HomeMy WebLinkAboutOrdinance 5208 ORDINANCE NO. 5208
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 $211 ,750.00 TO PROVIDE
PUBLIC RECREATION SERVICES FOR THE YOUTH AND CITIZENS OF
FAYETTEVILLE FOR 2009
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 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 approves a
contract between the City of Fayetteville, Arkansas and the Fayetteville Youth Center, Inc. in
amount of said contract marked Exhibit "A" is attached hereto and made a part hereof. ,. 0 0 Ito
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PASSED and APPROVED this 16 day of December, 2008. =�
FAYETTEVILLE '
APPROVED: ATTEST: :ti
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By: A4 By: , 2 44U;65
DAN COOD , Mayo SONDRA E. SMITH, City Clerk/Treasurer
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 to 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 $ 17,645 .83 monthly to the Fayetteville
Youth Center, Inc. throughout the year of 2009 in consideration of the following duties
and obligations to be performed by the Fayetteville Youth Center, Inc. :
A. The Fayetteville Youth Center, Inc. shall 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. shall make a 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, and made a part hereof.
CITY OF FAYETTEVILLE
BY:
*DAN COODY, Mayor
FAYETTEVILLE YOUTH CENTER, INC.
BY:
Title
ATTEST:
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BY:
Sondra Smith, City Clerk
: FAYETTEVILLE *
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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 shall 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
during the basketball seasons, after school programs and summer day camp
programs.
2. Parks and Recreation shall 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 shall be responsible for providing or approving the management, staffing
and promotions and development of the following programs and activities.
FYC shall coordinate with the Fayetteville School System for use of their
facilities. FYC shall be responsible for the majority of sports and activities
held at indoor recreation facilities, including but not limited to the following:
Basketball
- Baton
Camps
- Cheerleading
- Dance
- Fishing Rodeo
- Flag Football (Youth)
- Golf
- Gymnastics
Karate
Ping Pong
School Kids Connection
Swim Lessons
Volleyball
Tackle Football
Track
Special Events
Summer / School Break Programs
Educational Programs
Arts and Crafts
FYC shall not compete/duplicate with those services listed in paragraph 4,
unless agreed upon by the FYC Executive Director and the Parks and
Recreation Director.
4. Parks and Recreation shall be responsible for providing or approving the
management, staffing and promotion and development of the following
programs and activities. Parks and Recreation shall be responsible for the
majority of sports and activities held at outdoor recreation facilities, including
but not limited to the following:
0
Baseball
Softball
Flag Football (Adult)
Hobby Use Groups
Sand Volleyball
Soccer
- Special Events
Swim Lessons
Tennis
Youth Activity Camps
Richardson Center Activities
i. Arts and Crafts
ii. Educational Programs
iii. Summer / School Break Programs
iv. Internal Basketball Program for Adult YRCC Participants
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 offer programs which fall in the general
description of paragraph 5 above, which does not believe competes with
current Parks and Recreation program, FYC shall 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 31 " 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 shall 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 shall 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
City of Fayetteville on or before July 31 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 shall be submitted to the Parks and Recreation Director on
the following dates: April 15, July 15, October 15 , and January 15 (2010).
These reports will detail the following performance measures:
A. Provide a minimum of 30 open recreation hours per week at the
Donald W. Reynolds Boys and Girls club facilities.
B . Provide a minimum of 10 youth instructional/educational
programs.
C. Provide a minimum of three youth sports programs.
D. Provide a minimum of two free community-wide events at the
Donald W. Reynolds Boys and Girls club facilities.
E. Provide marketing materials to Fayetteville school children for
major sport programs.
F. Implement three customer service surveys for Boys and Girls Club
programs.
G. Apply for 10 grants/major corporate sponsorships to provide
additional funding to operate the Fayetteville Boys and Girls Club
facilities and programs.
H. Include Parks and Recreation logo to organizational web site and
acknowledge the City of Fayetteville on sponsor wall located in the
Donald W. Reynolds Boys and Girls Club.
14. The working procedures and responsibilities contained herein shall become
effective January 1 , 2009.
CITY OF FAYETTEVILLE
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BY:
FAYETI-EVILLE O Dan Coody, Mayor
Attest: 00 S' IA��ANS�
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BY:
Sondra Smith, City Clerk
FAYETTEVILLE YOUTH CENTER, INC.
BY:
Attest:
BY:
ry \
City of Fayetteville
Staff Review Form ap�
City Council Agenda Items
ContractsyLty" dil�2
16-Dec-08 /
City Council Meeting Date hC •
Connie Edmonsto 'r Parks and Recreation Operations
Submi d Division Department
Action Required:
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 $211 ,750 to provide public recreation
services and facilities for the youth and citizens of Fayetteville for 2009.
$64,000
$211 ,750.00 $ 147,750.00 Transfer to Boys and Girls Club
Cost of this request Category/Project Budget Program Category / Project Name
1010.6600.5718.00
2250.9250.5718.00 $ Parks Development Program
Account Number Funds Used to Date Program / Project Category Name
$64,000.00
n/a $ 147,750.00 Parks Development Program
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # 5101
Department Dir c o Date Original Contract Date:
Original Contract Number:
! l zS or
City Attorney
Received in ipt. s ffice
`Pn.Jg _ � . Q, 1 ( - 2s f I- tt1IV1 �[ncv9
Finance and Internal Service Director Date
Received in Mayor's Office EN
)OL
Mayor Date
Comments: Contingent upon City Council approval of 2009 proposed budget.
Boys and Girls Club
p. I of 2
City Council Meeting of December 16, 2008
CITY COUNCIL AGENDA MEMO
To: Mayor Coody and City Council
Thru : Gary Dumas, Director of Operations
From : Connie Edmto�,
ons�ri;'�'Parks and Recreation Director
Date: November 25 , 2008
Subject: An ordinance waiving the requirements of formal competitive bidding and
approving a contract between the City of Fayetteville and the Fayetteville Youth Center,
Inc., in the amount of $211 ,750 to provide public recreation services for the youth and
citizens of Fayetteville for 2009.
RECOMMENDATION
Fayetteville Parks and Recreation Staff recommends to approve the contract with
Fayetteville Youth Center to provide public recreation services for the citizens of
Fayetteville and waive competitive bid for services.
BACKGROUND
The City of Fayetteville has provided financial support for the Fayetteville Youth Center
since 1967. In 1999, the Parks and Recreation Staff and the Youth Center Staff re-
evaluated their operations to determine if each was 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 Fayetteville Youth
Center. 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
Youth Center was not providing recreational services for our youth as well as citizens,
the City of Fayetteville would need to assume the responsibility.
DISCUSSION
The 2009 budget includes a total of $211 ,750 to be transferred to the Fayetteville Youth
Center. Of this transfer, $ 147,750 is allocated from the Parks and Recreation Division,
Parks Development Program and $64,000 comes from the General Government
{ s
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
Fayetteville Youth Center 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 Fayetteville Youth Center has adequately served our citizens since it was
created.
The agreement for 2009 is similar to the 2008 agreement. This agreement constitutes the
same amount of funds as transferred in 2008. As stated before, each organization wants
to offer two distinctly different programs to our citizens. Although each organization
offers a variety of summer camps for our youth, staff from each organization works
together to provide a variety of topics and elements that best suit our citizens' needs.
BUDGETIMPACT
The 2009 budget includes a total of $211 ,750 for the transfer to the Fayetteville Youth
Center. The request is contingent upon City Council approval of the 2009 proposed
budget.
If you have any questions regarding the Agenda Request or the Working Agreement,
please call me at 444-3473, or email cedmonstonnci .favetteville.anus.
/ 1f
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 $2112750.00 TO PROVIDE PUBLIC
RECREATION SERNtICES FOR THE YOUTH AND CITIZENS OF
FAYETTEVILLE FOR 2009.
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 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 approves a contract between the City of Fayetteville, Arkansas and the Fayetteville Youth
Center, Inc. in the amount of $211 ,750.00 to provide public recreation services for the youth of Fayetteville for 2009. A
copy of said contract marked Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 16°h day of December, 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer