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HomeMy WebLinkAboutOrdinance 5209 ORDINANCE NO, 5209 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE NORTHWEST ARKANSAS ECONOMIC DEVELOPMENT DISTRICT IN THE AMOUNT OF $55,000.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE SENIOR CITIZENS OF FAYETTEVILLE FOR 2009. WHEREAS, providing quality recreational opportunities to the senior citizens of our community is of mutual interest to the City of Fayetteville and the Northwest Arkansas Economic Development District, and; WHEREAS, the Northwest Arkansas Economic Development District is uniquely qualified to provide the continuity of services vital to the efficient provision of recreational opportunities to the senior citizens of Fayetteville, and; WHEREAS, were it not for the services offered by the Northwest Arkansas Economic Development District, the City of Fayetteville would be required to assume the duty of providing staff, programming, promotion, and development for senior citizen recreational services. 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 waives the requirements of formal competitive bidding and approves a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$55,000.00 to provide public recreation services for the senior citizens of Fayetteville for 2009. A copy of said contract marked Exhibit "A" is attached hereto and made a part hereof. ��•���FtKJTR�S°'�. PASSED and APPROVED this 16'h day of December, 2008. :�G.•&S Y 0 ,Gp ; U • APPROVED: ATTEST: _ ; FAYETTEVILLE °' y: y: 96WANSP ,)t% B B r'' � 6 6 t2N G�`N� T °`air+iiyNtN�`" DAN COODY, Mayor $ONDRA E. SMITH, City Clerk/Treasurer CONTRACT Between The City of Fayetteville and the Northwest Arkansas Economic Development District (NWAEDD) WHEREAS, the Northwest Arkansas Economic Development District (NWAEDD) is uniquely qualified to provide the full range of public recreation opportunities to the senior citizens of Fayetteville; and, WHEREAS, it is in the best interest of the City of Fayetteville and its citizens to provide operating, promotion and development revenues to the NWAEDD in consideration for the substantial recreational programs provided by the NWAEDD to the senior citizens of Fayetteville. NOW, THEREFORE, IT IS AGREED: The City of Fayetteville shall provide the sum of $4,583 .33 monthly to the NWAEDD throughout the year of 2009 in consideration of the following duties and obligations to be preformed by the NWAEDD: A. The NWAEDD shall be responsible for providing staff, programming, promotion, and development for the Hillcrest Towers and Walker Park Community Centers. NWAEDD agrees to use funding from the City to pay for the promotion and development of recreational programs designed specifically for senior citizens. B. NWAEDD shall make substantial portions of its programs or facilities available to Fayetteville citizens (the public) at little or no cost for the needy senior citizens. NWAEDD shall report on a quarterly basis the approximate number of Fayetteville citizens served by its programs. C. The NWAEDD shall follow the general Working Procedures and Responsibilities for the City of Fayetteville Parks and Recreation Division and the NWAEDD which is attached as Exhibit A, and is made a part hereof, as if set forth word for word in its entirety. City of Fayetteville, Arkansas Northwest Arkansas Economic Development District By: By: DAN COODY, Mayor J , Mi n 1 No , Executive Director ATTEST: Witness: By: t B . .4e ; SMITH, City Clerk Ka Curtis ,�`�G • • QTY p SGS'% V• : G F•• �p00 Director Senior Services Title OFAYETTEVILLE ; -9s 6 0 4 6 %,'yi . o EXHIBIT A RECREATION IN FAYETTEVILLE WORKING PROCEDURES AND RESPONSIBILITIES FOR THE CITY OF FAYETTEVILLE PARKS AND RECREATION DIVISION AND THE NORTHWEST ARKANSAS ECONOMIC DEVELOPMENT DISTRICT This agreement is made and entered into between the City of Fayetteville Parks and Recreation Division (Parks and Recreation) and the Northwest Arkansas Economic Development District (hereinafter referred to as NWAEDD). 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 Parks and Recreation Director and the Executive Director of the NWAEDD; 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, WHEREAS, increased 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 NWAEDD 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 NWAEDD, the following set of detailed operating procedures and responsibilities are hereby established. 1 . NWAEDD shall be responsible for providing staffing, programming, promotion and development of recreational programs for senior citizens which includes, but not limited to, recreational trips, arts and crafts, music and games. 2. Parks and Recreation shall be responsible for providing or approving the staffing, programming, maintenance, promotion and development of the parks system within the city and the recreational events occurring within the city for all ages. 3. The NWAEDD Executive Director and Parks and Recreation Director shall have periodic meetings to ensure communication between the two entities. 4. It is understood and agreed that the City's annual purchase of services will be negotiated on a yearly basis. 5. The NWAEDD Board of Directors is responsible for the management and operation of annual funding allocation to NWAEDD from the City of Fayetteville and shall have the responsibility for prioritizing the use of such funds. However, 60 percent of the funding shall be expended for promotion and development of recreation. 6. NWAEDD shall schedule a meeting and submit an annual financial report to the Parks and Recreation Director no more than thirty (30) days after the end of the NWAEDD fiscal year, which ends on June 30, 2009. Such report shall detail NWAEDD's use of the City of Fayetteville's funding allocation and accomplishment of performance measures as stated in number eight (8). 7. NWAEDD shall comply with the schedules and procedures established by the Budget & Research Division of the City of Fayetteville for annual funding requests. 8. Quarterly reports shall be submitted to the Parks and Recreation Director on, or before, the following dates: April 15, July 15, October 15, and January 15 (2010). These reports shall detail the following performance measures: A. Operation of a full service senior center at both the Walker Park (Fayetteville Senior Center) and Hillcrest Towers locations to include socialization (recreation) by hosting daily social activities such as bingo, table games, exercise classes, and wellness programs. During the course of the year, an estimated 215 elderly citizens will participate at the two locations. B. Recreation opportunities at both locations will continue to provide such wellness recreational activities as PEPPI, Strong Women program, Tai Chi, and formal exercise classes on a weekly basis. Dances and music activities will be provided monthly at the Walker Park location. C. Both the Walker Park (Fayetteville Senior Center) and Hillcrest Tower locations will seek partnerships with outside organizations or community groups to assist in a variety of recreation programs and wellness classes. D. Transportation will be provided at both the Walker Park (Fayetteville Senior Center) and Hillcrest Towers for recreational trips such as competing in Bean Bag Baseball at other senior centers, attending the annual Senior Games, participating in events held at the Jones Center, etc. 9. The working procedures and responsibilities contained herein shall become effective January 1 , 2009. 10. NWAEDD shall acknowledge the City of Fayetteville's contribution on general marketing flyers, brochures and other general marketing materials. City of Fayetteville Staff Review Form City Council Agenda Items Seo and Contracts, Leases or Agreements N/r�, jf��yi5a5 12116/2008 �/n0 City Council Meeting DatetJ,el� rAgenda Items Only Connie Edmonston�k Parks and Recreation Operations Submitted By 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 Northwest Arkansas Economic Development District in the amount of $55,000 to provide public recreation services for senior citizens of Fayetteville for 2009. 25,000.00 $55,00.0 $ 30,000.00 Transfer to Council on Aging - Cost of this request Category / Project Budget Program Category / Project Name 1010.6600.5718.01 2250.9250.5718.01_ _ $ Parks Development Program Account Number Funds Used to Date Program / Project Category Name $ 55,000.00 Parks Develoment . Project Number Remaining Balance Fund Name Budgeted Item ©x Budget Adjustment Attached Previous Ordinance or Resolution # 5100 Department Die Date Original Contract Date: / / Original Contract Number: City Attorney Dat Received in City Clerk's Office Y�1 Q 1d�cX^ 1 I r 25 -a 8 Finance and Internal Service Director Date QE1Received in Ma or's Office � � ; y Mayor Date Comments: Contingent upon City Council approval of the 2009 proposed budget. NWAEDD p. 1 oft 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 Edmonston, Director of Parks and Recre tion ' 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 Northwest Arkansas Economic Development District, in the amount of $55 ,000 to provide public recreation services for the citizens of Fayetteville for 2009. RECOMMENDATION Fayetteville Parks and Recreation Staff recommends to approve the contract with Northwest Arkansas Economic Development District (NWAEDD) to provide public recreation services for the citizens of Fayetteville and waive competitive bid for services. BACKGROUND In 1972, The City of Fayetteville begin providing financial support for the Council on Aging, Inc., to provide recreation services to senior citizens at the Hillcrest Towers and the Fayetteville Senior Center. This was the beginning of a very successful agreement that continued until the NWAEDD assumed the responsibilities of the Council on Aging in 2005. The NWAEDD provides recreational programs, meeting the needs of our senior citizen residents at the Hillcrest Tower and the Fayetteville Senior Center. It is the intent of both parties to work in cooperation to enhance the recreation facilities and program in our City, while not duplicating services in efforts to spend taxpayers' money as effectively as possible. If the NWAEDD were not serving out senior citizen population, the City would need to assume responsibility. DISCUSSION The 2009 budget includes a total of $55,000 to be transferred to the NWAEDD. Of this transfer, $30,000 comes from the Parks and Recreation Division, Parks Development Program and $25,000 comes from the General Government 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 NWAEDD 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 NWAEDD has adequately served our citizens for the past two years. BUDGETIMPACT The 2009 budget includes a total of $55,000 for the transfer to the NWAEDD. This is the same amount provided in 2008 . This 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 cedmonstonna,ci.fayetteville.ar.us. ORDINANCE NO, AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE NORTHWEST ARKANSAS ECONOMIC DEVELOPMENT DISTRICT IN THE AMOUNT OF $55,000.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE SENIOR CITIZENS OF FAYETTEVILLE FOR 2009. WHEREAS, providing quality recreational opportunities to the senior citizens of our community is of mutual interest to the City of Fayetteville and the Northwest Arkansas Economic Development District, and; WHEREAS, the Northwest Arkansas Economic Development District is uniquely qualified to provide the continuity of services vital to the efficient provision of recreational opportunities to the senior citizens of Fayetteville, and; WHEREAS, were it not for the services offered by the Northwest Arkansas Economic Development District, the City of Fayetteville would be required to assume the duty of providing staff, programming, promotion, and development for senior citizen recreational services. 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 waives the requirements of formal competitive bidding and approves a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$55,000.00 to provide public recreation services for the senior citizens 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, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer % 9 � ) ( 77 - � : kmn 3 D | | 0 k } CD | [ MO § - . � ! § » \ \ } \ § \ \ \ \ LCD ; o F = E k / k ' ( k _ - f $ U C E { ( \ } / ƒ ( ( E ( : ; I ( _ ® [ ! } : ) ) . . Page 1 of 1 Clarice Pearman - Ord. 5209 From: Clarice Pearman To: Edmonston, Connie Date: 12. 19.08 5: 17 PM Subject: Ord. 5209 CC: Audit; Vice, Peggy Attachments: Audit; Vice, Peggy Connie: Attached is a copy of the above ordinance passed by City Council regarding the services provided by NWAEDD. I am forwarding to Purchasing your purchase requisition. I am also forwarding to you two of three signed agreements. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice file:HC :\Documents%20and%20Settings\cpearman.000\Local%20 S ettings\Temp\XPgrpwise\494BD732F... 12. 19.08 City of Fayetteville Staff Review Form City Council Agenda Items C/7 or Contracts /111AIGt� Db N/A City Council Meeting Date l Connie Edmonston Parks and Recreation Operations Submitted By Division Department Action Required: The Walker Park Senior Adult Center lease agreement with the Area Agency on Aging of NW Arkansas allows for the building to be sublet if written consent of the City is obtained. The Area Agency on Aging is requesting to sublease the building to the NW Arkansas Economic Development District who would be responsible for conducting recreation services for senior citizens. This requires a written consent by the Mayor. N/A 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 Previous Ordinance or Resolution # Ord 5209 Res 246-08 Departmen Director Date Original Contract Date: Original Contract Number: City Attorney Received in City Clerk's Off iciFp 11/ 31 Joe Finance and Internal Service Director Date Received in Mayor's Office / F ) Mayor Date �� FAYETTEVILLE Iji. . Fayetteville Parks and Recreation 1455 Happy Hollow Fayetteville AR 72701 (479) 444-3471 TO: Mayor THRU: Gary Dumas, Director of Operations FROM: Connie Edmonston, Parks and Recreation Director 61 . DATE: January 30, 2008 Recommendation: The Walker Park Senior Adult Center lease agreement with the Area Agency on Aging of NW Arkansas allows for the building to be sublet if written consent of the City is obtained. The Area Agency on Aging is requesting to sublease the building to the NW Arkansas Economic Development District who would be responsible for conducting recreation services for senior citizens. This requires a written consent by the Mayor. Background: At the December 16th 2008 meeting, City Council approved to lease the Walker Park Senior Adult Center to the Area Agency on Aging of NW Arkansas for the purpose of operating a Senior Citizens Center to consist of services such as nutrition, recreation, health and wellness programs, crafts, case management, and services for Senior Adults. (Resolution 246-08) This lease is for the calendar year of 2009 and may be automatically renewed for a term of five years thereafter if mutually agreed on by both parties. The Area Agency on Aging contracts with the Northwest Arkansas Economic Development District (NWAEDD) as the provider of senior center services for Washington County. The Area Agency on Aging is requesting to sublease the Walker Park Senior Adult Center to the NWAEDD to provide the recreational services for senior adults for the 2009 calendar year as well as the additional five years if mutually agreed by the City and the Area Agency on Aging. Provision number 7 in the lease agreement allows for the Area Agency on Aging to sublet the leased premises if a written consent is approved by the Mayor. Letters from Brad Bailey, Director of Finance of the Area Agency on Aging and Jerry Mitchell, Executive Director of the Area Agency on Aging were received to request permission to sublease. 113 WEST MOUNTAIN 72701 479.444.3471 FAX 479.621.7714 The City Council also approved at the December 16`h meeting a contract with the NWAEDD to recreational programs for the senior citizens at the Hillcrest Towers and Walker Park Community Center for a sum of $55,000 in 2009. (Ordinance 5209) The Mayor signing permission for the Area Agency on Aging to sublease to the NWAEDD would allow NWAEDD to fulfill their contract with the City as stated above. Budget Impact: None. If you should have questions, please call me at 444-3473 or email cedmonston@ci.fayetteville.ar.us 2 (12%30/2008) Connie Edmonston - Senior Center Lease Page 1 From: "Brad Bailey" <bbailey@aaanwar.org> To:<cedmonston@ci.fayetteville.ar.us> Date: 12/30/2008 1:19 PM Subject: Senior Center Lease The Area Agency of Aging is requesting to sublease the Walker Parks Senior Adult Center to the NWAEDD for the 2009 calendar year as well as the additional five year term provided in the lease if mutually agreed on by the City and the Area Agency on Aging. Brad Bailey Director of Finance Area Agency on Aging of Northwest Arkansas (870) 741-1144 Fax (870) 741-6214 PROTECTED HEALTH INFORMATION NOTICE PRIVACY WARNING Confidentiality Notice: The information contained in this email message and any attachment(s) is the property of Area Agency on Aging of Northwest Arkansas and may be protected by state and federal laws governing disclosure of private information. It is intended solely for the use of the entity to whom this email is addressed. If you are not the intended recipient, you are hereby notified that reading, copying, or distributing this transmission is STRICTLY PROHIBITED. The sender has not waived any applicable privileges by sending the accompanying transmission. If you have received this transmission in error, please notify the sender by return email and delete the message and attachment(s) from your system. AREA AGENCY ON AGING OF NORTHWEST With support from the Area Agency on Aging Foundation 1510 Rock Springs Road P.O. Box 1795 Harrison, Arkansas 72602-1795 Jerry L. December 19, 2008 Connie Edmonston Parks and Recreation Director City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Connie: Thank you for working with us to complete the lease i The Area Agency on Aging of Northwest Arkansas di senior activity centers for the seniors in Washington ( contractual arrangement with the Northwest Arkansas provide the direct services to the seniors in the senior Fayetteville. This is to officially notify you as required in item num the City of Fayetteville that we will need to sub -lease 1 building to the Northwest Arkansas Economic Develo permission from the City of Fayetteville to sub -lease t building to the Northwest Economic Development Dis' of the sub -lease once it has been executed if you woul Please contact me or Brad Bailey at this office if you Sincerely, g ry�t1 ,'itchell Executive Director Executive Director (870) 741-1144 1-800-432-9721 Fax: (870) 741-6214 TDD: (870) 741-1346 the Fayetteville Senior Center. i not do direct services in our inty. We instead have a conomic Development District to tivity centers, which includes er 7 in our lease agreement with e Fayetteville Senior Center rnent District. We are requesting Fayetteville Senior Center ict. We will furnish you a copy like to have it. additional information. we area private, non-profit agency in compliance with titles Vi and VII of the CM/Rights Act committed to the non discriminatory deliveryof services and an Affirmative Action Equal Opportunity Employer. ORDINANCE NO. 5209 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE NORTHWEST ARKANSAS ECONOMIC DEVELOPMENT DISTRICT IN THE AMOUNT OF $55,000.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE SENIOR CITIZENS OF FAYETTEVILLE FOR 2009. WHEREAS, providing quality recreational opportunities to the senior citizens of our community is of mutual interest to the City of Fayetteville and the Northwest Arkansas Economic Development District, and; WHEREAS, the Northwest Arkansas Economic Development District is uniquely qualified to provide the continuity of services vital to the efficient provision of recreational opportunities to the senior citizens of Fayetteville, and; WHEREAS, were it not for the services offered by the Northwest Arkansas Economic Development District, the City of Fayetteville would be required to assume the duty of providing staff, programming, promotion, and development for senior citizen recreational services. 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 waives the requirements of formal competitive bidding and approves a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$55,000.00 to provide public recreation services for the senior citizens of Fayetteville for 2009. A copy of said contract marked Exhibit"A" is attached hereto and made a part hereof. ". �j PASSED and APPROVED this 16th day of December, 2008. APPROVED: ATTEST: ' ltAYETTEVILLE: By: & _ DAN COODY, Mayor By: E. SMITH, City Clerk/Treasurer RESOLUTION NO. 246-08 A RESOLUTION APPROVING A LEASE AGREEMENT WITH THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS FOR THE LEASE OF THE WALKER PARK SENIOR ADULT CENTER LOCATED AT 945 S. COLLEGE AVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Lease Agreement with Area Agency on Aging of Northwest Arkansas for the lease of the Walker Park Senior Adult Center located at 945 S. College Avenue. A copy of the Lease Agreement, marked Exhibit "A," is attached hereto and made a pan herrnf PASSED and APPROVED this 16a' day of APPROVED: By: All By: a..:ayui 'a- /: tla Sf\.'a,T\.aV. .J..... r.yr.r.n..nn...un ... - .• YVJ:.: .......r... .. . .. .w..r..• .. ...... I LEASE This Agreement, made and entered into the jj4jday of j► r 20, by and between the City of Fayetteville and the Area Agency on Aging of Northwest Arkansas, WITNESSETH: Leased Premises. For and in consideration of the rents, covenants, and agreements herein entered into and agreed upon by the Area Agency on Aging of Northwest Arkansas as obligations to the City of Fayetteville, the City of Fayetteville lets, leases, and "demises unto Area Agency on Aging of Northwest Arkansas, subject to the terms and conditions `contained herein, the following described property situated in Fayetteville, Arkansas, located at 945 South College, Fayetteville, Arkansas. To have and to hold said premises unto the said Area Agency on Aging of Northwest Arkansas for and during the term herein stated, subject to the covenants, terms, conditions, and liens herein contained. 2. Term. This Lease shall commence on January 1.2009 through December 31, 2009. The Lease may be automatically renewed for a term of five (5) years thereafter if mutually agreed on by both parties. 3. Rent. Area Agency on Aging of Northwest Arkansas agrees to pay to City of Fayetteville as rental for the full term of this Lease the sum of $1.00 per year, to be paid in advance on the first day of January of 2009 and on the first day of each and every year thereafter during the term of this Lease. 4. Signs. Area Agency on Aging of Northwest Arkansas agrees not to utilize any form of advertising that may be deemed objectionable to City of Fayetteville or to the general public, including, but not limited, to loudspeakers, phonograph or related electronic equipment, radios, or projected sound outside of the leased premises. 5. Repairs. Area Agency on Aging of Northwest Arkansas shall maintain the structure, parking lot, driveways, and roads in a reasonable state of repair and shall make such repairs as may be required to keep and maintain the grounds in a good and tenantable condition. Area Agency on Aging of Northwest Arkansas shall keep the interior of the building, including interior walls, floors and doors, wiring, plumbing, window and door glass in good repair, roof repair, all at Area Agency on Aging of Northwest Arkansas's expense. Area Agency on Aging of Northwest Arkansas shall, at the termination, surrender, or forfeiture of this Lease, return said premises with the interior, including all of the above items, in as good and satisfactory condition .as the same was at the beginning of Lease, normal wear and tear excepted. Area Agency on Aging of Northwest Arkansas shall be permitted to make alterations, additions or improvements upon or to the leased premises, provided that any such alterations, additions or improvements will be and remain a part of the leased premises at the expiration of this lease and thereupon become the property of the City of Fayetteville. No construction or renovation will be undertaken without the expressed written approval and consent of City of Fayetteville. y..a...; ai 'l vxc wnv..:.=.0 •`,': a .... ..` a. .pat. .... �. a a ... . The City of Fayetteville Parks and Recreation Division will provide snow removal on the parking lot and the Building Services Division will maintain the air and heating services as part of this agreement. Capital items for the Walker Park Senior Citizen Center building over $10,000 must be submitted to the City of Fayetteville Parks and Recreation Division by June 1 of each in order to be considered for the following year by the City Council. 6. Use. Area Agency on Aging of Northwest Arkansas agrees to use the lease premises for the purpose of operating a Senior Citizens Center and for no other purpose or purposes without the written consent of City of Fayetteville having been obtained in advance. Area Agency on Aging of Northwest Arkansas shall not use, nor permit the demised premises to be used, for any purpose or purposes other than those expressed herein. Normal usage of the Walker Park Senior Citizens Center would consist of services such as nutrition, recreation, health and wellness programs, crafts, case management, and services for Senior Adults. Use of the premises for special events such as scheduled meetings of community groups, reunions, receptions, etc., will be considered a normal use of the Walker Park Senior Citizens Center and will not be considered a violation of this Paragraph or of Paragraph 7 below. Area Agency on Aging of Northwest Arkansas is allowed to charge a user fee for events and programs. The City of Fayetteville will be allowed to schedule and utilize the Walker Park Senior Citizens Center to conduct public meetings or staff meetings. Should the property cease to be utilized as a Senior Citizens Center, this Lease shall become null and void and all improvements on said property shall inure to City of Fayetteville pursuant to Paragraph 2 hereinabove. 7. Assignment. Area Agency on Aging of Northwest Arkansas shall not assign this Lease or sublet the leased premises without prior written consent of the City of Fayetteville. Any such assignment or subletting shall in no way relieve Area Agency on Aging of Northwest Arkansas from liability for the obligation imposed by this Lease. Area Agency on Aging of Northwest Arkansas may only be released from liability by a specific written release executed by City of Fayetteville. It is understood by the City of Fayetteville that the Area Agency on Aging of Northwest Arkansas subcontracts with an Aging Services Provider to operate the senior programs in the center. This subcontract arrangement does not constitute assignment of the Lease :for the purposes of this document. 8. Insurance. The City of Fayetteville hereby agrees to cause an insurance policy to be purchased protecting the premises from fire, windstorm, hail and extended coverage, vandalism, malicious mischief, and burglary insurance to cover damage to the building or the premises, said insurance is to be written by a responsible insurance company authorized to do business within the State of Arkansas in an amount equal to not less than the replacement value -of the premises and to furnish City of Fayetteville with proof thereof. Such policy of insurance shall provide protection against, loss so insured against for the benefit of City of Fayetteville and Area Agency on Aging of Northwest Arkansas as their interests may appear. If the building 'constructed on the premises is damaged or destroyed Area Agency on Aging of Northwest Arkansas agrees to rebuild the premises in as good a condition as it was prior to the damage or destruction. 9. Insurance on Area Agency on Aging of Northwest Arkansas's Property. Area Agency on Aging of Northwest Arkansas shall be solely responsible for maintaining insurance on its property, including, but not limited to, movables, trade fixtures installed by Area Agency on Aging of Northwest Arkansas, furniture, furnishings, and inventory. The City of Fayetteville will provide building insurance for the Walker Park Senior Citizens Center. 10. Liability Insurance. Area Agency on Aging of Northwest Arkansas shall, during the term of this Lease, maintain public liability insurance on the leased premises and on the business operated by the Area Agency on Aging of Northwest Arkansas or any sub -tenant occupying the leased premises. The limits of such public liability insurance shall not be less than $300,000.00 per each occurrence for bodily injury liability, with a $1,000,000.00 aggregate. Such policy shall contain a clause that the insurer will not cancel or change the insurance without giving City of Fayetteville, its successors or assigns, ten (10) days' prior written notice; and a certificate of such insurance shall be delivered to City of Fayetteville prior to the inception of this Lease. 11. Taxes. City of Fayetteville agrees to pay in full or cause to be paid in full all ad valorem property taxes levied and other taxes and assessments payable upon the leased premises. However, Area Agency on Aging of Northwest Arkansas agrees to pay all taxes levied against any furniture, fixtures or other personal property used in or on the premises by Area Agency on Aging of Northwest Arkansas on sub -leases of Area Agency on Aging of Northwest Arkansas. 12. Utility Bills. Area Agency on Aging of Northwest Arkansas agrees to pay all utility bills, including electricity, gas, water, sewer, telephone and trash pick up assessed against the premises throughout the term of this lease and any other expense incidental to the Area Agency on Aging of Northwest Arkansas's occupancy of the leased premises. 13. Compliance with Laws. Area Agency on Aging of Northwest Arkansas agrees not to violate any law, ordinance, rule or regulation of any governmental authority having jurisdiction of the leased premises. 14. Trash. All trash and refuse deposited outside the building must be placed in sufficient receptacles furnished by Area Agency on Aging of Northwest Arkansas and approved by the Sanitation Service for the City of Fayetteville. 15. General Maintenance. Area Agency on Aging of Northwest Arkansas agrees to provide general daily maintenance and upkeep of facility, i.e., cleaning of floors, kitchen area, offices, restrooms, dining area, craft room and windows. 16. Title and Quiet Enjoyment: City of Fayetteville covenants and warrants that it is • the owner in fee simple absolute of the leased premises and may lease said premises as herein provided. Upon payment by Area Agency on Aging of Northwest Arkansas of the rents herein provided and upon the observance and performance of all the covenants, terms, and conditions upon Area Agency on Aging of Northwest Arkansas's part to• be observed and performed, Area Agency on Aging of Northwest Arkansas shall peaceable and quietly hold and enjoy the demised premises for the term.hereby demised without hindrance or interruption by City of Fayetteville, subject to the terms and conditions of this Lease. n.:..l.\'. • .... �.�. ...:L"i. v::. \ ..:� IL:.I. .. .. '.....[ ............. ... G ( C... .. . .I .::j' . ♦ ........ �. ...G �.�: .. .... \ .. 1:._) 17. Succession. This Lease Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 18. Waste. Area Agency on Aging of Northwest Arkansas agrees not to commit waste, nor permit waste to result or to be done to or upon the aforesaid property and premises; not to conduct any business thereon or therein, nor store or permit to be stored thereon or therein any explosives, combustible substances or materials of any nature, which would increase the fire hazard or cause a premium to be charged for insurance higher than that charged for the present use of said property; and not to operate, nor permit to be operated, nor to exist hereon or therein, any public or private nuisance. 19. Severability. Each paragraph of this Lease Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 20. Intemretation. This Lease Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 21. Entire Agreement. This Lease Agreement contains the entire agreement of both parties hereto, and no other oral or written agreement shall be binding on the parties hereto. This Lease Agreement supersedes all prior agreements, contracts, and understandings of any kind between the parties relating to the subject matter hereof. This Agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. WITNESS OUR HANDS this Jjj94 day of D,z(r , 2008. xecutive Director, Area Agency on Aging of NW Arkansas By: Mayor City of Fayetteville, y: Sondra E. Smith City Clerk/Treasurer _�,.��G� •�Ty'OF.S(G' City of Fayetteville, Arkansas £� o • ;FAYETIEVILLE; 5 ACKNOWLEDGMENT STATE OF ARKANSAS) SS: COUNTY OF WASHINGTON) On this day, personally appeared before me l for the Walker Park Senior Citizens Center, known to me to a the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. WITNESS my hand and official seal this 1 y of _______day � 0 pRiflEv ,200 y My commission expires: 7_s-ol L DONNA PLUMLEE Notary Public NOTARY PUBLIC -STATE OF ARKANSAS BOONE COUNTY My Commission Expires 7.5.2014 ACKNOWLEDGMENT STATE OF ARKANSAS) )SS: COUNTY OF On this day, personally appeared before me D4Il ecc�j Mayor, City of Fayetteville, Arkansas, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. WITNESS my hand and official seal this /Q day of ,(Ap n p o r 20. My commission expires: ���stori��, o'er+��' Notary Public 7a t%OTA&t.V : 2 S :�n.pVBLIC _ :Q Slfevlle THE CITY OF FAYETTEVILLE, ARKANSAS December 31, 2008 Area Agency on Agency Jerry Mitchell, Executive Director P.O. Box 1795 Harrison, AR 72602-1795 Dear Jerry, Pursuant to Item #7 of the lease agreement with the Area Agency on Aging of Northwest Arkansas, the City of Fayetteville consents to allow Area Agency on Aging to sub -lease the Walker Park Senior Adult Center property to the Northwest Arkansas Economic Development District to provide recreational services for senior adults for the 2009 calendar year as well as an additional five years if mutually agreed upon by the City and Area Agency on Aging. Sincerely, an Coody Mayor 113 WEST MOUNTAIN 72701 479.576.9330 FAX 479.676.9257 U! Page 1ofI Clarice Pearman - Area Agency on Aging From: Clarice Pearman To: Edmonston, Connie Date: 12.31.08 3:29 PM Subject: Area Agency on Aging CC: Audit Attachments: Audit Connie: Attached is a copy of the staff review item for the above referenced entity. Please let me know if there is anything else needed for this item. Happy New Year! Clarice file Temp\XPgrpwise1495B8FCFF... 12.31.08