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HomeMy WebLinkAboutOrdinance 4372 ORDINANCE N0. 4372 AN ORDINANCE WAIVING THE REQUIREMENT OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND THE FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF $186,362.00 WHEREAS, the City of Fayetteville has worked cooperatively with the Fayetteville Youth Center, Inc. d/b/a/ the Fayetteville Boys and Girls Club, Inc. to provide public recreation for Fayetteville citizens for over thirty years; and WHEREAS, the City of Fayetteville determines that this long-standing, unique relationship provides by far the most efficient use of public money to secure the maximum amount of public recreation for its citizens at the least possible public cost; and WHEREAS, the City Council of the City of Fayetteville determines that in light of the City's unique, lengthy and productive working relationship with the Fayetteville Youth Center, Inc. that the necessity of formal competitive bidding should be waived for this contract as requested by the Fayetteville Parks and Recreation Department. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby waives the requirement of formal competitive bidding and approves the contract with the Fayetteville Youth Center, Inc. in the amount of $186,362.00 to provide public recreation for Fayetteville Citizens throughout 2002. A copy of this contract is attached as Exhibit A. PASSED and APPROVED this the 191hday of February, 2002. r - APPRO ED: "FAY[ t By: ^;w % AN COODY, Ma o j at er:Woodruff, City C rk NAME OF FILE: Ordinance No. 4372 CROSS REFERENCE: 02/29/02 Ordinance No. 4372 Contract with the Fayetteville Youth Center, Inc. 01 /31 /02 Memo to Mayor Coody and City Council thru Hugh Earnest, Urban Dev. Director, from Connie Edmonston, Parks & Rec. Superintendent, regarding Fayetteville Boys and Girls Club Agreement and Ordinance to Waive Competitive Bidding 02/19/02 Staff Review Form 02/26/02 Memo to Connie Edmonston, Parks & Recreation, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENT OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND THE FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF $186,362.00 WHEREAS, the City of Fayetteville has worked cooperatively with the Fayetteville Youth Center, Inc. d/b/a/ the Fayetteville Boys and Girls Club, Inc. to provide public recreation for Fayetteville citizens for over thirty years; and WHEREAS, the City of Fayetteville determines that this long-standing, unique relationship provides by far the most efficient use of public money to secure the maximum amount of public recreation for its citizens at the least possible public cost; and WHEREAS, the City Council of the City of Fayetteville determines that in light of the City's unique, lengthy and productive working relationship with the Fayetteville Youth Center, Inc. that the necessity of formal competitive bidding should be waived for this contract as requested by the Fayetteville Parks and Recreation Department. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby waives the requirement of formal competitive bidding and approves the contract with the Fayetteville Youth Center, Inc. in the amount of $186,363.00 to provide public recreation for Fayetteville Citizens throughout 2002. A copy of this contract is attached as Exhibit A. PASSED and APPROVED this the 19th day of February, 2002. APPROVED: By: nR xv, DA OODY, Mayor ATTEST: By: Heather Woodruff, City Clerk oRa . s7z • F C CONTRACT VNINAL Between The City of Fayetteville and Fayetteville Youth Center, Inc. WHEREAS, the City of Fayetteville has long been associated with and worked with the Fayetteville Youth Center, Inc. to provide public recreation for the citizens of Fayetteville; and WHEREAS, the Fayetteville Youth Center, Inc. has long provided public recreation to the youth and citizens of Fayetteville; and WHEREAS, it remains in the best interest of the City of Fayetteville and its citizens to provide operating, promotion and development revenues to the Fayetteville Youth Center, Inc. in consideration for the substantial recreational programs provided by the Fayetteville Youth Center, Inc. to the youth and citizens of Fayetteville. NOW, THEREFORE, IT IS AGREED: The City of Fayetteville shall provide the sum of $ 15,530. 16 monthly to the Fayetteville Youth Center, Inc. throughout the year of 2002 in consideration of the following duties and obligations to be performed by the Fayetteville Youth Center, Inc. : A. The Fayetteville Youth Center, Inc. promises to be jointly responsible with the Fayetteville School System to provide staffing, programming, maintenance, promotion, and development for the following facilities: Asbell Gymnasium, Holcomb Gymnasium, Vandergrff Gymnasium and the main facility of the Boys and Girls Club on California Drive. The Fayetteville Youth Center, Inc. agrees to use funding from the City to pay for gymnasium supervisors and custodians at these sites. B. The Fayetteville Youth Center, Inc. promises to make substantial portions of its programs or facilities available to Fayetteville citizens (the public) at little or no cost for needy youth. Although basic membership fees may be required for many Fayetteville residents, no needy youth wishing to participate at the Fayetteville Youth Center, Inc. facility shall be denied access solely because he or she does not have sufficient funds to pay for a regular membership. The Fayetteville Youth Center, Inc. shall report on a quarterly basis . ORQ • X1.37,2 the approximate number of Fayetteville citizens served by its programs and shall include the number of "scholarships" or free memberships provided to Fayetteville citizens. C. The Fayetteville Youth Center, Inc. shall continue to follow the general Working Procedures and Responsibilities for the City of Fayetteville Parks and Recreation Division and The Fayetteville Youth Center, Inc. which is attached as Exhibit A. CITY OF FAYETTEVILLE By: & &X�� DAN COODY, Mayor FAYETTEEVIILLE YOUTH CENTER, INC. By: Title ., AT, "IST; i '= eat er Woodruff, City Clerk • • ORS y37z EXHIBIT A RECREATION IN FAYETTEVILLE WORKING PROCEDURES AND RESPONSIBILITIES FOR THE CITY OF FAYETTEVILLE PARKS AND RECREATION DIVISION AND THE FAYETTEVILLE YOUTH CENTER, INC. This Agreement is made and entered into between the City of Fayetteville Parks and Recreation Division (Parks and Recreation) and the Fayetteville Youth Center, Inc., d/b/a Fayetteville Boys & Girls Club, (hereinafter FYC). WHEREAS, the parties are two of the providers of recreational programs for the citizens of Fayetteville and wish to define a working agreement which may be revised and modified each year upon mutual agreement between the Superintendent of Parks and Recreation and the Executive Director of the Fayetteville Boys and Girls Club; and, WHEREAS, it is the goal of both parties to work in cooperation to enhance the recreation facilities and programs offered by the parties and to act together in meeting the needs of the citizens of Fayetteville; and, WHEREAS, increased communications and a new set of operating procedures will assist with the working relationship and will benefit both agencies and their operations; and, WHEREAS, Parks and Recreation believes the goals of Parks and Recreation and FYC would best be accomplished by defining and streamlining responsibilities and procedures; and, is therefore recommending the merging of facility and program management for all recreation offerings, thereby providing administrative accountability for all services provided to the citizens. NOW, THEREFORE, in order to define and improve the current working relationship between Parks and Recreation and FYC, the following set of detailed operating procedures and responsibilities are hereby established. 1 . FYC will be responsible for working with the Fayetteville School System to provide staffing, programming, maintenance, promotion and development for the following facilities: Asbell Gymnasium, Holcomb Gymnasium, Vandergriff Gymnasium, and the Youth Center. FYC will assume responsibility for the hiring, evaluating, and supervising of gymnasium supervisors and custodians at Holcomb, Asbell, and Vandergriff Gymnasiums. 2. Parks and Recreation will be responsible for providing or approving the staffing, programming, maintenance, promotion and development for the city and school parks, including the following facilities which are utilized for sport programming; Asbell Soccer/Softball Complex, Lake Fayetteville Softball Complex, Gary Hampton Softball Complex, Lewis Street Page 1 OQ4 . y3rz. Soccer Complex, Walker Baseball/Soccer Complex, White River Baseball Complex, and the Wilson Softball Field. Parks and Recreation shall be responsible for outdoor facilities owned or leased by the City of Fayetteville, excluding the property leased to FYC pursuant to written agreements. 3 . FYC will be responsible for providing or approving the management, staffing, and promotion and development of the following programs and activities. FYC will coordinate with the Fayetteville School System for use of their facilities. FYC will be responsible for the majority of sports and activities held at indoor recreation facilities, including but not limited to the following: Basketball — Baton Camps (Environmental Study, Spring Break, Christmas Break, Summer) — Cheerleading — Dance — Fishing Rodeo — Flag Football (Youth) — Golf — Gymnastics — Karate — Ping Pong School Kids Connection — Swim Lessons Volleyball — Tackle Football Track Special Events FYC programs which do not compete with those listed in paragraph 4. 4. Parks and Recreation will be responsible for providing or approving the management, staffing and promotion and development of the following programs and activities. Parks and Recreation will be responsible for the majority of sports and activities held at outdoor recreation facilities, including but not limited to the following: — Baseball Softball — Flag Football (Adult) — Hobby Use Groups — Sand Volleyball — Soccer — Special Events Page 2 — Swim Lessons Tennis Lessons 5. FYC agrees not to establish a program that competes with an established program provided by Parks and Recreation. Moreover, FYC agrees to provide Parks and Recreation with information relating to any of its programs including roster of players, coaches, rules of the league and similar relevant data upon request by Parks and Recreation. It is the intent of both parties to work together for the common good of the citizens of Fayetteville by not providing public funding for multiple competing program offerings. It is understood that FYC and Parks and Recreation both currently provide swim lessons and pool programs and that both parties agree to work together for the common good of both parties. 6. In the event the FYC wishes to allow programs which fall in the general description of paragraph 5 above, which does not believe competes with current City programs, FYC will provide advance notice of intent to start the program to the City providing the City with time to determine whether it is a competing program or not. In the event that FYC offers a program that the Parks and Recreation Division believes is a competing program within the meaning of this document, Parks and Recreation Staff shall give FYC written notice of its assessment. FYC shall either cease operating such program within 30 days of such notice or shall provide a written response to Parks and Recreation that disputes whether such program is in fact a competing program. If FYC fails to cease such program or respond to the assessment from Parks and Recreation, City may discontinue funding for FYC on the 3 V day after such notice. If FYC files a dispute, the issue shall be resolved by City Council and the finding of City Council shall be final and not subject to appeal. If FYC fails to cease operation of such a program within 30 days of a decision requiring such cessation by City Council, then the City may stop annual funding to FYC. 7. The FYC Executive Director and Parks and Recreation Superintendent shall have periodic meetings to ensure communication between the two entities. 8. It is understood and agreed that the City's annual purchase of services will be negotiated on a yearly basis. FYC shall provide liability insurance for buses and vans provided by the City of Fayetteville. 9. The FYC Board of Directors is responsible for the management and operation of the annual funding allocation to FYC from the City of Fayetteville and shall have the responsibility for prioritizing the use of such funds. However, 75 percent of the funding must be expended for promotion and development of recreation. 10. As part of the annual funding, FYC agrees to make its facilities available to residents of the City of Fayetteville for a nominal daily fee without the need to purchase a membership to the club. Page 3 • • � 6RJ� . H37z 11 . FYC shall schedule a meeting and submit an annual financial report to the Urban Development Director on or before April of each year. Such report shall detail FYC's use of the City of Fayetteville's funding allocation. 12. FYC shall comply with the schedules and procedures established by the Budget & Research Division of the City of Fayetteville for annual funding requests. 13 . The working procedures and responsibilities contained herein shall become effective January 1 , 2002. CITY OF FAYETTEVILLE BY: $ Atesf , - r' IN ~ ' FAYETTEVIILLLE-YOUTH CENTER, INC. BY: r ATTEST: BY: Page 4 FAYETTEV&LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Coody and City Council THRU: Hugh Earnest, Urban Development Directorfj FROM: Connie Edmonston, Parks & Recreation Superintendents DATE: January 31 , 2002 RE: Fayetteville Boys and Girls Club Agreement and Ordinance to Waive Competitive Bidding Background The City of Fayetteville has provided financial support for the Fayetteville Boys and Girls Club since 1967 when the Parks and Recreation Division was created. Both shared the same director, as well as other program employees, until the two agencies were split in 1998. This cooperative agreement between our two agencies has worked extremely well throughout the years in serving the recreational needs of our citizens. It is the goal of both parties to work in cooperation to enhance the recreation facilities and programs in our City in order to meet the needs of the citizens of Fayetteville. It is the intent to work together for the common good of the citizens by not providing public funding for multiple competing program offerings. If the Boys and Girls Club were not providing recreational services for our youth as well as adults, the City would need to assume the responsibility. Current Status The 2002 budget includes $ 186,362 to be transferred to the Fayetteville Boys and Girls Club to purchase public recreational services for the citizens of Fayetteville. In addition, the City provides the club with buses and vans for program transportation. A resolution for contractual services as well as an ordinance to waive competitive bidding is needed. The contract outlines the services the Boys and Girls Club is providing for the City. We are requesting a waiver of competitive bids to secure the continuity of services provided and because the Boys and Girls Club has adequately served our citizens since 1944 when it was created. Recommendation Parks and Recreation staff recommends approval of the contract with the Fayetteville Boys and Girls Club to provide public recreation services for the citizens of Fayetteville and an ordinance to waive competitive bidding for the services. • STAFF REVIEW FORM AGENDA REQUEST xx _ CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of February 19, 2002 FROM : Connie Edmonston Parks & Recreation Urban Development S Name Division Department F ACTION REQUIRED : A Resolution to approve an agreement with the Fayetteville Boys and Girls Club to provide public recreation for the citizens of Fayetteville and an Ordinance to waive competitive bidding for the payment to the Fayetteville Boys and Girls Club in 2002 for the provision of public recreation . COST TO CITY : $54 , 341 $ IRR,369 $ 1 F.4 � n91 TransfersYouth/AdultCenters Cost of this Request Category/ Project Budget Category/Project Name 1010-5220-5718 . 00 Athletic\RecreationTrans 2250-9250-5718 . 00 sqn Parks Development Account Number Funds Used To Date Program Name General NAParks Development Project Number ' IRF � f7 Fund • Remaining Balance BUDGET EVIEW : xx Budgeted Item Budget Adjustment Attached Budge Manager Administrative Services Director CONTRACT / GRANT / LEASE REVIEW : J�[�� GRANTING AGENCY : CII Acc ti Man g r J Date I terns u itor bate �J 2La- oZ, City A Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION : Approval of Fayetteville Boys and Girls Club agreement and an ordinance to waive competitive bidding for the ��Fayetteville Boys and Girls Club . / � ivi�on"tit" ° � Date Cross Reference Z412 4000F epa ment Director / Dat New Item: Yes No Administrative services Director Date Prev Ord/Res # : [ Prev Ord/Res # 1 Orig Contract Date : [Orifi Contract Datel Mayor Date Orifi Contract Number : [ Contract # 1 FAYETTEVfLLE • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Coody and City Council THRU: Hugh Earnest, Urban Development Director lvrj FROM: Connie Edmonston, Parks & Recreation Superintendent(00'(f( DATE: January 31 , 2002 RE: Fayetteville Boys and Girls Club Agreement and Ordinance to Waive Competitive Bidding Background The City of Fayetteville has provided financial support for the Fayetteville Boys and Girls Club since 1967 when the Parks and Recreation Division was created. Both shared the same director, as well as other program employees, until the two agencies were split in 1998. This cooperative agreement between our two agencies has worked extremely well throughout the years in serving the recreational needs of our citizens. It is the goal of both parties to work in cooperation to enhance the recreation facilities and programs in our City in order to meet the needs of the citizens of Fayetteville. It is the intent to work together for the common good of the citizens by not providing public funding for multiple competing program offerings. If the Boys and Girls Club were not providing recreational services for our youth as well as adults, the City would need to assume the responsibility. Current Status The 2002 budget includes $186,362 to be transferred to the Fayetteville Boys and Girls Club to purchase public recreational services for the citizens of Fayetteville. In addition, the City provides the club with buses and vans for program transportation. A resolution for contractual services as well as an ordinance to waive competitive bidding is needed. The contract outlines the services the Boys and Girls Club is providing for the City. We are requesting a waiver of competitive bids to secure the continuity of services provided and because the Boys and Girls Club has adequately served our citizens since 1944 when it was created. Recommendation Parks and Recreation staff recommends approval of the contract with the Fayetteville Boys and Girls Club to provide public recreation services for the citizens of Fayetteville and an ordinance to waive competitive bidding for the services.