HomeMy WebLinkAboutOrdinance 5749ORDINANCE NO. 5749
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF COMPETITIVE
BIDDING AND AUTHORIZE A CONTRACT FOR EDUCATIONAL,
ENTERTAINMENT AND ADMINISTRATIVE SERVICES IN 2015 TO THE
WALTON ARTS CENTER COUNCIL, INC. IN THE AMOUNT OF
$250,000.00
WHEREAS, the Walton Arts Center Council, Inc. was jointly created by the City of
Fayetteville and the University of Arkansas to bring cultural arts and entertainment to our
citizens; and
WHEREAS, the Walton Arts Center has long provided excellent cultural and fine arts
performances and presentations for University staff and students and for the citizens of
Fayetteville and the surrounding region; and
WHEREAS, the Walton Arts Center on Dickson Street in Fayetteville is uniquely
situated and capable of providing unmatched arts education and cultural arts experiences and
entertainment to Fayetteville citizens; and
WHEREAS, the City of Fayetteville desires to purchase such educational and
entertainment services from the Walton Arts Center on Dickson Street to be delivered at reduced
or no cost to Fayetteville citizens during 2015 and thereafter.
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, capability, and expertise of the Walton Arts Center to provide
superior cultural and fine arts education and entertainment at reduced or no cost to Fayetteville
citizens and to provide space and administrative help for Fayetteville citizen/artists makes formal
competitive bidding not feasible nor practical and thereby waives the requirements of formal
competitive bidding for these services and approves an Educational, Entertainment and
Administrative Services contract with the Walton Arts Center Council, Inc. for 2015 in the
amount of $250,000.00 which is automatically renewable for three additional years and
authorizes Mayor Jordan to execute the contract attached to this ordinance and made a part
hereof.
Page 2
Ordinance No. 5749
PASSED and APPROVED this 17th day of February, 2015.
APPROVED:
ATTEST:
By: &'J" - A.& .,,ti1YFefi
, .
SONDRA E. SMITH, City Clerlc(�-rf'
FAYE77EVILLE��'=
e
®®�®°iat�mNiltO�`6��y
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
mei 479-575-8323
r
Text File
File Number: 2015-0047
Agenda Date: 2/17/2015 Version: 1 Status: Passed
In Control: City Council File Type: Ordinance
Agenda Number: D. 9
WALTON ARTS CENTER COUNCIL, INC.:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF COMPETITIVE BIDDING AND
AUTHORIZE A CONTRACT FOR EDUCATIONAL, ENTERTAINMENT AND
ADMINISTRATIVE SERVICES IN 2015 TO THE WALTON ARTS CENTER COUNCIL, INC. IN
THE AMOUNT.OF $250,000.00
WHEREAS, the Walton Arts Center Council, Inc. was jointly created by the City of Fayetteville and
the University of Arkansas to bring cultural arts and entertainment to our citizens; and
WHEREAS, the Walton Arts Center has long provided excellent cultural and fine arts performances
and presentations for University staff and students and for the citizens of Fayetteville and the
surrounding region; and
WHEREAS, the Walton Arts Center on Dickson Street in Fayetteville is uniquely situated and capable
of providing unmatched arts education and cultural arts experiences and entertainment to Fayetteville
citizens; and
WHEREAS, the City of Fayetteville desires to purchase such educational and entertainment services
from the Walton Arts Center on Dickson Street to be delivered at reduced or no cost to Fayetteville
citizens during 2015 and thereafter.
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, capability, and expertise of the Walton Arts Center to provide superior cultural and fine arts
education and entertainment at reduced or no cost to Fayetteville citizens and to provide space and
administrative help for Fayetteville citizen/artists makes formal competitive bidding not feasible nor
practical and thereby waives the requirements of formal competitive bidding for these services and
approves an Educational, Entertainment and Administrative Services contract with the Walton Arts
Center Council, Inc. for 2015 in the amount of $250,000.00 which is automatically renewable for three
additional years and authorizes Mayor Jordan to execute the contract attached to this Ordinance and
made a part hereof.
City of Fayetteville, Arkansas Page 1 Printed on 2118/2015
City of Fayetteville Staff Review Form
00,
Legistar File ID
2/17/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Parking & Telecommunications /
Sharon Waters 1/26/2015 Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
An Ordinance to Waive Competitive Bidding and Award a Contract for Educational, Entertainment and
Administrative Services in 2015 to the Walton Arts Center Council, Inc. in the Amount of $250,000.00;
provided from revenues earned through the parking program in the Entertainment District.
2130.9131.5719.00
Account Number
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Parking Fund
Fund
Project Title
$ 2501000.00
25U00.%
$ 250,000.00
I
V20140710
Previous Ordinance or Resolution # 5409
Original Contract Number:
Comments:
Approval Date:
TayeIele
Council Agenda Memo
City Council Meeting Date:
February 17, 2015
To: Mayor and Members of the City Council
From: Sharon Waters, Parking & Telecommunications Manager
Thru: Don Marr, Chief of Staff
Date: January 26, 2015
Subject: Walton Arts Center, Contract for Arts S Related Services
Recommendation:
The City Staff recommends on behalf of the Mayor's office that the City of Fayetteville, AR
contract with the Walton Arts Center for Arts Education Services, Discounted Space and
Administrative Services (marketing, promotion, administration) for local arts organizations, and
discounted and free tickets for art festivals and visual arts exhibits.
Background:
During the approval of the 2010 City of Fayetteville Entertainment Parking Program Ordinance and
budget approvals the City Council approved a line item budget for $250,000 of parking revenues
to be allocated to the Walton Arts Center contract for art services and discounted space and
administration fees for local arts organizations. This proposed contract is a continuation of the
annual funding of $250.000.00 to the Walton Arts Center. Attached to this proposed is a list of
services to be provided by the Walton Arts Center at Net Cost. This listing is showing costs for
more services than the budget allocated amount of $250,000. It shows services provided
estimated at a value near $500,000.
The City Staff recommends after consultation with the City Attorney's office to ensure compliance
with legal requirements necessary when spending tax payer dollars for services to pay $250,000
for Programs directly serving 7,300 children each year within the Fayetteville School District. This
provides programming to children, who might not otherwise have access to performing arts
programs. The Staff also recommends that the contract include services that are either free to the
attendees for Fayetteville Citizens or provide reduced ticket prices of $10 or less. Such events
would include Artosphere Festival events, visual arts exhibitions that support local artists as well
as nationally prominent artists to Fayetteville. Lastly, the Staff recommends that the contract for
services also provide reduced rent and professional services (marketing, promotion, public
relations, and administration) for growing local arts organizations (such as Theater Squared) to
promote a strong cultural infrastructure in the City of Fayetteville.
Budget Impact:
This contract will utilize the $250,000 approved in the 2015 Parking Program Budget which were
designated for this purpose.
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deal) (479)•521-1316
FP.Oeof Fayetteville Purchase Order Requeuisi wno.: a e:
st (PO) 1/26120156 Number:
Alt PO,Reguests shall be §canned to the Purcbasmg ,e=maih:Purchasing(a�fayetteville-ar.gov.
Purghase``shali nat taa made until an actual PO has li"r `issued:
Vendor 141
M
Vendor
Name:
Address: P.O. Box 3547
City: Fayetteville
Requester: Sharon Waters
Item
Description
Quantity
1
2
3
4
5
6
7
8
9
10
2015 WAC Contract for Educational,
Entertainment and Admin Services
Contract
1
Requester's Employee #:
174
Extension:
8277
Unit of Issue
Unit Cost
Extended Cost
Account Number
Project.Sub#
Inventory #
Fixed Asset #
tot
250,000.00
$250,000.00
2130.9131.5719.00
Shipping/Handling
Mayor:
Chief Financial Officer:
Dispatch Manager:,_
Walton Arts Center
l Yes r_. No
Point:
Taxable
f- Yes I___ No
Expected Delivery Date:
State: AR
Zip Code:
72702
Ship to code:
62
Quotes Attached
F Yes P No
Requester's Employee #:
174
Extension:
8277
Unit of Issue
Unit Cost
Extended Cost
Account Number
Project.Sub#
Inventory #
Fixed Asset #
tot
250,000.00
$250,000.00
2130.9131.5719.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Lot
$0.00
Department Director.
Budget Director: _
Utilities Manager:_
Purchasing Manager:
IT Director:
Other:
$250,000.00
$0.00
$250,000.00
CONTRACT
FOR THE PROVISION OFEDUCATIONAL,
ENTERTAINMENT AND ADMINISTRATIVE SERVICES
FOR CITIZENS OF THE CITY OF FAYETTEVILLE,
ARKANSAS TO BE PROVIDED BY THE WALTON ARTS
CENTER COUNCIL, INC.
14-11.5 CON'IRAC ]' niade and entered by and between the City of Favetteville,
J
Arkansas, an Arkansas municipal corporation, aril the Walton Arts Center
Council, Inc., an Arkansas nonprofitcorporation, WI'I NI SSI ':C'H:
IN C(')NS1DI RA'I'I0N of the mutual prornises and obligations of the parties
contained herein, and ether good and valuable consideration, the City of
Fayetteville and the Walton Arts Center Council, Inc. hereby agree as follows:
1. The City of .Fayetteville agrees to purchase educational services .for. its
citizens; discounted and free tickets for its citizens, discounted space and
administrative services for its citizen/artists and other educational and entertainment
services for its citizens.
2. The Walton Arts Center Council., Inc. agrees to provide educational
services for Fayetteville citizens; discounted. and free tickets for Fayetteville citizens,
discounted space and administrative services for Fayetteville citizen/ artists and
other educational and entertainment services for Fayetteville citizens- These services
are more particularly described in the Walton Arts Center Schedule of City Services
Provided at Estimated Net Cost for Calendar Year 2015 attached as Exhibit "1.
;. `1'o accomplish both the goals of Fiavetteville and the Walton Arts
Cerner, Fayetteville agrees to pay Walton Arts Center, and Walton Arts Center
agrees to accept Two Hundred Fifty Thousand Dollars ($250,000.00) in monthly
instal.li-nents of `20,833,31 for services identified in the Schedule of City Services
Provided. for 2015. I'he Walton Arts Center agrees to provide the, services noted in
1
paragraph 2 above and in the Schedule of City Services Provided for the amount of
Two Hundred Fifty'fhousand Dollars for 2015.
4. The initial term of ti-ais Contract sliall be one (1) year frown January 1.,
2015 to December 31, 2015. This Contract shall automatically renew for up to three
staccessive one (1) year periods. Both parties may terminate this contract without
penalty by giving they other party thirty (30) days 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 addresses indicated below, or
otherwise delivered to the administrative office of the other party.
To Fayetteville: City of FavetteviIle
Mayor's Office
113 W. Mountain St.
Fayetteville, AR 72701
To the Walton Arts Center: Th.e Walton Arts Center Council, Inc.
c; o Walton Arts Center Executive Director
P.O. I3ox 3547
Fayetteville, AR 72702-354:7
s `T'he Welton Arts Center shall invoice Fayetteville monthly for
services provided herein. Payments by Fayetteville shall be made waElun thirty (30)
days of the receipt of the Walton Arts Center invoice.
G. Changes, aanaodi.fications or ame:nclnaents to the scope, price or fees
dictated by this Coaztrzact :shall not be allowed Withoa.at a prior formal Contract
amendment approved. by the Mayor nand the City Council. of IFavetteville in
advance of the change.
7. Freedoin of Information Act: CitY contracts and documents prepared
while. purfornnang city contractual work are subject to the Arkansas Freedom of
Information Act (FOIA), If an FOIA request is presented to .Fayetteville, the Walton
2
Arts C'eliter will do everything possible to provide the documents in a prompt and
timely i1i.annc r as prescribed in the F,(')l.A (Arl;. Code .Ann. § 25-19-101, el see.). Only
leg�lll� authorized photocopyitio, costs pursuant to the FOIA may be assessed for this
c:olrlplia lice.
8. Jurisdiction: Ixk a_l 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,
Date: '5va- ILI
ATTEST: F
By: �D�► ca C...Qr�tczif'
Sondra E. Smith, City Clerk
�`1111111fr/j
Kr
GIT Y
r
_rUr
FAYETTEVILL.E>�:
s
A N��P
>'�� i i� i ►+ O oa
3
THE WALTON AR S CENTER
COUNCIL, INC.
By: _
Authoriz Agent
Date:
►/27/1�-
'�L4.'z
4AW
Walton Arks Center
Schedule of City Services Provided
at Estimated Net Cost*
For Calendar Year 2015
Learning & Classroom
Classroom Series ticket price subsidy
Bus transportation subsidy
In -school residencies and teacher development
Public Performances
Take -A -Seat ticket giveaways - free tickets for social service groups
Free events and performances - or subsidized (less than $20/ticket)
Visual arts - free exhibits
Community Support
Resident company lease subsidies, marketing support, and
provided box office and ticketing services
Total Net Cost of Services Provided
*estimates are based on actual 2014 costs and organizational budgets
$ 51,100
$ 3,200
$ 32,700
$ 9,950
$ 72,700
$ 53,500
$ 270,000
$ 493,150
RECEIVED
MAR 0 201P5NORTMYEST CITY OF FAYETTEU� Qc L
E
CITY CLERKS QF�
Democrat vtW,,7%w;AZJCUJC
Roo COX !6"?7, 4=AYET T EVILLE, AR, 72702 - 479-442-1700 _ r -AX 479-69S-1118 . WWWNWAD& OM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5749
Was inserted in the Northwest Arkansas Democrat
Gazette on:
February 26, 2015
Publication Charges: $ 110.25
Karn Caler
Subscribed and sworn to before me
This '3 day oft./,k, 2015.
OLI A L� &
Notary Public
My Commission Expires: Zig
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
CATHY WILES
Arkansas - Benton County
Notary Public • Comm# 12397118
My Commission Expires Feb 20, 2024
Walton Arts Center Council/Amendment #1
City of Fayetteville Staff Review Form
2017-0188
Legistar File ID
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Justin Clay 4/4/2017
Submitted By Submitted Date
Action Recommendation:
Parking & Telecommunications /
Chief of Staff
Division / Department
Amendment #1 to contract for the provision of Educational and Administrative Services between the City of
Fayetteville and the Walton Arts Center Council, Inc. to allow for quarterly payments rather than monthly
installment payments.
Budget Impact:
Account Number
Project Number
Budgeted Item? Current Budget
Funds Obligated
Current Balance
Does item have a cost? Item Cost
Budget Adjustment Attached? Budget Adjustment
Remaining Budget
Fund
Project Title
$
V20140710
Previous Ordinance or Resolution # 5749
Original Contract Number:
Comments:
Approval Date: 4/6/2017
CITY OF
"Fy VKA
AS
TO: Lioneld Jordan, Mayor
THRU: Don Marr, Chief of Staff
Peter Nierengarten, Director of Sustainability & Parking
FROM: Justin Clay, Parking Manager
DATE: April 4, 2017
STAFF MEMO
SUBJECT: - Amendment to Walton Arts Center Contract for Educational Services
RECOMMENDATION:
Staff recommends amending the contract for the provision of educational and administrative
services between the City of Fayetteville and the Walton Arts Center Council, Inc. to allow for
quarterly payments in the amount of $62,500.00 rather than monthly payment installments of
$20,833.33.
BACKGROUND:
In 2010, the City Council approved a line item budget in which $250,000 of parking revenues
were allocated to the Walton Arts Center for arts education services,. discounted space and
administrative services (marketing, promotion, administration) for local arts organizations, and
discounted -and free tickets for art festivals and visual arts exhibits. This contract was most
recently updated in 2015 by Ordinance 5749 and is automatically renewable through 2018.
DISCUSSION:
To alleviate the need for monthly payments, staff recommends this amendment to make
quarterly payments on or before January 1s, April 1s, July 1s', and October 1st of each year.
Quarterly payments should lessen the burden required of City staff to process these recurring
payments while still allowing for flexibility should any unforeseen financial issues need to be
addressed throughout the fiscal year. In consulting with Walton Arts Center staff, City staff has
learned that quarterly payments due at the beginning of each quarter would be beneficial to their
operations as well.
BUDGET/STAFF IMPACT:
None
Attachments:
WAC Contract Amendment #1
Ordinance 5749
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
# i
- M.M0.
'PAI a f,AN
BE IT KNOWN TO ALL:
That the City of Fayetteville, Arkansas and the Walton Arts Center Council, Inc. on this
W�\_ day of .2017, hereby agree that the Contract for the Provision of
Educational and Admin strative Services dated February 17, 2015, shall be amended to change the
terms of payment from monthly payments to a single annual payment as follows:
3. To accomplish both the goals of Fayetteville and the Walton Arts Center, Fayetteville
agrees to pay Walton Arts Center-, and Walton Arts Center agrees to accept quarterly
payments of Sixty -Two Thousand Five Hundred Dollars (`662,500.00) on. or before
January 1, April 1, July 1, and October 1. each year the contract is in effect.
The parties agree and understand that this Amendment .is supplemental to their Contract
dated February 17, 2015, and that it does not alter, amend or abridge any of the rights; obligations,
or -duties not expressly addressed Herein.
IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by
their authorized representative effective the date set forth herein above.
THE WALTON ARTS CENTER
COUNCIL, IN
r.
x1
By.
Titje:�� V�, t"iJry✓tiLe,
Date: 4/4/1
WITNESS:
CITY OF/:FAYETTEVILLE,
Jo
Date: t /
ATTEST:
Sondra E. Smith, City Clerk -Treasurer
`�ttttn►i►N�i
EiK / T RFgs��
GST Y �.c' ••G�
�v; FAYE7TEVILLE;�'0"'
9,QkA NSP.
ORDINANCE NO. 5749
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF COMPETITIVE
BIDDING AND AUTHORIZE A CONTRACT FOR EDUCATIONAL,
ENTERTAINMENT AND ADMINISTRATIVE SERVICES IN 2015 TO THE
WALTON ARTS CENTER COUNCIL, INC. IN THE AMOUNT OF
$250,000.00
WHEREAS, the Walton Arts Center Council, Inc. was jointly created by the City of
Fayetteville and the University of Arkansas to bring cultural arts and entertainment to our
citizens; and
WHEREAS, the Walton Arts Center has long provided excellent cultural and fine arts
performances and presentations for University staff and students and for the citizens of
Fayetteville and the surrounding region; and
WHEREAS, the Walton Arts Center on Dickson Street in Fayetteville is uniquely
situated and capable of providing unmatched arts education and cultural arts experiences and
entertainment to Fayetteville citizens; and
WHEREAS, the City of Fayetteville desires to purchase such educational and
entertainment services from the Walton Arts Center on Dickson Street to be delivered at reduced
or no cost to Fayetteville citizens during 2015 and thereafter. -
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, capability, and expertise of the Walton Arts Center to provide
superior cultural and fine arts education and entertainment at reduced or no cost to Fayetteville
citizens and to provide space and administrative help for Fayetteville citizen/artists makes formal
competitive bidding not feasible nor practical and thereby waives the requirements of formal
competitive bidding for these services and approves an Educational, Entertainment and
,Administrative Services contract with the Walton Arts Center Council, Inc. for 2015 in the
amount of $250,000.00 which is automatically renewable for three additional years and
authorizes Mayor Jordan to execute the contract attached to this ordinance and made a part
hereof.
Page 2
Ordinance No. 5749
PASSED and APPROVED this 17'' day of February, 2015.
APPROVED:
ATTEST:
By:Cif2�/Ll.
SONDRA E. SMITH, City Clerl +( "k� #r"' ':•J,
°G�TY
o FAYE7TEVIL7.
LE
®*';s/i7-0iiiia
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479-575-8323
• Text File
File Number: 2015-0047
Agenda Date: 2/17/2015 Version: 1 Status: Passed
In Control: City Council
Agenda Number: D. 9
WALTON ARTS CENTER COUNCIL, INC.:
File Type: Ordinance
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF COMPETITIVE BIDDING AND -
AUTHORIZE A CONTRACT FOR EDUCATIONAL, ENTERTAINMENT AND
ADMINISTRATIVE SERVICES IN 2015 TO THE WALTON ARTS CENTER COUNCIL, INC. IN
THE AMOUNT.OF $250,000.00
WHEREAS, the Walton Arts Center Council, Inc. was jointly created by the City of Fayetteville and
the University of Arkansas to bring cultural arts and entertainment to our citizens; and
WHEREAS, the Walton Arts Center has long provided excellent cultural and fine arts performances
and presentations for University staff and students and for the citizens of Fayetteville and the
surrounding region; and
WHEREAS, the Walton Arts Center on Dickson Street in Fayetteville is uniquely situated and capable
of providing unmatched arts education and cultural arts experiences and entertainment to Fayetteville
citizens; and
WHEREAS, the City of Fayetteville desires to purchase such educational and entertainment services
from the Walton Arts Center on Dickson Street to be delivered at reduced or no cost to Fayetteville
citizens during 2015 and thereafter.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby determines that the unique
experience, capability, and expertise of the Walton Arts Center to provide superior cultural and fine arts
education and entertainment at reduced or no cost to Fayetteville citizens and to provide space and
administrative help for Fayetteville citizen/artists makes formal competitive bidding not feasible nor
practical and thereby waives the requirements of formal competitive bidding for these services and
approves an Educational, Entertainment and Administrative Services contract with the Walton Arts
Center Council, Inc. for 2015 in the amount of $250,000.00 which is automatically renewable for three
additional years and authorizes Mayor Jordan to execute the contract attached to this . Ordinance and
made a part hereof.
City of Fayetteville, Arkansas Page 1 Printed on 2118/2015
City of Fayetteville Staff Review Form
2015-0047
Legistar File ID
2/17/2015
City Council Meeting Date -Agenda Item Only
N/A for Non -Agenda Item
Parking & Telecommunications /
Sharon Waters 1/26/2015
Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
An Ordinance to Waive Competitive Bidding and Award a Contract for Educational, Entertainment and
Administrative Services in 2015 to the Walton Arts Center Council, Inc. in the Amount of $250,000.00;
provided from revenues earned through the parking program in the Entertainment District.
Budget Impact:
2130.9131.5719.00
Account Number
Parking Fund
Fund
Project Number Project Title
Budgeted Item?
Yes
Current Budget
$ 250,000.00
Funds Obligated
$ -
Current Balance
$ 2S0Fft130.0 i
Does item have a cost?
Yes
Item Cost
$ 250,000.00
Budget Adjustment Attached?
No
Budget Adjustment
Remaining Budget
I
V20140710
Previous Ordinance or Resolution #
5409
Original Contract Number:
Comments:
Approval Date: ( — 11-1,15
Tayeffevlle
City Council Agenda Memo
City Council Meeting Date:
February 17, 2015
To: Mayor and Members of the City Council
From: Sharon Waters, Parking & Telecommunications Manager
Thru: Don Marr, Chief of Staff
Date: January 26, 2015
Subject: Walton Arts Center, Contract for Arts & Related Services
Recommendation:
The City Staff recommends on behalf of the Mayor's office that the City of Fayetteville, AR
contract with the Walton Arts .Center for Arts Education Services, Discounted Space and
Administrative- Services (marketing, promotion, administration) for local arts organizations, and
discounted and free tickets for art festivals and visual arts exhibits.
Background:
During the approval of the 2010 City of Fayetteville Entertainment Parking Program Ordinance and
budget approvals the City Council approved a line item budget for $250,000 of parking revenues
to be allocated to the Walton Arts Center contract for art services and discounted space and
administration fees for local arts organizations. This proposed contract is a continuation of the
annual funding of $250.000.00 to the Walton Arts Center. Attached to this proposed is a list of
services to be provided by the Watton Arts Center at Net Cost. This listing is showing costs for
more services than the budget allocated amount of $250,000. It shows services provided
estimated at a value near $500,000.
The City Staff recommends after consultation with the City Attorney's office to ensure compliance
with legal requirements necessary when spending tax payer dollars for services to pay $250,000
for Programs directly serving 7,300 children each year within the Fayetteville School District. This
provides programming to children, who. might not otherwise have access to performing arts
programs. The Staff also recommends that the contract include services that are either free to the
attendees for Fayetteville Citizens or provide reduced ticket prices of $10 or less. Such events
would include Artosphere Festival events, visual arts exhibitions that support local artists as well
as nationally prominent artists to Fayetteville. Lastly, the Staff recommends that the contract for
services also provide reduced rent and professional services (marketing, promotion, public
relations, and administration) for growing local arts organizations (such as Theater Squared) to
promote a strong cultural infrastructure in the City of Fayetteville.
Budget Impact:
This contract will utilize the $250,000 approved in the 2015 Parking Program Budget which were
designated for this purpose.
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
City of Fayrd
eite�i(le Purchase Oer Request (PC3)
Requisition o.:
a e:
(Nos a Purctiasa order)
Alt PO Requests shall be scanned to the Purchasing a Mari Purchasmg(rifayettevrllear
1�zsnol5
P.O Number:
Purchase shall not be:made uritis an actual PO has`been issued
_. .: . .
Vendor 141 Vendor Walton Arts Center
mail
I" Yes F No
Legistar#:
#: Name:
Address: P.O. Box 3547
Oint:
axa e
Expected Delivery Date:
i' Yes F' No
City: Fayetteville State: AR
Zip Code:
Ship to code:
Quotes Attached
72702
62
F" Yes Pv No
Requester: Sharon Waters 75
Requester's Employee #:
Extension:
174
8277
Item
Description
Quantity
Unit of Issue
Unit Cost
Extended Cost
Account Number
Piroject.Sub#
Inventory #
Fixed Asset #
2015 WAG Contract for Educational,
1
Entertainment and Admin Services
1
lot
250,000.00
$250,000.00
2130.9131.5719.00
Contract
2
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Chief Financial Officer:
Dispatch Manager:
Department Director.
Budget Director:
Utilities Manager:
Subtotal: $250,000.00
Tax: $0.00
Total: $250,000.00
Purchasing Manager:
IT Director:
Other:
CONTRACT
FOR THE PROVISION OFEDUCATIONAL,
ENTERTAINMENT AND ADMINISTRATIVE SERVICES
FOR CITIZENS OF THE CITY OF FAYETTEVILLE,
ARKANSAS TO BE PROVIDED BY THE WALTON ARTS
CENTER COUNCIL, INC.
THIS CONTRACT made and entered by and between the City of Fayetteville,
Arkansas, an Arkansas municipal corporation, and the Walton Arts Canter.
Council, Inc., an Arkansas nonprofitco.rporation, WITNFSSI"1•'.H:
IN CONSIDI: RATION of the mutual promises and oblil;ations of the parties
contained herein, and other good and valuable consideration, the City of
Fayetteville and the Walton Arts Center Council, Inc. hereby agree as follows:
1. The City of .Fayetteville agrees to purchase educational services .for. its
citizens; discounted anis free tickets for its citizens, discounted space and
administrative services for its citizen/artists and other educational and entertainment
'WI-vic-Ls for its r.itizens.
2. The Walton Arts Center Council, Inc. agrees to provide educational
services for Fayetteville ci.tize:ns; discounted and free tickets .for Favetteville citizens,
discounted space and administrative services for T ayetteville citizen/ artists, and
other -educational and entertainment services for Fayetteville citizens. 'These services
are, more particularly described in the Walton Arts Center Schedule of. City Services
Provided at Estimated Net Cost for C_alei.xL—ir Year 2015 attached as Exhibit -I.
y. TO accomplish both the coals of Fayetteville and the Walton Arts
Center, Fayetteville agrees to pa,v Walton Arts Center, and Walton Arts Center
agrees to accept Two Hundred Fifty Thousand Dollars ($250,000.00) in monthly
installin.ents of .`n20,833.33 far services identified in the Schedule of City Services
Provided. for 2015. The Walton Arts Center agrees to provide the services noted in
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paragraph 2 above and in the Schedule of City Services Provided for the amount of
'T'wo Flund.red Fifty "I'h.ousand Dollars .for 2015.
4. The initial term of ti-iis Contract shall be one (1.) year frcnn January 1.,
2017 to December 31, 2015. 'T'his 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) days 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 addresses indicated below, or
otherwise delivered to the administrative office of the other patty.
'1'o Fayettcwille: City of Fayetteville
Mayor's Office -
1.13 W. Mountain St.
Fayetteville, AR 72701
'To the Walton Arts Center: The Walton Arts Center Council, Inc.
c; o Waiton Arts Center Executive Director
P.O. Box 3547
Fayetteville, AR 72702-3517
�. 'The Walton Arts Center shaI.l invoice Fayetteville monthly for
sc:rviccs provided herein. Pavments by Fa ve ttev ille. shall be made within thirty(.)
clays of the receipt of the Walton Arts Center invoice.
G. Changes, n -Codifications or amen.dinents to the scope, price or fees
dictated by this Coiatract :tiha.l.l not be allowed witliouL a prior forinal Contract
amendment approved by the Mayor and the City Council of Fayetteville in
advance of the change.
7. Freedom of Information Act: City contracts and documents prepared
t.vhile Performing, city contractual work are subject to the Arkansas Freedom of
Inforrnation Act (FOIA), If an FOIA request is presented to .Fayetteville, the Walton
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Arts Center will do everyt]-tim- possible to provide the documents in a prompt and
timely lxa.a.nner as prescribed in the 1'0IA (Arl:. Code .Ann. § 25-19-101, et seq.). Only
ler ally cMthol-iZ..Od ph(AoCopyln.I; ants pul-suant to theFOIA in ay be assessed for this
corrip.liancc.
8. Jurisdiction: Legal jurisdiction and venue for the resolution of any
legal or equitable disputes arisi.11g under this Contract lie exclusively In the Circuit
Court of Washington County,, Arkansas.
CITY OF FAYETTEVILLE,
ARKANSAS
Date: 1 l�
ATTEST:
By:
Sondra E. Smith, City Clerk
��aaaannrrrr,��
`o�av�ERK / TR siP�
o FAYEITTVI; C e �1'
TON14
3
THE WALTON AR S CENTER
COUNCIL, INC.
By:
Authoriz Agent
Date:
a1x7/1�—
EXHIBIT 1
Walton Arts Center
Schedule of City Services Provided
at Estimated Net Cost*
For Calendar Year 2015
Leaming & Classroom
WAC learning program00 children
tn�s ye�r In;the ,Fayettejriite scno�l district � manybf �vh'orn wo�aid�ot f
Qth�rwlse halre aece#ss to perforrriOng arxs progre►lsx 7tr�add1PoniVAC
•Will provide teacher+`developmern=programs mrFayet)iewire'sph`a'ot �a
ciassroorns�Co,improve earh�nghieh wEAim�?ac tlaousarlds
stud"
Classroom Series ticket price subsidy
Bus transportation subsidy
In -school residencies and teacher development
Public Performances
Take -A -Seat ticket giveaways - free tickets for social service groups
Free events and performances - or subsidized (less than $10/ticket)
Visual arts - free exhibits
Community Support
Walton Arts CentersubStCitzes rent and profss�onal services
`(marketing, PR, admirnsfi'at�on}'fgr growlrig local alts arganizatioris^to
}promote a sror{g ouitural infrastructure �n>tfle C�ty�of Fayetteville
_'These mcfude Tteater8quared, Community Creatfre`Center, and
Symphonyof NLtrthwestArk'ansas '
Resident company lease subsidies, marketing support, and
provided box office and ticketing services
Total Net Cost of Services Provided
*estimates are based on actual 2014 costs and organizational budgets
. Net Cost • `
51,100
3,200
32,700
$ 9,950
$ 72,700
$ 53,500
$ 270,000
$ 493,150
