§ 10–1202.08a. Establishment of the Washington Convention Center Marketing Fund; marketing service contracts.

(a) There is established the Washington Convention Center Marketing Fund (“Marketing Fund”) to be maintained by the Authority to promote conventions, tourism, and leisure travel in the District and the hosting of sporting events, sports teams, recreational events, and entertainment events in the District.

(b) Monies in the Marketing Fund shall not be a part of, nor lapse into, the General Fund of the District. The Marketing Fund shall be audited at least once each year and a report of the audit shall be published by the Authority.

(c) The total dollar amount the Authority shall allocate to the Marketing Fund shall be based on, as nearly as practical, an amount equal to not less than 17.4% of the amount collected each year from the tax imposed by §§ 47-2002.02(1) and 47-2202.01(1). The Authority shall deposit monthly an amount equal to not less than 17.4% of the amount as collected from the tax imposed by §§ 47-2002.02(1) and 47-2202.01(1) into the Marketing Fund.

(d) Where applicable, the marketing service contracts that the Authority may enter into shall include information on general and specific responsibilities, performance standards, pricing, financial reports and data, associated services, cooperative efforts with the Authority and the District, duration and termination of agreements, proprietary work product, notices, and remedies. All money received from the Authority under a marketing services contract shall be separately accounted for and subject to verification by audit. The Authority shall have the right at any time to terminate any marketing service contract for cause. In the event of termination for cause by the Authority, the services to be performed under the terms of the terminated marketing service contract shall be procured by request for proposals made pursuant to rules for the procurement of goods and services adopted by the Board.

(e) The marketing service contracts shall include a contract with:

(1) Destination, DC (formerly, the Washington, DC Convention and Tourism Corporation), pursuant to which Destination, DC shall be designated as the primary contractor to:

(A) Market and sell meetings and conventions for the Washington Convention Center and hotels in the District of Columbia;

(B) Market and promote the District of Columbia as a destination; and

(C) Increase revenue to the District of Columbia and the Authority by maximizing sales of hotel rooms and restaurant meals;

(2) The D.C. Chamber of Commerce, pursuant to which the D.C. Chamber of Commerce shall be designated as the primary contractor to promote participation by local, small, and minority businesses in the hospitality industry, especially through neighborhood and cultural tourism; and

(3) The Greater Washington Ibero American Chamber of Commerce, for the purpose of pursuit of special projects, as designated by the Authority.

(e-1) The marketing service contracts may include contracts with:

(1) The DC Chamber of Commerce, pursuant to which the DC Chamber of Commerce shall be designated as the primary contractor to promote participation by local, small, and minority businesses in the hospitality industry, especially through neighborhood and cultural tourism; and

(2) The Greater Washington Hispanic Chamber of Commerce (formerly known as the Greater Washington Ibero American Chamber of Commerce), for the purpose of pursuit of special projects, as designated by the Authority.

(f) The obligation of the Authority to make any payment pursuant to any marketing service contract and the amount thereof shall be subject, and subordinate, in all respects, to the obligation of the Authority to apply any amount deposited or required to be deposited in any fund or account established or maintained pursuant to any resolution, indenture, or trust agreement adopted by the Authority relating to any bonds, notes, or other obligations issued by the Authority pursuant to § 10-1202.10 in accordance with the provisions of such resolution, indenture, or trust agreement.

(g) Before entering into any marketing contract that is a multiyear contract or in excess of $1 million during a 12-month period, the Authority shall submit the contract to the Council for review and approval under § 2-352.02.

(h) Repealed.

(i) Repealed.

(Sept. 28, 1994, D.C. Law 10-188, § 208a; as added Aug. 12, 1998, D.C. Law 12-142, § 2(f), 45 DCR 4826; Apr. 13, 1999, D.C. Law 12-219, § 2, 46 DCR 288; Apr. 3, 2001, D.C. Law 13-259, § 2, 48 DCR 772; June 12, 2003, D.C. Law 14-310, § 7, 50 DCR 1092; Nov. 13, 2003, D.C. Law 15-39, § 1102, 50 DCR 5668; Oct. 20, 2005, D.C. Law 16-33, § 1252, 52 DCR 7503; Mar. 3, 2010, D.C. Law 18-111, § 2081(k), 57 DCR 181; Sept. 20, 2012, D.C. Law 19-168, § 7143, 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-171, § 213, 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 7212(b), 60 DCR 12472; Feb. 22, 2019, D.C. Law 22-234, § 4, 66 DCR 219.)

Prior Codifications

1981 Ed., § 9-809.1.

Section References

This section is referenced in § 10-1202.06.

Effect of Amendments

D.C. Law 13-259, in subsec. (d), inserted the second sentence; in subsec. (e)(1)(C), deleted “promote neighborhood and cultural tourism in the District and” following “primary contractor to”, substituted “hospitality industry, especially through neighborhood and cultural tourism ” for “hospitality industry”; added subsec. (e)(2); and rewrote subsec. (g) which formerly read:

“(g) Any marketing contracts that exceed the specified dollar amounts contained in section III.A.1. or section 3(a)(1) of the Washington Convention Center Contract Nos. 1-99, 2-99, 3-99, and 4-99, as approved by the Council, shall be submitted to the Council for a 60-day period of review and approval. No additional marketing contracts shall be approved by the Authority without Council review and approval.”

D.C. Law 15-39 rewrote subsec. (e).

D.C. Law 14-310, in subsec. (e), validated previously made technical corrections.

D.C. Law 16-33, in subsec. (b), substituted “District. The Marketing Fund shall be audited at least once each year and a report of the audit shall be published by the Authority.” for “District, except as provided in § 10-1202.13.”.

D.C. Law 18-111 rewrote subsecs. (a) and (e); in subsec. (c), substituted “the Authority shall allocate to the Marketing Fund” for “of the marketing service contracts”; in subsec. (d), substituted “the marketing service contracts that the Authority may enter into” for “the marketing service contracts”; and added subsec. (e-1).

The 2012 amendment by D.C. Law 19-168 added (h) and (i).

The 2012 amendment by D.C. Law 19-171 substituted “§ 2-352.02” for “§ 2-301.05a” in (g).

The 2013 amendment by D.C. Law 20-61 added “as adjusted for inflation beginning in fiscal year 2015, as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor” in (h).

Applicability

Section 6 of D.C. Law 22-234 provided that the amendments made to this section by D.C. Law 22-234 shall apply as of October 1, 2018.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4 of Fiscal Year 2019 Budget Support Clarification Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-552, Dec. 31, 2018, 66 DCR 251).

For temporary (90 days) , see § 3 of Fiscal Year 2019 Budget Support Clarification Emergency Amendment Act of 2018 (D.C. Act 22-488, Oct. 22, 2018, 65 DCR12046).

For temporary amendment of section, see § 3 of the Sex Offender Registration Risk Assessment Clarification and Convention Center Marketing Service Contracts Emergency Amendment Act of 1998 (D.C. Act 12-427, July 29, 1998, 45 DCR 5725),§ 3 of the Sex Offender Registration Risk Assessment Clarification and Convention Center Marketing Service Contracts Emergency Amendment Act of 1998 (D.C. Act 12-508, November 4, 1998, 45 DCR 9174), and § 3 of the Sex Offender Registration Risk Assessment Clarification and Convention Center Marketing Service Contracts Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-9, February 8, 1999, 46 DCR 2317).

For temporary (90 day) amendment of section, see § 2 of the Washington Convention Center Marketing Emergency Amendment Act of 2000 (D.C. Act 13-585, January 31, 2001, 48 DCR 1929).

For temporary (90 day) amendment of section, see § 1102 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of section, see § 1102 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) amendment of section, see § 1252 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2081(k) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 2081(k) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 days) amendment of this section, see § 7212(b) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 7212(b) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Fiscal Year 2019 Budget Support Clarification Temporary Amendment Act of 2018 (D.C. Law 22-218, Feb. 22, 2019, 65 DCR 12977).

For temporary (225 day) amendment of section, see § 3 of Sex Offender Registration Risk Assessment Clarification and Convention Center Marketing Service Contracts Temporary Amendment Act of 1998 (D.C. Law 12-197, March 26, 1999, law notification 46 DCR 3423).

Short Title

Short title of title XI of Law 15-39: Section 1101 of D.C. Law 15-39 provided that title XI of the act may be cited as the Washington Convention Center Marketing Amendment Act of 2003.

Short title of subtitle DD of title I of Law 16-33: Section 1251 of D.C. Law 16-33 provided that subtitle DD of title I of the act may be cited as the Washington Convention Center Authority Marketing Fund Amendment Act of 2005.

Section 7211 of D.C. Law 20-61 provided that Subtitle U of Title VII of the act may be cited as the “Destination DC Technical Clarification Amendment Act of 2013”.

Effective Dates

For effective date of D.C. Law 12-142, see Historical and Statutory Notes following § 10-1202.01.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.