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03.07.24 PLEASE TURN OFF ALL CELL PHONES AGENDA WEST MEMPHIS CITY COUNCIL MARCH 7,2024 PRAYER: PASTOR JARVYS JONES Is TEMPLE OF REFUSE PLEDGE OF ALLEGIANCE: MRS.PATRICIA LANE SENIOR DEPUTY CLERK-CITY OF WEST MEMPHIS CALL TO ORDER: ROLL CALL: CITY CLERK-MS.PAT JOPLIN BID OPENING: WEST MEMPHIS UTILITIES-REMOTE WORKER RESIDENCY ' ` RECRUITMENT CAMPAIGN,OFFICE OF ECONOMIC DEVELOPMENT- MR.WARD WIMBISH WEST MEMPHIS UTILITIES--RECOMMENDATION FOR EQUIPMENT _ CONTRACT AWARD-MR.WARD WIMBISH BID OPENINGS BY MR.KENNETH JOHNSON-CITY OF WEST MEMPHIS 1.2024 MUNICIPAL PROPERTIES-GRASS SPRAYING 2. 2024 BASEBALL FIELDS&PARKS-GRASS SPRAYING 3. 2024 GROUND MAINTENANCE FOR CITY HALL& CIVIC COMPLEX 4. 2024 WEST MEMPHIS MUNICIPAL AIRPORT GRASS MOWING 5. GATEWAY MOWING&LANDSCAPE MAINTENANCE - 6. WEST MEMPHIS UTILITIES GRASS MOWING 7. MAIN STREET GRASS MOWING&LANDSCAPE MAINTENANCE 8.ROBERTA JACKSON NEIGHBORHOOD CENTER-LEASE AGREEMENT 9.2024 VECTOR DISEASE CONTROL,INC. MINUTES: APPROVE OR CORRECT MINUTES OF FEBRUARY 15,2024 OLD BUSINESS: R-1 A RESOLUTION TO APPROVE THE PURCHASE AGREEMENTS BETWEEN THE CITY OF WEST MEMPHIS,ARKANSAS AND JAMES HARRIS, AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY OF WEST MEMPHIS.(TABLED .. - ON FEBRUARY 15,2024,UNTIL MARCH 7,2024). R 2 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A HISTORIC PRESERVATION EASEMENT ON BEHALF OF THE CITY OF WEST MEMPHIS(TABLED ON FEBRUARY 15TH UNTIL MARCH 7TH. 2ND READING OF AN ORDINANCE TO AMEND ORDINANCE 2564 ESTABLISHING WATER RATES FOR THE CITY OF WEST MEMPHIS,AND FOR OTHER PURPOSES 2ND READING OF AN ORDINANCE TO REPEAL CERTAIN ORDINANCES OF THE CITY OF WEST MEMPHIS,ARKANSAS NEW BUSINESS: R-1 A RESOLUTION RECOGNIZING THE ORDER APPOINTING MAYOR MARCO MCCLENDON.AS ITINRANT AMBASSADOR OF THE CITY OF GUEDIAWAYE,REPUBLIC OF SENEGAL Y 0-1 AN ORDINANCE DECLARING PROCUREMENT CONSULTING SERVICES TO BE PROFESSIONAL SERVICES PURSUANT TO ARK.CODE ANN.SECTION 19-11-801,ET SEQ.,AND AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST MEMPHIS 0-2 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR AERIAL SPRAYING AND OTHER MOSQUITO CONTROL EFFORTS,AND FOR OTHER PURPIOSES 0-2 AN ORDINANCE TO AMEND ORDINANCE NO,2662 IN REGARDS TO THE FEE CHANGED FOR A CERTIFICATE OF OCCUPANCY • PAGE 2 AGENDA WEST MEMPHIS CITY COUNCIL MARCH 7,2024 PERMISSION REQUEST: PERMISSION FOR THE MAYOR TO EXECUTE AN OPTION TO PURCHASE AGREEMENT (TABLED ON FEBRUARY 15,2024 TO MARCH 7,2024). COMMITTEE REPORTS: APPOINTMENTS: PRESENTATION BY THE MAYOR: ANNOUNCEMENTS: CITIZENS REQUEST: AJOURNMENT: MINUTES - WEST MEMPHIS CITY COUNCIL :•' March 7,2024 • A regular meeting of the West Memphis City Council was held on Thursday March 7, 2024, at 1:00 p.m. in the City Council Chambers at City Hall, 205 S. Redding,West Memphis,Arkansas. Invocation was given by Pastor Jarvys Jones,Temple Of Refuse Church followed by the Pledge of Allegiance led by Senior. Deputy City Clerk, Patricia Lane. Mayor Marco McClendon called the meeting to order at 1:00 p.m. City Clerk, Patricia Joplin called the roll.Those present were Mayor Marco McClendon, City Attorney, Michael Stephenson by zoom video, Council Members: Gheric Bruce, Tracy Catt,-Wayne Croom, Helen Harris,James Holt, Melanie Hutchinson, Lorraine Mohammed, Willis Mondy, David Murray, and Charles Wheeless.Absent was City Treasurer, Charlie Suiter Jr. and Finance Director,Tori Perry. Evening Times Reporter Donald Wilburn was also present. Quorum, being present Mayor McClendon, proceeded with the meeting. BID OPENING: WEST MEMPHIS UTILITIES-REMOTE WORKER RESIDENCY RECRUITMENT CAMPAIGN, OFFICE OF ECONOMIC DEVELOPMENT-MR.WARD WIMBISH Councilor Catt said he would like to table it for two weeks to have a meeting to go over the different scenarios of how individuals will be incentivized to relocate to West Memphis and how does the City over a period of time recoup the investment that they are making. Councilor Mohammed was in agreement with Councilor Catt. Mr.Ward Wimbish said that it is just a bid opening and that this has been the normal procedure for bidding something out and should be the mayors decision. Councilor Catt said if approved it would be authorizing the expenditure of$63,000 dollars, and before expensing the money he would like to hear the total plan. Mr.Wimbish said the question would be, is how many more of these types of bids do they bring before council. Mr.Wimbish gave an example of contracts signed for feasibility studies for Slack Water Habor where they would be spending city money and asked if they were expected to bring that back before council. Councilor Catt said that is why he felt that it is important for council to attend more of the meetings or be made aware that they are having meeting so that they can attend,so that they can know what everything is about. Councilor Mohammed asked if tabling it for two weeks would hurt anything. Mr. Wimbish said it would not. Councilor Croom was in agreement with Councilor Mohammed because he just got his packet on Wednesday and needed more time to review the information. Mr.Wimbish said a bid packet was presented for a substation and they brought it before council and it was approved and that is how they have done it in the past and asked how would he know what needs to be presented to council. Councilor Catt said that they are able to see it and they know what the return on investment would be and, in this case, he does not know what the return on investment would be and how does the taxpayer recoup their investment. Mr.Wimbish said that is what Economic Development does they plant seeds for example they will be going to Atlanta with the State to recruit site selectors and in the recruitment process they might take them to a ball game to try and develop a relationship with site developers that will entail spending city money. Mayor McClendon said that he did not have an issue with the bid and that he does respect the fact that the Council wants to be kept abreast of any expenditures, but this is the procedure that they have used in past bids of this kind with the past administration. He said that he has done his best to be transparent with council, however it is not always feasible to present everything to council when he is trying to move the city forward. Mayor McClendon said he has no problem with delaying the decision of council to approve the bid for two weeks if they need it, because there is nothing being hidden from the council. Councilor Bruce made the motion, seconded by Councilor Wheeless,to table the bid for two weeks. Upon voice vote,voting was unanimous to table (Tabled until March 21,2024)The council will have a work session Tuesday March 12, 2024, at 4:00 p.m. in the City Council Chambers to discuss the bid WEST MEMPHIS UTILITIES-RECOMMENDATION FOR EQUIPMENT CONTACT AWARD-MR. WARD WIMBISH Councilor Bruce made the motion, seconded by Councilor Mondy to approve. Upon voice vote,voting • was unanimous to approve. Mayor McClendon removed Bid#9 off the Bid list presented by Purchasing Director, Kenneth Johnson for the 2024,Vector Disease Control, Inc because it is being presented as 0-2 under new business. BID OPENING BY MR.KENNETH JOHNSON-CITY OF WEST MEMPHIS 1. 2024 MUNICIPAL PROPERTIES-GRASS SPAYING 2. 2024 BASEBALL FIELDS&PARKS-GRASS SPRAYING 3. 2024 GROUND MAINTENANCE 4. 2024 WEST MEMPHIS MUNICIPAL AIRPORT GRASS MOWING 5. GATEWAY MOWING AND LANDSCAPE MAINTENANCE 6. WEST MEMPHIS UTILITIES GRASS MOWING 7. MAIN STREET GRASS MOWING&LANDSCAPOING MAINTENANCE 8. ROBERTA JACKSON NEIGHBORHOOD CENTER-LEASE AGREEMENT(Removed from Bid List) 9. 2024 VECTOR DISEACE CONTROL, INC.(Removed from Bid List) Councilor Bruce made the motion seconded by Councilor Mondy to remove 8 and 9 from bid list and to111 approve 1-7 bids. Upon voice vote,voting was unanimous to approve 1-7 bids. ROBERTA JACKSON NEIGHBORHOOD CENTER-LEASE AGREEMENT Mayor McClendon said that the Lease Agreement is the same lease that has been in place for the past four years for East Arkansas Area on Aging and to be able to occupy one and half of the building at Roberta Jackson Neighborhood Center is located at 1300 Polk Street,West Memphis,Arkansas.The agreement says that the tenants and its employees can have access to the additional half of the building every week from 6 a.m.to 2:00 p.m.Tuesday through Thursday unless it is an election year, and the additional half is used for a polling site. Discussion followed: Councilor Catt made reference to item 9-b. The conditions were already in the previous lease agreement, and nothing has changed, and he is just curious if they have already given East Arkansas Area of Aging a copy of this term agreement. It was his understanding that they were to have received an item list stipulating what items belonged to the city and could not be removed from the building. City Attorney Stephenson said that there were only two changes to the lease which were access to the additional space and the increase in rental fee from$800.00 to$1,100, he was.not sure if they had received an item list. Councilor Catt requested if they had not been given a list of the items that belonged to the city that could not be removed,that someone would take care of getting the list. Mayor McClendon said that their lease agreement would expire on April 1,2024. Councilor Mondy made the motion, seconded by Councilor Harris,to table it indefinitely. Mayor McClendon asked for a roll call vote,the roll call vote was as follows: YES: Bruce, Harris, Hutchinson, Mondy, Murray NO: Catt, Croom, Holt,Wheeless ABSTENTION: Mohammed ABSENT: None With 5 yes votes,4 no votes, 1 abstention votes, 0 absent votes.The motion to table indefinitely FAILED. Councilor Catt made the motion, seconded by Councilor Croom,to approve the lease agreement as presented. Mayor McClendon asked for a roll call vote,the roll call vote was as follows: YES: Bruce, Catt, Croom, Holt,Wheeless NO: Harris, Mondy ABSTENTION: Hutchinson, Mohammed, Murray, ABSENT: None With 5 Yes votes,2 No Votes, 3 Abstention votes,0 absent votes. Mayor McClendon voted yes.The vote to renew the Roberta Jackson Lease Agreement PASSED. MINUTES:APPROVE OR CORRECT MINUTES OF FEBRUARY 15,2024 Councilor Catt made the motion,seconded by Councilor Murray,to dispense with the reading of the minutes and to approve them as submitted. Upon voice vote,voting was unanimous to approve. OLD BUSINESS: A RESOLUTION TO APPROVE THE PURCHASE AGREEMENTS BETWEEN THE CITY OF WEST MEMPHIS ARKANSAS,AND JAMES HARRIS,AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF WEST MEMPHIS City Attorney Stephenson read the resolution by title only. Mayor McClendon said that council had given him the authority to approve the purchase agreements. Councilor Catt said at the last meeting they approved the option for the mayor to purchase those properties prior to a specific date which he believes was April 30, 2024. He said that he believed that this resolution was left on the agenda in error. City Attorney Stephenson said this is actually an option agreement that will be handled under permission Request. Councilor Catt said just to clarify this resolution would be tabled indefinitely and they would bring up the issue regarding earnest money. City Atorney Stephenson that was correct since the resolution that was presented at the previous meeting had no dollar amount for the option itself and in order for it to be an enforceable contract there has to be what is called consideration,that consideration is that you are paying someone to have the option to purchase that property. Now he said the options agreement have a 5% per property of what the purchase price is in the portion for an option.That amount was determined by Mr. Bowman. Mr. Bowman said that once the contract and title search is completed and setting a closing date than they will give the remaining 95%to Mr. Harris. He said that Mr. Harris has provided him with a W-9,they have provided whim with applications for the West Memphis Housing Authoritccso that his tenants could find adequate housing. Councilor Catt asked for clarification if the amount of the earnest money would be $2,250 and comes out to$5,500 Mr. Bowman said it would be approximately$2,500. Councilor Bruce questioned the amount to purchase some of the properties because some of them he thought they were paying more than what they were worth. Mr. . Bowman said he went back and did some research. He said what the County has as the appraised value is$19,200,they will be paying$19,600.The only difference between that particular property and other properties in the area is they have it classified as a framed built house although when you look at it, it appears to be a manufactured house, but it is a framed built house. Framed built houses cost more than a manufactured house and last longer making that property more valuable than the others.There being no further discussion.Councilor Catt made the motion, seconded by Councilor Croom to table the resolution indefinitely. Upon voice vote,voting was unanimous to Table Indefinitely A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A HISTORIC PRESERVATION EASEMENT ON BEHALF OF THE CITY OF WEST MEMPHIS City Attorney Stephenson read the resolution by title only. Councilor Croom made the motion, seconded by Councilor Catt,to table the resolution. Upon voice vote,voting was unanimous to table. (Tabled until March 7, 2024) Councilor Catt said since the last presentation at the February 15, 2024, meeting where they tabled the resolution they missed the filing date for the grant application, and it is his opinion that they need to bring this building into play with the new police station that they have already been discussing and see how they are going to handle the financing and take care of it all at the same time. Councilor Catt made the motion, seconded by Councilor Croom to table indefinitely. Upon voice vote,voting was unanimous to Table Indefinitely. 0-1 AN ORDINANCE TO AMEND ORDINANCE 2564 ESTABLISHING WATER RATES FOR THE CITY OF WEST MEMPHIS,AND FOR OTHER PURPOSES City Attorney Stephenson read the ordinance by title only•for the FIRST time on February 15, 2024. Mayor McClendon read the ordinance by title only for the SECONED time. Councilor Bruce made the motion, seconded by Councilor Catt to suspend the rules, and place the ordinance oh it third and final reading. Upon voice vote,voting was unanimous. Mayor McClendon read the ordinance by title only for THIRD and FINAL time. Councilor Harris made the motion, seconded by Councilor Hutchinson to approve.There being no discussion: Upon voice vote,voting was unanimous to approve.The ordinance was adopted and assigned No.2664 0-2 AN ORDINANCE TO REPEL CERTAIN ORDINANCES OF THE CITY OF WEST MEMPHIS,ARKANSAS City Attorney Stephenson read the ordinance by title only for the FIRST time on February 15, 2024. Mayor McClendon read the ordinance by title only for the SECOND time.The ordinance will be placed back on the March 21,2024, agenda for its third and final reading. NEW BUSINESS. Councilor Mohammed made a motion, seconded by Councilor Croom to read R-1, 0-1,and 0-2, and 0-3 by title only. Upon voice vote,voting was unanimous. R-1 A RESOLUTION RECOGNIZING THE ORDER APPOINTING MAYOR MARCO MCCLENDON AS ITINRANT AMBASSADOR OF THE CITY OF GUEDIAWAYE, REPUBLIC OF SENEGAL City Attorney Stephenson read the resolution by title only. Councilor Mohammed made the motion, seconded by Councilor Harris to approve. Discussion Followed: Councilor Catt said that he would like it • • • added to.the.resolution and recognizes the appointment is an honor, and he knows what the mayor's intentions are, but he would like to request thatthe mayor inform council of any foreseen expenses prior to doing anything to get councils approval. Mayor McClendon said that he did•not have a problem with • that.There being no further discussion.'Upon voice vote,voting was unanimous.The resolution was • adopted and assigned No. 2297 • • 0-1 AN ORDINANCE DECLARING PROCUREMENT CONSULTING SERVICES•TO BE PROFESSIONAL SERVICES PURSUANT TO ARK: CODE ANN.SECTION 19-11-801, ET SEQ.,AND AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST MEMPHIS • • City Attorney Stephenson read the ordinance by title only for the FIRST time. Councilor Catt made the motion, seconded by Councilor Mohammed to suspend the rules, and place the ordinance on its second reading. Upon voice vote,voting was unanimous. City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Catt made the motion,seconded by Councilor Mohammed to further suspend the.rules,and place the•ordinance on its third reading.,Upon voice vote,voting was - unanimous. City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Mohammed made the motion,seconded by Councilor Wheeless to approve. Discussion followed. Mayor McClendon said that the professional procurement services would be beneficial to the city in helping them_in saving money in the procurement of materials for city projects,for example • getting the best price:in the purchase of turf for the New City Parks Projects that could save the city a substantial:amount of money..Mr:Fuller introduced Mark Jones a representative for Velocity explained . that the main:function'of a procurement company is to:acquire varioussupplies for the city.Their main duties:would be.to:locate key suppliers,:negotiate the company's purchasing agreements and make sure • their materials and products meet the companies specifications at a fair and:equitable price while saving the city money and avoiding.government over spending and help them to navigate through specific .procurement.challenges. By using their negotiating power,they can negotiate the best deal possible and • save the city substantiar money..He said that cities are not in the position to negotiate they either have to buy it off the buy board or bid it out.Arkansas 14=58-303 says that you can waive bidding, if it is not - practical or feasible and.it is not'pr-actical or feasible to spend more money than they need to.•He hired MarkJones consulting firm:who is able to come in and negotiate the best deal: Mr. Fuller said the way this:would be done is that they would,have to amend their ordinance and add'procurement consultant . . to their..list of professional services if they decided to use the services of the procurement company. • There being no further:discussion. Upon voice vote,-voting was unanimous to approve.The ordinance . was adopted and assigned No.2665. 0-2 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR AERIAL SPRAYING AND OTHER MOSQUITTO ,:.. CONTROL EFFORTS,AND FOR OTHER.PURPOSES • • . ' City Attorney Stephenson read the ordinance by title only for the FIRST time.Councilor Croom made the •motion,seconded by Councilor Bruce to suspend the rules, and place the ordinance on its second reading. Upon voice vote,voting was unanimous. City Attorney.Stephenson read the ordinance by title • only for the SECOND time. Councilor Catt made the motion,seconded by Councilor Harris to further suspend_the rules, and place the ordinance on its third reading. Upon voice vote,voting was unanimous. City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time.:Councilor. • • Croom made the motion,seconded by Councilor Harris to approve.There being no discussion. Upon . • voice vote,voting was unanimous to approve.The ordinance was adopted and assigned No. 2666. • 0-3 AN ORDINANCE TO AMEND ORDINANCE NO. 2662 IN REGARD TO THE.FEE CHARGED FOR A CERTIFICATE OF OCCUPANCY Councilor Croom made the motion, seconded by Councilor Wheeless to table Indefinitely. Upon voice vote,voting was unanimous to table indefinitely. PERMISSION REQUEST: PERMISSION FOR THE MAYOR TO EXECUTE AN OPTION TO PURCHASE AGREEMENT TABLED ON FEBRUARY 15,2024) • Councilor Catt•made the motion,seconded by Councilor Croom to,approve the option to purchase . • agreement at 5%.There being no discussion, Upon voice vote,voting was unanimous to approve. PERMISSION TO ADD FIRE DEPARTMENT AIR PACKS TO THE AGENDA Councilor Croom made the motion, seconded by Councilor Bruce to add the permission request for the Fire Department Airpack's to the agenda. Upon voice vote,voting was unanimous. Fire Chief Barry Ealy said that during a live fire training exercise one of the Airpack's malfunctioned.The Airpack's are outdated Chief Mabe said that the Airpack's are approaching 11 years old, and they have a lot of wear and tear they are the most important part of their Personal Protective Equipment(PPE)they are the respiratory protection for the firefighter while fighting fires and Hazardous Material scenes in confined spaces.They were planning to replace the equipment in the next budget year but there has been a rapid decline in the service ability of these Airpack's.Councilor Catt said this issue was brought up at the 2023 Fire Commission meeting and to his knowledge the funds are available. Councilor Catt said that Capital Outlay would fund it.The cost would be between 500,000 to$800,000 dollars. Mayor McClendon said that he was given some information regarding the matter and was told that the cans were good for 5 years and all they needed was the Airpack's. Chief Ealy said they were asked to get two bids and they have done that. Councilor Croom made the motion, seconded by Councilor Catt to approve. Upon voice vote,voting was unanimous to approve. COMMITTEE REPORTS: NONE BUDGET: Councilor Catt presented the budget report. Councilor Catt said that one of the items discussed was the long-term building aspects that need to be looked at over a period of 2 to 15 years. They talked about a new Police Department, Fire Department, Bollinger building and City Hall. He said they need to look at`putting a skeleton building at the North Industrial Park to get their fire rating down and the building out toward Hwy 147.They plan to meet with the Administration to discuss plans just in case there is something that they need to put on the ballet for the November election. FIRE COMMISSION: Councilor Croom presented the Fire Commission Report.The item discussed at the meeting was the need to purchase the Airpack's for the Fire Department. PUBLIC WORKS: The Public Works Report was presented by Councilor Charles Wheeless.The Public Works Committee met on March 3, 2024, at 12:00 p.m. in the City Council Chamber.The committee discussed leasing a New Grapple truck for 1 year.Fleet Report-Front End Loader 4 operational none down, Rear End Loader-2 operational, none down, one Arm Bandits, 3 operational none down, Grapple Trucks 4 operational none down.The Public works Department has a new sweeper coming in. Public Works Director Report- Recycle Collections was 7,700 pounds, Garbage/Trash collected. Tires 720 tires were collected,Carts-2 carts were sold, and 4 carts were replaced after the customers filed police reports. POLICE REPORT: Councilor Murray presented a summary of the Police Commission meeting. Councilor Murray said that the Police Department has been concentrating on people that are driving erratically to try and make the streets safer.They are also looking into hiring a grant writer.They are expecting to have the police radios in operation by April. ANNOUNCEMENTS: Mayor McClendon commended the West Memphis Police Department,West Memphis Fire Department, Advertising & Promotion Department, City Shop and Community Outreach Department,Arkansas State Troopers, Highway Patrol, Marion Schools,Crittenden County Sherrif Department and Crittenden EMS for once again stepping up and doing a wonderful job in the moment of crises. Earlier in the day a • Greyhound Bus was traveling through the city and the driver experienced a seizer leaving him incapacitated causing him to run into the dividing wall on the interstate.The Fire Department had to evacuate the driver and get him medical attention and evacuate the passengers and get them the assistance that they needed. Rich Road Bridge-Mayor-McClendon said everything for the Rich Road Bridge has been approved and he is awaiting word from Mr.Jim Barr that he has sent the Rich Road Bridge out for bid. Once everything is confirmed he will make sure that he informs the people of West Memphis. Economic Development-The mayor said in the next 30 days they have a lot of great things that the Economic Development Department is working on, and he will be making an announcement in the near future.Inclusion Park-On March 19, 2024, at 11:00 a:m.they will be breaking ground on the Inclusion Park.The mayor said he plans to schedule a meeting with several of his department heads to discuss some plans that he has, and he is going to need the council members to be part of the meeting because he will need their support and approval as well as their input to get some of the things done that he is envisioning for the city.They will be scheduling the date of the meeting in the near future, and he will inform council. • • • West Memphis Utilities • • Owens Substation Relay and Control House DOCUMENT 00 44 52 • RECOMMENDATION FOR EQUIPMENT CONTRACT AWARD \. We have evaluated the bids for the Owens Substation, Relay and Control House. After careful - consideration and evaluation,we have found that Modular Connections, LLC provided the low price proposal in the amount of$198,458.00 that,after clarification,meets all contract specifications and Addendum 1,and includes use-tax'as applicable. The lowest price proposal was made by.VFP;Inc,in the amount of$198,232.00; however;it did not include ship loose equipment necessary for the change of thel3 kV breakers from Capacitive trip to DC_ trip or use tax which, when added,would exceed the cost difference between the two proposals: - Additionally,VFP's initial proposal did not agree to liquidated damages and included Fuel escalation. . • Modular`Connections, LLC's proposal offers a delivery of 36 weeks after receipt of the order, which will- allowfor installation during the West Memphis Utilities reduced system load period during Fall 2024. We recommend that West Memphis Utilities accept the Modular Connections;LLC proposal price of $198,458.00. We recommend that West Memphis Utilities execute the attached Acceptance Form, then prepare a Purchase Order to Modular Connections, LLC at the address-below. - Jon Grayson - - Modular Connections, LLC • 1090 Industrial Boulevard Bessemer,AL 35022 please DO NOT send these documents to Modular Connections, LLC. Please scan,email,and forward the original Acceptance Form and Purchase Order to our office at the address below as soon as possible. Upon receipt,we will notify the successful bidder. Upon notification of award,the Bidder will submit the required certificates of insurance and contractor's bonds. Fisher&Arnold;Inc.will prepare bound copies • of the executed contract documents and issue them to both you and the Contractor. Please email and mail documents to: • J. Mark Roberts, P.E. - Fisher&-Arnold, Inc. 9180-Crestwyn Hills Drive - Memphis,TN 38125 ! • Email:mroberts@fisheramold.com • . i - We have enclosed copies of our bid tabulation, evaluation, and the recommended Modular Connections, LLC proposal. You should have received copies of all proposals prior to bid opening. We will retain the original documentation from the recommended bidder for contract preparation. Please contact us if you have any questions or'require any further information regarding this contract award recommendation. N Fisher&Arnold, Inc. „ . Engine By: RECEIVED J.Mark Ro efts, P.E. Z/P1 `4/Z ( p tCitY iCIS " /2// Date! END OF DOCUMENT Copyright 0 2024 Fisher&Arnold, Inc. . Recommendation for. (Rev 07/0812022) , Equipment Contract Award WSTMPHUT.0004EL - 00 44 52-1 k//7/,t . Councilor Mondy expressed his concerns with the leasing of the Roberta Jackson Center to the East Arkansas Area on Aging. Councilor Mondy said that the Roberta Jackson Center was meant to benefit the citizens in the community to hold family and community events and with East Arkansas Area of Aging taking up more than half of the building it gives the community limited access to the building and building facilities. Councilor Mondy said Roberta Jackson worked hard for her community and wanted the building to benefit the youth, and seniors in that live in that community. Councilor Bruce asked for the mayor and council to look into having sidewalks installed from 9th Street to 12th Street as well as from 25th Street all the way to Polk Street where there currently no sidewalks just ditches, also the roads from 19th Street down Jackson the streets are in poor condition. Mayor McClendon said Walk West Memphis is going to be fixing from 20th Street to 25th Street. Councilor Bruce said he would like the council to look into finding funding to do some street repairs in that area because it would really make a difference. Executive Session: Mayor McClendon asked for permission to pause the council meeting to go into Executive Session to discuss a matter that involves a city employee. Councilor Catt made the motion,seconded by Councilor Harris to go into Executive Session. Councilor Catt made the motion,seconded by Councilor Bruce to resume the Council Meeting. Mayor McClendon informed the public that they went into Executive Session to resolve a personnel matter and it has been resolved. CITIZENS REQUEST: NONE Having no further business to come before the City Council, Councilor Bruce made the motion,seconded Councilor Murray,to adjourn. Upon voice vote,the voting was unanimous.The meeting was adjourned at 2:20 p.m. PASSED and APPROVED this 21 day of March 2024. S4*(1:4 MARCO CLENDON, MAYOR ATTEST: eta PATRICIA JOPLIN, CITY CLEK Minutes prepared by, Patricia Lane,Sr. Deputy City Clerk 00 44 20 Bid Tabulation.wpd /j r C�+erttiVam (/',i� Me w�'�r_ . //�l Project Name Ciewpi_c scfh / t Contract Name A 7 a�,�{ (fi.,.(rd AvP. DOCUMENT 00 44 20 BID TABULATION Date:- /Okle 7n a Time: /.7 . 25/ By, A/I . GantasLP-erson,Enyirleer � r/77' Fisher&Arnold, Inc. ��^ /"� Witness:: • No. BIDDER , TOTAL BID PRICE COMMENTS I I irf s ' /` 6 taeo Pre/vi/) 2 . Mo k Is iGl LDS AieeKS, �i40 3 f foG I s a( y s 60—70 eel'4 J Is 116 PC„ Zo-r2 1,,,Peic> 44d I $ Notes: END OF DOCUMENT Co'pyr.ht© 2022 Fisher&Arnold, Inc.(Rev. 05/28/2010) Bid Tabulation 00 44 20 o. 4sr ,rtfOr. ooa't/. • • West Memphis Utilities Owens Substation • • • Relay and Control House DOCUMENT 00 44 52 • RECOMMENDATION FOR EQUIPMENT CONTRACT AWARD We have evaluated the bids for the Owens Substation, Relay and Control House. After careful consideration and evaluation,we have found that Modular Connections, LLC provided the low price proposal in,the amount of$198,458.00 that, after clarification, meets all contract specifications and Addendum 1,and includes use tax as applicable. The lowest price proposal was made byVFP, Inc, in the amount of$198,232.00; however,it did not include ship loose equipment necessary for the change of the13 kV breakers from Capacitive trip to DC trip or,use.tax which,when added, would exceed the cost difference between the two proposals. Additionally,VFP's initial proposal did not agree to liquidated damages and included Fuel escalation: • Modular Connections, LLC's proposal offers a delivery of 36 weeks after receipt of the order, which will • allow for installation during the West Memphis Utilities reduced system load period during Fall 2024. We recommend that West Memphis Utilities accept the Modular Connections, LLC proposal price of - $198,458.00. We recommend that West Memphis Utilities execute the attached Acceptance Form, then prepare a Purchase Order to Modular Connections, LLC at the address below. Jon Grayson , Modular Connections, LLC 1090 Industrial Boulevard ) : Bessemer,AL 35022 • • Please DO NOT send these documents to Modular Connections, LLC. Please scan, email, and forward the original Acceptance Form and Purchase Order to our office at the address below as soon as possible. • Upon receipt,we will notify the successful bidder. Upon notification of award, the Bidder will submit the required certificates of insurance and contractor's bonds. Fisher&Arnold, Inc.will prepare bound copies of the executed contract documents and issue them to both you and the Contractor. Please email and mail documents to: J. Mark Roberts, P.E. • Fisher&Arnold, Inc. • • • 9180 Crestwyn Hills Drive • Memphis,TN 38125 . Email:mrobertsCa?fisherarnold.com We-have enclosed copies of our bid tabulation, evaluation, and the recommended Modular Connections, LLC proposal. You should have received copies of all proposals prior to bid opening. We will retain the original documentation from the recommended bidder for contract preparation. Please contact us if you have any questions or require any further information regarding this contract award recommendation. • Fisher&Arnold. Inc. ,,. Engine • By: / J. Mark Roberts, RE. z_/ti ` L Date • • END OF.DOCUMENT • Copyright©2024 Fisher&Arnold, Inc: Recommendation for (Rev 07/08/2022) Equipment Contract Award WSTMPHUT.0004EL - 00 44 52- 1 C MakeMyMove West Memphis Proposal I 1 1 .1111,41111 , -,,,,7...,9- 147-4,;,'71,7,_:71„47.1,17,7c7i,-...i:77,77:17 T.F774171,4: :;.',.,-?i...1,,..,1•;"" ,IT r,ar, ,,,q.7-,,',,:t,,,1(..,`vimmliminir,,,' 2,,, .hly.4-,,.7,;,- ',4, ',, .144 34.,*.'')W4i.l:',.', :,)'r:',4'`A.I' • ''-','1',,,,,-,RT:17::,•'.:';',.j+,.'7-':"',',,V;C;'::...•';,,1 ..1-'...' . i . ..S'1".ti'fA:rr',2,-V..i';B"9 V,:',f,.'!:?).(0.1•''.,"""1.'' ' ., ,n. -., : , $...,,_.' .2,;:"i''''3. .i..,P.i.:7; OM- "t'-ki';:-...;;: ';:,„-.,'" 'f.:.'''':--,-“-.,_.',7, c ."1,'•N..'' - -X::.-.41,0te:--,- lb. • .i. ,,.. •,, • ,.•„4•4•• ,..0.,•••i,,--1,-. -.*v rt • - t.'P ,,. r• . 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' 1;1:lel 7 !'4,11141:1 ir3, ,,Li.r,,1/1,5-;,-%:'";:r.;040)1?7' il'-*•-=w , municipalities municties spend $70B :t6 grow ... ../..„1 :,..,.,.. ., , -,,,„..1...,. .,tiztr..s.t.,,,,L„..s. w..,....„,..,.,..„ ..,..,. 1.:., . . .,,,..,..7, '-IP„::‘,:,"•- , , . A l'' ••••' ..T..'1.. . -r• . . NI 14,',• .' '•1. r'Jr'. f' ' r.re1; • - 14...,..."1 ,,...v. ,, •:.r _(,,,..):,,,Ii`-;1-.'„V,9.:: l',,i'1 4 ' ;,0. their economies, but- most of these - 1.-:,.:. ......t.,..-.. ....,. . 1," ,,--,.......„i. .,. ct, . . 4,..v. ,,.-!..,.. .,.. . .. ...; ,,,:'" 4 c•-•'' .."1.1'14, ' 1).-/t`$ i" .., • ' f,,,,,, • ..i -, , • :, 4,-• ,,, , ,„1. :.,s . ,— •,, zi I-. *, i lo 1 • . .. . '.. 1' • * . , dollars are focused on at;rac- ting , i.:.4 .•, . ' . more jobs„ not t peop.le.i .. -. . . '•41.-.il,,,}.;F','‘,.(1 :.',. .. •4•4 4 . .,41,-;•-m•`411,.." 1 •ow. t . - . .,!„c'....tro• _,...,10..., • " ''' ":•.',1.„'• , , . '„ r-,,i 43, .,,/,'rer'' .•- :•,,,,t - — ' -,.: 'tVil•fi. 44r: ' •-` e• '. -le' r' . " • "• • „..,......Ts.,111.7. ,„: A, '6 ,.; • ••1;-,..- ,-.',,,, •• . , •• .-":„' -,4::_,;lc '..IJ tit'?v g a rp •, f, c:,,, ,' , ,.:f.,, ,. .'-' ..,. = ji..,4__,. . .1, i.e.f, •4' 1:.,11 ti Sbutc&-,US. :_Chatriiprof Comirrerce2- August'202:3: :;4,17:'..t1 ''1111't ". N.4.01t1.5,. . , • .. .Sou r' ti'e.' S. Centa§.Population*E.§tiniates,--Deceinber 2021 fk, ,i, .,.,,,,,i,x,,,,,,,w:. „.....,- , 4, -,.- 11 , 14-it f Vli' ':;11'11/ilf*1 . f-c• ' t-s. ',,...:-.-A , 4 .,!,1,, . , ,•tl', i -,.?„!i-,,, .ti;', .1r, I 1r ..:- ' I 1 `P!...:2-.....-.. "---,:•,-Zi,tt'-1-1-1J' Z'aLeIlf,'j .' --. .`",,,'... ._4'liliikti .,'...,,....., - .: _ • z,•,-• - .0 :."..S...1.4...7.- :...,..__7. ij• • l' 1 .''' •- .,', •-•,,, ,-.7.,7r,1..,-"...----3.7.----' f.,-....... y 'or Xfa v{L c fK S...k,t y n 1"1. ' ,A ,4 : .r , , , .Background le I 3 rr � ` I �`" �G���q « a jL r t , .. r. r. K .TM+ Yr. y z< ye number of full-fime y .,,,, 1 • _.„,,,.... ,,... ... ............._....._ . jj a L' � _ :�; l ' t r: 1u -,,. `4;:: - �1 rat VTM7remote workers in the U.S. _ � { rr ►c' ' . w �;i.m. ama ,` L....:..." ms"'.R... . � �•• e=• • inalone went rom ml n , ,:, ^,,, • • r , { � , _ * ti i I. .JL . a�° rrt 'w"d c _ ._2O20 tomore than Y today. (:;c,urr.e:WFH Research) . , . .,.i.. . _ , yam-..,L' ..A &j • f;, r , r `'';Cy6•7r"r mi;zf" f • IN 3t't �hY.eM f ��� 1 a i'' I y .i '' ' t i y s This represents huge opportunity for , ;; SF . vr �� i1:. • .• to, `a l (G,�I� r• S:J•,,,' (, I �j • . `^t � ' '•• :y}`«.i.;4•" ; communities to . ecruit move-ready talent and � ' �` ' « � '� 't it 1 • I benefit from the financial im act they bring. ti �. . ` j, a '� _`a .. ,, I s.. 'A .'« '1 , +ail• •"5q , ' , + '/?`, '' • .�..!'•�r,. y 114 1 11-� . - t�M P J Y. ! t, ., Yt 1 - �} �t ,pt v y: �� Y y �j tM 1_ , �s'q,'..�r1,+r.a.� �' u. .y. �'j'!(]t;h`.lfilf�aC� `Y�Aeir What Is MakeMyMove? MakeMyMove is an online marketplace that connects move-ready talent with West • Memphis. Our platform enables you to recruit the talent you want. • © tell West Memphis' unique stories o engage an audience of move-ready talent ® enab0e relocation of new households MokeMyMove Do what you love, ,;: from aplace that you Move-Ready Workers CommU nitres love ` :I Enable and De-Risk Moves Recruit New t } Households 1 r"A l; 1 • ;r Sut,000� � . r -.- . I . • •LAr;yotto.A60und'' Apply How r', l- 1 + ,r � ' " I' �I.v i' \ l� • 'Lak 'owe I � js1�' ONIEND MakeMyMove- Products and Services * roducits • Community and Offer pages on MakeMyMove.com highlighting West Memphis' people and places • Promotion arid preferred placement on MakeMyMove.com • Regular email,promotion to MakeM.yMove registrants • Access to th0 common application for MakeMyMave visitors • Unlimited acdess to, Mover Studio and applicant management tools on MakeMylVtove.com • Account support and expertise from "MakeMyMove staff 0 MM eMyMove- Products Ond"Services- 0. a m .• •'' • Program development o. Incentive design to attract and retain new residents. o Activate. local ,ch.ampions, realtors and content contributors. ® Program marketing o , Development of marketing assets including community pages and video. o A sustained outbound .digital marketing campaign. • Fulfillment o We build land help you manage a process to. qualify and convert applicants into new residents. • Platform Subscription o Tools to help you manage a pipeline of recruits, and proprietary playboo.ks guide your path. • R08 Calculation: o Quantify the value of each relocated remo worker for West Memphis SI l il • aralffiMli 411•1111MMID D i • • Projected Economic Impact ?•:*-310:1T,"-: 4,-re-;:!-Trinr':";:' 0:1-.a.<4.!ti.4,*.' :./.7:-r.ilt:'7::,,t ,.--,%!,.•'. :, ..•,:•elP,',1:41',;':1g,71;,,,25"-,111:... ,.,'r.1"1*--!- k•,-.- —'t .. ..' ;41;)?)..pii,..,, - . •• ' , ty.-t...,4- ., . .47,i,...!' . • :ft) '-i, 14V4t.:;-;',1 • • . — - . • . , ;, 1 0 00. ,, ,,si,,,,..,•,:: ,.::::••••• ,..'•-,-l 4,1,:';'''':cr 49% „ ., . ' 4 — •• .,,,,.•;.;,14,:....1111:•:',..1—. .., ,: ,: ,1,: '• ..„1,1.-., : •i:•1-. .- .1. Average Household lbcome Bring a Spouse i._,,,,,,„,. ,,,,,......„1„,,... , ...„,......,,,:,„ I:, . . , , --.. . . ,• k, • 7. ! -..,,e,,,,,74...-.,• ..-•:,..-I, ....,. N.1... . ,,. ,. .. ., , -_.:J. 't '7,1'7' '-1 —,..;' !,41N"rt.'. '.,-.- '..: ;'1111: , ' • ' ..,w,',.. • •-:'‘rt-:1. ••-•1 _ , ... -• -r,- , • . , . ,. ' c :,-, . : :.•1 ' ? .J (1.4',,.‘• . 1:.''''','''•:!. , . 1 ' ,',''''- 'i' i •,ri . . .,„. .., % ,:,:gailin-- ,- :• i 1 - ' , e,, . -, - . .„• , • ..,,, •.f,r f..-'I.' f, • . 1• 4‘.•••. '•,-.,.- --.,t.'' ' . '• -, ''''''. .• i'' • • " ' • 0. ' • f '''A — k q . .. .,. .-... ., . _ ....._, , . . , .44 ': '40 ik, ,1, • . ' -.A. - -0 , i :;', iin , ,, • - " . Average Projected Annual „ ..,•,,, „. _, 1,,vyt,„.' ., . -.,1,re•'. ef,' .V.':!- . I Average Househol . Size Economic Impact of Each • ,. ...- __.....„ , . IA-1(.0,4-7,,,, i New Household • •., it.- -;‘, : : . . .,--. '-,,,- - •-, 4-0000...‘. • . .., ,,...- ,..,•,- -I, ....,, .. zt,,ii..., ,. • ,,,,-,.,,y,44.:-,... , • . f 'i, • • . . • • Ems Inwes:tment VS . Impact- ROI A 5 mover campaign would. produce the following results : • - 7 , ,64 , 363 Total New Annual. Economic West Memphis, AR Dollars Output Generated in year one Invested $21.8,74 $31 , 548 Total'New Annual' 'Total New Annual State Consumer Spending and Local Tax Revenue Based on an economic model developed by the Indiana University Public Policy Institute for MakeMyMove 1 WEST MEMPHIS UTILITY COMMISSION 604 East Cooper Phone: 870-735-3355 West Memphis, AR 72301 Thursday, December 21, 2023 Why do we need to raise water raters? 1. We are under a Consent Order Agreement (COA) with the Arkansas Department of Environmental Quality to eliminate sewer manhole overflows and sewage treatment by- passes. 2. We agreed under the COA to a number of activities to meet the ADEQ's requirements and issued a $30 million bond to pay for the work. 3. The water rates were increased in 2021 to cover the bond payments. 4. One of the projects we agreed to do under the COA is to upgrade the Sewer Treatment Plant to increase its capacity. 5. The estimated cost in 2020 was $25 million. 6. The job was put out for bid earlier this year and the low bid was $42 million. Post COVID price escalations and the 18 months it took to get AEDQ approval are reasons the cost was so high. 7. We need to issue a second bond to cover the increased cost of the project. 8. The new bond will be for $15 million and will result in $1 million a year in bond payments to the water and wastewater operating costs. 9. The cost of operation has also increased and the water and wastewater departments' expenses exceed revenue by about $700,000 a year. 10.The proposed water rate increase would provide the necessary funds to cover the $1.7 million shortfall the water and wastewater operations will have next year. 11.Once the first bond is paid off, the possibility exists to lower the rates. The earliest we can pay the bond off is in 2029. The Water Rate Increase Proposal Year 1 The Monthly Water Usage rate increases from $0.095 per hundred gallons to $0.969 per hundred gallons for the first 6,700 gallons and $0.1187 per hundred gallons for usage over 6,700 gallons. The Meter Fee increases from $6.12 to $13.00. The average West Memphis resident uses 6,691 gallons of water a month. Their bill would go from $12.48 to $19.46, an increase of about $7.00. These changes would generate an additional $1.7 million Year 2 and thereafter The Water Usage rate and the meter fee would increase 2%. WEST MEMPHIS UTILITY COMMISSION 604 East Cooper -, • Phone: 870-735-3355 West Memphis, AR 72301 WEST MEMPHIS UTILITIES PROPOSED WATER RATE INCREASES Residential Ave.Monthly Water Sales 54,173,417 gallons per hundred gallons per hundred gallons Ave.Number of Residenial Connects .8 096 t.00969 first 6,700gallons $0.0988 first 6,700gallons Ave Monthly Resident Sales :6;691 gallons $0.1164 over 6,700gallons $0.1187 over 6,700 gallons Current Proposed Year 1 Proposed Year 2 and Beyond Flat water rate of$0.0969 Increase Flat Water'Rate 2% Increase Meter Fee$6.88 Increase Meter Fee 2% Average Residential Monthly Bill Meter fee $612 $13.00 meter charge $13.26 Increase Meter Fee 6,691 gallons at$0.095 phg $6.36 $6.46 6,691 gallons at$0.0969 $6.61 6,691 gallons at$0.0988' per hundred gallons per hundred gallons $12.48 I $19.461 I $19.87 Estimated Average Monthly Revenue From Water Sales $101,0141 I $157,5711 $160,8991 Estimated Annual Revenue From Water Sales $1,212,1561 I $1,890,856 $1,930,786 Less 5%Payment to City $60,608 $94,543 $96,539 Projected Residential Water Revenue After5%Payment to the City $1;151,557 I $1,796,313 .I $1,834,246 Annual Increase from $644,756 $682,689 Current Year Projected Commercial Water Revenue After s%Payment to the City $722,246 $813,739 $830,016 (See Commercial Worksheet) Projected Total Water Revenue After 5%Payment to the City $1,873,803 $2,610,052 I $2,664,263 Annual Water Increase from Current Year $736,249 $790,459 Project Annual Sewer Revenue $2,473,420 $3,445,268 $3,516,827 (132%of Annual Water) Projected Total Annual Revenue $4,347,224 I $6,055,320 $6,181,0891 • Projected Annual Revenue Increase from Current Year $1,708,0971• $1,833,866 WEST MEMPHIS UTILITY COMMISSION 604 East Cooper Phone: 870-735-3355 West Memphis, AR 72301 WEST MEMPHIS UTILITIES PROPOSED WATER AND SEWER RATE INCREASES Commercial Ave.Monthly Water Sales 57,472,222 gallons i Ave.Number of Commercial Connects " _ 1';0 6 ~ $O Q969 per hundred gallons $0.0988 per hundred gallons Ave Monthly Commercial Sales 5k9:45 gallons Current Proposed Year 1 Proposed Year 2 and Beyond Flat water rate of$0.0969 Increase Flat Water Rate 2% Raise Meter Fee$6.61 Increase Meter Fee 2%: Average Commercial Monthly Bill Meter Fee;__ .$8 39 $15.00 meter charge $15.30 Increase Meter fee 54,925 gallons at$0.095 phg $52.18 $53.24 54,945 gallons at$0.077 $54.31 54,945 gallons at$0.081 per hundred gallons per hundred gallons $60.57 $68.241 $7.67 increase $69.611 Average Monthly Income From Water Sales $63,3551 I $71,3811 I $72,808 Estimated Annual Income From Water Sales $760,2591 I $856,567I $873,7011 Less 5%Payment to City $38,013 $42,828 $43,685 3mmercial Water Revenue After 5%Payment to the City $722,2461 I $813,7391 I $830,0161 Annual Water Increase from Current Year I $91,4931 I $1.07,7701 Estimated Annual Sewer Income $953,365 $1,074,135 $1,095,621 (132%of Annual Water) Annual Wastewater Increase I $120,7701 I $142,2571 from Current Year Total Water/Sewer Increase over Current Year 1 $212,2631 I $250,0271 • 2024 Municipal Properties Grass Spraying— Kenneth Johnson 2024 Baseball Fields & Parks Grass Spraying— Kenneth Johnson 2024 Ground Maintenance for City Hall & Civic Complex— Kenneth Johnson 2024 West Memphis Municipal Airport Grass Mewing— Kenneth Johnson • 2024 Gateway Mowing & Landscape Maintenance — Kenneth Johnson;?_, • 2024 West Memphis Utilities Grass Mowing— Kenneth Johnson 2024 Main Street Grass Mowing & Landscape Maintenance — Kenneth Johnson • Robert Jackson Neighborhood Center— Lease Agi•eement 2024 Vector Disease Control, Inc. • • • • • • • • RECEIVED ,„ • • Da me 06411rtki,.. /0,01 .Pv Ca) "OW Mr) • �,oFwEsr"'F,,. CITY OF . : WEST MEMPHIS • . . • ARKANSAS PURCHASING DEPARTMENT KENNETH JOHNSON, PURCHASING DIRECTOR 205 SOUTH REDDING •P.O. BOX 1728 •WEST MEMPHIS, ARKANSAS 72303 • 870-732-7584 • BID NOTICE The City of West Memphis, 205 South Redding, West Memphis, AR. 72301 will accept sealed bids on Tuesday, March 5, 2024 until 12:00 p.m. for Municipal Properties Grass'Spraying and Ball Field Grass Spraying. All bidder requirements must be met as outlined in bid specification packet. Please direct all inquiries and request for Bid Packets to Purchasing Director, Kenneth Johnson, 205 South Redding West Memphis,Arkansas 72301, by phone 870.732.7584. or by email at kjohnson@westmemphisar.gov Sealed bids shall be mailed or delivered to the Purchasing Director, Kenneth Johnson, 205 South Redding West Memphis, AR 72301. Please mark on your bid Packet envelope in large letters 2024 MUNICIPAL PROPERTIES GRASS SPRAYING & 2024 BALL FIELD & PARKS GRASS SPRAYING. Bids will be opened on Tuesday, March 5, 2024 at 12:00 P.M. at the City Hall, 205 South Redding, West Memphis, AR 72301 By order of: --*A(e<ed Mayor: Marco c Tendon Please publish on: February 21, 2024 February 28,2024 `�o**E"44' si .� MEMPHIS • ARKANSAS PURCHASING DEPARTMENT KENNETH JOHNSON, PURCHASING DIRECTOR 205 SOUTH REDDING .P.O.. BOX 1728 •WEST MEMPHIS, ARKANSAS 72303 • 870-732-7584 BID NOTICE • The City of West Memphis, 205 South Redding, West Memphis, AR. 72301 will accept sealed bids on Tuesday, March 5, 2024 until 12:00 p.m. for Ground Maintenance at City Hall and the Civic Complex. All bidder requirements must be met as outlined in bid specification packet. Please direct all inquiries and request for Bid Packets to Purchasing Director, Kenneth Johnson, 205 South Redding West Memphis, Arkansas 72301, by phone 870.732.7584. or email at kjohnson@westmemphisar.gov • Sealed bids shall be mailed or delivered to the Purchasing Director, Kenneth Johnson, 205 South Redding West Memphis, AR 72301. Please mark on your bid Packet envelope in large letters 2024 GROUND MAINTENANCE AT CITY HALL AND THE CIVIC COMPLEX. Bids will be opened on Tuesday, March 5, 2024 at 12:00 P.M. at the City Hall, 205 South Redding, West Memphis, AR 72301 • By order of: May r: Marco McClendon . Please publish on: February 21, 2024 February 28, 2024• . l • • EST CITY OF • WEST • .. .s MEMPHIS . . , • ARKANSAS • PURCHASING DEPARTMENT KENNETH JOHNSON, PURCHASING DIRECTOR 205 SOUTH REDDING •P.O. BOX 1728 •WEST MEMPHIS, ARKANSAS 72303 . 870-732-7584 S , BID NOTICE • The City of West Memphis, 205 South Redding, West Memphis,AR. 72301 will • accept sealed bids on Tuesday, March 5, 2024 until 12:00 p.m. for West Memphis Municipal Airport Grass Mowing. All bidder requirements must be met as outlined in bid specification packet. • Please direct all inquiries and request for Bid Packets to.Purchasing Director, Kenneth Johnson, 205 South Redding West Memphis,Arkansas 72301, by phone 870.732.7584. or by email at kjohnson@a,westmemphisar.gov Sealed bids shall be mailed or delivered to the Purchasing Director, Kenneth Johnson, 205 South Redding West Memphis, AR 72301'. Please mark on your bid Packet envelope in large letters 2024 WEST MEMPHIS MUNICIPAL AIRPORT GRASS MOWING. Bids will•be opened on Tuesday, March 5, 2024 at 12:00 P.M. _ at the City Hall, 205 South Redding, West Memphis,AR 72301 By order of: VeZeio �� M Marco 1VIc or: Glendon Please publish on: February 21, 2024 February 28, 2024 • • l • `�oFwesrFA. CITY OF f . : : WEST •• . s MEMPHIS ARKANSAS • PURCHASING DEPARTMENT KENNETH JOHNSON, PURCHASING DIRECTOR 205 SOUTH REDDING •P.O. BOX 1728 *WEST MEMPHIS, ARKANSAS 72303 • 870-732-7584 BID NOTICE The City of West Memphis, 205 South Redding, West Memphis, AR. 72301 will" accept sealed bids on Tuesday, March 5, 2024 until 12:00 p.m. for Gateway Grass Mowing and Landscape Maintenance. All bidder requirements must be met as outlined in bid specification.packet. Please direct all inquiries and request for Bid Packets to Purchasing Director, Kenneth Johnson, 205 South Redding West Memphis, Arkansas 72301 or by phone 870.732.7584. Sealed bids shall be mailed or delivered to the Purchasing Director, Kenneth Johnson, 205 South Redding West Memphis, AR 72301. Please mark on your bid Packet envelope in large letters 2024 GATEWAY MOWING AND LANDSCAPE MAINTENANCE. Bids will be opened on Tuesday, March 5, 2024 at 12:00 P.M. at the City Hall, 205 South Redding, West Memphis, AR 72301 By order of: FGk) Cl..` �c` _ May : Marco M6Clendon • Please publish on: February 21, 2024 February 28, 2024 CITY OF �fWEST • * : . s MEMPHIS ARKANSAS PURCHASING DEPARTMENT KENNETH JOHNSON, PURCHASING DIRECTOR 205 SOUTH REDDING •P.O. BOX 1728 *WEST MEMPHIS, ARKANSAS 72303 • 870-732-7584 • BID NOTICE The City of West Memphis, 205 South Redding, West Memphis,AR. 72301 will • accept sealed bids on Tuesday, March 5, 2024 until 12:00 p.m. for Grass Mowing at West Memphis Utilities. All bidder requirements must be met as outlined in bid specification packet. Please direct all inquiries and request for Bid Packets to Purchasing Director, Kenneth Johnson, 205 South Redding West Memphis,Arkansas 72301 or by phone 870.732.7584. Sealed bids shall be mailed or delivered to the Purchasing Director, Kenneth Johnson, 205 South Redding West Memphis, AR 72301. Please mark on your bid Packet envelope in large letters 2024 GRASS MOWING AT THE WEST MEMPHIS UTILITIES. Bids will be opened on Tuesday, March 5, 2024 at 12:00 P.M. at the City Hall, 205 South Redding, West Memphis, AR 72301 By order of: "4cre€4.44) Mayor: Marco cClendon • Please publish on: February 21, 2024 February 28, 2024 ��oWEST44,0 Wisi •e •-• .f MEMPHIS , . • ARKANSAS PURCHASING DEPARTMENT KENNETH JOHNSON, PURCHASING DIRECTOR 205 SOUTH REDDING •P.O. BOX 1728 •WEST MEMPHIS, ARKANSAS 72303 • 870-732-7584 • BID NOTICE The City of West Memphis, 205 South Redding, West Memphis, AR. 72301 will accept sealed bids on Tuesday, March 5, 2024 until 12:00 p.m. for Grass Mowing and Landscape Maintenance for Main Street. All bidder requirements must be met as outlined in bid specification packet. Please direct all inquiries and request for Bid Packets to Purchasing Director, Kenneth Johnson, 205 South Redding West Memphis, Arkansas 72301 or by phone 870.732.7584. Sealed bids shall be mailed or delivered to the Purchasing Director, Kenneth Johnson, 205 South Redding West Memphis, AR 72301. Please mark on your bid Packet envelope in large letters 2024 GRASS MOWING AND LANDSCAPE MAINTENANCE FOR MAIN STREET. Bids will be opened on Tuesday, March 5, 2024 at 12:00 P.M. at the City Hall, 205 South Redding, West Memphis, AR 72301 By order of: fe......c.) iec cx,/____ Mayor: Marco McClendon Please publish on: February 21, 2024 February 28,2024 • • LEASE AGREEMENT • This lease made and entered into on , 2024, by and between the City of West Memphis,Arkansas, hereinafter referred to as Landlord, and East Arkansas Area Agency on Aging;Inc., hereinafter referred to as Tenant, based on the mutual promises, undertakings, covenants and conditions herein expressed: WITNES SETH: 1. Premises. The Landlord, for and in consideration of the covenants, conditions, agreements and stipulations of the Tenant, hereinafter expressed, does hereby demise and lease unto the Tenant the following described premises situated in West Memphis, County of Crittenden, State of Arkansas, and more particularly described as follows, with all tenements and appurtenances thereunto belonging or in any way appertaining, said premises being hereinafter referred to as "demised premises": The property and one-half of the building located at 1300 Polk, West Memphis, Arkansas. Tenant and its employees may have access to the additional half of the building every week from 6:00 a.m. to 2:00 p.m. Tuesday through Thursday, unless it is an election year and the additional half is used for a polling site. 2. Term. To have and to hold the same for the full term of four(4) years, to commence on the date hereof and end on March 31, 2028, subject to earlier termination under Section 24. 3. Purpose. The demised premises shall be used by Tenant to provide senior center services. 4. Rent. During the term of this lease, Tenant shall pay to Landlord at the address in Section 22 as rental the sum of One Thousand One Hundred and no/100 Dollars ($1,100.00) per month. The first such rent payment is due April 13, 2024, with subsequent rent payments due on the first day of each month thereafter. 5. Taxes. Landlord hereby agrees to pay all real estate taxes and assessments of every nature, kind and description levied and assessed against the property as the same becomes due from time to time during the term hereof. 6. Insurance. The Landlord shall maintain and pay for such fire and property coverage insurance on the leased premises, including any improvements thereon, as the Landlord deems to be necessary for its own protection. Tenant shall insure its personal property within the. -1- leased premises for its protection and will not participate in any insurance carried by the Landlord. 7. Improvements. Upon written notice to Tenant, Landlord hereby reserves the right at any time to make alterations, additions, or improvements to the leased premises. • 8. Repairs and Maintenance. (a) The Tenant shall, during the term of this lease, at its sole expense, keep the interior of the leased premises, other than as described in item (b) below, in as good order and repair as it is at the date of commencement of the lease, reasonable wear and tear and damage by accidental fire or other casualty not within the control of Tenant excepted. (b) The Landlord, during the term of this lease, shall keep the structural supports, exterior walls, carpeting, heating and air conditioning systems, roof and parking lot and exterior walkways of the leased premises in good order and repair, specifically including, but not limited to,the following known needed repairs: none. Landlord shall keep in good repair all other parts of the building not included in the leased premises, so as to prevent any disruption of services provided by Tenant. Landlord shall also be responsible for all lawn care. 9. Alterations. (a) The Tenant shall not make any alterations, additions or improvements to the demised premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, and all alterations, additions or improvements made by either of the parties hereto upon the demised premises, except movable equipment and trade fixtures put in at the expense of the Tenant and as otherwise provided herein, shall be the property of the Landlord, and shall remain upon and be surrendered with the demised premises without molestation or injury. Tenant may remove its equipment or trade fixtures, provided any damage done to the demised premises in the removal of any such equipment or trade fixtures is promptly repaired by Tenant, and if not repaired by Tenant in a reasonable time and manner, Landlord may repair same and Tenant shall pay the cost thereof (b) Before Tenant occupies or moves any equipment or trade fixtures onto the leased • premises, Landlord shall provide Tenant with a written list of all movable equipment or other items within the premises that Landlord owns, and Tenant shall sign the list acknowledging receipt of same. During the term of this lease, if Landlord places any other equipment or items within the premises, Landlord shall promptly make a written supplement to the list and obtain Tenant's signature on same. The parties hereby agree that any equipment or item within the premises that is not included on the initial written list or a supplement thereto, signed by Tenant, shall be the property of Tenant at the expiration or termination of the lease. If Landlord fails to provide Tenant with a written list by the time Tenant occupies the premises, Landlord agrees that it forfeits the right to claim ownership of any equipment or items within the premises. 10. Liens. Tenant agrees to pay promptly for any work or materials provided by laborers or materialmen in or about the leased premises, and Tenant shall not permit or suffer any lien to attach to the leased premises and shall promptly cause any such lien, or any claim therefor, to be released; provided, however, that in the event Tenant contests any such lien, Tenant agrees to indemnify Landlord and, if requested, to deposit with Landlord cash or a surety -2- bond in form and company satisfactory to Landlord in an amount equal to twice the amount of such contested claim. 11. Law, Ordinances, Etc. (a) Landlord and Tenant agree to comply promptly with all laws, ordinances, orders and regulations affecting the leased premises and the cleanliness, safety, operation or use thereof and furthermore agree to comply with the regulations or requirements of any insurance underwriter, inspection bureau or similar agency with respect to the leased premises. (b) Tenant agrees not to: (1)permit any unlawful or immoral practice to be carried on or committed on the premises; (2)make any use of or allow the premises to be used for any purpose other than that permitted under Section 3 that might invalidate or increase the rate of insurance thereof; (3)keep or use or permit to be kept or used on said premises any inflammable fluids (other than those normally kept,used or sold by Tenant) or explosives, without the written permission of the Landlord first obtained; (4)use the premises for any purpose whatsoever which might create a nuisance or injure the premises; (5) deface or injure the building or premises; (6) commit or suffer any waste; or(7) install any electrical equipment that overloads the lines. (c) In connection with the installation of any electrical equipment, Tenant shall, at Tenant's own expense, make from time to time whatever changes are necessary to comply with the requirements of the insurance inspectors,underwriters and governmental authorities. 12. Utilities. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to supply water, electricity and gas used in the leased premises. (a) Because there is only one utility meter to the building and Tenant is leasing only one portion of the building, the parties agree there,is no practical way to measure Tenant's exact utility usage. Accordingly, except as otherwise set forth in subsection (b) of this paragraph, during the term of this lease, Tenant shall pay 80% of the bill for utility services to the building. Landlord must provide Tenant with an invoice on a monthly basis reflecting the total amount of the utility bill and Tenant's portion of the bill. The invoice must also include a copy of the actual utility bill associated with the building for that particular month. (b) If, at any time during the term of this lease, Landlord leases any part of the remaining portion of the building to some other person or entity, the parties agree that, from the first day of the other person or entity's lease term, the percentage of Tenant's responsibility for utility expense will be determined by dividing the square footage leased to Tenant under this Lease by the total square footage of the building. All other provisions of subsection (a) above will continue to apply. 13. Damages to Premises. If the demised premises are destroyed by fire or other casualty to the extent that all of the demised premises are partially destroyed and the cost of restoring the demised premises to its condition immediately prior to such damage shall equal or exceed fifty percent(50%) of its value immediately prior to such damage, as determined by estimates of damage compiled by Landlord's insurance carrier, the Landlord may, at its election, (a)proceed with due diligence to repair or restore the same to the same condition as existed -3- • before such damage or destruction, or(b) cancel the lease as of the date of such damage or destruction by written notice not less than thirty(30) days after such damage or destruction. Should the Landlord elect to repair or restore, all rent shall abate until the demised premises are repaired or restored and possession has been redelivered to the Tenant. Should the Landlord elect to cancel, then the rent shall be adjusted as of the date on which the damage occurs. If the demised premises are partially destroyed or injured, whereby the tenant shall be deprived of only a portion of said premises, and the cost of repairing such damage shall be less than fifty percent(50%) of the value of the premises immediately prior to such damage, as determined by estimates of damage compiled by Landlord's insurance carrier, the Landlord will proceed with due diligence to repair the same to the same condition as existed before such damage or injury and a proportionate allowance shall be made from the rent during the period required for such repairs, in the proportion which the number of square feet of which Tenant is deprived by such damage and the making of such repairs bears to the total square feet in the demised premises. 14. Assignment and Subletting. Tenant shall have the right to sublet all or any part of the leased premises to one or more service contractors. Tenant shall not otherwise sublet the premises in whole or in part and shall not otherwise sell, assign, mortgage,pledge, or in any manner transfer this lease, or any interest herein, without in each case having obtained Landlord's written consent,which consent shall not be unreasonably withheld; nor otherwise permit any transfer of Tenant's interest created hereby, except as herein provided, nor allow any lien upon Tenant's interest by operation of law. 15. Access to Premises. Tenant agrees that Landlord, its agents, employees or servants, or any person authorized by Landlord, may enter the premises during Tenant's hours of operation for the purpose of: (a) inspecting the condition of same; (b)making such repairs, additions or improvements thereto, or to the building of which they are a part, as Landlord may elect to make; and (c) exhibiting the same to prospective purchasers of the building in which the • premises are contained. Tenant agrees that neither Tenant nor any person within Tenant's control will interfere with such entries. 16. Waiver of Claims. Landlord shall not be liable to Tenant, or to Tenant's • employees,patients,visitors, or to any other persons, for damage to persons or property caused by any act, omission, or neglect of Tenant, and Tenant agrees to hold Landlord harmless from all claims for any such damage, regardless of where it may occur. 17. Default of Tenant. If the Tenant defaults in the performance of any of the covenants, terms, conditions or provisions of this lease, including nonpayment of rent, and after written notice from the Landlord, Tenant fails to cure such default within thirty(30) days after receipt of such notice (or fails to cure with due diligence if the default is of such nature as to require more than 30 days), then the Landlord may, at its option (but shall not be required to do so),perform the same for the account of the Tenant and any amount paid or expenses incurred by the Landlord in the performance thereof shall be deemed additional rent and payable when the next installment of rent shall become due. Additionally, if the Tenant defaults in performance of this lease, or if Tenant shall make an assignment for the benefit of creditors, or if the interest of -4 • - the Tenant in the demised premises shall be sold under execution or other process of law, or if the Tenant shall be adjudged a bankrupt, or if a receiver or trustee shall be appointed for the Tenant by any Court, and, after written notice from the Landlord, Tenant fails to cure such default of condition within 30 days after receipt of such notice (or fails to cure with due diligence if the default is of such nature as to require more than 30 days), then the Landlord may lawfully re-enter the demised premises without any demand for possession therefor, and recover possession of the demised premises and the improvements thereof, expel the Tenant and those holding under the Tenant and no allowance shall be paid to the Tenants. Such re-entry shall not constitute trespass and shall not prejudice any other remedies which might otherwise be provided by law for breach of covenant, and upon entry, the rights of the Tenant under this lease shall terminate and the Tenant agrees that in the event of such termination, Tenant will indemnify the Landlord against all unavoidable loss of rent and expense of reletting, which the Landlord may incur by reason of such termination for the remainder of the unexpired term of this lease. 18. Covenant of Quiet Enjoyment. The Tenant,upon payment of the rent herein provided and upon performance of all the terms of this lease, shall at all times during the term of the lease, and during any extended or renewal term hereof,peaceably and quietly enjoy the leased premises without any disturbance from the Landlord or from any other person, firm or corporation claiming through the Landlord. 19. Default by Landlord. In the event Landlord shall fail or neglect to make any repairs which, under the terms of this lease, Landlord is required to make, and of which notice has been given (except in case of emergency) to Landlord by Tenant, or having started such repairs shall fail to complete them within thirty(30) days after receipt of such notice (or fails to • repair with due diligence if the repairs are of such nature as to require more.than 30 days), Tenant may cause such repairs to be made or completed and may deduct from subsequent • installments of rent an amount sufficient to reimburse Tenant for expenses incurred in making or completing such repairs. 20. Surrender of Premises. Tenant shall, upon termination of the term hereof, for any cause, surrender to Landlord the leased premises, including without limitation all the building improvements then upon the leased premises and all alterations, improvements, and other additions which may be made or installed by either party to, in,upon or about the leased premises shall be the property of the Landlord, and, on such termination, shall be surrendered to Landlord by Tenant without any damage, injury or disturbance thereto, or payment therefor. Items of fixtures, furniture and equipment which may be installed in the leased premises prior to or during the lease term at the cost of Tenant, shall not be deemed to become a part of the leased premises at or before the end of the lease term. Tenant shall, at its own expense, repair any and all damage to the leased premises resulting from or caused by such removal. 21. Rules and Regulations. Landlord and Tenant agree to carry out rules and regulations as follows: . • -5- • (a) No awning or other projections shall be attached to the outside walls of the leased premises or the building of which they form a part without, in each instance, the prior written consent of the Landlord. (b) No radio or television aerial shall be erected on the roof or exterior walls of the leased premises without the prior written consent of the Landlord. Any aerial so installed shall be subject to removal without notice at any time. (c) No loudspeakers, televisions, phonographs, radios or other devices shall be used in a manner so as to be heard or seen outside of the leased premises. (d) No auction, fire,bankruptcy or other sales shall be conducted on or about the premises without the prior written consent of Landlord. (e) Tenant shall keep the leased premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. (f) The outside areas of the leased premises shall be kept clear by Tenant, and Tenant shall not place nor permit any obstructions in such areas. (g) Nothing is to be attached or placed on the roof or exterior walls of the leased premises, other than appropriate signs or displays necessary for Tenant's business operation. (h) Tenant and Tenant's employees may park their cars in the designated parking area or upon the abutting streets. (i) Tenant shall allow access at all reasonable times to pest extermination contractors as Landlord may request. Landlord shall,•for the enforcement of the covenants, conditions and agreement in this Section 21 to be referred to as "Rules and Regulations," have all remedies in this lease provided for breach of the provisions hereof. 22. Notices. Wherever in this lease it shall be required or permitted that notice or demand be given or served by either party to this lease or on the other, such notice or demand shall be given or served and shall not be deemed to have been duly given or served unless in writing and forwarded by certified or registered mail, addressed as follows: LANDLORD: TENANT: City of West Memphis,Ark. East Arkansas Area Agency on Aging, Inc. 205 S. Redding P.O. Box 5035 West Memphis,AR 72301 Jonesboro,AR 72403 • -6- • 23. Renewal. Should the parties desire at the conclusion of the lease term to renew or extend this lease, then the parties shall renegotiate the terms and rental and shall then execute a modification or amendment to this lease. 24. Early Termination. Either party may terminate this lease with or without cause upon ninety (90) days written notice to the other party. 25. Remedies. All rights and remedies of Landlord herein created or otherwise extending at law are cumulative and the exercise of one or more rights or remedies shall not be taken to exclude or waive the right to the exercise of any other. All such rights and remedies may be exercised and enforced concurrently and whenever and as often as deemed desirable. 26. Successors and Assigns. All covenants,promises, conditions and representations herein contained shall be binding upon, apply and inure to the parties hereto and their respective heirs, executors, administrators, successors and assigns; it being understood and agreed, however, that Section 18 is in no way impaired by this provision. 27. Representations. It is understood and agreed by Tenant that Landlord and Landlord's agents have made no representations or promises with respect to the leased premises or the making or entry into this lease, except as in this lease expressly set forth, and that no claim or liability, or cause for termination, shall be asserted by Tenant against Landlord for, and Landlord shall not be liable by reason of, the breach of any representations or promises not expressly stated in this lease. 28. Waiver. The failure of the Landlord to insist upon strict performance by Tenant of any of the covenants, conditions and agreements of this lease shall not be deemed a waiver of any of the Landlord's rights or remedies and shall not be deemed a waiver of any subsequent breach or default by Tenant in any of the covenants, conditions and agreements of this lease. No surrender of the leased premises shall be effected by Landlord's acceptance of rental or by any other means whatsoever unless the same be evidenced by Landlord's written acceptance of such a surrender. 29. Holding Over. If Tenant remains in possession of the leased premises after the expiration of this lease without a new lease reduced to writing and duly executed, even if Tenant shall have paid, and Landlord shall have accepted,rent in respect to such holding over, Tenant shall be deemed to be occupying the leased premises only as a Tenant from month to month, subject to all the covenants, conditions and agreements of this lease. 30. Interpretation. The parties hereto agree that it is their intention hereby to create only the relationship of Landlord and Tenant', and no provision hereof, or act of either party hereunder, shall ever be construed as creating the relationship of principal and agent, or a partnership,joint venture or enterprise between the parties hereto. • 31. Amendment. Only by written agreement of the parties may this lease be modified or amended in any manner whatsoever. -7- IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above mentioned. LANDLORD By: Its: TENANT By: Its: ACKNOWLEDGMENTS STATE OF ARKANSAS COUNTY OF CRITTENDEN On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, , to me well known (or satisfactorily proven to be such person), and stated that he had executed the foregoing instrument for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on this the day of , 2024. Notary Public My Commission Expires: • -8- STATE OF ARKANSAS I COUNTY OF CRAIGHEAD On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, , to me well known(or satisfactorily proven to be such person), and stated that he had executed the foregoing instrument for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on this the day of , 2024. • Notary Public My Commission Expires: -9- • Cv.�+,� "✓ .r.ter (. ; %.,i;. • LEASE AGREEMENT This lease made and entered into on April 1, 2020, by and between the City of West • Memphis, Arkansas,hereinafter referred to as Landlord, and East Arkansas Area Agency on Aging,Inc.,hereinafter referred to as Tenant,based on the mutual promises,undertakings, covenants and conditions herein expressed: WITNESSETH: 1. Premises. The Landlord,for and in consideration of the covenants,conditions, agreements and stipulations of the Tenant, hereinafter expressed,does hereby demise and lease unto the Tenant the following described premises situated in West Memphis,`County of Crittenden, State of Arkansas,and more particularly described as follows, with all tenements and appurtenances thereunto belonging or in any way appertaining, said premises being hereinafter referred to as "demised premises": The property and building located at 1300 Polk, West Memphis, Arkansas. 2. Term.-TO-have and to hokLthe_same for the full term of four(4)y s Rig commence-with-Fate her_eo£and_end_dn.,March 31,2024, subject to earlier termination under J hectidi 24. 3. Purpose. The demised premises shall be used by Tenant to provide senior center services. 4. Rent. During the term of this lease,Tenant shall pay to Landlord at the address in Section 22 as rental the sum of Eight Hundred and no/'100 Dollars($800.00)per month. The first such rent payment is due April 13, 2020, with subsequent rent payments due on the first day of each month thereafter. 5. Taxes. Landlord hereby agrees to pay all real estate taxes and assessments of every nature,kind and description levied and assessed against the property as the same becomes due from time to time during the term hereof. 6. Insurance. The Landlord shall maintain and pay for such fire and property coverage insurance on the leased premises,including any improvements thereon, as the Landlord deems to be necessary for its own protection. Tenant shall insure its personal property within the Ieased premises for its protection and will not participate in any insurance carried by the Landlord. -I- 7. Improvements. Upon written notice to Tenant, Landlord hereby reserves the right at any time to make alterations, additions, or improvements to the leased premises. 8. Repairs and Maintenance. (a) The Tenant shall, during the term of this lease, at its sole expense, keep the interior of the leased premises, other than as described in item(b) below, in as good order and repair as it is at the date of commencement of the lease,reasonable wear and tear and damage by accidental fire or other casualty not within the control of Tenant excepted. • (b) The Landlord, during the term of this lease, shall keep the structural supports, exterior walls,carpeting, heating.and air conditioning systems, roof and parking lot and exterior walkways of the leased premises in good order and repair,specifically including, but not limited to, the following known needed repairs: none. Landlord shall keep in good repair all other parts of the building not included in the leased premises, so as to prevent any disruption of services provided by Tenant. Landlord shall also be responsible for all lawn care. 9. Alterations. (a) The Tenant shall not make any alterations, additions or improvements to the demised premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, and all alterations, additions or improvements made by either of the parties hereto upon the demised premises,except movable equipment and trade fixtures put in at the expense of the Tenant and as otherwise provided herein,shall be the property of the Landlord, and shall remain upon and be surrendered with the demised premises without molestation or injury. Tenant may remove its equipment or trade fixtures,provided any damage done to the demised premises in the removal of any such equipment or trade fixtures is promptly repaired by Tenant, and if not repaired by Tenant in a reasonable time and manner, Landlord may repair same and Tenant shall pay the cost thereof. (b) Before Tenant occupies or moves any equipment or trade fixtures onto the leased premises, Landlord shall provide Tenant with a written list of all movable equipment or other items within the premises that Landlord owns, and Tenant shall sign the list acknowledging receipt of same. During the term of this lease, if Landlord places any other equipment or items within the premises, Landlord shall promptly make a written supplement to the list and obtain Tenant's signature on same. The parties hereby agree that any equipment or item within the premises that is not included on the initial written list or a supplement thereto,signed by Tenant, shall be the property of Tenant at the expiration or termination of the lease. If Landlord fails-to provide Tenant with a written list by the time Tenant occupies the premises, Landlord agrees that it forfeits the right to claim ownership of any equipment or items within the premises. 10. Liens. Tenant agrees to pay promptly for any work or materials provided by laborers or materialmen in or about the leased premises, and Tenant shall not permit or suffer any lien to attach to the leased premises and shall promptly cause any such lien, or any claim therefor, to be released; provided, however, that in the event Tenant contests any such lien, Tenant agrees to indemnify Landlord and, if requested, to deposit with Landlord cash or a surety bond in form and company satisfactory to Landlord in an amount equal to twice the amount of such contested claim. -2- . i • 11. Law,Ordinances,Etc.• (a) Landlord and Tenant agree to comply promptly with all laws, ordinances,orders and regulations affecting the leased premises and the cleanliness, safety, operation or use thereof and furthermore agree to comply with the regulations or requirements of any insurance underwriter,inspection bureau or similar agency with respect to the leased premises. (b) Tenant agrees not to: (1)permit any unlawful or immoral practice to be carried on or committed on the premises; (2)make any use of or allow the premises to be used for any purpose other than that permitted under Section 3 that might invalidate or increase the rate of insurance thereof; (3)keep or use or permit to be kept or used on said premises any inflammable fluids (other than those normally kept, used or sold by Tenant) or explosives, without the written permission of the Landlord first obtained; (4)use the premises for any purpose whatsoever which might create a nuisance or injure the premises; (5)deface or injure the building or premises; (6) commit or suffer any waste; or(7) install any electrical equipment that overloads the lines. (c) In connection with the installation of any electrical equipment,Tenant shall, at Tenant's own expense, make from time to time whatever changes are necessary to comply with the requirements of the insurance inspectors,underwriters and governmental authorities. 12. Utilities. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to supply water, electricity and gas used in the leased premises. (a) Because there is only one utility meter to the building and Tenant is leasing only one portion of the building, the parties agree there is no practical way to measure Tenant's exact utility usage. Accordingly, except as otherwise set forth in subsection (b) of this paragraph, during the term of this lease, Tenant shall pay 80% of the bill for utility services to the building. Landlord must provide Tenant with an invoice on a monthly basis reflecting the total amount of the utility bill and Tenant's portion of the bill. The invoice must also include a copy of the actual utility bill associated with the building for that particular month. (b) If, at any time during the term of this lease, Landlord leases any part of the remaining portion of the building to some other person or entity, the parties agree that, from the first day of the other person or entity's lease term, the percentage of Tenant's responsibility for utility expense will be determined by dividing the square;footage leased to Tenant under this Lease by the total square footage of the building. All other provisions of subsection (a)above will continue to apply. 13. Damages tb Premises. If the demised premises are destroyed by fire or other casualty to the.extent that all of the demised premises are partially destroyed and the cost of restoring the demised premises to its condition immediately prior to such damage shall equal or exceed fifty percent(50%)of its value immediately prior to such damage, as determined by estimates of damage compiled by Landlord's insurance carrier, the Landlord may,at its election, (a)proceed with due diligence to repair or restore the same to the same condition as existed before such damage or destruction, or(b) cancel the lease as of the date of such damage or destruction by written notice not less than thirty(30) days after such damage or destruction. -3- • Should the Landlord elect to repair or restore,all rent shall abate until the demised premises are• repaired or restored and possession has been redelivered to the Tenant. Should the Landlord elect to cancel, then the rent shall be adjusted as of the date on which the damage occurs. • If the demised premises are partially destroyed or injured, whereby the tenant shall be deprived of only a portion of said premises, and the cost of repairing such damage shall be less. than fifty percent(50%) of the value of the premises immediately prior to such damage,as determined by estimates of damage compiled by Landlord's insurance carrier, the Landlord will proceed with due diligence to repair the same to the same condition as existed before such damage or injury and a proportionate allowance shall be made from the rent during the period required for such repairs, in the proportion which the number of square feet of which Tenant is deprived by such damage and the making of such repairs bears to the total square feet in the demised premises. 14. Assignment and Subletting. Tenant shall have the right to sublet all or any part of the leased premises to one or more service contractors. Tenant shall not otherwise sublet the premises in whole or in part and shall not otherwise sell, assign, mortgage,pledge, or in any manner transfer this lease, or any interest herein,without in each case having obtained Landlord's written consent,which consent shall not be unreasonably withheld;nor otherwise permit any transfer of Tenant's interest created hereby, except as herein provided, nor allow any lien upon Tenant's interest by operation of law. 15. Access to Premises. Tenant agrees that Landlord, its agents, employees or servants, or any person authorized by Landlord,may enter the premises during Tenant's hours of operation for the purpose of: (a) inspecting the condition of same; (b)making such repairs, additions or improvements thereto,or to the building of which they are a part, as Landlord may elect to make; and(c) exhibiting the same to prospective purchasers of the building in which the premises are contained. Tenant agrees that neither Tenant nor any person within Tenant's control will interfere with such entries. • 16. Waiver of Claims. Landlord shall not be liable to Tenant, or to Tenant's employees, patients, visitors, or to any other persons, for damage to persons or property caused - by any act, omission, or neglect of Tenant, and Tenant agrees to hold Landlord harmless from all claims for any such damage, regardless of where it may occur. • 17. Default of Tenant. If the Tenant defaults in the performance of any of the covenants,terms,conditions or provisions of this lease, including nonpayment of rent, and after written notice from the Landlord,Tenant fails to cure such default within thirty(30)days after receipt of such notice(or fails to cure with due diligence if the default is of such nature as to require more than 30 days), then the Landlord may, at its option(but shall not be required to do • so), perform the same for the account of the Tenant and any amount paid or expenses incurred by the Landlord in the performance thereof shall be deemed additional rent and payable when the next installment of rent shall become due. Additionally, if the Tenant defaults in performance of this lease, or if Tenant shall make an assignment for the benefit of creditors, or if the interest of the Tenant in the demised premises shall be sold under execution or other process of law, or if the Tenant shall be adjudged a bankrupt, or if a receiver or trustee shall be appointed for the -4- Tenant by any Court, and, after written notice from the Landlord,Tenant fails to cure such default of condition within 30 days after receipt of such notice(or fails to cure with due diligence if the default is of such nature as to require more than 30 days), then the Landlord may lawfully re-enter the demised premises without any demand for possession therefor, and recover possession of the demised premises and the improvements thereof, expel the Tenant and those holding under the Tenant and no allowance shall be paid to'the Tenants. Such re-entry shall not constitute trespass and shall not prejudice any other remedies which might otherwise be provided by law for breach of covenant, and upon entry, the rights of the Tenant under this lease shall terminate and the Tenant agrees that in the event of such termination,Tenant will indemnify the Landlord against all unavoidable loss of rent and expense of reletting, which-the Landlord may incur by reason of such termination for the remainder of the unexpired term of this lease. 18. Covenant of Quiet Enjoyment. The Tenant,upon payment of the rent herein provided and upon performance of all the terms of this lease, shall at all times during the term of the lease, and during any extended or renewal term hereof,peaceably and quietly enjoy the leased premises without any disturbance from the Landlord or from any other person, firm or corporation claiming through the Landlord. 19. Default by Landlord. In the event Landlord shall fail or neglect to make any repairs which, under the terms of this lease,Landlord is required to make, and of which notice has been given(except in case of emergency) to Landlord by Tenant, or having started such repairs shall fail to complete them within thirty(30) days after receipt of such notice(or fails to repair with due diligence if the repairs are of such nature as to require more than 30 days), Tenant may cause such repairs to be made or completed and may deduct from subsequent installments of rent an amount sufficient to reimburse Tenant for expenses incurred in making or completing such repairs. 20. Surrender of Premises. Tenant shall, upon termination of the term hereof, for any cause, surrender to Landlord the leased premises,including without limitation all the building improvements then upon the leased premises and all alterations, improvements, and other additions which may be made or installed by either party to, in, upon or about the leased premises shall be the.property of the Landlord, and, on such termination, shall be surrendered to Landlord by Tenant without any damage,injury or disturbance thereto, or payment therefor. Items of fixtures, furniture and equipment which may be installed in the leased premises prior to or during the lease term at the cost of Tenant, shall not be deemed to become a part of the leased premises at or before the end of the lease term. Tenant shall, at its own expense, repair any and all damage to the leased premises resulting from or caused by such removal. 21. Rules and Regulations. Landlord and Tenant agree to carry out rules and regulations as follows: (a) No awning or other projections shall be attached to the outside walls of the leased premises or the building of which they form a part without, in each instance,the prior written consent of the Landlord. -5- (b) No radio or television aerial shall be erected on the roof or exterior walls of the leased premises without the prior written consent of the Landlord. Any aerial so installed shall be subject to removal without notice at any time. (c) No loudspeakers, televisions,phonographs, radios or other devices shall be used in a manner so as to be heard or seen outside of the leased premises. (d) No auction, fire, bankruptcy or other sales shall be conducted on or about the premises without the prior written consent of Landlord. (e) Tenant shall keep the leased premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. (f) The outside areas of the leased premises shall be kept clear by Tenant, and Tenant shall not place nor permit any obstructions in such areas. (g) Nothing is to be attached or placed on the roof or exterior walls of the leased premises, other than appropriate signs or displays necessary for Tenant's business operation. (h) Tenant and Tenant's employees may park their cars in the designated parking area or upon the abutting streets. • (i) Tenant shall allow access at all reasonable times to pest extermination contractors as Landlord may request. Landlord shall, for the enforcement of the covenants, conditions and agreement in this Section 21 to be referred to as "Rules and Regulations," have all remedies in this lease provided for breach of the provisions hereof. 22. Notices. Wherever in this lease it shall be required or permitted that notice or demand be given or served by either party to this lease or on the other, such notice or demand shall be given or served and shall not be deemed to have been duly given or served unless in writing and forwarded by certified or registered mail, addressed as follows: LANDLORD: • TENANT: City of West Memphis, Ark. East Arkansas Area Agency on Aging, Inc. 205 South Redding P.O. Box 5035 West Memphis, AR 72301 Jonesboro, AR 72403 23. Renewal. Should the parties desire at the conclusion of the lease term to renew or extend this lease, then the parties shall renegotiate the terms and rental and shall then execute a modification or amendment to this lease. 24. Early Termination. Either party may terminate this lease with or without cause upon ninety(90) days written notice to the other party. -6- 25. Remedies. All rights and remedies of Landlord herein created or otherwise extending at law are cumulative and the exercise of one or more rights or remedies shall not be taken to exclude or waive the right to the exercise of any other. All such rights and remedies may be exercised and enforced concurrently and whenever and as often as deemed desirable. 26. Successors and Assigns. All covenants,promises, conditions and representations herein contained shall be binding upon,apply and inure to the parties hereto and their respective heirs, executors,administrators, successors and assigns; it being understood and agreed, however, that Section 18 is in no way impaired by this provision. 27. Representations. It is understood and agreed by Tenant that Landlord and Landlord's agents have made no representations or promises with respect to the leased premises or the making or entry into this lease,except as in this lease expressly set forth, and that no claim or liability,or cause for termination, shall be asserted by Tenant against Landlord for, and Landlord shall not be liable by reason of, the breach of any representations or promises riot expressly stated in this lease. 28. Waiver. The failure of the Landlord to insist upon strict performance by Tenant of any of the covenants, conditions and agreements of this lease shall not be deemed a waiver of any of the Landlord's rights or remedies and shall not be deemed a waiver of any subsequent breach or default by Tenant in any of the covenants, conditions and agreements of this lease. No surrender of the leased premises shall be effected by Landlord's acceptance of rental or by any other means whatsoever unless the same be evidenced by Landlord's written acceptance of such a surrender. 29. Holding Over. If Tenant remains in possession of the leased premises after the expiration of this lease without a new lease reduced to writing and duly executed, even if Tenant shall have paid, and Landlord shall have accepted, rent in respect to such holding over, Tenant shall be deemed to be occupying the leased premises only as a Tenant from month to month, subject to all the covenants, conditions and agreements of this lease. 30. Interpretation. The parties hereto agree that it is their intention hereby to create only the relationship of Landlord and Tenant, and no provision hereof,or act of either party hereunder, shall ever be construed as creating the relationship of principal and agent, or a partnership,joint venture or enterprise between the parties hereto. 31. Amendment: Only by written agreement of the parties may this lease be modified or amended in any manner whatsoever. -7- • • IN WITNESS WHEREOF,the parties hereto have executed this lease agreement on the • day and year first above mentioned. LANDLORD • By: a4GP c ertis d —1 Marco McClen on Its: Mayor TENANT r' By; J ue• McDaniel Its: Executive Director • ACKNOWLEDGMENTS • • STATE OF ARKANSAS COUNTY OF CRITTENDEN - • On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified,commissioned and acting, Marco McClendon, to • • me well known (or satisfactorily proven to be such:person),and stated that he had executed the foregoing instrument for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on this thec fit- day of April,2020. • Notary Public • .�H�D.JO`ail My Commission Expires: -�aF, No. t?8,y 1 Z:F�. `Pilo ti • • dam ) �ti'k,.V CO. ` s• -8- • • • • • STATE OF ARKANSAS COUNTY OF CRAIGHEAD On this day personally appeared before the undersigned,a Notary Public within and for the County and State aforesaid,duly qualified,commissioned and_acting, Jacque McDaniel,to me well known (or satisfactorily proven to be such person),and stated that he had executed the foregoing instrument for the,consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on this the ,P day of April,2020. 4t '!r<!h1/UJ/I Notary Public My Commission Expires; • O1=FIGIAL SEAL-W12390954 • • 1 RENDA AUSBURN ' NO FAIT(PUBLIC-ARKANSAS CRAIGHEAD COUNTY MY COMMISSION EXPIRES:11-10-22 • • • • • • • • • • • _9_ • ?) APPOINTMENTS: NONE - . b 5 o • "'6 LE PLR •� �r CITIZEN S REQUEST: Ms. Tina Wade a resident of 1210 S. McAuley came before council to propose that the Area Agency on Aging be allowed to rent the additional space in the Roberta Jackson Center for$300.00 in addition to the $800.00 that they already ! pay for the portion_of the building that they_already_rent They are wanting access to theme r 4other side of the building from 6.:00-_a..m.--to 2 00-p.m.Tuesday_through Thursday ......\____i Disc ss iu on followed. Councilor Mohammed said if they were already in the building why should they have to pay additional rent for the other side. Councilor Mondy was opposed to giving them access, since the people in the community wanted to be able to uiili�e • ! I 'the space to have family reunions, repass, and other social activities, as well as there j was a young lady that expressed an interest in wanting to host a summer reading program at the location. Councilor Mondy felt that was more inline on why the building i 1 , was built and would be more beneficial to the community. Mayor McClendon thanked Ms. Wade for,coming and said that council would discuss it further and let her know i what their decision was. Ms. Liz Watkins a resident of 141 West Jackson came before council to speak on her support for allowing the Area Agency on Aging being allowed access to additional space at the Roberta Jackson Center for their senior activities. Ms. Watkins said she attends the center and in the current space they do not have enough space to move around. Mayor McClendon said he would get with the council to discuss and once they reached a decision, they would let them know and thanked Ms. Watkins for.corning. Ms. Wendy Love-Smith a 'resident of 2095 South 20th street came before council to submit her application for certificate of Public Convivence for a non_medical transportation business., Ms. Love-smith said she has the desire to serve the community. The mayor said the council has her application a business plan in the packet, the council will review.her information and decide at the.May 19,-2022, council meeting at 5:00 p.m. for councils' decision. . Having no further business.to come before the City Council, Councilor Harris made the motion, seconded by Councilor Mondy to adjourn. Upon voice vote, voting 'was unanimous to adjourn. The meeting adjourned at 5:40p.m. ' PASSED and APPROVED this 19th day of May 2022. Lt'eq e‘oct, _ CO MCCLENDON, MAYORL., • ATTEST: • /... . Ji MES P CITY CLERK S • Kenneth D. Johnson From: Stephanie Lepard Sent: Tuesday, February 20, 2024 9:55 AM To: Patricia Lane; Dorothy Wallace • Cc: Kenneth D.Johnson • Subject: Vector Disease Control Attachments: Mosquito Control.pdf Patricia &Dorothy, • Attached is a copy of the Ordinance waiving bids for Vector Disease Control for the council agenda for March 7. Thanks, Stephanie Lepard Administrative Assistant • West Memphis City Attorney 205 S. Redding P. O. Box 1728 West Memphis,AR 72303 (870)732-7515 CITYOF WEST • .� MEMPHIS '010• A R K A N S A U • • • • 1 ORDINANCE NO. AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR AERIAL SPRAYING, GROUND SPRAYING AND OTHER MOSQUITO CONTROL EFFORTS, 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 is in urgent and immediate need of aerial spraying, ground spraying and other mosquito control efforts to combat existing mosquito control problems throughout the city and to protect the health, safety and welfare of its inhabitants, and competitive bidding under such circumstances would not be feasible or practical. • =� ' 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: Aerial spraying,ground spraying and other mosquito control efforts to be conducted by Vector Disease Control, Inc., for 2023 at a cost of$174,402.00.00. PASSED AND APPROVED this_ day of GUL �� , 20 0?' CO McCLENDON,Mayor ATTEST: • 1.4:; • PATRICIA JOPL , C Clerk, RECEIVE 19 Cif yet= _ • /� B At if ''ii t BID TABULATION SHEET "MUNICIPAL PROPERTIES GRASS SPRAYING" MARCH 5, 2024 • 12:00 PM—CITY HALL • BIDDER: . BID AMOUNT: 1. B&B Lawn Pro's $6,036.50 2. No Bid 3 4. 5. • • R�r ` I 2 BID TA I ULATION SHEET 6 ! ALL FIELDS& PARKS GRASS SPRAYING" MARCH 5, 2024 12:00 PM—CITY HALL BIDDER: . BID AMOUNT: • 1. B&B Lawn Pro's $37,501.6g 2. No Bid 3 4. 5. BID TABULATION SHEET "G OUND MAINTENANCE FOR CITY HALL & CIVIC COMPLEX" MARCH 5, 2024 12:00 PM—CITY HALL BIDDER: BID AMOUNT: 1. Treemendous Landscaping And Garden Center $8,800.00 • 2. D.C. Professional Lawn Care $20,108.00 3. No Bid 4. 5. BID TABULATION SHEET "GATEWAY PROJECT" MARCH 5, 2024 12:00 PM—CITY HALL BIDDER: BID AMOUNT: (1. Treemendous Landscaping And Garden Center $34,000.00 2. D.C. Professional Lawn Care $34,008.00 3. No Bid 4. 5. BID TABULATION SHEET "MAIN,ST`c EET„ MARCH 5, 2024 12:00 PM—CITY HALL BIDDER: BID AMOUNT: 11. D.C. Professional Lawn Care $42,166.95 2. No Bid 3. 4. 5. • BID TABULATION SHEET "GRASS MOWING WEST MEMPHIS UTILITY" MARCH 5, 2024 12:00 PM—CITY HALL BIDDER: BID AMOUNT: �l. Hoglan & Palermini $4,620.00 2. Treemendous Landscaping And Garden Center $6,750.00 3. D.C. Professional Lawn Care $7,700.00 4. 5. 4 - BID TABULATION SHEET "GRASS MOWING WEST MEMPHIS AIRPORT" MARCH 5, 2024 12:00 PM—CITY HALL BIDDER: • BID AMOUNT: it• A11 Season Yard Care V $5,300.00 2. D.C. Professional Lawn Care $9,300.00 3. s No Bid 4. 5. V • r .l -_. _ .... ; , ) is - to uo e 11 Quote;# - QT1784659' h. t / Date 02/02/2024 ` expires ;02/17/2024a s MUNICIPAL EMERGENCY SERVICES: - s • Sales Rep wEvat*James'M. I (87Z)6373473 Shipping Method hedEx Ground Customer `West Memphis:,Fire Dept (AR) I k c`- I i Customer#• `.C227921, +; i •- B itiTq i Ship To West emphis Fire Dept^(AR) � M - _ West Memphis*Fire Dept (AR),-. i 200 N'`Seventh ST 200 NSeventh'ST ;,` 1 •West Memphis AR 723.01 , 'West Memphis AR 7,3301 United States; : i Unitedt_atea I` I` i 8 S ° A � 2ue� � s �� ms ' " __. . 7A iX814025305304 . ' Air aX3 Po CBA018,Editon with CGAi ,66. $6707,9 ' $442,72. 2 Parachut�Buckles 4 5 Standard No ccesssoy i " Pouch,E Flo+Regulator with Quick Disconnect Hose • (Rectus t pe fittings) Universal`EBSS/Noi?e�No,Pak- '' 1, ' _ Tracker,NoCase2CBA Per Box 1 ,,. , S , :,. , 201215 22 .; s AV3000 H with Kevlarlining and:4 strap•t arneL s-Red 127 $309 66'' $39;326 82 Medium 1 i + 1 201215-21 AV3000 F T wtth Kevlar-ilining-and;4 strap harness Red 4`' • $309.66 $1 238 64 Small t 201215-23 LV3000 l- with Kevlar liningrand 4 strap harnefss Red 6 309 66 $1;85796_ 804722 01 _ CYLB&VLV 9SSYCARB,45MIN 4500' 66,' ° 3330$1 2 ,F $81. ,397 80` - '3EF Sub Ct atl $566 3 94,IFWestMempisis taxexempt pleaseprovide docum station andtax an be removed , , Tsbid salononeThsguote does notinclude tt a iitial: rd partyilow test required j Shippingos - $0 0' byNFPA If this is neededMES w ^providthata25perPakMSralsooffers annual TaxTotal $55;2$8 03 contracts for service the proposal for that is rat a sepee docm uent: I { l._ t , Total $62178197 : t This Quotation is subject to any applicable:sales tax:an shipping and`handling charge's tliatmayhapplyTax and shipping charges are considered estimated and will be recalculated ow* of_shipment.;to ensure they to Ce into accouritthe most;current information.. ( All°returns be must processed within!30 daysof receipt d require a return au zat thoni n number and are subjeto ct a:restocking fee. i' i Custom orders arepot returnable Effective,`tax rate Will b erlapplicable.at the time of'invoic • I` ,, tl, } i I ' D 4 I i • ` i ''II IIIIL ,II I11 11/1111/ III'I11111II`III _ f, I. t ti Page 1 of:1 ' - •QT.1784650 ' ( ( il,„ ,: , • • 4 :; Sjddons4V1-arOg Emergency`J.,..o-01-,):: -- ' 011S-44.--- ' $00elby.tra tie . _ - ,.._I .. . . ' -2 ‘.'' : l'S, :...- .., -- • - , - — :• ‘.4&: . . .L, . Dpnton-,,TX;7,§41,7 I -f ' ",. ' ' . AT'E . ,Tc5 •v•-" , 0, LJ 'A . : ' .I--'[. — ' ' ' . .',---.,. •',‘ ., '-• : 06pne;-,(94.0)313.4490, 00. :,N1.01.-PAr i . ,_...., Rctricv 0 ,„ . i . • 1 , • .,. . , _ .. _ . _ . .. _ 0. _ _ ;.• ..0.i.stomer Info: Document Info:1 WEST nnEiviihis:FikEtiirit, tc).uote.4:7..007.000235 ., , . ,Taken By;Phillp;130§aV ... , West Memphis;AK72301. . . . ......_._. .,....-...-. Expiration Date 05112/2024 . : , USA - Iterii it .. ,,D'escrlibirc•.4f, _ _ . . 'QualltitW:Unit ,Uhit Piied. • Afiicitirit 20$0. 'AIR 0Aki')'.3 PRO SCBA\dieGA :66:00,tEA :6,709.90. ,,4-.442,200.00 1.• .450 g?:F.,ko"'.,;(Ap HOSE EJEO.S$. - - i ,t - • „ a i. • PAi(:TRACkER-7.0126235961 4 , :-$(r:-xgg 1.4"623 65364.- -' t " . . i I . . 240156 iStCiTT AV3060.;HT FACEPIECE : '1379()1 EA 30960 !" 42333."00'. _ ,4.s1-06t5.),0/mtb iuM , • 1 - .7(43514334 i I ; , --e1,.2'.ii112: • - - -• - - • -- i • 1 f . • I 1 1 • I r. ( I. . •i • 1 :ft ,. 1 . i V . • . i • I ,I. • j.• , • ! i., .• I : • 1 1 1 A 3, : • - ; i , - 11 . . . i •. 7 1 ! i I• • . . i . . .• . • : . ! .. • I • . t 1, ' . • i t • , - ' 1 1! - • - -- - - 4 I .3cital Of All Services ,.. •Lab-Of total i , :$0,06 Shop supplies $0.00 Page 1 of 1 For complete terms an.c10pditi6p'§please ifiit'.-Iyi- website Parts total $484,533.00 Sublet total $0.00 :. https;//www,sfritionsLr-9 a rtin,COM • Freight total i $0.00', :Core charges $0.00 I 'Link . • f k ' Salas.tak $4.7,241. 3 : 1 '.• i ' :'.i7Ciial,:. $531,774.98- 1 6 , , 6 i • . !. • 1 ' ( • , I 6, • I 'r! 1 1 . t ! . , _..., •1 1 ',,It : . Sieliplbrit-.Martin Eili:fgen't-Griiii 1 ,.i 1 t:' 4012-114%. ' 3500 Shelby Lane' " — -. : ...„,_, , H C-- 64. '-• -' ,Aik,' 5 DOtit-00-,-,TX;76,297 .—1 , MATE;... , ...- , ! Egisrii,-., r_-.kw ,.• Phone t(9,410)315-4°.48 ' t. ',.\ -,.--• •••••,•.• •,/ ,,,, i DO NOT PAY 1 • •,,. e4, ' --, -A- tt , 0 '•,. -%ER CI 1'1:4' - '' 1 . .- . - - _- -- --- -. ----- - -- - Cii§teitnerinfo: ".Dccument InfO:1 1. WEST i‘tilKOI:ii$:-Ointtipit: Ddijte-#:,•700-0007006 lOYPP0060)PiPOV. ,) wast-loonphliiAR,17234 Eicji,iiatibri,t)ate:92/12/2424, . _ . . . .. - - ' . .. ., . ... .„ .._ "-'t . .1 • i'feni'tt. • itiescriptiork; , :. _. ivantity7 ini:t•', . ,UnitTi-la _v . !Amount 20560. Alik liAik3'FiRti Stak vyttGA, 6-6-401A .(.61.6.00.6 ''. "4200.06 4 .',4500 EZ,FLO 00:HOSE,U EBSS. ' 1 , • ' 'PAK TRACKER 7012623506 ' $Cr.i..5,.034613C)8.304 — - A,,•'[ . • 1 _ . ,_ . : ._ _ ... • _•_ ._ . _ . . — . __ 240156 -'5CIOTTAV3000)-IT,FActpiECE 4.: 137:0O'/EA 3000.'''f, .42,333.00 1 5IMP,gv:M.01YM I I , 7012511834 $tf. 01-221.5:22 1 1 251668. '. 31\il:SCOTT CARBON CYLINDER '.66.00,/EA• 1?2314:10 81.24560: 40P3I,45:! . i i • - i • , ;8047224)1 1 I 1 ' ) 1 . • • • d . i • • ! i , - i i 1 , { I .1 1 , 'i 1 1 f, , ,. • i il A s ,Totarktif All Setirite4. Labortotal. l' . $0".0,0 Shop supplies $0.00 Page 1 of 1 For complete terms and conditions please yisi"t.o yr • . Parts total 'S565;7 7.9:90 Sublet total'. $0:i00 iltips;fiwww.sicicion§-,manin.cdrn Freight total ' $0.00 Core charge 1 1 ' "--- $0.00 Lirik , .,'', ,Sales ta)c, , $55,163.40 ,-'...-Total: $620 942:46 `s N'Qt?.7j s {° Ai i t r Y 44 4 ^} ' ,,. r Mi � J4' a $ ^e : sr 41 r} _.. o R Y:.. �. a u s . 4r L ,c.a . „ n • iv ,{, c • e F `•r�r � r. t ti� nh Y x,.t.�r'T'�+ �`tr- .£ i �••,c�`r',F a. .4 1 X pm�i d tf F. f .r fr 4 r�4M fi, :e R I J t d l • '• ¢ rt(• LIT:ilik - 1 irn. . 6.4 a is .` -- IOC �Z Y. �aMa ( �r ACTIVITY CENTERt ,` , ` ' k-c _-. a a t xn t '"' -j a '`d 1 1 w�'` y^t' `� sfl,W'x `._' • • ' ?§F c nE& •�,1'+k • +�sg l Fw a r �,-,� , L 5. . • r 3 l4 tl t°2 5 n.n p ; tvi. rr i • f'9 a." 4 'r� * �� #F .. -' s + 9 f 4 f`rt e 4x r r.- C `x+ " 4.. `f' R"y y✓:e �'y 1 xt y'' a '"4 - Bil y i°'-t1E' 405 South 25th Street West Memphis, AR 72301 (870)514-2229 /4„...----- Board Prresident• e.-__,---:--‘,---/(1 - 1-c...,--462- --,ezi—) Executive Director _ 7 LRJ/yAc • 405 SOUTH 25TH STREET. WEST MEMPHIS, AR. 72301 EXECUTIVE DIRECTOR: Billy Joe Hayes 870-514-2229 I will perform the role as Executive Director for the successful leadership and management of the LR Jackson Youth Activity Center according the strategic directions by the Board of Directors.'I will implement programs and activities that will set long term goals for school age boys and girls aged 5-18 years old. I will also oversee all planning, implementing, evaluating, directing, supervising, coordinating, and managing the day to day operations of the organization. BOARD OF DIRECTORS: Keith McClendon, President, Betty Basemore, Secretary Bobbie Owens Nelson,Treasurer,Jaimie Patterson Sgt. @ Arms, Melvin Robinson, Chaplin,Wade Gordon, Vice President and Kitrich Coleman. EXECUTIVE SUMMARY: We the Board of Governors and the Executive Director of the LR Jackson Youth Activity Center plan to work with the Mayor of West Memphis, City Council Leaders, WMPD, Churches, Schools and other clubs and organizations to properly operate the center. Our mission is to provide members with the knowledge, skill, and confidence they need to reach their highest potential to become capable, productive, and self-sufficient adults. The LRJ/YAC, is a non-profit organization that will provide Mentor Programs,After School Educational Tutoring, Sports Programs, inside and Outside Activities, Performing Arts, and a Youth Advisory Committee. MENTOR PROGRAMS: Through the Mentor Program,we will assemble the youths twice a month with a guest speaker that will fuel quantity and quality of mentoring relationships for the younglpeople and to close the mentoring gap. Community Engagement is an undeniably critical part of ensuring that mentoring is not left to chance. Whether you are a public official, teacher, counselor, school administrator, business leader, or pastor,we need your help and involvement to close the mentoring gap. AFTER SCHOOL EDUCATIONAL TUTORING:This program is designed to help children who are struggling in Math and Reading with the necessary tools to give a child the academic advantage to compete in today's world.We will provide professional volunteers to assist each child with one on one tutoring,Team Read, Reading Intervention, and basic Math skills with critical thinking and individualized instructions at his or her own pace advancing step by logical step. , SPORTS PROGRAMS:We will provide sports for boys and girls such as Basketball, Volleyball, Gymnastic, Cheerleading, Football, Baseball, Flag Football, Dodge Ball, Kick Ball, and Soft Ball. The sports will be implemented for the fall, winter, spring and summer. INSIDE ACTIVITIES: Daily activities with structured hours will help the kids engage with leadership skills, character building and team work.These activities will be Cooking,Sewing, and Arts and Crafts, Billiard Pool Tables,,Food Ball,Air Hockey,Table Tennis and Video Games. OUTSIDE ACTIVITIES:Structured activities outside will include Field Trips, Garden Club, Neighborhood Cleanup, and partnering with the Crittenden County Boys and Girls Club, and Wonder City Boys and Girls Club. PERFORMING ARTS:These activities will include, Drill &Step Team, Dance Team, Cheerleading. Good Afternoon Mayor and Councilmen's , The L. R Jackson Girls Club is now partnering with the Wonder City Boys & Girls Club and we will call our programs 25th Street. We have many programs and activities scheduled for all boys and girls this spring and summer. We are offering little league football along with cheerleading for kids aged 5 to 12, Dance team for girls 5 to 19 and a developmental basketball league for boys and girls age 5 to 13. Since we have a new junior high school up the street, we are adding our developmental league to age 13 to 17. We also have additional space after hours for adults to play basketball and have an Adult League Basketball League on Sundays. We need extra support if there is ant available. `a HOURS OF OPERATION: School Year: Spring (February 2024—July 2024 Monday—Friday 3pm—7pm Monday—Friday 8pm Dance team Practice& Adult Basketball Saturday Basketball Practice & Building Rental Sunday Building Rental for Church Service Spring & Summer Activities Daily Schedule June—August 2020 8:00 am Sign -in (Summer Program begin) 9:00 am Activities for small groups in small room Activities for large groups in the gym 11 am—12 noon Lunches were distributed throughout the area 1:00 pm Activities continue 5:00pm Basketball practice (AAU) Gym 5 pm Baseball Practice & Games 6:00 pm Little League Football Training Collaborative Partners AR—NCBA Wonder City Boys and Girls Club, Inc. All My Children, Inc. Food Program & Donation) Old St. Paul MB Church (Monthly Donation) Alpha Kappa Alpha Sorority, Inc. Producing Outstanding People, Inc. Crye-Leike Realty Canadian National Railways Arkansas Heat AAU Arkansas Mustangs AAU Team Tar Heels AAU Social Media Facebook FedEx Family The Dorcettes Society The West Memphis Black Elite Tony Robinson Foundation Tom Walton Heating & Air Street Sense Inc. . L R Jackson Girls Club 2024 Annual Budget Beginning Balance September October November 3rd Quarter 2023 2023 2023 INCOME Grants/City Funds $0.00 $0.00 0.00 $$0.00 Membership Fee $0.00 $0.00 0.00 $0.00 Board Member Due $0.00 $0.00 $0.00 $00 Donations $100.00 $700.00 $300.00 $1100.00 Rental Fee $650.00 $600.00 $350.00 $1600.00 Concession $180.00 $270.00 $50.00 $0.00 Special Events $600.00 $600.00 $600.00 $1800.00 Other Grant $0.00 $0.00 $0.00 $0.00 Old. St. Paul $100.00 $100.00 $100.00 $300.00 Food Program $500.00 $500.00 $500.00 $1500.00 Total $2,130.00 $2,770.00 $1,900.00 $7,300.00 Expenses Salary $0.00 $0.00 $0.00 $0.00 Gas $190.00 $196.42 $184.60 $571.00 Contractor Labor $0.00 $0.00 $0.00 $0.00 Utilities $0.00 $0.00 $0.00 $0.00 Maintenance $456.77 $280.00 $160.00 $896.77 Office Supplies $127.89 $0.00 $0.00 $127.89 Postage $47.00 $0.00 $0.00 $47.00 Cable/Phone/Internet $344.66 $347.87 $345.75 $1,038.28 Lawn Service $150.00 $150.00 $0.00 $300.00 State Taxes $0.00 $0.00 $0.00 $0.00 Misc. $0'00 $0.00 $0.00 $0.00 Payroll Taxes $0.00 $0'00 $0.00 $0.00 Transportation/Bus $900.00 $475.00 $0.00 $1,375.00 Rental TOTAL $2,221.00 $1,452.00 $691.00 $4,059.00 BALANCE $3,241.00 , Beginning Balance December January 2024 February 2024 3nd Quarter 2023 Cary Over 3123.00 INCOME Grants/City Funds $0.00 $000 $0.00 $0.00 , Membership Fee $0.00 $0.00 $0.00 $0.00 Board Member Due $0.00 $0.00 $0.00 $0.00 Donations $0.00 $0.00 $0.00 $0.00 Rental Fee $450.00 $600.00 $0.00 $0.00 Concession $200.00 $0.00 $0.00 $0.00 Special Events $600.00 $600.00 Other Grant $0.00 $0.00 $0.00 $.00 Old. St. Paul $100.00 $100.00 $100.00 0.00 Food Program $1000.00 $1000.00 $680.00 $2,680.00 Cary Over $3,123.00 Total $2350.00 $2300.00 $780.00 $5800.00 Expenses ,Salary $0 $0 $0 $0 .. -Gas $1,178.00 $1,900.00 $0.00 $3,078.00 Contractor Labor $0.00 $0.00 $0.00 -$0.00, Utilities $0.00 $4555.00 $0.00 $4,555.90 Maintenance $500.00 $500.00 $500.00 $1500.00 Office Supplies $0.00 $0.00 $0.00 $0.00 Postage $0.00 $0.00 $0.00 $0.00 Cable/Phone/Internet $344.66 $347.87 $345.75 $1,038.28 Lawn Service $0.00 $0.00 $0.00 $0.00 State Taxes $0.00 $0.00 $.00 $0.00 Football Program $0.00 $0.00 $0.00 $0.00 Payroll Taxes $0.00 $0.00 $0.00 $0.00 Transportation/Bus $0.00 $0.00 $0.00 $0.00 Rental Total $1523.00 $6748.00 $846.00 $5616.00 BALANCE After $1,061.00 Utilities SECOND AMENDMENT TO POWER SUPPLY AGREEMENT dated as of March 22,2024 NextEra Energy Marketing,LLC and City of West Memphis,Arkansas have previously entered into that certain PowerSupply Agreement, dated as of May 21, 2020, as amended May 6, 2021 (collectively, the "Agreement"). The parties have now agreed to amend further the Agreement by this Second Amendment("Second Amendment"). Accordingly, in consideration of the mutual agreements contained in this Amendment,the parties agree as follows: 1. Amendment of the Agreement (a) Insert the following definition in Article 1 in alphabetical order: "Winter Capacity" - means the Capacity sold by Seller to Buyer pursuant to Section 4.4(c)of this Agreement." (b) The definition of Capacity Net Quantity on page 6 of the Agreement is hereby amended by adding the phrase ", other than the Additional Capacity and Winter Capacity sold by Seller to Buyer under Section 4.4(c)"immediately after the phrase"the amount of Capacity". (c) Section 4.4(c) of the Agreement (as amended by the First Amendment) is hereby further amended to add the following text at the end thereof: "In addition, with respect to the period December 1, 2024 through February 28, 2025 (such period, the "Winter Season") Buyer will purchase from Seller additional Capacity for the Winter Season of Planning Year 2024/2025, as such terms are defined by the MidContinent Independent System Operator, Inc. ("Winter Capacity"), to meet Buyer's Resource Adequacy Obligations during the Winter Season, pursuant to the terms and conditions specific to the Winter Capacity set forth in Exhibit 9 attached hereto. To the extent there are any conflicts between the terms of this Agreement and the terms set forth in Exhibit 9 relating to the Winter Capacity,the terms of Exhibit 9 shall control." (d) The attached Exhibit 9 be added to the Agreement immediately after Exhibit 8. 2. Representations Each party represents to the other party that all representations contained in the Agreement (including any representations set forth in Exhibit 9 hereto) are true and accurate as of the date of this Second Amendment and that such representations are deemed to be given or repeated by each party, as the case may be,on the date of this Second Amendment. 3. Miscellaneous (a) Definitions. Capitalized terms used in this Second Amendment and not otherwise defined herein shall have the meanings specified for such terms in the Agreement. RECEIVE Amy By i (b) Entire Agreement. This Second Amendment constitutes the entire agreement and understanding of the parties with respect to its subject matter and supersedes all oral communication and prior writings(except as otherwise provided herein)with respect thereto. (c) Counterparts. This Second Amendment may be executed and delivered in counterparts (including by electronic transmission), each of which will be deemed an original. (d) Headings. The headings used in this Second Amendment are for convenience of reference only and are not to affect the construction of or to be taken into consideration in interpreting this Second Amendment. (e) Governing Law. This Second Amendment will be governed by and construed in accordance with the Disputes/Governing Law provision as set forth in the Agreement. IN WITNESS WHEREOF the parties have executed this Amendment on the respective dates specified below with effect from the date specified on the first page of this Second Amendment. NextEra Energy Marketing,LLC and City of West Memphis,Arkansas (Name of Party) (Name of Party) By: By: QKGO C Name: Name.. Title: Title:tas,/t Date: Date: Q- - p`7 s,/ag/ /� � NEMLegal Approval:LSP ! ATTEST: - • City Clerk 2 EXHIBIT 9 Winter Capacity Terms and Conditions: Seller: NextEra Energy Marketing,LLC Buyer: City of West Memphis,Arkansas J Product: Zonal Resource Credits ("ZRCs"). All ZRCs shall be sourced from Capacity Resource(s)located within MISO Local Resource Zone 8. One ZRC shall represent one megawatt ("MW") of Seasonal Accredited Capacity ("Capacity"), as a credit in the MISO Module E Capacity Tracking ("MECT") system, which is eligible to be offered by a Market Participant into the MISO Planning Resource Auction ("PRA"), to be sold bilaterally, and /or to be submitted through a Fixed Resource Adequacy Plan("FRAP"). "MISO Documents" means the Midcontinent Independent System Operator, Inc. ("MISO") (i) Open Access Transmission, Energy and Operating Reserve Markets Tariff ("ASM Tariff') on file with the FERC, as may be amended from time to time; and (ii) the MISO Business Practice Manuals, as the same may be amended from time to time. In the event of any inconsistency in the MISO Documents,the ASM Tariff shall prevail. Term: Winter Season, defined as December 1, 2024 through and including February 28,2025. Contract Quantity: 43 MW ZRCs, Zone 8, for the Winter Season Contract Price: $3.00/kW-month Total Payment Amount: $387,000 for the Winter Season Special Conditions: 1. Performance,Title&Delivery. (a) Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, Product, subject to the provisions of this Confirmation Letter. Seller shall be responsible for the proper registration in MISO of the Planning Resource(s) from which the Product originates (each a "Contract Planning Resource"). Seller shall also be obligated to (i) meet and perform, or cause a third party to meet and perform, all of the obligations of the MISO Documents associated with such Contract Planning Resource(s) and (ii) ensure that the Contract Planning Resource(s) remains available and qualified as a Capacity Resource and participates in the MISO market in accordance with the MISO Documents during the entirety of the applicable Term and not have a status change to "retired" or "suspended" or similar designation. Seller shall be 3 • responsible for any costs or charges imposed on or liabilities associated with such obligations or Seller's failure to meet and perform such obligations, including any costs of charges resulting from Buyer's procurement of replacement capacity that is not (i) excused by Buyer's failure to perform or(ii) caused by an event of Force Majeure. (b) Seller warrants good and marketable title to the Product delivered hereunder and agrees to indemnify and hold harmless Buyer from all claims, liabilities, taxes, and damages arising in relation or in respect to(i)the Product prior to delivery of the Product to Buyer and (ii) any failure of Seller to perform an obligation imposed on Seller by this Confirmation Letter. Buyer agrees to indemnify and hold harmless Seller from all claims, liabilities, taxes, and damages arising in relation or respect to the Product after delivery of the Product to Buyer except • with respect to any costs of charges imposed on or liabilities associated with Seller's performance of all of Seller's obligations under the MISO Documents associated with such Contract Planning Resource(s) or Seller's failure to meet or perform such obligations. (c) Seller shall accomplish delivery of the Contract Quantity for the applicable Term by submitting the appropriate transaction(s) in the MECT and ensuring that sufficient ZRCs are available in Seller's MECT account to allow Buyer's designee to confirm the ZRC transaction prior to March 26, 2024 ("Transfer Deadline"). Seller shall give prompt written notice to Buyer's designee of such submittal. Buyer's designee shall accomplish receipt of such Contract Quantity by confirming the appropriate transaction(s) in the MECT as soon as practicable, but no later than the Transfer Deadline. The submitting and confirming of the appropriate transaction(s) in the MECT shall be conducted in good faith by the Parties in accordance with the requirements of the MISO Documents and other applicable rules adopted by the MISO regarding the MECT. Buyer shall have no obligation to accept delivery, and Seller shall have no obligation to provide any Product after any applicable Transfer Deadline; provided that the Parties will settle any failure by Seller to deliver all or a portion of the Contract Quantity in accordance with Section 3 below. 2. Payment Terms. After completing delivery of the Contract Quantity in accordance with Section 1(c) above, Seller shall provide Buyer with an invoice for the Total Payment Amount. Such invoice shall be due and payable by Buyer on or before the tenth (10th) Business Day after Buyer's receipt of such invoice. The Parties acknowledge and agree that the payment terms described herein shall supersede and replace Section 6.1 and Section 6.2 of the Agreement for purposes of this transaction. 3. Liability for Non-Performance. (a) Seller's Failure to Deliver. If Seller fails to deliver all or part of the Product specified by the relevant Transfer Deadline and such failure is not excused by Buyer's failure to perform under Section 1(c) or by an event of Force Majeure, then Seller shall pay Buyer, within five (5) Business Days of invoice receipt, an amount equal to the Seller Seasonal Non-Performance Payment. 4 "Seller Seasonal Non-Performance Payment" means, for each Season in which Seller failed to deliver,the positive difference,if any,obtained by subtracting the Contract Price from the applicable Replacement Price, and multiplying that amount (i) by 1000 (to convert kW to MW), (ii) by 3 (to reflect the number of months in a Season) and lastly(iii)by the undelivered Contract Quantity. "Replacement Price" means, for the Winter Season, the Auction Clearing Price ("ACP") for Capacity, stated in $/kW-month, for Local Resource Zone 8, as determined in the annual MISO Planning Resource Auction. In addition, and subject to a failure to deliver by Seller that is not excused by Buyer's failure to perform or by an event of Force Majeure, the Seller shall pay to Buyer all penalties and/or reasonable charges directly assessed to Buyer resulting directly from Seller's failure to deliver all or part of the Product; provided, however, that Seller shall not be liable for any Capacity Deficiency Charges or similar penalties assessed to Buyer resulting from Buyer's election to become deficient in the Planning Resource Auction. The invoice from Buyer to Seller for any amount owed by Seller to Buyer pursuant to this provision shall include a written statement explaining in reasonable detail the calculation of such amount. (b) Buyer's Failure to Receive. In the event that Buyer fails to receive(purchase) all or part of the Product specified by the Transfer Deadline and such failure is not excused by Seller's failure to perform under Section 1 (c) of this Agreement, or by an event of Force Majeure, then Buyer shall pay Seller, within five (5) Business Days of invoice receipt, an amount equal to the Buyer Seasonal Non- Performance Payment. "Buyer Seasonal Non-Performance Payment" means, for each Season in which Buyer failed to receive, the positive difference, if any, obtained by subtracting • the applicable Replacement Price(as defined above)from the Contract Price, and multiplying that amount (i) by 1000 (to convert kW to MW), (ii) by 3 (to reflect the number of months in a Season) and lastly (iii) by the unreceived Contract Quantity. The invoice from Seller to Buyer for any amount owed by Buyer to Seller pursuant to this provision shall include a written statement explaining in reasonable detail the calculation of such amount. (c) Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party's performance or non-performance of this Confirmation Letter. 5 e • 4. Limitation of Remedies. The Parties acknowledge and agree that the remedies set forth in paragraph 3 above shall supersede and replace the remedies set forth in Article 5 of the Agreement for purposes. of this transaction. 5. Warranty of Authority. Seller hereby warrants that it has all necessary authority, rights and powers to sell the Product to Buyer, including but not limited to any federal tariff or other federal authorization that may be necessary to make a sale in interstate commerce of the Product. • • • West Memphis Utilities • • Owens Substation Relay and Control House DOCUMENT 00 44 52 • RECOMMENDATION FOR EQUIPMENT CONTRACT AWARD \. We have evaluated the bids for the Owens Substation, Relay and Control House. After careful - consideration and evaluation,we have found that Modular Connections, LLC provided the low price proposal in the amount of$198,458.00 that,after clarification,meets all contract specifications and Addendum 1,and includes use-tax'as applicable. The lowest price proposal was made by.VFP;Inc,in the amount of$198,232.00; however;it did not include ship loose equipment necessary for the change of thel3 kV breakers from Capacitive trip to DC_ trip or use tax which, when added,would exceed the cost difference between the two proposals: - Additionally,VFP's initial proposal did not agree to liquidated damages and included Fuel escalation. . • Modular`Connections, LLC's proposal offers a delivery of 36 weeks after receipt of the order, which will- allowfor installation during the West Memphis Utilities reduced system load period during Fall 2024. We recommend that West Memphis Utilities accept the Modular Connections;LLC proposal price of $198,458.00. We recommend that West Memphis Utilities execute the attached Acceptance Form, then prepare a Purchase Order to Modular Connections, LLC at the address-below. - Jon Grayson - - Modular Connections, LLC • 1090 Industrial Boulevard Bessemer,AL 35022 please DO NOT send these documents to Modular Connections, LLC. Please scan,email,and forward the original Acceptance Form and Purchase Order to our office at the address below as soon as possible. Upon receipt,we will notify the successful bidder. Upon notification of award,the Bidder will submit the required certificates of insurance and contractor's bonds. Fisher&Arnold;Inc.will prepare bound copies • of the executed contract documents and issue them to both you and the Contractor. Please email and mail documents to: • J. Mark Roberts, P.E. - Fisher&-Arnold, Inc. 9180-Crestwyn Hills Drive - Memphis,TN 38125 ! • Email:mroberts@fisheramold.com • . i - We have enclosed copies of our bid tabulation, evaluation, and the recommended Modular Connections, LLC proposal. You should have received copies of all proposals prior to bid opening. We will retain the original documentation from the recommended bidder for contract preparation. Please contact us if you have any questions or'require any further information regarding this contract award recommendation. N Fisher&Arnold, Inc. „ . Engine By: RECEIVED J.Mark Ro efts, P.E. Z/P1 `4/Z ( p tCitY iCIS " /2// Date! END OF DOCUMENT Copyright 0 2024 Fisher&Arnold, Inc. . Recommendation for. (Rev 07/0812022) , Equipment Contract Award WSTMPHUT.0004EL - 00 44 52-1 k//7/,t . 00 44 20 Bid Tabulation.wpd /j r C�+erttiVam (/',i� Me w�'�r_ . //�l Project Name Ciewpi_c scfh / t Contract Name A 7 a�,�{ (fi.,.(rd AvP. DOCUMENT 00 44 20 BID TABULATION Date:- /Okle 7n a Time: /.7 . 25/ By, A/I . GantasLP-erson,Enyirleer � r/77' Fisher&Arnold, Inc. ��^ /"� Witness:: • No. BIDDER , TOTAL BID PRICE COMMENTS I I irf s ' /` 6 taeo Pre/vi/) 2 . Mo k Is iGl LDS AieeKS, �i40 3 f foG I s a( y s 60—70 eel'4 J Is 116 PC„ Zo-r2 1,,,Peic> 44d I $ Notes: END OF DOCUMENT Co'pyr.ht© 2022 Fisher&Arnold, Inc.(Rev. 05/28/2010) Bid Tabulation 00 44 20 o. 4sr ,rtfOr. ooa't/. • • West Memphis Utilities Owens Substation • • • Relay and Control House DOCUMENT 00 44 52 • RECOMMENDATION FOR EQUIPMENT CONTRACT AWARD We have evaluated the bids for the Owens Substation, Relay and Control House. After careful consideration and evaluation,we have found that Modular Connections, LLC provided the low price proposal in,the amount of$198,458.00 that, after clarification, meets all contract specifications and Addendum 1,and includes use tax as applicable. The lowest price proposal was made byVFP, Inc, in the amount of$198,232.00; however,it did not include ship loose equipment necessary for the change of the13 kV breakers from Capacitive trip to DC trip or,use.tax which,when added, would exceed the cost difference between the two proposals. Additionally,VFP's initial proposal did not agree to liquidated damages and included Fuel escalation: • Modular Connections, LLC's proposal offers a delivery of 36 weeks after receipt of the order, which will • allow for installation during the West Memphis Utilities reduced system load period during Fall 2024. We recommend that West Memphis Utilities accept the Modular Connections, LLC proposal price of - $198,458.00. We recommend that West Memphis Utilities execute the attached Acceptance Form, then prepare a Purchase Order to Modular Connections, LLC at the address below. Jon Grayson , Modular Connections, LLC 1090 Industrial Boulevard ) : Bessemer,AL 35022 • • Please DO NOT send these documents to Modular Connections, LLC. Please scan, email, and forward the original Acceptance Form and Purchase Order to our office at the address below as soon as possible. • Upon receipt,we will notify the successful bidder. Upon notification of award, the Bidder will submit the required certificates of insurance and contractor's bonds. Fisher&Arnold, Inc.will prepare bound copies of the executed contract documents and issue them to both you and the Contractor. Please email and mail documents to: J. Mark Roberts, P.E. • Fisher&Arnold, Inc. • • • 9180 Crestwyn Hills Drive • Memphis,TN 38125 . Email:mrobertsCa?fisherarnold.com We-have enclosed copies of our bid tabulation, evaluation, and the recommended Modular Connections, LLC proposal. You should have received copies of all proposals prior to bid opening. We will retain the original documentation from the recommended bidder for contract preparation. Please contact us if you have any questions or require any further information regarding this contract award recommendation. • Fisher&Arnold. Inc. ,,. Engine • By: / J. Mark Roberts, RE. z_/ti ` L Date • • END OF.DOCUMENT • Copyright©2024 Fisher&Arnold, Inc: Recommendation for (Rev 07/08/2022) Equipment Contract Award WSTMPHUT.0004EL - 00 44 52- 1 00 44 20 Bid Tabulation.wpd r� Client m 1./`. T� l`'�����1� aO//�� Project Name avp4 Contract Name DOCUMENT 00 44 20 • BID TABULATION Date: I0/ 1e. Time: By: r (A/j./..L.''.. . . . . rartact P'cser+— ngineer ' . Fisher&Arnold, Inc. ��^ Witness//�7�z— No. BIDDER TOTAL BID PRICE COMMENTS S / (� r Z_ L,/e0 o f,pi-Pc`/$ 2- Modok • s ' ig 615-ei Wee/LS. 440 3 =�PG . CAD— 70 v eee6 7) ed Sf $ /1 Yy(e Zo-7 yp f/c $ Notes: • END OF DOCUMENT Copyri ht© 2022 Fisher&Arnold, Inc. (Rev.05/28/2019) - Bid Tabulation . W7r Alf6( °gag-/ 00 44 20