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HomeMy WebLinkAboutOrdinance 4010 ORDINANCE NO. 4010 AN ORDINANCE WAIVING THE REQUIREMENTS L& COMPETITIVE BIDDING FOR ECONOMIC DEVELOPMENT SERVICES; AND AUTHORIZING AN AGREEMENT WITH THE CHAMBER OF COMMERCE FOR SUCH SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council hereby waives the requirements of competitive bidding for economic development services for the reason that said requirements are not feasible or practical due to the unique role of the Fayetteville Chamber of Commerce in encouraging economic development and that to seek economic development from other sources may result in an unnecessary and costly duplication of services within the City of Fayetteville. Section 2. That the agreement for economic development services is hereby awarded to the Fayetteville Chamber of Commerce. A copy of the agreement is attached hereto and made a part hereof as Exhibit "A " . r � F OASSFU AND APPROVED this 17 h day of December 1996. APPROVED: By:�'llte�gAiie� ti . ,I i " •3 , ' red Hanna, Mayor i ATTEST- By : Traci Paul, City Clerk EXHIBIT A AGREEMENT This Agreement made and entered into on this 174A day of Dece,% 6er 1996 between the City of Fayetteville, Arkansas, hereinafter called "CITY", and the Fayetteville Chamber of Commerce, a non-profit corporation, hereinafter called "CHAMBER"; WITNESSETH: WHEREAS, the City of Fayetteville, recognizing the need for continued development and economic diversification, a broader tax base, increased employment opportunities and improved quality of life for its citizens, wishes to provide for a coordinated effort to encourage, foster, and promote the economic development of the City and its environs; and, WHEREAS, the Chamber has actively promoted business development and economic growth within the region for the purpose of creating jobs, and as a result thereof has obtained certain knowledge and expertise in this field of endeavor; and. WHEREAS, it is the desire of the parties hereto that the entities involved in furthering the economic well being combine and coordinate their efforts for such purpose and provide an effective economic development program for Fayetteville, to be operated as hereinafter provided; NOW, THEREFORE, in consideration of the covenants and conditions stated herein, and in consideration of the mutual benefits which will accrue to each of the parties hereof, as well as the general citizenry of Fayetteville, the parties have agreed and do hereby agree as follows: CHAPTER 1. ECONOMIC DEVELOPMENT COUNCIL 1.0. Authority to Create. There shall be created an Economic Development Council, hereinafter called "Council", for the purpose of operating and managing an Economic Development Program. The Economic Development Council shall be composed of ten (10) members. One (1) of the ten (10) members shall be the Mayor of the City of Fayetteville, one (1) of the ten (10) members shall be the Administrative Services Director, of the City of Fayetteville, one (1) of the ten (10) members shall be the Public Works Director of the City of Fayetteville, two (2) of the ten (10) members shall be aldermen for the City of Fayetteville, appointed by the Mayor, (1) of the ten (10) members shall be the Chief Executive Officer/President of the Chamber, one (1) of the ten (10) members shall be the Chairperson of the Fayetteville Industrial Development Committee, one (1) of the ten (10) members shall be the Chairperson of the Board of the Chamber, and two (2) of the ten (10) members shall be members of and appointed by the Chamber of Commerce. I.I. Terms of the Office. The council members shall serve for the duration of this agreement. If a council member elects not to serve, he or she may designate his or her replacement. 1.2. Authority of Council Members. The council members shall set policies and procedures for the management and operation of the Economic Development Program, hereinafter called "Program". The President of the Chamber or his designate shall be responsible for the day-to-day operations and the general supervision and management of the business affairs of the program under this agreement. 2 CHAPTER 2. ECONOMIC DEVELOPMENT PROGRAM 2.0. Funding. Subject to the terms and conditions set forth in this agreement, the City shall compensate the Chamber for services rendered in the amount up to but not to exceed ONE HUNDRED THOUSAND DOLLARS ($ 100,000) to be paid in three (3) installments. The first installment in the amount up to but not to exceed FIFTY THOUSAND DOLLARS ($50,000) shall be paid on the fifteenth day of January. The second installment in the amount up to but not to exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000) shall be paid on the fifteenth day of April. The third and final installment in the amount up to and not to exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000) shall be paid on the fifteenth of July. Any monies that are not used for documented authorized expenditures shall revert back to the City. Funding each year shall be contingent upon approval of the yearly budget by the Fayetteville City Council. 2.1. Staffing, The Chamber agrees to provide a qualified and competent staff assigned to recruit and assist new business and industry, to develop and implement programs designed to foster new business enterprise, and to encourage expansion of existing businesses. It is understood and agreed by all parties hereto that all persons working for the Chamber under this agreement shall be employees of the Chamber and shall in no way be considered as employees of the City, and that any liability which should arise under the workers compensation laws of the State of Arkansas due to injury of any employee of the Chamber, the same shall be the sole liability of the Chamber. 2.2. Services. The goal of the Economic Development Program shall be 'To develop a balanced, diverse economic base with the expansion of existing businesses, and recruiting 3 of new businesses to Fayetteville while maintaining and improving our quality of life". To achieve this goal the Chamber shall provide management and administrative services necessary to present a viable and competitive program including, but not limited to, the gathering and dissemination of information, research, promotional programs, publications, and services. The Chamber and its Economic Development Program staff shall represent the City's interest in negotiating with prospective business and industrial firms wishing to expand or locate in Fayetteville. The Chamber understands that its operation under this agreement is to work for the general public for the purpose of promotion of business, industry, trade, and development within the City and its environs. 2.3 Reporting. The Chamber agrees to render to the City a comprehensive annual report which shall include, but not be limited to, a balance sheet, statement of revenues and expenditures, and program performance. This report shall be due to the Mayor's office no later than January 15th of each year. The Chamber also agrees to render to the City quarterly activity and financial reports, including documentation of expenditures, related to the Economic Development Program. Such reports shall be due to the Mayor's office no later than April 15th, July 15th, October 15th, and January 15th of each year. IT IS FURTHER understood that the City has the right at any time to review and audit Chamber books and financial records concerning funds paid the Chamber under this agreement. 2.4. Miscellaneous. The Chamber agrees to provide office space in the Chamber office building including all furnishings, equipment, and utilities necessary in order to 4 effectively carry out the functions of the Economic Development Program. CHAPTER 3. TERMINATION 3.0. Notification. The City or Chamber may terminate this agreement at any time. The terminating party shall give written notice of termination by certified mail. Termination shall become effective thirty (30) days after receipt of the written notice. Notice shall be addressed to the Mayor, in the event the Chamber elects to terminate, and addressed to the President of the Chamber, in the event the City elects to terminate. 3.1. Termination by City. In the event of termination by the City, the Chamber shall refund to the City all funds in excess of documented expenditures incurred by the Chamber pursuant to this agreement. Records shall be subject to immediate audit. 3.2. Termination by Chamber. In the event of termination by the Chamber, the Chamber shall deliver to the City all funds paid to it which have not been expended pursuant to this agreement. Records shall be subject to immediate audit. IT IS AGREED between the parties that this agreement is not assignable. This agreement shall commence on the 1st day of January . 1997, and shall terminate on December 31, 1997, with the City having the option to renew yearly for four (4) additional one (1 ) year terms. Notice of intent to renew shall be given by letter ninety (90) days prior to the end of agreement term and shall be subject to the City Council members' approval of the yearly city budget. WITNESS our hands on the 914_ day of Sanu4ry 19Z, at Fayetteville, Arkansas. 5 i: •_, t \ ` `< CITYOF FAYETTEVI LLE, ARKANSAS f \ e: v By: ed Hanna, Mayor ATT-EST By: Traci Paul, City Clerk CHAMBER OF COMMERCE By: 14 Steve Ward, residgnt ATTEST: 1 By: Title: 6 E-A-TTTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS N Cf 9 Z W October 4, 1994 Mr. Steven M. Ward President/CEO FAYETTEVILLE CHAMBER OF COMMERCE P.O. Box 4216 Fayetteville, Arkansas 72702-4216 RE: Notice of Intent to Renew Dear Mr. Ward: Ci -r,/ / CNAMBE:R A rJ re74T TO AG2EEMENT - . 10-4-q4 Li.d 1r. b' The City of Fayetteville entered into a co-operative "Agreement" with the Fayetteville Chamber. of Commerce on September 17, 1991. The terms of the aforementioned contract dictate that the city has the option to renew yearly for three (3) additional one (1) year terms. Notice of intent to renew is to be given by letter ninety (90) days prior to the end of the contract term. This letter will serve as our notice of intent to renew this contract in 1995, subject to the. City Council's approval of the yearly City budget. Should you have any questions, or if I can be of any further assistance to you, please do not hesitate to call. FH/kaf 113 WEST MOUNTAIN 72701 501-521-7700 FAX 501-575-8257 Sincerely, F ed Hanna Mayor