Loading...
HomeMy WebLinkAbout124-01 RESOLUTIONRESOLUTION NO. 124-01 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF FAYEI1'LVILLE AND THE FAYETTEVILLE ADVERTISING AND PROMOTION COMMISSION WHEREIN THE CITY AGREES TO OPERATE THE PARKING DECK AT THE FAYETTEVILLE TOWN CENTER IN EXCHANGE FOR THE USE OF FORTY (40) PARKING SPACES, AND LIMITING SAID AGREEMENT TO A PERIOD NOT TO EXCEED SIX (6) MONTHS FROM THE DATE OF ITS EXECUTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby Approves an agreement between the City of Fayetteville and the Fayetteville Advertising and Promotion Commission wherein the City agrees to operate the parking deck at the Fayetteville Town Center in exchange for the use of forty (40) parking spaces. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That said agreement is limited in duration to a period not to exceed six (6) months from the date of its execution. Section 3. That the City Council authorizes the Mayor to sign said agreement with the Fayetteville Advertising and Promotion Commission. < c r f rr PASSED AND APPROVED this 4th day of September, 2001. ATTEST: APPROVED: By: /6/4v( el%0d EATHER WOODRUFF, City Clerk DAN COODY, Mayor NAME OF FILE: CROSS REFERENCE: Resolution No. 124-01 • 09/04/01 Resolution No. 124-01 08/13/01 Agreement with the Fayetteville Advertising and Promotion Commission, operating as the Fayetteville Town Center 08/13/01 Departmental Correspondence to Mayor Dan Coody from Sharon Crosson, Utilities Manager, regarding request for approval of Agreement with A & P Commission Staff Review Form 09/13/01 Departmental Memo to Marilyn Johnson, Town Center, from Heather Woodruff, City Clerk NOTES: • • RESOLUTION NO. A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF FAYE Il'LVILLE AND THE FAYEIIEVILLE ADVERTISING AND PROMOTION COMMISSION WHEREIN THE CITY AGREES TO OPERATE THE PARKING DECK AT THE FAYE II EVILLE TOWN CENTER IN EXCHANGE FOR THE USE OF FORTY (40) PARKING SPACES, AND LIMITING SAID AGREEMENT TO A PERIOD NOT TO EXCEED SIX (6) MONTHS FROM THE DATE OF ITS EXECUTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby Approves an agreement between the City of Fayetteville and the Fayetteville Advertising and Promotion Commission wherein the City agrees to operate the parking deck at the Fayetteville Town Center in exchange for the use of forty (40) parking spaces. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That said agreement is limited in duration to a period not to exceed six (6) months from the date of its execution. Section 3. That the City Council authorizes the Mayor to sign said agreement with the Fayetteville Advertising and Promotion Commission. PASSED AND APPROVED this day of September, 2001. ATTEST: By: Heather Woodruff, City Clerk APPROVED: By: DAN COODY, Mayor 0 . • Res. 124-01 c ORIGINAL AGREEMENT This Agreement, made and entered into this 13th day of August 2001, by and between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called the City, and the Fayetteville Advertising and Promotion Commission, operating as the Fayetteville Town Center, hereinafter called the Commission. WITNESSETH, IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: 1. This agreement shall remain in full force and effect for an initial term of six (6) months from the above date. Upon completion of the initial term, the needs of the parties shall be re-evaluated. 2. This agreement is for an exchange of services between the parties. The City agrees to manage the parking deck at the Town Center, with duties to include: a. Preparing lease agreements for customers desiring to lease parking deck spaces. b. Billing customers either monthly or quarterly, and receiving customer lease payments. c. Removing any and all moneys and tokens from the auto cashier machine and transferring custody and control of such directly to authorized Commission personnel d. Providing an accounting of all revenues received through the parking lease program and the auto cashier machine on a monthly basis. e. Programming and distributing parking cards, and maintaining the associated customer accounts. f. Notifying customers of "Event Days" when parking cards cannot be used to access the parking deck. Providing cardholders with information on alternative parking during "Event Days," as well as providing them with hang tags, tokens, or other supplies needed Page Two g. • • Res. 124-01 ORIGINAL for alternative parking (as stated in the attached "Procedures for Alternative Parking on Event Days"). Providing routine maintenance on gates, card readers, auto cashier machine, credit card reader, etc., provided that any costs and expenses incurred for vendor -provided equipment maintenance shall be borne by the Commission. Additionally, all costs and expenses incurred for the purchase of equipment and supplies for the operation of the parking deck shall be borne by the Commission, provided that such purchases have the prior approval of a designated representative of the Commission. h. Attending the auto cashier machine in a diligent and timely manner to ensure the coin hopper has a sufficient number of coins to provide correct and sufficient change to customers. i. Taking customer calls and complaints concerning the parking deck. 3. In exchange for these services, the Commission agrees to provide forty (40) parking spaces on the deck to be used by employees of the City of Fayetteville, provided that: a. The City agrees to abide by the same rules that apply to the other customers leasing spaces on the deck. b. The City agrees to allocate parking cards only to city employees. c. The City shall expend its best efforts to discourage nighttime parking, as the Town Center frequently holds nighttime events. d. The City shall encourage employees to park towards the west end of the deck, leaving spaces closest to the elevators open for customer parking. 4. The Commission shall be responsible for all collection actions associated with delinquent accounts, provided that the City shall be responsible for informing the Commission of such accounts in a timely manner. 5. Neither party may assign any of its rights or obligations under this agreement, without the express written consent of the other. Page Three • • Res. 124-01 ORIGINAL 6. The parties agree and understand that this Agreement is exclusive of any and all other agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such agreements. 7. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of any other breaches by either party. 8. This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this agreement shall be valid unless made in writing and signed by the duly authorized agents of the City and the Commission. IN WITNESS WHEREOF, the City and the Commission have executed this Agreement on or as of the date first written above. AA eat 'r oo • ff, City Clerk ATTEST: By: CITY OF FAYETTEVILLE 4944,4 4067 Dan Coody, Mayor ADVERTISING AND P • • • AGREEMENT This Agreement, made and entered into this day of 2001, by and between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called the City, and the Fayetteville Advertising and Promotion Commission, operating as the Fayetteville Town Center, hereinafter called the Commission. WITNESSETH, IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: 1. This agreement shall remain in full force and effect for an initial term of six (6) months from the above date. Upon completion of the initial term, the needs of the parties shall be re-evaluated. This agreement is for an exchange of services between the parties. The City agrees tom t e parking deck at the Town Center, with duties to include: DP a. Preparing lease agreements for customers desiring to lease parking deck spaces. b. Billing customers either monthly or quarterly, and receiving customer lease payments. c. Removing any and all moneys and tokens from the auto cashier machine and transferring custody and control of such directly to authorized Commission personnel. d. Providing an accounting of all revenues received through the parking lease program and the auto cashier machine on a monthly basis. e. Programming and distributing parking cards, and maintaining the associated customer accounts. f. Notifying customers of "Event Days" when parking cards cannot be used to access the parking deck. Providing cardholders with information on alternative parking during "Event Days," as well as providing them with hang tags, tokens, or other supplies needed • g. • • for alternative parking (as stated in the attached "Procedures for Alternative Parking on Event Days"). Providing routine maintenance on gates, card readers, auto cashier machine, credit card reader, etc , provided that any costs and expenses incurred for vendor -provided equipment maintenance shall be borne by the Commission. Additionally, all costs and expenses incurred for the purchase of equipment and supplies for the operation of the parking deck shall be borne by the Commission, provided that such purchases have the prior approval of a designated representative of the Commission. h. Attending the auto cashier machine in a diligent and timely manner to ensure the coin hopper has a sufficient number of coins to provide correct and sufficient change to customers. i. Taking customer calls and complaints concerning the parking deck. 3. In exchange for these services, the Commission agrees to provide forty (40) parking spaces on the deck to be used by employees of the City of Fayetteville, provided that: a. The City agrees to abide by the same rules that apply to the other customers leasing spaces on the deck. b. The City agrees to allocate parking cards only to city employees. c. The City shall expend its best efforts to discourage nighttime parking, as the Town Center frequently holds nighttime events. d. The City shall encourage employees to park towards the west end of the deck, leaving spaces closest to the elevators open for customer parking. 4. The Commission shall be responsible for all collection actions associated with delinquent accounts, provided that the City shall be responsible for informing the Commission of such accounts in a timely manner. Neither party may assign any of its rights or obligations under this agreement, without the express written consent of the other. • • 6. The parties agree and understand that this Agreement is exclusive of any and all other agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such agreements. 7. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of any other breaches by either party. This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this agreement shall be valid unless made in writing and signed by the duly authorized agents of the City and the Commission. IN WITNESS WHEREOF, the City and the Commission have executed this Agreement on or as of the date first written above. ATTEST: Heather Woodruff, City Clerk ATTEST: By: CITY OF FAYETTEVILLE Dan Coody, Mayor ADVERTISING AND PROMOTION COMMISSION By: • FAYETTEVALLE THE CITY OF FAYETTEVIIIE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • TO: Mayor Dan Coody FROM: Sharon Crosson, Utilities Manager DATE: August 13, 2001 SUBJECT: Request for Approval of Agreement with A & P Commission Staff recommends the approval of the attached Agreement with the Fayetteville Advertising and Promotion Commission. The Agreement provides that the A & P will afford the city 40 parking spaces in the Town Center parking deck in exchange for operations and management services of the deck. The contract term is for 6 months, at which time we will revisit the issue and make changes accordingly. When the construction of the Town Center began, the project displaced parking for 40 city employees by allowing the parking areas to be used for storage of construction materials. The 40 employees were relocated to a lot on Spring Street by utilizing the Park -N -Ride program. Now that the construction has ended, we had hoped to regain parking areas that we previously used. However, I have found that due to current ordinances, these parking areas may not be reused until the lot(s) are paved, curbed, and sidewalks installed In light of the fact that the Park -N - Ride program cost the City over $2,400 per month, it was decided to discontinue this program and find alternative parking. Therefore, until we resolve the issue of regaining use of our original parking areas, the City is in immediate need of 40 parking spaces At the July 9th A & P Commission meeting, the A & P asked the City of Fayetteville to provide management of the Town Center parking deck. The City already has the staff, expertise, equipment, and billing system in place to accommodate this service. Therefore, we decided to propose an even exchange of our services for 40 spaces in the deck. I feel that this Agreement serves the best interest of both entities by providing the immediate needs of both. I request approval of this contract and we will review it again in 6 months. Thank you for your consideration. /sic Attachment C C • • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: City Council THRU: Mayor Dan Coody Gary Dumas FROM: Sharon Crosson, Utilities Manager DATE:August 29, 2001 of SUBJECT: Additional Information on Town Center Parking Deck At a July meeting of the Advertising and Promotion Commission, the City was asked to consider operating the Town Center Parking deck, due to the fact that the City already handles all other downtown parking and has the personnel, expertise, and equipment in place. The City would provide for the basic operational needs of the Parking Deck. The details of that service are specifically outlined in the Resolution associated with this item. The compensation to the City for this service will be the use of 40 parking spaces in the Town Center Parking Deck. These 40 spaces will be used for employee parking to relieve parking congestion around the City Hall. The City provides parking to employees and this is an effort to continue to provide that off-street alternative to help maintain the retail and office customer parking around the square. A totally separate issue is the decision of the A&P Commission to provide 50 spaces in the Town Center Parking Deck for monthly leasing. These spaces lease for $50.00 per month. The Town Center Parking Deck has 220 parking spaces. The Off -Street Parking District has requested that the A&P Commission reconsider the 50 -lease limit. The City may wish to make a similar request, but it may be prudent to allow the downtown parking to return to equilibrium in the next 30 to 45 days, following the opening of the Town Center and the removal of the construction material storage and construction employees from the downtown area Additionally, the staff will be reporting back to Council on the results of a series of meeting with downtown parking interests within the next 30 days. The results should lead to programs that will free on -street downtown parking for customers' use. STAFF REVIEW FORM AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of FROM: Sharon Crosson Name Parking Management Utility Services Division Department ACTION REQUIRED: Approval of Agreement between the City of Fayetteville and the Fayetteville A & P Commission for the City to operate and manage the Town Center deck in exchange for 40 parking spaces. COST TO CI %t.00c - w 4JWcc Qz1.miK $7.0.00 ua Cost of this Request Account Number Project Number Category/Project Budget Category/Project Name Funds Used To Date Program Name S Remaining Balance Fund BUDGET REVIEW: cre anaaer Budgeted Item Budget Adjustment Attached Administrative Services Director CC6 RACT/G cc opting Man /LEASE REVIEW: GRANTING AGENCY: ager ' Ct.Lo ,pua gl is CilDate Internaltor Date City Atorney Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Approval of 6 month contract. Division i- L 1s c ‘ L -o/ • �e artmen• Director toQ�� Administrat ve Services Director Mayor C:\DATA\BLANKFOR\AGENDA.BLK Date Date J� tDate Cross Reference New Item: Yes No Prey Ord/Res #: Orig Contract Date: Orig Contract Number: SI Rt. Fo • • SFAFF WIN FORA Description Meeting Date Consents: Budget Coordinator Reference Conants: Page 2 A ting Manager L' da.irr ct(aA oat✓ Wait rweQO L.ti.aocl cda �r2 City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVitLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Marilyn Johnson, Town Center r From: Heather Woodruff, City Clerk c Date: September 13, 2001 Attached is a copy of Resolution No. 124-01 approving an agreement with the Fayetteville Advertising and Promotion Commission within the City agrees to operate the parking deck at the Fayetteville Town Center in exchange for the use of forty parking spaces and a copy of the agreement. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Sharon Crosson, Utilities Management