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HomeMy WebLinkAbout138-01 RESOLUTION• • RESOLUTION NO. 138-01 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF FAYE11hVILLE AND THE DOWNTOWN DICKSON ENHANCEMENT PROJECT (DDEP) IN THE AMOUNT OF THIRTY-FIVE THOUSAND DOLLARS ($35,000.00) TO PROVIDE PLANNING, DESIGN, AND ECONOMIC DEVELOPMENT SERVICES FOR THE DESCRIBED AREA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a contract between the City of Fayetteville and the Downtown Dickson Enhancement Project (DDEP) in the amount of Thirty -Five Thousand Dollars ($35,000.00) to provide planning, design, and economic development services for the described area. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the City Council authorizes the Mayor to sign said agreement with the Downtown Dickson Enhancement Project. PASSED AND APPROVED this 16th day of October, 2001. ckYEIr � r ri/ ti. ATTEST: BY / t L .� EATHER 'OODRUFF, City Jerk APPROVED: By: NAME OF FILE: CROSS REFERENCE: Resolution No. 138-01 • 10/16/01 Resolution No. 138-01 10/16/01 Contract for Services with Downtown/Dickson enhancement Project, Inc. (DDEP) 02/13/98 Letter from Internal Revenue Service District Director, Cincinnati, OH, to Downtown Dickson Enhancement Project, Inc. 10/04/01 Memo to Mayor Coody & Fay. City Council from Hugh Earnest, Urban Dev. Director, regarding contract for services with DDEP 10/16/01 Staff Review Form 10/29/01 Memo to Hugh Earnest, Urban Dev. Director, from Heather Woodruff, City Clerk NOTES: RESOLUTION NO. 120-94 A RESOLUTION OF SUPPORT FOR THE NEIGHBORHOOD COMMERCIAL DISTRICT REVITALIZATION OF DICKSON STREET AS A CRUCIAL PART OF THE OVERALL WELL BEING OF THE CITY OF FAYETTEVILLE AND APPROVAL OF ENTRY IN THE GREAT AMERICAN MAIN STREET AWARDS COMPETITION. WHEREAS, the economic health and cultural vibrancy of Dickson Street is crucial to the overall well-being of the City of Fayetteville; and WHEREAS, the City of Fayetteville wholeheartedly supports and, through it financial contributions to the revitalization effort, materially participates in efforts to revitalize Dickson Street; and WHEREAS, the City of Fayetteville believes that Dickson Street revitalization efforts in Fayetteville represent a major economic and cultural asset for the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City of Fayetteville fully supports this entry into the Great American Main Street Awards Competition. PASSED AND APPROVED this 4th day of October , 1994. ATTEST: By: Traci Paul, City Clerk APPROVED: By: 441 / 'b?kr� Fr Hanna, Mayor • . Res. 138-01 CITY OF FAYETTEVILLE CONTRACT FOR SERVICES This Agreement is entered into on this ter day of 4' ,014 between the City of Fayetteville, hereinafter known as the "City" and Downtown/Dickson Enhancement Project, Inc., hereinafter known as "DDEP," an Arkansas not-for-profit corporation. WHEREAS preserving and enhancing the historic core of the City benefits Fayetteville through increased tax revenue and an exceptional quality of life. WHEREAS the City has determined that a public need exists for convenient access to transportation and parking along with safe and inviting pedestrian linkages between downtown Fayetteville commercial, civic and residential areas more specifically illustrated by the DDEP area shown in Exhibit A. WHEREAS DDEP has developed an organization to develop and implement a master plan to enhance and promote the vitality, further development and marketing of the Downtown/Dickson Area. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and DDEP agree as follows: 1. This Agreement will begin on the date first written above. 2. Downtown/Dickson Enhancement Project, Inc (DDEP) agrees to perform the following services for the City of Fayetteville: a. Develop and submit to the Fayetteville Planning Commission and the Fayetteville City Council for approval no later than September 1, 2002, streetscape and sidewalk master plan and design standards for the described area, At the City's request, find or investigate possible grant and other funding sources to implement streetscape enhancements for the described area, c. Submit all grant applications to the City for City approval which require matching City funds or require future City funding for maintenance or operation expenses prior to submitting the grant application to the granting agency, d. Assist the City, as requested, in developing plans for mitigating parking and traffic flow issues for the described area, e. Assist in maintaining the economic vitality of the described area by actively assisting existing businesses in customer and tenant retention promoting the area to potential new businesses and tenants, Page 1 of 3 Co Do Dia • • Res. 138-01 f. Develop a biennial market analysis, with City assistance and support, of the described area that tracks business and residential changes within the described area. The first market analysis is due on March 31, 2002 and subsequent analysis on a biennial basis no later than March 31 of those years; the City and DDEP agree that the first analysis will address current and projected parking needs in the described area, g. Coordinate services and activities, in the described area, as requested by the City, with the Dickson Street Improvement District, PRIDE in Dickson Street (Springfest), the Off Street Parking District, and Auumnfest to provide coordinated services, 3. DDEP agrees to provide written annual reports to the City that describes the activities undertaken during the preceding period on the services performed pursuant to paragraph 2 and also report on the following performance measures: net business addition/retention, retail occupancy rate, and festival participation. The written annual report is to be submitted to the Project Coordinator by October 31 for the preceding year. The data will be reported for the current year-to-date and prior year-to-date. 4. To make available all records for review by the City and City auditors as requested, and to provide the City with an annual audit performed by a certified public accountant licensed by the State of Arkansas. DDEP agrees to comply with the Arkansas Freedom of Information Act as applicable. 5. For the purpose of this Agreement, the Project Coordinator for the City will be the City Urban Development Director or his/her designee. The Project Coordinator for DDEP will be DDEP Executive Director Bootsie Ackerman or her successor or designee. Communications pertaining to this agreement will be through the respective Project Coordinators for the City and DDEP. 6. Terms of Performance. The term of performance for this agreement will expire December 31, 2001 and may be extended for an additional three years subject to approval of a budget containing funding for the service. 7. DDEP will hold harmless, defend, and indemnify the City, from any and all claims, actions, suits, charges and judgements whatsoever that arise out of the performance or nonperformance of the services or subject matter in this Agreement. 8. Budget. The City agrees to pay and DDEP agrees to accept as payment in full for its services $35,000.00 for 2001. It is understood that this amount represents a fraction of the value of these services. The amounts to be paid for services in future budget years are dependent on the amounts appropriated by City Council for each budget year. 9. DDEP must provide and maintain in force at all times during the term of the contract insurance for worker's compensation, commercial general liability, and automobile liability, if required by state statute. Such policies shall be issued by companies authorized to do business in the State of Arkansas. Minimum amounts required for commercial general liability and automobile liability are $1,000,000. Page 2 of 3 • • Res. 138-01 10. For any work sublet, DDEP shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under worker's compensation insurance, DDEP shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. 11. A certificate of insurance addressed to the City listing the above coverages is to be submitted with contract approval. The premiums for all insurance required herein shall be paid by DDEP. 12. DDEP will render to the City, a Request for Payment at the end of each month and the City will pay the invoice within thirty days of receiving the invoice in the City's Accounting Division. 13. Notices. All notices required or permitted under this agreement will be submitted in writing to the other party in this agreement by certified mail, return receipt requested, which notice will be effective three (3) days after deposit therein addressed to the following: City of Fayetteville Downtown/Dickson Enhancement Project, Inc Dan Coody, Mayor President 113 West Mountain St. P. 0. Box 3573 Fayetteville, AR 72701 Fayetteville, AR 72702 14. Tax Exempt Status: Attached hereto and ade art hereof is a copy of the correspondence from the Internal Revenue Service dated 0.2 /398 confirming the 501(c)(3) tax exempt status of the Downtown/Dickson Enhancem nt Project, Inc. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. Downtown/Dickson Enhancement Project, Inc. City_ f Fayettev Ile R. Foster, President Qn b0A m4, eted By: Page 3 of 3 Dan Coody, At es ed By: • INTERNAL REVENUE SERVICE DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 45201 Date: FEB 13 1998 DOWNTOWN DICKSON ENHANCEMENT PROJECT INC ONE WEST MOUNTAIN ST FAYETTEVILLE, AR 72701 • DEPARTMENT OF THE TREASURY Employer Identification Number: 71-0800252 DLN: 17053015122008 Contact Person: ' D. A. DOWNING Contact Telephone Number: (513) 241-5199 Accounting Period Ending: December 31 Foundation Status Classification: 509(a) (1) Advance Ruling Period Begins: February 28, 1997 Advance Ruling Period Ends: December 31,'2001 Addendum Applies: No Dear Applicant: Based on information you supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt sfrom federal ederal income described in section under section ion(501(a) of the Internal Revenue Code as an Because you are a newly created organization, we are not now making a final n However, we haveidetermined thatdyouocanstatus section reasonably expectto0beaCode. a publicly supported organization described in sections 509(a)(1) and 170(b)(1)(10 (vi). Accordingly, during an advance ruling period you will be treated as a publiclly supportepod irganization, and not sifoundation. This advance ruling peribegins and ends on the dates shownabove. Within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, we will classi- fy you as a section 509(a)(1) or 509(a)(2) organization as long ea you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, we will classify you as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end of your.advance ruling period. If you send us the required information within the 90 days, grantors and contributors may continue to rely on the advance determination until we make a final determination of your foundation status. If we publish a notice in the internal Revenue Bulletin stating that we Letter 1045 (D0/CO) Lc IR 02 • • -2- DOWNTOWN DICKSON ENHANCEMENT will no longer treat you as a publicly supported organization, grantors and contributors may not rely on this dete einatioasas fter erbthe eldatepwerate we publishathe nnotice. In addition, if you lose your zation, and a grantor or contributor was responsible for, or was aware of, the act or failure to act, that resulted in your loss of such status, that person may not rely on this determination from the date of the act or failure to act. Also, if a grantor or contributor learned that hgiven notice ceithatoyou atiwe would be removed from classification as a publicly supported n, then that person may not rely on this determination as of the date he or she acquired ouch knowledge. If you change your sources of support, your purposes, character, or method of operation, please let us know so we can consider the effect of the change on your exempt status and foundation status. If you amend your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, let us know all changes in your name or address. As of January 1, 1984, you are liable for social security taxes under the Federal Insurance Contributions Act on amounts of $100 or more you pay to each of your unetthoyees FrTax calendar eAct (FUTAjre not liable for the tax imposed under he Federal Unemployment Organizations that are not private foundations are not subject to the pri- vate foundation excise taxes under Chapter 42 of the Internal Revenue Code. However, you are not automatically exempt from other federal excise taxes. If you have any questions about excise, employment, or other federal taxes, please let us know. Donors may deduct contributions to you as provided in section 170 of the Internal Revenue Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Donors may deduct contributions to you only to the extent that their contributions are gifts, with no consideration received. Ticket purchases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circumstances. Renue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives guidelines regarding when taxpayers may deduct payments for admission to, or other participation in, fundraising activities for charity. You are not required to file Form 990, Return of Organization Exempt From Income Tax, if your gross receipts each year are normally $25,000 or less. If you receive a Form 990 package in the mail, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $20 a day is charged when a return is filed late, unless there is reasonable cause for Letter 1045 (DO/CO) • • DOWNTOWN DICKSON ENHANCEMENT the delay. However, the maximum penalty charged cannot exceed $10,000 or 5 percent of your gross receipts for the year, whichever is less. Fore penalty organizations with gross receipts exceeding $1,000,000 in any year, is $100 per day per return, unless there is reasonable .cause for the delay. The maximum penalty for an organization with gross receipts exceeding $1,000,000 shall not exceed $50,000. This penalty may also be charged if a return is not complete. So, please be sure your return is complete before you file it. You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter me are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You are required to make your annual return available for public inspection for three years after the return is due. You are also required to make ie� exemp tion oany padocuments, and this exmptionletter. Failutomathesedocumentsvailablefo public inspection may subject you to a penalty of $20 per day for each day there is a failure to comply (up to a maximum of $10,000 in the case of an annual return). You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, we will assign ufiyou advise oit. Please that nur on all returns you file andall correspndencewiththeInternalRevee Service. If we said in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help us resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. if you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, Enclosure(s): Form 872-C eri D strict Director Letter 1045 (DO/CO) FAYETTEViLLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Mayor Dan Coody Fayetteville City Council From: Hugh Earnest Urban Development Director Date: October 4, 2001 Re: Contract for Services with Downtown Dickson Enhancement Project Background The city is in the process of negotiating contracts detailing the services to be provided by various entities that receive financial assistance from the city on some agreed upon basis. Securing contracts of this nature meet the legal requirements involving the purchase of services expected when public monies are involved. In addition, these documents will serve as an excellent tool between the parties by requiring both to negotiate the terms and conditions governing the services purchased. Current Status The contract being forwarded to the council for their consideration is between the DDEP board and the city. It has been negotiated between city staff and representatives of the board. The contract lists the reports expected by the city and commits city staff to assist in the development of certain other reports and cooperative efforts. The document clearly states that the appropriation for this year is $35,000 and that any future year appropriation depends on action by the city council. Recommendation This contract is in the best interests of both parties and its approval is recommended. E • STAFF REVIEW FORM Agenda Request X Contract Review Grant Review For the Fayetteville City Council meeting of October 16, 2001 • FROM: Hugh Earnest Name Urban Development Urban Development Division Department ACTION REQUIRED: A Resolution approving the contract for services between the City of Fayetteville and the Downtown Dickson Enhancement Project. COST TO CITY: $0 $ 35, coo Cost of this Request Category/Project Budget Category/Project Name Account Number Project Number Funds Used to Date $ -p % It Scel e_utc� Program Name 4e sie c cQ Remaining Balance Fund BUDGET REVIEW: Budgeted Item _Budget Adjustment Attached Budge Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date ADA Coordinator Date City Att6mey Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Approval of the Resolution and Budget Adjustment Cross Reference Division Head ailme t Dircctor Admin'_trative Servic-s Direc or Date q- 2g -D% Date , New Item. Yes No 10/ Date Date Prev Ord/Res #: Orig Contract Date: St Rt. Fc Page 2 • • STAFF REVIEW FORM Description Meeting Date Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVI4,LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Hugh Eamest, Urban Development Director From: Heather Woodruff, City Clerk Date: October 29, 2001 Attached is a copy of the completed staff review form and Resolution No. 138-01 approving a contract with the Downtown Dickson Enhancement Project to provide planning, design and economic development services for the described area. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Steve Davis, Budget & Research M C