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. 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. 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. 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. The marketing service contracts shall include a contract with: Destination, DC (formerly, the Washington, DC Convention and Tourism Corporation), pursuant to which Destination, DC shall be designated as the primary contractor to: Market and sell meetings and conventions for the Washington Convention Center and hotels in the District of Columbia; Market and promote the District of Columbia as a destination; and Increase revenue to the District of Columbia and the Authority by maximizing sales of hotel rooms and restaurant meals; 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 The Greater Washington Ibero American Chamber of Commerce, for the purpose of pursuit of special projects, as designated by the Authority. The marketing service contracts may include contracts with: 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 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. 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. 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 . Beginning in fiscal year 2013 and each fiscal year thereafter, the Chief Financial Officer shall transfer $3 million, 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, from the General Fund of the District of Columbia to supplement the Marketing Fund. In addition to any other limitation applicable under subsection (e)(1) of this section, funds transferred pursuant to subsection (h) of this section shall be limited to Destination DC-led advertising programs with the specific purpose to increase tourism and convention travel to the District of Columbia and further the purpose of the marketing service contracts entered into pursuant to subsection (e) of this section and used only for: Targeted online advertising; Search engine marketing; Print media; Broadcast media; Social media marketing; Outdoor media (billboards/signage); Direct-to-consumer email campaigns; and Pop-up experiential marketing opportunities. All uses of funds transferred pursuant to subsection (h) of this section shall be subject to mandatory return-on-investment analysis as determined by the Authority’s marketing service contract oversight functions. Any funds transferred pursuant to subsection (h) of this section that are used outside the scope and intent of this subsection, as determined by the Authority pursuant to its marketing service contract oversight function, shall lead to the automatic revocation of remaining funds transferred at the beginning of that fiscal year pursuant to subsection (h) of this section and their reversion to the General Fund of the District of Columbia.
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