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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 ,.