HomeMy WebLinkAboutOrdinance 4825 ORDINANCE NO. 4825 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT FOR SERVICES WITH FAYETTEVILLE DOWNTOWN PARTNERS IN THE AMOUNT OF $90,000.00 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 $90,000.00 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. Section 2. That the funding for this request be from the Wilson Springs sale proceeds. PASSED and APPROVED this 17 h day of January, 2006. APPROVED- By: i DAN COODY, ayor ATTEST: runnrrr 00 By: B "ab z4 � SONDRA SMITH, City Clerk E : FAYETTEVILLE ; Vol�9s .9'Qk CITY OF FAYETTEVILLE CONTRACT FOR SERVICES This agreement is entered into on this 11) A , between the City of Fayetteville, hereinafter known as the City, and Fayetteville Downtown Partners, an Arkansas not-for- profit corporation, hereinafter known as FDP. This contract is for services to be provided during 2006. Whereas; FDP and the City of Fayetteville recognize that the geographical region defined within the Downtown Master Plan is undergoing significant change. Whereas; this change is creating challenges and opening opportunities for the City, residents, businesses, landowners and developers Whereas; The City desires to promote a partner that will assist in the resolution of these challenges and work with the City to maximize opportunities resulting from these changes Whereas; FDP is the downtown organization that supports both the philosophy and implementation of the Downtown Master Plan and coordinates multiple, interrelated partners - businesses, residents, elected officials, City staff, cultural institutions and the University of Arkansas - on those initiatives that affect downtown stakeholders. Whereas; FDP is uniquely qualified and capable of assisting the City in carrying out the objectives identified above Now, therefore, in consideration of the mutual covenants contained herein, the City and FDP agree to the following: 1 . FDP agrees to perform the following services for the City of Fayetteville. Establish a Downtown Improvement District (DID) • Build consensus among downtown stakeholders • Develop a baseline role for a DID which can be utilized to achieve the legislative authorization by the Fayetteville City Council • Facilitate the process to create a DID management plan, budget, and district boundaries • Collect signatures of property owners representing two-thirds (67% ) of the total assessed downtown property value • Gain City Council approval for the creation of the DID • Install the necessary structures to initiate the DID in 2006, with initial DID funding beginning in 2007 Strengthen the infrastructure of Downtown Fayetteville • FDP will provide assistance to City staff in the facilitation of public meetings and public relations as requested , for initiatives impacting the Master Plan area 1 • FDP staff and/or board members will meet with City staff and/or elected officials as appropriate to coordinate efforts to implement the Downtown Master Plan Create a Cultural District in downtown Fayetteville • Establish the boundaries and define the services of the Cultural Arts District • Produce, strengthen, and support arts related events that draw new audiences and cultural tourists to downtown Fayetteville • Promote and market arts and cultural events in downtown Fayetteville • Advocate for investing in Fayetteville's creative economy 2. In addition to the above services rendered to the City, FDP will continue to work towards implementing the larger philosophy and vision of the Downtown Master Plan with all downtown stakeholders. To this end, FDP will: • Achieve visible results that make a difference in our downtown • Build strong community partnerships Attract and retain volunteers Sustain credibility within the neighborhood and the community at large Promote active outreach to and involvement of all downtown stakeholders • Develop diversified funding sources for FDP and its various projects FDP services to downtown stakeholders may include, but are not limited to: Supporting downtown businesses • FDP will work with the various economic development groups to support economic development efforts within the Downtown Master Plan boundaries • Collect, coordinate and manage downtown specific information, including demographics, psychographics, existing business profiles, retail and business trends, available office and retail space and site configurations, traffic counts, and other information that supports business recruitment and retention Engaging downtown neighborhoods • Work with the Fayetteville Council of Neighborhoods as it pertains to issues that fall within the boundaries of the Downtown Master Plan • Partner with the five downtown neighborhood associations to facilitate input into all initiatives that effect downtown stakeholders • Support the goals of the City of Fayetteville's Neighborhood Program and provide assistance to the program's staff by promoting a higher resident participation in community groups/organizations Marketing the downtown experience • FDP will be responsible for establishing and implementing a banner policy and coordinate the installation of banners on downtown light poles and across Dickson Street • FDP will continue to develop strategic marketing opportunities for the downtown district that is consistent with the overall image campaign for the City of Fayetteville and the Advertising and Promotion Commission 3. FDP will provide written documentation and offer a verbal presentation to the Mayor and City Council during an agenda session two times a year in June and December to 2 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. If the City of Fayetteville requests an independent audit of FDP, then that audit must be requested at least one month prior to audit and at the City's expense. 5. For the purpose of this agreement, the primary liaison for the City will be Tim Conklin. The contact for City related services as identified in this contract will be the Executive Director of Fayetteville Downtown Partners. Communications pertaining to this agreement will be through the respective representatives 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 $90,000 to be paid semi- annually, with the first $45,000 payment March 1s` and the 2nd $45,000 payment September 1st 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. 3 IN WITNESS WHEREOF, City and consultant have causes this instrument to be signed by their respective duly authorized officers, .all on the day and year first above written. ATTEST: FAYETTEVILLE DOWNTOWN PARTNERS aeslelden, President ATTEST: CITYA FAYETTEVILLE �aa1mnnf4 ayor Dan Coo ; FAYETTEVILLE ; ,0; /V ti , IO'ON,,,, % 'o /Lp City of Fayetteville Staff Review Form City Council Agenda Items Contracts 17-Jan-06 / City Council Meeting Date Tim Conklin Planning & Development Mgmt. Operations Submitted By Division Department Action Required: Approval of a contract and bid waiver ordinance for Fayetteville Downtown Partners in the amount of $90,000 to provide services to the City of Fayetteville with regard to implementing the Downtown Master Plan. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 7 Previous Ordinance or Resolution # n/a I�L 01(3 00 S Original Contract Date: n/a Dep rtmen Director Date Original Contract Number: n/a Received in I Cllerrkk's fflce TED City Attorney Dae tIY Received in Mayor's MDate ayor 3 Comments: T"'a e evi le y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM : Tim Conklin, Director of Planning and Development Management DATE: December 30, 2005 SUBJECT: Approval of a Contract and Bid Waiver Ordinance for Fayetteville Downtown Partners in the Amount of $90,000 RECOMMENDATION Staff recommends approval of a contract and bid waiver ordinance for Fayetteville Downtown Partners in the amount of $90,000. This is the second year in a three year funding request for Fayetteville Downtown Partners. 2005 Budgeted $ 150,000 2006 Budgeted $ 90,000 2007 Proposed $ 40 000 Fayetteville Downtown Partners (FDP) is uniquely qualified and capable to perform the identified contractual services for the City of Fayetteville. Fayetteville Downtown Partners 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 2006 budget to contract with Fayetteville Downtown Partners. Downtown Partners has developed an interim business plan with the goal to become self sufficient within three years with reduced City funding over the next two years. Specifically, the 2006 scope of work includes: • Establish a Downtown Improvement District (DID) • Strengthen the infrastructure of Downtown Fayetteville • Create a cultural District in Downtown Fayetteville • Supporting Downtown Business • Engaging Downtown Neighborhoods • Marketing the Downtown Experience . BUDGETIMPACT The City Council reviewed this request for funding in the 2006 budget process as part of the non-profit funding requests and approved a line item in the adopted 2006 budget. The proposed funding is from the Wilson Springs Land Sale Proceeds. 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 $90,000.00 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 $90,000.00 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 17th day of January, 20Q6 ' APPR( VED: �r By: AN GOODY, Mayor ATTEST: ���r+'� By: SONDRA SMITFI, City Clerk t = i I ; D 0 m � O (nO --h N N N O O O O C O) (� (n < TI cn m W -4. (� D c < D m � �. inCD 0 (D LU CD < n CQ <. =0) �' < v, <_ CD s < ... m � (D CD' < N C (D „ (n o p r-F C) C cn 0 0 c NCD (QCD O N (n O fOir CD ' . CD CL C � (n r 77 N Q O O CD Q �uU v CD CD CD CD CD v �u MMI CD CD o T� v v m N Q' O_ O N (( �, W W a++ ffl 69 N Ol W N Ul O v 00 A O O O N O O O WV W O O O V O O O N O 00000 00 V O O O 00 O O O Ul City of Fayetteville to , 3, Staff Review Form City Council Agenda Items Contracts 17-Jan-06 City Council Meeting Date Tim Conklin Planning & Development Mgmt. Operations Submitted By Division Department Action Required : Approval of a contract and bid waiver ordinance for Fayetteville Downtown Partners in the amount of $90,000 to provide services to the City of Fayetteville with regard to implementing the Downtown Master Plan. Funding for this request is from the Wilson Springs sale proceeds. $90,000.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name 1010.6600.5734.00 n/a n/a Account Number Funds Used to Dale Program / Project Category Name n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item �X Budget Adjustment Attached Previous Ordinance or Resolution # n/a I' �p . Qrr b Original Contract Date: n/a Department erector Date Original Contract Number: n/a ✓�� `�/ (5 / 9 Received in City Clerk's Office City Attorne al Received in Mayor's Office Mayor Date Comments: 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 $90,000.00 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 $90,000.00 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. ' Section 2. That the funding for this request be from the Wilson-Spriprs sal proceeds. PASSED and APPROVED this 171hday of January, 2006. L d APPROVED: —� A1�TaCOODY, Mayor ATTEST: By: SONVRA RA SMITH, Citi Glerk J m c O N J N i y n N v ,o O N � J u O y O O w Z O m G 0 D m Z m 3 c D n 0 m J v O m m m o � o % C7 N J Q 2 v 0 0 (D < n m m o c 0 0 0 0 0 0 0 0 0 0 c � N i - 7 N o m N O � V O p m 0 N N 7 O n C U m V O s N W 01 C � J 3 a 0 # m o < c o d c x d m d m W p N O J d O V O m # Z O I x a a o m E 0 o m N o v m O O o N 0 0 x D m o O O # d N (f m n Z d_ T � X n N N z m O A m # 5. n m 0