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HomeMy WebLinkAboutOrdinance 4682 ORDINANCE NO. 4682 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT FOR SERVICES WITH FAYETTEVILLE DOWNTOWN PARTNERS IN THE AMOUNT OF $150,000.00 TO ASSIST IN THE IMPLEMENTATION OF THE DOWNTOWN MASTER PLAN. WHEREAS, Fayetteville Downtown Partners is the only organization that currently exists that represents the entire area that is included in the Downtown Master Plan; and, WHEREAS, Fayetteville Downtown Partners is therefore, uniquely qualified and capable of performing the identified contractual services for the City of Fayetteville. 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 finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and waives the requirements of formal competitive bidding and hereby approves a contract for services with Fayetteville Downtown partners in the amount of $150,000.00 to assist in the implementation of The Downtown Master Plan. A copy of the contract for services is attached hereto marked Exhibit "A" and made a part hereof. PASSED and APPROVED this 1st day of March 2005. E APPROVED: -s.a' 'C\T Y O sG� : FAYEITEVILLE ; '- By: R DA OODY, Mayor ATTEST: '.9J y !fq NS 60 Jam; By: � a� SONDRA SMITH, City Clerk 0 9 CITY OF FAYETTEVILLE CONTRACT FOR SERVICES This agreement is entered into on this 1 " day of March 2005, between the City of Fayetteville, hereinafter known as the City and Fayetteville Downtown Partners (currently operating under Downtown Dickson Enhancement Project, Inc. , an Arkansas not-for-profit corporation) hereinafter known as FDP. This contract is for services to be provided during 2005. Whereas; the City of Fayetteville has established goals and guiding principles supporting the downtown district by adoption of the Fayetteville Downtown Master Plan . Whereas; the City has determined that a public need exists to assist the City in implementing the master plan in specific areas such as adopting new building design standards for the district, establishing funding mechanisms to assist property owners in implementing street building facade improvements, providing additional services to the district, creating a downtown strategic marketing plan, developing a downtown housing plan for all economic levels, supporting the sustainable growth of the downtown economy, establishing the creation of an Arts and Cultural District, among other goals and objectives that support the downtown area. Whereas; FDP has developed a business plan and structure for the organization with the mission to ensure the vitality of a dynamic downtown area through economic development initiatives, capital improvements, and effective marketing of the district. Whereas; FDP is uniquely qualified and capable of assisting the City in carrying out the objectives of the Downtown Master Plan. Now, therefore, in consideration of the mutual covenants contained herein, the city and FDP agree as follows: 1 . The agreement will begin on the date first written above. 2. FDP agrees to perform the following services for the City of Fayetteville. a. Develop funding mechanisms - FDP will continue to investigate and implement funding mechanisms to create a sustainable organization without sole reliance upon the City's General Fund by 2007. The mechanisms may include, but are not limited to, business improvement districts, grants from public and private sources, tax credits for private development, private donors and events. b1 . Identifying the feasibility of a Business Improvement District— In 2005, FDP will initiate Phase I of a three-phase process to form a Business Improvement District. Phase I is anticipated to take 6-9 months. This includes: Hiring a BID consultant for Phase 1 by April 1s` to facilitate the necessary steps FDP will need to implement a successful and sustainable B. I . D. Identifying the feasibility of creating a B. I . D. through the development of a Situation Analysis 0 0 • Developing an accurate database of property within the study area, including variables such as property ownership and assessed value, contact names for each parcel and current and future development plans Forming a 10-20 member Project Steering Committee that will include major stakeholders representing public and private property owners and key civic leaders Producing a Feasibility Report that will be prepared in partnership with the B. I. D. consultant, which will provide the steering committee the information needed to move forward on the creation of the B. I.D. Facilitation of Stakeholder Focus Groups, which will identify priorities for specific district services Facilitation of Public Sector Meetings Developing marketing and outreach materials to inform property owners about the process of forming a B. I. D. and the subsequent benefits b2. Implementing a Business Improvement District plan — If formation of a B. I. D. is feasible, FDP will begin to execute a plan with the goal of full implementation by December 21 s`, 2006. c. Festival coordination — FDP will continue as producer of the Fayetteville Fine Arts Festival (FAF), currently held the second weekend of September. d. Development Resource Center (DRC) — With the assistance of the University of Arkansas MBA Spring Partnering Program, FDP will establish an in-house business resource database of information about the district. This center will include, but is not limited to, a current real estate inventory and economic demographics, as well as other items deemed necessary in order to recruit and maintain a healthy downtown business climate. FDP will provide this information in a written report by November 2005 and implementation of the DRC will begin by June 2005. e. Banners — FDP will be responsible for coordinating the installation of banners on light poles and across Dickson Street. FDP will work with the city to develop a banner policy and the organization will implement that policy no later than April 2005. f. Marketing — FDP will assist in developing a strategic marketing plan and image for the downtown district that is consistent with the overall image campaign for the City of Fayetteville and the Advertising and Promotion Commission. FDP will coordinate these efforts and provide a progress report during a City Council agenda session in November, 2005 g. Other Initiatives — FDP will continue to provide leadership in the following areas: • Economic coordination — FDP will work with Chamber of Commerce, the Fayetteville Economic Development Council, the University of Arkansas, the Advertising and Promotion Commission, city staff and elected officials, merchants, artists and business leaders to help ensure the continued growth of the downtown area and of Fayetteville. • Downtown master plan — FDP will provide assistance to the City planning department in the facilitation of public meetings and public relations in reference to items such as code and zoning changes. FDP staff and/or board members will meet with City staff and/or elected officials at least once per month in order to coordinate efforts to implement the Downtown Master Plan. • Cultural Arts District Initiative — FDP will take the lead in developing a strategic plan to organize and nurture a cultural arts district to advance the overall economic growth of Fayetteville and enhance the city's quality of life. This will include, but is not limited to, assisting in the formation of an artist association, identification of our cultural amenities, participation in the revision of the downtown codes, and the definition of the cultural boundary. Attainable Housing - FDP will continue to explore and identify viable projects that forward the city's goals regarding attainable housing in the downtown district including research, grassroots coordination and project management. 3. FDP will provide written documentation and offer a verbal presentation to the Mayor and City Council during an agenda session at the convenience of FDP three times a year in April, August and November to delineate accomplishments undertaken during the preceding period on the services pursuant to paragraph 2. 4. To make available all records for review by the City and City auditors as requested. FDP agrees to comply with the Arkansas Freedom of Information Act as applicable. 5. For the purpose of this agreement, the project coordinator for the city will be Tim Conklin. The project coordinator for FDP will be interim administrator Daniel Hintz until the permanent director is hired. Communications pertaining to this agreement will be through the respective project coordinators for the City and FDP. 6. FDP will hold harmless, defend, and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the performance or nonperformance of the services or subject matter of this agreement. 7. Budget — The City agrees to pay FDP up to a total of $ 150,000 and separated into two payments of $100,000 to be paid by April 151 and $50,000 to be paid by September 1S' of 2005 8. FDP will render the City a request for payment as stated in this contract under line Item 7 and the City will pay the invoice within 30 days of receiving the invoice in the City's accounting division. IN WITNESS WHEREOF, City and Consultant have caused this instrument to be signed by their respective duly authorized officers, all on the day and year first above written. ATTEST: FAYETTEVILLE DOWNTOWN PARTNERS Np—t� Sha oover, President ATTEST: r- 6 � CITY OF YETTEVILLE �rf7- fl,, rvu f Mayor Dan Coody Y pF.G�. FAYETTEVILLE ; ',sy KANS •J �, 'I'll TON G� uuul" Ord • 3// �0S Tayetrli ARKANSAS 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Mayor Dan Coody Fayetteville City Council FROM : Tim Conklin, Director of Planning and Development Management DATE: February 22, 2005 SUBJECT: Approval of a Contract and Bid Waiver Ordinance for Fayetteville Downtown Partners in the Amount of $150,000 RECOMMENDATION Staff recommends approval of a contract and bid waiver ordinance for Fayetteville Downtown Partners in the amount of $ 1501000. Fayetteville Downtown Partners (FDP) is uniquely qualified and capable to perform the identified contractual services for the City of Fayetteville. Fayetteville Downtown Partners, formally known as Downtown Dickson Street Enhancement Project (DDEP), recently reorganized with its primary mission to assist the City in the implementation of the Downtown Master Plan. This is the only organization that currently exists that represents the entire area that is included in the Downtown Master Plan. BACKGROUND The City Council approved a line item in the 2005 budget to contract with Fayetteville Downtown Partners. Downtown Partners has developed a three year interim business plan with the goal to become self sufficient within three years with reduced City funding over the next two years. This funding request will be the primary source of funding for FDP to hire an executive director to carry out the scope of services that are included in the contract. Specifically, the Downtown Master Plan recommends that DDEP be transformed into a Business Improvement District. FDP potential long term funding strategies include providing contract services to the City and others that would support FDP. FDP has already started the search for an executive director and anticipates filling this position by April, 2005. BUDGETIMPACT The City Council reviewed this request for funding in the 2005 budget process as part of the non-profit funding requests and approved it as a line item in the adopted 2005 budget. • i ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT FOR SERVICES WITH FAYETTEVILLE DOWNTOWN PARTNERS IN THE AMOUNT OF $150,000.00 TO ASSIST IN THE IMPLEMENTATION OF THE DOWNTOWN MASTER PLAN. WHEREAS, Fayetteville Downtown Partners is the only organization that currently exists that represents the entire area that is included in the Downtown Master Plan; and, WHEREAS, Fayetteville Downtown Partners is therefore, uniquely qualified and capable of performing the identified contractual services for the City of Fayetteville. 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 finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and waives the requirements of formal competitive bidding and here A ',ail es a contract for services with Fayetteville Downtown partners in the amount of$15 = k©`0 0 t ssist in the implementation of The Downtown Master Plan. A copy of the c � l • ct fo services is attached hereto marked Exhibit " A" and made apart hereof. s � s PASSED and APPROVED this 151 day of=.M rch 2005. j t APS ; . ` 11 D: 1 B>Y` j a �` DAN C17 , Mayor ATTEST: / J By: SON°rA SM = � erk City of Fayetteville Application Form REQUEST FOR PUBLIC FUNDS FOR CALENDAR YEAR 2005 1 . Organization: Name, Address, Telephone & Fax: Fayetteville Downtown Partners 230 North Block Avenue P. O. Box 3573, Fayetteville, AR 72702-3573 479-571 -3337; fax 479-5714169 A. Is this a non-profit organization? Yes B. Tax-exempt status and Federal ID Number: 501 (c) (3) 71 -0800252 2. Project Director: Name, Address, Telephone & Fax Eileen Roufa, Interim Administrator Sharon Hoover, President Leslie Belden, Vice President Steve Davis, treasurer Terri Trotter, secretary Same address, telephone and fax as above 3. Title, Date, Goals and Brief Description of Project Fayetteville Downtown Partners (FDP) is a non-profit organization spawned from Downtown Dickson Enhancement Project (DDEP) in May 2004. FDP is devoted to ensuring the vitality and healthy growth of downtown Fayetteville. Whereas DDEP facilitated the collaborative effort of non-profit, private and public entities to fund improvements on Dickson Street, Fayetteville Downtown Partners is poised to broaden those efforts while continuing to improve the value of Fayetteville's downtown assets. Fayetteville Downtown Partners will: 1) Manage the Downtown Master Plan through identification of projects and promotion of guidelines set forth in the Downtown Master Plan; 2) Investigate various funding mechanisms such as Tax Increment Financing districts, Business Improvement Districts, and grant monies for projects such as public infrastructure, street and landscape maintenance, and district-wide marketing efforts; 3) Provide design assistance and infill strategies to meet the recommendations of the Downtown Master Plan, in particular along College Avenue, Archibald Yell Boulevard, and West Avenue; 4) Advocate for high diversity housing developments; 5) Develop a branding and image strategy for the district that utilizes our cultural assets and promotes downtown Fayetteville as the "experience" destination of Northwest Arkansas; 6) Promote and produce events and festivals that meet our mission to promote downtown Fayetteville; 7) Serve as district coordinator among various groups within the district such as the merchants' association, the neighborhood associations, and others to ensure that the downtown image and message are consistent; 8) Maintain a current real estate inventory and data as we recruit and retain downtown businesses; 9) Develop a Small Business Investment Corporation program to assist small businesses in their expansion and capital improvement projects by providing access to low-cost loans and financial incentives. 10) Initiate an affordable housing project in the district 11) Serve as the as the project coordinator for a parking facility in the district 7 - 29 m . O and , m•_ _ e,., �: :O_ f a ._ _ _ _v Ile• _;. O,R Value of Cash from Other Sources: $479000. Total Project Cost: $245,000. (Value of In Kind Match from Other Sources: $25,000.) 5. Proposed Funding Period (from) January 1 , 2005 (to) December 31 , 2005. Will project cross calendar years? X Yes 6. Describe the mission and history of your organization, including current funding In early 2004, as the Dickson Street streetscape project was completed, DDEP dissolved in order that the new Fayetteville Downtown Partners could emerge and adopt the larger mission of managing the Dover Kohl Downtown Master Plan. FDP benefits from the knowledge gained in the successful implementation of the Dickson Street improvements while being tempered by the shortcomings of the former organization. FDP has redefined the mission to align itself with the Downtown Master Plan and the capacities of our downtown partnering entities and institutions, to include but not limited to the City of Fayetteville, the University of Arkansas, the Fayetteville Chamber of Commerce, the Council of Neighborhoods, the Fayetteville Economic Development Council, the Walton Arts Center, the newly forming Merchants' Association, the Fayetteville School District, the Fayetteville Public Library, the Fayetteville Housing Authority, developers and financial institutions. Fayetteville Downtown Partners envisions a downtown district that is a lively, safe and unique area in which to live and work, as well as a compelling destination to visit. The FDP mission is to ensure the vitality of a dynamic downtown area through economic development initiatives, capital improvements, and effective marketing of the district. The FDP goals are: a. To lead in the implementation of a comprehensive plan for shaping the infrastructure of the district to impart a compelling sense of place and identity; b. To develop and apply a cohesive promotional strategy to establish the district as the prem:' cultural and entertainment destination in Northwest Arkansas; c. To encourage mixed use development and adaptive reuse and promote historic preservation; d. To support a healthy and diverse mix of businesses within the district; e. To promote healthy and unique downtown living; f To promote and encourage the unique atmosphere of the district. No City of Fayetteville funds were issued to FDP for the 2004 year. Funding of FDP through August 2004 was derived from two major sources: private donation and fund-raisers (Banners on Dickson Street; 2004 Northwest Arkansas Designer House; and Fayetteville Fine Arts Festival). Other funding sources in 2004 were the Fayetteville A&P Commission and in-kind donations. 7. Describe the persons or groups who will benefit from your project, including the estimated number of people served. As Fayetteville's historic center continues to flourish, all citizens of and visitors to downtown Fayetteville will benefit. Public improvements, diverse housing projects, and other economic initiatives within the district will generate a return on investment through increased sales, HMR and ad valorem taxes far in excess of investment. 8. Describe how your project will be evaluated. We expect to be evaluated each year by our funding entities. A strong active FDP Board meets to review progress, priorities and programs. A formal accounting audit will be completed annually by an outside local accounting firm. 7 - 30 2 2005 proposed budget Expenses director search, director salary for 9 months, $ 111 ,750. Interim director ( Jan - February),grant writer, consultants $ 17,800. Education / conferences $ 5,000. Rent /office $ 6,400. Equipment $ 2,500. Events $ 4,950. Utilities $ 1 ,600. Staff salary ( festival coordinator, consultants -part of the year) $ 80,000. Miscellaneous $ 15,000. $245,000. Revenues Membership dues $ 125000. Donations $ 35,000. 1 In kind ( accounting WAC printing Misc425 000 ( HRR# iCmfv17t: • APPlicant agrees to comply with all State and City purchasing policies and procedures (available from City Purchasing Off m) • Applicant cer6fws that project %ju comply iviih aU nondiscrimination statues and %iU be fully handicapped accessible Name of Applicant Sharon Hoover. Date_ Signature of Applicant dL Title. President Organization: Fayetteville Downtown Partners 7 - 31 3 DRAFT INTERIM BUSINESS PLAN Three Year Proposal October 12, 2004 FaY ettevi I le am uw , Partners Interim Business Plan DRAFT Three Year Proposal TABLE OF CONTENTS Executive Summary 3 ServiceOffering ........................................................................................................................ 3 Executive Director and Staff..........................................:........................................................ 3 FundingRequirements ....................................................................................................t....... 3 Section One — Business Concept 4 OurVision.................................................................................................................................. 5 OurMission ............................................................................................................................... 5 OurGoals.................................................................................................................................. 5 DowntownMaster Plan ........................................................................................................... 5 Offerings .................................................................................................................................... 6 Possible Offerings/Long-range Initiatives............................................................................. 7 Possible Organizational Structure......................................................................................... 7 Section Two — Expenses and Funding g ProjectedExpenses............................................................................................................... 10 FundingOpportunities ........................................................................................................... 11 Short-Term Funding ...........................................................................................................12 Long-Term Funding ............................................................................................................12 Section Three — Foundations of the Organization 14 Boardof Directors .................................................................................................................. 14 Executive Committee .........................................................................................................14 BoardMembers..................................................................................................................14 Ex-officio Members ............................................................................................................15 DesignCommittee.................................................................................................................. 15 MarketingCommittee............................................................................................................. 16 Festivals................................................................................................................:.................. 16 PromotionsCommittee.......................................................................................................... 16 Merchants' Association ......................................................................................................... 17 UniversityResources............................................................................................................. 17 MBAPartnering Project.....................................................................................................17 Center for Business and Economic Research ...................................................................17 UA Facilities Management.................................................................................................18 UACommunity Design Center...........................................................................................18 Section Four — Our Plan for the Future 19 FAYETTEVILLE DOWNTOWN PARTNERS 1 OCTOBER 12, 2004