HomeMy WebLinkAboutOrdinance 26134-04-2023ORDINANCE NO. 26134-04-2023
AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE CULTURE AND TOURISM FUND BY 1)
INCREASING THE GENERAL OPERATING AND MAINTENANCE CATEGORY
IN THE AMOUNT OF $3,320,000.00, WITH 120,000.00 TRANSFERED FROM
AVAILABLE FUNDS WITHIN THE ECONOMIC DEVELOPMENT
DEPARTMENT OF THE GENERAL FUND AND 2) DECREASING THE
TRANSFERS AND OTHER CATEGORY IN THE AMOUNT OF $3,200,000.00 FOR
THE PURPOSE OF FUNDING HERD CAPITAL EXPENSE, MOTION PICTURE,
FILM AND TELEVISION MARKETING FUND, EVENT TRUST FUND
APPLICATION ACCOUNT AND NATIONAL PUBLIC RELATIONS
MARKETING FUND; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING
THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL
ORDINANCE S 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 thos e amounts a llocated to the various City departments for Fiscal Year 2022-2023 in the
Budget of the City Manager, there shall also be adjusted estimated receipts and appropriations in the Culture
and Tourism Fund , by 1) increasing General Operating and Maintenance category in the amount of
$3,320,000 .00 , with $120,000.00 transferred from available funds within the Economic Development
Department of the General F und and 2) decreasing the Transfers & Other category in the amount of
$3,200,000.00 for the purpose of funding Herd Capital Expense, Motion Picture, Film and Television
Marketing Fund, Event Trust Fund Application Account and National Public Relations Marketing Fund.
SECTION 2.
That sho uld 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 thjs ordinance are in
direct conflict w ith such other ordinances and appropriat ions, in whjch 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said prior ordinances and appropriations are hereby expressly repealed.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 SECRETARY
Assistant City Attorney
ADOPTED AND EFFECTIVE: Apri l 25, 2023
City of Fort Worth , Texas
Mayor and Council Communication
DA TE : 04/25/23
LOG NAME: 25FWCVB2023CONTRACT
SUBJECT
M&C FILE NUMBER: M&C 23-0330
(AL L) 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 Fisca l Year 2023 Adopted Budg et of the Culture
a nd Tourism Fu nd , and Adopt Appropriation Ordinances in the General Fund and Culture and Tourism Fund and Amend the Fiscal Year 2023 Adopted Bud gets
RECOMMENDATION :
It is recommended that the City Council :
1 . Authorize the execution of a Professiona l Services Agreement with the Fort Worth Convention and Visitors Bureau d/b/a Visit Fort Worth to market and promote Fort W orth 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-Departmenta l Department of the General Fund by decreasing the General Operating & Maintenance category in
the amount of $120 ,000.00 and increasing the Economic Development DepartmentTransfers and Other 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 Te levision Marketing Fun d, 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 Cu lture and Tourism Fund by reducing the use of fund balance in the amount of $136 ,000.00 and
reducing the contributio n to fund balance by the same amount for the purpose of correcting a techn ical error; and
5. Amend the Fisca l Year 2023 Adopted Budget.
DISCUSSION ·
The purpose of thi s Mayor and Council Communication (M&C) is to authorize execution of a new agreement with the Fort Worth Convention and Visitors Bureau d/b/a Visit Fo rt Worth
(CVB) to provide promotional and marketing services funded by Municipal Hotel Occupancy Tax (HOl) revenues, and adjust the General and Culture and Tou ri sm 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 im portance of social media and digital publications in the marketing process and clarification in funding provisions to more dearly delineate the
three-part structu re of the CVB funding. 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 hotel occupancy
tax (HOl) revenues in th e 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 available Culture and Tou rism fund balance. A base fund ing in crease 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 in crease 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 funding remains
unchanged in the new contract.
2. National Public Relations Marketing Fund (NPRMF)-In addition to the annual base funding calcu lation, 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 avai lable 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 con tributed by the City during that fiscal 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 responsibility 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
avai la ble funds to the support the Herd. Herd funding is separate and apart from CVB Base and Special Public Facility Fund (SPFF) funding . \/\/Ith execution of the new agreement, th e City
may a lso allocate up to $50 ,000.00 beginning in FY2023 fo r the Herd Capital Expense for the next four years of funding. 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 Fu nd and the 1/\/111 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 th e 1/\/111 Rogers Memorial Center SPFF and up to the amount of
$100,000.00 per fiscal year for the Sports S PFF . 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 availab le for the purpose of promoting and marketing the sports tourism industry in the City. \/\/Ith execution of the new
agreement, the SMF annual up to amount increases from $100 ,000.00 to $200 ,000.00 and an additional 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 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 avai lability .
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
te levision industry to raise national awareness of the City. \/\/Ith execution of the new agreement, the City will make an a ll ocation of up to $150 ,000.00 in FY2023. Any unused FMF wi ll carry
over to the following fiscal year for the same purpose . Fund ing in subsequent years wi ll be based on the annual CVB and City funds availability.
7. Event Trust Fund Application Account-In FY202 3, the City will loan CVB $3 ,000,000.00 for th e 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 recei pts.
8. Marketing Plan -On a yearly basis , th e CVB will 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
in clude measurable performance criteria. The Marketing Plan will 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 hospitality industry and the community's economy. In furtherance of that mission , th e primary responsibilities of CVB are to promote conventions , trade shows,
meetings and long-term equestrian events at the City's public fa ci lities with the intent to maximize facility revenues , hotel occupancy tax , sales tax and use of the City's public facilities. The
Marketing Plan will provide the instruments to evaluate the services provided under the contract.
9. Budg et Plan -On a yearly basis , CVB wi ll be required to submit to the City , for consideration and approval , a proposed written budget plan indicating the fo ll owing : (i ) the proposed
funding fo r the General (Base) Funding induding the NPRMF , the SPFF , Herd operations and capital , SMF and FMF , (ii) the projected available HOT co ll ections for the ensuing fisca l year
and any amounts avai lable in CV B reserve funds avai lable for the NPRMF, SPFF, SM F and FM F.
10. Board of Directors -The contract tenms allow for the City Manager to serve as an ex-officio non-voting member of the CVB Executive Committee and City M anager, Assistan t City
Manager and the Director of Public Events to serve as ex-officio non-voting members of the CVB Board of Directors. In addition , the contract calls for two (2) Counci l Members or
appointees to serve as voting members on the CVB's Board of Directors with at least one of these individuals a lso serving on the CVB Executive Committee.
11. Te rm -T he initial term of the contract w ill be for fi ve years beginning on October 1, 2022 and expiring on September 30 , 2027 , with the option to extend the contract for two additiona l
one-year periods .
12. Termination -The contract will indude a provision allowing either parly to terminate the Agreement wi th a 90 day notice.
The action in this M&C will amend the Fiscal Year 2023 Adopted Budget as approved in connection with Ordinance 2577 3-09-2022 , Section 1. Genera l Fund, as listed on page 3, and
Section 2. Special Revenue Funds , as listed on page 7 .
Genera l Fu nd
Revenues
Non-Departmental
Use of Fund Balance
Tota l Reve nu es
Genera l Fund
Expenditures
Non-Departmenta l
Sepa ration Pay
Fund / De partm e nt
Budg et Category
Emplotee Recru itment and Retention Fund
Fire Con ti ngency Overlime Fund
Con tractua l Services
FY2023 Adopted Budget
0 .00
$370 ,000 .00
$8 ,060,037.00
$4 ,767,575 .00
$4,000 ,000.00
$3,465,149.00
Tuition and Reimbursement $172,478.00
Training Initiative $250 ,000.00
Transfe r to Genera l Capita l Fund (PayGo)-IT Capita l $3 ,617,007.00
Transfer to General Capital Fu nd (PayGo)-Commun ity Partnerships$750 ,000.00
Transfer to IT Refresh Capita l $1 ,201 ,099.00
T ransfer to Municipa l Golf (Operating Subsidy) $320 ,000.00
Transfer to Genera l Capita l Fund
Tota l Expenditures
Fund / Department
Budget Category
General Fu nd
Revenues
Economic Development
Total Revenues
Genera l Fu nd
Expendi tures
Economic Development
Subsidy to Culture and Tourism (380 Agreement)
Transfer to PID s
Transfer to Economic Incentive Fund
Transfer to Cu ltu re and Tourism Fund
Total Expenditures
Fund / Department
Budget Category
Cu lture and Tourism Fund
Revenues
Cu lture an d Tourism
T rans fers from Genera l
Use of Fu nd Ba lance
Total Revenues
Expenditures
Cu lture and Tourism
Transfer to General Fund
Tra nsfer to Capital Fund
Transfer to VERF
Transfer to IT Refresh Capita l
Transfer to Debt Fund
Contribution to Fund Ba lance /Net Posi tion
$26 ,973 ,345.00
FY2023 Adopted Bu dget
$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
$46,366,717 .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
Autho rity
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
T his M &C
Authority
M&C 23-0221
This M&C
M&C 22-0984
ThisM&C
ThisM&C
Th is M &C
M&C 22-0984
M&C 23-0221
This M&C
T his M&C
M&C 23-0221
Budg et Adjustment
$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 .00
Budget Adjustm e nt
$683,897 .00
$120 ,000.00
$803 ,897 .00
B udg et Adjustment
$2,596 ,047.00
$120 ,000.00
$136 ,000.00
($136 ,000.00)
$2 ,716,047.00
$3,200 ,000 .00
$120 ,000.00
$136 ,000.00
$573,467.00
($3 ,200 ,000 .00)
($136 ,000.00)
$2 ,022 ,580 .00
Revi se d FY2 023 B udget
$2 ,124,106.00
$2 ,124,106 .00
$370 ,000.00
$8 ,060 ,037.00
$4 ,767 ,575 .00
$4 ,000 ,000 .00
$2 ,515 ,083.00
$172,478 .00
$250 ,000.00
$3,617,007.00
$750,000.00
$1 ,201 ,099.00
$320 ,000.00
$2 ,124 ,106.00
$28 ,147,385.00
Revised FY2023 Budget
$1 ,138,106.00
$1 ,138 ,10 6.00
$39 ,197,218 .00
$2 ,927,456.00
$326 ,791 .00
$2 ,000,000 .00
$120,000.00
$44,571 ,4 65 .00
Rev ised FY2023 B udget
$48,962 ,764 .00
$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 .00
$798 ,907.00
($1 ,730,479 .00)
($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 Balan ce and Other Contractual Services and funding is avai la ble from HOT revenues and transfers from the General Fund , in the Cu lture and
Tourism Fund, for th e professional services agreement with CVB. Funding is available 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 funding in subsequent fi scal years will be based on availability and is subject to annua l appropriation by the City Council during the budget
process.
FISCAL INFORMATION/ CERTIFICATION:
Th e Directo r of Finance ce rt ifi es that fund s are currently available in the Culture & Tourism and General Funds and that upon approva l of the above recommendations and adopti on of th e
attached appropriation ordinance, funds will be avai lable in th e Culture & Tourism Fund to support the above recommendations and execution of the agreement. Prior to an expenditure
being incurred , th e Public Even ts Department ha s the responsibi lity of verifying the availability 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 Manager's Office by : Wlliam Johnson 5806
Originating Business Unit Head · Michael Cru m 2501
Additional Information Contact: Andrea Wright 2502
Expedi ted