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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. ` 110111nnrrrr TR ° QTY '% PASSED and APPROVED this 19`h day of December, 2006. SG ,��G.°p� oS 0 =� • 3 =U • ; FAYETTEVILLE • APPROVED: ATTEST: 0 :A� Do:;9s•9QkAN 'N J �'n;;vGTON c 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- ; FA -7YETTEVILLE ` • �` BY: —q 5; 0/a- f _ SONDRA SMITH, ity lp��ANSGp`�� °� (Title) lt�`%uumu o a�`• 3 s ' I / Z/ � Rl�� 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