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Home My WebLink About206-26 RESOLUTIONDocusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 206-26 File Number: 2026-2922 A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND APPROVE AN AGREEMENT WITH THE VEGGIE TABLE, LLC DB/A FAYETTEVILLE FOUNTAIN TO PROVIDE CONCESSIONAIRE SERVICES AND BIKE AND BOAT RENTALS AT LAKE FAYETTEVILLE MARINA FOR ONE YEAR WITH FOUR AUTOMATIC RENEWAL OPTIONS WHEREAS, Parks and Recreation has been seeking a qualified vendor to operate concession services at the Lake Fayetteville Marina and three separate requests for proposals were issued; and WHEREAS, all three requests closed without a successful award and Parks and Recreation continued outreach to potential operators in an effort to identify a vendor capable of delivering consistent, sustainable marina services; and WHEREAS, The Veggie Table, LLC d/b/a Fayetteville Fountain submitted a proposal staff recommends for approval and further solicitation is not feasible at this time given the City's repeated unsuccessful attempts to secure a qualified vendor through the competitive RFP process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes Mayor Rawn to sign an agreement with The Veggie Table, LLC d/b/a Fayetteville Fountain to provide concessionaire services and bike and boat rentals at Lake Fayetteville Marina for one year with four automatic renewal options. PASSED and APPROVED on September 15, 2026 11 I T R :/1/i Approved: Attest: NY 9c•S'G FAYETTEVILLE:X= C— Molly Rawn, Mayor Kara Paxton, City Clerk TreasuA N?P. \�N i O i ; � Page 1 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD Na) CITY OF �. FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 15, 2026 CITY COUNCIL MEMO TO: Mayor Rawn and City Council THROUGH: Jennifer Walker, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs FROM: Lee Farmer, Recreation Superintendent SUBJECT: Lake Fayetteville Marina Concession and Rental Agreement RECOMMENDATION: 2026-2922 Parks and Recreation recommends approval of a bid waiver and to enter into an agreement with The Veggie Table, d/b/a Fayetteville Fountain to provide concessionaire and bike and boat rentals at Lake Fayetteville Marina. BACKGROUND: Parks and Recreation has been seeking a qualified vendor to operate concession services at the Lake Fayetteville Marina. Three separate requests for proposals were issued: RFP 25-14, issued August 24, 2025 RFP 25-28, issued December 21, 2025 RFP 26-02, issued February 1, 2026 All three requests closed without a successful award. Throughout 2026, Parks and Recreation continued outreach to potential operators in an effort to identify a vendor capable of delivering consistent, sustainable marina services. DISCUSSION: Fayetteville Fountain submitted a proposal to provide concession services at the Lake Fayetteville marina. The proposed services include food and beverage sales and the rental of bicycles and boats. This arrangement will provide visitors with convenient access to refreshments and recreational equipment while supporting activation and continued use of Lake Fayetteville. Fayetteville Fountain will provide associated services during peak season hours, with the schedule subject to City approval based on seasonal needs. Due to the City's three unsuccessful solicitations and the continued effort to identify a qualified operator, staff is requesting a waiver of the City's competitive bidding requirements for the proposed agreement with Fayetteville Fountain. Further solicitation is not feasible at this time, given the City's repeated unsuccessful attempts to secure a qualified vendor through the competitive RFP process. Proceeding with the proposed agreement will allow the City to provide a better experience by providing food, beverage, bike rental, and boat rental services to the public. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD BUDGET/STAFF IMPACT: The proposed agreement is expected to generate revenue to the City equal to 4% of net concession sales and boat and bike rentals. ATTACHMENTS: 3. Staff Review Form, 4. Lake Fayetteville Proposal, 5. Lake Fayetteville Marina Concession and Rental Agreement Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 EBEFD City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Legislation Text File #: 2026-2922 A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND APPROVE AN AGREEMENT WITH THE VEGGIE TABLE, LLC D/B/A FAYETTEVILLE FOUNTAIN TO PROVIDE CONCESSIONAIRE SERVICES AND BIKE AND BOAT RENTALS AT LAKE FAYETTEVILLE MARINA FOR ONE YEAR WITH FOUR AUTOMATIC RENEWAL OPTIONS WHEREAS, Parks and Recreation has been seeking a qualified vendor to operate concession services at the Lake Fayetteville Marina and three separate requests for proposals were issued; and WHEREAS, all three requests closed without a successful award and Parks and Recreation continued outreach to potential operators in an effort to identify a vendor capable of delivering consistent, sustainable marina services; and WHEREAS, The Veggie Table, LLC d/b/a Fayetteville Fountain submitted a proposal staff recommends for approval and further solicitation is not feasible at this time given the City's repeated unsuccessful attempts to secure a qualified vendor through the competitive RFP process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes Mayor Rawn to sign an agreement with The Veggie Table, LLC d/b/a Fayetteville Fountain to provide concessionaire services and bike and boat rentals at Lake Fayetteville Marina for one year with four automatic renewal options. Page 1 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD Lee Farmer Submitted By City of Fayetteville Staff Review Form 2026-2922 Item ID 9/15/2026 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/25/2026 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Parks and Recreation recommends approval of a bid waiver and to enter into an agreement with The Veggie Table, d/b/a Fayetteville Fountain to provide concessionaire and bike and boat rentals at Lake Fayetteville Marina. Budget Impact: 1010.520.5220-4414.01 General Fund Account Number Fund Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Amendment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Amendment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD Business Proposal for Lake Fayetteville Marina Submitted to: City of Fayetteville Parks & Recreation Submitted by: Abby Milam Fayetteville Fountain Lake Fayetteville Adventure Rentals 501-859-1694 Aldegraysggmailxom Date: July 28, 2026 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD Executive Summary This proposal outlines the development of a unique recreational and hospitality business at Lake Fayetteville that combines a premium recreational rental operation with a small restaurant and handcrafted soda fountain. The business is designed to encourage outdoor recreation, increase tourism, support local economic development, and create a welcoming gathering place for visitors. By pairing recreation with a specialty food and beverage experience, the business will offer a destination unlike any currently available in Northwest Arkansas. Business Concept The proposed business will provide: • Premium water and novelty bike rentals for individuals, families, and groups. In addition to traditional kayak and bike rentals we will offer premium rentals like water bikes, Zorb balls, novelty cycles, and paddle boats. • Handcrafted Italian sodas, Nostalgic soda fountain drinks, Mocktails, and Specialty Beverages. • Seasonal Food Menu plus assortment of Grab & Go Snacks • Comfortable outdoor seating and gathering areas. • Partnerships with local chefs, farmers, and vendors. Purpose The goal is to encourage healthy outdoor recreation while creating an attractive destination that supports Fayetteville's vision of sustainability, tourism, and community engagement. The business will: • Increase recreational opportunities. • Encourage visitors to spend more time at Lake Fayetteville. • Support local events and festivals. • Promote environmentally responsible recreation. Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD Community Benefits Recreation The adventure rental operation provides exciting outdoor activities for residents and tourists while encouraging appreciation of local waterways and trails. Potential services include: • Hourly rentals • Group outings • Corporate team -building events • Youth programs • Seasonal Festivals Tourism Visitors increasingly seek experience -based destinations rather than traditional retail. A combined adventure rental and premium soda fountain experience creates a memorable attraction that can become a regional destination. Economic Development The business is expected to: • Purchase products from Arkansas suppliers whenever possible. • Generate local sales tax revenue. • Encourage repeat tourism. Family -Friendly Environment The Fountain will be designed as a gathering place where families, students, cyclists, hikers, and paddlers can relax before or after enjoying Fayetteville's outdoor amenities. Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD Sustainability The business is committed to environmentally responsible practices including: • Refillable water stations • Recycling programs • Eco-friendly serving products • Leave No Trace education • Proper maintenance of waterways • Partnerships for community clean-up events Investment The owners will provide private investment toward: • Rental fleet • Safety equipment • Soda fountain equipment • Furniture and outdoor seating • Cosmetic upgrades • Point -of -sale systems • Marketing and Advertising The city will provide: • Building & utilities • Access to advertising around the park • Maintenance of buildings, landscaping, pest control The owners propose a yearly payment to the city of 4% of their net revenue based on rental and concession sales with the possibility of renegotiating that % rate for the second and third years if sales exceed expectations. Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 EBEFD Vision Our vision is to enhance one of Northwest Arkansas' most recognizable and loved recreation destinations by blending outdoor adventure with nostalgic, high -quality food and beverage experience. We believe this business will complement Fayetteville's reputation as a city that values healthy lifestyles, environmental stewardship, innovation, and community. We appreciate the City's consideration of this proposal and look forward to exploring how this project can enhance Fayetteville's parks, recreation system, and local economy. Thank you for your time and consideration. Respectfully, Abby Milam 501-859-1694 Aldegrays@gmail.com Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 EBEFD AGREEMENT Lake Fayetteville Marina Concessions and Rental THIS AGREEMENT made and entered into this15thday of September, 2026 by and between the City of Fayetteville, Arkansas, for the use and benefit of the Fayetteville Parks and Recreation Division, hereinafter called CITY, and The Veggie Table, b/b/a Fayetteville Fountain hereinafter called CONCESSIONAIRE, Witnessed: 1. Leased Premises. For and in consideration of the rents, covenants, and agreements herein entered into and agreed upon by the Concessionaire as obligations to the City, the City lets, leases, and demises unto Concessionaire, subject to the terms and conditions contained herein, the following described property: the Lake Fayetteville Marina facility and associated concession/recreation areas located at Lake Fayetteville in Fayetteville, Arkansas, The specific premises and equipment provided to the Concessionaire shall be identified and documented by the City prior to commencement of operations. To have and to hold said premises unto the Concessionaire for and during the term herein stated, subject to the covenants, terms, and conditions herein contained. 2. Term. This Agreement shall commence on September 15, 2026 ending on December 31, 2026. Upon agreement of both parties, the Agreement may automatically renew for four (4) consecutive one (1) year terms. Any renewal shall be subject to the Concessionaire's satisfactory performance and compliance with all terms and conditions of this Agreement. 3. Rent/Report. Concessionaire agrees to pay the City an amount equal to four percent 4% of all net revenue generated through the operation of the Lake Fayetteville Marina concession services. The four percent (4%) rate shall apply during the initial term of this Agreement. At each renewal period, the City and Concessionaire may negotiate an adjustment to the percentage of net revenue payable to the City for the upcoming renewal term based on the performance of the concession and other relevant factors. If no adjustment is agreed upon in writing by the start of the next term, the 4% rate shall apply throughout that term unless otherwise amended. Payment shall be made no later than ten (10) working days following the close of each month. In addition to the rental payment, Concessionaire shall submit a monthly report, in a form approved by the City, detailing revenue generated during the preceding month and the corresponding amount due to the City. The City shall have the right to review and audit records related to revenue for the purpose of verifying payments due under this Agreement. 4. Concession and Recreation Services. Concessionaire shall provide concession at Lake Fayetteville Marina as approved by the City. Services shall be operated in a professional, safe, clean, and customer -focused manner and shall be consistent with the terms and conditions of this Agreement. The Concessionaire shall not add, remove, or materially change services offered at the Marina without prior approval from the City. 5. Hours of Operation. Concessionaire shall provide approved concession services during hours established in coordination with and approved by the City. Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 EBEFD Because Marina operations are subject to seasonal variations, weather conditions, daylight hours, customer demand, special events, and other operational considerations, specific hours of operation may vary throughout the year. Concessionaire shall submit a proposed seasonal operating schedule by January 315` to the City for review and approval prior to the beginning of each operating season. Any changes to the approved operating schedule shall require prior approval from the City, except for temporary closures or modifications necessary due to weather, safety concerns, emergencies, or other circumstances approved by the City. The City reserves the right to require reasonable modifications to operating hours to accommodate City programs, special events, public safety needs, or other operational requirements at Lake Fayetteville. 6. Maintenance and Cleanliness. Concessionaire shall maintain all areas used in connection with its operations in a clean, safe, orderly, and sanitary condition. Concessionaire shall be responsible for routine cleaning associated with its operations and shall properly dispose of all trash and waste generated by its activities. Concessionaire shall promptly notify the City of any damage, maintenance issue, unsafe condition, or needed repair involving City property or facilities. 7. Equipment and Property. Any City -owned equipment, furnishings, fixtures, boats, docks, buildings, or other property provided to Concessionaire shall remain the property of the City unless otherwise specified in writing. 8. Licenses and Permits. Concessionaire shall obtain and maintain all licenses, permits, certifications, and approvals required by federal, state, county, and local laws and regulations for the operation of the concession services. 9. Bond. Concessionaire shall provide a $5,000 bond for performance and payment of items related to this contract. 10. Insurance. Concessionaire shall provide proof of liability insurance as directed by the CITY. Premiums for these policies shall be paid by Concessionaire. For any work subcontracted, the concessionaire shall require the subcontractor similarly to provide worker' s compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Concessionaire shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by the Concessionaire. 11. Compliance with Laws and City Policies. Concessionaire shall comply with all applicable federal, state, and local laws, ordinances, regulations, and City policies applicable to the operation of the Lake Fayetteville Marina concession services. 12. City Access and Oversight The City shall have reasonable access to the premises and facilities at all times for purposes of inspection, maintenance, public safety, compliance monitoring, and other legitimate City business. The City shall have the right to monitor the Concessionaire's operations to ensure compliance with this Agreement and applicable City requirements. 13. Utilities and Operating Expenses. The City shall provide and pay for the water and electrical service. 14. Assignment Concessionaire shall not assign, transfer, or sublease any portion of this Agreement or the premises without the prior written approval of the City. Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 EBEFD 15. Default/ Termination If Concessionaire defaults in the payment of rent, or if it violates any other covenants of this agreement, the City may terminate this contract, and the City may immediately enter and retake possession of Lake Fayetteville Marina. In the event that Concessionaire should default in the prompt payment or performance of any obligations as set forth herein, and in the event that it should become necessary for City to collect any past due payments or to enforce the other obligations of Concessionaire as set forth herein, by suit or otherwise, City shall be entitled (in addition to all other remedies to which it is entitled) to recover the costs and expenses of litigation. This contract may be terminated by either party for any reason by written notice sent at least 60 days in advance of the proposed termination. SIGNATURES CITY OF FAYETTEVILLE, ARKANSAS By: hb. Molly Rawn, Mayor Date: 9/15/2026 The Veggie Table, d/b/a Fayetteville Fountain By: Name: Abby Milam Title: Owner Date: August 25 2026