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HomeMy WebLinkAbout164-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 164-18 File Number: 2018-0371 RFP # 18-10 LAKE SEQUOYAH MARINA OPERATOR CONTRACT WITH MICHAEL CARVER: A RESOLUTION TO AWARD RFP # 18-10 AND APPROVE THE LAKE SEQUOYAH MARINA OPERATOR CONTRACT WITH MICHAEL CARVER IN THE AMOUNT OF $39,600.00 PER YEAR FROM AUGUST 8, 2018 THROUGH DECEMBER 31, 2023 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# 18-10 and authorizes Mayor Jordan to sign the Lake Sequoyah marina operator contract with Michael Carver in the amount of $39,600.00 per year for services beginning August 8, 2018 and ending December 31, 2023. PASSED and APPROVED on 8n12018 Attest: Sondra E. Smith, City Clerk ="-'FAYETTEVILLE; 'V ',mss •"AKA NSP • J�`�. Page 1 Printed on 816118 a;-.. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File --'� File Number: 2018-0371 Agenda Date: 8/7/2018 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A. 8 RFP # 18-10 LAKE SEQUOYAH MARINA OPERATOR CONTRACT WITH MICHAEL CARVER: A RESOLUTION TO AWARD RFP # 18-10 AND APPROVE THE LAKE SEQUOYAH MARINA OPERATOR CONTRACT WITH MICHAEL CARVER IN THE AMOUNT OF $39,600.00 PER YEAR FROM AUGUST 8, 2018 THROUGH DECEMBER 31, 2023 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# 18-10 and authorizes Mayor Jordan to sign the Lake Sequoyah marina operator contract with Michael Carver in the amount of $39,600.00 per year for services beginning August 8, 2018 and ending December 31, 2023. Cit of Fayetteville, Y , Arkansas Page 1 Printed on 8/6/2018 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2018-0371 Legistar File ID 8/7/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/20/2018 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Approval of a resolution to award the Lake Sequoyah Marina Operator contract to Michael Carver in the amount of $39,600 per year. Budget Impact: 1010.520.5250-5315.00 General Account Number Fund N/A N/A Project Number Project Title Budgeted Item? Yes Does item have a cost? NA Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 72,120.00 $ 65,435.00 6,685.00 6,685.00 V20180321 Previous Ordinance or Resolution # 214-16 Approval Date: 12/6/2016 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 7, 2018 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Parks Maintenance Superintendent DATE: July 19, 2018 SUBJECT: A resolution awarding the Lake Sequoyah Marina Operator contract to Michael Carver in the amount of $39,600. RECOMMENDATION: Parks and Recreation Staff recommends approval of a resolution awarding the Lake Sequoyah Marina Operator contract to Michael Carver in the amount of $39,600 per year. 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 for 2017 and allowed four (4) automatic renewals for one year each. On June 8, 2018, Michael McBride informed the City the he was terminating his contract, giving a 60 -day notice as required by contract. Michael McBride's last day will be August 7, 2018. On June 15, 2018, 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 Michael Carver. Michael was interviewed on July 17, 2018 by the selection committee and it was unanimously agreed by the committee to accept his proposal. DISCUSSION: Michael is a retired police officer with the City of Costa Mesa, CA. His experience includes 11 years as Corporal, resolving hundreds of high-risk SWAT team incidents, and was the recipient of a Mayor's Award in 2009 for action taken in the line of duty. Since retirement, Michael has been an avid user of Lake Sequoyah and has regularly assisted the current Marina Operator, filling in for him as needed to operate the lake and sell merchandise at the bait shop. With the Michael's police background and experience, he is well prepared to represent the City well at Lake Sequoyah, to offer good customer service. His experience helping the current contractor at the Lake also prepares him well for the position. Mailing Address: 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The 2018 budgeted funds for the Lake Sequoyah Marina Operator is $25,008. Mr. McBride's contract is for $22,800. The contract amount of $39,600 will be requested in the 2019 Operating Budget for the new contract with Michael Carver. For the time -period of Aug 8 — Dec 31, 2018, the new pro -rated contract for Michael Carver will require an additional amount of $5,712, which is available in current Parks operating funds. Attachments: Lake Sequoyah Marina Operator Contract RFP 18-10 Lake Sequoyah Marina Operator — Michael Carver KAGeneral\Contract Services\Lake Contracts\Lake Seq Contract\2018 Lake Seq - Michael Carver 2 CITY OF FAYETTEVILLE 4� ,7ARKANSAS 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 18-10, Lake Sequoyah Marina Operator DEADLINE: Wednesday July 11,2018 before 2:00:00 PM, local time PRE -PROPOSAL CONFERENCE: Tuesday June 26, 2018 at 10:00 AM, Lake Sequoyah Marina RFP DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, lmcgaugh_@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Friday June 15, 2018 REQUEST FOR PROPOSAL RFP 18-10, Lake Sequoyah 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: AIIA Contact Person: Title: N Business Address: PQ. &c>9 f" !,;-9,n 3aye_ - 13,_vp City: State: /q12. Zip: 2276 0 Signature: Date: 7-41—Ir City of Fayetteville, AR RFP 18-10, Lake Sequoyah Marina Operator Page 1 of 25 City of Fayetteville RFP 18-10, 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: ,)C 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: x'11 !edi G/9ii2LAE F_ Title of Primary Contact: N/Ej Phone#1 (cell preferred): i!1Y•3)3 Phone#2: /,VZ/2 E -Mail Address: MW C►/g2VjMVjG���Yjl¢!!_. i' 1 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 18-10, Lake Sequoyah Marina Operator Page 18 of 25 ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 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: 1 of 5 ]—January 01, 2019 through December 31, 2019 2 of S 1 January 01, 2020 through December 31, 2020 3 of 5 1 January 01, 2021 through December 31, 2021 4 of 5 ( January 01, 2022 through December 32, 2022 5 of 5 1 January 01, 2023 through December 31, 20213 5. DEBARMENT CERTIFICATION: $`1�fif�. c�r� s,3 2 As an interested party on this project, you are required to provide debarment/suspension certification indicating in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR RFP 18-10, Lake Sequoyah Marina Operator Page 19 of 25 Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME OF COMPANY: &A PHYSICAL ADDRESS:/9Z9Z AIKII_GS 13WEP S G WZ Ag. 7 76Y MAILING ADDRESS: ;'?0. (3aC '���/ /M ;foy_=1,112IGY4gr?'�YtGzL X� 7a7p j PRINTED NAME: i{ 1e Wq Z- G/9RV25-i— PHONE: 7/�% X13- 40$"E— FAX: /V //4 E-MAIL:M j,-)G1j9V9IZ 3 - 0 SIGNATURE: TITLE: A41- � DATE: City of Fayetteville, AR RFP 18-10, Lake Sequoyah Marina Operator Page 20 of 25 City of Fayetteville RFP 18-10, 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? VVtr bAC-JV F13011w6' 'rN<S jfl Fdjr rm,6;7 Pf5> d uwIt5•S Hp✓E azew 01--er 7HC G(a RQ(3iu7` If1I4Np o /N *t& -r- ri}&— r0A' 7'y6 PAS cj YEjgjU ..-X- !<!t»..t p wvvc..0asCS7-*-- 0PP&'V_ r dV-#47y ro nsavE ):-'V-es✓nt9 !✓sro 'r06r�ldt,�c Er ,i! bF Tjf/f GXX-E. 2. Describe your backgrouf� i�Laii�experlen1T�s that would lead us to believe you would be successful at managing the marina. TLa-ro 2e -[j FlAo*n wlrrf -4<5<ry Gav rz1ft&zy7 ar V&7 enc dv/b Ft51j1CX$M41V .4NO SEG` � f�Dc'�v ba, yn 3. Explain your plans and methods for managing the marina. al;� s7Yi55" 7-o ra -4249e- �•�! S�G2 . afN /�rrvs7/n� G PGy �- �i¢r�t/c�. -r �IZIVrjs �v 3o�,rT fi5ft �9 �iv�oy 7'!�G rj�lJ�cT y vF T#d:!F AA6;f. 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? !�-tt� .�rr�.vr'iv�'n/eSS, c�H/t c.v/�mr�sica�-,ov ss���s .titsb lee& 7 4,746t4-- C/fAl 5. You are required to keep financial records and reports. What experiences have you had in keeping accurate records and reports? M y Lot Fi4lr -T- P -"/V 4A-10 o P�i�s y` •Q s G�Ess� c. Apr �i.0 r3 GS,r 4e/ r /t Sim < 4 JI Z- gra s> X�P/Ke5 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? Y65 . 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? a" Dv Kay" pGW/v r'v G/v&' oN 7W4 4/9A -0� G e Vle:� r Z- v/, /t.A--s IZXO rn 7 OWr 4isMe A140 crf.� ins ,t s/�9r AMO&M--r- c;, f - 7-)47,s. 8. What other services, if any, would you be interested in providing to park patrons at Lake Sequoyah? y t%4L�G-' 1y1�/vy PGi?NS P --(z - 11>017 -0/yaL `VA S�Z-- l9b��KI�GwH 9. Are there any questions you have on the list of contracted services and requirements? ND . City of Fayetteville, AR RFP 18-10, Lake Sequoyah Marina Operator. Page 21 of 25 flicnael W Carver 1590 E. Joyce Blvd #9443, Fayetteville, AR 72703 1714-313-9055 j mwcarver@gmall.com =PROFILE A well-trained, highly specialized safety and security expert with 25+ years of law enforcement experience, including 11 years as Corporal. Expects and attains highest level of commitment and productivity from management and staff at all levels through clear communication, effective planning and exceptional tactical strategies. Executes and delivers the highest quality service in all service activities. CAREER HIGHLIGHTS SWAT TEAM LEAD Successfully led and resolved hundreds of high-risk SWAT team incidents requiring numerous hours of tactical and strategic planning, coordination and responsiveness to changing dynamics in the field. GANG DETAIL: Coordinated unit objectives to proactively reduce gang violence in Costa Mesa with solid success rates through excellent education, understanding and strategy. RECOGNITION/AWARDS Mayor's Award 2009 recipient from the City of Costa Mesa for action taken in -the -line -of -duty. COVERT/UNDERCOVER: Directed Several Lengthy High-profile undercover operations requiring lengthy planning, strategy and multi -departmental collaboration. 'PROFESSIONAL EXPERIENCE CORPORAL Costa Mesa Police Department, Costa Mesa, CA 1998-2010 SR. POLICE OFFICER Costa Mesa Police Department, Costa Mesa, CA 1998 POLICE OFFICER Costa Mesa Police Department, Costa Mesa, CA 1985-1998 POLICE RECRUIT Costa Mesa Police Department, Costa Mesa, CA 1985 CUSTODY OFFICER Costa Mesa Police Department, Costa Mesa, CA 1984-1985 • Chemical Agents Instruction Certification • Riot Control Instructor • P.O.S.T. Certification Training • Less -Lethal Munitions Certification • Criminal Investigations Trainings • Academy Instruction A.O.T.C./Basic • Drug and DUI Recognition Expert • Electronic Controlled Device (Taser) • Extensive Critical Incident Management Training Addendum NO 2 Michael Carver 1. Why do you want to manage the Marina at Lake Sequoyah? Lake Sequoyah is a valuable asset to the citizens of Fayetteville and surrounding cities. The lake is well suited for boating, anglers, hikers, picnickers and birdwatchers. Proper management of this resource will ensure it will be available now and to future generations. I am confident that under my supervision we will accomplish that goal. 2. Describe your background and experiences that would lead us to believe you would be successful at managing the marina. Retired from 25+ years of law enforcement with the City of Costa Mesa, CA. My career experiences will be an asset to the operation of the marina. (Please see attached PROFILE) Additionally, working for a large city agency has given me valuable training in city government and procedures. I am an avid fisherman and experienced boater. I have been fishing and boating Lake Sequoyah almost daily for the past six years. During that time I have assisted the current Marina Operator, Mike McBride with opening and closing the lake, working the shop and providing security on a regular basis. 3. Explain your plans and methods for managing the marina. Keeping the premises and lake access clean and in good working order is imperative to citizens enjoyment of the lake. I will take the needed steps to make Lake Sequoyah an inviting place to bring family and friends to boat, fish and hike and enjoy the beauty of the area. By maintaining and improving the boat launch, shoreline and hiking trails citizens will find Lake Sequoyah a relaxing and fun getaway right here close to town. 4. Providing the highest level of services to our citizens is very important. How would you respond to customer concerns regarding operation of the lake? Customer service is imperative to the success of any business. Suggestions and or concerns from customers should always be taken as constructive. Concerns/ suggestions often lead to improvement of services and should be handled individually with respect and courtesy. Customers often reach out when they are confused or frustrated. Taking the time to understand their concern by staying patient and taking time to figure out what they want may help understand the needs of the people using the lake. With attentiveness, clear communication skills and feedback complaints/concerns can become opportunities. Addendum NO 2 Michael Carver 5. You are required to keep financial records and reports. What experiences have you had in keeping accurate records and reports? My wife and 1 own a small online business which requires keeping detailed financial records and reports. I feel confidant I can keep and provide the necessary records and reports for the management of Lake Sequoyah . 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? Yes. 8. What other services, if any, would you be interested in providing to park patrons at Lake Sequoyah? I plan to add kayak and petal boat rentals for the enjoyment of the public. I will hold kid's fishing derby's, expand tackle selection and add rental fishing gear. I will also provide a larger selection of drinks and snacks for park patrons and schedule regular BBQ's and/or Food truck events. I would like to provide additional cleanup for expanded shoreline fishing and add several picnic tables and barbecues. I would promote the lake and activities on social media. I am willing to maintain the park across from the lake using City of Fayetteville equipment. City of Fayetteville, AR RFP 18-10, Lake Sequoyah Marina Operator Contract Lake Sequoyah Marina Operator Contract CITY OF FAYETTEVILLE, ARKANSAS This contract executed this --qday of 2018, between the City of Fayetteville, Arkansas, and �iUi IVA( In consideration of th 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 18-10 (herein after referred to as Request for Proposal or RFP), City has awarded this contract to MIK6 C,4IZVOL; and WHEREAS, Y)11141�' r,,41&WZ has represented that it 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 15' of each month. 2. For the total annual amounts as listed in their submittal to RFP 18-10, to be paid in monthly installments , M.1l49.'iX(WL-:'IZ (the "Contractor") agrees to provide the list of services and requirements to the City of Fayetteville for the dates and times as designated in RFP 18-10. Amount shall be paid for the remainder of 2018, for a monthly amount of $3,300.00 through December 31, 2018. 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 operator is responsible for supervising the marina during this time. 4. Either party may cancel this contract by giving the other party sixty (60) calendar day's written notice of cancellation. S. City of Fayetteville, AR RFP 18-10, lake Sequoyah Marina Operator Page 1 of 4 6. 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 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. 7. 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. 8. Contractor shall prepare reports and keep records as required by the Parks and Recreation Director, 9. 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. 10. Contractor shall provide proof of liability insurance as directed and listed in the RFP. Premiums for these policies shall be paid by MLL_1�+v��� 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. 11. Contractor shall provide a $5,000 bond for performance and payment of items in relation to this contract. 12. Contractor shall receive prior approval from the Parks and Recreation Director for any special event conducted at Lake Sequoyah. 13. Contractor shall 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. 14. 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. 15. Contractor shall attend a citizen service workshop administered by the Parks and Recreation Department and adhere to the public relation policies and procedures. 16. 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. City of Fayetteville, AR RFP 18-10, Lake Sequoyah Marina operator Page 2 of 4 c. Provide other services which the Parks and Recreation Director determines will enhance the operation of Lake Sequoyah Park. d. All appliances and amenities related to the sale of equipment and supplies shall be provided by the contractor. 17. 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 for the 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 rash 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 property 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. 17. 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. 1.& 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. 19, Contractor shall not act as a broker or facilitate sales of boats. City of Fayetteville, AR RFP 18-10, lake Sequoyah Marina Operator Page 3 of 4 M 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. 21. 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. 22. 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 THISDAY OF 2018. VENDOR TY FAAYE IL E, ARKA SAS LIONELD JOR N, dlayor AV,, 6<1 . ... lln ntractor Name & Title ATTEST: AT?E T: Company Secretary Sondra Smith, City Clerk -Treasurer /9 r TO.. YL f'd• 13�►x `i '1413 - Date Signed: 7, 201S Business Address pogyY� yrs a�,t� �4R 7Z�a►� j TRop EE -q,, ``� ��• • ..... SG iii City, State & Zip Code =C)' YE�EV1t LE • FA •>; • ti— Date Signed: "�.�r -. %�i••• 9R NSQ,•J=: 1/ 11110 City of Fayetteville, AR RFP 18-10, Lake Sequoyah Marina Operator Page 4 of 4 Shelter Mutual Insurance Company �� S 1817 W Broadway o Columbia, MO 65218 N 1 -800 -SHELTER (743-5837) Named Insured: MIKE CARVER PO BOX 9443 FAYETTEVILLE AR 72703-0025 General Liability Insurance Policy Declarations Addl. Interest or Addl. Insured Copy Policy Number: 03-31-10391657-1 Effective Date: 08-07-2019 (12:01 AM CST) Expiration Date: 08-07-2020 (12:01 AM CST) Agent: S SMITH INSURANCE AGENCY INC 03-09146-70 2142 N COLLEGE AVE FAYETTEVILLE AR 72703 479-521-4220 Notice to the Additional Insured: Your interest will be continuous until cancellation notice is mailed to you. Policy and Endorsements are available upon request Business of the Named Insured: BAIT SHOP ..._.........._.............._.. ..... _ ............................. Linn lts.of'1risurance The Named Insured is a(u): Individual Audit Period: Annually General Aggregate (Other Than Products - Completed Operations) $500,000 Products - Completed Operations Aggregate Limit (See Each Classification Below) Excluded Personal And Advertising Injury Limit $300,000 Each Occurrence Limit $300,000 Rented To You Limit $100,000 Any One Premises Medical Expense Limit $5,000 Any One Person Premium Adjusting Endorsements Limits Deductible Number Premium Additional Insured - Owners, Lessees or Contractors - CG 20 10 04 13 $1.00 Scheduled Person or Organization CITY OF FAYETTEVILLE Total for Term (This is Not a Bill): Minimum $100.00 Policy forms and additional endorsements attached to this policy dumber Commercial General Liability Coverage Form CG 00 0104 13 Arkansas Changes CG 0142 07 11 Fungi Or Bacteria Exclusion CG 2167 12 04 Common Policy Conditions IL 00 17 11 98 Page 1 Policy forms and additional endorsements attached to this polio Nuclear Eucrgy Liability Exclusion Endorsement (Broad Form) Arkansas Changes - Cancellation and Nonrenewal IL 02 3109 08 Exclusion - Products - Completed Operations Hazards CG 2104 11 85 Excl Damage To Work By Subcontr On Your Behalf CG 22 94 10 01 Asbestos Exclusion B -559-B Lead Poisoning Exclusion Endorsement B -601-B Exclusion -Access or Disclosure of Information CG 2107 05 14 Exclusion -Unmanned Aircraft CG 21 09 06 15 Employment-related Practices Exclusion CG 2147 12 07 Arkansas Change - Non Binding Arbitration CG 26 44 12 04 Arkansas Changes - Transfer Rights Of Recovery IL 0199 09 08 Mutual Policy Notification S -18-S Addl Insured CIT1' OF FAYF_TTEVILI.E (For Office Use Only) Transaction: RNEW B H. O. CODE: 100.00 Policy ID: 73006471237 Date Issued: 07-03-2019 Policy Term: One Year '08162018' G -2.10-G -. ! -: n 1 i h t Declaratns l".nd of w Page 2 SHELTER MUTUAL INSURANCE ® COMPANY UW 017226 P&CD070319 raCITY OF FAYETTEVILLE . 113 W MOUNTAIN ST RM 306 FAYETTEVILLE AR 72701-6069. Policy Number: Kind of Policy: W. 03-31-10391657-1 General Liability This page intentionally left blank.