HomeMy WebLinkAboutOrdinance 5468 ORDINANCE NO. 5468
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 $205,350.00 TO PROVIDE PUBLIC
RECREATION SERVICES FOR THE YOUTH AND CITIZENS OF
FAYETTEVILLE FOR 2012
WHEREAS, providing quality recreational opportunities to the youth and citizens of our
community is of mutual interest to the City of Fayetteville and the Fayetteville Youth Center,Inc.;
and
WHEREAS,the Fayetteville Youth Center,Inc.and the City of Fayetteville have had a close
working relationship for many years; and
WHEREAS,the Fayetteville Youth Center,Inc. has acquired unique expertise and proven
competence to effectively and efficiently provide recreational programs and opportunities to
Fayetteville citizens; 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,Inc.,the
City of Fayetteville would need to provide a facility and 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 of the City of Fayetteville,Arkansas hereby determines that
the above circumstances make formal competitive bidding neither practical nor reasonable and
therefore waives the requirements of formal competitive bidding and approves a contract between
the City of Fayetteville,Arkansas and Fayetteville Youth Center,Inc.in the amount of$205,350.00
to provide public recreation services for the youth and citizens of Fayetteville for 2012. A copy of
said contract marked Exhibit"A" is attached hereto and made a part hereof.
Page 2
Ordinance No. 5468
PASSED and APPROVED this 6`h day of December, 2011.
APPROVED: ATTEST:
By -4"Z� By:kt�LL�'k
NELD O AN, Mayor LISA BRANSON, Deputy City Clerk
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FAYETfEVii_t.;_
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 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$17,112.50 monthly to the Fayetteville
Youth Center, Inc. throughout the year of 2012 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, needy youth wishing to
participate at the Fayetteville Youth Center, Inc. facility shall not be
denied access solely because they do 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 provide their facility as an
emergency shelter when deemed necessary by the City of Fayetteville.
D. 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:
LIO ORDAN, Mayor
FAYETTEVILLE YOUTH CENTER, INC.
BY: Z- 6 ,,
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Title
ATTEST:
BY: In-6N1U'
Sondra E. Smith, City lerk/ reasur
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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 Department (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,
WHEREAS, the Fayetteville Boys and Girls Club has been designated as an
emergency shelter for the City of Fayetteville due to the location and facility available to
house citizens; and
WHERAS, increased communication 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
parks, including the following facilities which are utilized for sport
programming; 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, promotion, 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,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:
- Baseball
Kickball
- Softball
Flag Football (Adult)
Special Interest Groups
Sand Volleyball
- Soccer
- Special Events
Swim Lessons
Tennis
Youth Activity Camps
- Yvonne Richardson Community Center Activities
i. Arts and Crafts
ii. Educational Programs
iii. Summer/ School Break Programs
iv. Wrestling
v. Volleyball (Adult)
vi. Other Recreational Programs
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
programs including rosters of players and 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, aquatic programs, and summer/school break programs, and that
both parties agree to work together for the common good of 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 31St 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 will work
jointly in opening the Boys and Girls Club as an emergency shelter as deemed
necessary by the Washington County Emergency Operations Center. The
Club will utilize funds appropriated by the City of Fayetteville for operational
costs as necessary for the emergency shelter.
8. The FYC Executive Director and Parks and Recreation Director shall have
periodic meetings to ensure communication between the two entities.
9. It is understood and agreed that the City's annual purchase of services shall be
negotiated on a yearly basis.
10. 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.
11. 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.
12. 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 14.
13. FYC shall comply with schedules and procedures established by the Budget
and Research Division of the City of Fayetteville for annual funding requests.
14. FYC shall provide transportation for the Yvonne Richardson Community
Center as needed for the following activities including, but not limited to:
A. Throughout the Summer Fun4Kids Program provide bus transportation
each day for the Owl Creek School free lunch program. This should
include transportation for up to 50 children from the YRCC to Owl Creek
School and back to the YRCC after lunch.
B. Throughout the Summer Fun4Kids Program provide bus transportation on
pre-scheduled afternoons from the YRCC to FYC. Participants in the
Summer Fun4Kids program will also have free admittance to the FYC
facilities on pre-scheduled afternoons and transportation back to the
YRCC at the conclusion of the program day.
C. Throughout the academic school year provide transportation on designated
dates previously agreed upon by both parties as part of the YRCC after
school program.
D. FYC will also provide transportation for YRCC patrons as deemed
necessary by FYC Staff and the YRCC Director, provided that these
arrangements have been done in a timely matter and are agreed upon by
both parties prior to the requested date and time.
E. The transportation schedule outlined above is subject to change upon
agreement by the Fayetteville Parks and Recreation Director and the
Executive Director of the Boys and Girls Club.
15. Quarterly reports shall be submitted to the Parks and Recreation Director on
the following dates: April 15, July 15, October 15, and January 15 (2013).
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 on organizational web site and
acknowledge the City of Fayetteville on sponsor wall located in the
Donald W. Reynolds Boys and Girls Club.
The working procedures and responsibilities contained herein shall become effective
January 1, 2012.
CITY OF FA ETTEVILLE
B
LIONE RDAN, Mayor
Attest:
C&AV,
Sondra E. Smith, C"Ierkeas r
RVIT RE
®®`G�,m°°e°`��S f'y FAYET EVILLE YOUTH CENTER, INC.
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BY:
FAYE T-EVILLE a
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e
Title
Attest:
BY:
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/6/2011
City Council Meeting Date
Agenda Items Only
4_
Connie Edmonston Parks &Recreation
Submi .. Division _. _._ Department
Action Required:
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$205,350 to provide public recreation
services and facilities for the youth and citizens of Fayetteville for 2012.
$'205,350.00 $ 205,350.00 Transfer to Outside Agency
Cost of this request Category/Project Budget Program Category/Project Name
1010..6600.5718.00 $ Transfer to Boys and Girls Club
Account Number Funds Used to Date Program/Project Category Name
T0901 T002 $ 205,350.00 General Fund
Project Number Remaining Balance Fund Name
Budgeted Item x Budget Adjustment Attached
r
l
Previous Ordinance or Resolution# 5376
Department Dir ctor Date
Original Contract Date:
Original Contract Number:
City Atto y Date
C�,
Finance and Internal Services Director Date Received in Cityl 1-17-1 1 PO4: 0 2 R C V D
Clerk's Office
CAW of St Date
Received in f REIN
Mayor's Office
Ma or Dat
Comments:Contingent upon City Council approval of the 2012 proposed budget.
THE CITY OF FAYETTEVILLE,ARKANSAS
% evl e e h : .
PARKS AND RECREATION DEPARTMENT
x, 113 West Mountain
Fayetteville,AR 72701
ay
P(479)4443477 F(479)521-7714
ARKANSAS
s rg
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan and City Council
Thru: Don Marr, Chief of Staff
From: Connie Edmonston, Parks and Recreation Director '
Date: November 16, 2011
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
$205,350 to provide public recreation services for the youth and citizens of Fayetteville for 2012.
rRR0PO;,AL•
The 2012 budget includes a total of$205,350 to be transferred to the Fayetteville Youth Center from the
General Fund. 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. Please note the Fayetteville Youth Center refers to the operations of the Fayetteville Boys
and Girls Club throughout this contractual agreement.
The City of Fayetteville has provided financial support for the Fayetteville Youth Center since 1967.
Each year, Parks and Recreation and Youth Center Staffs evaluate operations to determine if we are
meeting the needs of the citizens of Fayetteville in the most efficient possible manner. The attached
"Working Agreement" helps avoid duplication or competition of programs between the two
organizations. 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.
The agreement for 2012 is similar to the 2011 agreement with a few changes in the programs offered, as
well as the designation of the Fayetteville Boys and Girls Club building as an emergency shelter for the
City of Fayetteville due to the location and facility available to house citizens.
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701
THE CITY OF FAYETTEVILLE,ARKANSAS
1A�, PARKS AND RECREATION DEPARTMENT
113 West Mountain
Fayetteville,AR 72701
P(479)4443471 F(479)521-7714
A R K A N 5 A S
www.accessfayetteville.org
RECQMMENDA
Fayetteville Parks and Recreation Staff recommends approving the contract with Fayetteville Youth
Center, Inc. to provide public recreation services for the citizens of Fayetteville and waive competitive
bid for services.
BUDGET,I,N.PACT
The 2012 budget includes a total of $205,350 for the transfer to the Fayetteville Youth Center. The
request is contingent upon City Council approval of the 2012 proposed budget.
If you have any questions regarding the Agenda Request or the Working Agreement, please call me at
444-3473, or email cedmonston@ci.fayetteville.ar.us.
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701