HomeMy WebLinkAboutOrdinance 6467113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Ordinance: 6467
File Number: 2021-0576
OZARK TENNIS ACADEMY:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVE A CONTRACT WITH OZARK TENNIS ACADEMY, LLC TO
PROVIDE TENNIS INSTRUCTION TO FAYETTEVILLE RESIDENTS
WHEREAS, Ozark Tennis Academy was selected to provide tennis instruction to Fayetteville
residents at the Wilson Park Tennis Complex through an informal request for proposal process in
March of 2021 because it was not anticipated that the fees for services would exceed $20.000.00:
and
WHEREAS, more participants have registered for the programs provided by Ozark Tennis Academy
than expected and fees will likely exceed the $20,000.00 competitive bidding threshold required by the
City Code before the end of the year, and
WHEREAS, registration for the fall tennis program, which will start in September, is already
underway and staff does not recommend changing providers in the middle of the year.
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 finds the above
circumstances make competitive bidding not feasible or practical and therefore waives the
requirements of formal competitive bidding and approves a contract wiith Ozark Tennis Academy,
LLC, to provide tennis instruction to Fayetteville residents at the Wilson Park Tennis Complex through
December 31, 2021.
Page 1 Printed on 8118121
Ordinance- 6467
File Number. 2021-0576
PASSED and APPROVED on 8/17/2021
Appro d: Attest:
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Lionel orda , Mayor Kara Paxton, City Clerk Treaswer*- }`='✓7LLE
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Page 2 Printed on 8118121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0576
Agenda Date: 8/17/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.2
OZARK TENNIS ACADEMY:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A CONTRACT WITH OZARK TENNIS ACADEMY, LLC TO PROVIDE TENNIS
INSTRUCTION TO FAYETTEVILLE RESIDENTS
WHEREAS, Ozark Tennis Academy was selected to provide tennis instruction to Fayetteville residents at the
Wilson Park Tennis Complex through an informal request for proposal process in March of 2021 because it
was not anticipated that the fees for services would exceed $20,000.00; and
WHEREAS, more participants have registered for the programs provided by Ozark Tennis Academy than
expected and fees will likely exceed the $20,000.00 competitive bidding threshold required by the City Code
before the end of the year; and
WHEREAS, registration for the fall tennis program, which will start in September, is already underway and
staff does not recommend changing providers in the middle of the year.
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 finds the above circumstances
make competitive bidding not feasible or practical and therefore waives the requirements of formal competitive
bidding and approves a contract wiith Ozark Tennis Academy, LLC, to provide tennis instruction to
Fayetteville residents at the Wilson Park Tennis Complex through December 31, 2021.
City of Fayetteville, Arkansas Page 1 Printed on 811812021
Lee Farmer
Submitted By
City of Fayetteville Staff Review Form
2021-0576
Legistar File ID
8/17/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/23/2021 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an ordinance to waive competing bidding for Parks and Recreation tennis programs
provided by Ozark Tennis Academy, LLC.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
$
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 17, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Lee Farmer, Recreation Superintendent
DATE: July 23, 2021
CITY COUNCIL MEMO
SUBJECT: Fayetteville Parks and Recreation Tennis Program
RECOMMENDATION:
Staff recommends approval of an ordinance to waive competing bidding for Parks and Recreation tennis
programs provided by Ozark Tennis Academy, LLC.
BACKGROUND:
Ozark Tennis Academy, LLC (OTA) was selected as the tennis instruction provider for Parks and
Recreation tennis programs in March 2021. Parks and Recreation worked with Purchasing on an
Informal RFP for the selection of this tennis instruction provider. The Informal RFP was sent to known
tennis instruction providers in the area with the selection criteria based on qualifications, experience,
proposed work method, past performance, and proposed fees for service. Three vendors submitted
proposals and OTA was selected based on this selection criteria, in which OTA will be paid 90% of
program registration for the tennis instruction.
DISCUSSION:
Parks and Recreation revamped tennis program offerings in 2021 to meet the needs of our community.
An Informal RFP selection process for the instruction of these tennis programs was chosen as it was not
anticipated that fees for instruction service would exceed $20,000. However, the tennis programs have
proven to be more successful than anticipated. The spring group session had 42 participants and 63
private lesson participants. The summer group session, which is currently taking place, has 60
participants and the youth summer camp had 63 participants. Tennis instruction payments for these
programs have totaled $16,559.
Fall tennis program registration has opened and will start in September. The expected program
participation for the remainder of 2021 is expected to result in excess of $20,000 payment to OTA for
tennis instruction.
BUDGET/STAFF IMPACT:
The expense for these tennis instruction programs will be completely recouped with registration fees and
instruction service fees will be funded through the Parks and Recreation General Fund Budget.
Attachments:
2021-0197: Ozark Tennis Academy Agreement
Tennis Instruction Informal RFP
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Lee Farmer
Submitted By
City of Fayetteville Staff Review Form
2021-0197
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/11/2021 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an agreement with Ozark Tennis Academy, LLC to administer tennis instruction
programs.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
®clry OF
FAYETTEVILLE
94W ARKANSAS
TO: Mayor Lionel Jordan
THRU: Connie Edmonston, Parks and Recreation Director
Susan Norton, Chief of Staff
FROM: Lee Farmer, Recreation Superintendent
DATE: March 11, 2021
STAFF MEMO
SUBJECT: Agreement with Ozark Tennis Academy, LLC for Tennis Instruction
Programs
RECOMMENDATION:
Staff recommends approval of an agreement with Ozark Tennis Academy, LLC to administer
tennis instruction programs.
BACKGROUND:
OTA tennis programs are perfect for all ages and skill levels. The OTA Coaches work hard to
ensure that everyone individually progresses in their skills and game through classes, group
lessons, private lessons and camps.
Ozark Tennis Academy is designed to address the needs of everyone from the beginning
tournament player to the future collegiate star. This comprehensive program is designed to give
all of our players a chance to realize their potential — both on and off the court.
DISCUSSION:
Parks and Recreation will offer youth classes, group lessons, private lessons and camps in
2021. Youth Classes will be offered seasonally in ten week sessions on weekday evenings.
OTA will also offer group and private lessons to players of all ages and skill levels. These
lessons will be scheduled through Parks and Recreation facility reservation platform. OTA will
also facilitate Tennis Camp as part of Parks and Recreation's Be Active Summer Camp
Program. Parks and Recreation will register all the participants through registration software.
Each month, Parks and Recreation will pay OTA 90% of the net revenue for administering all
programs.
OTA has been successfully running tennis instruction programs in Bentonville for more than five
years and seeing growth year after year. This program addition would be a great benefit to our
Fayetteville citizens.
BUDGET/STAFF IMPACT:
The expense for these tennis instruction programs will be completely recouped with registration
fees.
Attachments:
Agreement with Ozark Tennis Academy, LLC for Tennis Instruction Programs
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Ozark Tennis Academy Agreement with City of Fayetteville
The City of Fayetteville (City) and the Ozark Tennis Academy, LLC (OTA) hereby enter into this
Agreement concerning the Fayetteville Tennis Program. This Agreement is subject to the following
conditions:
1. OTA shall utilize Wilson Park Tennis Complex for programming, league play and tournaments at
times preapproved by the City's Parks and Recreation Department. Such usage shall not be
construed as a right of exclusive use. OTA shall not assign right of use to any other individual or
organization without the approval of City.
2. The initial term of this contract shall be from March 1, 2021- December 31, 2021.
3. OTA is responsible for providing coaches for all lessons, classes, etc. and maintaining the desired
instructor to participant ratio. Any and all possible conflicts or interruptions should be
communicated to City immediately.
4. OTA is required to provide a seasonal schedule to City for group lessons, programs and
tournaments. This schedule should include exactly which courts will be in use for each calendar
day of the season. Any changes made to the schedule must be submitted to Parks and
Recreation 24 hours in advance.
5. OTA shall designate one contact person that communicates schedules and court maintenance
needs to the City. OTA will contact Dean Rawlings (479.444.3474) for needs or questions
directed to City Parks and Recreation. If there are concerns or suggestions concerning the
tennis program or facility including problems affecting play or the safety of participants, OTA
shall notify City staff immediately.
6. OTA's agents, employees, and instructors will act professionally while instructing tennis
programs and arrive properly dressed in approved tennis shirts. OTA's agents, employees, and
instructors will show respect for players, coaches, spectators, general public, and City staff by
being courteous and considerate without sacrificing fairness. Disputes will be handled calmly
and respectfully with assistance from City.
7. It is the decision of OTA whether programming will continue when inclement weather affects
the courts. OTA will inform the City in a timely manner of their decision, when possible, so that
City staff may assist with informing program participants.
8. The City will administer all participant registration through its registration software and
administer all promotion/marketing materials for tennis programs.
9. Consideration for this contract shall be City's payment to OTA of 90% of all gross revenue which
shall be remitted no later than the 10th of each month. The payment will include a detailed
report that includes participation numbers by category, gross revenue received, and amount
owed to OTA.
10. OTA shall be responsible for carrying its own general liability insurance covering those involved
with the program, including administration, coaches, participants, spectators and any other
personnel utilized in the organization and running practices, meets, tournaments and other
special events. A current copy of OTA's liability insurance certificate shall be filed at the City's
Parks and Recreation Department office.
11. OTA is responsible for completing background checks on all coaches and administration of the
program on an annual basis. Background checks apply to all staff over 18 years of age.
12. Not an Agent. It is understood that OTA is not acting as an agent for the City and the City's
sovereign immunity does not extend to OTA's acts or omission. OTA agrees to indemnify,
defend, and hold harmless the City of Fayetteville from claims and damages as a direct or
indirect result of OTA's use of the sites/facilities. No word, clause, phrase or paragraph shall be
construed to waive that tort immunity as set forth under Arkansas law.
13. This agreement may be terminated by either party with 60-day written notification by the City
or OTA. The City reserves the right and maintains sole discretion over the decision to cancel or
postpone any programs, events, or tournaments held in/on City Parks property at any time due
to Covid-19.
IN WITNESS WHEREOF, this Agreement has been duty executed by the Parties as of
the day and year first written above.
CITY QV FAYMEVILLE, ARKANSAS
Lioneld Jordrq!�,ayor
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Al
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Kara Paxton, City lerk-Treasurer ' � IiLLE
Ozark Tennis Academy, LLC
VA
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Christy Ward, Owner
Address
Phone Number
Tennis Program Services
Specifications
Secure the services of a recreation tennis facilitator (CONTRACTOR), certified by the United States Tennis
Association with the necessary expertise, skill, and capabilities to serve as the Fayetteville Recreational
Tennis Facilitator and Instructor for Fayetteville Parks and Recreation. Deadline to submit Proposal is
Sunday, November 1, 2020.
Questions
Any questions you may have regarding this project can be sent via email to drawlings@fayetteville-ar.gov.
The last day to submit question will be Monday, October 26,2020. Questions received after the stated
date and time will not be addressed.
Fayetteville Tennis Program Description
The Fayetteville Tennis Program will serve the community in a variety of ways including, but not limited
to, youth group lessons, junior tennis league, private lessons and more. The structure and schedule will
be determined by the winning bidder and Fayetteville Parks and Recreation. The day and time of these
sessions are TBD. The program will operate out of Wilson Park Tennis Courts.
Desired Tennis Coach Requirements
• Certified USTA Tennis Coach who is passionate about instructing young players.
• Extensive tennis instruction experience with curriculum for beginners and developing players of
various age levels through private and group lessons
• Network of qualified tennis coach team for 20-30 players per session.
• Ability to schedule, coordinate and organize matches for the Junior Team Tennis level.
• Strong communication skills and ability to manage Parks' online registration software to
communicate with players and their guardians.
Scope of Services Proposed
Clearly describe the scope of services proposed. Include details of your approach and work plans and
techniques.
Qualifications
This section of the Proposal should give a description of the organization/tennis coach. Emphasis should
be given as to how the organization/tennis coach experience and expertise will be brought the
Fayetteville Tennis Program.
Resumes should be provided, with emphasis being given to their experience with similar work. If resumes
are not available at the time the proposal is submitted, you should provide a listing of the qualifications,
including education, experience, etc., that will be required.
Price Proposal
Submit your compensation proposal in the form of fee per registration or percent of registration revenue.
SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive
proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and
score the proposal. City of Fayetteville reserves the right to accept a proposal, as submitted, and enter
directly into a contractual agreement with a selected Proposer. Each proposal submitted is not required
to be ranked by the City; however, all proposals will be evaluated. The contract may be awarded to the
most qualified firm for each process or strategy, per the evaluation criteria listed below, based on the
evaluation of the City. Following the evaluation of the proposals, the City may request that the top-
ranking firm(s) make an oral presentation, be interviewed or submit best and final offers. If
presentations are necessary, they will take place in Fayetteville, Arkansas. Notices will be sent by the
Parks and Recreation Staff.
• 30% - Qualifications in Relation to Specific Project to be Performed: Information reflecting
qualifications of the firm. Indicated specialized experience and technical competence of the
firm in connection with the type and complexity of the service required. Subcontractors, if
used, must be listed with RFP response.
• 25% - Experience, Competence, and Capacity for Performance: Including information
reflecting the names, titles, and qualifications (including experience and technical
competence) of the major personnel assigned to this specific project.
• 20% -Proposed Method of Doing Work: A proposed work plan (description of how the project
would be conducted as well as other facts concerning approach to scope you wish to
present) indicating methods and schedules for accomplishing scope of work. Include with
this the amount of work presently underway.
• 15% - Past Performance: Previous evaluations shall be considered a significant factor. If
previous evaluations with the City are not available, the professional firm(s past performance
records with other governmental agencies, and others will be used, including quality of work,
timely performance, diligence, and any other pertinent information. Firm shall provide a list
of similar jobs performed and person whom the City can contact for information.
• 10%- Cost and Fees: Proposer shall provide a total listing of any fee the City could be charged.
A fee shall be included for the presented scope of work as well as any other additional fee.
All fees shall be clearly identified with RFP response and be itemized as much as possible.