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HomeMy WebLinkAbout214-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 214-16 File Number: 2016-0540 RFP NO. 16-07 LAKE SEQUOYAH MARINA OPERATOR CONTRACT: A RESOLUTION TO AWARD RFP NO. 16-07 AND APPROVE THE LAKE SEQUOYAH MARINA OPERATOR CONTRACT WITH MICHAEL MCBRIDE IN THE AMOUNT OF $22,800.00 FOR SERVICES IN 2017, WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS CONTINGENT UPON ANNUAL BUDGET APPROVAL. 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 RFP No. 16-07 and approves the Lake Sequoyah Marina Operator Contract with Michael McBride in the amount of $22,800.00 for services to be rendered in 2017, with automatic renewals for up to four additional one year terms contingent upon annual budget approval. PASSED and APPROVED on 12/6/2016 Page 1 Sondra E. Smith, City Clerk Treasurer Printed on 1217116 i(t,tTi�7'r fir✓ �� �'�"�s..��i"� Attest: 'r`t'r •h-4 fdPC�."ti�i r �J�}Ii 111 It Sondra E. Smith, City Clerk Treasurer Printed on 1217116 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0540 Agenda Date: 12/6/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 9 RFP NO. 16-07 LAKE SEQUOYAH MARINA OPERATOR CONTRACT: A RESOLUTION TO AWARD RFP NO. 16-07 AND APPROVE THE LAKE SEQUOYAH MARINA OPERATOR CONTRACT WITH MICHAEL MCBRIDE IN THE AMOUNT OF $22,800.00 FOR SERVICES IN 2017, WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS CONTINGENT UPON ANNUAL BUDGET APPROVAL 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 RFP No. 16-07 and approves the Lake Sequoyah Marina Operator Contract with Michael McBride in the amount of $22,800.00 for services to be rendered in 2017, with automatic renewals for up to four additional one year terms contingent upon annual budget approval. City of Fayetteville, Arkansas Page 1 Printed on 121712016 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2016-0540, Legistar File ID 2/61201 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/10/2016 Parks & Recreation / Parks & Recreation Department Submitted Date Division / Department Action Recommendation: Approval of a resolution to award the Lake Sequoyah Marina Operator contract to Michael McBride in the amount of $22,800. Budget Impact: 1010.520.5250.5315.00 Account Number General Fund Fund Project Number Project Title Budgeted Item? Yes Current Budget $ 25,008.00 Funds Obligated $ - Current Balance Does item have a cost? Yes Item Cost $ 22,800.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget v24r4a7ro Previous Ordinance or Resolution # 227-10 Original Contract Number: Approval Date; Comments: Pending City Council approval of 2017 annual budget. CITY OF a 711C ARKANSAS TO: Mayor Jordan and City Council THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Parks Maintenance Superintendent DATE: November 10, 2016 STAFF MEMO SUBJECT: A resolution awarding the Lake Sequoyah Marina Operator contract to Michael McBride in the amount of $22,800. RECOMMENDATION: Parks and Recreation Staff recommends approval of a resolution awarding the Lake Sequoyah Marina Operator contract to Michael McBride in the amount of $22,800. BACKGROUND: The City contracts the operation of the Lake Sequoyah marina. The contractor is responsible for the day to day operation of the marina which includes opening and closing at sunrise and sunset and selling permits for fishing and boating. Additional responsibilities include maintaining the grounds and selling concessions and related fishing supplies. The existing contract with Michael McBride was approved in 2011 and allowed four (4) automatic renewals for one year each. The existing contract expires December 31, 2016. On September 30, 2016, a Request for Proposal was issued for the Lake Sequoyah Marina Operator. One proposal was received and reviewed by a Selection Committee according to the Professional Selection Policy. The proposal that was received was from the existing Marina Operator, Michael McBride. Since Michael was the only candidate and has performed the function satisfactorily for the last five years, it was unanimously agreed by the committee to accept his proposal. DISCUSSION: Michael took over as the Lake Sequoyah Marina contractor in 2011. Since that time, he has made significant improvements to the lake operations and surrounding property. He has organized the bait shop and offers a wide selection of baits and lures as well as concessions. He maintains the grounds and has also been instrumental in obtaining and leading community service workers to help maintain areas around the lake to enhance access and fishing opportunities. He helps maintain the nature trail around the lake and is diligent to discourage and prevent illegal dumping and other unwanted activity at the lake. Michael's experience and proven track record at Lake Sequoyah warrants the awarding and renewal of this contract. BUDGET/STAFF IMPACT: The 2017 proposed budget has $25,008 budgeted for the Lake Sequoyah Marina Operator. Mr. McBride's bid is for $22,800. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: Lake Sequoyah Marina Operator Contract RFP 16-07 Lake Sequoyah Marina Operator — Michael McBride CITY OF Tay e vle ARKANSAS City of Fayetteville, Arkansas Purchasing Division - Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 16-07, Lake Sequoyah Marina Operator DEADLINE: Tuesday October 25, 2016 before 3:00:00 PM, local time RFP DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imcgaugh@fayetteville-ar.gov_ DATE OF ISSUE AND ADVERTISEMENT: Friday September 30, 2016 REQUEST FOR PROPOSAL RFP 16-07 Lake Se uo ah Marina Operator No late proposals shall be accepted. RFP's shall be submitted in sealed envelopes labeled with the project number and name as well as the name and address of the firm. All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of submitting, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Agent. Name of Firm: Contact Person: _ I G�V1a{�_4 IA%c4 , Ap Title: E -Mail: mmcbr��Ae 9,)�9SgAAc4Inoo. co m, _ Phone: q79-�,Sq Business Address: oZg ��� 5 ten ea _ City: W -, as ,0W State: NK Zip: r] Signature: Y'zvt` ync-" . Date: Jq - Lc) -opIb City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 1 of 24 City of Fayetteville RFP 16-07, Lake Sequoyah Marina Operator Advertisement City of Fayetteville, AR Request for Proposal RFP 16-07, Lake Sequoyah Marina Operator The City of Fayetteville, Arkansas, is requesting sealed proposals from experienced professionals interested in providing marina operator services for Lake Sequoyah for a potential five (5) year term based on renewal options. To be considered, sealed proposals shall be received at the City Administration Building, City Hall, Purchasing — Room 306, 113 West Mountain, Fayetteville, Arkansas, before Tuesday October 25, 2016 at 3:00:00 PM, local time. No late submittals shall be accepted. Forms & addendums can be downloaded from the City's web site at www.fayetteville-ar.gov/bids. All questions regarding the process should be directed to Les McGaugh, at Imcg<tugli@)fayetteville-ar.gov or (479)575-8220. All interested parties shall be qualified to do business and licensed in accordance with a!I applicable laws of the state and local governments where the project is located. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all parties agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any interested party because of such rejections, nor shall any interested party seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Statement in response to this invitation shall constitute an agreement of the interested party to these conditions. CITY OF FAYETTEVILLE, AR By: Les McGaugh Title: Purchasing Agent Ad date: 09/30/2016 City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 2 of 24 City of Fayetteville RFP 16-07, Lake Sequoyah Marina Operator SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost effective manner. b. A description of the Proposers experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFP. c. The complete fee and cost to the City for all services outlined in this RFP. d. Statement should be no more than twenty five (25) pages; single sided, standard, readable, print on standard 8.5x11 papers. Proposers are welcome to submit a three (3) page (maximum) executive summary. The following items will not count toward the page limitations: appendix, cover sheet, 3 -page executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by the City for completion. e. All Proposers shall submit six (6) sets of their proposal as well as one (1) electronic cQa on a properly labeled CD or other electronic media device. The electronic copy submitted should be contained into one (1) file. The use of Adobe PDF documents is strongly recommended. Files contained on the CD or electronic media shall not be restricted against saving or printing. The electronic copy shall be identical to the original papers submitted. Electronic copies shall not be submitted via e-mail to -City employees by the Proposer. f. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposers will be available after the deadline until a contract has been awarded by the Fayetteville City Council. _ All interested parties understand proposal documents will not be available until after a valid contract has been executed. g. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. h. Proposals shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. i. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 3 of 24 j. Proposers shall have experience in work of the same or similar nature, and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. k. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non-negotiable. Proposers desire to take exception to a non- negotiable term will not disqualify it from consideration for award. I. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL. PROCESS: In addition to all other rights of the City of Fayetteville, under state law; the City specifically reserves the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 4 of 24 e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. 5. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 7. ORAL PRESENTATION: An oral presentation and/or interview to the selection committee may be requested of any firm, at the committee's discretion. 8. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". b. The Proposer shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 5 of 24 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. 10. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. 11. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 12. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 13. COLLUSION: City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 6 of 24 The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 14. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 18. CERTIFICATE OF INSURANCE: The successful Proposer shall provide a Certificate of Insurance in accordance with specifications listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid throughout project completion. City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 7 of 24 19. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposers acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 20. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving sixty (60) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 21. ASSIGNMENT SUBCONTRACTING CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purpose of this Agreement. 22. NON-EXCLUSIVE CONTRACT: City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 8 of 24 Award of this RFP shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestors staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. ADDITIONAL REQUIREMENTS; The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 26. INTEGRITY OF REQUEST FOR PROPOSAL RF PI DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form of an addendum to the original RFP documents. City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 9 of 24 27. OTHER GENERAL CONDITIONS: a. Proposers must provide the City with their proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. b. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone (479.575.8220) or e-mail (imcpaugh@f-c)yetteville-ar.gav). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. f. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (fmcgaught@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a RFP's content or to exclude any relevant or essential data. i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 10 of 24 expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. j. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. 28. PERIOD OF CONTRACT: a. Services performed pursuant to this Contract shall commence upon execution of this agreement and continue through December 31, 2017, unless canceled or terminated within thirty (30) days written notice by either party. This contract may be automatically renewed for four (4) additional one (1) year terms after the initial contract period, for a total possible contract term of FIVE (5) years. Such automatic renewal and any associated increase shall be subject to budget and contract approval by the Fayetteville City Council. In the event of termination, claims for compensation owed the City shall be limited to verifiable serves rendered. City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 11 of 24 City of Fayetteville RFP 16-07, Lake Sequoyah Marina Operator SECTION B: Scope of Services and General Information 1. PURPOSE & OVERVIEW: The City of Fayetteville, Arkansas, hereinafter referred to as "the City", seeks proposals from organizations or individuals to provide boat dock operator services to the City of Fayetteville, Arkansas at Lake Sequoyah. 2. INTENT: The City intends to select an individual or organization to provide Lake Sequoyah Marina Operator services for a one (1) year term, with four (4) one year renewal options resulting in a potential five (5) year contract. 3. SCOPE OF WORK: While the exact range and extent of services is subject to negotiation, it is anticipated that the selected firm shall provide, as a minimum, professional services and adequately experienced dedicated personnel necessary to perform the following: a. Operate and manage the Lake Sequoyah Marina and bean independent contractor (not an employee) of the City. The Lake Sequoyah Marina is closed each year on Thanksgiving Day and from December 24, through January 14. The operator is responsible for supervising the marina during this time. b. Open and close the lake gates seven (7) days a week at Sunrise and Sunset: This includes the gates leading to the marina and other areas around the lake as directed by the Parks and Recreation Director. 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. c. Contractor shall collect 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. d. Contractor shall prepare reports and keep records as required by the Parks and Recreation Director. e. 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. (See Attachment A: Chapter 97, Section 97.070 and 97.999). f. Contractor shall provide a $5,000 bond for performance and payment of items in relation to this contract. This is required after contract award only. This is not a requirement to submit a proposal. Bond shall be provided to the City of Fayetteville within ten (10) business days of contract award. g. Contractor shall receive prior approval from the Parks and Recreation Director for any special event conducted at Lake Sequoyah. h. Contractor shall mow and manicure within the secured confines of the Lake Sequoyah marina area. Grounds shall be maintained according to park standards. Contractor shall provide all equipment City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 12 of 24 necessary for the maintenance of these grounds. To visit the grounds, please contact Byron Humphry at 479-575-8368 between the hours of Sam and 4pm. ALL INTERESTED PARTIES ARE STRONGLY ENCOURAGED TO VISIT THE SITE. L Contractor shall pick up trash and clean the office, patio area and restroom on a daily basis. Contractor shall provide cleaning and restroom supplies. j. Contractor shall attend a citizen service workshop administered by the Parks and Recreation Department and adhere to the public relation policies and procedures. k. Contractor shall conduct the following at the Lake Sequoyah Marina: I. 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. ii. Sell related fishing equipment and supplies. iii. Provide other services which the Parks and Recreation Director determine will enhance the operation of Lake Sequoyah iv. All appliances and amenities related to the sale of equipment and supplies shall be provided by the contractor I. Contractor is not required to live on the premises; however, if desired will be granted a temporary license to place and maintain a mobile home in the designated Lake Sequoyah Marina area. Mobile homes style, condition, and location site shall be approved by the Parks and Recreation Director. Mobile home shall be structurally sound and skirting shall be installed around the perimeter. m. 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 and internet utilities at the marina office and the Contractor will be responsible for the telephone utilities at the mobile home. L Contractor agrees to maintain the mobile home and the grounds adjacent to the residence in good and orderly appearance, including but not limited to 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. ii. Contractor understands and agrees that he/she shall receive Parks and Recreation Department 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 shall be pre -approved by the Parks and Recreation Director. iii. 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. iv. Contractor understands and agrees that the property shall be used for residential purposes only. City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 13 of 24 v. Contractor hereby agrees that upon termination of the Operating Contract for Lake Sequoyah Marina 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. A. Contractor agrees not to violate any law, ordinance, rule or regulation of any government authority having jurisdiction over the premises. n. 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. o. 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. D. Contractor shall not act as a broker or facilitate sales of boats. q. 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. Such automatic renewal and any associated increase shall be subject to budget and contract approval by the City Council. r. Either party may terminate this contract at any time by giving the other party sixty (60) days written notice of termination. 4. PROPOSAL CONTENTS: Proposals should be structured in the following manner. a. Structure: Proposals shall be prepared simply and economically, providing a straight forward, concise description on the Proposer's ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents should be typewritten on standard 8 %" x 11" white papers and bound in one volume. Exceptions would be schematics, exhibits, or other information necessary to facilitate the City of Fayetteville's ability to accurately evaluate the proposal. Proposers shall limit proposal to twenty-five (25) pages or less, excluding one-page team resumes, references, forms required by the City for completion, and tab/divider sheets. b. References: A reference list for similar work performed by the individual or organization within the past five (5) years. c. Experience: Provide a general description of the organization, its history, primary types of work, organizational structure, etc. Proposers shall incorporate experience as it relates to the scope of work and minimum qualifications. d. Fees: State the annual fee to provide the scope of work outlined in this RFP. Pricing shall be provided in an annual format. Contractor will be paid monthly, after services are rendered. City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 14 of 24 e. Individuals or companies may submit for this project. However, individuals submitting for this project shall be aware all IRS guidelines for an independent contractor. Individuals submitting for this project will not be employees of the City of Fayetteville. 5. CONTRACT FORMATION: If the negotiation produces mutual agreement, the draft contract as a part of this package shall be constructed and forwarded to the Fayetteville City Council for final approval. If negotiations with the highest ranking Proposer fail, negotiations shall be initiated with the next highest ranking Proposer until an agreement is reached. The City reserves the right to reject all offers and end the process without executing a contract. INSURANCE: Proposer shall provide and maintain insurance throughout the contract which is commonly accepted in the industry. Insurance is not required with RFP response but will be required after contract award. Insurance provided shall include but not be limited to the following and shall list the City of Fayetteville, Arkansas as an additional insured: General Automotive, Commercial General Liability and Worker's Compensation as required by state law. L Workers' Compensation: Statutory Amount ii. General Liability Coverage: $500,000 minimum iii. General Automobile Coverage 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. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score each proposal. Each proposal submitted is not required to be ranked by the selection committee; however, all proposals will be evaluated. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evaluation of the selection committee. Following the evaluation of the proposals, the Selection Committee may request the top ranking firms make an oral presentation or be interviewed. Any presentations/interview will take place in Fayetteville, Arkansas. Meeting notices and information will be sent by the Purchasing Division. 1) 20% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications of the firm. Indicated specialized experience and technical competence of the firm in connection with the type and complexity of the service required. Subcontractors, if used, shall be listed. 2) 20% Experience, Competence, and Capacity for Performance: Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 15 of 24 3) 30% Proposed Method of Doing Work: A proposed work plan (description of how the project would be conducted as well as other facts concerning approach to scope) indicating methods and schedules for accomplishing scope of work. Include with this the amount of work presently underway. 4) 15% Past Performance: Previous evaluations shall be considered a significant factor. If previous evaluations with the City are not available, the professional firm's past performance records with the City and others will be used, including quality of work, timely performance, diligence, and any other pertinent information. Proposers shall provide a list of similar jobs performed and person whom the City can contact for information. 5) 15% Price: Proposers shall list all fees and expenses to be paid by the City and shall be structured in an annual not to exceed format. 8. ADDITIONAL DOCUMENTSAND INFORMATON: The following documents are included with this solicitation as additional information. N/A City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 16 of 24 City of Fayetteville RFP 16-07, Lake Sequoyah Marina Operator SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain); I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Primary Contact: Mi LncitI M gr► P Title of Primary Contact: OWn&( Phone#1 (cell preferred): qg q " 29- 4S lo-,) Phone#2: E -Mail Address: _M l22C_bf '% A -e () �o - - VK 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 17 of 24 ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED UP 1('-07 Term Contract Dates January 01, 2017 through December 31, 2017 Not to Exceed Annual Fee 1 of 5 2 of 5 4. PRICING: All fees or charges shall be provided in a separate attachment, be fully itemized, and inclusive of any charges or fees the City could be charged. Pricing shall be presented in an amount per year format as indicated below: Contract Term Contract Dates January 01, 2017 through December 31, 2017 Not to Exceed Annual Fee 1 of 5 2 of 5 January 01, 2018 through December 31, 2018 $� gfl� 3 of 5 January 01, 2019 through December 31, 2019 $ - oc' 4 of 5 January 01, 2020 through December 31, 2020 $ 5 of 5 January 01, 2021 through December 31, 2021 $ Total Possible Contract Amount (Sum of years 1-5) 5. DEBARMENT CERTIFICATION: As an interested party on this project, you are required to provide debarment/suspension certification indicating in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 18 of 24 Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME OF COMPANY: rA',KeM{ 6r'4 PHYSICAL ADDRESS: JPJ eD/rr15d MAILING ADDRESS: 7�cpie PRINTED NAME: miaict,8l c6tlae PHONE: FAX: E-MAIL: iYIMC �l e a �i 5 9 C� vl ao o cry ►vu - SIGNATURE: TITLE: OWAPl DATE: O1z'012-01i, City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 19 of 24 City of Fayetteville RFP 16-07, Lake Sequoyah Marina Operator SECTION D: Questions for Proposers Lake Sequoyah Marina Contract Questions. Each Proposer shall submit answers to the following questions with RFP response: 1. Why do you want to manage the Marina at Lake Sequoyah? I --q ke 5 0 Q Jo j q tq h55 bee l q ig(+ of oA� (roe fo( q J dear -s, L woQ,,4 Nee -f- cont inve k0,V;V7j y pr+ ire Nyri+►1I a+�1i 44e �,qke F -r The pllbt;e -F* em j oY A•-Icj F,or +1,9 L>es4 i 1n+P(e5-L D, 7 -) tie Z- 0Zc 2. Describe your background and experiences that would lead us to believe you would be successful at managing the marina. T_ hcioe maog5ed 4 e I4ke 5eA5e doll avj have mclJe mq;ll 1Mp(-v&n,M4Y, 3. Explain your plans and methods for managing the marina. _ t � pie,, 0''1 C"+*1V ') )' -' ' def ✓r rlq +h( Pu b l c qij MO Y05 "15 tl e P -,s4 5 yeGr5 4. Providing the highest level of services to our citizens is very important. How would you respond to customer concerns regarding operations of the lake? O ver 4 lie Pr,54- c4- aip `f Coaojj jjo+ ciin5Wer 41ne ¢fie COM-,( hod +k,m -i-- -Pie e Pq 0-5 '0 c P. 5. You are required to keep financial records and reports. What experiences have you had in keeping accurate records and reports? 1, de✓etcyod q ()(,D5revh on _tie eve+&( I f, r Peru,,`+5 -lin ci nd 14- Joe5 +lie r45-1-. 6. This contract -requires liability insurance coverage and a $5,000 bond. Could you have these in order within ten (10) business days from notice of award? h u ve mciI 4ce� -�� S 7. It is not a requirement that you live in a trailer at Lake Sequoyah; however, what are your intentions in relation to this option? ,,you 1"kt +-o +�"5 of���� 8. What other services, if any, would you be interested in providing to park patrons at Lake Sequoyah? a_ ece5e,411 d,., (jv►e) w'j)I Cor)j)'e) lL- -?I- pr,ovIde, lno(e 5ervice5 41,nn ✓iY Cuff COP1+1k C-1- r'e� v " ref . 9. Are there any questions you have on the list of contracted services and requirements? City of Fayetteville, AR RFP 16-07, Lake Sequoyah Marina Operator Page 20 of 24 PROPOSAL FOR OPERATING LAKE SEQUOYAH BOAT DOCK For the amount of $22,800.00 to be paid in monthly installments, I, Michael McBride agrees to provide the aforementioned list of services to the City of Fayetteville. I understand that the terms of the initial agreement is from January 1, 2017 — December 31, 2017. I understand this agreement may be renewed for four (4) consecutive one (1) year terms. I understand such annual term shall be subject to a favorable recommendation from the Telecommunications Board to the City Council, approve of renewal by the City Council and budget approval by the City Council. I understand the City of Fayetteville or I reserves the right to cancel this contract at any time, with a sixty (60) day written notice. Method or Manner to Satisfy Requirements: 1: I will maintain a safe, clean and inviting place for all ages to enjoy a relaxing and fun day. I will check the grounds and the docks each day. I will have a ready stock of tackle that will include line, hooks, and other related fishing items. I will maintain a stock of snacks and other vending items. 2: I will open and close the gates at proper times. I will check areas to determine if all areas are vacated at the time of closing. 3: I will collect fishing and boating permits as required. These, I will submit to the Parks and Recreation Office on a weekly basis or as requested. 4: I will keep records and prepare reports as required by the Parks and Recreation Director. All records will be submitted at the time of request. All records would be available to the Parks and Recreation Director. 5: I will enforce the rules and regulations stated by the Fayetteville Code of Ordinance Chapter 97, Section 97.070 and 97.999. I will act in the best interest of city property or public safety in response to ordinance violations. 6: I will provide proof of liability insurance with a minimum coverage. 7: I will provide a $1,000.00 bond as required within five (5) business days of contract award. 8: I will ask and receive prior approval from the Parks and Recreation Director for any special events conducted at Lake Sequoyah. 9. I will maintain the yards within the confines of Lake Sequoyah Bait Shop area according to park standards. I will provide and maintain all equipment for this. 10: I will pick up trash and keep a clean office and restroom on a daily basis as required. 11: I will attend all required training and workshops as required. QUALIFICATIONS: 1: Socially oriented. I have worked in the public sector all my adult life directly with people. In worked as a Commissioned Security Supervisor, I interact with all people — children to the very elderly. 2: Good Maintenance Skills. I hold certificates in Small Engine repair and Ground Maintenance. 3: Janitorial: I have worked over 15 years in the hospital setting maintaining a sterile environment in operating rooms and intensive care unit. 4: Yard Service: I own. my commercial lawn equipment such as a Scaggs walk behind mower, Stihl weed -eater, leaf blower, chainsaw, wheelbarrow and hand tools. 5: Instructor: I have received an Arkansas Game and Fish Boating Education Course Certification. I am to become an Instructor in this. I have been a Hunter Education Instructor for the AGFC for over 15 years. 6: Over the years I spent much time helping previous Boat Dock Operators. I have fished Lake Sequoyah since the age of 9. I would show people the best fishing spots for many years. I docked my first boat at Lake Sequoyah at age 12. I am acquainted with and am on good terms with many regular fishermen that frequent Lake Sequoyah. 7. I am the current Lake Sequoyah Marina Operator. Over the past 5 years I have met and exceeded the requirements of the current contract. Over the past 5 years I have not only mowed the required area but have voluntarily mowed all of the city fields across the road and have opened up the Hiking trails that were completely overgrown. This has allowed for full use of the area for the public to enjoy. REFERENCES: 1: Kevin Eubanks, Wildlife Officer Arkansas Game and Fish Commission 479-263-1917 2: Bill Ruby, Wildlife Officer Arkansas Game and Fish Commission 479-200-2465 3. M.D. Atwell, Maintenance Director Fayetteville Housing 479-957-1622 EDUCATION: 1: High School Diploma from Fayetteville 2: NTI: Certificate in Welding 3: Radio Communication 4: National Fire Academy - Incident Safety Officer 5: Certificates for Fire Fighter — Numerous 6: First Responder for 15 years. 7: 100 Hour Part -Time II /Reserve Officer Training -Law Enforcement 8: Petra Allied Health 9: Arkansas Forestry Commission Wildland Fire Suppression Michael McBride September 30 2016 Lake Sequoyah Marina Operator Contract CITY OF FAYETTEVILLE, ARKANSAS This contract executed this — P__ day of X)jPrrv,,ha+w 2016, between the City of Fayetteville, Arkansas, and Michael McBride ("Contractor"). In consideration of the mutual covenants contained herein, the parties agree as follows. WITNESSETH: WHEREAS, City has previously determined that it has a need for LAKE SEQUOYAH MARINA OPERATOR SERVICES; and WHEREAS, City, after soliciting competitive proposals for such services pursuant to City of Fayetteville RFP 16-07 (herein after referred to as Request for Proposal or RFP), City has awarded this contract to Michael McBride; and WHEREAS, Michael McBride has represented that he is able to satisfactorily provide these services according to the terms and conditions of the RFP, which are incorporated herein by reference, and the terms and conditions are contained herein; and NOW THEREFORE, in consideration of the -above and mutual covenants contained herein, the parties agree as follows: 1. 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. 2. For the total amount of $ 22,800 to be paid in monthly installments, Michael McBride (the "Contractor") agrees to provide the list of services and requirements to the City of Fayetteville beginning January 1, 2017 and ending December 31, 2017. Either party may cancel this contract by giving the other party sixty (60) calendar day's written notice of cancellation. The Contractor further certifies possession of the initial capital monies to commence boat dock operations. 3. Contractor shall operate and manage the Lake Sequoyah Marina. Contractor shall be an independent contractor not an employee of the City. The Lake Sequoyah Marina is closed each year on Thanksgiving Day and from December 24, through January 14. The Contractor is responsible for supervising the marina during this time. 4. Contractor shall open and close the lake gates seven days a week at Sunrise and Sunset. This includes the gates leading to the marina and other areas around the lake as directed by the Parks and Recreation City of Fayetteville, AR Lake Sequoyah Marina Operator Contract 2017 Page 1 of 4 Director. 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. 5. Contractor shall collect 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. 6. Contractor shall prepare reports and keep records as required by the Parks and Recreation Director. 7. 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. 8. Contractor shall provide proof of liability insurance as directed and listed in the RFP. Premiums for these policies shall be paid by Contractor. 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. 9. Contractor shall provide a $5,000 bond for performance and payment of items in relation to this contract. 10. Contractor shall receive prior approval from the Parks and Recreation Director for any special event conducted at Lake Sequoyah. 11. Contractorshall mow and manicure within the secured confines of the Lake Sequoyah marina area. Grounds must be maintained according to park standards. Contractor shall provide all equipment necessary for the maintenance of these grounds. 12. Contractor shall pick up trash and clean the office, patio area and restroom on a daily basis. Contractor is to supply cleaning and restroom supplies, Contractor shall keep the boat dock swept and tidy, free of cob webs, wasp nests, and similar pests. - 13. Contractor shall attend a citizen service workshop administered by the Parks and Recreation Department and adhere to the public relation policies and procedures.- 14. rocedures: 14. Contractor shall conduct the following at the Lake Sequoya Marina: 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 Park. City of Fayetteville, AR Lake Sequoyah Marina Operator Contract 2017 Page 2 of 4 d. All appliances and amenities related to the sale of equipment and supplies shall be provided by the contractor. 15. Contractor is not required to live on the premises, but if desired will be granted a temporary license to place and maintain a mobile home in the designated Lake Sequoyah Marina area. Mobile homes style, condition, and location site shall be approved in advance of such 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 forthe telephone and internet utilities at the marina 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 Department 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 mobile home site shall be used for residential purposes only. f. Contractor hereby agrees that upon termination of the Operating Contract for Lake Sequoyah Marina 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. 16. 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. 17. 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. 18. Contractor shall not act as a broker or facilitate sales of boats. City of Fayetteville, AR Lake Sequoyah Marina Operator Contract 2017 Page 3 of 4 19 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. Renewals will be subject to budget approval from the annual budget from City Council. 20. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 21. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS DAY OF119 cv4de'7 CONTRACTOR By: Ma1111 F0 MICHAEL MCBRIDE Date Signed: 11 --O /" dP City of Fayetteville, AR Lake Sequoyah Marina Operator Contract 2017 Page 4 of 4 , 2016. ATTEST: Sondra Smith, City Clerk -Treasurer Date Signed: Z• G •E�: •.,,9 ••�KAN Jam•. vWi N t 166 it Cy