HomeMy WebLinkAbout253-09 RESOLUTIONRESOLUTION NO. 253-09
A RESOLUTION APPROVING A LAKE FAYETTEVILLE BOAT DOCK
OPERATOR CONTRACT WITH DOLLIE BLACK IN THE AMOUNT OF
$36,771.00
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 a
contract with Dollie Black in the amount of $36,771.00 for operation of the Lake Fayetteville
boat dock. A copy of the contract, marked Exhibit "A," is attached hereto and made a part
hereof.
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PASSED and APPROVED this 15'h day of Decemb Z' rn •„s .
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APPROVED:
ATTEST:
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By: Glita Mat
N, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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Lake Fayetteville Boat Dock Operator Contract
CITY OF FAYETTEVILLE, ARKANSAS
OPERATING CONTRACT FOR LAKE FAYETTEVILLE BOAT DOCK
For the total amount of $36,771 00 to be paid in monthly installments, Dollie Black (the
"Contractor") agrees to provide the list of services and requirements to the City of
Fayetteville beginning January 1, 2010 and ending December 31, 2010. Either party may
cancel this contract by giving the other party sixty (60) 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 15±
of each month.
CONTRACTED SERVICES AND REQUIREMENTS
1. Contractor shall operate and manage the Lake Fayetteville Boat Dock.
Contractor 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.
2. Contractor shall open and close the lake gates seven days a week at Sunrise and
Sunset. 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.
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.
EXHIBIT
A
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
Contractor shall receive prior approval from the Parks and Recreation Director
for any special event conducted at Lake Fayetteville.
9. 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.
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 Fayetteville 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 Fayetteville
d. All appliances and amenities related to the sale of equipment and
supplies must be provided by the contractor.
13. 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.
c. Contractor understands and agrees that he/she 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.
d. Contractor understands and agrees that he/she 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.
e. Contractor understands and agrees that the property shall be used
for residential purposes only.
f. 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/her 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/she
will pay all costs and expenses of such action, including reasonable
attorneys' fees.
g. Contractor agrees not to violate any law, ordinance, rule or
regulation of any government authority having jurisdiction over
the premises.
14. 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.
15. 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.
16. Contractor shall not act as a broker or facilitate sales of boats.
17. 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 and increase shall be subject to budget approval by the City
Council.
18. Either party may terminate this contract at any time by giving the other party
sixty (60) 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, on
this the
ATTEST:
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Sondra Smith, City Clerk
2009.
CITY OF FAYETTEVILLE
Dollie Black
Lake Fayetteville Contractor
DATE• November 16, 2009
TO:
FROM: Dollie Black
City of Fayetteville Purchasing Division
RE: Lake Fayetteville Boatdock Operator Contract
In the RFP that I submitted to the City of Fayetteville for the Lake Fayetteville Boatdock
Operator Contract, I requested $37,874.13 for the annual compensation, which is a three
percent increase over the 2009 contract. The contract states there is a three percent
increase each year pending upon City Council's approval of the budget. Connie
Edmonston, Parks & Recreation Director, requested that 1 consider the contract amount to
be the same as in 2009 due to the fact of the declining economy, City Staff's wages were
frozen, and the Parks and Recreation Department's budget kept the boatdock contract
compensation at the 2009 amount of $36,771. With this memo, I thereby consent to
accept an annual contract amount of $36,771 for 2010.
cc: Connie Edmonston, Parks & Recreation Director
Connie Edmonston
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/15/2009
City Council Meeting Date
Agenda Items Only
Division
Action Required:
Parks & Recreation
Department
A resolution awarding the Lake Fayetteville Boatdock Operator Contract to Dollie Black in the amount of $36,771.
$36,771
Cost of this request
1010.5250.5315.00
Account Number
Project Number
Budgeted Item
74,953.00
Category / Project Budget
2010 Budget
Services and Charges
Program Category / Project Name
Lake Maintenance
Funds Used to Date Program / Project Category Name
74,953.00
Remaining Balance
Budget Adjustment Attached
'Pq.A S . c�..a ..
Finance and Internal Services Director
/1-2L141
Date
23-2411
Date
Date
General Fund
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in
Mayor's Office
Comments:
Revised January 15, 2009
Lake Fayetteville Boatdock Operator Contract
P. 1
City Council Meeting of December 15, 2009
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan and City Council
Thru: Don Marr, Chief of Staff
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From Connie Edmonston, Parks and Recreation Director,(
Date: November 19, 2009
Subject: A resolution awarding the Lake Fayetteville Boatdock Operator Contract to
Dollie Black in the amount of $36,771.
RECOMMENDATION
Parks and Recreation recommends approval of a resolution awarding the Lake
Fayetteville Boatdock Operator Contract to Dollie Black in the amount of $36,771.
BACKGROUND
Jim and/or Dollie Black have been the Boatdock Operators at Lake Fayetteville for the
past 21 years. Her contract expires effective December 31, 2009. A Selection Committee
was formed according to the Professional Selection Policy to select a contractor. One bid
for the RFP was received and approved by the Selection Committee. The amount
approved by City Council in the 2010 budget for the Lake Fayetteville and Lake
Sequoyah Boatdock contracts remained the same as in 2009. The contract amount
requested by Dollie Black was three percent higher than 2009. Dollie Black agreed to
negotiate this contract to remain the same as the 2009 contract due to budget restaints as
outline in her attached memo.
DISCUSSION
The Committee selected Dollie Black to be the Lake Fayetteville Boatdock Operator in
the amount of $36,771. The term of these contracts are 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 annually by three percent of the
contracted amount for the prior year upon approval in the Annual Budget process.
BUDGET IMPACT
This contract is within the budget for the proposed 2010 budget.
Attachments:
Contract Lake Fayetteville
Dollie Black's Memo
RESOLUTION NO.
A RESOLUTION APPROVING A LAKE FAYETTEVILLE BOAT DOCK
OPERATOR CONTRACT WITH DOLLIE BLACK IN THE AMOUNT OF
$36,771.00
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 a
contract with Dollie Black in the amount of $36,771.00 for operation of the Lake Fayetteville
boat dock. A copy of the contract, marked Exhibit "A," is attached hereto and made a part
hereof.
PASSED and APPROVED this 15th day of December, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Approvals:
Mayor: Department Director: Purchasing Manager:
Finance & Internal Services Director: Budget Manager: IT Manager:
Dispatch Manager: Utilities Manager: Other: .
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Requester:
Tracie Martin
(Address:
Vendor #:
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