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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: B . .� ! B 62- LD JO , Mayor SO DRA E. SMITH, City Clerk/Treasurer ``e®4eeeaiiearrpys. ®���;•GSC Y a ° =V® off= !!o FAYETTEVILLE® q ®L° 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 G\�Y pF®° o ° ® EVILLE o " ®FAYETT — ® C'3 ®ye�GT0 �p6h�.�$` 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