HomeMy WebLinkAboutOrdinance 26133-04-2023ORDINANCE NO. 26133-04-2023
AN ORDINANCE REALLOCATING APPROPRIATIONS FROM THE NON-
DEPARTMENT AL DEPARTMENT OF THE GENERAL FUND BY DECREASING
THE OPERATING AND MAINTENANCE CATEGORY IN THE AMOUNT OF
$120,000.00, AND INCREASING THE ECONOMIC DEVELOPMENT
DEPARTMENT TRANSFERS AND OTHER CATEGORY BY THE SAME
AMOUNT, FOR THE PURPOSE OF TRANSFERRING TO THE CULTURE AND
TOURISM FUND; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING
THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2022-2023 in the
Budget of the City Manager, there shall also be adjusted appropriations in the Non-Departmental Department
of the General Fund by decreasing the General Operating & Maintenance category in the amount of
$120,000.00 and increasing the Economic Development Department Transfers and Other category by the
same amount, for the purpose of transferring to the Culture and Tourism Fund.
SECTION 2.
That should any portion , section or part of a section of this ordinance be declared invalid , inoperative or void
for any reason by a court of competent jurisdiction, such decision , opinion or judgment shall in no way impair
the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 25773-09-2022 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations , in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRET ARY
Assistant City Attorney
ADOPTED AND EFFECTIVE: April 25, 2023
City of Fort Worth , Texas
Mayor and Council Communicat ion
DA TE: 04/25/23
LOG NAME: 25FWCVB2023CONTRACT
SUBJECT
M&C FILE NUMBER : M &C 23-0330
(ALL) Authorize Execution of a Professional Services Agreement with the Fort Worth Convention and Visitors Bureau d/b/a Visit Fort Worth , in the Amount of $16 ,650,908.00 for Fiscal Year
2023 , to Market and Promote Fort Worth for a Term of Five Years with Two One-Year Renewal Options, Reallocate Appropriations in the Fiscal Year 2023 Adopted Budget of the Culture
and Tourism Fund , and Adopt Appropriation Ordinances in the General Fund and Culture and Tourism Fu nd and Amend the Fiscal Year 2023 Adopted Budgets
RECOMMENDATION :
It is recommended that the City Council :
1. Authorize the execution of a Professional Services Agreement with the Fort Worth Convention and Visitors Bureau d/b/a Visit Fort W orth to market and promote Fort Worth as a
premier business and leisure destination for the benefit of Fort Worth 's hospitality industry and the local economy for a term of five years with two one-year renewal options in the
amount of $16,650 ,908 .00 for Fiscal Year 2023 from Culture and Tourism Funds ;
2 . Adopt appropriation ordinance reallocating appropriations in the Non-Departmental Department of the General Fund by decreasing the General Operating & Maintenance category in
the amount of $120,000 .00 and increasing the Economic Development Department Transfers and Oth e r category by the same amount;
3 . Adopt appropriation ordinance adjusting estimated receipts and appropriations in the Culture and Tourism Fund by 1) increasing Transfers from the General Fund in the amount of
$120 ,000.00 , 2) increasing General Operating & Maintenance category in the amount of $3 ,320 ,000.00 and 3) decreasing the Transfers & Other category in the amount of
$3 ,200 ,000.00 for purpose of funding the Herd Capital Expense, Motion Picture , Film and Television Marketing Fund , Event Trust Fund Application Account and National Public
Relations Marketing Fund ;
4 . Amend M&C 22-0984 by decreasing estimated receipts and appropriations in the Culture and Tourism Fund by reducing the use of fund balance in the amount of $136 ,000 .00 and
reducing the contribution to fund balance by the same amount for the purpose of correcting a technical error; and
5. Amend the Fiscal Year 2023 Adopted Budget.
DISCUSSION·
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a new agreement with the Fort Worth Con vention and Visitors Bureau d/b/a Vis it Fort Worth
(CVB) to provide promotional and marketing services funded by Municipal Hotel Occupancy Tax (HOT) revenues , and adjust the General and Culture and Tourism Funds Fiscal Year (FY)
2023 operating budgets accordingly to cover new contract stipulations.
State law authorizes a city to contract with another entity to manage and supervise programs or activities funded with revenue from the HOT. In accordance with this authority , the City and the
CVB have entered into a series of agreements for CVB to perform professional services for the City for HOT-funded marketing programs and activities. The current agreement (City
Secretary Contract (CSC) No. 44949) will expire on September 30 , 2023 , however the agreement authorized by this M&C will be effective retroactive to October 1, 2022 and supersede
csc #44949 .
Over the course of the last few months, staff and members of the CVB Board of Directors have been negotiating a new contract. Changes from previous agreements include revision of the
marketing provisions to reflect the growing importance of social med ia and digital publications in the marketing process and clarification in fund ing provisions to more clearly delineate the
three-part structure of the CVB fund ing . Key provisions of the proposed new agreement include the following :
1. General Marketing and Promotions/ Increase to FY2023 Base Funding -CVB base funding is paid in 12 monthly equal installments based on budget projections of hote l occupancy
ta x (HOT) revenues in the fiscal year and subject to a yearly "true-up' process . At the conclusion of FY2022 HOT 7% revenues exceeded budget expectations and a true up of $1.6M was
paid to CVB in January of 2023 from ava ilable Cu lture and Tourism fund balance. A base funding increase of $573 ,467.00 for FY2023 was previously appropriated in M&C 23-0221 , March
21 , 2023 as a direct result of the budget amendment to increase in anticipated HOT 7% collections during the current fiscal year. By increasing monthly payments to CVB for the remainder
of FY2023, the potential true-up amount owed in January of 2024 is minimized in advance. As such , the FY2023 base contract amount increases from $10,834 ,345.00 to $11 ,407 ,812 .00
with the execution of the new agreement. Base funding is subject to annual appropriation by the City Council during the budget process . However, the calculation for base fund ing rema ins
unchanged in the new contract.
2. National Public Relations Marketing Fund (NPRMF)-In addit ion to the annual base funding calculation , through the Economic Development Department, the City will allocate
$120 ,000.00 per fiscal year from Non-Departmental General Fund beginning in FY2023 for CVB to maintain funds available for the purpose of expanding its contract for national public
relations support to include stories that support Fort Worth 's economic development agenda. Any unused NPRMF will carry over to the following fiscal year for the same purpose , will
supplement the total funding to be contributed by the City during that fisca l year, and funding in subsequent years will be based on the annual CVB and City funds availability .
3. Fort Worth Herd Operations & Capital -In 2009 , CVB assumed responsibi lity for management of the promotional and marketing program known as the Fort Worth Herd (Herd). The
new agreement maintains the previously appropriated funding of $1 ,033 ,096.00 for Fiscal Year 2023. The City may increase funding annually based upon CVB's budget submissions and
available funds to the support the Herd. Herd funding is separate and apart from CVB Base and Special Public Facility Fund (SPFF) funding . Wth execution of the new agreement, the City
may also allocate up to $50 ,000.00 beginning in FY2023 for the Herd Capital Expense for the nex1 four years of fund ing . Funding sha ll be a dollar for do ll ar match with the Friends of the
Herd fundraising .
4. Special Public Facilities Funds (SPFF) -CVB maintains two funds to assist in attracting , maintaining and retaining tourism and convention business in Fort Worth -the Fort Worth
Convention Center Public Facilities Fund and the \MIi Rogers Memorial Center Public Facilities Fund (collectively , SPFFs). The contract calls for the City to allocate up to the amount of
$480 ,000.00 per fiscal year for the Fort Worth Convention Center SPFF, up to the amount of $210 ,000.00 per fiscal year for the \MIi Rogers Memorial Center SPFF and up to the amount of
$100 ,000.00 per fiscal year for the Sports SPFF . Funding for the SPFFs is subject to annual appropriation by the City Council during the budget process.
5. Sports Marketing Fund (SMF) -CVB maintains funds available for the purpose of promoting and marketing the sports tourism industry in the City. Wth execution of the new
agreement, the SMF annual up to amount increases from $100,000.00 to $200 ,000 .00 and an additiona l appropriation for FY2023 of $100,000.00 was previously approved in M&C 22-
0984 , on November 11 , 2022. Any unused SMF will carry over to the following fisca l year for the same purpose , will supp lement the tota l funding to be contributed by the City during that
fiscal year, and fund ing in subsequent years will be based on the ann ual CVB and City funds availability.
6. Motion Picture, Film and Television Marketing Fund (FMF) -CVB maintains funds available for the purpose of promoting and marketing the City to the motion picture , film , and
television industry to raise national awareness of the City . \Mth execution of the new agreement, the City will make an allocation of up to $150 ,000.00 in FY2023. Any unused FMF will carry
over to the following fiscal year for the same purpose. Funding in subsequent years will be based on the annual CVB and City funds availability.
7. Event Trust Fund Application Account-In FY2023 , the City will loan CVB $3 ,000 ,000.00 for the creation of a revolving account to be used for CVB's Event Trust Fund (ETF)
applications. The funds can be used by CVB exclusively for ETF applications . If any ETF reimbursements are received from the State , they shall be re-deposited in the revolving account.
The loan is repayable , at the City's option , upon the termination of this agreement. CVB will report monthly on the account disbursements and receipts .
8. Marketing Plan -On a yearly basis , the CVB wi ll develop and submit to the City a Marketing Plan that will include the services to be performed by CVB in the upcoming fiscal year and
include measurable performance criteria . Th e Marketing Plan wi ll be consistent with CVB's mission to market and promote Fort Worth as a premier business and leisure destination , so as
to enrich Fort Worth's hospita lity industry and the community's economy. In furtherance of that mission , the primary responsibilities of CVB are to promote conventions , trade shows ,
meetings and long-term equestrian events at the City's public facilities with the intent to maximize fa ci lity revenues , hotel occupancy tax. sales tax and use of the C ity's public fa cilities . The
Marketing Plan will provide the instruments to eva luate the services provided under the contract.
9. Budg et Plan -On a yearly basis, CVB wi ll be requi red to submit to the City , for consideration and approval, a proposed written budget plan indicating the fo ll owing : (i) the proposed
funding for the Genera l (Base) Funding induding the NPRMF , the SPFF , Herd operations and capita l, SMF and FMF , (ii) the projected avai lable HOT collections for the ensu ing fiscal year
and any amounts available in CVB reserve funds available for the NPRM F, SPFF , SMF and FMF .
10. Board of Directors -The contract terms a ll ow for the City Manager to serve as an ex-officio non-voting member of the CVB Executive Committee and City Manager, Assistant City
Manager and the Di rector of Public Events to serve as ex-officio non-voting members of the CVB Board of Directors. In addition, the contract ca ll s for two (2) Council Members or
appointees to serve as voting members on the CVB's Board of Directors with at least one of these individuals also serving on the CVB Executive Committee.
11. Te rm -The initia l term of the contract wi ll be for five years beginning on October 1, 2022 and expiring on September 30, 2027 , with the option to extend the contract for two additional
one-year periods.
12 . Te rmi nation -The contract w ill include a provision all owing either party to terminate the Agreement with a 90 day notice .
T he action in this M&C will amend the Fiscal Year 2023 Adopted Budget as approved in connection with Ordinance 25773-09-2022 , Section 1. General Fund , as listed on page 3 , and
Section 2. Special Revenue Funds , as listed on page 7.
Fund / De partm ent
Budg et Category
General Fund
Revenues
Non-Departmental
Use of Fund Balance
Total Revenues
Genera l Fu nd
Expenditures
Non-Departmenta l
Separation Pay
Emplotee Recruitment and Retention Fund
Fire Co ntingency Overtime Fund
Contractual Services
Tuition and Reimbursement
FY2023 Adopted Budget
0.00
$370 ,000.00
$8 ,060 ,037 .00
$4 ,767 ,575.00
$4 ,000 ,000.00
$3,465 ,149.00
$172,478.00
T raining Initiative $250 ,000.00
T ransfer to General Capita l Fund (PayGo)-IT Capita l $3,617,007.00
Transfer to General Capital Fund (PayGo)-Community Partnerships$750 ,000.00
Transfer to IT Refresh Capital $1,201 ,099.00
Transfer to Municipa l Golf (Operating Subsidy) $320,000.00
Transfer to Genera l Capita l Fund
Total Expenditures
Fund / Departm e nt
Budget Category
Genera l Fu nd
Revenues
Economic Development
Total Revenues
Genera l Fund
Expenditures
Eco nomic Development
Subsidy to Culture and Tourism (38 0 Agreement)
T ransfer to PI Ds
Transfer to Econom ic Ince ntive Fund
Transfer to Cu lture and Tourism Fund
Total Expenditures
Fund / Department
Budget Category
Culture and Tourism Fund
Revenues
Cu lture and Tou ri sm
Transfers from Genera l
Us e of Fund Ba lance
Total Revenues
Expe nd itu res
Cu lture and Tourism
T ransfer to General Fund
Transfer to Capital Fund
Transfer to VER F
T ransfer to IT Re fresh Capital
T ransfer to Debt Fu nd
Contribution to Fund Balance /Net Position
$26 ,973 ,345.00
FY2023 Adopted Budget
$1,138,106.00
$1,138,106.00
$38,513,321 .00
$2,927,456.00
$326,791.00
$2 ,000 ,000.00
$43 ,767,568.00
FY2023 Adopted Budget
$46 ,366,7 17.00
$46 ,366 ,717.00
$42,431,499.00
$943 ,581 .00
$500,000.00
$179 ,155.00
$44,054.00
$798 ,907.00
$1,469 ,521.00
Authority
M&C 23-0135
This M&C
M&C 23-0006
M&C 23 -0059
M&C 23-0192
M&C 23-0135
Authority
M&C 23-0095
This M&C
Authority
M&C 23-0221
This M &C
M&C 22-0984
This M&C
This M&C
This M &C
M&C 22-0984
M&C 23-0221
This M&C
T his M&C
M&C 23-0221
Budget Adju stment
$2,124 ,106.00
$2 ,124,106.00
($120,000.00)
($125 ,000 .00)
($300 ,000.00)
($405,066.00)
$2,124,106.00
$1 ,174,040 .0D
Budg et Adjust ment
$683,897.00
$120 ,000.00
$803 ,897 .OD
Budget Adjustment
$2 ,596 ,047.00
$120,000.00
$136,000.00
($136,00D.00)
$2 ,716 ,047 .DO
$3,200,000.00
$120 ,000.00
$136 ,000.00
$573 ,467.00
($3,200,0D0.00)
($136,00D .00)
$2,022 ,580.00
Revised FY2D23 Budget
$2 ,124,106.00
$2,124, 1 DG.00
$370,000 .00
$8,06D ,037 .00
$4,767,575.00
$4,000,000.00
$2 ,515 ,083 .00
$172,478.00
$250 ,000.00
$3 ,6 17 ,007.00
$750,000.00
$1 ,201,099.00
$320 ,000.00
$2,124,106.00
$2 8 , 14 7 ,385.DO
Revised FY2D23 Budget
$1,138,106.00
$1 ,138,1D6.DO
$39 ,197,218.D0
$2,927,456.0D
$326 ,79 1.00
$2,000,000.0D
$120,000.00
$44,571 ,465.00
Revised FY2023 Budget
$48 ,9 62 ,764.D0
$120 ,000.00
$136,000.00
($136 ,000 .00)
$49,082,764.00
$45 ,631,499.00
$120,000.00
$136,000.00
$573,467.00
$943 ,581 .00
$500 ,000.00
$179 ,155.00
$44,054 .0D
$798 ,907.00
($1,730,479.0D)
($136,000.00)
$2,022,580.00
Total Expenditures $46,366,717.00 $2 ,716,047 .00 $49,082 ,764 .00
Budget is available in Contribution to Fund Balance and Other Contractual Services and funding is avai lable from HOT revenues and transfers from the Genera l Fund , in the Cu ltu re and
Tourism Fund , for the professional services agreement with CVS. Funding is avai lab le in the Genera l Fund Non-Departmental for a transfer from the Economic Development Department to
the Culture and Tourism Fund for the same. Future fund ing in subsequent fisca l years will be based on avai lability and is subject to annua l appropriation by the City Council during the budget
process.
FISCAL INFORMATION/ CERTIFICATION :
The Director of Fin ance certifies that funds are currently avai la ble in the Culture & Tourism and General Funds and that upon approva l of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the Cu lture & Tourism Fund to support the above recommendations and execution of the agreement. Prior to an expenditu re
being incurred , the Public Events Department has the responsibility of verifying the avai lability of funds . Future funding in subsequent fisca l years will be based on availability and is subject
to annual appropriation by the City Council during the budget process.
Submitted for City Man ager's Office by : WIiiiam Johnson 5806
Originating Business Unit Head · M ichael Crum 2501
Additional Information Contact: Andrea Wright 2502
Expedited