Action Recommendation: Budget Impact:

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1 Byron Humphry 7/20/2018 PARKS & RECREATION (520) Submitted By City of Fayetteville Staff Review Form Legistar File ID 8/7/2018 City Council Meeting Date Agenda Item Only N/A for Non Agenda Item Submitted Date Action Recommendation: Division / Department 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: Account Number N/A Project Number General Fund N/A Project Title Budgeted Item? Yes Current Budget $ 72, Funds Obligated Current Balance $ $ 65, , Does item have a cost? NA Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 6, Purchase Order Number: Change Order Number: Original Contract Number: Must Attach Completed Budget Adjustment! Previous Ordinance or Resolution # Approval Date: 12/6/2016 V Comments:

2 MEETING OF AUGUST 7, 2018 TO: THRU: FROM: Mayor and City Council Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director 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, 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.

3 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 Lake Sequoyah Marina Operator Michael Carver K:\General\Contract Services\Lake Contracts\Lake Seq Contract\2018 Lake Seq - Michael Carver 2

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12 City of Fayetteville, AR RFP 18-10, Lake Sequoyah Marina Operator Contract Lake Sequoyah Marina Operator Contract CITY OF FAYETIEVILLE, ARKANSAS This contract executed this day of, 2018, between the City of Fayetteville, Arkansas, and In consideration of the mutual covenants contained herein, the parties agree as follows. WITN ESSETH: SERVICES; and WHEREAS, City has previously determined that it has a need for LAKE SEQUOYAH MAR INA OPERATOR WHEREAS, City, after soliciting competitive proposals for such services pursuant to City of Fayetteville RFP (herein after referred to as Request for Proposal or RFP), City has awarded this contract to MIKf C,li.Ll/;)2.; and WHEREAS, f'hjj(g' C,(iLV/ 'e 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 15th of each month. 2. For the total annual amounts as listed in their submittal to RFP 18-10, to be paid in monthly installments, milt. ~Jl}(W/5(2 (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 Amount shall be paid for the remainder of 2018, for a monthly amount of $3, through December 31, 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 S. cancellation. City of Fayetteville, AR RF P 18-10, Lake Sequoyah Marina Operator Page 1 of 4

13 6. Contractor shall open and close the lake gates seven days a week at Sunrise and Su nset. 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 ass istance to citizen lock-ins at secured Lake Sequoyah gates. 7. Contractor shall co ll ect 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 and Contractor is to act in the best interest of city property or public safety in response to ordin ance violations. 10. Contractor shall provide proof of liability insurance as directed and listed in the RFP. Premiums for these policies shall be paid by m1jtg C.RCZVE[l. 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 shal l keep the boat dock sw ept 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 appli cable 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 fi shing equipment and supplies. City of Fayetteville, AR RFP 18-10, Lake Sequoyah M arina Operator Page 2 of 4

14 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 wil l 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 ofthe 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. 18. 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 Fa yetteville, AR RF P 18-10, Lake Sequoyah M arina Operator Page 3 of 4

15 20. 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) yea r terms. Renewals will be subject to budget approval from the annual budget from City Council. 21. Freedom of Information Act: City of Fayettev ille contra ct s 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 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 shal l 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 OF, VENDOR CITY OF FAYETIEVILLE, ARKANSAS LION ELD JORDAN, Mayor ATIEST: ATIEST: Company Secretary Sondra Smith, City Clerk-Treasurer 1f"j i) J""o ye,1; P.a.,LJ>f 2 "~" Business Address /"ll'fe"tnrv ~ Ali!- 7'l.7d':J Date Signed: City, State & Zip Code Date Sign ed:, -,r IY City of Faye ttevi lle, AR RFP 18-10, Lake Sequoyah Marina Operator Page 4 of 4