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HomeMy WebLinkAboutOrdinance 5609ORDINANCE NO.5609 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING AN AGREEMENT WITH GET LIT LLC IN THE AMOUNT OF $56,500.00 FOR THE PURCHASE OF LIGHTS FOR THE EXPANSION OF LIGHTS OF THE OZARKS TO BLOCK STREET AND DICKSON STREET, AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $46,500.00 WHEREAS, the Fayetteville Advertising and Promotion Commission (the "A&P Commission") has obtained $10,000.00 for the expansion of the Lights of the Ozarks to Block Street and Dickson Street; and WHEREAS, additional funding for this project is possible through GIF legislative funds; and WHEREAS, Get Lit LLC is the contractor being used by the A&P Commission for the purchase of additional lights; and WHEREAS, Get Lit LLC is the only provider for Razorback-themed lighting to be placed on Dickson Street; and WHEREAS, time to complete competitive bidding is not possible due to the necessity to proceed with this project in time for the 2013 Lights of the Ozarks display; 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 an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves an agreement with Get Lit, LLC in the amount of $56,500.00 for the purchase of lights for the expansion of Lights of the Ozarks to Block Street and Dickson Street. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Ordinance as Exhibit "A". i Page 2 Ordinance No. 5609 PASSED and APPROVED this 20t' day of August, 2013 APPROVED: ATTEST: By: 4. 4"j-x SONDRA E. SMITH, City Clerk/Treasurer OTY FAYETTEVILLE : �O_ �.�y. kA NSP� �'`�� V13.0107 Budget Year Division: Chief of Staff 2013 Department: Chief of Stafl City of Fayetteville, Arkansas Budget Adjustment Form IRequest Date BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION $46,500 for the Lights of the Ozarks capital project. Division Head Date 8 I Bu get Direbffir D e Date 8 /.3 l3 Da e 8/13/2013 Adjustment Number Prepared By: Kevin C Springer i Reference: Budget & Research Use Only Type: A B C D E P General Ledger Date Posted to General Ledger Checked / Verified Initial Date Initial Date TOTAL BUDGET ADJUSTMENT 46,500 46,500 Increase / (Decrease) Account Name Account Number Expense Revenue Building & Grounds Maintenance 4470.9470.5400.00 46,500 - Use of Fund Balance 4470.0947.4999.99 - 46,500 HABudget\Budget Adjustments\2013_Budget\Kevin\BA2013_LIGHTS_OZARKS E EXHIBIT Project.Sub Number 02001.1 1 of 1 satAnvj AGENDA REQUEST FOR: COUNCIL MEETING OF AUGUST 20, 2013 FROM: MAYOR JORDAN ALDERMAN KINION ALDERMAN PETTY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance waiving the requirements of formal competitive bidding and approving an agreement with Get Lit LLC in the amount of $51,462.00 for the purchase of lights for the expansion of Lights of the Ozarks to Block St and Dickson St, and approving a budget adjustment in the amount of $46,500.00 APPROVED FOR AGENDA: Mark anion ate G Zv�3 ate RZ/S Date ENTEREQ fay &VT I ARKANSFlS CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVILLE, ARKANSAS HUMAN RESOURCES DIVISION 113 West Mountain Fayetteville, AR 72701 p (479) 575-8278 F (479) 718-7698 To: City Council members 1/ Thru: Mayor Lioneld Jordan a From: Don Marr) f of Staf , Connie Edmonston, Director of Parks & Recreation, Terry Gulley, Director of Transportation Services Date: August 13, 2013 Subject: Expansion of the Lights of the Ozarks to now include Block Street and Dickson Street with Street Lights It is proposed that the City Council Approve a budget adjustment for the purchase of Holiday Lights by the Advertising & Promotion Commission needed to expand the Lights of the Ozarks with street lights for Dickson Street and Block Street. The street holiday lights will be LED lights which are similar to the downtown square and utilization of these types of lights will keep electricity utilization as low as possible. The City will wrap sidewalk street lights on Block Street with LED lighted garlands, and the street lights on Dickson Street will have LED Light Pole Fixtures that extend over the streets/sidewalks. It is important to get this approval as soon as possible in order to meet the necessary lead time requirements in order that the lights can be wrapped and mounted in time for the Lights of the Ozarks grand opening. The City Transportation Division will be placing the street light fixtures on Dickson Street, and the City Parks & Recreation Division will be wrapping the street lights with the lighted garland on Block Street. BUDGET IMPACT: The City has received $10,000 for the expansion of the Lights of the Ozarks to Block Street from the Advertising & Promotion Commission. The anticipated cost of the lights to be purchased is $56, 500.00. The Mayor has directed staff to apply for funding from the GIF Legislative Funds with Representative David Whitaker representing this request for the purchase of the light fixtures — first year installation. The funding meeting will not take place until early September 2013. In order to meet the order lead time for manufacture of the lights, and the time line for implementation of these fixtures, the City must proceed with this request and ask for a use of reserves of $46,500 to cash flow this expansion request. If the GIF request is not obtained, the reserves will not be replenished. The Mayor feels that expanding the displays to these streets will have a positive economic development impact on the Downtown and Entertainment Business Districts and also help promote Fayetteville's quality of life offerings during the holiday season. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING AN AGREEMENT WITH GET LIT LLC IN THE AMOUNT OF $51,462.00 FOR THE PURCHASE OF LIGHTS FOR THE EXPANSION OF LIGHTS OF THE OZARKS TO BLOCK STREET AND DICKSON STREET, AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $46,500.00 WHEREAS, the Fayetteville Advertising and Promotion Commission (the "A&P Commission") has obtained $10,000.00 for the expansion of the Lights of the Ozarks to Block Street and Dickson Street; and WHEREAS, additional funding for this project is possible through GIF legislative funds; WHEREAS, Get Lit LLC is the contractor being used by the A&P Commission for the purchase of additional lights; and WHEREAS, Get Lit LLC is the only provider for Razorback-themed lighting to be placed on Dickson Street; and WHEREAS, time to complete competitive bidding is not possible due to the necessity to proceed with this project in time for the 2013 Lights of the Ozarks display; 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 an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves an agreement with Get Lit, LLC in the amount of $51,462.00 for the purchase of lights for the expansion of Lights of the Ozarks to Block Street and Dickson Street. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Ordinance as Exhibit "A". PASSED and APPROVED this 20th day of August, 2013. APPROVED: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer Installation and removal: labor and motor pool City of Fayetteville - Transportation Dept. $ 7,911.74 Electrical upgrades: W. Dickson St. and N. Block Ave. King Electrical Contractors $ 11,000.00 Materials: zip ties, installation tools various $ 1,000.00 Lighting fixtures Git Lit $ 51,462.00 Total $ 71,373.74 pw ---- - /"q rn� Ar)zl� spa bier s� Ala � AUSTIN KING, INC., dba KING ELECTRICAL CONTRACTORS 2145 WEST MOORE LANE FAYETTEVILLE, AR 72704 Voice: 479-443-0006 Fax: 479-443-1719 CITY OF FAYETTEVILLE 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 INVOICE Invoice Number: 71224 Invoice Date: Jul 31, 2013 Page: 1 CITY OF FAYETTEVILLE DICKSON ST. FAYETTEVILLE, AR 72701 CITY OF FAYETTEVILLE Net 10th of Next Month .0" -' NOR "s To, JEFF COLES 1 8/10113 FIX RECEPTACLES ON POLE LIGHTS PARTIAL BILLING MATERIAL 531.73 TAX 49.19 MARK UP 15% 87.14 27.00 JOURNEYMEN HOURS 30.00 810.00 27.00 APPRENTICE HOURS 25.00 675.00 Subtotal 2,153.06 Sales Tax Ve Accept VISA, MC, and Discover Total Invoice Amount 2,153.06, Payment/Credit Applied PLEASE PAY FROM THIS INVOICE KING ELECTRICAL CONTRACTORS 2145 WEST MOORE LANE FAYETTEVILLE, AR 72704 Voice: 479-443-0006 Fax: 479-443-1719 CITY OF FAYETTEVILLE 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 lire Accept VISA, MC, -and Discover PLEASE PAY FROM THIS INVOICE � -71 L ur- COPY Invoice Number: 71102 Invoice Date: May 31, 2013 Page: 1 .......... .. ... . ... ...... - - - - - -- - - - Subtotal ...... . - ---------- Sales Tax ........ . ...... .. .... ... .. Total Invoice Amount -1.-..--.--.- ...... . ........... . ...... . ...... . . ..... . ........ Payment/Credit Applied 2,229.37 2,229.37 City of Fayetteville 113 West Mountain Fay Cost SummaryDetail Fayetteville, AR 72701 (479)521-7700 Fax(479)684-4730 Report Date 08/12/2013 10:06 AM Submitted By Page 1 Search Criteria Search Style Match Subtotal on Activity Detail on All Work Order # 44296 Status All '�i .a...� '. .: .. ..., ..S .%fi ....... x.,. .. .y,,,'L.• "f. :.cam,,• ;;. ... 'Y.Frs�tl .:.. 3 d 'P f :„ _„ : , it''.,, .,. �.. .. %Unit.tD>: y .... ; ,�; •:',-. ;,WorkOrsler,; rActiv AssetiT Initiated. Com„letad i" 01 44296 TR181 LGHT LGHT ON -STREET 08/1212013 Ht gg Y{i5" K' Xy€ i 3 `iay. €'aS.Y K €� z1 } vt'L •l,...atom : ,E R -. ✓ F -i Charge Date T {tem '> YDescrT Lion, �. �; t� /Usa e,.. 9 Cost 08/12/2013 00:01 Labor 104 MAINTENANCE WORKER III - TRANS 120.00 2347.37 08/12/2013 00:01 Labor 126 - TRAFFIC TECHNICIAN 80.00 1718.96 08/12/2013 00:01 Labor 433 MAINTENANCE WORKER IV - RIGHT 40.00 821.77 Total 4888A 0 08/12/2013 00:01 Vehicle 2083 FORD F-250, CREW CAB 5.00 134.75 08/12/2013 00:01 Vehicle 369 2009 FORD F550 WITH ARIEL LIFT 5.00 388.89 Total 523.64 Subtotal for activity TR181 5411.74 i i J Lr Grand Total: 5411.74 . . y l Bid For: City of Fayetteville, AR Project: Pole Mounts and Garland Wraps Estimate: Pole Mounts for Dickson Street Razorback (small commercial) Poinsetta (small commercial) 6 point snowflake (small commercial) Brackets for all pole mounts Garland Wraps for Block Ave. 14in. Garland 27ft. 200 lights 14in. Garland 27ft. 100 lights -'k ZO & � SOS � *Does not include applicable tax Qty Rate Total* 24 $ 650.00 $ 15,600.00 24 $ 455.00 $ 10,920.00 24 $ 625.00 $ 15,000.00 72 $ 24.00 $ 172, 8.00 Sub. Total 43,248.00 37 $ 222.00 $ 8 214.00 37 $ 142.00 $ 5,254.00 41 J J, Lighting products are covered by our standard three year limited warranty based upon seasonal use not to exceed 95 days per calendar year. If the lighting product is used for a permanent installation product is warrantied for 1 year. This warranty covers all products and installation with the exception of any damage caused by weather, vandalism or other similar situations beyond our control. Any ornaments are only covered for one season. All snow related products due not carry a warranty. If any lights and decorations sold by Get Lit LLC are installed on a structure other than a structure built and/or sold by Get Lit LLC, the customer assumes full responsibility and liability for that structure and will hold Get Lit harmless in relation to any cosmetic or structural damage to the structure. Customers may be asked to sign a liability and indemnity waiver. Labor quote is based on having standard 110V/20A power outlets in close proximity to where the lighting will be installed unless otherwise noted. All lighting will be connected to the nearest outlet for power unless other arrangements are made. Any electrical work, outlet installation, etc. will be the responsibility of customer. Payment Terms: 60% Deposit/with contract to secure installation date and remainder due upon delivery. NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE E:R.S THE MORNING NEWS OF ROGERS LLC NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of - City of Fayetteville - Ordinance 5609 Was inserted in the Regular Editions on: August 29, 2013 Publication Charges: $ 110.25 Holl Andrews Subscribed and sworn to before me This j day of , 2013. Notary Public My Commission Expires: Z4�,, 11,71 'C� C�.THYJ.�r NES _ 8onton C. oUl�ty My CoaMmlssion h ... "'4'.vtnrinc��- c X p.res Fb'"rU iy 20, 2014 ...... ._._ **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED SEP 12 2013 CITY CLERK'S OFFICE City of Fayetteville Staff Review For 2014-0485 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item John.Nelson 11/6/2014 Transportation Services/ Transportation Services Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of and Mayor's signature accepting a General Improvement Fund (GIF) grant in the amount of $10,000 for Lights of the Ozarks. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution # 5609 Original Contract Number: Approval Date: Comments: CITY OF • Tay e vl e ARKANSAS TO: Mayor Lioneld Jordan THRU: Terry Gulley, Transportation Services Director FROM: John Nelson, Management Accounting Coordinator DATE: November 6, 2014 SUBJECT: Approval of a General Improvement Fund (GIF) Grant STAFF MEMO RECOMMENDATION: Staff recommends the approval of and Mayor's signature accepting a General Improvement Fund (GIF) grant in the amount of $10,000 for Lights of the Ozarks. BACKGROUND: Last year the annual Lights of the Ozarks display was expanded to include Block Avenue and Dickson Street. The Advertising & Promotion Commission contributed $10,000 toward the project and an application for grant funding was made for the purchase of holiday lights. The project was authorized by City of Fayetteville Ordinance Number 5609. DISCUSSION: The Northwest Arkansas Economic Development District (NWAEDD) approved a $10,000 General Improvement Fund (GIF) grant to the City of Fayetteville. The project was completed in accordance with the grant agreement. BUDGET/STAFF IMPACT: These grant funds will replenish reserves Attachments: NWAEDD General Improvement Fund Grant Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Northwest Arkansas Economic Development District, Inc. General Improvement Fund Grant Program Grant Agreement Grantee: city of Fayetteville Grant Amount: $ 10,000.00 GRANTOR Northwest Arkansas Economic Development District, Inc. P.O. Box 190 Harrison, AR 72602.0190 Phone: 870-741.5404 Grant #: 85-117-11-13 Purpose: Economic/Tourism GRANTEE City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Phone: (479) 575.8331 1. PURPOSE This Agreement is entered into by Northwest Arkansas Economic Development District, Inc. (NWAEDD), herein referred to as Grantor, and City of Fayetteyille. Lights of the Ozarks Holiday Walk, herein referred to as Grantee. The Grantor has received General Improvement Funds from the Arkansas General Assembly to be utilized to assist local public governmental jurisdictions and/or non- profit organizations to plan, develop, promote and/or implement economic and community development projects/activities designed to improve the economic, community and/or social well-being of the citizens of Arkansas. Projects should complement the Economic and Community Development Goals and Objects of the State of Arkansas. The Grantee agrees to implement and complete a General Improvement Fund Program project in accordance with the provisions of this Agreement. 2. LEGAL AUTHORITY By signing this Agreement the Grantee certifies that it possesses legal authority to accept grant funds under the General Improvement Fund program. The act of signing will also certify that the Grantee will comply with all parts of this Agreement, and the Grantee accepts full legal responsibility for properly implementing the project described in the original grant application documents and agrees to expend funds in accordance with the original grant application form. 3. FINANCIAL MANGEMENT AND ACCOUNTING The Grantee will establish and/or maintain a financial management and accounting system, which conforms to generally accepted accounting principles and complies with requirements of the State Purchasing Law, the General Accounting and Budgetary Procedures Law, and other applicable fiscal control laws of the State of this State and regulations promulgated by the Department of Finance and Administration shall be observed in connection with the utilization of said grant funds. 4. RECORDKEEPING Grantee will maintain records of all project expenditures on file for a period of three years or until the Grantee's audit for the period in which grant funds were utilized have been conducted. The Grantor and duly authorized officials of the State will have full access and the right to examine any pertinent documents of the Grantee or persons or organizations with which the Grantee may contract, which involve transactions related to this Agreement. 5. REPORTING The Grantee agrees to provide Grantor with a final close-out report within sixty (60) days of project completion on which grant funds have been utilized, (See Attachment "A" - Closeout Form). 6. iNDENINIFICATION The Grantee agrees to follow all local and state laws and regulations. Furthermore, the Grantee agrees to hold harmless the Grantor from any and all claims, suits and actions arising from any act of omission, noncompliance or misuse of grant funds by the Grantee or any employee or agent in the performance of this Grant Agreement. 7. METHOD OF PAYMENT The Grantor shall make payment of authorized grant funds upon proper execution of this Grant Agreement by the Grantee. The Grantor reserves the right to determine the most appropriate distribution of payments, based upon the nature of the approved project. In no event will the total amount of grant funds to the Grantee for allowable expenses incurred in relation to the project exceed the amount noted on Page I of this Agreement as the Grant Amount. 8. MODIFICATIONS The Grant Agreement may be modified, at the discretion of the Grantor, only with prior written notification from the Grantee. The Grantee will be notified, in writing, of the decision of the Grantor. Approved for the Grantor M NORTHWEST ARKANSAS ECONOMIC DEVELOPMENT ISTR T, INC. J. Michael 1466ton Executive Director Date Approved for the Grantee M Date ATTACHMENT A Northwest Arkansas Economic Development District, Inc. General Improvement Fund Project Closeout I do hereby affirm that all funds awarded to this organization under the Northwest Arkansas Economic Development District's General improvement Fund Program were spent strictly in accordance with the submitted and approved proposed project. I understand that any monies not spent or not spent in accordance with the approved budget are to be repaid to NVtiIAEDD. 1 also affirm that the approved project has been completed and all payments have been made in full. As such, 1pn officially requesting the formal closure of this grant. he Hon le oneld Jordan Date Mayor f Fa tteville City of Fayetteville Lights of the Ozarks Holiday Walk Organization Notary Seal: