HomeMy WebLinkAboutOrdinance 18984-12-2009Ordinance No. 18984-12-2009
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPR~PRIATI~NS
IN THE CULTURE AND TOURISM FUND IN THE AMOUNT OF $38,015.69 FRAM
UNAUDITED, UNRESERVED, UNDESIGNATED FUNDS FAR THE PAYMENT 4F
ADDITIONAL FUNDS T4 MANAGE AND SUPERVISE THE FORT WORTH HERD
PROGRAM; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIER ORDINANCES AND REPEALING ALL PR14R ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 4F FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2009-2010 and
in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in
the Culture and Tourism Fund in the amount of $38,015.69 from unaudited, unreserved, undesignated
funds, for the payment of additional funds to manage and supervise the Fort Worth Herd Program.
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.18809 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ordinances and appropriations are hereby expressly repealed.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.
PROV A TO FORM AND LEGALITY:
11~
Assi ant City At~ey
ADAPTED AND EFFECTIVE: December 15 2009
City of Fort Worth, Texas
Mayor and Council Communication
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DATE: Tuesday, December 15, 2009 REFERENCE N4.: C-24008
LAG NAME: 80FORT WORTH HERD TRANSFER TO CVB
SUBJECT:
Authorize Amendment to City Secretary Contract No. 36003 to Provide for the Management of the Fort
Worth Herd Program by the Fort Worth Convention and Visitors Bureau and Adopt Supplemental
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Authorize an amendment to City Secretary Contract No. 36003 to allow the Fort Worth Convention and
Visitors Bureau to manage and supervise the Fort Worth Herd Program beginning January 1, 2010, and to
provide payment of $433,180.19 for these additional services for the remainder of Fiscal Year 2010; and
2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations by $38,015.69 in the Culture and Tourism Fund from unaudited, unreserved, undesignated
funds.
DISCUSSION:
The purpose of this M&C is to amend the City Secretary Contract No. 36003, as previously amended, with
the Convention and Visitors Bureau CVB} to include the management, administration, and continued
operation of the Fort Worth Herd.
In Fiscal Year 1999, the Fort Worth Herd Program was established with the purpose of providing an
authentic interpretation of the history of the cattle industry and its impact on the growth and prosperity of
Fort Worth. The transfer of the Fort Worth Herd Program to the CVB was discussed during the Fiscal Year
201 o budget development process in September 2009, and was presented to the City Council at the
December 8, 2009, Pre-Council Meeting.
The City of Fort Worth (City) and CVB Staff have been negotiating a contract amendment to include
oversight of the Fort Worth Herd Program (Herd Program). Key provisions of the contract amendment will
include the following:
. The Amendment will be effective January 1, 2010, and continue in effect throughout the term of the
existing contract with the CVB, which expires September 30, 2012, and includes two one year
renewal options;
. The CVB will be required to conduct daily cattle drives at 11:30 a.m. and 4:00 p.m. in the Historic
Fort Worth Stockyards on ayear-round, seven-day-per-week basis weather or conditions permitting
and to conduct the Herd Education Program. Additional appearances and performances will be
allowed as long as they do not interfere with the daily drives or place too great a strain on the
Logname: SOFORT WORTH HERD TRANSFER TO CVB Page 1 of 3
personnel or animals;
The City's Fiscal Year 2010 Budget allocated $539,331.00 for operation of the Fort Worth Herd
Program under the City's administration. City and CVB Staff have identified the need for an
additional $38,015.69 to operate under CVB administration for the nine months remaining in Fiscal
Year 2010. This additional amount is primarily due to increased cost of workers' compensation
insurance and one time start-up costs such as purchase of a computer. Setting aside the one time
costs, the difference in the City's operating budget and the anticipated CVB budget equates to
$43,810.25 for the entire fiscal year. Although the CVB intends to pursue sponsorships and
donations to reduce operating costs, the projected budget difference does not include such
alternative support, the availability and amount of which is unknown;
Beginning with Fiscal Year 2011 the CVB will be required to include the estimated cost of funding
the Herd Program as part of its base budget and preliminary businesslmarketing plan, which the
CVB submits to the City on or before April 15 of each year. In accordance with the existing terms of
CSC No. 36003, the CVB is limited to a maximum budget increase of three percent over the
previous year's base budget. However, consideration may be given to address special
circumstances that would exceed this cap such as possible one time allowances for replacement of
vehicles;
. City-owned assets associated with operation of the Herd Program will be licensed to the CVB at no
cost. When such assets have exceeded their useful life or are no longer necessary for program
operations they will be returned to the City and the City will retire the assets in accordance with City
Policy. The CVB will be responsible for acquiring replacement assets, either by use of operating
budget or through donation;
. City-owned vehicles used by the CVB will continue to be maintained by the Equipment Services
Department (ESD). The amount of actual ESD charges will be deducted from payments to the CVB.
Replacement vehicles will be dedicated to use of the Herd Program but will not be titled to the City
and the CVB will be responsible for maintenance;
• If the CVB returns operation of the Herd Program to the City, all assets dedicated for use of the
Program will be surrendered to the City for continued use by the Program;
• The CVB will be authorized to use the Fort Worth Herd Trademark in accordance with and subject
to the terms of the City's trademark registration document. Any proposed merchandise displaying
the Herd logo will have to be approved by the Director of Public Events prior to production;
• The CVB will give hiring preference to existing employees of the Fort Worth Herd Program who
meet CVB's hiring criteria and efforts will be made by both the City and the CVB to ease the
transition. Employees will be subject to the City's Reduction in Force Policy; and
. The City will continue to provide indirect support to the Fort Worth Herd Program. The Parks and
Community Services Department will continue to assist with minor incidental facility repairs and the
Risk Management Division will continue to pay for liability insurance for the Herd. All other insurance
will be the responsibility of the CVB.
The Fort Worth Herd Program is based in the Historic Fort Worth Stockyards in COUNCIL DISTRICT 2.
This program services the entire City.
FISCAL INF~RMATIDN 1 CERTIFICATION:
The Financial Management Services Director certifies that upon adoption of the attached supplemental
Logname: $OFDRT WDRTH HERD TRANSFER TD CVB Page 2 of 3
appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the
Culture and Tourism Fund,
FUND CENTERS:
T4 FundlAccountlCenters FROM FundlAccountlCenters
2 GG04 531200 0240100 38 015.69 1 ~GG04 531200 0240700 433180.19
CERTIFICATIONS:
Submitted for City Mans er's office by: Charles Daniels X6183}
on inating De~ar#ment Head: Richard Zavala X5104}
Additional Information Contact: Richard Zavala X5144}
Logname: SOF~RT WDRTH HERD TRANSFER TD CVB Page 3 of 3