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Agenda 12/17/15 40, SPECIAL NOTE: PLEASE TURN OFF ALL CELL PHONES AGENDA WEST MEMPHIS CITY COUNCIL DECEMBER 17,2015 PRAYER: CALL TO ORDER: ROLL CALL: BID OPENING: PUBLIC WORKS DEPARTMENT-2016 ANNUAL SUPPLY BIDS- PHILLIP SORRELL MINUTES: APPROVE OR CORRECT MINUTES OF NOVEMBER 19,2015 APPROVE OR CORRECT MINUTES OF DECEMBER 3, 2015 OLD BUSINESS: 3RD READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 1950 PORT ROAD, ALLOWING A 125' SELF SUPPORT COMMUNICATION TOWER IN AN I-2, INDUSTRIAL DISTRICT FOR ENTERGY 2ND READING OF AN ORDINANCE TO WAIVE COMPETITIVE BIDDING ON PROFESSIONAL ACCOUNTING SERVICES, AND FOR OTHER PURPOSES 2ND READING AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR CONSULTING SERVICES FOR THE CITY OF WEST MEMPHIS ECONOMIC DEVELOPMENT TO BE PROVIDED BY GASKILL STRATEGIES, LLC. AND FOR OTHER PURPOSES 2ND READING OF AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PROFESSIONAL CONSULTING SERVICES IN REGULATORY AND OTHER MATTERS TO BE PROVIDED BY DAVID WILSON,AND FOR OTHER PURPOSES 2ND READING OF AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PROFESSIONAL CONSULTING SERVICES IN REGULATORY AND OTHER MATTERS TO BE PROVIDED BY A. J. ROWE AND ASSOCIATES,INC.,AND FOR OTHER PURPOSES 2ND READING AN ORDINANCE WAIVING COMPETITIVE BIDDING ON DENTAL INSURANCE AND FOR OTHER PURPOSES 2ND READING OF AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR CONSULTING SERVICES AND ADVERTISING AND PROMOTION FOR THE CITY OF WEST MEMPHIS AND THE WEST MEMPHIS ECONOMIC DEVELOPMENT TO BE PROVIDED BY RED DELUXE,LLC,AND FOR OTHER PURPOSES 2ND READING OF AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR ECONOMIC DEVELOPMENT SERVICES, APPROVING A CONTRACT BETWEEN THE CITY OF WEST MEMPHIS AND THE WEST MEMPHIS CHAMBER OF COMMERCE,AND FOR OTHER PURPOSES 2ND READING AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR AERIAL SPRAYING,GROUND SPRAYING AND OTHER MOSQUITO CONTROL EFFORTS,AND FOR OTHER PURPOSES PAGE 2 AGENDA WEST MEMPHIS CITY COUNCIL DECEMBER 17,2015 NEW BUSINESS: R-1 A RESOLUTION APPROVING AN AMENDMENT TO THE 2015 BUDGET FOR THE CITY OF WEST MEMPHIS,ARKANSAS AND FOR OTHER PURPOSES 0-1 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF AN ADMINISTRATIVE POLICE VEHICLE, AND FOR OTHER PURPOSES 0-2 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 401 GLEN BAILEY DRIVE, ALLOWING A 125' SELF SUPPORT COMMUNICATION TOWER IN AN I-1, INDUSTRIAL DISTRICT FOR ENTERGY 0-3 AN ORDINANCE TO AMEND SECTION 2.51.030 OF THE WEST MEMPHIS MUNICIPAL CODE ESTABLISHING THE SALARY FOR THE POSITION OF CITY ATTORNEY,AND FOR OTHER PURPOSES 0-4 AN ORDINANCE TO AMEND THE PERSONNEL MANUAL OF THE CITY OF WEST MEMPHIS,ARKANSAS, TO ESTABLISH BI-WEEKLY PAY PERIODS AND FOR OTHER PURPOSES PERMISSION REQUEST: DEMOLITION-MAYFAIR APARTMENTS (PAUL LUKER) PERMISSION TO SIGN POLICE SERVICE CONTRACT COMMITTEE REPORTS: APPOINTMENTS: ANNOUNCEMENTS: CITIZENS REQUEST: ADJOURNMENT: RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE 2015 BUDGET FOR THE CITY OF WEST MEMPHIS, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, A.C.A. § 14-58-203 allows the municipal governing body to alter or revise from time to time amount to an appropriation of funds which are lawfully applicable to the items therein contained. WHEREAS, the Budget Committee of the City of West Memphis, Arkansas, has met and has recommended that the 2015 Budget for the City of West Memphis, Arkansas, be amended for the purpose of the addition of a 3% bonus to every full time employee that was been with the City at least one year ending November 151, 2015. WHEREAS, the cost of this addition, $ 419,676.00 also includes that the minimum distribution to any employee would be $1,000.00. WHEREAS, the City Council of the City of West Memphis, Arkansas, finds that the recommended Budget amendment for the purpose of funding the 3% bonus is appropriate and should be approved; NOW, THEREFORE, RE IT RESOLVE® BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT the 2015 Budget for the City of West Memphis, Arkansas, is hereby amended in the amount of $ 419,676.00.00, as set out in Exhibit A, and this resolution shall be in full force and effect from and after the date of its passage and approval. PASS AND APPROVE® this day of , 2015 ATTEST: WILLIAM H. JOHNSON, MAYOR SPONSORED BY: Exhibit A attached ®c�scripti®ii 20115 3% [Bonus or Bonus Account No. $11,000 City Councli Fee Basis Salaries 111-402-00 0 Social Security - City 111-405-00 0 Mayor's Office Regular Salaries & Overtime 40,152 112-401-00 1,205 Social Security - City 112-405-00 92 1,297 City Clerk's Office Regular Salaries & Overtime 36,528 113-401-00 1,096 30,240 113-401-00 1,000 Social Security - City 113-405-00 160 2,256 City Attorney's Office Regular Salaries & Overtime 135,152 114-401-00 4,055 Social Security - City 114-405-00 310 4,365 Planning & Develop. Regular Salaries & Overtime 178,632 116-401-00 5,359 52,176 116-401-00 2,000 Social Security - City 116-405-00 563 7,922 Economic Develops. Regular Salaries & Overtime 65,184 117-401-00 2,100 33,096 117-401-00 0 Social Security - City 117-405-00 161 2,261 Finance Administration Regular Salaries & Overtime 108,840 121-401-00 3,318 31,680 121-401-00 1,000 Social Security - City 121-405-00 330 4,648 Human Resources Regular Salaries & Overtime 62,400 121-401-00 1,872 26,112 121-401-60 1,000 Social Security - City 121-405-00 220 3,092 Data Processing Regular Salaries & Overtime 70,656 123-401-00 3,163 66,192 123-404-00 2,000 Social Security - City 123-405-00 395 5,558 Police Department Regular Salaries & Overtime 2,641,680 141-401-00 79,537 141-401-00 19,000 Social Security - City 141-405-00 7,538 106,075 Fire Department Regular Salaries & Overtime 2,336,568 142-401-00 60,702 142-401-00 9,000 Social Security - City 142-405-00 1,011 70,713 Municipal Court Regular Salaries & Overtime 46,416 143-401-00 1,392 Retirement - City 206,232 143-401-00 10,000 Social Security - City 143-405-00 871 12,263 Animal Control Regular Salaries & Overtime 42,500 144-401-00 1,275 Retirement - City 52,928 144-401-00 3,000 Social Security - City 144-405-00 327 4,602 Parks & Recreation Regular Salaries & Overtime 55,128. 151-401-00 1,654 110,448 151-401-00 4,OOD Social Security - City 151-406-00 433 6,087 IM General Fund Total $231,138 $231,138 Street Fund Regular Salaries & Overtime 55,032 211-401-00 2,435 456,960 211-401-00 17,000 Social Security - City 211-405-00 1,487 20,922 City Shop. Regular Salaries & Overtime 172,338 212-401-00 7,258 Retirement - City 63,366 212-401-00 1,000 Social Security - City 212-405-00 632 8,890 City Engineer Regular Salaries & Overtime 109,560 212-401-00 3,287 Social Security - City 212-405-00 251 3,538 Street Fund `dotal $33,350 $33,350 Sanitation Fund Regular Salaries & Overtime 34,776 311-401-00 1,043 505,883 311-401-00 22,000 Social Security - City 311-405-00 1,763 24,806 ®urnster Operations Regular Salaries & Overtime 312-401-00 60,480 312-401-00 3,000 Social Security - City 312-405-00 230 3,230 Debris Operations Regular Salaries & Overtime 46,416 313-401-00 1,392 89,280 313-401-00 3,000 Social Security - City 313-405-00 336 4,729 Sanitation Fund Total $32,784 $32,764 Utility Fund Regular Salaries & Overtime 89,928 411-401-00 2,698 23,544 411-401-00 2,000 Social Security - City 411-405-00 359 5,057 Regular Salaries & Overtime 678,288 412-401-00 19,729 57,792 412-401-00 3,000 Social Security - City 412-406-00 1,739 24,468 Regular Salaries & Overtime 167,496 413-401-00 3,638 115,392 413-401-00 5,000 Social Security - City 413-405-00 661 9,299 Regular Salaries & Overtime 228,264 414-401-00 6,040 130,128 414-404-00 6,000 Social Security - City 414-405-00 921 12,961 Regular Salaries & Overtime 130,840 415-401-00 3,925 102,120 415-401-00 4,000 Social Security - City 415-405-00 606 8,531 Regular Salaries & Overtime 196,392 416-401-00 4,892 240,120 416-401-00 8,000 Social Security - City 416-405-00 986 13,878 I© Regular Salaries & Overtime 167,568 417-401-00 6,971 Social Security - City 417-405-00 533 7,504 Regular Salaries & Overtime 122,688 420-401-00 2,536 120,960 420-401-00 2,000 Social Security - City 420-405-00 347 4,883 Regular Salaries & Overtime 188,232 421-401-00 5,647 421-404-00 0 Social Security - City 421-405-00 432 6,079 Regular Salaries & Overtime 50,880 422-401-00 1,526 60,480 422-401-00 2,000 Social Security - City 422-405-00 270 3,796 Utility Fund 'Total $96,457 $96,457 Library Fund Regular Salaries & Overtime 83,880 511-401-00 2,517 511-401-00 3,000 Social Security - City 511-405-00 422 5,939 Library Fund Total $5,939 $5,939 Advertising & promotion Fund Regular Salaries & Overtime 139,576 711-401-00 5,283 Retirement - City 83,400 711-401-00 2,000 Social Security - City 711-405-00 557 7,840 A & F Fund Total $7,849 $7,840 Airport Fund Regular Salaries & Overtime 123,947 1511- 401-00 3,719 54,023 1511- 401-00 4,000 Social Security - City 1511- 405-00 591 8,310 Airport Fund Total $8,310 $8,319 Community Development Regular Salaries & Overtime 80,304 1711- 401-00 2,410 Social Security - City 1711- 405-00 145 2,555 Community development Fund Total $2,555 $2,655 Dedicated Tax Fund Total Regular Salaries & Overtime 41,000 2211- 401-00 1,230 Social Security - City 2211- 405-00 94 1,324 Dedicated Tax Fund Total $1,324 $1,324 Wages Fund Totals $419,676 $419,676 ORDINANCE NO. ®'N AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF AN ADMINISTRATIVE POLICE VEHICLE, AND FOR ®THEM PURPOSES. WHEREAS, Arkansas Code Annotated Section 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS, the Police Department is in need of purchasing an administrative police vehicle; and WHEREAS, the Arkansas State contract bid was awarded to Bale Chevrolet and the 2016 vehicle would not be available for purchase until late April, 2016, due to limited numbers; and WHEREAS, Cap Fleet Up -fitters is able to provide a 2016 Police Package Vehicle at the same price as the State contract and outfit the vehicle with all the necessary police equipment within a few weeks at a competitive price to other businesses inside the state; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That competitive bidding be waived for the following item to be used by the City, described as follows: Purchase of a 2016 Police Package Vehicle from Cap Fleet Up -fitters, for $39,481.25. PASSED AND APPROVED this day of , 20 William H. Johnson, Mayor ATTEST: Phillip Para, City Clerk SPONSORED BY: R E C, E kV City y (331erkls oft,'jf,%&. Deubs-V By.__ I CAP FLEET 236.50 Interstate 30, Suite 2 Brylnt, AR 72002 Name / Address West:Memphis Police Dept. Date 11/16/2015 Quote 11 CAPQ8599 Job: Project: Employee IN... Cody Graig Part iY i Jrlt re Total IX45UFX 1 INNER EDGE XLP 10 -LT TAHOE - Front Visor Light 654.00 654.00 IONB 2 ION LIGHT BLUE Side Windows. 98,75 197.50 0808000 1 DOMINATOR 8 SUPER -LED 8 BLUE - Rear Window 410.00 410.00 013K75 1 UPPER WINDOW BRKTDOMINATOR 17.50 17;50. IONB 2 ION LIGHT BLUE -Grill Mounted 98.751 197.50 425-6268 1 7ANOE 15+ WITH LOCKING LID (20" FP/?.8"FLP} 475.00 4.75.00. l 425-2968 1 GIG LIGHTER PLATE 33.5A 38:SU 425-3704 1 DUAL ABS CUP HOLDER 33.50 33.50 425°643.1 1 l ADJ ARM REST _ 78:110. 78,00. 195SLSA6 1 2955LSAG5IREN/CONTROLCENTER :. 375.00 ' 315,00 SA315P 1 SPEAKER WHELEN 179.85 179.85 SAK55 1 ISA315 MT..KITSU0UR9AN/TAHOE PASS 25.00 A..00 1338265 1 3/4' MOUNT, 25' RG58/U MINI -UHF LOOSE 24.95. 24.95 i I Mise 1. i $OOMHZ..Artena 24.95 24:95. f INSTALL _. LABOR 1 INSTALLATION 750.00 750.00 SSUPPLY 1 SHOSUPPLIES. . .... 4$:00: 45:00 CT-CAPH 0 COMPLETE. CUSTOM HARNESS FOR CHEVY TAHOE 0.00 0.00 SHIP 1 SHIPPING:&:HANDLING2z50o ., 2�5.:p0 .. DEALER 1 DEALER PREP 200.00 200.00 INSPECT 0 1 ALL' CAP. FLEET INSTALLATIONS COME WITH AGENCY LIFETIME 0.0 0;00: 'WA RRAN Y 1,220.00 j Misc. 2016TAHOE BLACK PPV 35,535;b0 35,53Sa)Q r i r This quote Is good for 30 days from date of quote. Total ORDINANCE NO. /(3� AN ORDINANCE GRANTING A SPECIAL. USE PERMIT FOR THE PROPERTY LOCATED AT 401 GLEN BAILEY DRIVE, ALLOWING A 125' SELF SUPPORT COMMUNICATION TOWER IN AN I-1, INDUSTRIAL DISTRICT FOR ENTERGY. WBEREAS, application, has been made to the City Planning Commission, on October 28, 2015 for a Special Use Permit to, allow a 125' Self Support Communication Tower in an I-1, Industrial District, as required by Ordinance No. 1988, as amended. WHEREAS, after notice had been published for the time and in the manner as provided by Ordinance No. 1988, as amended, the matter was heard by the City Planning Commission on Wednesday, October 28, 2015 and the Planning Commission recommended a Special Use Permit be granted to allow a 125' Self Support Communication Tower in an 1-1, Industrial District. .NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS ARKANSAS: SECTION 1e The following described property, to wit: Address: 401 Glen Bailey Drive West Memphis, Arkansas and the same hereby is granted a Special Use Permit allowing a 125' Self Support Communication Tower in an I-1, Industrial District. SECTION 11: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED THIS DAY OF , 2015. ATTEST: City Clerk, Phillip Para Mayor, William H. Johnson RECEIVED City Clerk's Offlie Date ime__f 1 -aa it ORDINANCE NO. AN ORDINANCE TO AMEND SECTION 2.51.030 OF THE WEST MEMPHIS MUNICIPAL CODE ESTABLISHING THE SALARY FOR THE POSITION OF CITY ATTORNEY, AND FOR OTHER PURPOSES. WHEREAS, A.C.A. § 14-43 -4 1 0(b)(1)(A) provides that "[b]y proper ordinance, any city or town may specify pay for the city attorney as the council may desire;" and WHEREAS, the City Council desires to amend, the salary for the position of West Memphis City Attorney; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. Section 2.51.030 of the West Memphis Municipal Code is here by amended to read as follows: The annual salary for the city attorney is established at ninety-seven thousand eight hundred and fifty ($97,850.00) dollars. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. PASSED AND APPROVED this day of ' ATTEST: PHILLIP PARA, CITY CLERK SPONSORED BY: /' WILLIAM H. JOHNSON, MAYOR City Clerk's Offim 20 ORDINANCE NO. 0A AN ORDINANCE TO AMEND THE PERSONNEL MANUAL OF THE CITY OF WEST MEMPHIS, ARKANSAS, TO ESTABLISH BI -WEEKLY PAY PERIODS AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of West Memphis desires to amend the Personnel Manual of the City of West Memphis, Arkansas, for the purpose of changing from semi-monthly pay periods to bi-weekly pay periods and to make other necessary changes to update the personnel manual; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. Section 2.3 of the Personnel Manual of the City of West Memphis is amended to read as follows: 2.3 Definition of "Employee" EMPLOYEE - An individual who is compensated by and provides a service to the City regardless of the number of hours of work performed during a given time period or the length of the term of employment. The term "employee" shall not include any elected official, any voluntary, appointed member of any board, commission or authority, or any person performing services for the City on the basis of a service contract, retainer, or prescribed fee. EXEMPT EMPLOYEE - An employee who is not eligible for overtime as defined by the Fair Labor Standards Act. FULL-TIME EMPLOYEE - An employee who is regularly scheduled to work an average of at least thirty (30) hours per week in a rolling calendar year. NON-EXEMPT EMPLOYEE - An employee who is eligible for overtime compensation as defined by the Fair labor Standards Act. OVERTIME - Hours worked in excess of forty (40) hours during a regular work week (7 day work period), except for firefighters. Firefighters will be paid overtime in excess of 106 hours in a 14 day work period. PART-TIME EMPLOYEE - An employee who is regularly scheduled to work in a position whose daily, weekly, or monthly hours are less than the hours established for full- time employees. SUPERVISOR - A person who has been designated to oversee other employees in a department. TEMPORARY EMPLOYEE - An employee hired for an intermittent or specified period of time, for a season, fora job of limited duration or for a non-recurring work period. WORK WEED - Seven (7) day period beginning at 7:00 a.m. on Saturday. SECTION 2. Section 2.6 of the Personnel Manual of the City of West Memphis is amended to read as follows: 2.6 Working Schedule Supervisors will advise employees of the times their schedules will normally begin and end. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. Employees shall be in attendance at their work stations in accordance with the rules and guidelines established by the Department Heads or Supervisors. The City reserves the right to adjust and change hours of work, days of work and schedules to fulfill its responsibility to the citizens of the City of West Memphis. In an emergency, previously scheduled hours of work, days of work and work arrangements may be altered at the discretion of the Department Head. Changes in work schedules will be announced as far in advance as practicable. Whenever possible, full-time employee work schedules shall provide a rest period (break) during each four-hour work shift. Reasonable time off for a meal will be provided. UNAUTHORIZED WORK TIME Because of FLSA regulations, non-exempt employees are not to commence work prior to the scheduled starting time, work during their meal break, or work past the scheduled end of their shift without prior approval of their immediate supervisor. FLSA non-exempt employees who work unauthorized overtime hours will be subject to disciplinary action. SECTION 3. Section 2.9 of the Personnel Manual of the City of West Memphis is amended to read as follows: 2.9 COMPENSATION 2.9.1 REPORTING AND VERIFYING FOURS WORDED Compensation for employment with the City of West Memphis may be subject to the Fair Labor Standards Act. It is each employee's responsibility to monitor and record an accurate status of the hours he/she works per payroll period to ensure that he/she is properly paid for time worked. All employees shall report their hours worked on the forms provided by their manager. It is the responsibility of each employee to properly complete a timesheet recording the time that he/she worked during every payroll period and to sign each time sheet. By signing the timesheet, each employee is verifying its accuracy. Signed and completed timesheets must be turned in on a bi-weekly basis to their supervisors for signatures. The supervisors shall forward the same to Human Resources in a timely manner to ensure that proper records are kept as to vacations, sick leave, hours worked and overtime accrued and taken. 2.9.2 PAYROLL RECORDS Human Resources shall keep and maintain a record of work attendance, vacation and sick leave earned, used and accrued; and any other leave, whether with or without pay. These records shall be available to the department head, and individual employees shall be able to inspect their own records during normal business hours. 2.9.3 PAYROLL PROCEDURES AND PAYDAY Employees are paid bi-weekly on every other Friday. Pay stubs will be available to Department managers by 11:00 a.m. on payday. When a holiday falls on a regular payday, employees will be paid on the last working day prior to the holiday. 2.9.4 WHAT TO DO IF AN IMPROPER DEDUCTION OCCURS If you believe that an improper deduction has been made to your salary, you should immediately report this information to Human Resources. Reports of improper deductions will be promptly investigated, If it is determined that an improper deduction has occurred, you will be promptly reimbursed for any improper deduction made. 2.9.5 OVERTIME The City will pay overtime in accordance with the Fair Labor Standards Act and one and one-half times the hourly rate for all hours worked in excess of forty (40) hours'per week. Overtime will be permitted only with prior approval of the supervisor prior to the commencement of such work or when absolutely necessary due to emergency conditions. Failure to obtain prior approval before working overtime will result in disciplinary action, including but not limited to possible termination of employment. When operating requirements or other needs cannot be met during regular working hours, employees will be given the opportunity to volunteer for overtime work assignments. If no employees volunteer for the overtime then the supervisor or department manager will designate someone. All overtime work must receive the supervisor's prior authorization. Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work. Overtime compensation is paid to all non-exempt employees at the rate of one and one-half times the hourly rate for all hours worked over forty (40) hours in a workweek. Holiday Time is considered hours worked for overtime calculation purposes. Vacation and Sick Time is not considered hours worked for overtime calculation purposes. Failure to work scheduled overtime or overtime worked without prior authorization from the supervisor may result in disciplinary action, up to and including possible termination of employment. EMERGENCY CALL -OUT AND STAND-BY POLICY Employees who are subject to emergency call -out and stand-by must refer to their department guidelines regarding pay. 2.9.6 COMPENSATORY TIME Compensatory Leave Time (comp time) for overtime hours work is not allowed unless approved by either the General manager of Utilities for Utility employees or the Mayor for all other city employees. Human Resources must be notified and balances maintained with the Payroll Department. Comp time is accrued at a rate of time and a half for all hours worked in excess of forty (40) hours per workweek. No employee may accumulate more than forty (40) hours of compensatory time at any given time during the calendar year. Hours in excess of forty (40) hours shall be paid at the appropriate overtime rate. Upon termination of employment any unused compensatory time is to be paid at a rate equal to the employee's then -prevailing rate of pay. Each employee shall be responsible for maintaining accurate records of overtime and compensatory time. However, the overtime and compensatory time records of the Supervisor shall be final with respect to the amount of compensatory leave time earned of an employee. Compensatory leave must be taken during the calendar year earned and should be scheduled in the same manner required for vacation days. 2.9.7 NON-EXEMPT AND EXEMPT EMPLOYEES Non-exempt employees are subject to the Fair Labor Standards Act (FLSA) overtime requirements the therefore are subject to the overtime policies set forth in this Handbook. Exempt employees are not subject to the Fair Labor Standards Act overtime requirements. Certain employees are classified as exempt based upon the nature of the work, conditions of employment and by the criteria set forth in the rules and regulations of the Fair Labor Standards Act. Exempt employees shall not be eligible for overtime or comp time for hours worked in excess of the regular workweek. SECTION 4. Section 3.5 of the Personnel Manual of the City of West Memphis is amended to read as follows: 3.5 TARDINESS It is your responsibility to be on time for work. if you are going to be late arriving on the job, you must notify your supervisor or department head immediately. If you know in advance that you are going to be late, you should let your supervisor know so that he may make arrangements to schedule around your absence. Chronically reporting late may result in suspension, reduction of pay, or loss of your job. Chronically reporting late means being late three (3) times in one (1) month. Refer to your Department Guidelines for further clarifications. SECTI®N 5. Section 4.2 of the Personnel Manual of the City of West Memphis is amended to read as follows: 4.2 SICK LEAVE Full-time employees who have completed one year of continuous service with the City are eligible to receive sick leave. A) Sick leave will be accumulated at a rate of twenty (20) working days per year for any employee hired before 1/6/2008. B) Any employee hired on or after 1/6/2008 shall be entitled to sick leave at the rate of twelve (12) working days per year. Sick leave will be posted to the employee's account on his or her anniversary date. Any full-time employee who does not use a sick leave working day for a period of four (4) months will receive a bonus equal to eight (8) hours of pay. Firefighters shall be subject to the general provisions of the City of West Memphis regarding sick leave except as specifically provided in this section. Firefighters scheduled to be on duty for twelve (12) hours or more in a twenty-four (24) hour period shall accumulate sick leave at a rate of ten (10) working days per year which shall be posted to the firefighter's account on the firefighter's anniversary date. For firefighters scheduled to be on duty for twelve (12) hours or more in a twenty-four (24) hour period a "working day" shall mean that period of time a firefighter is on duty within a twenty-four (24) hour period. Firefighters scheduled to be on duty for twelve (12) hours or more in a twenty-four (24) hour period may accumulate sick leave to a maximum of sixty (60) working days (1,440 hours). Payment for unused sick leave in the case of a firefighter scheduled to be on duty for twelve (12) hours or more in a twenty-four (24) hour period, upon retirement or death, shall not exceed 720 hours at the firefighter's regular rate of pay at the time of separation. No firefighter shall have any previously earned sick leave reduced in value because of this change. The department head will have jurisdiction as to individual requests for sick leave. The department head's decision will determine whether compensation will be allowed for time missed. At the discretion fo the department head, a doctor's certificate may be required before an employee can return to work. A doctor's certificate is required after three continuous missed workdays. Sick leave may be granted to the employee for the following reasons: Illness preventing normal work. Medical treatment or convalescence recommended by an attending physician. Medical, dental or optical examinations. Exposure to contagious disease. Sick leave may be granted to employees due to illness of a member of the immediate family. "Immediate family" shall mean the father, mother, sister, brother, wife, husband, child, grandmother, grandfather, grandchild, in-laws or any other individual acting as parent or guardian of an employee. Sick leave will be charged against the employee for only those hours he is scheduled to work. The minimum length of time chargeable to sick leave will be one (1) hour. Sick leave will accumulate to a maximum of sixty (60) days. Whenever an employee is separated from City service for reasons or retirement or permanent disability, unused sick leave will be paid the employee at his regular rate of pay at the time of separation. Accumulated sick leave of a deceased employee will be paid to the employee's estate or to an individual authorized to receive such payments. Payment will be computed at the employee's regular rate of pay on his last day worked. Sick leave may not be used as vacation. Any person returning to employment with the City of West Memphis after a previous period of employment with the City of West Memphis shall not be credited with any sick leave accrued during any previous period of employment. SECTION 6. Section 4.3 of the Personnel Manual of the City of West Memphis is amended to read as follows: 4.3 HOLIDAY'S Employees of the City will observe the following holidays: New Year's Day ............................. January 1 Martin Luther King's Birthday ...... third Monday in January Good Friday ........................ Friday before Easter Memorial Day ....................... last Monday in May Independence Day .............................. July 0 Labor Day .................... first Monday in September Veterans Day ............................ November 11 to Thanksgiving Day ............ fourth Thursday in November Day after Thanksgiving .......... fourth Friday in November Christmas Eve ........................... December 24th Christmas Day ........................... December 25" If a holiday falls on Saturday, it will be observed on Friday; if it falls on Sunday, it will be observed on Monday. Consistent with policy for all types of leave, you will not accrue vacation or other benefits while you are on unpaid leave. Additionally, you will not be paid for holidays that occur during the leave. However, the leave period will be treated as continuous service (i.e., no break -in-service) for purposes of vesting and eligibility to participate in the City's retirement plan. SECTION 7. Section 4.4 of the Personnel Manual of the City of West Memphis is amended to read as follows: 4.4 HOSPITALIZATION PLAN The employee must complete an enrollment form during his initial interview with Human Resources. Details of the plan will be covered at that time. Coverage will begin on the first day of the month following employment. Employee only coverage is available. Dependent coverage may be requested at the time the enrollment form is completed. Changes can only be made during each year's benefits open enrollment period, unless employees have a qualifying reason as allowed by law. Contact Human Resources for these types of request. Coverage may be kept in force during a leave of absence without pay, providing the employee pays, in advance, both the employee and, if applicable, dependent premiums. Life insurance is included in the basic coverage of the plan. You should make sure your enrollment card has the correct beneficiary at all times. Health and Dental Coverage may be continued after the end of the employee's term of service to the minimum time period required by law. Whenever an employee is separated from City service for reasons or retirement (20 years of service) or permanent disability, the employee may retain coverage under the plan indefinitely, provided the employee pays, in advance, both the employee and, if applicable, dependent premiums. SECTION S. Section 4.7 of the Personnel Manual of the City of West Memphis is amended to read as follows: 4.7 PENSION PLAN The City has established a pension plan for non -uniformed, full-time employees. All non - uniformed, full-time employees of the City who have completed one (1) year of continuous service are eligible to participate in the plan. Participation will commence on the first (P) day of the month following the completion of one (1) year's continuous service. The employee is not required to contribute to the plan in order to participate. An Elected Official may make voluntary contributions. The City will not contribute on behalf of an elected official. The City will contribute six percent (6%) of the employee's regular pay to the plan. The participants may elect to contribute a voluntary amount of not less than two percent (2%) of his/her regular pay to the plan. Voluntary contributions may be discontinued at any time. Participants will receive a quarterly statement showing amounts added to or withdrawn from their account. Participants will receive an annual statement showing amounts added to or withdrawn from their account as well as the interest earned and the current value of their account. Contributions can be invested in various funds including fixed and variable options. Interest at a rate to be announced each year will be credited to each participant's account. Employees will complete an enrollment form before participating in the plan. When the participant's employment with the City ceases, benefits of the plan will be determined as follows: (1) Retirement on or after normal retirement date: Full value of the account. (2) Death: Full value of the account will be paid to the beneficiary named on the enrollment card. (3) Total or permanent disability: Full value of the account. (4) Any other reason: Full value of the participant's contribution, if any plus interest, plus the percent (20%) of the City's contribution for each year of continuous service. After the five (5) years of service with the City, the employee receives one hundred percent (100%). SECTION 9. It is an intent of the City of West Memphis, by these amendments, to modify the pay schedule for all city employees from a semi-monthly pay schedule to a bi-weekly pay schedule and, to that extent, any ordinance, resolution, or policy of the City of West Memphis to the contrary is hereby amended to be consistent with the establishment of a bi-weekly pay schedule. SECTION 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. PASSED AND APPROVED this day of , 20 . ATTEST: PHILLIP PARA, CITY CLERK SPONSORED BY: WILLIAM H. JOHNSON, MAYOR city Gf(- ®ate! n n -, �d f MOTOROLA SOLUTIONS SERVICES AGREEMENT Attn:National Service Support/4th fl Contract Number: S00001023670 1301 East Algonquin Road Contract Modifier: RN03-OCT-15 09:08:18 (800)247-2346 Date: 10/20/2015 Company Name: West Memphis, City Of Required P.O.: No Attn: Customer#: 1000191271 Billing Address: 626 E Broadway Bill to Tag#: 0002 City, State, Zip: West Memphis,AR,72301 Contract Start Date: 01/01/2016 Customer Contact: Sue Adamson Contract End Date: 12/31/2016 Phone: (870)732-7547 Anniversary Day: Dec 31st Payment Cycle: SEMI ANNUAL PO#: NA QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT "**** Recurring Services ***"* SVC01SVC1422C LOCAL RADIO COMBO PACKAGE $9.50 $114.00 2 SVC629AG ENH: XPR8400 SVCO2SVC0015C SP-SUBSCRIBER REPAIR-LOCAL $2,332.95 $27,995.40 56 XPR4350 7 XPR4550 62 XPR6350 34 XPR6550 SVCO2SVC0071A SP-OIR WITH LOCAL DISPATCH $541.66 $6,499.92 1 SITE(S) SPECIAL INSTRUCTIONS-ATTACH Subtotal-Recurring Services $2,884.11 $34,609.32 STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal-One-Time Event Services $.00 $ .00 Total $2,884.11 $34,609.32 Taxes - Grand Total $2,884.11 $34,609.32 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. Subcontractor(s) City State GRACE COMMUNICATIONS JONESBOR AR 0 I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions,a copy of which Is attached to this Service Agreement, is incorporated herein by this reference. X-ve' t4 ��. GI .. - ' v_ y�. „-/`r'r fr- AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER(PRINT NAME) k MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE Brian Lasher 501 515-2356 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: West Memphis, City Of Contract Number: S00001023670 Contract Modifier: RN03-OCT-15 09:08:18 Contract Start Date: 01/01/2016 Contract End Date: 12/31/2016 Service Terms and Conditions Motorola Solutions Inc.("Motorola")and the customer named in this Agreement("Customer")hereby agree as follows: Section 1.APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1)maintenance,support, or other services under a Motorola Service Agreement, or(2)installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. ?Agreement? means these Maintenance Service Terms and Conditions;the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. ?Equipment? means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. ?Services?means those installation, maintenance, support,training, and other services described in this Agreement. Section 3.ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the?Start Date? indicated in this Agreement. Section 4.SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer?s request, Motorola may also provide additional services at Motorola ?s then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used;the Equipment will be serviced at levels set forth in the manufacturer?s product manuals;and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment,the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged,stolen or taken out of service. Customer?s obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola?s reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement;or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment,tower or tower lighting, duplexer,combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks,the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6.TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer?s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement,the hours of Service will be 8:30 a.m.to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact(list of names and phone numbers)that will be available twenty-four(24)hours per day, seven (7)days per week, and an escalation procedure to enable Customer?s personnel to maintain contact, as needed,with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty(20)days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement(except income, profit, and franchise taxes of Motorola)by any governmental entity. Section 9.WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety(90)days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer?s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis,the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement,the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty(30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan,then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract,warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve(12)months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES,THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS;OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1)year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement,or other writings unless:the purchase order, acknowledgement, or other writing specifically refers to this Agreement;clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola?s property, will be deemed proprietary,will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law,any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel,or otherwise, any ownership right or license under any Motorola patent, copyright,trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15.COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two(2)years thereafter, Customer will not hire, engage on contract,solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer?s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola?s use without charge and may be removed from Customer?s premises by Motorola at any time without restriction. Section 17.GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party?s reasonable control, such as strikes, material shortages,or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party,which consent will not be unreasonably withheld. Any attempted assignment, delegation,or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses(each a?Separated Business?),whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a?Separation Event?), Motorola may,without the prior written consent of the other Party and at no additional cost to Motorola,assign this Agreement such that it will continue to benefit the Separated Business and its affiliates(and Motorola and its affiliates,to the extent applicable)following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE(1)YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY(30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement,the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola?s then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts,all of which will be considered one and the same Agreement.The parties may sign in writing, or by electronic signature, including by email.An electronic signature,or facsimile copy or computer image, such as a PDF or tiff image, of a signature, will be treated as and will have the same effect as an original signature. In addition,an electronic signature, a true and correct facsimile copy or computer image of this Agreement will be treated as and will have the same effect as an original signed copy of this document. Revised Oct 15, 2015