HomeMy WebLinkAbout190-03 RESOLUTIONRESOLUTION NO. 190-03
A RESOLUTION AWARDING A CONTRACT TO JIM BLACK IN
THE AMOUNT OF THIRTY ONE THOUSAND SEVEN
HUNDRED NINETEEN DOLLARS ($31,719.00) TO OPERATE
THE LAKE FAYETTEVILLE BOAT DOCK FOR CALENDAR
YEAR 2004, WITH FIVE (5) ONE-YEAR RENEWAL OPTIONS.
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 awards a contract to Jim Black in the amount of Thirty One Thousand
Seven Hundred Nineteen Dollars (531.719.00) to operate the Lake Fayetteville
boat dock for calendar year 2004, with five (5) one-year renewal options. A copy
of the contract is attached hereto marked Exhibit "A" and made a part hereof.
PASSED and APPROVED this 16th day of December, 2003.
n
� vETItL•\
101 tt;:-?•
• ATTEST:
By: 6a,td,ti4V twzbL
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
•
•
Lake Fayetteville Boat Dock Operator Contract
CITY OF FAYETTEVILLE, ARKANSAS
OPERATING CONTRACT FOR LAKE FAYETTEVILLE BOAT DOCK
For the total amount of $31,719 to be paid in monthly installments, im Black (the
"Contractor") agrees to provide the list of services and requirements to the City of
Fayetteville beginning January 1, 2004 and ending December 31, 2004. The term of this
agreement is for a twelve month period. Either party may cancel this contract by giving
the other party thirty days written notice of cancellation. The Contractor further
certifies possession of the initial capital monies to commence boat dock operations.
The City agrees to pay the Contractor in current funds for the performance of the listed
services and requirements by making payments to the contractor no later than the 15th
of each month.
CONTRACTED SERVICES AND REQUIREMENTS
1. Contractor shall operate and manage the Lake Fayetteville Boat Dock. Shall be
an independent contractor not an employee of the City. The Lake Fayetteville
Boat Dock is closed each year from December 24, through January 14. The
operator is responsible for supervising the boat dock during this time.
Contractor shall open and close the lake gates seven days a week at Sunrise and
Sunset. This includes the gates leading to the boatdock, Lake Fayetteville North,
and Veterans Memorial on the south side of the lake as directed by the Parks and
Recreation Director. Contractor is further responsible for the opening and closing
of these gates during the period in which the boatdock is closed from December
24 through January 14. Contractor is required to respond to City Central
Dispatch requests 24 hours a day to provide assistance to citizen lock -ins at
secured Lake Fayetteville gates. City will provide a pager to the contractor for
the purpose of being on-call.
Contractor shall collect boat stall rentals, storage rentals, fishing permits, and
boating permits These fees are submitted to the Parks and Recreation Office on
a weekly basis or as otherwise approved by the Parks and Recreation Director
during the slow season.
4. Contractor shall prepare reports and keep records as required by the Parks and
Recreation Director.
5. Contractor shall enforce lake rules and regulations as adopted by the Fayetteville
Code of Ordinance Chapter 97, Section 97.070 and 97.999. Contractor is to act in
the best interest of city property or public safety in response to ordinance
violations.
• •
6. Contractor shall provide proof of liability insurance with a minimum coverage
of:
$300,000.00 for one person involved in death or injury.
$500,000.00 for two or more persons involved in death or injury.
7. Contractor shall receive prior approval from the Parks and Recreation Director
for any special event conducted at Lake Fayetteville.
8. Contractor shall mow and manicure within the secured confines of the Lake
Fayetteville Boatdock area. Grounds must be maintained according to park
standards. Contractor shall provide all equipment necessary for the maintenance
of these grounds.
9. Contractor shall pick up trash and clean the office and restroom on a daily basis.
Contractor is to supply cleaning and restroom supplies. This is a public restroom
which will be used by park patrons utilizing the trails and other park features.
10. Contractor shall attend a citizen service workshop administered by the Parks and
Recreation Division and adhere to the public relation policies and procedures.
11. Contractor shall conduct the following at the Lake Fayetteville Boat Dock:
a Sell concessions in compliance with all applicable State & Federal
Laws, Municipal Ordinances, Health Department Regulations and
the rules and regulations of all authorities having jurisdiction over
the performance of this project
b. Sell related fishing equipment and supplies.
c. Provide other services which the Parks and Recreation Director
determines will enhance the operation of Lake Fayetteville.
d. All appliances and amenities related to the sale of equipment and
supplies must be provided by the contractor.
12. Contractor is hereby granted a temporary license to place and maintain a mobile
home in Lake Fayetteville Boat Dock area Mobile homes style, condition, and
location site must be approved by the Parks and Recreation Director. Mobile
home shall be structurally sound and skirting shall be installed around the
perimeter.
a. Contractor agrees to accept financial responsibility for the electric
and natural gas at the mobile home site. In exchange therefore, the
City of Fayetteville agrees to be responsible for the municipal water
account at the site. City will be responsible for the telephone
utilities at the boatdock office and the Contractor will be
responsible for the telephone utilities at the mobile home.
b. Contractor agrees to maintain the mobile home and the grounds
adjacent to the residence in good and orderly appearance, to
include grass, shrubs, and trees; place all trash or refuse in
• •
appropriate containers; and assist in monitoring the property and
improvements owned by the City of Fayetteville.
Contractor understands and agrees that he must receive Parks and
Recreation Division staff approval prior to making any
improvements to the site, including but not limited to the
construction, installation, or placement of fencing, storage
buildings, or other facilities. Outdoor storage of any personal
property must be pre -approved by the Parks and Recreation
Director.
Contractor understands and agrees that he shall be solely
responsible for insuring all personal property against any damage
or loss whatsoever, and that nothing herein shall be construed to
alter, limit or otherwise compromise that immunity afforded the
City of Fayetteville under the Constitution and Statutes of the State
of Arkansas.
Contractor understands and agrees that the property shall be used
for residential purposes only.
Contractor hereby agrees that upon termination of the Operating
Contract for Lake Fayetteville Boat Dock by expiration or by earlier
termination for any reason whatsoever, contractor will peacefully
deliver possession of the premises to the City of Fayetteville, and
remove his mobile home forthwith In the event it should become
necessary for the City of Fayetteville to institute any action of law
to recover possession at the time of termination, whenever and
however termination may occur, Contractor agrees that he will pay
all costs and expenses of such action, including reasonable
attorneys' fees.
Contractor agrees not to violate any law, ordinance, rule or
regulation of any government authority having jurisdiction over
the premises.
13. It is agreed that the failure of the City of Fayetteville to invoke any of the
available remedies under this agreement or under lay in the event of one or more
breaches or defaults by contractor under the agreement shall not be construed as
a waiver of such provisions and conditions and shall not prevent the City of
Fayetteville from invoking such remedies in the event of any future breach or
default.
14. Each paragraph in this agreement is severable from all other paragraphs. In the
event any court of competent jurisdiction determines that any paragraph or
subparagraph is invalid or unenforceable for any reason, all remaining
paragraphs and subparagraphs will remain in full force and effect.
15. Contractor shall not act as a broker or facilitate sales of boats.
• •
16. Upon budget approval by the City Council, the term of the Contract shall be for
one (1) year. However, said Contract may automatically renew for five (5)
consecutive one (1) year terms, with compensation being adjusted each renewal
period by three percent (3%) of the contracted amount for the prior year. Such
automatic renewal shall be subject to budget approval by the City Council.
17. Either party may terminate this contract at any time by giving the other party
thirty (30) days written notice of termination.
IN WITNESS WHEREOF, the parties to these presents have executed this contract in
three (3) counterparts, each of which will be deemed an original, in the year and day
first above mentioned.
ATTEST.
Sondra Smith, City Clerk
4-4411;1111-: El—re
:� �
•
CITY OF FAYETTEVILLE
Fayetteville Contractor
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 190-03
Document
NOTES:
1
11.21.03
memo to mayor & city council
draft resolution
staff review form
2
12.22.03
memo to Connie Edmonston
3
1.2.04
email to Clarice Pearman
NOTES:
• •
City Council Meeting of
CITY COUNCIL AGENDA MEMO
/a/o3
/"9
% %yye1lev,//
December 16, 2003 Litt Gal
To: • Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Connie Edmonston, Parks and Recreation Director
Date: November 21, 2003
Subject: Approval of Resolution awarding a contract to Jim Black in the amount of
$31,719 to operate the Lake Fayetteville Boatdock
RECOMMENDATION
Parks and Recreation Staff recommends approving a resolution awarding a contract to
Jim Black in the amount of $31,719 to operate the Lake Fayetteville Boatdock.
BACKGROUND
The current contract with Jim Black established by Resolution #135-98 will expire on
December 31, 2003. A Selection Committee was formed according to the Professional
Selection Policy to select a contractor. Three bids for the RFP were received. The
Committee interviewed the applicants on November 20, 2003.
DISCUSSION
The Committee selected Jim Black in the amount of $31,719 to be the Boatdock Operator
at Lake Fayetteville. Jim Black has been the Boatdock Operator since 1988. The term of
this contract is for one year. The contract may be automatically renewed for five
consecutive one years terms, with compensation being adjusted each renewal period by
three percent of the contracted amount for the prior year '
Attachment:
Contract
• •
RESOLUTION NO.
A RESOLUTION AWARDING A CONTRACT TO JIM BLACK IN
THE AMOUNT OF THIR FY ONE THOUSAND SEVEN
HUNDRED NINETEEN DOLLARS (S31,719.00) TO OPERATE
THE LAKE FAYETTEVILLE BOAT DOCK FOR CALENDAR
YEAR 2004, WITH FIVE (5) ONE-YEAR RENEWAL OPTIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansis
hereby awards a contract to Jim Black in the amount of Thirty One1Th�bu'�sar'd
Seven Hundred Nineteen Dollars ($31.719.00) to operate the- �kelaytteville
boat dock for calendar year 2004, with five (5) one -year -re' 'al o itions. copy
of the contract is attached hereto marked Exhibit "A"land made a part bel of.
PASSED and APPROVED this 16th day of December, 20O!
J
/Iv APPROVED:
ATTEST:
By: I
joeHE ETHER WOODRUFF, City Clerk
DAN COODY, Mayor
Sit REVIEW FORM - FINANCIAL OBLIufION
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of:
December 16, 2003
FROM:
Connie Edmonston
Name
Parks & Recreation
Division
Operations
Department
ACTION REQUIRED: Approval of a Resolution awarding a contract to Jim Black in the amount of $31,719 to
operate the Lake Fayetteville Boatdock.
COST TO CITY:
$31,719.00
Cost of this request
1010-5250-5315.00
Account Number
Project Number
$56, 285
Category/Project Budget
Funds Used to Date
56,285.00
Remaining Balance
Contract Services/Lake Fay Oper.
Program Category / Project Name
Lake Maintenance
Program / Project Category Name
General
Fund Name
BUDGET REVIEW: X
2004
Budget Manager
Budgeted
Budget
//-27'4JJ
Date
Item
Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
Accounting ManaggeAr/I/n/
V"'
�t
City Attorrlay
Date
ate
InternalerAudlkor
Purchasing Manager
11640.3
0.3
Date
IIlea..:4lv3
Date
F RECOMME
Division Head
rI lilt
'1161 .4 _
Departme Director
Frriance '& Internal Services Dir.
11 21-83
2 o3
Date
I /- o3
Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res$:
135-98
// 2ekc
Date f 7f
Orig. Contract Date: 20 -Oct -98
Orig. Contract Number:
New Item: / Yes
No
•
•
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Connie Edmonston
Parks & Recreation Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: December 22, 2003
Re: Res. No. 190-03
Attached please find an executed copy of the above referenced resolution passed by the City
Council, December 16, 2003, approving Jim Black's contract to operate Lake Fayetteville's Boat
Dock. I am returning to you two signed originals.
The original resolution with attachments will be recorded in the city clerks office and microfilmed.
If anything else is needed please let the city clerks office know.
/cbp
cc Nancy Smith, Internal Auditor
;lance Pearman - Lake Fayetteville Cont Page 1
From: Tracie Evans
To: Pearman, Clarice
Date: 1/2/04 3:O6PM
Subject: Lake Fayetteville Contract
Clarice,
Could you please send the two originals for the Lake Fayetteville Boat Dock Contract. We accidently
received one copy. No originals. Thanks, Tracie
)6ucti/P)
SAP
\.51