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Home My WebLink About162-04 RESOLUTION1 • RESOLUTION NO. 162-04 A RESOLUTION AWARDING A CONTRACT TO DIXIE L SMITH IN THE AMOUNT OF $25,000.00 TO OPERATE THE LAKE SEQUOYAH BOAT DOCK THROUGH DECEMBER 31, 2005. 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 Dixie L. Smith in the amount of $25,000 00 to operate the Lake Sequoyah boat dock through December 31, 2005. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED and APPROVED this 19th day of October 2004. ATTEST: By: A atikt.l SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayor V\...Vv O G'. • :U• c:FAYETTEVILLE:'. y4.'. q g; ..c. • • Lake Sequoyah Boat Dock Operator Contract CITY OF FAYETTEVILLE, ARKANSAS OPERATING CONTRACT FOR LAKE SEQUOYAH BOAT DOCK For the total amount of $25,000to be paid in monthly installments, Dixie L. Smith (the "Contractor") agrees to provide the list of services and requirements to the City of Fayetteville beginning November 1, 2004 and ending December 31, 2005. Either party may cancel this contract by giving the other party sixty 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 Sequoyah Boat Dock. Contractor shall be an independent contractor not an employee of the City. Lake Sequoyah Boat Dock is closed each year from December 24, through January 14. The operator is responsible for supervising the boat dock during this time. 2. Contractor shall open and close the lake gates seven days a week at Sunrise and Sunset. This includes the south and east gates leading to the boatdocks. Contractor is required to respond to City Central Dispatch requests 24 hours a day to provide assistance to citizen lock -ins at secured Lake Sequoyah gates. City will provide a radio to the contractor for the purpose of receiving these calls 3. 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: Workers' Compensation: Statutory Amount $300,000.00 for one person involved in death or injury. $500,000.00 for two or more persons involved in death or injury. • • For any work subcontracted, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Contractor shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by the Contractor. 7. Contractor shall provide a $1,000 bond for performance and payment of items in relation to this contract 8. Contractor shall receive prior approval from the Parks and Recreation Director for any special event conducted at Lake Sequoyah. 9. Contractor shall mow and manicure within the secured confines of the Lake Sequoyah Boatdock area. Grounds must be maintained according to park standards. Contractor shall provide all equipment necessary for the maintenance of these grounds. 10. 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. 11. Contractor shall attend a citizen service workshop administered by the Parks and Recreation Division and adhere to the public relation policies and procedures. 12. Contractor shall conduct the following at the Lake Sequoyah Boat Dock: a. Sell concessions in compliance with all applicable State and 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 Sequoyah. d. All appliances and amenities related to the sale of equipment and supplies must be provided by the contractor. The City of Fayetteville will provide the microwave, refrigerator, and three minnow tanks that are currently on site. 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 on an annual basis. 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 sixty days written notice of termination. IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) cou/�nterp rts, each of which will be deemed an original, on this the /9{lj day of eta ID Or 2004. ATTEST. Sondra Smith, City Clerk tt _ 0•1 et. •GAF's rte. .p. Egr U EVILLE' ;FAYETt %9s' 5KANSP� A � �'' ,;VGTON ; 0`` CITY OF FAYETTEVILLE Lake Sequoyah Contractor • NAME OF FILE: CROSS REFERENC Date Resolution No. 162-04 w/contract Document • 1 09/21/04 memo to mayor & City Council 2 draft resolution 3 Staff Review Form 4 memo to Connie Edmonston' 5 Certificate of Insurance 6 State Farm Fire & Casulty Company Business Policy 7 Merchants & Credit Number Farmers Bank 52 of Dumas Irrevocable Letter of 8 9 10 11 12 13 14 15 16 17 18 19 20 ,SES • City Council Meeting of • ` /4 Agenda Item Number 2/yi j t. '5' CITY COUNCIL AGENDA MEMO 4'F` St°"%ah To: Mayor Dan Coody and City Council Thru: Gary Dumas, Director of Operatioi s From: Connie Edmonton, Parks and Recreation Director Date: September 21, 2004 Subject: A resolution awarding the Lake Sequoyah Boatdock Operator Contract to Dixie L. Smith in the amount of $25,000. RECOMMENDATION Parks and Recreation recommends approval of a resolution awarding the Lake Sequoyah Boatdock Operator Contract to Dixie L Smith in the amount of $25,000 BACKGROUND Richard Utley has been the Boatdock Operator a Lake Sequoyah for the past six years. He terminated his contract with the City effective September 30, 2004. City Council approved on September 21, 2004 to ammend the operating conract for Lake Fayetteville Boatdock Operator Contract with Jim Black to include operations of Lake Sequoyah Boatdock only during the amount of October until the new contractor was selected. 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 September 28, 2004 DISCUSSION The Committee selected Dixie Smith to be the Lake Sequoyah Boatdock Operator in the amount of $25,000. This was the lowest of the three bids, which were submitted at $37,333 and $31,000. The term of this contract is on an annual basis pending upon budget approval by City Council. The Contract may be automatically renewed for five consecutive one year terms with compensation adjusted annual by three percent of the contracted amount for the prior year BUDGET IMPACT This contract is within the budget for the remaining 2004 and proposed 2005 budget. Attachments: Contract • • RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT TO DIXIE L. SMITH IN THE AMOUNT OF $25,000.00 TO OPERATE THE LAKE SEQUOYAH BOAT DOCK THROUGH DECEMBER 31, 2005. 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 Dixie L. Smith in the amount of $25,000.00 to Qperate the Lake Sequoyah boat dock through December 31, 2005 A copy -dmf bhe clontract is attached hereto marked Exhibit "A" and made a part here° PASSED and APPROVED this 19th day of October 2004. APPROVED: ATTEST: By: ONDR=A SMITH, City Clerk 'ODY, Mayor STAFFtVIEW FORM - FINANCIAL OBLIGATI. X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: October 19, 2004 FROM: Connie Edmonston Parks & Recreation Operations Name Division Department ACTION REQUIRED: A resolution awarding the Lake Sequoyah Boatdock Operator Contract to Dixie L. Smith in the amount of $25,000. COST TO CITY: 0 if $4,167-2004;$25,000-2005 Cost of this request 1010.5250.5315.00 Account Number Project Number $56,285-2004;$58,536-2005 Lake Recreation Category/Project Budget Program Category / Project Name $Ya 953 Contract Services Funds Used to Date Program / Project Category Name /353a Remaining Balance Fund Name General BUDGET REVIEW: xx dget Manager Budgeted Item Budget Adjustment Attached J'27 Date CONTRACT/GRANT/LEASE REVIEW: Accounting Manager City Atr/orney Date L... q /a-4/09 Internal Ar Date 1 Date Purchasing Manager `3b1P9 Date STAFF RECO I 7 Division Hea By ,� ?-a9-0YReceived in Mayor's Office `(j -1-°y ` DatetoDate Departme t Director Attri Finance & Internal Services Dir. Chi dministrative Officer Mayor Date /0-$—' Date /1144.0L Date /074 Date Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Yes No Staff Review Form - Page 2 • Description kij° oo7/� �uor kcierf Meeting Date October 19, 2004 Comments: L Reference Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator FAYETTEVIILLE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division DEPARTMENTAL CORRESPONDENCE • 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_clerk a®ciiayetteville.ar.us To: Connie Edmonston Parks & Recreation From& Clarice Buffalohead-Pearman City Clerk Division Date: October 25, 2004 Re: Resolution No. 162-04 The City Council passed the above resolution October 19, 2004, awarding a contract to Dixie Smith for the operating Lake Sequoyah Boat Dock. I have attached a copy of that resolution and budget adjustment. This resolution will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Attachment(s) Nancy Smith, Internal Auditor This certifies that 0 0 0 0 CERTIFICATE OF INSURANCE STATE FARM Fl 'WAND CASUALTY COMPANY, Bloomington, 1101s STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder Address of policyholder Location of operations Description of operations The policies listed below have been subject to all the terms exclusions, claims. DIXIE SMITH 6608 E. LAKE SEQUOYAH DR.,FAYETTEVILLE, AR 72701 MERCANTILE SERVICE(THE BAIT SHOP) issued to the policyholder for the policy periods shown. The insurance described in these policies is and conditions of those policies. The limits of liability shown may have been reduced by any paid POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) d/ �, DLL 1L OlV This insurance includes: Comprehensive Business ® ® Liability Products - Completed Operations Contractual Liability Underground Hazard Coverage Personal Injury Advertising Injury Explosion Hazard Coverage Collapse Hazard Coverage 11/01/09 11/01/05 BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $ 300, 000 General Aggregate $ 600,000 Products — Completed $ 300, 000 Operations Aggregate ■ C4 ❑ ❑ ❑ ❑ ■ ❑ EXCESS LIABILITY Umbrella Other POLICY PERIOD Effective Date ; Expandion Date BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) $ $ Each Occurrence Aggregate • Workers' Compensation and Employers Liability Part 1 STATUTORY Part 2 BODILY INJURY Each Accident $ Disease - Each Employee$ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 10 days before cancellation. f however, we fail to mail such notice, no obligation or liability will be imposed on State Farre or its a. - s or representativ Name and Address of Certificate Holder THE CITY OF FAYETTEVILLE 558-994 8.4 11-12-2002 Punted m U.SA. RECEIVED OCT 26 2004 CITY FFAYETTEVILLE CLERKS t=FICE AGENT Title Agent's Code Stamp AFO Code Y epresentafive Date DARRYL ANDREWS, Agent 2031 Green Acres Road Fayetteville, AR 72703-2619 (501) 442-6784 Fax: (501) 442.8651 11/19/04 FRI 12:00 FAX 5014428651 ANDREWStSTATE FARM INS Paicy NumberMICROFI IIIK ATIONS PAGE 94-CY-7236-7 ff&-0'/ba-x/0002 •unufr:2 Pahcy/ A7 w e £fnr>Lh STATE FARM FIRE AND CASUALTY COMPANY 22 STATE FARM DRIVE, MONROE LA 71208-0001 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS Named Insured and Mailing Address 1486-F682 K SMITH, DIXIE 145 N LAPIS LN APT 2 FAYETTEVILLE AR 72701-7654 RECu 'ED NOV 2 2 2004 CITY OF FAYTfEVILLE CITY CLERK'S OFFICE Cov A - Inflation Coverage Index: NIA BUSINESS POLICY - SPECIAL FORM 3 Cov B, Consumer Pricelndex: 189.9 AUTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automatically sub ect to the premiums, rules and forms to effect for each succeeding policy period. If this policy is term nated, we will give you and the Mortgagee/Lienholder written notice iy n compliance wall the policy provisions or as required by law. policy period: 12 Months The policy period begins and ends at 12:01 am standard time at the Effective Date: NOV 1 2004 premises location. Expiration Date: NOv 1 2005 Named Insured: Individual Location of Covered Premises: 6608 E LAKE SEOUOVAH DR FAYETTEVILLE AR 72701-0607 Coverages & Property Section I A Buildings B Business Personal Property C Loss of Income - 12 Months Section II L Business Liability M Medical Payments Products -Completed Operations (PCO) Aggregate General Aggregate (Other Than PCO) Limits of Insurance Excluded $ 1,000 $ Actual toss 300,000 5,000 600,000 $ 600,000 Forms, Options, and Endorsements Special Form 3 Amendatory Endorsement Tree Debris Removal Fungus (Including Mold) Excl Terrorism Insurance Cov Notice Policy Endorsement - Business Policy Endorsement -Business Continued on Reverse Side of Page OTHER LIMITS AND EXCLUSIONS MAY APPLY • REFER T YO RR POLILY CouR►(elrsiigned II / I �`7 FP --803993 .2C GSGJ By ay. 01N-4.4 rP.I..9.1 -f Agent 0Your policy consists of thls page, anyendorsements DARK 77CCNDREW JR Po Y P 9 479 442-�N and the policy loam- PLEASE KEEP THESE TOGETHER. �. Prepared NOV 10 2004 FP -6103 FE -6204.1 FE -6451 FE -6566 FE -6999 FE -6610 FE -6464 Occupancy: Mercantile Deductibles - Section I $ 500 Basic In case of Toss under this policy, the deductible will be applied to each occurrence and will be deducted from the amount of the loss. Other deductibles may apply - refer to policy. POLICY PREMIUM $ 300.00 Minimum Premium IaVJ477A1 near armee BANK OF DUMAS Member '.1) 1. 4 i L*.a 412 to/ 2-7144 ICROFILJ q jy Tc(fV ! z't%r - Ccr_d14/ o nt I2 (.5441 .1 IRREVOCABLE LETTER OF CREDIT NUMBER 52 October 27, 2004 City of Fayetteville Parks and Recreation Division 113 W Mountain Fayetteville, AR 72701 Gentlemen: We have extended our Irrevocable Letter of Credit Number 52 in your favor upon the following terms: We authorize you to value on us for the account of Dixie Smith, a sum or sums in U.S. Dollars not exceeding a total of $1,000.00 by your draft at sight accompanied by your signed statement stating that Dixie Smith has failed to comply with your contract agreement between City of Fayetteville Parks and Recreation Division and Dixie Smith and drawing hereunder will be used to satisfy the indebtedness under the contract agreement. This credit will expire on November 26, 2005 and is subject to the "Uniform Customs and Practice for Documentary Credit (1993 Revision), International Chamber of Commerce Brochure No. 500." We engage with you that the draft drawn under this Letter of Credit Number 52 shall meet with due honor upon presentation at this office on or before November 26, 2005. Should you have any questions concerning the above, please feel free to contact me at 870-382-4311. Sine rely, ME CHANT AND FARMERS BANK L on Adcock COO/COB RECEIVED NOV 0 2 2004 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE P.O. BOX 187 • DUMAS, ARKANSAS 71639-0187 • 870/382-4311 • FAX 870/382-5901