HomeMy WebLinkAboutOrdinance 5410 ORDINANCE NO. 5410
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AWARD A
CONTRACT FOR PARKING SERVICE IN 2011 TO THE WALTON ARTS
CENTER COUNCIL, INC. IN THE AMOUNT OF $39,000.00
WHEREAS, the Walton Arts Center staff has provided parking services for its patrons
and others who utilize the city-owned Walton Arts Center gated lots and has the unique expertise
and experience to provide continuing parking services for this location.
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 determines
that the unique experience and expertise of the Walton Arts Center staff to provide parking
services in gated city lots surrounding the Walton Arts Center makes formal competitive bidding
not feasible nor practical and thereby waives formal competitive bidding for these services and
approves a parking services contract with the Walton Arts Center Council, Inc. for 2011 in the
amount of$39,000.00 which is automatically renewable for three additional years and authorizes
Mayor Jordan to execute this contract attached as Exhibit A.
PASSED and APPROVED this 3rd day of May, 2011.
APPROVED: ATTEST:
By: By:
O LD JO , Mayor SON RA f SMITH, City Clerk/Treasurer
a` 11f lI!lP6Py.9,
°moo
FAYEITEVI LLE e
,fdldGldltBo-
CONTRACT FOR THE PROVISION OF PARKING-RELATED SERVICES BETWEEN
THE CITY OF FAYETTEVILLE, ARKANSAS
AND
THE WALTON ARTS CENTER COUNCIL, INC.
THIS CONTRACT, made and entered by and between the City of Fayetteville, Arkansas,
an Arkansas municipal corporation, (hereinafter "Fayetteville"), and The Walton Arts Center
Council, Inc., an Arkansas nonprofit corporation, (hereinafter "Walton Arts Center"),
WITNESSETH:
IN CONSIDERATION of the mutual promises and obligations of the parties contained
herein, and other good and valuable consideration, the parties hereby agree as follows:
1. Fayetteville desires to obtain customer-related services connected with the
parking of vehicles in its Dickson Street Entertainment District Parking Zone, particularly
customer service in parking lots adjacent to the Walton Arts Center, as well as public relations
and communication services for persons parking in the District.
2. Walton Arts Center desires to facilitate patron ease and convenience related to the
parking of patrons' vehicles for performances or other programs at the Walton Arts Center.
3. Fayetteville requires educational assistance for patrons using gated parking lots
adjacent to the Walton Arts Center, customer service assistance for persons at entries and exits of
the lots during performances at the Walton Arts Center, staffing for reserved event parking, and
communications services. All services must be rendered to persons parking in lots adjacent to
the Walton Arts Center, whether or not the person is a patron of Walton Arts Center, and shall be
performed in coordination with Fayetteville's Parking Management Division.
4. To accomplish both the goals of Fayetteville and Walton Arts Center, Fayetteville
agrees to pay Walton Arts Center, and Walton Arts Center agrees to accept Thirty-Nine
Thousand Dollars ($39,000.00) in monthly installments of$3,250.00 for services identified in
the Annual Operational Expenses for 2011, attached as Schedule 1, and incorporated herein.
Page 1 of 3
Walton Arts Center agrees to provide the services noted in paragraph 3 above and in the Annual
Operational Expenses schedule.
5. The initial term of this Contract shall be one (1) year from January 1, 2011 to
December 31, 2011. This Contract shall automatically renew for up to three successive one (1)
year periods. Both parties may terminate this contract without penalty by giving the other party
thirty (30) day written notice of its intent to terminate. For purposes of notice required by this
paragraph, notice shall be sent by the parties via first-class U.S. Mail to the persons at the
addresses indicated below:
To Fayetteville: City of Fayetteville
Mayor's Office
113 W. Mountain St.
Fayetteville, AR 72701
To Walton Arts Center: The Walton Arts Center Council, Inc.
c/o Walton Arts Center Executive Director
P.O. Box 3547
Fayetteville, AR 72702-3547
6. Walton Arts Center shall invoice Fayetteville monthly for services provided
herein.. Payments by Fayetteville shall be made within thirty (30) days of the receipt of the
Walton Arts Center invoice.
7. Changes, modifications or amendments to the scope, price or fees dictated by this
Contract shall not be allowed without a prior formal Contract amendment approved by the
Mayor and the City Council of Fayetteville in advance of the change.
8. Freedom of Information Act: City contracts and documents prepared while
performing city contractual work are subject to the Arkansas Freedom of Information Act
(FOIA). If an FOIA request is presented to Fayetteville, Walton Arts Center will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the FOIA
(Ark. Code Ann. § 25-19-101, et seq.). Only legally authorized photocopying costs pursuant to
the FOIA may be assessed for this compliance.
Page 2 of 3
9. Jurisdiction: Legal jurisdiction and venue for the resolution of any legal or
equitable disputes arising under this Contract lie exclusively in the Circuit Court of Washington
County, Arkansas.
CITY OF FAYETTEVILLE, ARKANSAS THE WALTON ARTS CENTER
t COUNCIL, INC.
By: By:
IAPf4yLD JO , ayor Authorized Agent
Date: Date: —
Attest: Yt-ate' • AW2 Witness: 2Jv�
Sondra E. Smith, City Clerk
®FAYETTEVILLE® a
�oi9S®®®' 1P41rSC°a� gev
iP
Page 3 of 3
Walton Arts Center
Paid Parking Program Actual and Estimated Expenses
excluding(startup)for 2011
Annual operational expenses
Customer Service
Lot attendants
Actual through 3/31/11 $ 10,368
Estimated 4/1/11 - 12/31/11 $ 32,000
Box office, Front of House $ 1,360
Overhead
Staff management,finance, communications $ 4,160
ANNUAL OPERATING EXPENSE $ 47,888
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
5/3/2011
City Council Meeting Date
Agenda Items Only
Don Marr Parking Management Transportation Services
Submitted By Division Department
Action Required:
A Resolution to approve an agreement with Walton Arts Center for services provided or the parking progam in the
Entertainment District.
$ 39,000.00 $ 289,000.00 Transfers to Outside Agencies
Cost of this request Category/Project Budget Program Category/Project Name
2130.9131.5719.00 $ - Entertainment District Parking
Account Number Funds Used to Date Program/Project Category Name
$ 289,000.00 Off Street Parking
Project Number Remaining Balance Fund Name
Budgeted Item �X Budget Adjustment Attached
f / Previous Ordinance or Resolution#
Dep ment Director Da
Original Contract Date:
l �lC Original Contract Number:
C i tyAftfney Date
+mak t4-ill-Z11
Finance and Internal Services Director Date Received in City04-13-11 PO4:37 R CV D
Clerk's Office V—� .
Chief of Staff Date EN
Received in
/J Mayor's Office
(,4ayJ ate
Comments:
Revised January 15, 2009
• City Council Meeting
eeting Date:eel May 3, 2011
ARKANSAS
City Council Agenda Memo
To: Mayor and Members of the City Council
Thru: Mayor Jordan
From: Don Marr, Chief of Staff
Date: 4/15/2011
Subject: Walton Arts Center, Contract Parking Services
Recommendation:
The City Staff recommends a resolution to approve an agreement with Walton Arts Center for
services provided for the Parking Program in the Entertainment District.
Background:
In June 2010 an ordinance enacted a pay parking program in the Entertainment District Parking
Zone. Prior to the implementation of the new paid parking program,the Walton Arts Center
submitted projected costs for services associated with startup and operational expenses. Walton
Arts Center provides customer service in adjacent gated lots to the Walton Arts Center for patron
entries and exits, assistance with the location of available open parking spaces as the lots fill,
parking ticket problem resolution,validation, and assistance in using the pay parking machines
and pay in advance features.
Budget Impact:
The City Council approved$39,000 in the 2011 approved Budget. This contract will utilize all
$39,000 of the funds approved in the 2011 budget approval, Parking Program which were
designated for this purpose.
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
TDD(Telecommunications Device for the Deaf)(479)-521-1316
ORDINANCE NO.
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AWARD A
CONTRACT FOR PARKING SERVICE IN 2011 TO THE WALTON ARTS
CENTER COUNCIL, INC. IN THE AMOUNT OF $39,000.00
WHEREAS, the Walton Arts Center staff has provided parking services for its patrons
and others who utilize the city-owned Walton Arts Center gated lots and has the unique expertise
and experience to provide continuing parking services for this location.
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 determines
that the unique experience and expertise of the Walton Arts Center staff to provide parking
services in gated city lots surrounding the Walton Arts Center makes formal competitive bidding
not feasible nor practical and thereby waives formal competitive bidding for these services and
approves a parking services contract with the Walton Arts Center Council, Inc. for 2011 in the
amount of$39,000.00 which is automatically renewable for three additional years and authorizes
Mayor Jordan to execute this contract attached as Exhibit A.
PASSED and APPROVED this 3`d day of May, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
CONTRACT FOR THE PROVISION OF PARKING-RELATED SERVICES BETWEEN
THE CITY OF FAYETTEVILLE,ARKANSAS
AND
THE WALTON ARTS CENTER COUNCIL,INC.
THIS CONTRACT, made and entered by and between the City of Fayetteville, Arkansas,
an Arkansas municipal corporation, (hereinafter "Fayetteville"), and The Walton Arts Center
Council, Inc., an Arkansas nonprofit corporation, ( 'reinafter "Walton Arts Center"),
WITNESSETH:
IN CONSIDERATIO f the mutual promis s and obligations of the parties contained
herein, and other good and valuab consideration, t e parties hereby agree as follows:
1. Fayetteville desires to tain customer-related services connected with the
parking of vehicles in its Dickson Stree ntertainment District Parking Zone, particularly
customer service in parking lots adjacent e Walton Arts Center, as well as public relations
and communication services for persons arkin in the District.
2. Walton Arts Center de ires to facilita patron ease and convenience related to the
parking of patrons' vehicles for per rmances or other rograms at the Walton Arts Center.
3. Fayetteville requ' es educational assistance r patrons using gated parking lots
adjacent to the Walton Arts C ter, customer service assistance for persons at entries and exits of
the lots during performance at the Walton Arts Center, staffing for reserved event parking, and
communications services. All services must be rendered to persons parking in lots adjacent to
the Walton Arts Center, ether or not the person is a patron of Walton Arts Center, and shall be
performed in coordinati n with Fayetteville's Parking Management Division.
4. To accomplish both the goals of Fayetteville and Walton Arts Center, Fayetteville
agrees to pay Walton Arts Center, and Walton Arts Center agrees to accept Thirty-Nine
Thousand Dollars ($39,000.00) in monthly installments of$3,250.00 for services identified in
the Annual Operational Expenses for 2011, attached as Schedule 1, and incorporated herein.
Page 1 of 3
Walton Arts Center agrees to provide the services noted in paragraph 3 above and in the Annual
Operational Expenses schedule.
5. The initial term of this Contract shall be one (1) year from January 1, 2011 to
December 31, 2011. This Contract shall automatically renew for up to three successive one (1)
year periods. Both parties may terminate this contract with ut penalty by giving the other party
thirty (30) day written not' e of its intent to terminate. or purposes of notice required by this
paragraph, notice shall be sent by the parties via fir -class U.S. Mail to the persons at the
addresses indicated below:
To Fayetteville: City of Faye ville
Mayor's Office
113 W. Mountai St.
Fayetteville, AR 70
To Walton Arts Center: The Walton s Center Council, Inc.
c/o Walto Arts enter Executive Director
P.O. Box 547
Fayette v Ile, AR 72 02-3547
6. Walton Arts Cent shall invoice yetteville monthly for services provided
herein.. Payments by Fayettevi e shall be made wit 'n thirty (30) days of the receipt of the
Walton Arts Center invoice.
7. Changes, m difications or amendments to the cope, price or fees dictated by this
Contract shall not be al wed without a prior formal Contr ct amendment approved by the
Mayor and the City Co cil of Fayetteville in advance of the ch ge.
8. Freedom of Information Act: City contracts and documents prepared while
performing city contractual work are subject to the Arkansas Freedom of Information Act
(FOIA). If an FOIA request is presented to Fayetteville, Walton Arts Center will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the FOIA
(Ark. Code Ann. § 25-19-101, et seq.). Only legally authorized photocopying costs pursuant to
the FOIA may be assessed for this compliance.
Page 2 of 3
9. Jurisdiction: Legal jurisdiction and venue for the resolution of any legal or
equitable disputes arising under this Contract lie exclusively in the Circuit Court of Washington
County, Arkansas.
CITY OF FAYETTEVILLE,A SAS THE WALT N ARTS CENTER
CO CIL,INC.
By: By:
LIONELD JORDAN, Mayor Aut orized Agent
Date: Date:
Attest: to s:
Sondra E. Smith, City Clerk
Page 3 of 3
NORTHWEST ARKANSAS
NEWSPAPERS-Lc
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers RECEIVED
Northwest Arkansas Times MAY 2 5 2011
Benton County Daily Record
212 North East Avenue, Fayetteville Arkansas 72701/ 1'O Box 1607, 72702 CITY OF FAYET
CITY CLERK'S OFFICE E
FFICE
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest
Arkansas Newspapers LLC. Printed and published in Washington & Benton
County, (Lowell), Arkansas and that from my own personal knowledge
and reference to the files of said publication, the advertisement of: City
of Fayetteville- Ordinance 5410
ORDINANCE NO.5410
AN ORDINANCE TO WANE COMPETITIVE BIDDINGA � � le Published May 19, 2011 AND AWARD A CONTRACT FOR PARKING SERVICE
IN 2011 TO THE WALTON ARTS CENTER COUNCIL,
INC.IN THS AMOUNT OF$39,000.00 /{
WHEREAS,the Walton Arts Center staff has provided ARKANSAS
Publication Charge $ 58.36 narking services for Its patrons and others who Utilize
11x3 tyty-owrir d Welton N16 Gonlnr Baled lots and ties ft WtU10e e#}7[vt[W and cxpo I&WO
to pfovkle Ctlnlrrvong r4rkirg somices for Rog 10caUon.
NOW.TH£REFOIM BE IT ORDAINED 8Y THE CITY COUNCIL OF THE CITY OF
FAYWrMILf.E,ARKANSAS:
¢3, Saelfon 1.Mint the Lely Caurxil of tho City QI FDy9Ilev18,Arkansas tweby dorofntlne3 eZI
� � tltR UMgUa eugk'rie a and exf�e at Rsa waiien Arta t;enSer staff to pFwdrr pa*n j ser-
Signed:
er-
Signed: �— ` vep-0 gated Uty IaMsuit Ute Walton Ails Censer makes fom%0 Como oWodh6dtl
We
----------------
� rat Itxts4t11rr fNH ptaciiCal flrtd tftericl]y WHN65 fixrff9l gptslj.1a1Ike N&JIF19 I0r l 195e 99hnOB9
and apr+a-1 a parkkV scrvklBs*Wtracl VAth 1110 W0110n Arae Clenlf'+COunoil.IRC,For 2011
Ill Ilm am Kin4 01$34).000.00 Vfh!Cp fS asttomaUealty fd'l J%va In for iYK66 additlom ye6ls and
Subscribed and sworn to before me PASSEDa AP Ro o�s33rdgdsygf'Wy 2011v �ssCiAlNIA.
This J� day of �� 2011 . APPROVEDATTEST
L.IONIELD JORDAN.f aL - SONDRA E.SMITH,C4ly Clafk/TILBaumr
Notary Public _
My Commission Expires:
Do not pay from Affidavit, an invoice will be sent