
PROFESSIONAL 1 E AGREEMENT
( s Mrs ET :11"7991)
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This Agreement 15 MADE APO ENTERED INTO t Fort Worth, Tarrant
# _ � o is 1991, n between the t
ly
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of port 'worth, a municipal corp s#tation ("City"), acting by and through its
duly allth ri City Manager, David Ivory, and the Poet Worth Convention
and Visitors Bureau E Dureau") , acting by and tstd"?ugh Douglas Harman, its
duly authorized President & C.E.O.
W I T N E S S E T
WHEREAS, on May dY., 1989; Qlty and Bureau entered d nt City
Secretary Contract No. 1700, under the terms of which Bureau performs
certain services for Cite; and
WHEREAS, although the term of that contract does not expire until
September 30, 1992, the parties rmw de"re to extend 'Its term until
Septnmber 30, 1998, and to m n c rtali rather provisions of that contract;
and
MEREAS, in order to make all necesiary charges in the contract,
It is necessary to r City Secretary Contract No. 17140 in full ;
NOW THEREFORE, TMIS CONTRACT FURTHER SIT S T ,
That City Secretary Contract No. 17140 is hereby amended in
entirety and after said amendment shall read as follows:
WHEREAS, V. . . . , `pax Code §351.002, authorizes the City to levy
by ordinance a hotel OCCupancy tax WAch may not exceed 7% of the
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F.«,_......+-tee..._..,_...-....,,.......«a.�uro�x.
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consideration paid by a hotel occupant; and
VAEREAS. the Cite has lauded such a tax by adopting rdin
8900, Ord � ._,n.,:�t 23, and
INEREAS, .T.0. . , `fax Cade 051,101(a)(3), authorizes s tae City to
Y;e revenue derived frmn the hotel occupancy tax for "a4vertising and
conducting promotional programs to ttract tourists and convention.
delegates r registrants to the municipality or its vicinity;'' and
1MEREAS, the City Council of City to of the opinion and finds that
a large portion of the public facilities owned and operated by City is
neceisarily supplied d for use by the transient public in the form of
at sp , M rt i nment, and public conveniences; end
WHEREAS, the City Council is further of the opinion and finds that
the puNic facilities nd services of the Will Rogers Menorial Center,
Cowtown Col s rzrrr, and the Fart Worth-Tarrant County Convention Center
benefit, and are enjoyed by, visitors to City; and
WHEREAS, display, entertainmM, meeting, and other public
convenience facilities are provided f - the special use and benefit of
visitors; and
WHEREAS, it is a matter of necessity that such display,
nt rtairment, meeting, and other public convenience facilItE
d5x•ertg y l i�.ud,pu ici d, promoted, and 0d; and that the public thereby be
WHEREAS, Ys t rs, conventiorears, and tourists who utilize such
publlc facilities Ovate MUM sx,nditures Oat, 31 tht MIS,
substantially benefit the anon <. of amity; aid
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1.3 Bureau covena % and agrees K conduct coordinated state,
reglanal , nitioznal , and nt r at onN advertising, research, publicity,
direct salsa and promotion campaigns emnaisiz;ng the attractions offered to
City Lu meets fg a groups, and visitors.
Bureau r cogni the unique facility features of the Will
Rogers Memorial_` al Center and the target market for which at was developed.
Bureau will coordinate the formulation of m rketi l prof for t
ity with City staff members charged with ;ts operating responsibilities.
Bureau recognizes that it has a primary responsibility to
advertise and verket the Fort Worth-Tarrant Count. Carve Et i on Center and to
develop and coordinate marketing pr gr ms for this cility with those per-
sons charged with its day-to-day operations.
1.4. Bureau covenants and agrees is aintain exhibit booths for r
€„ urpose of attracting visitors, conve ti nom:, rreetin s, xihibits,
selected trade, sports and consumer s olws, and other, events to City,
1.5 Ureau covenants evaif agrees t a= to rime and dis-
tributed in adequate quantities visitor literature of substantive quality
and material it t all Texas State Highway TourisO Information Centers, as
weil as Visitor Information Centers presently located l r at hotels,
motel , restaurants, places of public accomoodation, and any ogler locations
considered desirable, including the Convention and Visitors e r a
Istr'onnatior Center.
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1.6 Bureau covenants and agrees to participate P appropriate
;;aay agencies �a �yg'+, :t��r5 @t p4 .�* y'gs,+ 'p.,z�xy g� �r��::�:
tour Y m and Q�s4T4§vertion associations .sc w-aI `a s: ex '.�}&epartnent
of Commerce. the me can and Texas ocinties of Association Executives, r
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and the 1pterna tionas l Association of Convent ton and Visitor Bureaus as well
as other agencies in order to assn 's thnt favorable icit y about City
may be cortinued and expanded.
1.7 Bureau covenants and ag:eas to in a systrmnati,-� Ttartner solicit
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convention isid imeetIng holding organ i. utio; s for the accairmndation off
appropriati 3 _t 'I<ncated In City,
1.8 Bureau covenants and agrees to provide staffing and Will-
ties
rela-
tive to central ousin , abl ici aterk: , and attendance dings t r
associations, organizations. or groups convening or holding meWngs in
City. Bureau further agrees to coordinate wiOi the ap.',-roprlate City
de r° se0s, local hotels, restaurants, and entertainment facilities, and
tL Oi'"ve to provide an environment in which a visiting grovp or or iza-
tion enjoys a coordinated and productive visit to City.
1.9 It Is understood n agreed that Bureau currently pr r
rid bl i snes, and will continue to prepare, publish, and update during the
tern; of this wre me and any renewals hereof invitational eaterM S
providing specific infannatinn on hotal. and motels located in City, and
will also disitribute,
during the term hereQf anl any renewals, said
twit '; _anal materials to association executives r planners mf treed
including therein such information as floor p l if �': � ��h h ie p¢, and o ,
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as are actively bidding for a specific owing conventio , in andition to
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general promotional an # t rat inure- it material rah City.
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"0 Bureau covenants and agrees to make the services of
Bureau available to €ort north groups aid, businesses,
1 ..11 in order for City to Monitor the aforemontioned and p
teria now or A Or MUM,lY developed, Bureau, s,'.tal I
an-
results of the averalt UnActing 'alm for mzz
preceding E`'l Sri $" wi et; €r, t> (:70 ay:
a after
he close of such year. T a. x is report sha§ l include,
but not be limited to: ditallei breakdown of
undertaken y� �q �,n q� �'
activities 5.nde aken nd `a6hi8i'na o.� benefits
obtained Uy the programs and finanrial repot-ts,
pertinent to the scope of the work as required by, �
City; and
(b) submit a compreher ye program of action for
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the ensuing Fiscal Year. This will be in a forill
which includes ia`wa su a?ble pie' f rtr;an E objectives, t
along with a detailed Line Item budget of revenue
and appropriations for all activities relative to
Pis Agreement. The comprehensive program is to ne
ubmitted by City's requestet date ina allow the
Office of Managemant Ser,,ices Dep,,trtrient to include
Bureau' s marketing program within Its budget sub-
mi5sion SugNmission to the City Wager' s office-,
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the status of current fist year uarketl n
programs.
2.,1 In City's budget for its WWI year ending iMptember
1991 , QtY has allocated !2,167,806 to Bureau fcr "the fil 10.,w- Ing uses�
Bureau Udget A, ,306
Buy Down COnvention Ganger 200,000
Equestrian Center Marketing $ 63,500
City Conference C<. t $ .�
TCTA $4,167,w
a_,d $832,194 Of Occupancy Tax is designa,t,qd for use s
Arts Council $ 97,S84
F
`ester Cities 9E,026
PWdern Art us nm $ 215,342 E
Museum of Science acrd History -2', 4r
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which O ;sues of $2,167,806 and $832,194 r•ep ew ent the s irk ed Occupancy
T'Fx Of" $:3,000,000 that will be collected during the f4scal jear ending
g�g
September 30. 199v d
2.2 Subject to the provisions ot Paragraph ?-3 below, in consid-
eration of the professional services to be performed by Bureau under the
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terms of this Contract, City shall pad, to Bureau ip equal m n bl l
encin! Fcebru Film s ffi
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Collected or as provided :ender. paragraph . next w) , on he
first day of each succeeding month theyeafter until all Occupancy loxes
collected for fiscal Year 1990-1991 have ?,)een paid to Bureau.
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.3 it is the Intention of the parties ie that for the fiscal year
ending September 30, 1991, Bureau will be paid all the c r rr y Taxes
collected in excel of $821,094 plus ninety percent (90%) the Occupancy
Taxes expected to be collected over $2,889,000 to encourage €rr ,
increase the 4,€Tjou t Hof, Occupancy Taxvs by i i realm g conventions and
tourism to City, and if the collections of Occupancy Taxes are below the
$ ,0=00 estimate, then Bureau will absorb the M, 90 the excess of
estimate over $2,889,000 and the first $101,000 It the collections fall
further below $2,889,000. if the amount of Occupancy Taxes collected for
the fiscal year 1990-91 is below such estimate, then the $2,167,806 shall
be reduced by the amount of the deficiency (but not Wow $1,967,905). 1f
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the collections fall below $2,789,000, then City and Bureau agree to meet
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and discuss a reallocation of the Occupancy Taxes,
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23 The ` ccupa c"' Tax allocation will utilized to ?un
Bureau's operating cost as outlined in its anrival business plan, which plan
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( will Include the projected use of the unused poi^tion of the "buy " fund
remaining from prier years, If y, as determiaed by the Committee referred
to in Paragraph 6 of the Letter of Undi rstanding.
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?.5 All expenditures from funds provided hereunder shall be made
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in WL r ante with toe budget ubmitted each year, pursuant to c ion 1.11
bove� It is understood and agreed bast, upon the acceptance of funds
hereunder, fiduciary 'duty is created in the Bureau with respect to tr
expenditure of such $u"nds a
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City within therte 3 dais after the close of a month an unaudites SAW
meat of operations reflecting receipts and disbursemOts in the a;#a fob t
l submioted in the annual budged., which statements Shall Clearly
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delineate xp t r s made from funds provided under this Afire tent.
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3.3 The expenditures from these special acctunt$
Bureau only after receipt and good faith n ; sy i of advice and r c -
m n at (,,,s fror. Bureau's Executive Committee which shall be comprised of
representatives tiv .t ? m tee , airline representatives, restaurant
refrasentatives, and representatives from convention support services, all
of whom Fi l l be appointed as specified in the Articles nor r t n
and the Bylaws of Bureau.
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4.1 The primary term of this Agreement shall begin February 1,
91 and extend through September 30, 1998, unless this Agreement shay ;
Ove been sooner terminated or exteided in accordance with other provisions
contained herein.
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4.2 Provided r ra is in compliance wit all terms and di-
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bons of this Agreement, Bureau will have the options at the eginni �
fiscal v r 159096 to request that City enter finto negotiations with
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Bureau r an additional five-year tern, under the same tams and i
conditiors, by mailing written notice to that effect to C t �
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4.3 The terms of this Agreement are subject to nual funding
the Fort Worth Cit y CouncW In the event no funds or insufficient funds
( ,a bales $1,750,000) are appropriated and budgeted in any year Or pay-
ments to ureau pursuant to this AQreement, City shall notify Bureau of
not
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such occurrence, and this Agreement shall be terminated y City or Bureau
sirs the last day of the year for which appropriations were available. witY
out penvy or expense to City of any kind whatsoever,er, except as to the
portions of payments herein agreed upon for such funds as have been appro-
priated aid budgeted and as seq. forth in this Agreement,
City may terminate this Agreement at any rrre=. and for any reason,
pop sax menthe' prior written notice, addressed to re 100 E. 15th.
Street, Suite 400, Fort Worth, Texas 76102.
In the event of termination or expiration of this Agreement, City
all pay Bureau for services rendered prior t o such termination or ira-
t date, and City "hall honor written commitments to provide convention
support services made by Bureau to convention and meeting planners, which
commitments were made pursuant to the terms of this r e en *-I r- to its
termination. Such agreements to be honored by City will include contracts
or lease agreements entered into in the normal course of operation and will
also include office equipment, tenobile eases, office space teases, and
other administrative repuirements.
However, Bureau may riot, without the prior written consent of City
(which shall not be unreasonably It a ), eiter into a real estate lease,,
empl ynent contract, or contract for are amount in excess of Ten Thousand
Dollars 310,000) with a term that exceeds the remainder of the renewal
term, of this Agr sent,
Payments made pursuant to the term;3 of this paragraph shall be
made. froms, and shall not exceed, the tats l of funds appropriated for pay-
ment of this gr°eer e n t.
t i rogg�
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-R 110170, TR I
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The relationship Bureau to City Shall be that of indepeadtAt
contractor as to all set-vices perfornned hereunder and not as an officer,
agent, servant, or toployee of City. re shall have exclusive ;ontrol
of its operations hereunder, and the persons performing same, and shall be
solely responsible ?fir the acts and wpi xis 5 n of t Asa OM CM,3, #rots,
sod"vants , empio `ees, contractors,, and sibcontractors. The dootrine of
respandeat superior shall not apply as betweein City and Bureau, its
officers, nts, servants, employees, con r Kor , and subcontractors, and
nothing herein shall be construea as creating partnership r joint; enter-
prise between City Arad Bureao.
7.
Dreau covenants and agrees to, and doe; hereby, indemnify, hold
harmless, and defend City, its officers, agents, ;servants, and vpl e s
from and against any and all claims or suits for property damage or loss
and/or personal rerun, including death, to any and l l persons, of whatso-
ever kind or character, ur et er real or asserted, arising out of r In con-
nection with his Agreement. fits performance or non-performance; and Bureau-
hereby by MUM all liability or responsibility for same.
S.
This written U rument nsti€utes, the entire agreement by
parties hereto concerning the operations to to parforred hereunder, and any
prior € r cantempo neous oral or written agreement which purports W vary
from the termis hereof shall be void,
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Bureau shall not assign all or any part Its interost in this
Agreement without prior approval of City Council of City.
Should any action, whether real or asSerted, at law or in equity,
arise out of this AQreement, venue for said action shall lie in Tarrant
County, Texas.
IN TESTIMONY WHEREOF, the parties hereto have o t this
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Agreey,vent in duplicate rigin this bk
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ITEIT: CITY OF FORS O TH
City Manager
APPROVED AS TO FORS: AND LEGALITY:
E t 7 t in �
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Date
FORT WORTH NVEMP AND
VISITORS U
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Doi a ` arman
PrIldent and C.E.O.
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I FORT WORTH CONVENTION AND VISITORS
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It is recofwnii�nded that the City Coflnci ,, authorize the City Manager to execute a
contract extension with the futyprth Con Ujors and Yis f g ars Bureau through
September 30, 1998, to bring conventions, meetings and visitors tt the City.
.isms LIN.
� In 1988, the ��t� � art Worth � � � � �rt� '�vt �3�i � (i �� ;�> r � i
entertd into a five year contract for the Bureau to promote the City as a site
B for conventions, meetings and is ors' destiration, The contract provided or l
the City to ay monies to the Bureau s r sir, the c i t hotel upy i n tax revenue.
The 3ureau has been performing its obligation i n compliance with the contract.
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The Bureau exercised its option to ranee the contract for an additional five
years. The Bi:€reau is working X93 btsG+k1ng'i #eyord the cdlY"fnt =unr3 xpi 'a son e
date of September- 1993. To enable an ongoing Dromotional effort, the Bureau has
r q :steel the extension.
The extension continues to recognize the City` .. svpport. (if other organizations
which have t-aditionally received bed tax support.
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,a`�'VA ED THE C#33i'f�.3("Fl.'si 3 F3Y {.4.FU4ktG?.,.. _ ,. sue.*'MGC SSED 0Y N
( Af'FstrYH6
Wade Adkins 7623
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