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A RESOLUTION OF THE CITY OF WEST MEMPHIS THROUGH THE ALDERMEN TO
AUTHORIZE THE MAYOR OF SAID CITY TO EXECUTE A UTILITY POLE MANAGEMENT
ADVISORY SERVICE AGREEMENT
WHEREAS, the City of West Memphis desires to regulate and oversee the use of its Utility
poles;
WHEREAS, Local Government Services, LLC has available a Utility pole management
advisory service to assist the City in such regulation;
NOW THEREFORE BE IT RESOLVED, that the Mayor of the City of West Memphis is
hereby authorized to execute an Utility pole management advisory service agreement on behalf of the
City in substantially the same form as Appendix A which is attached to and made a part of this
resolution.
RESOLVED by the Mayor and Aldermen of the City of West Memphis this Ca- day
of
1..70Pe". , 20 13 .
ATTEST:
Mayor:
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C • City of West Memphis
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(SEAL)
RECEIVED
City Clerk's () 1.:vj _Iewt)
ow.
Date/TI e
By
AGREEMENT BETWEEN
THE CITY OF WEST MEMPHIS
AND
LOCAL GOVERNMENT SERVICES, LLC
FOR ELECTRIC POLE MANAGEMENT ADVISORY SERVICES
WHEREAS, the City of West Memphis ("City") desires to provide regulation and oversight of
the use of its electric poles for services being provided to the citizens of the City;
WHEREAS, Local Government Services, LLC ("LGS") has available an electric pole
management advisory service offered through a Joint Service Agreement with LGS as an
independent contractor of the Arkansas Municipal League; and
WHEREAS,the City has a need for such electric pole management advisory service.
THEREFORE, THE CITY AND LGS AGREE AS FOLLOWS:
Section 1. Service options provided to the City of West Memphis
LGS agrees to provide, directly or through its agents or subcontractors, the following service
options chosen by the City, which are to be known as the LGS Electric Pole Management
Advisory Service (a separate fee applies to each option, and such fee is for the one-time
provision of such service option):
a) x Negotiating joint use pole attachment agreement with Telephone Company and a pole
attachment agreement with Cable Television Company. Cost: $6,000.00 for joint use pole
attachment agreement with Telephone Company and a separate charge of $6,000.00 for pole
attachment agreement negotiated with Cable Television Company plus out of pocket expenses if
applicable. Total Cost$12,000.00 for two (2) pole attachment negotiations.
b) _x_ Pole Attachment Count: Inventory all poles and identify attachments on City and foreign
owned poles. This information will be indicated on a map providing the approximate pole
location using the City's approved marking system. All information captured in the field will be
stored in an electronic database or spreadsheet. The total joint attachment count information will
be summarized by joint use company. Cost: $1.60 per pole visited plus out of pocket expenses.
In the event that the City at a later date desires to obtain additional or repeat services offered
pursuant to this Section 1, the parties to the agreement may execute an addendum or addenda to this
agreement for the City to obtain such services
Section 2. Effective Date, Payment and Termination.
a) This agreement shall become effective upon the signature by the parties.
b) The total obligation of the City under this agreement, for the service option chosen under Section
1 (a)of this Agreement shall be $12,000.00 and the total obligation of the City for Section 1 (b)
shall be $1.60 per pole visited plus out of pocket expenses incurred by LGS, its agents,
employees or subcontractors arising out of this Agreement. Out of pocket expenses shall include,
but are not limited to postage, transportation, meals and lodging if required and shall not exceed
$1,000.00 in total for the service options chosen unless mutually agreed to by LGS and the City
in advance and the expenses are known in advance. LGS shall provide to the City documentation
sufficient to substantiate any out of pocket costs.
c) The City shall pay LGS 50%of the total obligation for the service option listed in Section 1(a)
when this Agreement is executed and 50%of the total remaining obligation when the service
performed for the City pursuant to this Agreement is completed to the satisfaction of the City.
The City shall pay LGS for the service option listed in Section 1(b)upon completion of the pole
count and report issued to the City.
d) Either party may terminate this agreement at any time upon thirty(30)days written notice to the
other party. LGS shall be entitled to payment for services rendered to the city, including
compensation due for additional services reasonably substantiated by LGS as of the effective date
of termination.
Section 3. Hold Harmless and Indemnification.
Each party shall bear the responsibility for liability for negligence, errors or omissions of its own
officers, agents, employees or subcontractors in carrying out this agreement. LGS, its agents or
subcontractors shall have adequate insurance to protect the City from all damages and/or losses. LGS
shall provide the City with a certificate of insurance setting out the types of insurance and amounts.
Section 4. Amendments.
This contract may be amended by future written agreements executed on behalf of the City and LGS.
Section 5. Law Applicable.
This agreement shall be construed under the laws of the State of Arkansas.
EXECUTED ON BEHALF OF THE CITY OF WEST MEMPHIS ARKANSAS THIS DAY
OF , 20_.
ATTEST: Mayor:
City of West Memphis
By EXECUTED ON BEHALF OF LOCAL
GOVERNMENT SERVICES, LLC
(SEAL)
By
Member