HomeMy WebLinkAboutOrdinance 20126-03-2012Ordinance No. 20126 -03 -2012
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $35,925.26,
FROM AVAILABLE FUNDS, FOR THE PURPOSE OF RECEIVING REVENUE
SHARE COMMITMENTS FROM REVENUES GENERATED FROM SPONSORSHIP
FEES FROM COCA -COLA BOTTLING COMPANY AND COMMISSIONS PAID BY
INTELLIVEND — G &E VENDING SERVICES; 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 2011 -2012 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
General Fund in the amount of $35,925.26, from available funds, for the purpose of receiving revenue share
commitments from revenues generated from sponsorship fees from Coca -Cola Bottling Company and
commissions paid by Intellivend — G &E Vending Services.
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 No.19911 -09 -2011 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of said prior ordinances and appropriations are hereby expressly repealed.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:
\ �W� f �'� ; .,d
ssistant City Attorney
1D<)P 11:D :1ND F-11-1-F('T1VF: March 27,20 12
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/27/2012 - Ordinance No, 20126 -03 -2012
DATE: Tuesday, March 27, 2012 REFERENCE NO.: * *G -17558
LOG NAME: 25REV SHARE BEVERAGE- VENDING - 2012
SUBJECT:
Authorize Payments to The Active Network in the Amount of $9,425.26 and to the Fort Worth Parks and
Community Services Sports Advisory Council, Inc., in the Amount of $26,500.00 for Revenue Share
Commitments and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
Authorize payment to The Active Network in an amount of $9,425.26;
2. Authorize payment to Fort Worth Parks and Community Services Sports Advisory Council, Inc., in an
amount of $26,500.00; and
3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the General Fund in the amount of $35,925.26 for revenue share commitments from
revenues generated from sponsorship fees from Coca -Cola Bottling Company and commissions paid by
Intellivend - G &E Vending Services.
DISCUSSION:
On May 18, 2004, (M &C C- 20085) the City Council authorized the execution of an Agreement with Public
Enterprise Group (now known as The Active Network) to assist in developing Corporate Partnership
Revenue Programs. In exchange for assisting the City in identifying and negotiating any partnership
Agreement, The Active Network receives a 12 percent commission on all revenue received by the City as
a result of such contracts.
As a result of this arrangement, on January 29, 2008, (M &C C- 22654) the City Council authorized the
execution of Agreements with Coca -Cola Bottling Company (Coca -Cola) and All Seasons Services, Inc.,
for exclusive vending services at City facilities. Since that time, All Seasons Services, Inc., has been
acquired by Bacon - Whitney 24/7 Vending (Bacon - Whitney). Intellivend has subsequently acquired Bacon -
Whitney. The City has received payments from G &E Vending Services for Intellivend.
Coca -Cola has paid the contracted sponsorship fee for Fiscal Year 2011 -2012 in the amount of
$75,000.00. Revenue from the sponsorship fee received from Coca -Cola for the beverage services
Agreement has been committed to key stakeholders for maintenance /operational costs and to match
contractual Agreements in place at the time the Agreement was executed with Coca -Cola. In addition to
The Active Network commission described above, other commitments include $26,500.00 for the Fort
Worth Parks and Community Services Sports Advisory Council, Inc. and $10,000.00 to the Municipal Golf
Fund to replace the revenue previously generated from their own vending machines at City athletic fields
and golf courses; $6,800.00 for Culture and Tourism to replace the lost revenue from a proposed pouring
rights Agreement; and the remainder to the General Fund.
Logname: 25REV_SHARE_BEVERAGE- VENDING - 2012 Page I of 2
Revenue from the commissions in the snack vending contract totaling $3,543.80 was received from
Intellivend - G &E Vending Services. The commission due to The Active Network from the snack vending
contract is $425.26 for the commission on the agreement described above. The remainder is deposited in
the General Fund.
Recap of the revenue distribution:
$ 9,425.26 The Active Network ($9,000.00 from Coca -Cola and $425.26 from Intellivend)
$26,500.00 Fort Worth Parks and Community Services Sports Advisory Council, Inc., for the
period of 5/16/12 to 5/15/13
$10,000.00 Municipal Golf Fund
$ 6,800.00 Culture and Tourism Fund
$25,818.54 General Fund ($22,700 from Coca -Cola and $3,118.54 from Intellivend)
$78,543.80
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon adoption of the attached supplemental
appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the
General Fund.
FUND CENTERS:
TO Fund /Account/Centers FROM Fund /Account/Centers
GG01 481306 0909103 $35,925.26 GG01 539120 0909103 $35,925.26
GG01 539120 0909103 $35,925.26
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Kirk Slaughter (2501)
Additional Information Contact: Kirk Slaughter (2501)
Logname: 25REV_SHARE_BEVERAGE- VENDING - 2012 Page 2 of 2