HomeMy WebLinkAboutOrdinance 4965 ORDINANCE NO, 4965
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A
CONTRACT FOR SERVICES WITH FAYETTEVILLE
DOWNTOWN PARTNERS IN THE AMOUNT OF $40,000.00 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 $40,000.00 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.
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PASSED and APPROVED this 19`h day of December, 2006. SG
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By: By:
DAN COODY, Mayor SONDRA SMITH, City Cler Treasurer
CITY OF FAYETTEVILLE
CONTRACT FOR SERVICES
This agreement is entered into on this j day of December, 2006, between the
City of Fayetteville and Fayetteville Downtown Partners, an Arkansas not-for-profit
corporation, hereinafter known as FDP. This contract is for services to be provided
during 2007. 1. . - - - -
Whereas, FDP and the City of Fayetteville recognize that gthe geographical region
defined within the Downtown Master Plan is undergoing significant change; and
Whereas, this change is creating challenges and opening opportunities for the
City, residents, businesses, landowners and developers; and
1.
Whereas, the City desires - to assist a partner that will work with the City to
maximize opportunities resulting from these challenges and changes; and
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; and
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 OF FAYETTEVILLE AND
FAYETTEVILLE DOWNTOWN PARTNERS AGREE TO THE FOLLOWING :
1 . Fayetteville Downtown Partners agrees to perform the following services for
the City of Fayetteville.
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, with specific initiatives including downtown parking and wayfinding;
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 vision.
Create a Cultural District in downtown Fayetteville
Provide staff support for Planning Commission, City Planning staff and the
City Council to establish the boundaries and define the services of the Cultural
Arts District.
1
• Research and develop appropriate policies, ordinances or codes that support
the services and/or 66[iiidaries associated ''with the Cultural Arts District;
• Promote and market arts and cultural events in downtown Fayetteville.
Manage downtown banner program
FDP will continue the banner policy to coordinate the installation of banners
on downtown light poles and across Dickson Street pursuant to the City's Sign
Ordinance.
Establish a Downtown Improvement District (DID)
• Collect signatures of property owners representing two-thirds (67%) of the
total assessed downtown property value;
• Request City Council approval for the creation of the DID;
Install the necessary structures to initiate the DID in 2007, with initial DID
funding beginning in 2008.
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.
Fayetteville Downtown Partners 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;
r
• 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.
2
Marketing lite downtown experience
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 .lune and
December to delineate accomplishments undertaken during the preceding period on the
services pursuant to this contract of services.
4. FDP will 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 the
Planning and Development Management Director. 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 $40,000 by January 15", 2007,
8. FDP will invoice the City for request for payment as stated in this contract
under Item 7.
In agreement with all terms and conditions set out above we sign below :
FAYETTEVILLE CITY OF
DOWNTOWN PARTNERS, INC. FAYETTEVILLE, ARKANSAS
B l B 00""'rr,n
DAN COO Y, Mayor Y
(Printed Name) ATTEST-
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-7YETTEVILLE
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BY: —q 5;
0/a- f _ SONDRA SMITH, ity lp��ANSGp`�� °�
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CITY ATTORNEY AGENDA REQUEST 1f91�S
FOR: COUNCIL MEETING OF DECEMBER 19, 2007
FROM:
KYLE COOK, ALDERMAN
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance Waiving The Requirements Of Formal Competitive Bidding And Approving A Contract
For Services With Fayetteville Downtown Partners In The Amount Of $40,000.00 To Assist In The
Implementation Of The Downtown Master Plan
APPROVED FOR AGENDA:
• Ky e Cook, Alderman Dae
I -L OC
ity Attorney Date
•
ORDINANCE NO,
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT FOR
SERVICES WfIT-I FAYETTEVILLE DOWNTOWN PARTNERS IN THE
AMOUNT OF $40,000.00 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 rervices
A such
circumstances constitute an exceptional situation where competitive bidding is not feasibl'yttirrical, and
waives the requirements of formal competitive bidding and hereby approve c" ttct fOr with
Fayetteville Downtown partners in the amount of$40,000.00 to assist m theatnplene t ono �7e Downtown
Master Plan. A copy of the contract for services is attached hereto mar ce E ibit " " and m er part hereof.
PASSED and APPROVED this 191h day of D e ber, 2006.
APPROVED: A EST:
By: By:
FOODY, IGI or Y ONbRA SMITH, City Clerk
• CITY OF FAYETTEVILLE
CONTRACT FOR SERVICES
This agreement is entered into on this day of December, 2006, between the
City of Fayetteville and Fayetteville Downtown Partners, an Arkansas not-for-profit
corporation, hereinafter known as FDP. This contract is for services to be provided
during 2007.
Whereas, FDP and the City of Fayetteville recognize that the geographical region
defined within the Downtown Master Plan is undergoing significant change; and
Whereas, this change is creating challenges and opening opportunities for the
City, residents, businesses, landowners and developers; and
Whereas, the City desires to assist a partner that will work with the City to
.maximize opportunities resulting from these challenges and changes; and
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; and
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 OF FAYETTEVILLE AND
FAYETTEVILLE DOWNTOWN PARTNERS AGREE TO THE FOLLOWING :
1 . Fayetteville Downtown Partners agrees to perform the following services for
the City of Fayetteville.
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, with specific initiatives including downtown parking and wayfinding;
• 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 vision.
Create a Cultural District in downtown Fayetteville
• Provide staff support for Planning Commission, City Planning staff and the
• City Councihto establish the boundaries and define the services of the Cultural
Arts District.
1
• Research and develop appropriate policies; ordinances or codes that support
the services and/or boundaries associated with the Cultural Arts District;
• Promote and market arts and cultural events in downtown Fayetteville.
Manage downtown banner program
• FDP will continue the banner policy to coordinate the installation of banners
on downtown light poles and across Dickson Street pursuant to the City's Sign
Ordinance.
Establish a Downtown Improvement District.(DID)
Collect signatures of property owners representing two-thirds (67%) of the
total assessed downtown property value;
Request City Council approval for the creation of the DID;
• Install the necessary structures to initiate the DID in 2007, with initial DID
funding beginning in 2008.
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.
• Fayetteville Downtown Partners 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.
•
2
Marketing the downtown experience
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 delineate accomplishments undertaken during the preceding period on the
services pursuant .to this contractof services.
4. FDP will 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 the
Planning and Development Management Director. 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 $20,000 by January 15`h, 2007 and the
remaining $20,000.00 by July 15, 2007.
8. FDP will invoice the City for requests for payments as stated in this contract
under Item 7.
In agreement with all terms and conditions set out above we sign below:
FAYETTEVILLE CITY OF
DOWNTOWN PARTNERS, INC, FAYETTEVILLE, ARKANSAS
By: By:
DAN COODY, Mayor
(Printed Name) ATTEST:
By:
• SONDRA SMITH, City Clerk
(Title)
3
Tayetrl
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'f'�G
DATE: December 12, 2006
SUBJECT: APPROVAL OF A CONTRACT AND BID WAIVER ORDINANCE .
FOR FAYETTEVILLE DOWNTOWN PARTNERS IN THE
AMOUNT OF $40,000 WITH PROPOSED FUNDING FROM THE
WILSON SPRINGS LAND SALE PROCEEDS
RECOMMENDATION
Staff recommends approval of a contract and bid waiver ordinance for Fayetteville
Downtown Partners in the amount of $40,000. This is the third year in a three-year
funding request for Fayetteville Downtown Partners.
2005 Budgeted $ 150,000 Completed
2006 Budgeted $ 90,000 Completed
• 2007 Proposed $ 40,000 Proposed
Total 1 $280,000 (Entire Three-Year Project)
Fayetteville Downtown Partners (FDP) is uniquely qualified and capable to perform the
identified contractual services for the City of Fayetteville. Fayetteville Downtown
Partner' s 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 has proposed a line item in the 2007 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 year. Specifically, the 2007 scope of work includes:
• Strengthen the infrastructure of Downtown Fayetteville
• Create a Cultural District in downtown Fayetteville
• ' Manage downtown banner program
• Establish a Downtown Improvement District (DID)
• BUDGET IMPACT
The City Council reviewed this request for funding in the 2007 budget process as part of
the non-profit funding requests and approved a line item in the proposed 2007 budget.
The proposed $40,000 funding is from the Wilson Springs Land Sale Proceeds.
FAYETTEVILLE DOWNTOWN PARTNERS
P.O. Box 3573 Fayetteville, Arkansas 72702 (479) 571 -3337
www.fayettevilledowntown.org www.fayettevillearts.org
• MEMORANDUM
TO: Fayetteville City Council
FR: Fayetteville Downtown Partners
RE: 2007 Contract for Services
DT: December 8, 2006
Fayetteville Downtown Partners is an innovative, independent, nonprofit entity whose unique
focus is the heat of our city — the 350 acres of downtown Fayetteville. By leading the continual
creation of the Fayetteville Downtown Experience, our organization provides the tools and
services needed to protect and enhance this vital area. We believe that it is possible to tackle our
infrastructure needs, build a diverse business environment, protect residential neighborhoods and
nurture a dynamic culture of arts and entertainment without compromising the spirit of
Fayetteville.
That belief has been built into everything our organization does. Whether we work to ensure
stakeholders have up-to-date and relevant information on downtown initiatives; support active
downtown neighborhood associations; provide resources to downtown investors and businesses;
or work with City staff and officials or individual citizens, Fayetteville Downtown Partners is a
group of citizens that care deeply about our community.
Since our inception in early 2005, a portion of our funding has come from a contract-for-services
• with the City of Fayetteville. Fayetteville Downtown Partners has worked hard to deliver on each
contract and hopes we have gained your trust. Our organization looks forward to continuing to
provide our unique resources to the benefit of the City and all downtown stakeholders.
Please let us know if you have any questions regarding our past contracts or the services outlined
in the 2007 contract.
• INNOVATION CULTURE SUCCESS CREATIVITY DIVERSITY HERITAGE COMMUNITY HISTORY
OPPORTUNITY
FAYETTEVILLE DOWNTOWN PARTNERS
• Fayetteville Downtown Partners is committed to providing opportunities for all downtown
stakeholders to have a voice in our organization. Our Board of Directors reflects this philosophy.
2006 Board of Directors
President - Steve Davis, Fineberg and Associates
Vice President - Daniel Keeley, DK Designs
Treasurer - Brandon Karn, Jammin ' Java
Secretary - Jill Anthes, University of Arkansas Planning Department
Brittany Adair, Romance Diamond Company Jewelers
Jeannette Balleza, Scribe Marketing
Cathy Bass, Highroller Cyclery
Bob Christiansen, Certified Public Accountant
Jeff Collins, UA Centerfor Business and Economic Research
Greg House, Houses, Inc.
Cindy Kalke, Transplace
Tim Klinger, Historic Preservation Associates, LLC
Sarah Lewis, University of Arkansas student
Tom Overbey, Overbey, Graham, Sirigel & Westbrook, PLC
John Pearson, Brewski 's Draft Emporium
Chrissy Sanderson, Bordinos Restaurant
Helena Gadison, EMW Enterprises, Inc.
Robert Baker, Edward Jones Investments
Ron Woodruf, WoodrufLaw Firm
• Ex-Officio Members
Chamber of Commerce - Bill Ramsey, CEO
City Council
City Plaiming Department - Tim Conklin, Director of Long Range Planning
Fayetteville Convention and Visitors Bureau - Allyson Twiggs, Executive Director
Fayetteville Council of Neighborhoods — Mark
Fayetteville Economic Development Council - Steve Rust, CEO
Fayetteville Public Library - Louise Schaper, Executive Director
Office of the Mayor - Dan Coady, Mayor
University of Arkansas - Mike Johnson, Associate Vice Chancellorfor Facilities
Walton Ails Center - Tern Trotter, Vice President ofExiernal Affairs
Past Presidents — Sharon Hoover, Leslie Belden
Staff
Daniel Hintz, Executive Director
Doug Walsh, Project Manager
s