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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 169-15
File Number: 2015-0412
ECONOMIC DEVELOPMENT CONSULTING SERVICES:
A RESOLUTION TO APPROVE A SIX (6) MONTH EXTENSION TO THE CONTRACT
WITH THE FAYETTEVILLE CHAMBER OF COMMERCE FOR ECONOMIC
DEVELOPMENT CONSULTING SERVICES IN THE AMOUNT OF $82,500.00 AND TO
APPROVE A BUDGET ADJUSTMENT
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 approves a six (6)
month extension to the contract with the Fayetteville Chamber of Commerce for economic
development consulting services in the amount of $82,500.00.
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 Resolution.
PASSED and APPROVED on 9/15/2015
Attest: _�: FAYETTEVILLE;
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Sondra E. Smith, City Clerk Treasurer
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Page 1 Printed on 9/17/15
City of Fayetteville, Arkansas 113 West Mountain Street
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Fayetteville, AR 72701
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Text File
File Number: 2015-0412
Agenda Date: 9/15/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 14
ECONOMIC DEVELOPMENT CONSULTING SERVICES:
A RESOLUTION TO APPROVE A SIX (6) MONTH EXTENSION TO THE CONTRACT WITH
THE FAYETTEVILLE CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT
CONSULTING SERVICES IN THE AMOUNT OF $82,500.00 AND TO APPROVE A BUDGET
ADJUSTMENT
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 approves a six (6) month
extension to the contract with the Fayetteville Chamber of Commerce for economic development
consulting services in the amount of $82,500.00.
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 Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 911812015
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
Legistar File ID
9/15/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/28/2015 Development Services /
_ Development Services Department
Submitted Date Division / Department
Action Recommendation:
A resolution to approve a contract extension with the Fayetteville Chamber of Commerce for Economic
Development Services for a period of six months, to allow for the City to perform an update to the Economic
Development Strategic Plan, and approval of a budget adjustment.
Budget Impact:
1010.6600.5315.00 General Fund
Account Number Fund
59027-901 Contract Services
Project Number
Project Title
Budgeted Item?
No
Current Budget
$ -
Funds Obligated
$ -
Current Balance
Does item have a cost?
Yes
Item Cost
$ 82,500.00
Budget Adjustment Attached?
Yes
Budget Adjustment
$ 82,500.00
Remaining Budget
$ _
V20140710
Previous Ordinance or Resolution #
5620
Original Contract Number:
Comments:
Approval Date:
CITY OF
"Fay le
ARKANSAS
MEETING OF SEPTEMBER 15, 2015
TO: Fayetteville City Council
THRU: Mayor Lioneld Jordan
CITY COUNCIL AGENDA MEMO}
FROM: Jeremy Pate, Development Services Director
DATE: August 28, 2015
SUBJECT: Economic Development Contract for Services - Extension
RECOMMENDATION:
Staff recommends a six-month contract extension with the Fayetteville Chamber of Commerce
for economic development consulting services, in order for the City to conduct an update to our
Economic Development Strategic Plan and not have a gap in services.
BACKGROUND:
The Fayetteville Chamber of Commerce was selected by the City Council through a competitive
bidding process in 2009 to perform economic development consulting services. The City defined
specific focus areas, work tasks and deliverables for the Chamber to achieve as part of the
contract. In 2013, due to the success of the services provided, the City Council chose to waive
the competitive bidding process and again approve a contract with the Chamber of Commerce,
under virtually the same terms. This contract (attached) expires on September 16, 2015, though
the Council has the ability to extend for an additional two years without bidding it out.
DISCUSSION:
Recent discussions with Council members, both during economic development updates over the
past two years and at input sessions called by the Mayor in the past few weeks, indicate there is
a desire for the City to update its Strategic Plan as it relates to economic development. The Mayor
agrees with this direction, and has prepared an RFP calling for proposals to conduct a strategic
plan update. Typically these plans take several months to complete. In order to not have a gap in
our economic development services, data collection and reporting, it is the Mayor's
recommendation to extend the contract for consulting services with the Chamber of Commerce
under the same terms for a period of six months. This amount of time is proposed to coincide with
quarterly reporting as our current contract is structured, and it will hopefully provide the time
necessary to conduct a strategic planning process. It is currently the intent for the City to
competitively bid economic development consulting services once the strategic plan update has
been adopted.
BUDGET/STAFF IMPACT:
Under the same terms as the current contract, an extension for a six-month period has an
$82,500 budget impact. Staff proposes a budget adjustment in this amount to be taken from the
use of Designated Fund Balance, which is from the proceeds of the sale of Wilson Springs.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
Proposed Contract and Attachments
Current Contract for Services
CONTRACT FOR
ECONOMIC DEVELOPMENT CONSULTING SERVICES
BETWEEN
• THE CITY OF FAYETTEVILLE, ARKSNSAS
AND
THE FAYETTEVILLE CHAMBER OF COMMERCE
WHEREAS, the City of Fayetteville, Arkansas wishes to contract for Economic Development
Consulting Services, and;
WHEREAS, the Fayetteville, Arkansas Chamber of Commerce wishes to provide Economic
Development Consulting Services to the City of Fayetteville, Arkansas, and;
WHEREAS, the Fayetteville, Arkansas Chamber of Commerce was initially selected to perform
Economic Development Consulting Services for the City of Fayetteville utilizing the competitive
Request for Proposal selection process in 2009 (via RFP 09-14, Economic Development
Consulting Services), and;
WHEREAS, the City Council of Fayetteville, Arkansas has waived competitive bidding and
approved a contract for Economic Development Consulting Services with the Fayetteville,
Arkansas Chamber of Commerce, and;
WHEREAS, the City of Fayetteville, Arkansas wishes to extend the same contract for consulting
services for a period of six months while performing an update to the City's Economic
Development Strategic Plan,
NOW THEREFORE:
In consideration of the mutual promises contained in this Agreement and other good and
valuable consideration, �1 �
1. Agreement is made this __ day of v 1,/ 2015 by and between the City of
Fayetteville, Arkansas located at 113 W. Mountain, Fayetteville, Arkansas 72701 and the
Fayetteville, Arkansas Chamber of Commerce located at 123 West Mountain Street,
Fayetteville, Arkansas 72701. Term: This Agreement shall be for a term of six (6)
months. This contract may be canceled by either party within thirty days written notice.
2. Renewals: This agreement may be renewed for one additional term of six (6) months
with mutual agreement of the parties.
Economic Development Consulting Services Contract
Page 1 of 7
3. Appendix & Attachments: The Contract documents which comprise the contract
between the City of Fayetteville and the Fayetteville Chamber of Commerce consist of
this Contract and the following documents attached hereto, and made a part hereof:
a.) Appendix A - Schedule Detail for Deliverables and Performance Measures
* The City of Fayetteville shall coordinate with the Fayetteville Chamber of Commerce for
modifications to this schedule. Any modifications shall be agreed upon by both the City and
Fayetteville Chamber of Commerce; however, any changes affecting price shall have prior
approval by the Fayetteville City Council. In the event Appendix B is revised and price is not
modified, such revised document shall be provided to the City Council at the next regularly
scheduled quarterly update.
4. Services to be Provided: During the terms of this Agreement, the
Fayetteville Chamber of Commerce Shall:
• Serve as the first point of contact for economic development services and maintain
good relations with the Arkansas Economic Development Commission and other
economic development partners locally, nationally and internationally;
• Ensure that the City of Fayetteville is competitive locally, nationally and
internationally in attracting prospective companies;
• Maintain and manage social media presence for the City of Fayetteville Economic
Development activities. Produce materials that market Fayetteville including tools
(but not limited to) an Economic Development website that caters to existing and
prospective businesses and information packets for targeted industries, Facebook
and other pertinent social sites.;
• Continue to work on the four (4) pillars of economic development — business
attraction, business retention & expansion local entrepreneurship development and
infrastructure including workforce development; ;
• Monitor and report matrices such as the number of new jobs created, jobs lost, new
businesses created, businesses lost (each with dates), workforce skills inventory,
new inquiry details, and any other pertinent reports relating to the economic
development services requirements.
• Provide a diversity of opportunity in business types, job wages, & skill sets with a
focus on jobs with living wages;
• Provide all deliverables and performance measures outlined in Attached scope of
work
5. Fees and Expenses: The City of Fayetteville agrees the consulting fee shall be paid
upon invoice as follows:
Consultation Services shall be invoiced for each quarter in the amount of $41,250 per
quarter. Total fees for consultation services shall not exceed $82,500, from date of
contract. The Fayetteville Chamber of Commerce shall track, log and report hours and
expenses directly related to this Agreement along with invoice for payment for each
quarter. Invoices shall be itemized.
Economic Development Consulting Services Contract
Page 2 of 7
6. Notices: Any notice required to be given under this Agreement to either party to the
other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery,
fax (receipt confirmed), or overnight courier.
7. Applicable Law: This Agreement shall be governed by and construed in accord with the
laws of the State of Arkansas.
8. Entire Agreement: This Agreement sets forth the entire agreement and
understanding between the parties on the subject matter of this Agreement. Neither
party shall be bound by any conditions, definitions, representations or warranties with
respect to the subject matter of this Agreement other than those as expressly provided
herein.
9. Amendments and Waivers: Changes, modifications, or amendments in scope, price or
fees to this contract shall not be allowed without a prior formal contract amendment
approved by the Mayor and the City Council in advance of the change in scope, cost or
fees. No modification of this Agreement shall be binding unless made in writing and
executed by both parties. No waiver by either party or any breach or obligation of the
other party under this Agreement shall constitute a waiver of any other prior or
subsequent breach or obligation.
10. Performance Measures: The Fayetteville Chamber of Commerce shall provide the
following deliverables. Performance measures are included (with examples) for each
item and will be used to evaluate the work performed throughout the entire term of the
contract.
One: Economic Development Infrastructure
The City wants to develop appropriate infrastructure necessary to foster economic
development opportunities for the City of Fayetteville. The Arkansas Economic Development
Commission has suggested that Fayetteville work to have more spade ready building sites
available for responses to new facility inquires. The Economic Development team will work to
identify future development sites, and work to complete necessary task so that sites are more
"ready" for immediate business opportunity availability.
Performance measures:
• Positive relationship with AEDC & Appropriate communicated vision for Fayetteville.
• Marketing Materials Directed Toward Target Industries, and Social Media Sites, Website,
etc.
• Work with the City and Community on creating an Economic Development Fund without
raising new taxes.
• Real Estate Development — prepare sites & buildings ready for development.
• Establish market Statistics & Demographics
Economic Development Consulting Services Contract
Page 3 of 7
• Develop State & Regional partnerships by working with the state AEDC & regional
economic development council.
• Support City's development of Quality of Life Programs
• Work with existing employers to develop workforce; attract quality employees to the City
• Conduct Economic Development training to ensure that the economic development team
is knowledgeable and professional by attending at least 1 economic development related
conferences & training classes during the contract period. Maintain updated
information, highlights, available site locations, and any possible incentives, containing
highlights on why companies should locate in Fayetteville, and maintain the State of
Arkansas Site Availability listings.
Two: Business Retention and Expansion
The City wants to ensure existing businesses thrive and remain or expand in Fayetteville. The
Fayetteville Chamber of Commerce shall solicit continual feedback from the more than 3000
existing businesses to determine how they can best be served and how programs can be
developed to leverage their assets and the assets of other similar businesses and the assets of
the City of Fayetteville. The Chamber of Commerce shall develop concepts which promote
existing business. For example, businesses located on the Fayetteville Square and in the
Downtown are sponsoring a First Thursday event with extended store hours and additional
attractions.
Performance measure:
• Development of business community data
o Retention rate for existing businesses
o Existing employee headcount
o Other data as requested by and coordinated with the City
• Provide technical assistance to existing businesses to assist them to retain jobs and/or
expand.
• Continued Support of Local Purchase programs (like "Find it in Fayetteville")
• Bring or organize appropriate seminars and training to Fayetteville, AR, or within NWA
Training Opportunities offered within the Region that would benefit Fayetteville Specific
Companies.
• Develop business opportunities
o Through GreeNWAy initiatives, Programs, promotion of international trade, and
development of trade directories.
• Analysis of existing businesses by utilizing Business Registry Data to evaluate growth,
decline, establishment, or closure of existing businesses within the City of Fayetteville.
• Develop or recommend training & education opportunities to start up businesses.
• Provide resources to entrepreneurs as requested.
Three: Business Attraction
The Fayetteville Chamber of Commerce shall take steps necessary to ensure that Fayetteville
competes at local, state, national and international levels for prospective businesses. ARTP
Economic Development Consulting Services Contract
Page 4 of 7
incubates companies that are developing new technologies and products. As these companies
scale up and consider permanent locations, the Chamber of Commerce shall coordinate
programs, procedures, policies and promotional materials that make the City an attractive and
competitive option. In addition, the Chamber of Commerce shall actively promote the City of
Fayetteville at the state, national and international levels, particularly to companies in the clean
tech, healthcare, hospitality and tourism and nonprofit sectors. The Economic Development
website will have, as a minimum, a graphically engaging design, relevant demographic
information, a comprehensive list of awards and distinctions received by the City, identification
of publicly -owned, shovel -ready sites, incentive packages and materials for targeted industries,
and opportunities and support services for existing businesses.
Performance measure:
• Develop Site Selector Visits to the City of Fayetteville, AR
• Evaluate, and recommend trade shows to attend and meet perspective companies.
Attendance will utilize Senior Administration Staff and Elected Officials. Identify up to
two trade shows or similar events to attend and coordinate attendance.
• Number of home grown businesses locating in Fayetteville
• New businesses in Fayetteville
• Employee headcount attributed to new businesses
• Assistance in the coordination and development of a regional economic development
council
• Listing of contacts or potential businesses obtained through serving as the lead contact
• Implementation of business registry
• Active website, updated content, and easy -to -find content as provided by other cities
• Number of monthly unique visitor hits on the website
• Maintain & review community profile with AEDC
Four: Strengthened Relationship with the Arkansas Economic Development Commission
(AEDC) and Regional Economic Development Organizations
These organizations are assets to the City's economic development efforts. They can provide
free marketing for the City and expand our contact base and opportunities. Fostering
relationships with these organizations will provide a competitive advantage at the state and
regional level and ensure that the City receives feedback from prospective companies about
what Fayetteville can do to provide an attractive business package. The Fayetteville Chamber
of Commerce shall serve as the primary point of contact for the City of Fayetteville for
economic development related purposes.
Performance measure:
• Regular meetings with AEDC staff and commissioners, ARTP staff and other relevant
organizations
• Documented efforts and participation in regional partnership
• Positive relationship with AEDC and appropriate communicated vision for Fayetteville
• AEDC understanding of firm's primary contact responsibility
Economic Development Consulting Services Contract
Page 5 of 7
Five: Market Statistics and Demographics
The City of Fayetteville is interested in receving up to date market statistics and demographics
for existing businesses and labor shed and market data for businesses interested in locating in
Fayetteville AR.
Performance measure:
• Utilize and provide updated market, trend, and demographic analysis through current
studies.
Six: Reports and Presentations to the Mayor and City Council
The Fayetteville Chamber of Commerce shall provide a written report and prepare a brief
presentation for the Mayor and City Council on a quarterly basis. Reports and presentations
should outline the tasks accomplished and include statistics for each performance measure
outlined herein.
Performance measure:
• Written report and presentation on a quarterly basis to Mayor and City Council
• Timely updates to Mayor and City Council on potential and ongoing projects as
necessary
The City recognizes that the overall economy will affect some of the performance measures and
success will be outside the control of the Fayetteville Chamber of Commerce. The City also
recognizes that some of the needed statistics are not currently collected in a systematic way.
However, the City expects the Fayetteville Chamber of Commerce to show evidence of
experience in conducting comparative market and trend analyses and due diligence in amassing
the detailed information necessary to support the Economic Development effort.
11. Contract Administration
The Mayor or his/her Designated Representative shall be the Contract Administrator for this
contract. The Fayetteville Chamber of Commerce President and CEO or his/her Designated
Representative shall be the primary contact for all matters pertaining to this contract. While it is
understood that many facts pertaining to projects must be held in the strictest confidence, the
Fayetteville Chamber of Commerce President and CEO will insure that the Mayor is kept abreast
of details and progress made pertaining to Economic Development prospects considering
development in Fayetteville to the greatest extent possible.
12. Freedom of Information Act
City contracts and documents prepared while performing city contractual work are subject to
the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented
to the City of Fayetteville, the Fayetteville Chamber of Commerce will do everything possible to
provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom
Economic Development Consulting Services Contract
Page 6 of 7
of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Faye
By:
Witness:
Date:
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Sondra E. Smith, City
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Economic Development Consulting Services Contract
Page 7 of 7
City of Fayetteville, Arkansas & Fayetteville Chamber of Commerce
Appendix A - Schedule Detail for Deliverables and Performance Measures
Scope of Work
SECTION 1: Deadline Identification Schedule
Quarter
Dates per Quarter
I
Deadline for Quarter
Update Deadline to Admin
Update Deadline to City Council
Qtr 1
October 2013 - December 2013
Monday, January 13, 2014
Wednesday prior to January Agenda Session
City Council meeting in February, 2014
Qtr 2
January 2014 - March 2014
Monday, April 14, 2014
Wednesday prior to April Agenda Session
City Council meeting in May, 2014
Qtr 3
April 2014 -June 2014
Monday, July 14, 2014
Wednesday prior to July Agenda Session
City Council meeting in August, 2014
Qtr 4
July 2014- September 2014
Monday, October 13, 2014
Wednesday prior to October Agenda Session
City Council meeting in November, 2014
Qtr 5
October 2014 - December 2014
Monday, January 12, 2015
Wednesday prior to January Agenda Session
City Council meeting in February, 2015
Qtr 6
January 2015 - March 2015
Monday, April 13, 2015
Wednesday priorto April Agenda Session
City Council meeting in May, 2015
Qtr 7
April 2015 -June 2015
Monday, July 13, 2015
Wednesday prior to July Agenda Session
City Council meeting in August, 2015
Qtr 8
July 2015 - September 2015
Monday, October 12, 2015
Wednesday prior to October Agenda Session
City Council meeting in November, 2015
Qtr 9
October 2015 - December 2015
Monday, January 11, 2016
Wednesday prior to January Agenda Session
City Council meeting in February, 2016
Qtr 10
January 2016- March 2016
Monday, April 11, 2016
Wednesday prior to October Agenda Session
City Council meeting in May, 2016
SECTION II: Details of Deliverables and Performance Measures
Category
Category Description
Performance Measure
Deadline (Quarter)
Notes
1
Business Attraction
A
Promote Fayetteville to Site
Selection Consultants,
Intermediary Agencies, and
Direct Clients
Quarters 1- 10
Both inbound and outbound visits
B
Operate and manage social
media tools such as
Economic Development
webpages, Facebook, etc.
to keep businesses and
social community informed
and updated
Quarters 1-10
Provide quarterly statistics
C
Operate and manage an
Quarters 1-10
Evaluate trade shows/conferences/sister
international trade and
city; 2 inbound/outbound visits which
investment program
could include city staff and elected
officials; Target sectors:
Education/Research & Dev, Healthcare,
Manufacturing, Hi Tech/Sustainability
D
Be the Point -Of -Contact for
Quarters 1- 10
Respond to inquiries, Request -For -
economic development
Proposals (RFPs) and Request -For -
purposes
Information (RFIs)
E
Develop, Assist and Support
Quarters 1-10
Develop and implement programs to
home grown businesses
support this activity
F
Support and Assist New
Quarters 1- 10
Logistics
Businesses Coming to
Fayetteville
G
Employee headcount
Quarters 1-10
attributed to new
businesses
2
Business Retention
A
Development of business
Quarters 1-10
Include information and statistics on
& Expansion
community data, retention
businesses closed and/or jobs lost from
rate for existing businesses,
the community; analysis of existing
existing employee
businesses utilizing the Business License
headcount
data
B
Provide technical assistance
Quarters 1-10
Include finding incentives and resources
to existing businesses to
assist them to retain jobs
and/or to expand
C
Support "Find It in
Quarters 1-10
Fayetteville" campaign
D
Bring or organize
Quarters 1- 10
appropriate seminars and
training to Fayetteville or
NWA
E
Develop business
Quarters 1-10
Through GreeNWAy Initiative Program and
opportunities for existing
promotion of local, national and
businesses
international trade
3
Development of
A
Provide technical assistance
Quarters 1- 10
How to start a business in Fayetteville, etc.
Local Entrepreneurs
to perspective
entrepreneurs
B
Develop or recommend
Quarters 1-10
training and education
opportunities to start up
businesses
C
Provide resources to
Quarters 1-10
entrepreneurs as
requested.
4
Infrastructure
A
Managed Relationships and
Quarters 1- 10
Regular interactions and communications
wherever possible, partner
with AEDC and other relevant
with the AEDC and Relevant
organizations; partner on projects together
Partners
B
Development of an
Quarters 1-10 or till Fund is created
Work with City and Community and
Economic Development
without raising taxes
Fund for the City of
Fayetteville
C
Work on attracting/creating
Quarters 1- 10
Both business attraction and
jobs with a focus on jobs
entrepreneurship start-ups
with living wages
D
Monitor and manage
Report findings, make recommendations
internal and external
and so on to the City leadership
environments to be sure
that City is competitive in
developing, attracting and
retaining businesses
E
Support and Assist
Quarters 1- 10
Include establishing -statistics and
Development of the IVWA
demographics
Region for economic
development purposes
F
Development of marketing
Quarters 1-10
Manage real estate inventory, maintain
materials for economic
Arkansas Site Selection, print, social media
development purposes
and media
G
Workforce Development
Quarters 1-10
Work with existing employers to develop
existing workforce; attract quality
employees through quality of place
programs
H
Economic Development
Quarters 1- 10
Team to attend at least 2 economic
Training
development related conferences and
training classes a year.
5
Reports and
A
Provide written reports and
Every quarter
Presentations
prepare a brief presentation
to the Mayor and City
Council
The Fayetteville Chamber of Commerce shall provide a written report and prepare a brief presentation for the Mayor and City Council on a quarterly basis.
Reports and presentations should outline the tasks accomplished and include statistics for each performance measure outlined herein.
Performance measures include:
* Written report and presentation on a quarterly basis to Mayor and City Council
*Timely updates to Mayor and City Council on potential and ongoing projects as necessary
The City recognizes that national and international economies could affect some of the performance measures and success and that they are outside
the control of the Fayetteville Commerce. The City also recognizes that some of the needed statistics are not currently collected in a systematic way.
The City expects the Fayetteville Chamber of Commerce to show evidence of experience in conducting comparative market and trend analyses and
due diligence in amassing the detailed information necessary to support the Economic Development effort.
ORDINANCE NO. 5620
AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING, TO
APPROVE A TWO YEAR ECONOMIC DEVELOPMENT SERVICES
CONTRACT WITH THE FAYETTEVILLE CHAMBER OF COMMERCE IN
THE TOTAL AMOUNT OF $330,000.00 AND TO APPROVE A BUDGET
ADJUSTMENT
WHEREAS, the Fayetteville Chamber of Commerce was selected through a competitive
bidding process in 2009 to provide economic development services for the City of Fayetteville;
and
WHEREAS, because of the Fayetteville Chamber of Commerce's excellent performance
during the difficult years of the substantial national recession, the City of Fayetteville exercised
its two year option to renew this contract on September 6, 2011, by the City Council Resolution
No. 163-11; and
WHEREAS, because of the excellent performance by the Fayetteville Chamber of
Commerce during the last four years, because of the specialized and valuable information and
understanding of the economic development needs and potentials learned by the Fayetteville
Chamber of Commerce during the last four years and because only a single other entity applied
during the initial selection process for a supplier of economic development services, formal
competitive bidding is not feasible and practical.
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 due to the exception circumstances noted above, formal competitive bidding is deemed not
practical and feasible and therefore waives formal competitive bidding and approves the attached
two year contract (with the two year option to renew) with the Fayetteville Chamber of
Commerce to furnish economic development services for the annual cost of $165,000.00 and
authorizes Mayor Jordan to sign this contract.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached budget adjustment to fund this contract.
Page 2
Ordinance No. 5620
PASSED and APPROVED this 17'' day of September, 2013.
APPROVED: ATTEST:
�t
By. 1O ELD J , Mayor By:
SONDRA E. SMITH, City Clerk/Treasurer
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CONTRACT FOR
ECONOMIC DEVELOPMENT CONSULTING SERVICES
BETWEEN
THE CITY OF FAYETTEVILLE, ARKANSAS
AND
THE FAYETTEVILLE CHAMBER OF COMMERCE
WHEREAS, the City of Fayetteville, Arkansas wishes to contract for Economic
Development Consulting Services, and;
WHEREAS, the Fayetteville, Arkansas Chamber of Commerce wishes to provide
Economic Development Consulting Services to the City of Fayetteville, Arkansas,
and;
WHEREAS, the Fayetteville, Arkansas Chamber of Commerce was selected to
perform Economic Development Consulting Services for the City of Fayetteville
utilizing the competitive Request for Proposal selection process in 2009 (via RFP 09
14, Economic Development Consulting Services), and;
WHEREAS, the City Council of Fayetteville, Arkansas has waived competitive
bidding and approved a contract for Economic Development Consulting Services
with the Fayetteville, Arkansas Chamber of Commerce,
NOW THEREFORE:
In consideration of the mutual promises contained in this Agreement and other
good and valuable consideration,
1. Agreement is made this IT'>' day of S , 2013 by and between
the City of Fayetteville, Arkansas located at 113 W. Mountain, Fayetteville,
Arkansas 72701 and the Fayetteville, Arkansas Chamber of Commerce
located at 123 West Mountain Street, Fayetteville, Arkansas 72701. Term:
This Agreement shall be for a term of two (2) years. This contract may be
canceled by either party within thirty days written notice.
2. Renewals: This agreement may be renewed for one additional term of two
(2) years with mutual agreement of the parties.
3. Appendix & Attachments: The Contract documents which comprise the contract
between the City of Fayetteville and the Fayetteville Chamber of Commerce consist of this
Contract and the following documents attached hereto, and made a part hereof:
a.) Appendix A - Schedule Detail for Deliverables and Performance Measures
* The City of Fayetteville shall coordinate with the Fayetteville Chamber of
Commerce for modifications to this schedule. Any modifications shall be agreed
upon by both the City and Fayetteville Chamber of Commerce; however, any
changes affecting price shall have prior approval by the Fayetteville City
Council. In the event Appendix A is revised and price is not modified, such
revised document shall be provided to the City Council at the next regularly
scheduled quarterly update.
Economic Development Consulting Services Contract
Page 1 of7
4. Services to be Provided: During the terms of this Agreement, the
Fayetteville Chamber of Commerce Shall:
• Serve as the first point of contact for economic development services; and
maintain good relations with the Arkansas Economic Development
Commission and other economic development partners locally, nationally
and internationally;
• Ensure that the City of Fayetteville is competitive locally, nationally and
internationally in attracting prospective companies;
• Maintain and manage social media presence for the City of Fayetteville
Economic Development activities. Produce materials that market
Fayetteville including (but not limited to) an Economic Development
website that caters to existing and prospective businesses and information
packets for targeted industries, Facebook and other pertinent social sites;
• Continue to work on the four (4) pillars of economic development —
business attraction, business retention and expansion, local
entrepreneurship development and infrastructure including workforce
development;
• Monitor and report matrices such as the number of new jobs created, jobs
lost, new businesses created, businesses lost (each with dates), workforce
skills inventory, new inquiry details, and any other pertinent reports
relating to the economic development services requirements;
• Provide a diversity of opportunity in business types, job wages, & skill
sets with a focus on jobs with living wages; and
• Provide all deliverables and performance measures outlined in Attached
scope of work
5. Fees and Expenses: The City of Fayetteville agrees the consulting fee
shall be paid upon invoice as follows:
Consultation Services shall be invoiced for each quarter in the amount of
$41,250 per quarter. Total fees for consultation services shall not exceed
$165,000 annually, from date of contract. The Fayetteville Chamber of
Commerce shall track, log and report hours and expenses directly related to
this Agreement along with invoice for payment for each quarter. Invoices
shall be itemized.
6. Notices: Any notice required to be given under this Agreement to either
party to the other shall be sufficient if addressed and mailed, certified mail,
postage paid, delivery, fax (receipt confirmed), or overnight courier.
7. Applicable Law: This Agreement shall be governed by and construed in
accord with the laws of the State of Arkansas.
8. Entire Agreement: This Agreement sets forth the entire agreement
and understanding between the parties on the subject matter of this Agreement.
Neither party shall be bound by any conditions, definitions, representations or
warranties with respect to the subject matter of this Agreement other than those
as expressly provided herein.
9. Amendments and Waivers: Changes, modifications, or amendments in scope,
price or fees to this contract shall not be allowed without a prior formal contract amendment
Economic Development Consulting Services Contract
Page 2 of 7
approved by the Mayor and the City Council in advance of the change in scope, cost or fees.
No modification of this Agreement shall be binding unless made in writing and
executed by both parties. No waiver by either party or any breach or obligation
of the other party under this Agreement shall constitute a waiver of any other
prior or subsequent breach or obligation.
10. Performance Measures: The Fayetteville Chamber of Commerce shall
provide the following deliverables. Performance measures are included (with
examples) for each item and will be used to evaluate the work performed
throughout the entire term of the contract.
One: Economic Development Infrastructure
The City wants to develop appropriate infrastructure necessary to foster economic
development opportunities for the City of Fayetteville. The Arkansas Economic
Development Commission has suggested that Fayetteville work to have more spade -
ready building sites available for responses to new facility inquires. The Economic
Development team will work to identify future development sites, and work to
complete necessary tasks so that sites are more "ready" for immediate business
opportunity availability.
Performance measures:
• Positive relationship with AEDC and appropriate communicated vision for
Fayetteville.
• Marketing Materials Directed Toward Target Industries, and Social Media
Sites, Website, etc.
• Work with the City and Community on creating an Economic Development
Fund without raising new taxes.
• Real Estate Development - prepare sites and buildings ready for development.
• Establish market statistics and demographics -
• Develop State and Regional partnerships by working with the state AEDC &
regional economic development council.
• Support City's development of Quality of Life Programs
• Work with existing employers to develop workforce; attract quality employees
to the City
• Conduct Economic Development training to ensure that the economic
development team is knowledgeable and professional by attending at least 2
economic development related conferences & training classes a year. Maintain
updated information, highlights, available site locations, and any possible
incentives, containing highlights on why companies should locate in
Fayetteville, and maintain the State of Arkansas Site Availability listings
Two: Business Retention and Expansion
The City wants to ensure existing businesses thrive and remain or expand in
Fayetteville. The Fayetteville Chamber of Commerce shall solicit continual
feedback from the more than 3000 existing businesses to determine how they can
best be served and how programs can be developed to leverage their assets and the
assets of other similar businesses and the assets of the City of Fayetteville. The
Chamber of Commerce shall develop concepts which promote existing business. For
example, businesses located on the Fayetteville Square and in the Downtown are
Economic Development Consulting Services Contract
Page 3 of 7
sponsoring a First Thursday event with extended store hours and additional
attractions.
Performance measure:
• Development of business community data
o Retention rate for existing businesses
o Existing employee headcount
o Other data as requested by and coordinated with the City
• Provide technical assistance to existing businesses to assist them to retain jobs
and/or expand.
• Continued Support of Local Purchase programs (like "Find it in Fayetteville")
• Bring or organize appropriate seminars and training to Fayetteville, AR, or
within NOVA Training Opportunities offered within the Region that would
benefit Fayetteville Specific Companies.
• Develop business opportunities
o Through GreeNWAy initiatives, Programs, promotion of international
trade, and development of trade directories.
• Analysis of existing businesses by utilizing Business License Data to evaluate
growth, decline, establishment, or closure of existing businesses within the
City of Fayetteville.
• Develop or recommend training & education opportunities to start up
businesses.
• Provide resources to entrepreneurs as requested.
Three: Business Attraction
The Fayetteville Chamber of Commerce shall take steps necessary to ensure that
Fayetteville competes at local, state, national and international levels for
prospective businesses. ARTP incubates companies that are developing new
technologies and products. As these companies scale up and consider permanent
locations, the Chamber of Commerce shall coordinate programs, procedures, policies
and promotional materials that make the City an attractive and competitive option.
In addition, the Chamber of Commerce shall actively promote the City of
Fayetteville at the state, national and international levels, particularly to
companies in the clean tech, healthcare, hospitality and tourism and nonprofit
sectors. The Economic Development website will have, as a minimum, a graphically
engaging design, relevant demographic information, a comprehensive list of awards
and distinctions received by the City, identification of publicly -owned, shovel -ready
sites, incentive packages and materials for targeted industries, and opportunities
and support services for existing businesses.
Performance measure:
• Develop Site Selector visits to the City of Fayetteville, AR
• Evaluate, and recommend trade shows to attend and meet perspective
companies. Attendance will utilize Senior Administration Staff and Elected
Officials. Identify up to two trade shows or similar events to attend and
coordinate attendance.
• Number of home grown businesses locating in Fayetteville
• New businesses in Fayetteville
• Employee headcount attributed to new businesses
Economic Development Consulting Services Contract
Page 4 of 7
• Assistance in the coordination and development of a regional economic
development council
• Listing of contacts or potential businesses obtained through serving as the
lead contact
• Implementation of business registry
• Active website, updated content, and easy -to -find content as provided by other
cities
• Number of monthly unique visitor hits on the website
• Maintain & review community profile with AEDC
These organizations are assets to the City's economic development efforts. They can
provide free marketing for the City and expand our contact base and opportunities.
Fostering relationships with these organizations will provide a competitive
advantage at the state and regional level and ensure that the City receives feedback
from prospective companies about what Fayetteville can do to provide an attractive
business package. The Fayetteville Chamber of Commerce shall serve as the
primary point of contact for the City of Fayetteville for economic development
related purposes.
Performance measure:
• Regular meetings with AEDC staff and commissioners, ARTP staff and other
relevant organizations
• Documented efforts and participation in regional partnership
• Positive relationship with AEDC and appropriate communicated vision for
Fayetteville
• AEDC understanding of firm's primary contact responsibility
Five: Market Statistics and Demographics
The City of Fayetteville is interested in receving up to date market statistics and
demographics for existing businesses and labor shed and market data for
businesses interested in locating in Fayetteville AR.
Performance measure:
• Utilize and provide updated market, trend, and demographic analysis
through current studies.
Six: Reports and Presentations to the Mayor and City Council
The Fayetteville Chamber of Commerce shall provide a written report and prepare
a brief presentation for the Mayor and City Council on a quarterly basis. Reports
and presentations should outline the tasks accomplished and include statistics for
each performance measure outlined herein.
Performance measure:
Economic Development Consulting Services Contract
Page 5 of 7
Written report and presentation on a quarterly basis to Mayor and City
Council
Timely updates to Mayor and City Council on potential and ongoing projects
as necessary
The City recognizes that the overall economy will affect some of the performance
measures and success will be outside the control of the Fayetteville Chamber of
Commerce. The City also recognizes that some of the needed statistics are not
currently collected in a systematic way. However, the City expects the Fayetteville
Chamber of Commerce to show evidence of experience in conducting comparative
market and trend analyses and due diligence in amassing the detailed information
necessary to support the Economic Development effort.
11. Contract Administration
The Mayor or his/her Designated Representative shall be the Contract Administrator
for this contract. The Fayetteville Chamber of Commerce President and CEO or
his/her Designated Representative shall be the primary contact for all matters
pertaining to this contract. While it is understood that many facts pertaining to
projects must be held in the strictest confidence, the Fayetteville Chamber of
Commerce President and CEO will insure that the Mayor is kept abreast of details
and progress made pertaining to Economic Development prospects considering
development in Fayetteville to the greatest extent possible.
12. Freedom of Information Act
City contracts and documents prepared while performing city contractual work are
subject to the Arkansas Freedom of Information Act. If a Freedom of Information
Act request is presented to the City of Fayetteville, the Fayetteville Chamber of
Commerce will do everything possible to provide the documents in a prompt and
timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A.
§25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the
FOIA may be assessed for this compliance.
Economic Development Consulting Services Contract
Page 6 of 7
IN WITNESS WHEREOF, the parties have executed this Agreement.
Fayetteville Chpfii er of
By: LL` Date: a'`' \ 3
J. qSteen Clarl , President a CEO
Witness: Date:
The City of Fayetteville, Arkansas
By Date:
L'oneld r , Mayor
Attest:
,Jb
Sondra E. Smith, City Clerk/Treasurer
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Economic Development Consulting Services Contract
Page 7 of 7
Date: 9/i'!/..3
City of Fayetteville, Arkansas & Fayetteville Chamber of Commerce
Appendix A - Schedule Detail for Deliverables and Performance Measures
Scope of Work
SECTION 1: Deadline Identification
Schedule
Quarter
Dates per Quarter
Deadline for Quarter
Update Deadline to Admin
Update Deadline to City Council
Qtr 1
October 2013 - December 2013
Monday, January 13, 2014
Wednesday prior to January Agenda Session
City Council meeting in January, 2014
Qtr 2
January 2014 - March 2014
Monday, April 14, 2014
Wednesday prior to April Agenda Session
City Council meeting in April, 2014
Qtr 3
April 2014 - June 2014
Monday, July 14, 2014
Wednesday prior to July Agenda Session
City Council meeting in July, 2014
Qtr 4
July 2014- September 2014
Monday, October 13, 2014
Wednesday prior to October Agenda Session
City Council meeting in October, 2014
Qtr 5
October 2014 - December 2014
Monday, January 12, 2015
Wednesday prior to January Agenda Session
City Council meeting in January, 2015
Qtr 6
January 2015 - March 2015
Monday, April 13, 2015
Wednesday prior to April Agenda Session
City Council meeting in April, 2015
Qtr 7
April 2015 -June 2015
Monday, July 13, 2015
Wednesday prior to July Agenda Session
City Council meeting in July, 2015
Qtr 8
July 2015 - September 2015
Monday, October 12, 2015
Wednesday prior to October Agenda Session
City Council meeting in October, 2015
SECTION II: Details of Deliverables and Performance Measures
Category
Category Description
Performance Measure
Deadline (Quarter)
Notes
Promote Fayetteville to Site
4 visits in 2 years; include both inbound
1
Business Attraction
A
Selection Consultants, Intermediary
Quarters 1- 8
and outbound visits
Agencies, and Direct Clients
Operate and manage social media
tools such as Economic
B
Development webpages, Facebook,
Quarters 1 - 8
Provide quarterly statistics
etc. to keep businesses and social
community informed and updated
Evaluate trade shows/conferences; 2
Operate and manage an
inbound/outbound visits which could
C
international trade and investment
Quarters 1- 8
include city staff and elected officials;
Target sectors: Education/Research &
program
Dev, Healthcare, and Manufacturing
Respond to inquiries, Request -For -
Be the Point -Of -Contact for
Quarters 1 8
Proposals (RFPs) and Request -For -
P q
economic economic development purposes
Information (RFIs)
Economic Development Contract: Appendix B
Fayetteville Chamber City of Fayetteville
9/5/2013
E
Develop, Assist and Support home
Quarters 1- 8
Develop and implement programs to
grown businesses
support this activity
F
Support and Assist New Businesses
Quarters 1- 8
Coming to Fayetteville
G
Employee headcount attributed to
Quarters 1- 8
new businesses
Include information and statistics on
Development of business
businesses closed and/or jobs lost from
2
Business Retention & Expansion
A
community data, retention rate for
Quarters 1- 8
the community; analysis of existing
existing businesses, existing
businesses utilizing the Business
employee headcount
License data
Provide technical assistance to
B
existing businesses to assist them to
Quarters 1- 8
retain jobs and/or to expand
C
Support "Find It in Fayetteville"
Quarters 1- 8
campaign
Bring or organize appropriate
D
seminars and training to Fayetteville
or NWA
Quarters 1- 8
Through GreeNWAy Initiative Program
E
Develop business opportunities for
Quarters 1- 8
and promotion of local, national and
existing businesses
international trade
3
Development of Local Entrepreneurs
A
Provide technical assistance to
Quarters 1 8
perspective entrepreneurs
Economic Development Contract: Appendix B
Fayetteville Chamber City of Fayetteville
9/5/2013
Develop or recommend training and
B
education opportunities to start up
Quarters 1 - 8
businesses
C
Provide resources to entrepreneurs
Quarters 1- 8
as requested.
Managed Relationships and
Regular interactions and
communications with AEDC and other
4
Infrastructure
A
wherever possible, partner with the
Quarters 1- 8
relevant organizations; partner on
AEDC and Relevant Partners
projects together
Development of an Economic
Work with City and Community and
B
Development Fund for the City of
Quarters 1 - 8 or till Fund is created
without raising taxes
Fayetteville
Work on attracting/creating jobs
Both business attraction and
C
with a focus on jobs with living
Quarters 1- 8
entrepreneurship start-ups
wages
Monitor and manage internal and
external environments to be sure
Report findings, make
D
that City is competitive in
recommendations and so on to the City
developing, attracting and retaining
leadership
businesses
Support and Assist Development of
Include establishing statistics and
E
the NWA Region for economic
Quarters 1- 8
demographics
development purposes
Economic Development Contract: Appendix B
Fayetteville Chamber City of Fayetteville
9/5/2013
Include managing of real estate
inventory, preparing sites and buildings
F
Development of marketing materials
Quarters 1- 8
ready for development, and
for economic development purposes
maintaining the Arkansas Site Selection
site for Fayetteville
Work with existing employers to
develop existing workforce; attract
G
Workforce Development
Quarters 1 - 8
quality employees through quality of
life programs
Team to attend at least 2 economic
H
Economic Development Training
Quarters 1- 8
development related conferences and
training classes a year
Provide written reports and prepare
5
Reports and Presentations
A
a brief presentation to the Mayor
Every quarter
and City Council
The Fayetteville Chamber of Commerce shall provide a written report and prepare a brief presentation for the Mayor and City Council on a quarterly basis.
Reports and presentations should outline the tasks accomplished and include statistics for each performance measure outlined herein.
Performance measures include:
* Written report and presentation on a quarterly basis to Mayor and City Council
*Timely updates to Mayor and City Council on potential and ongoing projects as necessary
The City recognizes that national and international economies could affect some of the performance measures and success and that they are outside
the control of the Fayetteville Commerce. The City also recognizes that some of the needed statistics are not currently collected in a systematic way.
The City expects the Fayetteville Chamber of Commerce to show evidence of experience in conducting comparative market and trend analyses and
due diligence in amassing the detailed information necessary to support the Economic Development effort.
Economic Development Contract: Appendix B
Fayetteville Chamber City of Fayetteville
9/5/2013
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division: Development Services Adjustment Number
201 5 Dept.: Development Services
Requestor: Jeremy Pate
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
$82,500 is requested in the Economic Development Services account. These funds will be used for a six month contract
renewal with the Fayetteville Chamber of Commerce. The funds are being taken from the Use of Designated Fund
Balance and are from the proceeds of the sale of Wilson Springs.
COUNCIL DATE: 9/18/2015
LEGISTAR FILE ID#: 2015-0412
13GW bvwa' FeW
8/28/2015 4:08 PM
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE:
RESOLUTION/ORDINANCE
POSTED:
v.20150402
TOTAL
82,500 82,500
Increase / (Decrease)
Proiect.Sub#
Account Number
Expense Revenue
Project Sub AT
Account Name
1010.6600.5315.00
82,500 -
59027 901 EX
Contract Services
1010.0001.4999.98
82,500
59027 901 RE
Use of Designated Fund Balance
C:\Users\dmccoy\AppData\Roaming\L5\Temp\5c81 f27c-fa65-4391-99d5-b9848ca8552a 1 of I