HomeMy WebLinkAboutOrdinance 5409 ORDINANCE NO. 5409
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AWARD A
CONTRACT FOR EDUCATIONAL, ENTERTAINMENT AND
ADMINISTRATIVE SERVICES IN 2011 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 2011 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 formal competitive bidding for
these services and approves an Educational, Entertainment and Administrative Services contract
with the Walton Arts Center Council, Inc. for 2011 in the amount of $250,000.00 which is
automatically renewable for three additional years and authorizes Mayor Jordan to execute this
contract attached as Exhibit A.
Page 2
Ordinance No. 5409
PASSED and APPROVED this 3`d day of May, 2011.
APPROVED: ATTEST:
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62- LD JO , Mayor SO DRA E. SMITH, City Clerk/Treasurer
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CONTRACT
FOR THE PROVISION OF EDUCATIONAL, 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 Center Council, Inc., an Arkansas
nonprofit corporation, WITNESSETH:
IN CONSIDERATION of the mutual promises and obligations 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 and free tickets fbr 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 for 2011 attached as Exhibit 1.
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 Two
Hundred Fifty Thousand Dollars ($250,000.00) in monthly installments of $20,833.33 for
services identified in the Schedule of City Services Provided for 2011. The Walton Arts Center
agrees to provide the services noted in paragraph 2 above and in the Schedule of City Services
Provided for the amount of Two Hundred Fifty Thousand Dollars for 2011.
Page 1 of 3
4. 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) 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 Fayetteville
Mayor's Office
113 W. Mountain St.
Fayetteville, AR 72701
To the Walton Arts Center: The Walton Arts Center Council, Inc.
c/o Walton Arts Center Executive Director
P.O. Box 3547
Fayetteville, AR 72702-3547
5. The 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.
6. 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.
7. 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, the 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
8. 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, THE WALTON ARTS CENTER
ARKANSAS COUNCIL, INC.
By: By:
L N LD J A , Mayor Authorized Agent
i
Date: (o 11 Date: 2-J? '
Attest: ry� Witness:
Son ra E. Smith, City Clerk
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Page 3 of 3
Walton Arts Center
Schedule of City Services Provided
at Net Cost
March 2011
Learning&Classroom
Prograin8'direct1wserve 7500tshiidren each year in the
FayetteuiIle school"district—many of wham"would not otherwise
have access:to performing,arts,programs:"In:addition!,teacher
development programs improve learning in classrooms across the
district,impactingthousands"ofatudents.
Classroom Series ticket price subsidy $ 5,350
Bus transportation subsidy $ 8,500
In-school residencies and teacher development $ 32,606
Public Performances
Performances in Fayetteville that are,either free:to„the attendees or
ticket pnc'e.is$10 or."less, mcludmg Artosphere,Festjual events.
Visual arts exhibition is fre .,and.. . local artjstsas well. "
as.
brings nationally prominent artists into Faya ville
Take-A-Seat ticket giveaways-free tickets for social service groups $ 30,425
Free events and performances-or subsidized(less than$10/ticket) $ 331,581
Visual arts-free exhibits $ 40,000
Community Support
Walton Arts Center subsidizes rent.andprofl services
(marketing, PR,administration)for growing local arts brganizations
to promote a strong cultural infrastructure In the 0ity of Fayetteville.”
T2 lease subsidy and marketing box office assistance $ 26,075
NWACCC lease subsidy $ 42,380
SONA BWH use, marketing services provided $ 40,875
Total Net Cost of Services Provided $ 557,792
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 art services provided from revenues earned
through the parking progam in the Entertainment District.
$ 250,000.00 $ 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
$ 250,000.00 Off Street Parking
Project Number Remaining Balance Fund Name
Budgeted Item 0 Budget Adjustment Attached Q
Arm A4��
/S- ) Previous Ordinance or Resolution#
Dep ment Di ect Date
<- Original Contract Date:
Original Contract Number:
City Attorney Date
"LAC „� ��I5-7,0ti
04-13-1 1 PO4 :38 RCVD
Finance and Internal Services Director Date Received in City
Clerk's Office .
Chief of Sta Date
Received in
j *Daf
Mayor's OfficeMayr s
Comments:
Revised January 15,2009
® City Council Meeting Date:
� May 3, 2011 ayve
ARKANSAS
City Council Agenda Memo
To: Mayor and Members of the City Council
From: Don Marr, Chief of Staff
Thru: Mayor Jordan
Date: 4/15/2011
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 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. Attached to this proposed contract before the
Council dated March 2011 from the Walton Arts Center is a list of services to be provided 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$557,792.
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 7,500 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 to promote a strong cultural
infrastructure in the City of Fayetteville.
Budget Impact:
This contract will utilize$250,000 of the funds approved in the 2011 budget 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
•
Ta e eVl a Departmental Correspondence
LEGAL
ARKANSAS
• • DEPARTMENT
Kit Williams
City Attorney
TO: Mayor Jordan Jason B.Kelley
City Council Assistant City Attorney
CC: Don Marr, Chief of Staff
FROM: Kit Williams, City Attorney
DATE: April 14, 2011
RE: Walton Arts Center $250,000.00 Contract to Provide Educational and
Entertainment Services for Fayetteville Citizens
Two months into my job as Fayetteville City Attorney, I had to question and
disagree with the constitutionality of a Resolution passed a few months before my
term began that committed Fayetteville to donate about $2.3 million as a matching
gift for the proposed Boys' and Girls' Club. I immediately became very unpopular
with citizens who had assumed the City could provide the required matching funds
for the Donald W. Reynolds Ten million dollar grant. After my memo, a
substantial private fundraising effort had to be launched which fortunately was
successful and led to the construction of the beautiful new Reynolds Boys' and
Girls' Club.
Aldermen questioned my opinion and sought an official Arkansas Attorney
General Opinion. Attorney General Mark Pryor agreed with my interpretation of
the constitution that the City could not give $2.3 million to the Boys and Girls
Club. (Ark. Attorney General Opinion No. 2001-135). Attorney General Pryor
also spoke about how a city could purchase services for its citizens from non-profit
corporations. He rejected "publicly funded scholarships" to a private entity. He
said "the contract could restrict access to those services only in ways the city might
if it were providing the services itself. Accordingly ... the city should most
definitely require `other types of public access' if it contracts with Boys' and Girls'
Club, Inc." (page 5)
Attorney General Pryor also noted the most basic test for a city to contract
for services from a non-profit, the contract must be "supported by adequate
consideration and services a proper governmental end."
The City Council has the power and duty to initially determine whether
the services offered are a fair value for our City's taxpayers for the money
requested for those services. If the services offered would be a "good buy" for
our taxpayers and open to the City citizens generally, then there should be the
required "adequate consideration."
Therefore, please examine the proposed Contract and Schedule of City
Services Provided carefully and determine if the services (valued at over
$50000.00 by the Walton Arts Center) constitute adequate consideration for
Fayetteville citizens' $250,000.00 annual payment.
ORDINANCE NO.
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AWARD A
CONTRACT FOR EDUCATIONAL, ENTERTAINMENT AND
ADMINISTRATIVE SERVICES IN 2011 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 2011 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 formal competitive bidding for
these services and approves an Educational, Entertainment and Administrative Services contract
with the Walton Arts Center Council, Inc. for 2011 in the amount of $250,000.00 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