Loading...
02/07/2019 MINUTES WEST MEMPHIS CITY COUNCIL February 7, 2019 A regular meeting of the West Memphis City Council was held on Thursday. January 7, 2019 at 1:30 p.m in the City Council Chambers at City, Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given by Minister, Gary Hair of Calvary Baptist Church, followed by the Pledge of Allegiance led by Council Member Croom. Mayor Marco McClendon called the meeting to order at 1:30 p m. Cita Clerk, Joyce Gray. called the roll. Those present were: Mayor Afarco McClendon, City Attorney Michael Stephenson, City Treasurer Frank Martin and Counctl Members: Wayne Croom, Melanie Hutchinson, Lorraine Robinson, Tracy Can, James Pulltaum, Charles Wheeless, Dalen Hams, R'dIts Mandy, and James Bolt Quorum being present. Mayor McClendon proceeded with the meeting. BID OPENING: NONE MINUTES Council Member Catt moved, seconded by Council Member Croom to dispense with the reading of the minutes of January 30. 2019 Called Council Meeting and approve them as submitted. Upon voice vote, the voting was unanimous to approve. OLD BUSINESS: NONE NEW BUSINESS Council Member Pulliaum moved, seconded by Council Member Catt to suspend the rules and read 0-1. 0-2, 0-3. 0-4, 0-5, 0-6. 0-7 and 0-8 by title only. Upon voice vote, the voting was unanimous. O-1 AN ORDINANCE GRANTING AN ADDITIONAL SIX (6) MONTH MORATORIUM ON THE ENFORCEMENT OF CHAPTER 5.40, SOLICITORS CHAPTER 5.42, SOLICITORS IN PRIVATE RESIDENTIAL AREAS, AND CHAPTER 6.48, PEDDLING AND SOLICITING ON PRIVATE RESIDENCES, OF THE WEST MEMPHIS MUNCIPAL CODE; MAKING VARIOUS FINDINGS AND PROVISIONS RELASTED TO THE SUBJECT, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. City Attorney Stephenson read 0-1 by title only for the FIRST time. Council Member Catt made a motion, seconded by Council Member pollinatorto suspend the rules and place the Ordnance on its seconded reading Upon voice vote, the voting was unanimous. City Attorney Stephenson read the Ordinance for the SECOND time. Council Member Croom made a motion, seconded by Council Member Pulliaum to further suspend the rules and place the Ordinance on its third reading. Upon voice vote, the voting was unanimous. City Attorney Stephenson read the Ordinance for the THIRD and FINAL time by title only. Council Member Croom made a motion, seconded by Council Member Pulltaum to approve the Ordinance. Discussion followed: Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No.2491 Council Member Catt made a motion, seconded by Council Member Pulliaum to adopt the Emergency Clause in Section 5 Upon voice vole, the voting was unanimous. The Emergency Clause was passed. 0-2 AN ORDINANCE CALLING FOR A SPECIAL ELECTION IN THE CITY OF WEST MEMPHIS ARKANSAS, TO FILL A VACANCY ON THE CITY COUNCIL FOR WARD 4 POSITION 2 PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY. City Attorney Stephenson read 0-2 by title only Council Member Call made a motion, seconded by Council Member Croom to suspend the rules and place the Ordinance on its second reading. Upon voice vote, the voting was unanimous. City Attorney Stephenson read the Ordinance for the SECOND time by title only Council Member Pulliaum made a motion, seconded by Council Member Robinson to further suspend the riles and place the Ordinance on its third reading Upon voice vote, the voting was unanimous. City Attorney Stephenson read the Ordinance for the THIRD and FINAL time by title only Council Member Pulltaum made a motion, seconded by Council Member Croom to approve the Ordinance Upon voice vote, the voting was unanimous to approve. The Ordinance was adopted and assigned No. 2492. Council Member Pulhaum made a motion, seconded by Council Member Catt to approve the Emergency Clause under Section 10. Upon voice vote, the voting was unanimous to approve the Emergency Clause tinder Section 10. 0-3 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR AEIRAL SPRAYING GROUND SPRAYING AND OTHER MOS9UITO CONTROL EFFORTS, AND FOR OTHER PURPOSES. City Attorney Stephenson read the Ordinance by title only Council Member Cart made a motion, seconded by Council Member Pulliaum to suspend the rules and place the Ordinance on its second reading. Upon voice vote, the voting was unanimous. City Attorney Stephenson read the Ordinance for SECOND time by title only, Council Member Harris made a motion, seconded by Council Member Hutchinson to further suspend the rules and place the Ordinance on its third reading. City Attorney Stephenson read the Ordinance for the THIRD and FINAL time by title only. Council Member Pulliaum made a motion, seconded by Council Member Robinson to approve the Ordinance. Upon voice vote, the voting was unanimous to approve The Ordinance was adopted and assigned No. 2493 0-4 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PROFESSIONAL CONSULTING SERVICES IN REGULATORY AND OTHER MATTERS TO BE PROVIDED BY DAVID WHSON, AND FOR OTHER PURPOSES. City Attorney Stephenson read the Ordinance for the first time. 0-5 AN ORDINANCE TO WANE COMPETITIVE BIDDING FOR THE PURCHASE OF MOTOR FUEL, AND FOR OTHER PURPOSES. City Attorney Stephenson read the Ordinance for the FIRST time. Council Member Calf made a motion, seconded by Council Member Pulliaum to suspend the rules and place the Ordinance on its second reading Upon voice vote, the voting was unanimous Citv Attorney Stephenson read the Ordinance for the SECOND time by title only Council Member Cart made a motion, seconded by Council Member Pulliaum to further suspend the rules and place the Ordinance on its third reading. Upon voice vote, the voting was unanimous City Attorney Stephenson read the Ordinance for the THIRD and FINAL time. Council Member Cart made a motion. seconded by Council Member Robinson to approve the Ordinance. Discussion followed: Upon voice vote, the voting was unanimous to approve. The Ordinance was adopted and assigned No. 2494. Council Member Cart asked for a motion, seconded by Council Member Pulliaum to amend Ordinance 2494. The Ordinance previously required the purchasing agent to get three bids. Council Member Catt is asking that it be amended to two bids, because it is virtually impossible to get three bids. Upon voice vote, the voting was unanimous. 0-6 AN ORDINANCE TO WANE 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. City Attorney Stephenson read the Ordinance for the first time by title only. 0-7 AN ORDINANCE WANING 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. Council Member Pulliaum made a motion, seconded by Council Member Robinson to table the Ordinance Indefinitely. Upon voice vote, the voting was unanimous. 0-8 AN ORDINANCE TO WANE COMPETITIVE BIDDING ON PROFESSIONAL ACCOUNTING SERVICES AND FOR OTHER PURPOSES. City Attorney Stephenson read the Ordinance by title only for the first time. 0-9 AN ORDINANCE TO CREATE THE WEST MEMPHIS ECONOMIC DEVELOPMENT GROWTH ENGINE COMMISSION. THE E.D.G.E. COMMISSION IS A PARTNERSHIP BETWEEN ECONOMIC DEVELOPMENT, PLANNING DEVELOPMENT, ADVERTISEMENT AND PROMOTION DEPARTMENT, DESIGN REVIEW COMMISSION, CHAMBER OF COMMERCE, COMMUNITY RESOURCE SERVICES, BUSINESS, PROPERTY AND LAND OWNERS, City Attorney Stephenson read the Ordinance by title only for the first time. Mayor McClendon will schedule a work session with Council to discuss any changes that might need to be made. Economic Director Phillip Sorrell gave a brief explanation of the E.D.G.E Commission initiative. PERMISSION REQUEST: PLANNING COMMISSION RECOMMENDATIONS (SEE MATERIAL.IN PACKETT). Council Member Pulliaum made a motion, seconded be Council Member Cott to approve the Planning Commission recommendations. Upon voice vote, voting was unanimous to approve. PERMISSION TO SIGN SERVICE AGREEMENT WITH MOTOROLA Council Member PulLaum made a motion, seconded by Council Member Catt to give E permission to Mavor McClendon to sign the agreement with Motorola. Upon voice vote, the voting was unanimous. PERMISSION REQUEST FOR THE MAYOR TO SIGN AGREEMENT WITH WATCO FOR THE LEASE OF THE PALAEMON BARGE Council Member Croom made a motion, seconded Council Member Pulhaum to give permission for Mayor McClendon to sign the agreement with WATCO for the lease of the Palaemon Barge. Upon voice vote, the voting was unanimous. PERMISSION TO PAY $200.00 TO OMEGA PHI FRATERNITY XCIRCHO CHAPTER- MAYOR W.H. JOHNSON (THERE IS $469.40 REMAINING TO BE DISTRDIUTED). Council Member Pulliaum made a motion, seconded by Council Member Mondy to pav $200 00 dollars to the Omega Phi Fraternity, on behalf of Mayor W.H. Johnson Upon voice vote, the voting was unanimous. COMMITTEE REPORTS: PUBLIC WORKS: Council Member Robinson presented the Public Works report. On January 8, 2019, elections of officers were held. Council Member Lorraine Robinson was nominated to be the to be Public Works Chairperson. On February 5. 2019.The committee discussed and set a public meeting date for March 7, 2019 at 6:00 p.m. at Citv Hall to discuss a new sanitation ordinance. The committee plans to invite the Landlord Association, Building Association, Realtors and the General Public. The plan is to write a new ordinance regarding sanitation which consolidates all the other sanitation ordinances and repeals the old ones. Items addressed will be Landlord cleanups. litter and debris, tires, garbage and more. Recycling Report-The total for recycling in January was 19,860 pounds. There was 1 E- waste pickup and the department disposed of 2,606 tures The Commission discussed looking into regulating how many tires that a business can stack up on the premises using an Environmental Hazard Clause. City Engineer Report The Hoo Bridge is open to traffic. There is still some permanent striping to he completed and sealing to be done on the wing walls. 35% of the. South Loop is complete. The preferred route has been selected by the Federal government The project is still tinder environmental review the project will bud out nest year, they are still trying to secure funding so the entire project can be completed at once instead of doing it in stages The contractor began work on February l 2019 on the Redding Street Bridge and work is expected to be completed by May or June. The City was awarded a State Aid Grant. The area chosen for the project was East Barton from North 18° to Ingram. The streets as well as the sidewalks and drainage will be improved The project is estimated at $350.000. Sanitation had 1 damage claim to City property and no workers comp claims in January. The Street department had no damages or workers comp claims. The City Shop had no damages or workers comp claims. A preconstruction meeting is scheduled for February 12,2019 for the total reconstruction of ML Kung from Southland to Broadway This will be an ARDOT job There will be a lot of complaints, but the work is much needed ADVERTISEMENT &PROMOTION: Council Member Pulliaum presented the Advertisement and Promotion report The A & P Commission met on January 24, 2019 at 4.00 p in. The staff reported that there were four events held in December at the Civic Center for a total of 1,285 visitors. There was a total of 32 events for the vear with a total of 13,551visitors. The Auditorium had nine events in December for a total of 815 guest. "there was a total of 99 events for the year with total of 11, 243 visitors. The Commission also approved funding for Blues Off Broadway. The Blues Off Bruadwav event will be everyThursday in May from 5:00 p.m. 8:00 p m., The Commission also approved the bud for the up grade of the projection and video screen at the Auditorium. The Commission approved the contract between Advertising and Promotion and the Chamber of Commerce. APPOINTMENTS' NONE ANNOUNCEMENTS: Council Member Pulliaum asked for an explanation from City Clerk Joyce Gray regarding the check request forms that were passed out at pre-council that she would like to see implemented going forward when requesting checks City Treasurer Frank Martin stated that the Finance office is responsible for all checks that are written. City Treasurer Martin said that the finance office does come under audit and has never had any supplemental audits as a result of their current process. City Treasurer Martin said he is willing to look at the forms and have a discussion with City Clerk, Joyce Gray to see the feasibility of using the forms City Clerk Joyce Gray submitting the forms to Council for their consideration Council Member Croom announced on February 71h, 2019, Delta Arts will be sponsoring Art J and Soul at ASH Mid-South Campus. The art show will be from 5:00 p.m. until 6:30 p.m. and will feature local artist, the art work will be available for purchase. There will also be a performing art show at the Schoettle Center on February 24. 2019 at 3 30 p in. Darrins Wallace will be portraying Frederick Douglas Mayor McClendon asked for everyone to be in praver for Planning and Development Director Paul Luker and his familv. Mayor McClendon said their will be a Community Development Block Grant meeting on February 7. 2019 at 5:00 p.m. in the Council Chambers. Mayor McClendon asked that everyone he in prayer for the young man and his family that lost his life due to a tragic accident. CITIZEN REQUEST: Mr Torrence Smith of 501 S 511- Street signed up for citizens request but did not show up to speak before Council. Mr. Smith spoke with Mayor McClendon prior to the Council meeting and his concerns were addressed. Having no further business to come before the City Council, Council Member Pulliaum moved, second by Council Member Harris to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 1:50 p.m PASSED and APPROVED this 21 day of February 2019 ��NDON. MAYOR ATTEST: "GRAY. RK Minutes prepared by Patricia Lane, Jr Deputy Citv Clerk SERVICE AGREEMENT 1299 E Contract Number USC000002889 Schaumburg, IL 6 Road Contract Modifier: Schaumburg, IL 60196 (800)247-2346 Date 14-JAN-2019 Required P O: N/A --- Customer# 1000191271 Company Name West Memphis, City Of Bill to Tag#. 0001 Attn: Contract Start date 01-JAN-2019 Billing Address. W Memphis, City Of Contract End date 31-DEC-2019 City, Province, Postal Code West Memphis,AR,72301 Anniversary Day: Dec 31st Customer Contact Oakes, David Payment Cycle ANNUALLY Phone- 870-732-7547 Currency. USD - - - EXTENDED QTY MODELIOPTION SERVICES DESCRIPTION AMT '"•" Recurring Services" LSVOOSGO156A LOCAL DEVICE COMBO SVC 12964 1 SUBS 1143035 LSVOOQ00572A LOCAL DEVICE SUPPORT 34,428.00 1 SUBS_1143035 SVCOJSVC1424C ONSITE RESPONSE-LOCAL 7,388.04 — DISPATCH-STANDARD — 1 MTRBO100CBD1 Sub Total 41,945.68 Taxes calculated on invoice SPECIAL INSTRUCTIONS-nnncR Grand Total 41,945.68 STPTEMENT OF WORN FOR PERFOR.'N DESCRIPTIONS T, is �YAPPLYASPERTHEII.Mls 0TION5 Subcontractors Cit - State AR-RUSSELLVILLE,ARK VALLEY RUSSELLVILLE AR COMM-Arkansas Valley Co. 1 received statements of Work that describe the services provided on this Agreement.Motorola's service Terms and Condition.,s copy of Which is attached --1� tto this Sei-v–i–ce–Agreement,is incorporated herein by this reeffreerenn�c�e. ITLE p / n ,f / DTE AUTHZED CUS =Om � SIGNATRlE � CIU STOMER(PRI T NAME) P .� MOTOROL E�NTATIVE (SIGNATURE) TITLE DATE �' JACKSON, PHILLIP CFW748 (870) 329-9509 MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE Company Name West Memphis, City Of Contract Number . USC000002889 Contract Start Date 01-JAN-2019 Contract End Date 31-DEC-2019 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 22 "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 23. "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 m a more detailed statement of work or other document attached to this Agreement Al Customers request, Motorola may also provide additional services at Motorola's then-applicable rates for the services 42. 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. 43, 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 44 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 45 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 Customers notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5.EXCLUDED SERVICES ar 5 1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other r 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 on 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 slated 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 It. 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 notto 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, GOODWILL,REVENUES, PROFITS OR SAVINGS,OR OTHER r SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANYWAY 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 132 Unless otherwise agreed in writing,no commercial or technical information disclosed in any manner or at anytime 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 e Motorola at anytime without restriction. Section an GENERAL TERMS Section 1 n 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 dupes of the partes wdl be interpreted in accordance with the laws of the State in which the Services are performed. 173 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 shall be considered part of the Agreement The parties may execute this Agreement in writing,or by electronic signature,and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition,an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document Revised Oct 15,2015 �r WATCO COMPANIES Warden Transloading, L.L.C. 315 W 3rtl Street Pittsburg KS667G2 Date1/31/2019 Customer' Ci17 of West IYlemphis. AR Address 205 S Redrlmg,West Mamphis, AK 78.301 Attn Phillip Sorrell Phone 570-73'1.7507 F Mind peorrelLl'citvcven con, Contract Nn WMT- PD 001 RE. Equipment Lease Agreement from City of West Memphis to WATCO TRANSLOADING, LLC Dear Phdhp, 'this lease agreement is made and entered into mm this Jt Ilay of Fehruar}, .301'9, between City of West Memphis, Arkansas (hereinafter 'Lesser') with its pimnple edne at 305 S Redding, West D7empins. AR 73801 and Watco Transloading, LLC Unatrd at 315 W Tat Street, Pittsburg KS 66762 (hereinafter 'Lesser') In consideration of the mutual agreenm�nb lieremufter contained, the parties ogles to the following 1. The Lessor hereby leases to the Lessee the equipment des. died in Exhibit A under the heading"Uescriphnn of Equipment`commenting on the Ll day of Februaiv, 2019 (Commencement Date) an the terms and rcnddmne set form the, agreement for use by the Lessee at or near, them operation in Memphis. TN The Lessee shall not move the Equipment (as deccubed) from the ahnvm location without prior written consent of the Lessor, which shall not be unreasonably withheld, conditioned, or delaved The parties agree that Lessee hcrehv leases Item the Lessor'at the rates stated in Exhibit A, the follow mg equipment together with personal property and arccasm'iee in connection therewith lcollectn ely the"Equrpon,at I 2. No Warranties. Lessor expressly disclaims any and all expressed or implied warranties as to the equipment, including any warranty of merchantability or fitness for a particular purpose, lessor shall not he liable for any incidental or consequential damages relotmg to the possession transport, use, operation, control. maintenance and/or repair of the equipment, or any loss, damage or injury resulting therefrom 3. Insurance. The Lessee agrees to purchase the following insurance coverages and to furnish to the Lessor certificates of such imurance within seven days from the date of the Lessee's execution of this Agreement and before taking delivery of the Equipment These certificates should certify that the Lessae has the following royerages Page I of "112019 Agreement between Watco and City of West Memphis,Arkansas a. R'ocker's compensation and the employer's liability msuranee, with the limits at least at the stat,tary minimum or 51,000,000 whu'heyer is grpa ter. b. Primarynon-eomrrbutmycommerrial g,,allimelmy,or its equivalent,insurance on an or(aroma,basis,including bochlc nilury and property damage coverage with ra ni num limits of$2,000,000 per ocrurrenre and $-F 000.000 in aggrpgate� c. Exccss/1lm1kredla non-contributory msmance in the amount of(5.000,000 Les:ea's policy must be eadorspd so that it is primary to all of the Lessor's insurance policies d. The Lessor will be included as the additional insurer] na all liability msura )re policies including umbrellakuess: Lesspe shall name the Lps,or as loss payee on all insurance policies .\iso the Le ear r, to be named as additional insured on all habil,ty m,w'anre certrfcatp,,, Lessee shall pwvrdp all such liability insurance certificates to the L,,-,c, e. Lessee shall endeavor to give thirty 4i0t daps advance notice to the Lessor prim to cancellation. In the event of loss, Lessee shall w'in'k with their insurance carrier to collect any proceeds of the praperty damage insurance in the Equipment Lessee shall then remit paympnt to the Lessor when applicable Lessees agreements to indemnify and hold harmlps, fi'om habthty, damage and loss are in addition to, and not an alternative to, thc,e insurance provisions and the purchase of any of the above coveraece shall nil operate a, waive any of the above indemnity provisions To the extent that the Lessee mag perform under this lease without akrtammng the oboes coverage s such an a,.urence shall not operate, in any way, as a waiver of the las,or's right to maintain anv breach of contrart action against Lessee 4 _Indemnfficationl Limitation of Liability Each Party (the 'Indo,mmfymg party't hereby agrees to mdemnifv. defend and hold the other Party an,I its employee: and rthe Indemmtee'i harmless to the extent permitted by law and not otherwise prohibited b} Aikanana Statutes or the Constitution of the atate of Arkansas from and agamet (taints, liabibtl.., cost, fines, penalties. causes of action, losses damages, expenses hncludleR but not lin i ed to rpasonable attmmeystreat and charges ariang out of the negligence, strict liability. or willful misconduct of the Inlemmfpmg Parts- or relating to a material bnpaeh thin Agreement (collectively. "Claims'), except to the extent that any such Claims are caused by the negligence or willful mrscondduct of the Indemnitee or a third part}' 5. Limitation of Labibty_Notvdhstanding anything herein to the contrary, Lessee s total Lability to Lesson: under this Am,muent under any theory whether in contract, tort, or strict liability, shall be limned to twenty five percent i2.5o!0 of the total amount of the payments made by Lpssee during the 12 month perind immediately preceding the incident giving rise to the claim 6. Title. The Equipment shall remain the property of the Lessor at all times Lessee shall keep the Equipment free from any and all Ivens, encumbrances and claims, including property taxes, whatsoever, and shall not perform or permit any act that may encumber or impair the Lessors title or rights in the Equipment 7. Operation ofEquipment Lessee agrpus to use said Equipment in accordance with the manufacturer's rated load capacities for such or similar Equipment Page 2 of s 211/2019 Agreement between Watco and City of West Memphis,Arkansas 8. The Lease Period. The Lease paned shall be.,,on the Commencement Pate and continue through as shown in RXhlbitA IToo written notification of not less than thu'h (300 days, the lessee may terminate thv lease agreement 9. Calculation a Rental Charges. The Lesseeshall pay the Lector the R,trial Rate'as shown in ExhibitA for the entire Rental Period on each article at Equipment bated 10. Payment. The rentals due under this lease shall he pard monthly no greater than 30 days following presentation of Les ora income 11. Right to Central It rs expressly agreed by and hetween the parties herein that the Equipment and all persom operating the Equipment are under the exclusrve mnsdu'tron, supervision, and control at the Lessee under this lease. It shall be the duty of the Lessee to girt specific instructions and direr roes to all persons operating and maintaining the lessud Equipment Lessen specifically agree, that the Lessor no, absnlutelp no control over any Tucson operating or seeding in the opuratnng olthe leased Equipment 12 Repainar and Operation Costs. Le—v agrees to inspect the Equipment upon execution of this agreement Thr Lessea'c failure to notity the Lessor in writing of any deficmncres in the Equipment within Plinth (30) days after execution of agreement re Les,ee'c arknowledgement that the Equipment, when delivered. was in good, safe and mrviceable condition and fit for its untended one Leasee shall maintain Equipment as prescribed by the Equipment manufacturer and a,otharwice rtqumedby operating practice Lessen shall perform and pay for such maintenance inrluding but not limited to routine marine maintenance All repairs including all Iabm, parts and materials, for all leased Equipment mrluding aeeessrn res or attachments will be at the expense of the Lesser, s'h'all bject to the limitation of liability contained herein 13. Dams a to Equipment. All risks or damage to the Equrpment accidental m otherwise be borne by the lesseesuhject to the limitation at Lability contained herr in 11. Entue ' This Agreement,br,ethei e'rth:mv and all exhibit, hereto, constitutes the entire agreement between Lessor and Less,e and super,edes any and all tar an, and conditions which may be contained in any purchase orders m other tenting, Otto y nature issued be Cuatm ner prior or subse subsequent to this Agnnient This Agnt reememay not be amended, altered, or changed except by Mitten agreement signed by both Parties Neither Partv shall assign,delegate,or transfer its rights or obligations without the pru it written mnse nt of the other Party, which consent .,hall not be um'uasonabh' withheld This Agreement shall be governed by Arkansas bm , and the Paitias consent to the jurrsdrehmn of courts in that State 15 Notices All notices redacted to he green by edhm' Party to the other /unless expressly stated otherwise in this Agreement), must be in writing and shall he deln'ered to the other Partv by overnight messenger svr4lre, United States certrhed mail with return receipt requested, or by overnight courier, and oddres,ed a, follows Page 3 of 5 2/ 1/2019 Agreement between Watco and City of West Memphis,Arkansas FNauru Contnrr. ine Contract blanc te'-'et(ErouP I Nems Phillip Sorrell 4ddre=s WATC'O Transloadmg LLC T¢L Die(tor,Ecnnoms Decelopmenr 315 N 31d Strut Add,,,, 205 5 Redding 8tre.:r Prtt,bmg, AS 66763 Meet Memphis AR 72301 Fzn (690) 231-0812 Phon=(FAX 187017327dO7/(870)731-750-1 Eb7.v1 contr3crmpn;Lrnrnu.,,.aorc.,m=ee.o� _ E-Marl P_er"IP" l'ssm Imn - 16. Lessor and Lessee agree that the terms of this Agreement and no other terms shall he binding upon both Parts_ schen both Parties have executed this Agreement This offer to contract unlc on this terms herein may only be accepted and become the Agreement between the Parties ss stand in the preceding, sentence and all terms and conditions contained herein are material LESSEE LESSOR Accepted and Agreed to by: Accepted and Agreed to by Watco rfransloading, L.L.C. City of West ,Mee�mpbis, Arkansas By: - - — 13}' -Yt ' Z4 ' ee Name_Dan Lester _ 1Nonie Alorc9-MrClendon _ Title lice President - Commercial - - T(tl- _\favor _ — Date _ Date _ Page 4 of 5 2;1,'019 Agreement between Watco and City of West Memphis,Arkansas Exhr6it A Description of Equipment Palaemon Dock Ve,sel ID#PD 1 Flatdeck Large ntensnung ]8Ox4Ox]2 feet Effective Date21112019 Expiration Date_ 1/31/2020 Term The Agreement will I- efferliae for a prrmd of 12 month; Contract Year Twahve (14) month permd commencing s dh effi dive date. Rental Rate R'atro .hall pay the CO of Wert Mrntphrs a mori lease payment of 51700 00 durmg the term of the lease Payment Terms Net 30 Dace Page 5 of 2,1 019 EFFECTIVE JANUARY 1, 2019 BID TABULATION SHEET FOR 2019 MATERIAL SUPPLY CONTRACTS BID DATE: 12/4/2018 CRUSHED LIMESTONE GRAVEL: 1 APAC-TENNESSEE, INC. $ 18.00 ton 2 FULLEN DOCK AND WAREHOUSE $ 17.48 ton 3 RAZORROCK $ 29.35 ton 4 LAFARGE $ ton ASPHALT: 1 APAC-TENNESSEE, INC. $ 74.29 ton 2 LEHMAN-ROBERTS COMPANY $ 67.00 ton 3 $ ton 4 $ ton CONCRETE: 1 RAZORBACK CONCRETE COMPANY Standard Mix $ 131.24 cubic yard High-Early Mix S 141.21 cubic yard 2 Standard Mix $ cubic yard High-Early Mix $ cubic yard 3 Standard Mix $ �t cubic yard ` High-Early Mix $ �' cubic yard s41"N sA r CRUSHED LIMESTONE GRAVEL Map it Miles Hourly Total Price per to plant Map it Round Rate X2 Mileage Total Pick Material Cost Total Cost ton Bid round trip trip Time Guys Driver Pay @ .30 up Cost on 20 tons per Bidder FULLENDOCK $ 17.48 286 48 $ 27.42 $ 21.94 $ 8.58 $ 30.52 $ 349.60 $ 380.12 APAC $ 18.00 5.4 14 $ 27.42 S 6.40 $ 1.62 $ 8.02 $ 360.00 $ 368.02 Based on Plant Addresses Below: Fullendock: 382 Klinke Rd Memphis, TN 38127 APAC: 898 South Walker West Memphis, AR 72301 ASPHALT CONCRETE HOT MIX Wplant iles Hourly Total t Map it Round RateX2 Mileage TotalPick MaterialCost Total Cost rip trip Time Guys Driver Pay @ 30 up Cost on 20 tons per Bidder Lehman- Roberts 60 $ 27.42 $ 27.42 $ 9.24 $ 36.66 $ 1,340.00 $ 1,376.66 APAC 14 $ 27.42 $ 6.40 $ 1.62 $ 8.02 $ 1,485.80 $ 1,493.82 Based on Plant Addresses Below- APAC: 898 South Walker West Memphis,AR 72301 Lehman-Roberts. 2840 Carrier Road Memphis,TN 38116 WEST MEMPHIS UTILITY COMMISSION P. O. BOX 1868 604 East Cooper West Memphis, AR 72303 Phone (870) 732-7509 Fax (870) 732-7621 12/5/2015 TREE TRIMMING BIDS OPTION 1 BID PRICE PER MILE FOR EACH YEAR (4 YEAR CONTRACT) WOLFTREE WESTTREE APPLE TREE ABC ASPLUNDH INC. SERVICE SERVICE 2019 $24,700.00 NO BID NO BID $27,468.00 NO BID 2020 $22,550.00 " $21,785.00 " 2021 $21,285.00 $30,848.00 " 2022 $22,574.00 $24,502.00 OPTION 2 2019 NO BID NO -TN BID BID $28,226.00 NO BID ONLY Legend linch= 1,000 feet 4 Year Tree Trimming N Year —2019 ---20031473 Miles —2020 ---- 19592275 Miles —2021 ---22.562439 Miles —2022 ----21 023366 Miles