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4453
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 $186,362.00 to
provide public recreation for Fayetteville Citizens throughout 2003. A copy of
this contract is attached as Exhibit A.
PASSED and APPROVED this the 17w day of December, 2002.
APPRO
u �x By:
DAN COODY, M r
By�
eather Woodruff, CityzVlerk
r
CONTRACT
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 2003 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. '`I The Fayetteville Youth Center, Inc. promises to make
r substantial portions of its programs or facilities available to
e 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
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:
DAN COODY, M r
FAYETTEVILLE YOUTH CENTER, INC.
By: U�
Title
ATTEST:
By:
eather Woodruff, City Clerk
• � yiti
ra
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
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 31 " 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
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 , 2003.
c , r E rrF• CITY OF FAYETTEVILLE
L�
Y %e if
BY:
J C ,
?Attest:
BY: 1
FAYET`TEVVIILLLEE ,YOUTH CENTER, INC.
BY:
ATTEST:
BY:
ire Vc�c
Page 4
NAME OF FILE: Ordinance No, 4453
CROSS REFERENCE:
Item # Date Document
1 12/17/02 Ord. No. 4453 w/contract w/Ex. A
2 11 /26/02 Staff Review Form w/attachments:
memo to mayor/city council
3 12/26/02 memo to Connie Edmonston
NOTES :
19 • STAFF REVIEW FORM
oxx Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of: December 17, 2002
FROM:
Connie Edmonston Parks & Recreation Urban Development
Name Division Department
ACTION REQUIRED:
An Ordinance to approve an agreement with the Fayetteville Boys and Girls Club to provide public recreation for the citizens of
Fayetteville and to waive competitive bidding for the payment to the Fayetteville Boys and Girls Club in 2003 for the provision
of public recreation.
COST TO CITY:
$ 46,591
$ 186.362 (2003 Budget) $ 139.771 Transfers Youth/Adult Center
Cost of this Request Category/Project Budget Category/Project Name
1010-5220-5718.00 $ 0 Athletic/Recreation Trans
2250-9250-5718.00 $ 0 Parks Development
Account Number Funds Used to Date Program Name
General
n/a $ 186,367 Parks Development
Project Number Remaining Balance un
BUDGET REVIEW: XX .Budgeted Item _Budget Adjustment Attached
Budget Manager Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accounting anager Date ADA Coordinator Date
Ci Arttney Date Internal A itor Date
A I I acts b a—
Purchasing Officer Date
STAFF RECOMMENDATION: Approval of Fayetteville Boys and Girls Club agreement and to waive competitive bidding
for the Fayetteville Boys and Girls Club.
CDivi6sion lea Date Cross Reference
Depagurient Di ertor Date New Item: 4Yes_ No
c c7 7
Admritrat ive ices Director Date Prev Ord/Res # : �v— 020 oZ
Bua�e F
� 76L
Mayor Date Orig Contract Date:
Page 2 • •
STAFF REVIEW FORM
Description Fayetteville Boys and Girls Club Agreement Meeting Date December 17 2002
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEVI LLE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Coody and City Council
THRU: Hugh Earnest, Urban Development Director
FROM: Connie Edmonston, Parks & Recreation Superintendent-
DATE: November 26, 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 the Parks and Recreation Division was created in 1967. 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 2003 budget includes $ 186,362 to be transferred to the Fayetteville Boys and Girls Club to
purchase public recreational services for the citizens of Fayetteville. 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.
FAYETTEVI &E
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To : Connie Edmonston
Parks and Recreation
From: Heather Woodruff, City Clerk
Date: December 26, 2002
Attached is a copy of Ordinance 4453 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. I am also returning
one signed copy of the contract.
The original ordinance and original signed contract will be microfilmed and filed with the
City Clerk.
cc: Nancy Smith, Internal Auditor
