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2418 ORDINANCE NO. ..24ti8 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR CONSULTING SERVICES FOR THE CITY OF WEST MEMPHIS AND WEST MEMPHIS ECONOMIC DEVELOPMENT TO BE PROVIDED BY STEVEN McLAWS, AND FOR OTHER 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, there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; and WHEREAS, the City of West Memphis and West Memphis Economic Development is in need of consulting services regarding advising and supporting the City and the Economic Development Department on railroad issues relating to the TIGER IV Grant, as amended, and it would not be feasible or practical to require competitive bidding for such services under the present circumstances; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. That competitive bidding be waived for the following item to be used by the City, described as follows: Consulting services for the City of West Memphis and West Memphis Economic Development to be provided by Steven McLaws, regarding advising and supporting the City and the Economic Development Department on railroad issues relating to the TIGER IV Grant, as amended. Section 2. The agreement between the City of West Memphis and Steven McLaws, subject to such incidental modifications and may be approved by the Mayor, is hereby approved and the Mayor is hereby authorized to execute the final agreement on behalf of the City of West Memphis. PASSED AND APPROVED this c,20 day of © , 2016. `._l WILLIAM H. JOHNS N, Mayor ATTEST: PH P PARA, City Clerk SPONSORED BY: / 2 RECEIVED City Clerk's Office Date/Time io-n-i 6 11: 00 By p LuALL0 c,t Agreement between Steven McLaws and the City of West Memphis, Arkansas for Railroad Consultant Services This Agreement for Services will serve the West Memphis Economic Development Department in advising and supporting the Department on railroad issues. Services to be delivered include: 1. Provide general railroad consulting services (infrastructure, operations, capital planning, cost/benefit assessments, program management, etc.) to support the Department's effort in promoting industrial development to create new jobs and tax revenues. 2. Manage and direct the review and development of proposed railroad track layouts and provide comments, recommendations and alternative layouts as appropriate. 3. Act as a liaison for the City in the review, assessment and optimization of third party railroad interactions. 4. Act as an advocate and program manager for the City, in the execution of the Tiger Federal Grant IVA project, working in conjunction with John Youngbeck and Cheryl Garner. Services include participating in monthly progress meetings to monitor project performance, schedule, budget and cash flow to meet compliance requirements and any other related responsibilities. 5. Assist in the review, development and negotiation of the existing operating and lease agreements with Class I and Class III Railroads. 6. Assist in the development, modifications and review of a Memorandum of Understanding (MOU) between the City, Class I & Class III Railroads and rail-served customers for new manifest and unit train services. 7. Act as a liaison to assist, the Economic Development Department, in the assertive recruitment of new rail-served industry and developers to promote job creation and revenue for the City. Timing & Fee Schedule Timing: The Agreement shall begin upon execution and duration shall be related to the development of a rail asset lease/sale transaction, and, to the execution of the U.S. DOT TIGER IV amended project. This Agreement may be terminated by either party upon 90 days written notice. Fee: Work to be invoiced monthly at $2,750/month plus travel and expenses. Monthly invoices exceeding 32 hours per month will be billed at $75 per hour. Travel and expenses will be reimbursed as part of the monthly invoice with detail receipts. No claim for alcohol will be paid; meal claims will include a detailed receipt of the order and receipt of payment. Before any services, that will include travel and expenses claims, a brief outline stating why the travel and expenses will be required including estimates of expected travel (airline, hotel charges and car rental, and meals with prospects)will be submitted for review and approval by the Mayor's designee. Daily meal charges, per person, should not exceed $80 ($20 for breakfast, $20 for lunch, and not more than $40 for dinner). Date: Steven McLaws Date: William Johnson, Mayor � esE--ftt.3 be 3 24aYs.