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HomeMy WebLinkAboutOrdinance 4365 ORDINANCE NO. 4365 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE UNIVERSITY OF ARKANSAS TO DEVELOP A STRATEGIC PLAN TO DEFINE THE PHYSICAL AND ECONOMIC CHARACTERISTICS OF THE ARKANSAS RESEARCH AND TECHNOLOGY PARK; AUTHORIZING THE MAYOR TO SIGN SAID CONTRACT; AND DECLARING AN EMERGENCY. WHEREAS, enhancing the economic opportunities available to the citizens of our community is of mutual interest to the City of Fayetteville and the University of Arkansas, and; WHEREAS, development of the Arkansas Research and Technology Park in the City of Fayetteville provides the potential to attract high-tech employers to our community, and; WHEREAS, the University of Arkansas Center for Business and Economic Research (CBER) and the University of Arkansas Community Design Center (UACDC) are uniquely qualified to provide the City with the specialized services required to develop a Strategic Plan for the Arkansas Research and Technology Park, and; WHEREAS, the Strategic Plan must be completed by March 1, 2002, in order for the Arkansas Research and Technology Park to be eligible for consideration in the FY2003 Federal appropriations process, and; WHEREAS, the City Council finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and; WHEREAS, the City Council further finds that an emergency exists due to the imminent FY2003 Federal appropriations deadline, and the potential funding loss if said agreement were not immediately approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby waives the requirements of formal competitive bidding and approves an agreement between the City of Fayetteville, Arkansas and the University of Arkansas to develop a Strategic Plan to define the physical and economic characteristics of the Arkansas Research and Technology Park. A copy of said • • Ord . 4365 agreement marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council hereby authorizes the Mayor to sign said agreement with the University of Arkansas. Section 3. Emergency Clause. That the City Council, having found that funding for the Arkansas Research And Technology Park would otherwise be unnecessarily disrupted, hereby declares this ordinance to be necessary to preserve the public peace, health, safety and welfare, and because of such, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from the date of its passage and approval. PASSED and APPROVED this 15th day of January, 2002 APPROVED: - `r By: zCe& 6226 DAN COODY, May AST W . ^ " tot i By; . EATHFCR4'OODRUFF, 61fy Clerk W ! NAME OF FILE: Ordinance No. 4365 CROSS REFERENCE: 01/15/02 Ordinance No. 4365 01/15/02 Agreement with University of Arkansas 12/27/01 Letter to Mayor Coody from Phillip Stafford, Project Coordinator, Research and Sponsored Programs & Technology Licensing, University of Arkansas, regarding strategic planning for the research and technology park 01 / 15/02 Staff Review Form 01 /18/02 Memo to Mayor Dan Coody, from Heather Woodruff, City Clerk NOTES : AGREEMENT THIS AGREEMENT, entered into this 15th day of January . 2002, by and between the UNIVERSITY OF ARKANSAS, hereinafter called the University, and the CITY OF FAYETTEVILLE, hereinafter called the City; WHEREAS, enhancing the economic opportunities available to the citizens of our community is of mutual interest to the City of Fayetteville and the University of Arkansas, and; WHEREAS, development of the Arkansas Research and Technology Park in the City of Fayetteville provides the potential to attract high-tech employers to our community, and; WHEREAS, the City and the University desire to develop a Strategic Plan to define the physical and economic characteristics of the Arkansas Research and Technology Park. NOW, THEREFORE, IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the City and the University agree as follows: 1 . That the City shall pay $37,500.00 to the University as its share of the cost to prepare a Strategic Plan, hereinafter called the Project, to define the physical and economic characteristics of the Arkansas Research and Technology Park. 2. That the University shall manage and oversee the efforts of the University of Arkansas Center for Business and Economic Research (CBER) and the University of Arkansas Community Design Center (UACDC), and keep the City reasonably informed as to the progress of the Project. 3. That the University shall make available to the City copies of all documents, reports, summaries, etc. generated in pursuit of Project goals. 4. The parties agree and understand that this Agreement is exclusive of any and all previous agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such agreements. 5. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of either party's right to seek appropriate remedies for any other breaches by either party. 6. This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this agreement shall be valid unless made in writing and signed by the duly authorized agents of the City and the University. IN WITNESS WHEREOF, the City and the University have executed this Agreement on or as of the date first written above. CITY OF FAYETTEVILLE, ARKANSAS By: , Dan Coody, Mayor ATTEST: H ather Woodruff, City Clep< UNIVE ITY OF ARKANSAS By: " A�/ Collis Geren, Vice Provost for Research . . • � OR � . �f 310.E AGREEMENT THIS AGREEMENT, entered into this 15th day of January 2002, by and between the UNIVERSITY OF ARKANSAS, hereinafter called the University, and the CITY OF FAYETTEVILLE, hereinafter called the City; WHEREAS, enhancing the economic opportunities available to the citizens of our community is of mutual interest to the City of Fayetteville and the University of Arkansas, and; WHEREAS, development of the Arkansas Research and Technology Park in the City of Fayetteville provides the potential to attract high-tech employers to our community, and; WHEREAS, the City and the University desire to develop a Strategic Plan to define the physical and economic characteristics of the Arkansas Research and Technology Park. NOW, THEREFORE, IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the City and the University agree as follows: 1. That the City shall pay $37,500.00 to the University as its share of the cost to prepare a Strategic Plan, hereinafter called the Project, to define the physical and economic characteristics of the Arkansas Research and Technology Park. 2. That the University shall manage and oversee the efforts of the University of Arkansas Center for Business and Economic Research (CBER) and the University of Arkansas Community Design Center (UACDC), and keep the City reasonably informed as to the progress of the Project. 3. That the University shall make available to the City copies of all documents, reports, summaries, etc. generated in pursuit of Project goals. 4. The parties agree and understand that this Agreement is exclusive of any and all previous agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such agreements. 5. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general ORD . -Y36�5 waiver of either party's right to seek appropriate remedies for any other breaches by either party. 6. This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this agreement shall be valid unless made in writing and signed by the duly authorized agents of the City and the University. IN WITNESS WHEREOF, the City and the University have executed this Agreement on or as of the date first written above. CITY OF FAYETTEVILLE, ARKANSAS By: / hW 12 Dan Coody, Mayor ATTEST: ather Woodruff, City C16k c UNIVERSITY OF KANSAS/ By: Collis Geren, Vice Provost for Research t ORDINANCE NO. 4365 COPY AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE UNIVERSITY OF ARKANSAS TO DEVELOP A STRATEGIC PLAN TO DEFINE THE PHYSICAL AND ECONOMIC CHARACTERISTICS OF THE ARKANSAS RESEARCH AND TECHNOLOGY PARK; AUTHORIZING THE MAYOR TO SIGN SAID CONTRACT; AND DECLARING AN EMERGENCY. WHEREAS, enhancing the economic opportunities available to the citizens of our community is of mutual interest to the City of Fayetteville and the University of Arkansas, and; WHEREAS, development of the Arkansas Research and Technology Park in the City of Fayetteville provides the potential to attract high-tech employers to our community, and; WHEREAS, the University of Arkansas Center for Business and Economic Research (CBER) and the University of Arkansas Community Design Center (UACDC) are uniquely qualified to provide the City with the specialized services required to develop a Strategic Plan for the Arkansas Research and Technology Park, and; WHEREAS, the Strategic Plan must be completed by March 1, 2002, in order for the Arkansas Research and Technology Park to be eligible for consideration in the FY2003 Federal appropriations process, and; WHEREAS, the City Council finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and; WHEREAS, the City Council further finds that an emergency exists due to the imminent FY2003 Federal appropriations deadline, and the potential funding loss if said agreement were not immediately approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby waives the requirements of formal competitive bidding and approves an agreement between the City of Fayetteville, Arkansas and the University of Arkansas to develop a Strategic Plan to define the physical and economic characteristics of the Arkansas Research and Technology Park. A copy of said • • Ord . 4365 agreement marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council hereby authorizes the Mayor to sign said agreement with the University of Arkansas. Section 3. Emergency Clause. That the City Council, having found that funding for the Arkansas Research And Technology Park would otherwise be unnecessarily disrupted, hereby declares this ordinance to be necessary to preserve the public peace, health, safety and welfare, and because of such, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from the date of its passage and approval. PASSED and APPROVED this 156, day of January, 2002 APPROVED: By: IC-4& 126 DAN COODY, Mayor ATTEST: By: Zvz FATHER WOODRUFF, City Clerk 0 deo . #365 AGREEMENT COPY THIS AGREEMENT, entered into this 15th day of , January , 2002, by and between the UNIVERSITY OF ARKANSAS, hereinafter called the University, and the CITY OF FAYETTEVILLE, hereinafter called the City; WHEREAS, enhancing the economic opportunities available to the citizens of our community is of mutual interest to the City of Fayetteville and the University of Arkansas, and; WHEREAS, development of the Arkansas Research and Technology Park . in the City of Fayetteville provides the potential to attract high-tech employers to our community, and; WHEREAS, the City and the University desire to develop a Strategic Plan to define the physical and economic characteristics of the Arkansas Research and Technology Park. NOW, THEREFORE, IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the City and the University agree as follows: 1 . That the City shall pay $37,500.00 to the University as its share of the cost to prepare a Strategic Plan, hereinafter called the Project, to define the physical and economic characteristics of the Arkansas Research and Technology Park. 2. That the University shall manage and oversee the efforts of the University of Arkansas Center for Business and Economic Research (CBER) and the University of Arkansas Community Design Center (UACDC), and keep the City reasonably informed as to the progress of the Project. 3. That the University shall make available to the City copies of all documents, reports, summaries, etc. generated in pursuit of Project goals. 4. The parties agree and understand that this Agreement is exclusive of any and all previous agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such agreements. 5. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of either party's right to seek appropriate remedies for any other breaches by either party. 6. This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this agreement shall be valid unless made in writing and signed by the duly authorized agents of the City and the University. IN WITNESS WHEREOF, the City and the University have executed this Agreement on or as of the date first written above. CITY OF FAY/)ETTEVILLE. ARKANSAS Dan Coody, Mayor ATTEST: H ather Woodruff, City ClejK UNI TTY OF ARKANSAS By: �/ - /� Collis Geren, Vice Provost for Research ORDINANCE NO. 4365 COPY AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE UNIVERSITY OF ARKANSAS TO DEVELOP A STRATEGIC PLAN TO DEFINE THE PHYSICAL AND ECONOMIC CHARACTERISTICS OF THE ARKANSAS RESEARCH AND TECHNOLOGY PARK; AUTHORIZING THE MAYOR TO SIGN SAID CONTRACT; AND DECLARING AN EMERGENCY. WHEREAS, enhancing the economic opportunities available to the citizens of our community is of mutual interest to the City of Fayetteville and the University of Arkansas, and; WHEREAS, development of the Arkansas Research and Technology Park in the City of Fayetteville provides the potential to attract high-tech employers to our community, and; WHEREAS, the University of Arkansas Center for Business and Economic Research (CBER) and the University of Arkansas Community Design Center (UACDC) are uniquely qualified to provide the City with the specialized services required to develop a Strategic Plan for the Arkansas Research and Technology Park, and; WHEREAS, the Strategic Plan must be completed by March 1, 2002, in order for the Arkansas Research and Technology Park to be eligible for consideration in the FY2003 Federal appropriations process, and; WHEREAS, the City Council finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and; WHEREAS, the City Council further finds that an emergency exists due to the imminent FY2003 Federal appropriations deadline, and the potential funding loss if said agreement were not immediately approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CM OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby waives the requirements of formal competitive bidding and approves an agreement between the City of Fayetteville, Arkansas and the University of Arkansas to develop a Strategic Plan to define the physical and economic characteristics of the Arkansas Research and Technology Park. A copy of said