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169731 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 369 ORDINANCE NO. 16,973 AN ORDINANCE VO AMEND LITTLE ROCK, ARK. ORDINANCE NO. 16,894 TO AUTHORIZE THE DISPENSING OF COMPETITIVE BIDDING FOR CERTAIN CONSTRUCTION WORK AT JUNIOR DEPUTY PARR; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the Board of Directors in Ordinance No. 16,894 (May 16, 1995) authorized a contract with the Junior Deputy Baseball Organization ("Junior Deputy°) for $225,000 for capital improvements to Junior Deputy Park; and WHEREAS, Junior Deputy has pending contracts to do certain work "at cost„ from construction companies interested in assisting the Junior Deputy program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Board of Directors hereby finds competitive bidding for certain construction work at Junior Deputy Park to be infeasible and impractical since volunteer contractors have offered to perform the work at cost. Section 8 (f) of Little Rock, Ark. Ordinance No. 16,894 (May 16, 1995) is hereby amended to add the following: The Board of Directors dispenses with the requirement for competitive bidding for work done at cost at Junior Deputy Park. SECTION 2. The City Manager is hereby authorized to execute the attached contract forthwith. SECTION 3. Emaxgency.It is hereby found and determined that the construction work at Junior Deputy Park should proceed forthwith to 'Cake advantage- of the offer of volunteer contractors to construct the improvements at cost. Therefore, an emergency is hereby declared to exist and this Ordinance being necessary for the preservation of the public peace, health and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 0 0 370 safety shall be in full force and effect from and after its passage and approval. PASSED: September 19, 1995 ATTEST: APPROVED: LEI i ` ni.?._ _ u' APPROVED AS TO FORK: [�i�... 0 0 371 CONTRACT THE CITY OF LITTLE ROCK, ARKANSAS (-City'), a municipal corporation organized under the laws of the state of Arkansas, and JUNIOR DEPUTY BABE RUTH BASEBALL BOOSTER CLUB, INC., ("Jr. DeputyO) a 501 (c)(3) non - profit corporation organized under the laws of the state of Arkansas, enter into this Agreement this th day of 1995. W I T N E S S E T H• WHEREAS, the City is committed to support youth sport activities in the City to further promote the welfare of the citizens of Little Rock ; and WHEREAS, the City Board of Directors, in Ordinance No. 16,894 (May 16, 1995), has appropriated $225,000 from surplus funds to pay for capital improvements to the ball park located at 2500 Cantrell Road. NOW, THEREFORE, BE IT AGREED BY THE PARTIES AS FOLLOWS: ARTICLE 1. TERM AND CONSIDERATION. Section 1.01. Term. The term of this Agreement is from May 16, 1995 through December 31, 2000. However, construction required under this agreement shall be completed February 15, -1996.--- Section 1.02. Consideration. For and in consideration of the covenants set forth below, the City agrees to pay Junior Deputy an amount not to exceed Two Hundred Twenty -Five Thousand Dollars ($225,000) over the term of the contract pursuant to the Budget attached as Attachment A hereto. A payment of forty -five thousand dollars ($45,000) for items purchased after May 16, 1995 for improvements listed in Attachment A will be made within seven days of the execution of this contract. 0 0 372 Section 1.03. Little Rock Bank. Funds provided by the City to Jr. Deputy will be deposited in a Little Rock bank. A "Little Rock Bank, is a bank which has a major full- service office within the Little Rock City limits. ARTICLE 2. SERVICES TO BE PROVIDED. Section 2.01. Services of Jr. Deputy. Junior Deputy will operate an expanded facility, including playground facilities, to serve youth ages 4 - 18 years, until December 31, 2000. Said facilities will be made available to the public when not actually scheduled for Jr. Deputy sponsored events. Anyone that pays and otherwise qualifies can play ball. ARTICLE 3. PAYMENT METHOD. Section 3.01. Payment Method. A payment of forty -five thousand dollars ($45,000) for items purchased after May 16, 1995, will be made within seven days of contract execution. Payment will be made on a cost reimbursement basis. Invoices may be submitted monthly during the term of this contract. Send invoices to: John Pryor Director of Finance City of Little Rock Room 208 500 West Markham — Little Rock, Arkansas 72201 ARTICLE 4. FINANCIAL REPORTING REQUIREMENTS. Section 4.01. Financial Reporting Requirements. Jr. Deputy agrees to supply financial reports to the City and to maintain adequate bookkeeping and documentation to substantiate those expenditures made pursuant to this agreement. The type or style of bookkeeping shall be such that revenues and expenditures associated with this agreement are accounted for separately from other monies and in a form acceptable to the City Finance -2- 0 Director. 0 373 ARTICLE S. NON - DISCRIMINATION. Section 5.01. Non - Discrimination. Jr. Deputy agrees to comply with all applicable federal and state laws regarding non - discrimination, and specifically agrees to not discriminate against any participant because of race, religion, disability, sex or national origin in the operation of the Jr. Deputy program or consstruction of facilities. Section 5.02. Use of Funds for Political and Sectarian Activities Prohibited. Jr. Deputy agrees that it shall not use any of the funds provided under this Contract for political or sectarian purposes. ARTICLE 6. INDEPENDENT CONTRACTOR. Section 6.01. Independent Contractor. Jr. Deputy is not acting herein as an agent or employee of the City, but shall, at all times, and in all respects, have the rights and liabilities of an independent contractor. ARTICLE 7. INDEMNITY. Section 7.01. Jr. Deputy agrees that it shall indemnify and save harmless the City, their officers, agents and employees from: (1) any claims or losses for services rendered by any subcontractor, person or firm performing or supplying services, materials or supplies in connection with the performance of the contract; (2) any claims or losses resulting to any person or firm injured or damaged by the erroneous or negligent acts, including disregard of federal and state statutes or regulations, by Jr. Deputy, its officers, employees or subcontractors in the -3- 0 0 374 performance of this contract. ARTICLE S. CONTACT PERSONS, Section 8.01. Contact Person for the City. Charles Nickerson, City Manager City Hall, Room 203 500 West Markham Little Rock, Arkansas 72201 (501) 371 -4510 Section 8.02. Contact Person for Jr. Deputy. Felton Rhodes 6015 Greenwood Rd. Little Rock, AR 72207 (501) 663 -7707 ARTICLE 9. MODIFICATION. Section 9.01. Modification. Any modifications to this contract agreement must be in writing, signed by both parties. ARTICLE 10. DUTY TO REPORT PROBLEMS IN ADMINISTRATION AND REMEDY Section 10.01. Duty to Report Problems in Administration. Jr. Deputy shall report any difficulties in administration which affect a material provision of this contract. Material means pan important or essential term of the agreement.p A material change would be one that requires Jr. Deputy to provide more or less services than called for in the original agreement. Section 10.02. Remedy. Upon notification by Jr. Deputy of a problem in administration, the City and Jr. Deputy will work together to develop a reasonable solution to the problem. If contract modifications are required, they will be made as provided in Article 9 above. k ARTICLE 11. TERMINATION. -4- 0 0 3 7s Section 11.01. Termination. Failure by Jr. Deputy to complete the work as provided in Article 2 is a breach and grounds for termination by the City. Section 11.02. Damages. If prior to completion of construction upon notification by the City to Jr. Deputy of the breach and termination of contract, Jr. Deputy shall return monies held by it but unexpended to the City. No special damages shall be recoverable under this Agreement. Violation of Article 5 prior to construction completion shall require repayment of any funds expended under the Agreement. Violation of Article 5 after construction shall result in forfeiture by Jr. Deputy of the right to use the property. ARTICLE 12. MISCELLANEOUS. Section 12.01. This Agreement is governed by the laws of the state of Arkansas. Section 12.02. Jr. Deputy agrees to comply with the requirements of the Americans with Disabilities Act and the Equal Employment Opportunity Act and to require such compliance in contractual agreements with subcontractors. Jr. Deputy specifically agrees that the facilities constructed will be accessible to the disabled as required by the Americans with Disabilities Act. Section 12.03. This Agreement may be terminated at an earlier date by either party by giving thirty (30) days' written notice to the contact person listed in Article 8. In the event this Agreement is terminated by either party for actions other than those mentioned in Section 11.02, Jr. Deputy shall be reimbursed for actual expenses incurred or accrued up to the date of termination. -5- M = = = M = = r = M M = = = � 0 0 376 Section 12.04. The officials who executed this Agreement hereby represent and warrant that they have full and complete authority to act on behalf of the City and Jr. Deputy, respectively, and that by their signatures below, the terms and provisions hereof constitute valid and enforceable obligations of each. Section 12.05. This Agreement shall be executed in the original, and any number of executed copies. Any copy of this Agreement so executed shall be deemed an original and shall be deemed authentic for any other use. WHEREFORE, the parties have hereunto affixed their hands and seals this day of , 1995. CITY OF LITTLE ROCK, ARKANSAS JUNIOR DEPUTY BABE RUTH BASEBALL BOOSTER CLUB, INC. Charles Nickerson City Manager ATTEST: Robbie Hancock City Clerk APPROVED: Thomas M. Carpenter City Attorney om u % resi en Board of Directors Junior Deputy Booster Club, Inc. P.O. Box 250709 Little Rock, Arkansas 72225 377 The following is a brief description of the capital improvements to be made to the park at 2500 Cantrell Road: build three buildings that will house concessions, umpires dressing room, equipment strorage, announcers /scorers room, restrooms. The building at the west end of the park would have all of the above items. The other two structures located at the east end of the park consist of a stand alone concession stand and the other building will contain all of the other items listed above. Ten dugouts and an entrance sign will also be constructed. The following table consist of cost estimates of labor and materials in the various areas of construction: n� concrete flatwork $ 25,000 fencing (chain link) 30,000 fencing (wood) 16,000 preparation mtls. (top soil, sand) 10,000 electrical (incl. field lighting) 24,000 plumbing 40,000 masonery 45,000 carpentry 20,000 earthwork 15,000 TOTAL $225,000 With our association with the Pulaski County Sheriff's office, we are able to obtain trustees from the county jail to work under supervision at the park. A large amount of the labor involved in many of the task will be done by trustees under the supervision of program personnel. Those tasks, such as building and dugouts, will be accomplished by hiring a quality contractor. Presently, discussions are taking place with several general contractors to construct the buildings and dugouts. The electrical and plumbing will be done by companies whose owners are participants in our baseball program. Gary Houston Electric and Mike Gowen Mechanical are these two bonded contractors.