HomeMy WebLinkAboutOrdinance 4532 ORDINANCE NO. 4532
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT
BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE
FAYETTEVILLE YOUTH CENTER INC. IN THE AMOUNT OF TWO
HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) TO
PROVIDE PUBLIC RECREATION SERVICES FOR THE YOUTH AND
CITIZENS OF FAYETTEVILLE FOR 2004.
WHEREAS, providing quality recreational opportunities to the youth and other citizens of our
community is of mutual interest to the City of Fayetteville and the Fayetteville Youth Center, and;
WHEREAS, the Fayetteville Youth Center and the City of Fayetteville have had a close working
relationship for many years, and;
WHEREAS, this relationship allows for a continuity of services vital to the efficient provision of
recreational opportunities, and;
WHEREAS, were it not for the services offered by the Fayetteville Youth Center, the City of
Fayetteville would be required to assume the duty of providing staff, programming, promotion, and
development for youth recreational services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council for 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 approves a contract between the City of
Fayetteville, Arkansas and the Fayetteville Youth Center, Inc. in the amount of Two Hundred Fifty Thousand
Dollars ($250,000.00) to provide public recreation services for the youth of Fayetteville for 2004. A copy of
said contract marked Exhibit "A" is attached hereto and made a part hereof.
F
;kV E TSE. / PASSED and APPROVED this 16th day of December, 2003 .
_� ���• . APPROV D:
By
1 4' k a DCOODY, Mayor
SONDRA SMITH, City Clerk
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 $20,833 .33 monthly to the Fayetteville
Youth Center, Inc. throughout the year of 2004 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, Vandergriff Gymnasium and
the main facility of the Boys and Girls Club on Rupple Road. 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 portion
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 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, Mayor
FAYETTEVILLE YOUTH CENTER, INC.
BY:
Title
ATTEST:
BY: OILe�+y Cr�"
w,�ew Sondra Smith, City Clerk
;kyh
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 and 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 Director.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,
WHERAS, increase 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 Boys and Girls Club. FYC will be
responsible 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 Soccer Complex,
Walker Baseball/Soccer Complex, White River Baseball Complex, and the
Wilson Park 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 promotions 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 (Environment 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 will not compete/duplicate with those services 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
Swim Lessons
Tennis Lessons
5. FYC agrees not to establish a program that competes/duplicates with an
established program provided by Parks and Recreation. Moreover, FYC
agrees to provide Parks and Recreation with information relating to any of its
program 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 duplicate program offerings. It is
understood that FYC and Parks and Recreation both currently provide swim
lessons and aquatic programs and that both parties agree to work together for
the common good for both parties.
6. In the event the FYC wishes to allow program which fall in the general
description of paragraph 5 above, which does not believe competes with
current Parks and Recreation program, FYC will provide advance notice of
intent to start the program to Parks and Recreation 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 believes is a duplicate program within
the meaning of this document, Parks and Recreation Staff shall give FYC
written notices 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, the City may discontinue funding for
FYC on the 3151 day after such notice. If FYC files a dispute, the issue shall be
resolved by City Council and 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 Director 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.
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.
11 . FYC shall schedule a meeting and submit an annual financial report to the Parks
and Recreation Director on or before April of each year. Such-report shall detail
FYC's use of the City of Fayetteville' s funding allocation and accomplishment of
performance measures as stated below in number 13.
12. FYC shall comply with schedules and procedures established by the Budget and
Research Division of the City of Fayetteville for annual funding requests.
13 . Quarterly reports will be submitted to the Parks and Recreation Director on the
following dates: April 10, July 10, October 10, and January 10 (2005). These
reports will detail the following performance measures:
A. Increase club membership and youth served population numbers by
five percent.
B. Provide a minimum of 30 open recreation hours per week at the
Donald W. Reynolds Boys and Girls club facilities.
C. Provide a minimum of 10 youth instructional/educational programs.
D. Increase participation in youth instructional/educational programs by
five percent.
E. Provide a minimum of three youth sports programs.
F. Increase participation in youth sport programs by five percent.
G. Implement three customer service surveys for Boys and Girls Club
programs.
H. Apply for 10 grants/major corporate sponsorships to provide additional
funding to operate the Fayetteville Boys and Girls Club facilities and
programs.
14. The working procedures and responsibilities contained herein-shall become
effective January 1 , 2004.
FPYEfTF�,
Al, CITY OF FAYETTEVILLE
BY:
Attest: �L
BY: ( `
FAYETTEVILLE YOUTH CENTER, INC.
BY:
Attest:
BY:
Y6 (A
9 0
NAME OF FILE: Ordinance No. 4532
CROSS REFERENCE:
Item # Date Document
1 11 /20/03 memo to mayor & city council
draft ordinance
draft contract
Ex. A
staff review form for 12/16/03 mtg
copy of emails
2 01/12/04 memo to David Wright
NOTES:
IAr2>L/-eY�ll.� ynt�l �zr
Boys and Girls Club
p. I of 2
City Council Meeting of December 16, 2003
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
Connie Edmonston, Director of Parks and Recreatior�
From: David Wright, Recreation Superintendent p`t,
Date: November 20, 2003
Subject: Resolution to approve the continued agreement between Parks and Recreation
and the Fayetteville Boys and Girls Club to provide recreation for Citizens of Fayetteville
and to waive competitive bidding for the payment to the Boys and Girls Club in 2004 for
the provision of public recreation.
RECOMMENDATION
Fayetteville Parks and Recreation Staff recommends to approve the contract with
Fayetteville Boys and Girls Club to provide public recreation services for and waive
competitive bid for services.
BACKGROUND
The City of Fayetteville has provided financial support for the Fayetteville Boys and
Girls Club since 1967. In 1999, the Parks and Recreation Staff and the Boys and Girls
Club Staff re-evaluated their operations to determine if each were meeting the needs of
the Citizens of Fayetteville in the most efficient possible manner. The results of the
meetings were the attached "Working Agreement" between Parks and Recreation and the
Boys and Girls Club. It is the intent of both agencies 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 citizens, the City of Fayetteville would need to assume the responsibility.
DISCUSSION
The 2004 budget includes a total of $250,000 to be transferred to the Fayetteville Boys
and Girls Club. Of this transfer, $ 187,500 comes from Parks and Recreations Division,
Parks Development Program and $62,500 comes from the General Government
Department, Miscellaneous Division. A resolution of contractual services, as well as an
ordinance to waive competitive bidding is required. The contract outlines the services the
Boys and Girls Club is providing to the City and the citizens of Fayetteville. 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 it was created.
The agreement for 2004 is similar to the 2003 agreement. However, there is one change.
In the working agreement, performance measures have been added for evaluation of the
City's funding. These are listed under item number 13 in the working agreement.
If you have any questions regarding the Agenda Request or the Working Agreement,
please call me at 444-3481 , or email dwrightna.ci.favetteville.ar.us.
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT
BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE
FAYETTEVILLE YOUTH CENTER INC. IN THE AMOUNT OF
TWO HUNDRED FIFTYTHOUSAND DOLLARS ($250,000.00) TO
PROVIDE PUBLIC RECREATION SERVICES FOR THE YOUTH
AND CITIZENS OF FAYETTEVILLE FOR 2004.
WHEREAS, providing quality recreational opportunities to the youth and other citizens of
our community is of mutual interest to the City of Fayetteville and the Fayetteville Youth Center,
and;
WHEREAS, the Fayetteville Youth Center and the City of Fayetteville have had a close
working relationship for many years, and;
WHEREAS, this relationship allows for a continuity of services vital to the efficient
provision of recreational opportunities, and;
WHEREAS, were it not for the services offered by the Fayetteville Youth Center, the City of
Fayetteville would be required to assume the duty of providing staff, programming, promotion, and
development for youth recreational services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council for the City of Fayetteville, Arkansas hs ere�b' y v6i es the
requirements of formal competitive bidding and approves a con trAbbetween the 4ity of
Fayetteville, Arkansas and the Fayetteville Youth Center, Inc. in theamount of Two Hundrid Fifty
Thousand Dollars ($250,000.00) to provide public recreation servicesforthe youth of Fayetteville
for 2004. A copy of said contract marked Exhibit "A" is ais hereto and''n
de a part=hereof.
PASSED and APPROVED this 16thda&f December, 20\03
APPROOVVED =
l
By:. , ,;
D' COODY, Mayor
ATTEST:
By:
SONDRA SMITH, @ity Clerk
1 ,.
