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HomeMy WebLinkAboutResolution - 4958 - Amendment #1 To Convention & Tourism Service Agreement-METTS & TBL Inc - 09_14_1995Resolution No.4958 September 14, 1995 Item #35 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a First Amendment to Convention and Tourism Service Agreement by and between the City of Lubbock and Marketing, Entertainment, Travel, Tourism and Sports, Inc. f/k/a The Convention and Tourism Bureau of Lubbock, Inc., attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1 h day of \d Septe r- , 1995. VID R. LANGSTON, MA ATTEST: &tt, Jai ��v Betty M. Johnson, C Secretary APPROVED AS TO CONTENT: Debra Forte', A sistant City Manager APPROVED AS TO FORM; C. Ross, Jr., City Attorney JCR:da/ccdocs/1 a-c&t.res September 6, 1995 Resolution No. 4958 September 14, 1995 Item #35 FIRST AMENDMENT TO CONVENTION AND TOURISM SERVICE AGREEMENT This Agreement (the "Amendment") is entered into the 14th day of September, 1995, between the CITY OF LUBBOCK, TEXAS, a municipal corporation ("City") and MARKETING, ENTERTAINMENT, TRAVEL, TOURISM AND SPORTS, INC. FWa THE CONVENTION AND TOURISM BUREAU OF LUBBOCK INC., a Texas not -for -profit corporation ("METTS"). PREAMBLE City and METTS previously have entered into a Convention and Tourism Service Agreement dated September 22, 1994 (the "Agreement"), pursuant to which City has delegated to METTS the management and supervision of certain programs and activities funded with revenue from the hotel occupancy tax (the "Hotel Tax") imposed by City pursuant to the terms of Chapter 351, Tax Code. City and METTS desire to broaden the scope of services to be provided by METTS pursuant to the agreement, and have executed this Amendment for such purpose. AGREEMENT In consideration of the recitals contained in the Preamble, City and METTS agree to amend the Agreement, and by these presents do amend the Agreement, in the following respects: 1 . Article I of the Agreement is amended by adding thereto a new Section 1.05 reading as follows: "1.05. Advisory Duties. In addition to the programs and activities conducted by METTS pursuant to Section 1.01 of this Agreement, METTS shall advise and make recommendations to City pertaining to: (a) Use and operation of City's present Memorial Civic Center and auditorium -coliseum and any future civic centers, auditoriums, coliseum or similar facilities (all of which facilities are hereinafter collectively called the "Facilities"); (b) Rental rates for the Facilities, based on reviews and research, at least once each year; (c) Short and long range planning pertaining to restoration, renovation and/or capital improvement programs relating to the Facilities; (d) The largest and most reasonable use of the Facilities consistent with the public interest; and, (e) Other recommendations as deemed advisable by METTS or requested by City. By way of illustration and not limitation, METTS will (i) advise City concerning recommended marketing strategies to increase use of the Facilities, (ii) advise City with respect to sponsored receptions for conventions, (iii) make recommendations to City concerning facility rental rates, (iv) make recommendations to City concerning rules, regulations and policies relating to use of the Facilities by any person, (v) review and make recommendations to City concerning contracts and leases relating to use of the Facilities, (vi) make recommendations to City concerning booking policies for the Facilities, (vii) make recommendations to City concerning security policies and procedures for the Facilities, (viii) study, review and make recommendations to City concerning catering fees and policies with respect to the Facilities, (ix) make recommendations to City concerning maintenance of the Facilities, and (x) make recommendations to City with respect to capital improvement programs relating to the Facilities. In performing the services described in this Section 1.05, METTS shall be assisted by City through City's Civic Centers Manager and his/her staff. METTS is not required to provide staffing or otherwise incur any expense in connection with the performance of such services, or to expend any funds received by METTS from City pursuant to the Agreement for such purposes. In the event City shall request that METTS provide any staffing or otherwise incur any expense in connection with performance of such services and METTS shall agree to provide such staff and/or incur such expense, City shall provide additional funding to METTS for payment of such staff and/or expenses, which funding may be provided by City from that portion of the Hotel Tax revenues allocated to `Civic Center renovation and marketing' under the provisions of Section 26-22, Code of Ordinances of the City of Lubbock, Texas, as the same may hereafter be amended, and/or such other funding sources as City deems appropriate. Any funding provided by City to METTS pursuant to this Section 1.05 shall be maintained in a segregated account and shall not be commingled with any other funds belonging to METTS and shall be spent only for day-to-day operations of METTS, supplies, salaries, office rental, travel expenses and other expenses relating to performance of the services described in this Section 1.05 (provided that no such revenues may be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to such services or the performance of the person's job in an efficient and professional manner), and METTS otherwise shall report and account for such funds in the same manner as required by the Agreement with respect to funding provided under Section 2.01 thereof. METTS acknowledges that any funding of activities described in this Section 1.05 with Hotel Tax revenues creates and establishes a fiduciary duty on the part of METTS with respect to such funds." 2. City and METTS hereby ratify and affirm the Agreement, as amended by this Amendment, and declare the same to be in full force and effect in accordance with the terms thereof. This Amendment may be executed in any number of counterparts and each of such counterparts shall, for all purposes, be deemed to be an original, and all of such counterparts shall together constitute but one and the same instrument. EXECUTED the day and date first above written, effective as provided herein. ATTEST: &tt- kt— nv,-e� Betty A Johnson, C9ty Secretary ATTEST: Secretary JCR:da cityatt\1a-c&t.doc September 6, 1995 METTS: MARKETING, ENTERTAINMENT, TRAVEL, TOURISM AND SPORTS, INC. By: --0AA CRAIG WELLS, PRESIDENT 3