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HomeMy WebLinkAboutResolution - 5067 - Amendment #2 To Service Agreement - METTS Inc - Broaden Scope Of Services - 01_11_1996Resolution No. 5067 January 11, 1996 Item #12 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 Second Amendment to the Convention and Tourism Service Agreement by and between the City of Lubbock and Marketing, Entertainment, Travel, Tourism and Sports, Inc., to further broaden the scope of services to be provided pursuant to the Agreement dated September 22, 1994, which amendment is 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 Res ion as 1 copied herein in detail. Passed by the City Council this 11 fit, d o J nu AVID R. LAN(MTON, MAYOR ATTEST: Betty M. ohnson, 'ty Secretary M Aliamus, Managing Director & Leisure Services APPROVED AS TO FORM: Donald G. Vandiver, First Assistant City Attorney dplccdocs\mens.res December 29. 1995 Resolution No. 5067 January 11, 1996 Item #12 SECOND AMENDMENT TO CONVENTION AND TOURISM SERVICE AGREEMENT This Second Amendment to Convention and Tourism Service Agreement (the "Amendment") is entered into the 11th day of January, 1996, between the CITY OF LUBBOCK, TEXAS, a municipal corporation ("City") and MARKETING, ENTERTAINMENT, TRAVEL, TOURISM AND SPORTS, 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 and amended by First Amendment to Convention and Tourism Service Agreement dated September 14, 1995 (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 further 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 1.06 reading as follows: ggn mUmeW lend "1.06. Snorts Marketing. In addition to the programs and activities conducted by METTS pursuant to Section 1.01 and 1.05 of this Agreement, City hereby delegates to METTS, and METTS hereby accepts, responsibility for creating, managing, operating and supervising programs and activities for the purpose of visiting participatory and spectator sports marketing." 2. Article II of the Agreement is amended by adding thereto a new Section 2.09 reading as follows: "2.09. Funding of Sports Marketing Activities. City agrees to provide funding for the programs and activities conducted by METTS pursuant to the terms of Section 1.06 of this Agreement by paying to METTS a portion of the revenues derived from City's imposition and collection of the Hotel Tax. Such funding shall consist of (1) that portion of the Hotel Tax revenues allocated to 'visiting participatory and spectator sports 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 (6) funding from such other sources as may be approved by City. Separate accounting records shall be maintained by METTS with respect to all funding provided by City to METTS pursuant to this Section 2.09. All funding provided by City pursuant to this Section 2.09 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 Section 1.06 (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). METTS shall prepare and submit to City a detailed annual budget with respect to the funding provided by City hereunder, such funding shall be paid to METTS, and METTS shall expend, report and account for such funds all in the same manner as required by the Agreement with respect to funding provided under Section 2.01 thereof. METTS acknowledges that funding of the activities described herein by City with Hotel Tax revenues creates and establishes a fiduciary duty on the part of METTS with respect to such funds." 3. 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 -2- 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: Betty M. Johnso , City Secretary ATTEST: CO--& Secretar y CITY: CITY OJK LUB David R. Langston`Mayor METTS: MARKETING, ENTERTAINMENT, TRAVEL, TOURISM AND SPORTS, INC. By: y Burl Masters, President 511 Resolution No. 5067 January 11, 1996 Item #12 SECOND AMENDMENT TO CONVENTION AND TOURISM SERVICE AGREEMENT This Second Amendment to Convention and Tourism Service Agreement (the "Amendment") is entered into the 11th day of January, 1996, between the CITY OF LUBBOCK, TEXAS, a municipal corporation ("City") and MARKETING, ENTERTAINMENT, TRAVEL, TOURISM AND SPORTS, 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 and amended by First Amendment to Convention and Tourism Service Agreement dated September 14, 1995 (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 further broaden the scope of services to be provided by METTS pursuant to the Agreement, and have executed this Amendment for such purpose. A GREEMEN T 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 1.06 reading as follows: ,OM.u.4ft ma "1.06. Sports Marketing. In addition to the programs and activities conducted by METTS pursuant to Section l .01 and 1.05 of this Agreement, City hereby delegates to METTS, and METTS hereby accepts, responsibility for creating, managing, operating and supervising programs and activities for the purpose of visiting participatory and spectator sports marketing." 2. Article II of the Agreement is amended by adding thereto a new Section 2.09 reading as follows: "2.09. Funding of Sports Marketing Activities. City agrees to provide funding for the programs and activities conducted by METTS pursuant to the terms of Section 1.06 of this Agreement by paying to METTS a portion of the revenues derived from City's imposition and collection of the Hotel Tax. Such funding shall consist of (i) that portion of the Hotel Tax revenues allocated to 'visiting participatory and spectator sports 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 (ii) funding from such other sources as may be approved by City. Separate accounting records shall be maintained by METTS with respect to all funding provided by City to METTS pursuant to this Section 2.09. All funding provided by City pursuant to this Section 2.09 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 Section 1.06 (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). METTS shall prepare and submit to City a detailed annual budget with respect to the funding provided by City hereunder, such funding shall be paid to METTS, and METTS shall expend, report and account for such funds all in the same manner as required by the Agreement with respect to funding provided under Section 2.01 thereof. METTS acknowledges that funding of the activities described herein by City with Hotel Tax revenues creates and establishes a fiduciary duty on the part of METTS with respect to such funds." 3. 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 -2- 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: etty ]ohnso , City Secretary ATTEST: Secretary METTS : MARKETING, ENTERTAINMENT, TRAVEL, TOURISM AND SPORTS, INC. RV Burl Masters, President -3-