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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
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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�...
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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.
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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
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Director.
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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
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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.
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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.
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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.