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HomeMy WebLinkAbout55-90 RESOLUTIONRESOLUTION NO. 55-90 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK EXECUTE A CONTRACT WITH MR. JIM BLACK TO OPERATE THE FAYETTEVILLE LAKE BOATDOCK. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract witn Mr. Jim Black to operate the Fayetteville Lake Boatdock. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 17th day of April APPROVED: By: ATTEST: By:-/ itivs4 .at.) City erk Mayor • CONTRACT This CONTRACT executed this 17th day of April 1990, by and between the City of Fayetteville, Arkansas, herein- after called the "City," and Jim Black, hereinafter called the "Operator." WHEREAS, the City of Fayetteville owns a boat dock at Lake Fayetteville; and. WHEREAS, the City desires to contract for the operation of said boat dock; and, WHEREAS, the Operator desires to operate a business at said boat dock. NOW, THEREFORE, the City and Operator hereby mutually agree as follows: 1. The City hereby retains the Operator to operate the City's boat dock at Lake Fayetteville. The Operator shall be an independent contractor and shall not be a City employee. 2. For services rendered by the Operator under this contract, the City shall pay the Operator a total of $19,320.20 to be paid in 26 equal bi-weekly payments. 3. The Operator shall be permitted to conduct the following business at the Lake Fayetteville Boat Dock: (a) Sell concessions in compliance with all State, Federal and Local regulations; (b) Sell fish bait; (c) Rent boats and motors to the public; and (d) Provide other services which the City's Parks and Recreation Director determines will enhance the operations at Lake Fayetteville. 4. The Operator shall obtain prior approval of the City's Parks and Recreation Director, or his designee, for any special event conducted at Lake Fayetteville. 5. The Operator shall open the Lake Fayetteville gate at sunrise and close said gate at sunset, seven (7) days a week. The dock shall be closed Thanksgiving day and from December 24th to January 14th. 1 -9- 6. The Operator shall collect for the City all boat stall and storage rentals, and all fees for fishing and boating permits. Said rentals and fees shall be deposited with the City Finance Department each Monday. The Operator shall keep accurate written records of all such fees and rentals. Said records shall be sub- ject to inspection by the City. The Operator shail keep such other records and such reports as may be requested by the City's Parks and Recreation Director. 7. The Operator shall enforce all the rules and regulations for the use of Lake Fayetteville set out in §13-12 of the Fayetteville Code of Ordinances. 8. The Operator shall maintain in full force and effect at all times during the term of this contract liability insurance with a minimum coverage of: (a) $100,000.00 for personal injury or death to one (1) person; and (b) $200,000.00 for personal injury or death to two (2) or more persons. 9. The Operator shall mow the yard surrounding the boat dock office and dock area at least once per week. 1C. The Operator shall pick up trash and clean the office and bathroom on a daily basis. 11. The term of this contract shall be for one (1) year commencing on April 6, 1990, and terminating on April 5, 1991 at sunset; provided, either party may terminate this contract at any time by giving the other party thirty (3C) days written notice of termination. IN WITNESS WHEREOF, this contract has been executed on the date first above written. ATTEST By: APP OVED AS TO City Attorney CITY OF FAYETTEVILLE, ARKANSAS Bv : Mayor „lily/Black Operator • :A C 0 R 0 CERTIFICATE OF INSURANCE Eat= 06/11/40 :PRODUCER : Pat Girard Insuance ' P. O. Box 1238 Springdale AR 7276E-12OS 3ter. ID DE INSURED II Jim Black Route 2, Ecx 369 Springdale AR 127611 ATTN: Lake Fayetteville Marire COVERAGES This certificate is 'sued as a matter af irfcrsatkan only and confers no :rights upon the certificate holder. -his certifIcate does nct amend.extend ;or alter the coverage afforded by the policies belaw. 1 :C N P ;COMPANY ;COMPANY :COMFAY :CDPANY :COMPANY ANIES AFFORDING COVERAGE LETTER A: National Fire & Marine Irs. LETTEF E: -ETTER E: LETTEF E: _ETTER E: This is tc certify tnat policies c' knsuranze listed beiaw have teen issued tc the insured named anove fcr the policy Prlea indicated, notwithstardirg any regairement, term cr canditior cf any contract or other occument with respect to wtich tnis certificate nay be issued or may certain,tme insuance afforded ty the policies described herein is subiect to ali the terms, exclusiors,and conditiors cf such policies. CO :JR ;ME EF INSJRANCE :POLICY NUMEER :EFF UTE :EXP DrE ;&LL UPI'S IN THOUSANDS :GENERAL LIABILITY A :[XICONNERCIAL EENEFAL LIABILITY 3LF 11 25 ?2 • ][ ;CLAIMS MACE [X]r,21RRENCE [ ]OWNER'S & LEN'S. °ROTECTIVE • [ ] 'I ] a .GENEPAL AGBREGAIE Z.Dy 04/25/90 01125;91 :PR0DUCTS-CAP/0PS AESPESATE / :FERSONALEAMPTISINS :11,1,19f / / / :EACH CECuRRENEE / / / :FIRE CAMAGE1ANY ONE FIRE; ; / :MED ExPENSE(ANY CNE tERSEN) :AAJTOMOBILE LIABILITY ;[ :ANY AUTC [ 'ALL MEE AUTOS ;[ :ISCHEDJLEE AU'OS [ MIRED LTES .[ :NON-OWNEE AU'OS ( )SARAGE LIABI_ITY ;[ ; ; ; :EEL :HELY 11:IVRY:PER °EPSON) :EEDILY INaRY.FER ACCIDENT: :FREPERT1 :AE :EXCESS LIABILITY :[ ]UMEFELLA tOREI :: WIPER 'HAN UMBRELLA FEE? •EAN DELL:FREW>: ACISREEATE :WORKER'S COMPENSATIEN AND ;EMPLOYER'S LIABILITY STATU1DPV 'EACH ACCIDENT: 1E:EASE-POLICY LIMIT, .EISEASE-EACF EMP- Ji„' :OTPER !DESCPIPTIEN Ot OPERATIONSILCEA'ICNS;:ELACLESIFEETFIE-:ONS/SPECIAL ITEMS :CERTIFICATE EMDEN City c' tavetteville Bale [ark, Earl:5 & Pec. ;qr. Fayetteville AR -729C2 ACERB 25-5:11/251 CANCELLATION Shctic any of the above described coIlcies te cancelleo befcre tip e2p1rati3n oate thereof: tte issuing company miII endeavcr to mail 30 cays writter nctice to tte certificate toder: ramed tc the left,bLt failare to mall such rotice shall impcsfimna otligatlan or liatty 4 cf any kind upon tfe ccmpanyots aqyr r presen tives • 2efritz, AUTHEFIZEE PEtRESENTATIVE