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Home My WebLink About141-04 RESOLUTION• • RESOLUTION NO. 141-04 A RESOLUTION APPROVING AN AMENDMENT TO THE LAKE FAYETTEVILLE BOAT DOCK CONTRACT WITH JIM BLACK TO INCLUDE OPERATION OF THE LAKE SEQUOYAH BOAT DOCK FOR THE MONTH OF OCTOBER 2004 FOR THE ADDITIONAL COMPENSATION OF $2,728.00. 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 an amendment to the Lake Fayetteville Boat Dock Contract with Jim Black to include operation of the Lake Sequoyah Boat Dock for the month of October 2004 for the additional compensation of $2,728.00. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED and APPROVED this 21st day of September 2004. ATTEST: By SONDRA SMITH, 0ty Clerk APPROVE By DAN COODY, Mayo 001, SSS �R R v' •A FAYETfEVILLE: • • AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND JIM BLACK This Contract Amendment, entered into this o2 / day of pl A in b.t r 2004, by and between the City of Fayetteville, a municipal corporation, hereinafter referred to as the "City," and Jim Black. WHEREAS, the City has contracted with Jim Black to operate and manage the Lake Fayetteville Boat Dock; and, WHEREAS, the City has an immediate need for someone to temporarily operate and manage the Lake Sequoyah Boat Dock; and WHEREAS, the City desires that Mr. Black operate and manage the Lake Sequoyah Boat Dock. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter provided, the City and Jim Black agree as follows: 1. Services. Jim Black shall operate and manage the Lake Sequoyah Boat Dock, consistent with the terms and conditions set forth in Paragraphs 1-10 of the Lake Sequoyah Boat Dock Operating Contract, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 2. Compensation. For the services provided by Jim Black, the City shall compensate Jim Black at the rate of $88.00 per day. 3. Term. This Amendment shall commence at midnight, September 30, 2004, and expire at midnight, October 31, 2004. 4. Non -waiver. It is agreed that the failure of any party to invoke any of the available remedies under this Amendment or under law in the event of one or more breaches or defaults by any party under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default. 1 • • 5. Severability. Each paragraph of this Amendment 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 shall remain in full force and effect. 6. Governing Law. This Amendment shall be interpreted according to and enforced under the laws of the State of Arkansas. 7. Supplemental Nature of the Amendment. The parties agree and understand that this Amendment is supplemental to the original Contract, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. IN WITNESS WHEREOF, the City and Jim Black have executed this Agreement on or as of the date first written above. G JIM LACK ATTEST: SONDRA SMITH, City Clerk CITY OF F By: •13: E ;FAYETTEVILLE• 6.1•46, Pg �� %,7tp • ./ NS �J �,. ',..,;.GrTOrN1 • ..... 2 TTEVILLE DAN COODY, Mayor • NAME OF FILE: CROSS REFERENCE: Date Resolution No. 141-04 w/contract amendment Document • 1 09/03/04 memo to mayor & City Council 2 draft resolution 3 letter from Richard Utley 4 copy of contract for $1975.00 5 copy of Lake Recreation Ordinance 6 Staff Review Form 7 memo to Connie Edmonston 8 9 10 11 12 13 14 15 16 NOTES: Citytouncil Meeting of September 21, 2004• / �577 Agenda Item Number/4Kl fly4t1 2V4 CITY COUNCIL AGENDA MEMO Aduc9111� To: Mayor Dan Coody and City Council Thru: Gary Dumas, Director of Operations From: Connie Edmonston, Parks & Recreation Director Date: September 3, 2004 Subject: Operations of Lake Sequoyah Boatdock RECOMMENDATION Parks and Recreation Staff recommends to amend the operating contract for Lake Fayetteville Boatdock with Jim Black to include operations of Lake Sequoyah Boatdock from October 1, 2004 through October 31, 2004 in the amount of $2,728. BACKGROUND Richard Utley has been the Boatdock Operator at Lake Sequoyah for the past six years. He has done an outstanding job operating the boatdock office. Mr. Utley has submitted his 30 -day written notice of termination of his contract with the City effective September 30, 2004. DISCUSSION A Professional Selection Committee has been comprised to review and approve the Referral for Proposal of the Contract for the Lake Sequoyah Boatdock Operator. The RFP will be advertised for approximately three weeks with a deadline date of September 24, 2004. The Committee will interview the qualified proposals on September 28, 2004 and the recommended contract will be on the October 19, 2004 City Council Agenda for approval Therefore, a temporary contractor is needed to operate Lake Sequoyah Boatdock for 31 days in order to continue operations and services to our citizens from sunrise to sunset, seven days a week as stipulated in our City Ordinance Number 4188. BUDGET IMPACT Jim Black, Lake Fayetteville Boatdock Contractor, has proposed to temporarily manage Lake Sequoyah Boatdock at a daily rate of $88 per day, or $2,728 for the 31 days This is basically at the same rate as his current contract at Lake Fayetteville. Jim Black has been the Lake Fayetteville Boatdock Operator for the past 16 years and is very knowledgeable of the City Ordinances, as well as the Policies and Procedures for lake operations. The proposed amendment would allow Jim Black to operate and manage Lake Sequoyah Boatdock consistent with the existing contract with Richard Utley. Attachments: Richard Utley's Contract Termination Letter Amendment to the Contract with Jim Black Contract Lake Sequoyah Boatdock Operator -Richard Utley Lake Recreation Ordinance Number 4188 • • RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE LAKE FAYETTEVILLE BOAT DOCK CONTRACT WITH JIM BLACK TO INCLUDE OPERATION OF THE LAKE SEQUOYAH BOAT DOCK FOR THE MONTH OF OCTOBER 2004 FOR THE ADDITIONAL COMPENSATION OF $2,728.00. 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 an amendment to the Lake Fayetteville Boat Doek C apct with Jim Black to include operation of the Lake Sequoyah Boat Docntrkor the month of October 2004 for the additional compensationoffl$2,8J00 $ 4opy of the contract is attached hereto marked Exhibit "A" andhmade a part hereo. PASSED and APPROVED this 21st day offjptember 200. A 11?EST: DRA SMITH, City Clerk DAN COODY, Mayor Richard Utley 6632 E Lake Sequoyah Dr. Fayetteville, AR 72701 August 12, 2004 Connie Edmonstron Parks & Recreation Director City of Fayetteville Fayetteville, AR Dear Connie: My six-year term at Lake Sequoyah Boat Dock has been the most my career, and I regret having to make a difficult announcement. I feel that the time has come for me to retire and spend some time Heidi Please accept my resignation effective September 30, 2004. I will miss all the folks that I have worked with and want to thank all of you for your support and help during my time at Lake Sequoyah. Sincerely, rewarding period of traveling with my wife Richard Utley Lake Sequoyah Boat Dock Operator • • hs . 158- a I CITY OF FAYETTEVILLE Lake Sequoyah Boat Dock Operator Contract OPERATING CONTRACT FOR LAKE SEQUOYAI BOAT DOCK For the total amount of $1,975.00 to be paid in monthly installments, Richard Utley (the "Contractor") agrees to provide the list of services and requirements to the City of Fayetteville beginning January 1, 2002 and ending on December 31, 2002. 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. Richard Utley (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 15" of each month. CONTRACTED SERVICES AND REQUIREMENTS 1. Contractor shall operate and manage the Lake Sequoyah Boat Dock. Shall be an independent contractor, not an employee ofthe City. Opens and closes the lake gates seven days a week at sunrise and sunset. The Lake Sequoyah Boat Dock is closed each year form December 24 through January 14. The operator is responsible for supervising the boat dock during this time. 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. Prepare reports and keep records as required by the Parks and Recreation Superintendent. 4. Enforce lake rules and regulations as adopted by the Fayetteville Code of Ordinances Chapter 97, Section 97.070 and 97 999 5. Purchase and 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. 6. Receive prior approval from the Parks and Recreation Superintendent, for any special event conducted at Lake Sequoyah. 7. Mow the yard surrounding the boat dock office and dock area to maintain a manicured appearance. 8. Pickup trashand clean the office and bathroom on a daily basis. Contractor is to supply cleaning and bathroom supplies. Conduct the following at the Lake Sequoyah Boat Dock: a. Sell concessions in compliance with all applicable State & Federal Laws, • • • Res. 157-01 Municipal Ordinances, Health Department Regulations and the rules and regulations of all authorities having jurisdiction over the performance of this project. b. Sell fish bait. c. Provide other services which the Parks and Recreation Superintendent determines will enhance the operation of Lake Sequoyah. 10.. On call to the boat dock operations 24 hours a day. 11. 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 four (4) consecutive one (1) year terms, with compensation being adjusted each renewal period by the Consumer Price Index for the prior year. Such automatic renewal shall be subject to budget approval by the City Council. 12. Either party may terminate this contract at any time by giving the other party thirty (30) days written notice of termination. „Ma, WHEREOF, the parties to these presents have executed this contact in three (3) counterparts, f t' iil be deemed an original, in the year and day first above mentioned. 1 G. • i. CITY OF FAYETTEVILLE, ARKANSAS (City) (Richard Utley - Contractor) • FAYETTEVILLE Parks & Recreation Division LAKE RECREATION ORDINANCE OF THE CITY OF FAYETTEVILLE, ARKANSAS • LAKE FAYETTEVILLE, LAKE SEDUOYAH, AND LAKE WILSON FISHING. BOATING. AND PICNICKING A. Hours. Lake Fayetteville, Lake Sequoyah, and Lake Wilson shall be open to the general public throughout the year from sunrise to sunset daily and shall be closed each day from sunset to sunrise; provided, each lake shall be closed Thanksgiving Day. The boat docks shall be closed an December 24th and shall remain closed through January 14th. B. Permits for fishing and boating. 1. Permits: Season Fishing Penh • 120 per individual far both lakes. (65 & over $15) Season Boating Permit. $20 par Individual for both Takes. (85 & over $15) Daily Fishing Permits. $2 per Individual far each lake. (85 & over $ I) Dairy Boatkpileunchmg Permits. $2 per individual for each lake 1115 & over 1 1) 2. Miscellaneous: a. Each parson 16 years of age or older is required to purchase a fishing permit for fishing an each lake or any stream within the City owned lake property. thereof b. A boating permit applies to the boat rather than the occupants c. All daily permits are only good during the day of purchase. C. Boat docking. Boat docking shall be permitted at the boat docks at Lake Fayetteville and Lake Sequoyah an a space available basis. Fen: lake Fayetteville. Residents • 5200 annially per heat Non•flesidnts•$260 annually per boat Lake Sequoyah • *B0 annually per boat. 0. Fishing. All fishing shall be done only from the lake bank or boat. No wading, swimming, or belly boats shall be permitted. Arkansas Game and Fish regulations shall control the number and size of fish which may be caught, however, the Fayetteville Parks and Recreation Division may provide additional requirements necessary to manage the fish population. All persons should check with the boat dock operator before fishing. It shall be unlawful for any person fishing to use trot linea, sat lines, limb lines, cast nets, yo-yo's or jug fishing. E. Boating. A boating pemdt for each boat must be purchased before its use an the lake. All boats must be docked at the boat landing at lake closing time. No boats except those used by lake employees will be docked at any other location on the lake. F. Place of entry. All persons are warned to enter the lake for boating or fishing only through the entrance at the lake office. Persons entering the lake property from any other location shall be considered trespassing and subject to prosecution. G. Use of motors on boats. 1. In the event that motors are used on boats, the boats shall be operated in such a manner that they will not endanger other boats ar the occupants thereof and shall not be operated in such a manner as to create heavy ween causing undue erosion of the shoreline. 2. No boats shall be permitted within 500 feet of the spillway of Lake Sequoyah. 3. No houseboats, water skiing, or jet skis allowed. Speeding and haat racing is not permitted and each outboard motor operator is cautioned to operate his motor in a safe and cautious manner. Failure to abide by this requirement will cause loss of boating permit. The dock operator shall revoke the boating pemdt of any boat which in his judgment is unsafe, ovedoaded, or operated in a careless manner. 4. All state laws governing boats must be complied with before using a heat on any City lake. Facilities for docking or landing of boats will be provided, however, the City of Fayetteville, Arkansas will not be responsible for any damage or theft of boats, motors or equipment left in boats at docks. H. Picnicking or other recreational activities. Picnicking is permitted on any part of Lake Fayetteville, Lake Sequoyah, or Lake Wilson or land surrounding said lakes, except within restricted nature areas, which is controlled by the City of Fayetteville, Arkansas. Overnight camping is allowed only by special group permit. I. Committing nuisances. No person shall commit any nuisance while on Lake Fayetteville, Lake Sequoyah, and Lake Wilson or any of the land surrounding the lakes belonging to the City of Fayetteville, Arkansas, nor shag any trash or other materials be thrown into the lakes or left about the shore line or on the premises of any lake. J. Fishing and boating prohibited near intake tower. No one shall climb upon, enter, or fish from the intake towers of the lakes. K. Fishing on stream below dam. State laws governing fishing below dams shall be applicable on City propeny. Fishing permits are required to fish in the stream an City property below the darns. L. Firearms and hunting. No firearms, hunting or trapping will be permitted on City owned property at any time. M. Use of motor vahlclea. No person at Lake Fayetteville, Lake Sequoyah, or Lake Wilson shall drive a motor vehicle or ride a motorcycle, ATV or bicycle on other than a paved vehicular road or path designated for that purpose. N. Revoking permits. The City of Fayetteville, Arkansas, shall have the right to revoke any permit issued under this ordinance if it is determined that the permittee willfully violated any of the provisions of this ordinance. When a permit is revoked, there will be no refunds. Feud and Approved by the City Council of the City of Fayeneville, Arkansas Jun 1,1866; Ordinate* No. glee STAFF VIEW FORM - FINANCIAL OBLIGATI! X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: kyr 21 004 FROM: Connie Edmonston Name Parks & Recreation Division Operations Department ACTION REQUIRED: Approval of a resolution to ammend the Operating Contract for Lake Fayetteville Boat Dock with Jim Black to add services at Lake Sequoyah Boat Dock during October 1, 2004 thru October 31, 2004 in the amount of $2,728.00. COST TO CITY: $2,728.00 Cost of this request 1010.5250.5315.00 Account Number Project Number 56,285.00 Category/Project Budget 42,753.27 Funds Used to Date $ 13,531.73 Remaining Balance Contract Services Program Category / Project Name Lake Maintenance Program Program / Project Category Name General Fund Name BUDGET REVIEW: �t Manager Budgeted Item /e. Date Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: Acco. ting Manager �9 ' Cr/ City Atto ney 9/°99 Date Y Date Internal Auditor Purchasing Manager Date Date F RECOMNE ON: Appr Division H -.d s Department Director Finance' & Internal Services • Dir. vat of resolution # 04-19 i'-3'Ott .Date 911124 Date Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: 190-03 Date 2,0' Orig. Contract Date: 1/1/2004 Orig. Contract Number: New Item: 473 Yes No FAYETTEALLE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division DEPARTMENTAL CORRESPONDENCE • 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 To: Connie Edmonston Parks & Recreation From: Clarice Buffalohead-Pearman PI' City Clerk Division Date: September 27, 2004 Re: Resolution No. 141-04 The City Council passed a resolution, September 21, 2004, approving an amended contract with Jim Black for operating Lake Fayetteville and Lake Sequoyah. I have attached a copy of the resolution and two of three originals of the contract. The resolution with attachments will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc- Nancy Smith, Internal Auditor