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228-14 RESOLUTION
RESOLUTION NO. 228-14 A RESOLUTION FOR A GENERAL STATEMENT ON TAXPAYER EMPOWERMENT AND THE PROVISION OF CORE CITY SERVICES PROVIDING THAT THE CITY OF FAYETTEVILLE WILL CONTINUE ALL SERVICES CURRENTLY PROVIDED OR PERFORMED BY PUBLIC EMPLOYEES RATHER THAN OUTSOURCING THOSE CORE PUBLIC SERVICES; AND TO OUTLINE CONTRACT TERMS TO BE UTILIZED WHEN OUTSOURCING ANY OTHER SERVICES REQUIRING UNIQUE PROFESSIONAL EXPERTISE NOT AVAILABLE FROM CITY EMPLOYEES WHEREAS, the City Council greatly appreciates and respects the City of Fayetteville Staff for their work in serving the City of Fayetteville and its residents with the limited resources that are available; and WHEREAS, the City has a long standing history of taking steps to ensure that taxpayers maintain control of critical public services and assets; and WHEREAS, the City has current contracts for certain key services that are being provided by non -City of Fayetteville private and public entities who have maintained a commitment to meeting similar requirements of public municipal governments; and WHEREAS, outsourcing core city services could undermine transparency, shared prosperity, and sustainable city goals; and WHEREAS, outsourcing core city services can reduce taxpayers' input on how to achieve City goals; and WHEREAS, the City of Fayetteville is committed to transparency and accountability to our residents in all public services provided by the City; and WHEREAS, the City Council believes it is important to memorialize through this Resolution a continued commitment to not outsourcing additional core services of the City of Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby requests that the City Administration not outsource any current in-house operations of core services, including, but not limited to, recycling and trash collection, water and sewer services; nor to increase on a permanent basis outsourcing for virtually all City departments including : accounting, legal, engineering, human resources, IT, purchasing, permitting and inspections, etc. above the City's current levels unless certain unique professional expertise or a temporary increase in outsourced work is needed for additional projects. Resolution 228-14 Page 2 Section 2: That the City Council of the City of Fayetteville Arkansas hereby requests that the City Administration ensure that, in instances when outsourcing has been determined to be needed, all contracts should: (a) be subject to Freedom of Information Act requirements as it relates to the contract with the City of Fayetteville; (b) ensure the City has proper termination rights if a contractor fails to meet performance, quality and expense requirements; (c) ensure that every contract requires the contracting company to abide by all Federal, State and Local laws; (d) if a proposed contractor has a poor record of obeying the law and development regulations or attempting to improperly evade taxes, such contractor should not be denoted as a qualified bidder for the contract; (e) ensure that outsourcing of professional services meets all statutory requirements; and (f) ensure that multi-year contracts with annual renewal options be contingent upon satisfactory performance with the right not to renew for substandard performance or other issues. PASSED and APPROVED this 16th day of December, 2014. APPROVED: By I I EL _ 1J1 N, Mayor ATTEST: By: Aa41 . 4 SONDRA E. SMITH, City Clerk/Treaooieasurera�ocr►Par a� 40VK / TSF�as ee/'. G\T Y ;1,2(:::f. FAYEnEVILLE:`: ° E:::6:73. a -9 r • a- ry` -P,�.y/'kANSp• . ...,,' 41111;11'111:61 o / •.� � City of Fayetteville, Arkansas Text File File Number: 2014-0560 113 West Mountain Street Fayetteville, AR 72701 479-575-8323 TDD - 479-521-1316 Agenda Date: 12/16/2014 In Control: City Council Agenda Number: C7. Version: 1 Status: Passed File Type: Resolution A RESOLUTION FOR A GENERAL STATEMENT ON TAXPAYER EMPOWERMENT AND THE PROVISION OF CORE CITY SERVICES PROVIDING THAT THE CITY OF FAYETTEVILLE WILL CONTINUE ALL SERVICES CURRENTLY PROVIDED OR PERFORMED BY PUBLIC EMPLOYEES RATHER THAN OUTSOURCING THOSE CORE PUBLIC SERVICES; AND TO OUTLINE CONTRACT TERMS TO BE UTILIZED WHEN OUTSOURCING ANY OTHER SERVICES REQUIRING UNIQUE PROFESSIONAL EXPERTISE NOT AVAILABLE FROM CITY EMPLOYEES WHEREAS, the City Council greatly appreciates and respects the City of Fayetteville Staff for their work in serving the City of Fayetteville and its residents with the limited resources that are available; and WHEREAS, the City has a long standing history of taking steps to ensure that taxpayers maintain control of critical public services and assets; and WHEREAS, the City has current contracts for certain key services that are being provided by non -City of Fayetteville private and public entities who have maintained a commitment to meeting similar requirements of public municipal governments; and WHEREAS, outsourcing core city services could undermine transparency, shared prosperity, and sustainable city goals; and WHEREAS, outsourcing core city services can reduce taxpayers' input on how to achieve City goals; and WHEREAS, the City of Fayetteville is committed to transparency and accountability to our residents in all public services provided by the City; and WHEREAS, the City Council believes it is important to memorialize through this Resolution a continued commitment to not outsourcing additional core services of the City of Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby requests that the City Administration not outsource any current in-house operations of core services, including, but not limited to, recycling and trash collection, water and sewer services; nor to increase on a permanent basis City of Fayetteville, Arkansas Page 1 Printed on 12/18/2014 File Number: 2014-0560 outsourcing for virtually all City departments including : accounting, legal, engineering, human resources, IT, purchasing, permitting and inspections, etc. above the City's current levels unless certain unique professional expertise or a temporary increase in outsourced work is needed for additional projects. Section 2: That the City Council of the City of Fayetteville Arkansas hereby requests that the City Administration ensure that, in instances when outsourcing has been determined to be needed, all contracts should: (a) be subject to Freedom of Information Act requirements as it relates to the contract with the City of Fayetteville; (b) ensure the City has proper termination rights if a contractor fails to meet performance, quality and expense requirements; (c) ensure that every contract requires the contracting company to abide by all Federal, State and Local laws; (d) if a proposed contractor has a poor record of obeying the law and development regulations or attempting to improperly evade taxes, such contractor should not be denoted as a qualified bidder for the contract; (e) ensure that outsourcing of professional services meets all statutory requirements; and (f) ensure that multi-year contracts with annual renewal options be contingent upon satisfactory performance with the right not to renew for substandard performance or other issues. City of Fayetteville, Arkansas Page 2 Printed on 12/18/2014 Legistar ID No.: 2014-0560 AGENDA REQUEST FORM FOR: COUNCIL MEETING OF December 16, 2014 FROM: CITY COUNCIL MEMBER Alan Long ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION FOR A GENERAL STATEMENT ON TAXPAYER EMPOWERMENT AND THE PROVISION OF CORE CITY SERVICES PROVIDING THAT THE CITY OF FAYET I'EVILLE WILL CONTINUE ALL SERVICES CURRENTLY PROVIDED OR PERFORMED BY PUBLIC EMPLOYEES RATHER THAN OUTSOURCING THOSE CORE PUBLIC SERVICES; AND TO OUTLINE CONTRACT TERMS TO BE UTILIZED WHEN OUTSOURCING ANY OTHER SERVICES REQUIRING UNIQUE PROFESSIONAL EXPERTISE NOT AVAILABLE FROM CITY EMPLOYEES APPROVED FOR A,Ip NDA: AlW I' ember Alan Long City Attorney Kit Williams (as to form) /z-©9 -/y Date Date From: To: Subject: Date: Attachments: Williams. Kit Mulford, Patti FW: RESOLUTION -Outsourcing-Draft.doc Tuesday, December 02, 2014 10:54:18 AM RES - ALDERMAN LONG - Outsourcing Leaislation - Attempted Draft.doc ATT00001.txt Kit Williams Fayetteville City Attorney 479.575.8313 Original Message From: Longward4@gmail.com [mailto:longward4@gmail.com] Sent: Tuesday, December 02, 2014 10:48 AM To: Williams, Kit; Pennington, Blake Cc: Marr, Don Subject: RESOLUTION -Outsourcing -Draft.doc Kit, I would like to move forward with this for the upcoming agenda. Please leave a space for the mayor to sign if he is willing to co-sponsor this. RESOLUTION NO. A RESOLUTION FOR A GENERAL STATEMENT ON TAXPAYER EMPOWERMENT AND THE PROVISION OF CORE CITY SERVICES PROVIDING THAT THE CITY OF FAYETTEVILLE WILL CONTINUE ALL SERVICES CURRENTLY PROVIDED OR PERFORMED BY PUBLIC EMPLOYEES RATHER THAN OUTSOURCING THOSE CORE PUBLIC SERVICES; AND TO OUTLINE CONTRACT TERMS TO BE UTILIZED WHEN OUTSOURCING ANY OTHER SERVICES REQUIRING UNIQUE PROFESSIONAL EXPERTISE NOT AVAILABLE FROM CITY EMPLOYEES WHEREAS, the City Council greatly appreciates and respects the City of Fayetteville Staff for their work in serving the City of Fayetteville and its residents with the limited resources that are available; and WHEREAS, the City has a long standing history of taking steps to ensure that taxpayers maintain control of critical public services and assets; and WHEREAS, the City has current contracts for certain key services that are being provided by non -City of Fayetteville private and public entities who have maintained a commitment to meeting similar requirements of public municipal governments; and WHEREAS, outsourcing key core city services can undermine transparency, shared prosperity, competition and accountability; and WHEREAS, outsourcing means taxpayers have very little say over how tax dollars are spent and no say on actions taken by private companies that control our public services; and WHEREAS, the City of Fayetteville is committed to transparency and accountability to our residents in all public services provided by the City; and WHEREAS, the City Council believes it is important to memorialize through the Council's actions a continued commitment to not outsourcing core services of the City of Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby requests that the City Administration not outsource any current in-house operations of core services, including, but not limited to, recycling and trash collection, water and sewer services; nor to increase outsourcing for virtually all City departments including : accounting, legal, engineering, human resources, IT, purchasing, permitting and inspections, etc. above the City's current levels or as certain unique professional expertise is needed. Section 2: That the City Council of the City of Fayetteville Arkansas hereby requests that the City Administration ensure that in instances when outsourcing has been determined to be needed due to certain unique professional expertise needs; that all contracts be: a.) subject to Freedom of Information Act requirements as it relates to the contract with the City of Fayetteville; b.) that the outsource providers pay a prevailing wage and provide benefits to their employees; c.) that every contract includes language that allows the City to cancel contracts if the contracting company does not meet the promised performance, quality and/or cost savings promised; d.) that every contract requires the contracting company to abide by all Federal, State and Local laws, and ensure that the City will prohibit any company that has evaded taxes or broken the law from taking over public services; e.) outsourcing of certain unique professional expertise needs must utilize a selection process in accordance with City of Fayetteville purchasing procedures and policies (including competitive bidding where required); and f.) within the discretion of the Mayor or by City Council resolution, automatic renewal options of outsourcing contracts may be granted; however, automatic renewals of outsourcing contracts should be minimized to ensure that competitive pricing for services is maintained. PASSED and APPROVED this 16th day of December, 2014. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer