HomeMy WebLinkAboutContract 44949-AD2 CITY SECRETARY
CONTRACT X10. 44014-Ahs
SECOND ADDENDUM TO CITY SECRETARY
CONTRACT NO. 44949,A PROFESSIONAL SERVICES AGREEMENT WITH THE FORT
WORTH CONVENTION AND VISITORS BUREAU
This Second Addendum to City Secretary Contract Number 44949 ("Second 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 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 the CSC 44949 for the purpose of funding additional
marketing and promotional services to more key markets through targeted outreach during fiscal year
2014, the same being CSC 44949-ADI (CSC Nos. 44949 and 44949-ADI are collectively referred to
herein as the "Agreement");
WHEREAS, the Agreement has a five-year term, effective on October 1, 2013, and requires 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 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 identifies
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, pursuant to the Agreement, the Bureau prepared its Marketing Plan outlining the
marketing services to be performed by the Bureau for fiscal year 2015 based on the projected 2015 hotel
occupancy funds that would be available, which was approved by the City;
WHEREAS, from time-to-time, City requests participation from the Bureau to assist with certain
enhanced marketing and promotional opportunities, including client events, dinners, social gatherings,
travel, and other marketing and promotional activities, that are intended to retain and attract business
specifically to City-owned facilities at the FWCC and WRMC ("Targeted Marketing");
WHEREAS, City desires to further engage the Bureau to provide such Targeted rketing,
which are beyond the scope of General Marketing and the current year's Marketing Plan;
OFFICIAL RECORD
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Second Addendum to CSC 44949 CITY SECRETARY
FT. WORTH, TX GCSE
WHEREAS, funding for the Targeted Marketing 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 parties
agree as follows:
1. Bureau agrees to participate with City to provide certain enhanced marketing and
promotional opportunities that are specifically intended to retain and attract business to the FWCC and
WRMC, including, but not limited to, planning and hosting client events, dinners, social gatherings,
travel, and other marketing and promotional activities. To initiate such participation, the Director will
provide the Bureau with written notice of any potential marketing or promotional opportunities. If the
Bureau wishes to participate, then the parties shall mutually agree, in writing, on each party's obligations
as it pertain to the marketing or promotional activity, including, but not limited to, any financial
participation by the Bureau.
2. City agrees to reimburse the Bureau in an amount up to Forty-Five Thousand Dollars and
No Cents ($45,000.00) for allowable expenses incurred by the Bureau in the performance of the Targeted
Marketing activities set forth herein during fiscal year 2015. City shall provide the Bureau a description
of the types of expenses that are allowable to be reimbursed under this Second Addendum within a
reasonable time after the execution hereof. To receive reimbursement, the Bureau shall submit invoices
to the Director on a monthly basis detailing the Targeted Marketing services provided during the
applicable month. The Bureau must submit the monthly invoices no later than the 10`h calendar day of the
month following the end of the applicable month for which services were provided. The invoice shall
include any and all supporting documentation for payment, including, but not limited to, copies of all paid
invoices and receipts in support thereof. All payments are subject to the Prompt Payment Act (Chapter
2251 of the Texas Government Code).
3. It is understood and agreed that the Targeted Marketing services set forth in this Second
Addendum are beyond the scope of the fiscal year 2015 Marketing Plan submitted by the Bureau and
approved by the City.
4. It is further understood and agreed that funding for the services set forth in this Second
Addendum is in addition to and falls outside of the funding model under the current Agreement and shall
not affect the general funding percentage allocation or the associated "true up" process set forth in the
Agreement.
5. All services performed under this Second Addendum are subject to all other applicable
provisions of the Agreement, including, but not limited to, Sections 9-31 of the Agreement.
6. All terms and conditions of the Agreement not addressed herein remain in full force and
effect and are binding upon the parties.
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7. All terms in this Second Addendum 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 Second Addendum to be
executed and delivered by their duly authorized representatives in Fort Worth, Tarrant County, Texas on
L�14U of , 2015.
CITY OF FORT WORTH FORT WORTH CONVENTION AND
VISITORS BUREAU
By: By:
S san Alanis �(Robeq Jameson
Assistant City Manager PrQsaent and CEO
APPROVAL RECOMMENDED:
By:
Kirk Slaughter
Director of Public Events
APPROVED AS TO FORM
AND LEGALITY:
Tyler Wal ch
Assista C' Attorney F of? G
ATTEST:
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Ci Secre °°°°°°°'°
Authorization:
M&C Numbers: C-2648 (September 24, 2013); C-26493 (October 7, 2013); C-26800 (May 13, 2014)
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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