The URL can be used to link to this page

Home My WebLink About2011-10-04 - Agendas - Final113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 Final Agenda City of Fayetteville Arkansas City Council Meeting October 4, 2011 A meeting of the Fayetteville City Council will be held on October 4, 2011 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: 1. JWC Environmental (Channel Monster Grinder): An ordinance waiving competitive bidding and approving an agreement with JWC Environmental in the amount of $28,472.37 for repair of a channel monster grinder. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5443 A. Consent: 1. Approval of the September 20, 2011 City Council meeting minutes. APPROVED Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith Aldermen Ward 1 Position 1 – Adella Gray Ward 1 Position 2 – Brenda Boudreaux Ward 2 Position 1 – Mark Kinion Ward 2 Position 2 – Matthew Petty Ward 3 Position 1 – Justin Tennant Ward 3 Position 2 – Robert Ferrell Ward 4 Position 1 – Rhonda Adams Ward 4 Position 2 – Sarah E. Lewis 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 2. 2011 Justice Assistance Grant (JAG): A resolution approving acceptance of a 2011 Justice Assistance Grant through the U.S. Department of Justice in coordination with other Washington County law enforcement agencies and approving a budget adjustment in the amount of $88,866.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 172-11 3. Internal Revenue Service (IRS) Task Force: A resolution approving a budget adjustment in the amount of $41,405.00 to recognize revenue and expenses related to city participation in the local Internal Revenue Service (IRS) Task Force for the fiscal years of 2010-2011 and 2011-2012. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 173-11 4. Bid #11-49 Second Nature Property Management, LLC: A resolution awarding Bid #11-49 and approving a contract with Second Nature Property Management, LLC in the amount of $151,371.34 for the construction of a modular block retaining wall near the Garland Avenue U of A Farm Trail tunnel, and approving a twenty percent (20%) project contingency. THIS ITEM WAS REMOVED FROM CONSENT FOR DISCUSSION. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 174-11 5. Bid #11-54 Alarmtec Systems: A resolution awarding Bid #11-54 and approving a contract and change order with Alarmtec Systems in the total amount of $166,500.00 for construction of security improvements at Drake Field. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 175-11 6. Bid #11-55 All Around Landscaping, Inc.: A resolution awarding Bid #11-55 and approving a contract with All Around Landscaping, Inc. in the amount of $66,704.00 from the tree escrow fund for the purchase and planting of trees, and approving a ten percent (10%) project contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 176-11 7. Police Department Policies: A resolution approving Fayetteville Police Department Policies 25.1 Grievance Procedures, 35.1 Performance Evaluation, and 61.4.3 Towed Vehicles. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 177-11 8. Washington Regional Medical Center Real Estate Conveyance Agreement: A resolution to approve the Real Estate Conveyance Agreement with Washington Regional Medical Center. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 178-11 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 B. Unfinished Business: 1. Revised Ward Boundaries: An ordinance to approve revised Ward Boundaries to equalize ward populations after the 2010 Federal Census and to amend §32.03 of the Fayetteville Code. This ordinance was left on the Second Reading at the September 20, 2011 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5444 2. RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights): An ordinance rezoning that property described in rezoning petition RZN 11-3866, for approximately 28.93 acres located at 2013 East Mission Boulevard from R-PZD, Residential Planned Zoning District (R-PZD 06-2299 Ruskin Heights), to CS, Community Services; NC, Neighborhood Conservation; and RSF-4, Residential Single Family, 4 units/acre, subject to a Bill of Assurance. This ordinance was left on the Second Reading at the September 20, 2011 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5445 C. New Business: 1. Arkansas State Highway (Crossover Road): A resolution authorizing payment of $1,306,160.16 to the Arkansas State Highway and Transportation Department as the City’s portion of construction costs associated with the widening of State Highway 265 (Crossover Road) from Mission Boulevard to Joyce Street, and approving a $200,000.00 contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.179-11 2. RZN 11-3892 (Fayette Junction Master Plan): An ordinance rezoning that property described in rezoning petition RZN 11-3892, for select properties located within the Fayette Junction Master Plan area totaling approximately 225 acres. THIS ITEM WAS LEFT ON THE SECOND READING. 3. RZN 11-3916 (Holcomb Heights PZD/TTO LLC: An ordinance rezoning that property described in rezoning petition RZN 11-3916, for approximately 19.24 acres, located at the southwest corner of Salem and Weir Road from R-PZD, Residential Planned Zoning District (06-2281 Holcomb Heights I and 07-2613 Holcomb Heights II), to RSF-8, Residential Single-Family, 8 units per acre. THIS ITEM WAS LEFT ON THE SECOND READING. 4. ADM 11-3943 Belclaire Subdivision-Amendment to Bill of Assurance): An ordinance to amend Section 3 of Ordinance No. 4605 to amend the Bill of Assurance to reduce the minimum house size from 2,400 square feet to 2,000 square feet. THIS ITEM WAS LEFT ON THE SECOND READING. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 5. ADM 11-3948 (Oakland Courts Right-of-Way Dedication): A resolution to approve a lesser right-of-way dedication than required by the Master Street Plan for property located on Storer Avenue between North Street and Hazel Street. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 180-11 6. Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees: An ordinance to amend Article XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees to codify uniform eligibility and attendance requirements, to repeal Resolution No. 27-01 and to amend or repeal any conflicting code sections. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5446 7. 2011 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas for the year 2011 fixing the rate thereof at 1.3 mills for General Fund operations, 0.4 mills for the Firemen’s Pension and Relief Fund, 0.4 mills for the Policemen’s Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5447 Announcements: Adjournment: 7:45 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville, Arkansas. City Council Meeting: October 4r20ll Adjourn: 1 i 4S p, fnl ' Subject:Roll Petty fennant t/ Ferrell t/ Adams Lewis Gray Boudreaux Kinion Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Ferrell Adams Lewis Gray Boudreaux Kinion Mayor Jordan City Council Meeting: October 4,2011 Subject:fulC ânu¡nu^/tt*r^ê"Í - (/Aa^*Å Å"iø'*,-s&* "#rì*é**" Motion To:Ldd l-o /^l (Lann.Íau &.nd &*Å -5/,ã Ñ¿^"#P"n*- Motion By: U {)p#fr-tno* Seconded: ql #dgrr"æ¿-/J,0 t tl ''Ç,ñ^^,fr^* edd"Å .gp '44's #ry**Ê"x" þat>r*-J "@#*æ* ó443 Petty l¿ Tennant L/tro F errell ü-bsew*' &,¡¡¿i*¿*'*4{*ø t;ntt S t¡ Adams g Lewis tf if Gray tr eê I/ Boudreaux t/'î/ Kinion r'g' Mayor Jordan p-p 8-o I "û 8-e Subject: Motion To: Motion By: Seconded: Petty fennant Ferrell Adams Lewis Gray Boudreaux Kinion Mayor Jordan City Council Meeting:October 4,2011 consenr : ß¡Å & tt-p{ óue.rn# Ñffiea,P¿rrcro#1 /tûr,* Motion To: J*æ't &*u*ud 1r',* C*,tseeÐ{' n4inu.tw lrl2_-\ .l{wu- Tennant Subject:(Ãnn u^,#,D,*on^,# f M#*u#*7-*,.#"M*p*æ*# Motion To:úrw^¿^rþ r#*f,l æn ûnw#u*:û*-*- {Å Motion By:&,n-#,+r ñr Å*É-&r¡,,Å*n^0.ø Seconded:Jtt ¿'",1.<ffi **"0*. ÐaauÅJ--ã RuøÊ**¡sø Petty ,-/ Tennant Ferrell Ê.{ Adams ,./ Lewis Ø-/ Gray Boudreaux t¿ Kinion f Mayor Jordan 8-og"û City Council Meeting:October 4,2011 Subject:Revised Ward Boundaries Motion To:lrd &.æ P** Motion By:lon,o'* Seconded:'Í'n ^r{^^r B. 1 Unfinished Business WÑ 5L\q't Petty Tennant Ferrell Adams Lewis Gray Boudreaux tf Kinion Mayor Jordan g-#g',¿ Subject:RZN 11-3866 Q0l3 E. Mission Blvd./Ruskin Heights) Motion To:lrd Pr{Ì*Å P** Motion By:b*^. Seconded:6"X*',* 8.2 Unfinished Business PW 6L\,+6 Petty t/ Tennant f Ferrell "/Vf Adams l,{ Lewis tl Gray Boudreaux Kinion ,r/ Mayor Jordan Vû K' .ù City Council Meeting:October 4,2011 Subject:Arkansas State Hishwav (Crossover Road) Motion To:ñ,* un,nr,-ø* Motion By: Ì! 11I ,Pt ir ñ," Seconded:B*å^*,* c. I New Business M"4*#Ü -***'* I'14- tl Petty Tennant Ferrell v{ Adams ,{ Lewis à{ Gray Boudreaux {_ Kinion ð Mayor Jordan g't Subject:RZN 11-3892 (Favette Junction Master Plan) Motion To:enJ "m^J Motion By:{kn*ß*ñßH Seconded:"é ø,^t;< c.2 New Business !a+ e' "!"&û &nå -.l.n*Å;oro ft U Petfy { Tennant Ferrell Adams J{ Lewis V Gray V Boudreaux V Kinion d Mayor Jordan eQ City Council Meeting:October 4,2011 Subject:RZN 11-3916 (Holcomb Heights PZD/ITO LLC Motion To:a n,Å P*"Á Motion By:** ^* r ê,ß Seconded:&â*ls nvrf*r"e.f c.3 New Business /rp w d* e"N ."Ñ*&,Y Petfy ¿ Tennant Ø Ferrell ,f Adams { Lewis æ Gray ëf Boudreaux Ø Kinion æ' Mayor Jordan 8-o Subject:ADM ll-3943 Belclaire Subdivision-Amendment to Bill of Assurance) Motion To: *a *tJ ffi^ ß Motion By:äi r&æ¡"¡ì \ Seconded:# W h, a*¡¿r, c.4 New Business {,-ç* ø^ W #-M &*d u*g *"@#""*tr*€ Petfy *Fü1/ Tennant ø" Ferrell W Adams È{ Lewis tl Gray Boudreaux Kinion rf Mayor Jordan g# City Council Meeting:October 4120ll ADM 11-3948 (Oakland Courts Rieht-of-\üay Dedication Motion To: c.5 New Business Boudreaux Mayor Jordan 8-a Subject:Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees Motion To:2^ã f*r"æ 3v-# W-*ß þ* ** Motion By:/tt u,;^c Ðt¡nøM Seconded:å*^o'Ê'f {n¡na*u- c.6 New Business Þau,""Å! -æ 5 \qb Petty é ë,ê { Tennant tæ W w Ferrell {t{f Adams é"ø @" Lewis ,f É { Gray ø g V Boudreaux ¿d w Kinion ù/W æ Mayor Jordan w-ü #"& City Council Meeting: October 4o20Il Subject:2011 Mitlase Lew Motion To: ^*.næÅ Wr ^*ß &nrß ffi*#&^^- Motion By: I t-A .alâxnøÅ!ffi-n ^o,.r-# Seconded:8*-.&vw*u-Ë"*tæÅ c.7 New Business Þa¿¿rr# g I 'æ 6+q1 Petty #,/ Tennant '/V V Ferrell ,/d b{ Adams w V Lewis Lf w"¿'v Gray w'" Boudreaux ,/ Kinion f ës' Mayor Jordan ff*u ff"P #-a Subject: Motion To: Motion By: Seconded: Petty Tennant FerreII Adams Lewis Gray Boudreaux Kinion Mayor Jordan Departmental Gorrespondence ARKANSAS TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Wiltiams, City Atto rn"rUf( DATE: October 5,2011 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of October 4120ll 1. Repair of Channel Monster Grinder: An ordinance waiving competitive bidding and approving an agreement with JWC Environmental in the amount of 528,472.37 for repair of a Channel Monster Grinder. 2. 20tl Justice Assistance Grant: A resolution approving acceptance of a 20ll Justice Assistance Grant through the U.S. Department of Justice in coordination with other Washington County Law Enforcement Agencies and approving a budget adjustment in the amount of $88,866.00. 3. IRS Task Force: A resolution approving a budget adjustment in the amount of $41,405.00 to recognize revenue and expenses related to City participation in the local Internal Revenue Service Task Force for the Fiscal Years of 2010-2011 and 20ll-2012. 4. Bid 11-49 2nd Nature Property Mgmt., LLC: A resolution awarding Bid #ll-49 and approving a contract with Second Nature Property Mgmt., LLC in the amount of $138,555.00 for the construction of a modular block retaining wall near the Garland Avenue U of A Farm Trail Tunnel, and approving a 20Yo project contingency. 5. Bid #11-54 Alarmtec Systems: A resolution awarding Bid #11-54 and approving a contract and change order with Alarmtec Systems in the total amount of $166,500.00 for construction of security improvements at Drake Field. Kit Williams Cily Attorne¡' Jason Il. Kelley As s istant City Attorney 6. Bid #11-55 All Around Landscaping, Inc.: A resolution awarding Bid #11-55 and approving a contract with All Around Landscaping, Inc. for the amount of $66,704.00 from the Tree Escrow Fund for the purchase ãnd planting of trees, and approving a l0% project contingency. 7. Police Department Policies: A resolution approving Fayetteville police Department Policies 25.1 Grievance Procedures, 35.1 Perforunance Evaluation, and 61.4.3 Towed Vehicles. 8. \ilRMC Real Estate Conveyance Agreement: A resolution to approve the Real Estate Conveyance Agreement with Washington Regional Medical Center. 9. Revised Ward Boundaries: A ordinance to approve revised Ward Boundaries to equalize ward populations after the 2010 Federal Census and to amend $32.03 of the Fayetteville Code. 10. Arkansas State Highway (Crossover Road): A resolution authorizing payment of $1 ,306,160.16 to the Arkansas State Highway and Transportation Department as the City's portion of construction costs associated with the widening of State Highway 265 (Crossover Road) from Mission Boulevard to Joyce Street, and approving a $200,000.00 contingency. 11. Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions, and Committees: An ordinance to amend Article XXI Rutes of Conduct for All Fayetteville Boards, Commissions and Committees to codiff uniform eligibility and attendance requirements, to repeal Resolution No. 27-01 and to amend or repeal any conflicting code sections. 12. 20ll Millage Levy: An ordinance levying a tax on the Real and Personal Property within the City of Fayetteville, Arkansas, for the year 201I fixing the rate thereof at 1.3 mills for General Fund operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's PensiSon and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 Final Agenda City of Fayetteville Arkansas City Council Meeting October 4, 2011 A meeting of the Fayetteville City Council will be held on October 4, 2011 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the September 20, 2011 City Council meeting minutes. 2. 2011 Justice Assistance Grant (JAG): A resolution approving acceptance of a 2011 Justice Assistance Grant through the U.S. Department of Justice in coordination with other Washington County law enforcement agencies and approving a budget adjustment in the amount of $88,866.00. 3. Internal Revenue Service (IRS) Task Force: A resolution approving a budget adjustment in the amount of $41,405.00 to recognize revenue and expenses related to city participation in the local Internal Revenue Service (IRS) Task Force for the fiscal years of 2010-2011 and 2011-2012. Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith Aldermen Ward 1 Position 1 – Adella Gray Ward 1 Position 2 – Brenda Boudreaux Ward 2 Position 1 – Mark Kinion Ward 2 Position 2 – Matthew Petty Ward 3 Position 1 – Justin Tennant Ward 3 Position 2 – Robert Ferrell Ward 4 Position 1 – Rhonda Adams Ward 4 Position 2 – Sarah E. Lewis 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 4. Bid #11-49 Second Nature Property Management, LLC: A resolution awarding Bid #11-49 and approving a contract with Second Nature Property Management, LLC in the amount of $151,371.34 for the construction of a modular block retaining wall near the Garland Avenue U of A Farm Trail tunnel, and approving a twenty percent (20%) project contingency. 5. Bid #11-54 Alarmtec Systems: A resolution awarding Bid #11-54 and approving a contract and change order with Alarmtec Systems in the total amount of $166,500.00 for construction of security improvements at Drake Field. 6. Bid #11-55 All Around Landscaping, Inc.: A resolution awarding Bid #11-55 and approving a contract with All Around Landscaping, Inc. in the amount of $66,704.00 from the tree escrow fund for the purchase and planting of trees, and approving a ten percent (10%) project contingency. 7. Police Department Policies: A resolution approving Fayetteville Police Department Policies 25.1 Grievance Procedures, 35.1 Performance Evaluation, and 61.4.3 Towed Vehicles. 8. Washington Regional Medical Center Real Estate Conveyance Agreement: A resolution to approve the Real Estate Conveyance Agreement with Washington Regional Medical Center. B. Unfinished Business: 1. Revised Ward Boundaries: An ordinance to approve revised Ward Boundaries to equalize ward populations after the 2010 Federal Census and to amend §32.03 of the Fayetteville Code. This ordinance was left on the Second Reading at the September 20, 2011 City Council meeting. Left on the Second Reading 2. RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights): An ordinance rezoning that property described in rezoning petition RZN 11-3866, for approximately 28.93 acres located at 2013 East Mission Boulevard from R-PZD, Residential Planned Zoning District (R-PZD 06-2299 Ruskin Heights), to CS, Community Services; NC, Neighborhood Conservation; and RSF-4, Residential Single Family, 4 units/acre, subject to a Bill of Assurance. This ordinance was left on the Second Reading at the September 20, 2011 City Council meeting. Left on the Second Reading C. New Business: 1. Arkansas State Highway (Crossover Road): A resolution authorizing payment of $1,306,160.16 to the Arkansas State Highway and Transportation Department as the City’s portion of construction costs associated with the widening of State Highway 265 (Crossover Road) from Mission Boulevard to Joyce Street, and approving a $200,000.00 contingency. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 2. RZN 11-3892 (Fayette Junction Master Plan): An ordinance rezoning that property described in rezoning petition RZN 11-3892, for select properties located within the Fayette Junction Master Plan area totaling approximately 225 acres. 3. RZN 11-3916 (Holcomb Heights PZD/TTO LLC: An ordinance rezoning that property described in rezoning petition RZN 11-3916, for approximately 19.24 acres, located at the southwest corner of Salem and Weir Road from R-PZD, Residential Planned Zoning District (06-2281 Holcomb Heights I and 07-2613 Holcomb Heights II), to RSF-8, Residential Single-Family, 8 units per acre. 4. ADM 11-3943 Belclaire Subdivision-Amendment to Bill of Assurance): An ordinance to amend Section 3 of Ordinance No. 4605 to amend the Bill of Assurance to reduce the minimum house size from 2,400 square feet to 2,000 square feet. 5. ADM 11-3948 (Oakland Courts Right-of-Way Dedication): A resolution to approve a lesser right-of-way dedication than required by the Master Street Plan for property located on Storer Avenue between North Street and Hazel Street. 6. Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees: An ordinance to amend Article XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees to codify uniform eligibility and attendance requirements, to repeal Resolution No. 27-01 and to amend or repeal any conflicting code sections. 7. 2011 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas for the year 2011 fixing the rate thereof at 1.3 mills for General Fund operations, 0.4 mills for the Firemen’s Pension and Relief Fund, 0.4 mills for the Policemen’s Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas. Announcements: Adjournment: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville, Arkansas. A. 5 Bid #11-54 Alarmtec Systems Page 1 of 4 A. 5 Bid #11-54 Alarmtec Systems Page 2 of 4 A. 5 Bid #11-54 Alarmtec Systems Page 3 of 4 A. 5 Bid #11-54 Alarmtec Systems Page 4 of 4 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 1 of 2 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 2 of 2 C. 1 Arkansas State Highway (Crossover Road) Page 1 of 6 C. 1 Arkansas State Highway (Crossover Road) Page 2 of 6 C. 1 Arkansas State Highway (Crossover Road) Page 3 of 6 C. 1 Arkansas State Highway (Crossover Road) Page 4 of 6 C. 1 Arkansas State Highway (Crossover Road) Page 5 of 6 C. 1 Arkansas State Highway (Crossover Road) Page 6 of 6 C. 2 RZN 11-3892 (Fayette Junction Master Plan) Page 1 of 2 C. 2 RZN 11-3892 (Fayette Junction Master Plan) Page 2 of 2 City Council Meeting Minutes October 4, 2011 Page 1 of 12 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City of Fayetteville Arkansas City Council Meeting Minutes October 4, 2011 A meeting of the Fayetteville City Council was held on October 4, 2011 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Gray, Boudreaux, Kinion, Petty, Tennant, Ferrell, Adams, Lewis, Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: Mayor Jordan read a proclamation announcing Aviation Day in Fayetteville and presented the proclamation to Ray Boudreaux, Airport Director. Ray Boudreaux introduced members of the Airport Board. Alderman Adams: I think it is wonderful that the Airport is allowing events to be held there. Mayor Jordan welcomed the Spring International Students from the University of Arkansas and asked that they stand and be recognized. City Council Meeting Presentations, Reports and Discussion Items: None Agenda Additions: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith Aldermen Ward 1 Position 1 – Adella Gray Ward 1 Position 2 – Brenda Boudreaux Ward 2 Position 1 – Mark Kinion Ward 2 Position 2 – Matthew Petty Ward 3 Position 1 – Justin Tennant Ward 3 Position 2 – Robert Ferrell Ward 4 Position 1 – Rhonda Adams Ward 4 Position 2 – Sarah E. Lewis City Council Meeting Minutes October 4, 2011 Page 2 of 12 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 JWC Environmental (Channel Monster Grinder): An ordinance waiving competitive bidding and approving an agreement with JWC Environmental in the amount of $28,472.37 for repair of a channel monster grinder. Alderman Petty moved to amend the agenda and add JWC Environmental (Channel Monster Grinder). Alderman Adams seconded the motion. Upon roll call the motion passed 7-0. Alderman Ferrell was absent during the vote. City Attorney Kit Williams read the ordinance. Lynn Hyke, Construction and Contract Manager gave a brief description of the equipment. He states the grinder prevents blockages and overflows. Mayor Jordan apologized to the Council for the late notice. Alderman Lewis read a list of things that the grinder chews up. We have to pay to chew up this stuff so that it doesn’t get into the pumps. Lynn Hyke: That is correct. Alderman Ferrell questioned how some of the items listed were able to get into the sewer. Lynn Hyke: People dump things into the manholes. Alderman Ferrell: There are prevent screens aren’t there? Lynn Hyke: There is a prevent screen in front of it. Alderman Boudreaux moved to suspend the rules and go to the second reading. Alderman Lewis seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. A discussion followed on the dollar amount of the equipment. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5443 as Recorded in the office of the City Clerk City Council Meeting Minutes October 4, 2011 Page 3 of 12 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 Consent: Approval of the September 20, 2011 City Council meeting minutes. Approved 2011 Justice Assistance Grant (JAG): A resolution approving acceptance of a 2011 Justice Assistance Grant through the U.S. Department of Justice in coordination with other Washington County law enforcement agencies and approving a budget adjustment in the amount of $88,866.00. Resolution 172-11 as recorded in the office of the City Clerk. Internal Revenue Service (IRS) Task Force: A resolution approving a budget adjustment in the amount of $41,405.00 to recognize revenue and expenses related to city participation in the local Internal Revenue Service (IRS) Task Force for the fiscal years of 2010-2011 and 2011- 2012. Resolution 173-11 as recorded in the office of the City Clerk. Bid #11-49 Second Nature Property Management, LLC: A resolution awarding Bid #11-49 and approving a contract with Second Nature Property Management, LLC in the amount of $151,371.34 for the construction of a modular block retaining wall near the Garland Avenue U of A Farm Trail tunnel, and approving a twenty percent (20%) project contingency. This resolution was removed from the Consent Agenda for discussion. Bid #11-54 Alarmtec Systems: A resolution awarding Bid #11-54 and approving a contract and change order with Alarmtec Systems in the total amount of $166,500.00 for construction of security improvements at Drake Field. Resolution 175-11 as recorded in the office of the City Clerk. Bid #11-55 All Around Landscaping, Inc.: A resolution awarding Bid #11-55 and approving a contract with All Around Landscaping, Inc. in the amount of $66,704.00 from the tree escrow fund for the purchase and planting of trees, and approving a ten percent (10%) project contingency. Resolution 176-11 as recorded in the office of the City Clerk. Police Department Policies: A resolution approving Fayetteville Police Department Policies 25.1 Grievance Procedures, 35.1 Performance Evaluation, and 61.4.3 Towed Vehicles. Resolution 177-11 as recorded in the office of the City Clerk. City Council Meeting Minutes October 4, 2011 Page 4 of 12 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 Washington Regional Medical Center Real Estate Conveyance Agreement: A resolution to approve the Real Estate Conveyance Agreement with Washington Regional Medical Center. Resolution 178-11 as recorded in the office of the City Clerk. Alderman Tennant moved to approve the Consent Agenda as read with Bid #11-49 Second Nature Property Management, LLC removed for discussion. Alderman Adams seconded the motion. Upon roll call the motion passed unanimously. The following resolution was removed from the Consent Agenda for discussion: Bid #11-49 Second Nature Property Management, LLC: A resolution awarding Bid #11-49 and approving a contract with Second Nature Property Management, LLC in the amount of $151,371.34 for the construction of a modular block retaining wall near the Garland Avenue U of A Farm Trail tunnel, and approving a twenty percent (20%) project contingency. Chris Brown, City Engineer gave a brief description of the resolution and stated the dollar amount needed to be changed. Alderman Boudreaux moved to amend the dollar amount of the resolution to $138,555.00. Alderman Lewis seconded the motion. Upon roll call the motion passed unanimously. Alderman Boudreaux moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the resolution passed unanimously. Resolution 174-11 as recorded in the office of the City Clerk. Unfinished Business: Revised Ward Boundaries: An ordinance to approve revised Ward Boundaries to equalize ward populations after the 2010 Federal Census and to amend §32.03 of the Fayetteville Code. This ordinance was left on the Second Reading at the September 20, 2011 City Council meeting. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Boudreaux expressed her concerns about changing the effective date to July 1, 2011. City Attorney Kit Williams: The amendment to change the effective date was discussed but it was not made. City Council Meeting Minutes October 4, 2011 Page 5 of 12 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 Alderman Lewis: The request was to look at changing the date and discuss if it made sense to align it with other deadlines that are related with the election. Alderman Ferrell: Anyone that would go to the trouble to run would study and know where the wards are. Alderman Lewis: I like the idea of aligning it with when everyone will be thinking of the new ward map and it would officially begin when people are allowed to run which is after July 1. A discussion followed on when the first day to file for the election would be. Alderman Lewis: I would propose we make this effective by the filing deadline. A discussion followed on when signatures can be obtained on the paperwork that is required to run for election. Alderman Lewis stated there was a perception at the last Ward 4 meeting that they would not be a part of Ward 4. Can you talk about how the boundaries were decided on the southern part of Ward 4? John Goddard, GIS Coordinator explained the process that was used to determine the ward boundaries on the new proposed map. When we re-district our goal is to balance the population in the wards and at the same time try to keep the precincts in tack as much as possible. A discussion followed on the map. Alderman Lewis: This method is a strategic, scientific, neutral and methodical way of doing this so that you don’t get into politics and picking and choosing who is where. GIS software is a great tool for doing this kind of thing. Anyone in the whole city can come to the Ward 4 meetings. You do not have to live in Ward 4 to come to the meetings. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5444 as Recorded in the office of the City Clerk RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights): An ordinance rezoning that property described in rezoning petition RZN 11-3866, for approximately 28.93 acres located at 2013 East Mission Boulevard from R-PZD, Residential Planned Zoning District (R-PZD 06-2299 Ruskin Heights), to CS, Community Services; NC, Neighborhood Conservation; and RSF-4, Residential Single Family, 4 units/acre, subject to a Bill of Assurance. This ordinance was left on the Second Reading at the September 20, 2011 City Council meeting. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. City Council Meeting Minutes October 4, 2011 Page 6 of 12 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Attorney Kit Williams read the ordinance. Jeremy Pate, Development Services Director gave a brief description of the ordinance. Fred Sherman, resident of 2134 East Camelot Place: I am not opposed to this development but I ask that you do it in accordance with the Hillside Ordinance. I ask that you not allow street parking in this development. Don Conner, resident of 1686 Shadowridge Drive: I want to make sure that the hillside is respected and that the forest is conserved. We would like to make sure that the City Council does not change the Bill of Assurance later on. Mayor Jordan: I don’t think we can tie the hands of any future Councils. City Attorney Kit Williams: This Council or any future Council can change this. Don Conner: I just want to make sure, that as this is brought forward, they keep the flavor of what happened here. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5445 as Recorded in the office of the City Clerk New Business: Arkansas State Highway (Crossover Road): A resolution authorizing payment of $1,306,160.16 to the Arkansas State Highway and Transportation Department as the City’s portion of construction costs associated with the widening of State Highway 265 (Crossover Road) from Mission Boulevard to Joyce Street, and approving a $200,000.00 contingency. Chris Brown gave a brief description of the resolution. Alderman Ferrell: This has been through the Street Committee and when we looked at the potential savings we loved it. Alderman Lewis: Is that a new strategy for the incentive for early completion. We are paying half of that with the potential to save almost $1 million. Chris Brown: The Highway Department has used the incentive on other projects. I am not sure if they have used an incentive in the City before. They have never done one where we participated in the project. They typically use it in high traffic areas that is where they can justify paying that additional amount because there is a cost to the users for not being able to have full access to the road. City Council Meeting Minutes October 4, 2011 Page 7 of 12 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 Alderman Gray moved to approve the resolution. Alderman Boudreaux seconded the motion. Upon roll call the resolution passed unanimously. Resolution 179-11 as recorded in the office of the City Clerk. RZN 11-3892 (Fayette Junction Master Plan): An ordinance rezoning that property described in rezoning petition RZN 11-3892, for select properties located within the Fayette Junction Master Plan area totaling approximately 225 acres. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the ordinance. Alderman Boudreaux: I was a little concerned that this might affect some of the neighborhoods but it really doesn’t. This makes perfectly good sense to me and I am very much in favor of getting the hilltop and hillside rezoned out of the multi-family. Alderman Adams: On the Treat property the problem was resolved right? Jeremy Pate: Yes, there is a letter in your packet. We talked with them and everything was resolved. Alderman Adams: The process that you all used is to be commended and I appreciate that very much. Jeremy Pate: I would be remiss to not mention the Arkansas Research and Technology Park and their support from the University of Arkansas on that campus. They are not within our boundary but they certainly played a huge role in this plan. Alderman Boudreaux moved to suspend the rules and go to the second reading. Alderman Lewis seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Ferrell asked that this be left on the second reading. This ordinance was left on the Second Reading. RZN 11-3916 (Holcomb Heights PZD/TTO LLC: An ordinance rezoning that property described in rezoning petition RZN 11-3916, for approximately 19.24 acres, located at the southwest corner of Salem and Weir Road from R-PZD, Residential Planned Zoning District (06-2281 Holcomb Heights I and 07-2613 Holcomb Heights II), to RSF-8, Residential Single- Family, 8 units per acre. City Council Meeting Minutes October 4, 2011 Page 8 of 12 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the ordinance. This property has changed hands. The PZD’s have expired. Planning Commission approved this 5-4. Alderman Ferrell: Did you say what size the lots were at Salem Village? Jeremy Pate: I believe some of those lots are about 40 to 45 foot wide and at the front they are actually only about 35. Alderman Ferrell: That is a nice area. Alderman Adams: Some residents of Salem Meadows heard that this was going to be rezoned and planned to be high-rise apartments. Has that been clarified? Jeremy Pate: I was forwarded that information but this zoning district would not allow any type of multi-family uses. It does allow a duplex by conditional use just like RSF-4 does but it is the same exact type of land use pattern as RSF-4. City Attorney Kit Williams: It did not appear at the Planning Commission meeting as a fear. Alderman Lewis: People do not always understand what RSF-8 means and what that looks like. Can you explain that? Jeremy Pate briefly explained the zoning classifications. Justin Jorgensen with Jorgensen Associates gave a brief explanation of their goals for the project. The reason for the RSF-8 request is to have the ability to do a 50 foot lot. Alderman Lewis: There is an existing pond. Do you think that will stay? Justin Jorgensen: On the concept plan we utilized that pond for that plan. That is a goal and it would be a neat feature for the area. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Adams: We would like to hold this please. This ordinance was left on the Second Reading. City Council Meeting Minutes October 4, 2011 Page 9 of 12 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 ADM 11-3943 Belclaire Subdivision-Amendment to Bill of Assurance): An ordinance to amend Section 3 of Ordinance No. 4605 to amend the Bill of Assurance to reduce the minimum house size from 2,400 square feet to 2,000 square feet. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the ordinance. Jeff Roth with Roth Custom Homes and ADR Homes by Roth: We have had a fair amount of demand for a smaller home. Alderman Ferrell: Do the inhabitants out there seem to be all right with the change? Jeff Roth: Everybody is great with it. Alderman Ferrell: Understanding that times change I think this is a good day for this. Alderman Lewis: It looks like there is an existing drainage area that runs out of there. Jeff Roth: Right, there are actually a couple of them that runs through the Subdivision. Alderman Lewis: Is that going to be part of your plan? The footprint is the same. Jeff Roth: Absolutely, we are not going to change any of that. We will position the houses so they fit on the lots. Alderman Lewis: So the infrastructure is there with streets and everything? Jeff Roth: Correct. Alderman Petty: Have you laid out your plats and your properties in a way that has been built with our plans for the street in mind. Jeff Roth: The streets are already in and the subdivision is completely finished as far as utility, streets, curb and guttering. Jeremy Pate: The right of way for the subdivision was dedicated with the plat so we measure all building setbacks off of that right of way. This is within the City so we have a lot more control. Alderman Petty: If you noticed a trend of perspective buyers and some of them wanting smaller homes, why 2,000 square feet and not 1,800 square feet or less than that? Jeff Roth: Our money is not made in small houses. We have a lot of the same fixed cost in a 2,000 square foot house as we have in a 2,400 square foot square foot home. A 2,000 square foot home is at the bottom level of my comfort home. City Council Meeting Minutes October 4, 2011 Page 10 of 12 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 Rick McWhorter, resident of 3791 Woodside Drive spoke in favor of the development however he asked that the neighbors be notified in the future if any other changes are made to the Bill of Assurance. Alderman Lewis moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Lewis: I would like to request that we hold this. This ordinance was left on the Second Reading. ADM 11-3948 (Oakland Courts Right-of-Way Dedication): A resolution to approve a lesser right-of-way dedication than required by the Master Street Plan for property located on Storer Avenue between North Street and Hazel Street. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the resolution. Alderman Boudreaux moved to amend the resolution to include Oakland Street. Alderman Petty seconded the motion. Upon roll call the motion passed unanimously. Alderman Gray moved to approve the resolution. Alderman Ferrell seconded the motion. Alderman Petty asked Brian Teague if there was anything that he could describe what this variance will allow him to do as far as meeting the design builds of the project. Brian Teague with Community by design representing the developer briefly explained the allowances of this variance. Alderman Lewis: Thank you for proposing innovative and interesting designs. Upon roll call the resolution passed unanimously. Resolution 180-11 as recorded in the office of the City Clerk. Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees: An ordinance to amend Article XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees to codify uniform eligibility and attendance requirements, to repeal Resolution No. 27-01 and to amend or repeal any conflicting code sections. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes October 4, 2011 Page 11 of 12 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Attorney Kit Williams: This was requested by our City Clerk. We felt it made sense to have uniform rules for our citizens that serve on committees. We also felt it was appropriate that it be in the code so citizens can see what the requirements are. Alderman Lewis: So there needs to be a record kept? City Attorney Kit Williams: Generally there are records kept. There is usually a staff member for every committee so that we know when they attend. Alderman Lewis moved to suspend the rules and go to the second reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Gray: I think this is a great idea and it’s excellent that we have a uniform code so there is no question. Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5446 as Recorded in the office of the City Clerk 2011 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas for the year 2011 fixing the rate thereof at 1.3 mills for General Fund operations, 0.4 mills for the Firemen’s Pension and Relief Fund, 0.4 mills for the Policemen’s Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas. City Attorney Kit Williams read the ordinance. Paul Becker: This is the same levy we passed last year. The Mayor is recommending what we continue and maintain the same property tax rate for next year. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Boudreaux seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes October 4, 2011 Page 12 of 12 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 Alderman Tennant moved to suspend the rules and go to the third and final reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5447 as Recorded in the office of the City Clerk Meeting adjourned at 7:45 p.m. _______________________________________ ___________________________________ Lioneld Jordan, Mayor Sondra E. Smith, City Clerk/Treasurer C¿åe{ ü"þ '#Åe W üww*J ÆW; lo-a4-¿i4-Ocl-11 Gity Gouncil Meeting Date Agenda ltems Only Water and Sewer Utilities Division Department Action Required: of a Bid Waiver with JWC Environmental for the repair of a Channel Monster for $28,475. 28,475 Gity of Fayetteville Staff Review Form Gity Council Agenda ltems and Contracts, Leases or Agreements f* U Submitted By Cost of this request 5400.5800.5801.00 1 18,953 Category / Project Budget Funds Used to Date 118,953 Remaining Balance Budget Adjustment Attached l-l \tVWTP Upgrade/Replace Lift Stations Program Category / Project Name Wastewater Treatment Program / Project Category Name Water/Sewer Fund Name Account Number 02068.1 Project Number Budgetedltem I X I It/'l/ t I Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 1 0-04- 1 1 7gJ: 40 RCVD Clerk's Office Lbf, -P., l. q" h. a lo-\-utt Date lúJL Finance and lnternal Services Director Received in Mayor's Office .@ ry# Revised January 15, 2009 CITY COUNCIL MEMO MEETING DATE OF OCTOBER 4' 2OI1 THE CITY OF FAYETTEVILLE ARKANSAS To: Fayetteville CitY Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: Lynn Hyke, Construction & Contract Manager Date: October 4,2011 Subject: Approval of a Bid Waiver with JWC Environmental for the Repair of a Channel Monster fot $28,475 ARKANSA le5I RECOMMENDATION City Administration recoÍrmends approval of a Bid Waiver with JWC Environmental for the repair of a Chánnel Monster for 528,475. Funds are available within the Wastewater Treatment Plant CIP - Upgrade/Replace Lift Stations project. BACKGROUND A channel gnnder style screening and grinding unit is installed on the front end of the new Hamestring Lift Station. The unit was installed tó protect bottrthe pump station and the wwTP from large foreign objects entering the lift station. Examples of objects we hãve seen in our system which could be transported down the 4g,, sewer line include bowling balls, children's bicycles, toys, dog leashes, large sticks, oil filters, construction debris, metal pipes, etc. This grinder unit serves both as a screen and grinder, which reduces long term maintenance costs on all components of the system at and downstream from the grinder. In the last four years, there have been two significant failures at the Noland WWTP due to large items entering the influent pump station. Each of these failures resulted in more than $100,000 damages; one resulted in a substantial sewer overflow. This grinder unit prevents this type of failure from occurring on the West Side Wastewater Treatment plant (WW}P) and the¿ritical Hamestring Lift Station that pumps over 85olo of the flow to the plant. DISCUSSION During a routine inspection of the Hamestring Lift Station, it was discovered that the channel grinder was not functiãning properly. The unit was removed for maintenance. Upon further investigation, it was necessary to ship the ,miito ihe manufacturer for inspection and determination of required repairs. The City received a q,råt" for repairs from JWC Environmental in the amount of 528,472.37 (attached). The manufacturer does not huu" urry authorized service repair agreements with any service providers and is the sole source provider for this type of iepair. Therefore, staff recommends approving a bid waiver to have the unit repaired as soon as possible. BUDGET IMPACT Funds are available within the Wastewater Treatment Plant CIP - Upgrade/Replace Lift Stations project. Telecommunicat¡ons Dev¡ce for the Deaf TDD (479\ 52'l-'13"16 1 13 Wesr Mountain - Fayeneville, AR72701 term and ORDINANCE NO. AN ORDINANCE WAIVING COMPETITTVE BIDDING AND APPROVING AN AGREEMENT WITH TWC ENVIRONMENTAL IN THE AMOUNT OF 528,472.37 FOR REPAIR OF A CHANNEL MONSTER GRINDER WHEREAS, a channel grinder style screening and grinding unit is installed on the front end of the Hamestring Lift Station to protect both the pump station and the wastewater treatment plant from large foreign objects entering the lift station; and WHEREAS, the grinder unit serves both as a screen and grinder, which reduces long maintenance costs on all components of the system at and downstream from the grinder; WHEREAS, during routine inspection of the Hamestring Lift Station, it was discovered that the channel grinder was not functioning properly; and WHEREAS, the unit was shipped to the manufacturer for inspection and a determination of required repairs and received a quote for repairs from JWC Environmental in the amount of 528,472.37; and WHEREAS, the manufacturer does not have any authorized service repair agreements with any service providers and is the sole source provider for this type of repair, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines the facts above constitute an exceptional situation in which competitive bidding is not deemed practical or feasible and therefore waives formal competitive bidding and approves an agreement with JWC Environmental in the amount of $28,472.37 for repair of a channel monster grinder. PASSED and APPROVED this 4th day of October, 2011. APPROVED: ATTEST: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerlc/Treasurer By: ilffilm\rTñ78- 'qì[üW- Fnvi¡onmental" 290 Paularino Ave" Costa Mesa, CA 92626 (949) 833-3888 Order Number: G006316 Date; t0/3/2011 Page: 2 Order Date: ÐlilZal1 SUB TOTAL FRËIGI{T çHARGES TOTAL ORDER AMOUNT CUSTOMER ORÞER Pulled By QC BY Packed By 0.00 0,0 $0,00 $0.00 2ÊjÐ7.27 0.0 $26,107.27 î28,107-27 Ð$0,00 o.o $eso.oo $Ð50,00 -950.00 o.o ($s5o.o0) ($s50,00) $27,289,82 $1,182.55 928,472.37 O EVAL-GA O GRINDEFI ORL 0 Ftc 0 Freight ln -GA in To ayetleville, Accounts Payable 113 West Mountain Fayetteville, AR72701 USA CDD602FXÞM2. 5-RePair Evalua Ship Date 12lTna12 CDD6020-XÐM2.5 Repair Ship Date 12131n412 11 cam Cutters 1:1 Stack 8620 STL Buna Elastomers Motor Type; Elêctr¡c Less Motor Less Reducer LeË3 Spool Grinder SN: 1 04831-'l-1-01 Repair Labor ship Dãte 1213112012 Free Lâbôr Cred¡t Ship Date 1?31nO12 FREE LABOR JWC Envlronmental's Free Labor Reconditioning provides FREË LABOR services on refurþishing all Muffin Monster, Channel Monster grinders and sÊreens when thë work is performod by factory personnel at a JWC Environmental Seruice çenter. ú{*È**t**ffi **ffi ****ff *i*ffi ù***t## Ëreight ln Ship Þate 12l3/nfl2 1,182.55 o.o $1,182,55 $1,48?.55 47þ-Ê7ö-Ê22-ö Fayetteville, CltY of Accounts Payable 113 West Mountain Fayetteville, Ê.R72701 USA EXTENDED PRICE City of Fayetteville Staff Review Form Gity Gouncil Agenda ltems and Gontracts, Leases or Agreements October 4,2O11 City Council Meeting Date Agenda ltems Only Engineering ,'Üaa,,**æ-é a* //* ÐN 4, Åuri effie-erÅ Matt Mihalevich Submitted By Division Action Required: Department recommends approval of a resolution awarding Bid #1 1-49 and approval for the installation of a modular wall for the approaches ramps to the tunnel under Garland Avenue along the U of A Farm Trail by Second ture Property Management, LLC. of Fayetteville in the amount of $138,555.00. Approval of a 20% contingency i amount of $27,711.00 is also requested. 166,266.00 776,574.00 Transportat¡on Bond Trail lmprovements U of A Farm Trail (Scull Creek / Agri Park) Program Category / Project Name Trail lmprovements Category / Project Budget 276,400.27 Cost of this request 4520.9550.5814.05 Acco-unt Number 06036 / 1 002 Funds Used to Date 500,173.73 Remaining Balance Budget Adjustment Attached l-l Program / Project Category Name Sales Tax Construction Bond Project Number Fund Name Budgeted ltem f f-l oî.þ.'¡Prl Date ?4"-! Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office 09-3C-1 1 P01:02 RCV Received in I a f ^,,^-,^ ^Æ^^ | I tMayor's Office "PJ q. " CI"^J^ Date I -ao- zot r Date /¿'J-:tt Date Comments: Finance and lnternal Servìces Director /:ør#2 Revised January 15,2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO ARKANSA To: Mayor and City Council Thru: Don Marr, Chief of Staff .a Jeremy Pate, Development Services DirectorÔ\ Chris Brown, City Engineer c8 From: Matt Mihalevich, Trails Coordinatorh[ Date: September 30th, 2011 Subject: U of A Farm Trail - Retaining Wall Bids RECOMMENDATION: Staff recommends approval of a resolution awarding Bid #11-49 and approval for the installation of a modular block retaining wall for the approaches ramps to the tunnel under Garland Avenue along the U of A Farm Trail by Second Nature Property Management,LLc. of Fayetteville in the amount of $138,555.00. Approval of a 20%o contingency in the amount of 527 ,7 | 1 .00 is also requested. PROPOSAL: The U of A Farm Trail is a2.3 mlle trail connecting the new bike lanes on Mt. Comfort Road east under I-540 across the U of A Farm to connect to Scull Creek Trail (see attached site plan). This highly requested trail will provide a safe altemative transportation route for the numerous residents and businesses west of I-540. The new trail will include a tunnel for safe crossing under Garland Avenue (Highway 112). The tunnel will be located just south of Knapp Street near the Pauline Whitaker Animal Science Arena. The City's in-house trails construction crew has been working diligently on the trail project and will install the tunnel using the precast box culvert sections. The trail will ramp down at 5%io on each side of the tunnel and retaining walls are necessary to retaining the soil on each side as the trail drops below grade and under Garland Avenue. Due to the scale of the retaining wall project, we have requested assistance of a private contractor to perform the installation work. The City's in-house construction crew will assist with the major excavation and site preparation for the retaining wall contractor. BUDGET IMPACT: Funds for the installation of the fencing have been budgeted as part of the Transportation Bond Trail Development Program. Five bidders responded to the request for formal bids and Second Nature Property Management, LLC was low bid - See attached bid tab. RESOLUTION NO. A RESOLUTION AWARDING BID #II-49 AND APPROVING A CONTRACT WITH SECOND NATURE PROPERTY MANAGEMENT, LLC IN THE AMOUNT OF $138,555.00 FOR THE CONSTRUCTION OF A MODULAR BLOCK RETAINING WALL NEAR THE GARLAND AVENI.JE U OF A FARM TRAIL TUNNEL, AND APPROVING A TWENTY PERCENT (20%) PROJECT CONTINGENCY BE IT RESOLVED BY TTIE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKAIT{SAS : Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #ll-49 and approves a contract with Second Nature Property Management,LLC in the amount of $138,555.00 for the construction of a modular block retaining wall near the Garland Avenue U of A Farm Trail tunnel. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a twenty percent (20%) project contingency. PASSED and APPROVED this 4th day of Octobe¡2011. APPROVED:ATTEST: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City ClerVTreasurer By: y'endor #: qddress: City: ìequester: 3innv Gundlach / Matt Mihalev¡ch Iter F)cscrintion 1 Retaining Wall lnstallat¡on for U of A Farm Trail 2 y'endor Name: 3 4 City Of Fayetteville 5 Ouantitv 3tate: Þ Second Naturé Prooertv Manaoement. LLC 7 Jnit of lssue I LOT I Jnit Cost 10 $138,555.00 loþ Po¡nt: Extended Cost Spec¡al lnstructions: Per Bid 1 1-49 and Res 1rp uooe $138,555.00 Approvals $0 Kequesrels Emproyee #: 2283 (eqursrlron No.: lVlayor: .00 Ship to code: 1o,Á $0.00 r.u NumDer: Finance & lnternal Services Director: Account Numbers vlail les: 4520.9550.5814.05 $0.00 Dispatch Manager: Yes: ,/)Nrø, $0.00 )ivison Headf,""ymL $0.00 trxlenslon: , w gdLË. 10t4t20't1 s0.00 No Proiect/Sr rbnroiecl # :xpeçleu ueilvefy uate 90.00 $0.00 Quotes Attachøtl """'/') // No: 06036.1 002 s0.00 'lfr/ nventory # Budget Manager: Ut¡lities Manager: Fixed Asset # Subtotal: Tax: Total: Purchasing Manager: lT Manager: $138,555.00 $0.00 $138,555.00 Other: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 Tentative Agenda City of Fayetteville Arkansas City Council Meeting October 4, 2011 A meeting of the Fayetteville City Council will be held on October 4, 2011 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the September 20, 2011 City Council meeting minutes. 2. 2011 Justice Assistance Grant (JAG): A resolution approving acceptance of a 2011 Justice Assistance Grant through the U.S. Department of Justice in coordination with other Washington County law enforcement agencies and approving a budget adjustment in the amount of $88,866.00. 3. Internal Revenue Service (IRS) Task Force: A resolution approving a budget adjustment in the amount of $41,405.00 to recognize revenue and expenses related to city participation in the local Internal Revenue Service (IRS) Task Force for the fiscal years of 2010-2011 and 2011-2012. Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith Aldermen Ward 1 Position 1 – Adella Gray Ward 1 Position 2 – Brenda Boudreaux Ward 2 Position 1 – Mark Kinion Ward 2 Position 2 – Matthew Petty Ward 3 Position 1 – Justin Tennant Ward 3 Position 2 – Robert Ferrell Ward 4 Position 1 – Rhonda Adams Ward 4 Position 2 – Sarah E. Lewis 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 4. Bid #11-49 Second Nature Property Management, LLC: A resolution awarding Bid #11-49 and approving a contract with Second Nature Property Management, LLC in the amount of $151,371.34 for the construction of a modular block retaining wall near the Garland Avenue U of A Farm Trail tunnel, and approving a twenty percent (20%) project contingency. 5. Bid #11-54 Alarmtec Systems: A resolution awarding Bid #11-54 and approving a contract and change order with Alarmtec Systems in the total amount of $166,500.00 for construction of security improvements at Drake Field. 6. Bid #11-55 All Around Landscaping, Inc.: A resolution awarding Bid #11-55 and approving a contract with All Around Landscaping, Inc. in the amount of $66,704.00 from the tree escrow fund for the purchase and planting of trees, and approving a ten percent (10%) project contingency. 7. Police Department Policies: A resolution approving Fayetteville Police Department Policies 25.1 Grievance Procedures, 35.1 Performance Evaluation, and 61.4.3 Towed Vehicles. 8. Washington Regional Medical Center Real Estate Conveyance Agreement: A resolution to approve the Real Estate Conveyance Agreement with Washington Regional Medical Center. B. Unfinished Business: 1. Revised Ward Boundaries: An ordinance to approve revised Ward Boundaries to equalize ward populations after the 2010 Federal Census and to amend §32.03 of the Fayetteville Code. This ordinance was left on the Second Reading at the September 20, 2011 City Council meeting. Left on the Second Reading 2. RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights): An ordinance rezoning that property described in rezoning petition RZN 11-3866, for approximately 28.93 acres located at 2013 East Mission Boulevard from R-PZD, Residential Planned Zoning District (R-PZD 06-2299 Ruskin Heights), to CS, Community Services; NC, Neighborhood Conservation; and RSF-4, Residential Single Family, 4 units/acre, subject to a Bill of Assurance. This ordinance was left on the Second Reading at the September 20, 2011 City Council meeting. Left on the Second Reading C. New Business: 1. RZN 11-3892 (Fayette Junction Master Plan): An ordinance rezoning that property described in rezoning petition RZN 11-3892, for select properties located within the Fayette Junction Master Plan area totaling approximately 225 acres. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 2. RZN 11-3916 (Holcomb Heights PZD/TTO LLC: An ordinance rezoning that property described in rezoning petition RZN 11-3916, for approximately 19.24 acres, located at the southwest corner of Salem and Weir Road from R-PZD, Residential Planned Zoning District (06-2281 Holcomb Heights I and 07-2613 Holcomb Heights II), to RSF-8, Residential Single-Family, 8 units per acre. 3. ADM 11-3943 Belclaire Subdivision-Amendment to Bill of Assurance): An ordinance to amend Section 3 of Ordinance No. 4605 to amend the Bill of Assurance to reduce the minimum house size from 2,400 square feet to 2,000 square feet. 4. ADM 11-3948 (Oakland Courts Right-of-Way Dedication): A resolution to approve a lesser right-of-way dedication than required by the Master Street Plan for property located on Storer Avenue between North Street and Hazel Street. 5. Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees: An ordinance to amend Article XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees to codify uniform eligibility and attendance requirements, to repeal Resolution No. 27-01 and to amend or repeal any conflicting code sections. 6. 2011 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas for the year 2011 fixing the rate thereof at 1.3 mills for General Fund operations, 0.4 mills for the Firemen’s Pension and Relief Fund, 0.4 mills for the Policemen’s Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas. D. City Council Agenda Session Presentations: Announcements: Adjournment: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville, Arkansas. G. Tabor City of Fayetteville Staff Review Form bity Council Agenda ltems and Contracts, Leases or Agreements 10t4t2011 City Council Meeting Date Agenda ltems Only Patrol Police Submitted By Division Department Action Required: of the non-matching 2011 Justice Assistance Grant (JAG) Local Solicitation award and budget adjustment in amount of $88,866.00. 88.866.00 88,866.00 JAG Local Solicitation - 2011 Cost of this request 1010-2920-various Category / Project Budget Funds Used to Date 88,866.00 Remaining Balance BudgetAdjustmentAttached fT Program Category / Project Name Grant Account Number 09022-2011 Program / Project Category Name General Project Number Fund Name Budseted ltem l-l \i\\ Date ?J_!, a4-Utt Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: {*-}. q " ß-.0,* Finance and lnternal Services Director Comments: ReceivedinCity 09-C9-1 1 P02:09'RCVD Received in Mayor's Office Revised January 15,2009 A. 2 2011 Justice Assistance Grant (JAG) Page 1 of 18 le CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEV¡LLE, ARKANSAS DEPARTMENT CORRESPONDENCE A R:K A.N 5A 5 To: From: Date: Subject: Mayor Lioneld Jordan and City Council Members GregTabor, Chief of PoliceN- September 7,201I Approval of the 2011 Justice Assistance Grant Local Solicitation Award and Budget Adjustment PROPOSAL: The U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance has awarded the 2011 Justice Assistance Grant for local agencies. This award is based in part on population and violent crime rates and is given to Fayetteville, Springdale and Washington County to share. This grant does not require any local cash matching funds. This is the seventh year for this grant to be a shared grant with these other agencies. The Fayetteville Police Department will be the lead agency for this grant award in the amount of $88,866. Fayetteville will receive 838,747 for two (2) training courses, extended range taser, digital camera with accessories, cell phone service for patrol supervisors, audio/video equipment, security shelving for evidence, crime scene software, binoculars, and a laser color printer for intemet crimes against children cases. Please see budget detail worksheet for complete listing of training, equipment, and supplies to be purchased. Within this grant award, Springdale will receive $34,340 to purchase twenty (20) automatic vehicle locators (AVL), and 'Washington County will receive $ 1 5,785 to purchase in-car video upgrades. RECOMMENDATION: Staff recommends approval of the 2011 JAG Local Solicitation Grant Award and budget adjustment in the amount of $88,866.00 for the purchase of law enforcement equipment. If you should have any comments or question regarding this grant award, please contact me at extension 500. BUDGET IMPACT: This grant does not require any local cash or in-kind matching funds. A. 2 2011 Justice Assistance Grant (JAG) Page 2 of 18 RESOLUTION NO. A RESOLUTION APPROVING ACCEPTANCE OF A 2OII ruSTICE ASSISTANCE GRANT THROUGH THE U.S. DEPARTMENT OF ruSTICE IN COORDINATION WITH OTHER V/ASHINGTON COTINTY LAW ENFORCEMENT AGENCIES AND APPROVING A BUDGET ADruSTMENT IN THE AMOTINT OF $88,866.00 BE IT RESOLVED BY THE CITY COUNCIT OF THE CITY OF FAYETTEVILLE, ARI(ANSAS : Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves acceptance of a 2011 Justice Assistance Grant through the U.S. Department of Justice in coordination with other Washington County law enforcement agencies in the total amount of $88,866.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "4". PASSED and APPROVED this 4th day of October, 2011. APPROVED:ATTEST: By:By: LIONELD JORDAN, Mayor SONDRA E. SMITH, Cíty Clerk/Treasurer A. 2 2011 Justice Assistance Grant (JAG) Page 3 of 18 Gity of Fayetteville, Arkansas Budget Adjustment Form BUDGET ADJUSTM ENT DESCRIPTION / JUSTIF¡GAT¡ON Establish budget for 2011 Justice Assistance Grant Local Solicitation award. Prepared By: Reference: Type: v11.0425 wnewman Budget & Research Use Only ABCDE P $*S q- fL_¡,"^ g4-ãrr Date q-D,-ll General Ledger Date Posted to General Ledger Checked / Verified Account Name TOTAL BUDGET ADJUSTMENT 88,866 88,866 lncrease / (Decrease) Account Number Expenqe Revenue 1010.2920.5210.00 33,785 Project.Sub Number Minor equipmenf 09022 .2011 Division: Police Department: Police Request Date 10t4t2011 Adjustment Number Date Travel & training 1010.2520.5304.00 4,956 34,340 09022 .2011 Trans to Springdale 1010.2920.5737.00 ogo22'. 2011 Trans to Wash Co Sheriff 1010.2920.5738.00 15,785 09022 .2011 Federal Grant-Operational 1010.0001 .4309.01 88,866 09022 .2011 EXHIBIT .o .c0o6 \þd\dfs\useMdm in\jcohea\JAG 201 1 - Local\Award\BA - Award 1of1 A. 2 2011 Justice Assistance Grant (JAG) Page 4 of 18 Budget Detail Worksheet A. Personnel Name/Position Edward Byrne Memorial JAG - Local Solicitøtion FY 201 I Computation Cost Total Personnel B. Fringe Benefits Name/Position Computation Cost C. Travel Total Fringe Benefits ComputationPurpose Cost Citv of Fayetteville NNDDATraining COP Training D. Equipment Item 2 officers @51,478.20 2 officers @ $1,000 2,956.40 2,000.00 Total Travel 4,956.40 $4,956.40 CostComputation Washington County Sheriffs Office Upgrade In-car Video System E. Supplies Item I Server w/ 100 dvd-r capacity Total Washington County Equipment Computation $ 15,785.00 $ 15,785.00 $ Cost 15,785.00 Citv of Favetteville Patrol Officer Business Cards Taser Extended Range Electronic Projectile Wireless Color Laser Printer Canon Digital Camera w/ lens, supplies, accessories Cellphone service for Patrol Supervisors Interview Room Audio/Video Equipment Canon 10x30 Image Stabilization Binoculars Visual Statement 3-D Crime Scene Drawing Softwa Evidence Secure Shelving Ciw of Sprinedale Automatic Vehicle Locator (AVL) 120 off,rcers @$25 I Shotgun @ $650 plus cartridges 1@Sss4 1 @ $1,000 10 supervisors @$55 per month x 3 years 2 A./V Systems @ $750 each 2 @s41s 1 license @ $1,390 plus $125 warranty New security shelving for Evidence Total Fayetteville Equipment $ 3,000.00 1,700.00 554.00 1,110.00 19,800.00 1,500.00 950.00 1,515.00 3,655.60 s 33.784.60 20 patrol units @ $1,717 each $ 34,340.00 Total Springdale Equipment $ 34,340.00 Total Supplies 68,124.60 F. Construction Purpose Total Construction Cost A. 2 2011 Justice Assistance Grant (JAG) Page 5 of 18 Edward Byrne Memorial JAG - Local Solìcítøtion FY 2OI I Budget Detail Worksheet G. Consultants Name of Consultant H. Other Costs Description Total Consultants $ - Total Other Costs $ - Budget Total $ 88,866.00 A. 2 2011 Justice Assistance Grant (JAG) Page 6 of 18 Depârtment of Justice Ofïice of Justice Programs Bureau of Justice Assistance Office of Justice Programs w6hington, D.C- 20531 September 1, 20 I I ChiefGreg Tabor City ofFayetteville 1004 west Rock Street Fayetteville, AR 7 27 01 -6069 Dear ChiefTabor: On behalfofAttomey General Eric Holder, it is my pleasure to inform you that the Office ofJustice Programs has approved your application for funding under the FY 1 1 Edward Byme Memorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of588,866 for City ofFayetteville. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission ofall financial and programmatic reports, resolution ofall interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in vìolation ofthe terms ofthis agreement and the a',vard will be subject to termination for cause or other administrative action as appropriate. Ifyou have questions regarding this award, please contact: - Program Questions, Jennifer Lugue, Program Manager at (202) 305-8064; and - Financial Questions, the Office of the Chief Financial Officer, Customer Seruice Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congfatulations, and we look fovard to working with you. Sincerely, ,.!:" , r.¿L-.14. Denise O'Donnell Director Enclosures A. 2 2011 Justice Assistance Grant (JAG) Page 7 of 18 Department of Justice Ofñce of Justice Programs Offrce for Civil Rights lvßhington, D.C. 20531 September 1, 201 1 ChiefGreg Tabor City ofFayetteville l00A West Rock Street Fayetteville, AR "l27 01 -6069 Dear ChiefTabor: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt ofFederal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients offinancia'l aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Commmity Oriented Policing Seruices (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department firnding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients offinancial assistance from discriminating on the basis ofrace, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery ofservices or benefits. Federal law also prohibits funded programs o¡ activities from discriminating on the basis ofage in the delivery ofservices or benefits. Providing Services to Limited English Profìciency (LEP) Individuals In accordance with Department ofJustice Guidance pertaining to Title VI ofthe Civil Rights Act of 1 964, 42 U.S.C. $ 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their progmms and activities for persons with limited English proficiency (LEP). For mo¡e information on the civil rights responsibilities that recipients have in providing language seruices to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Bâsed Organizations The Department ofJustice has published a regulation specifically pertaining to the funding offaith-based organizations. In general, the regulation, Participation in Justice Department Progmms by Religious Organizations; Providing for Equal Treatment ofall Justice Department Program Participants, and known as the Equal Tre¿tment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administr¿tion decisions on the basis of an organization's religious character or affiÌiation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations fiom using financial assistance from the Department ofJustice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently reìigious activities, they must be held sepamtely from the Department ofJustice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department ofJustice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more infomation on the regulation, please see OCR's website at http://www.ojp.usdoj. gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims ofCrime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis ofreligion in employment, Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies pemit faith-based organizations applying for funding under the applicable progtam statutes both to receive DOJ funds and to continue considering religion when hiring staff, even ifthe statute that authorizes the funding program generally forbids considering ofreligion in employment decisions by grantees. Questions about the regulation or the application ofRFRA to the statutes that prohibit discrimination in employment may be directed to this Office. A. 2 2011 Justice Assistance Grant (JAG) Page 8 of 18 Enforcing Civ¡l Rights Laws All recipients ofFeder¿l financial assistance, regardless ofthe particular fi¡nding source, the amount ofthe grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients thât are the subject ofdiscrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number ofrecipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that thei¡ employment practices meet equal employment opporhrnity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient offinancial assistance subject to the nondiscrimination provisions ofthe Omnibus Crime Control and Safe Streets Act (Safe Steets Act) of 1968,42 U.S.C. $ 3789d(c), or other Federal grant program requirements, must meet two additional requìrements:(1) complying with Federal regulations pertaining to the development ofan Equal Employment Opportunity Plan (EEOP), 28 C.F.R. $ 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. $$ 42.20s(s) or3t.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.8, or cedain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: Ifyour organization has received an award for $500,000 or more and has 50 or more employees (counting both fi:ll- and part{ime employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at htÞ://'¡/ww.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialìng (202) 616-3208. Ifyour organization received an awa¡d between $25,000 and $500,000 and has 50 or rnore employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B ofthe Certification Form and retum it to OCR. The Certification Form can be found at htç://w.ojp.usdoj.gov/ocr/eeop.htm. Ifyour organization received an award for less than $25,000; or ifyour organization has less than 50 employees, regardless ofthe amount of the award; or ífyour organization is a medical institution, educational instìtution, nonprofit orgalization o¡ Indian kibe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A ofthe Certification Fo¡m and retum it to OCR. The Certification Form can be found at hç://www.ojp.usdoj.gov/ocr/eeop.htn. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal. or State administrative agency makes an adverse finding ofdiscriminatìon against your organization after a due process hearing, on the ground ofrace, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for ¡eview. Ensuring the Compliance of Subrecipients Ifyour organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all ofthe applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance ofsubrecipients. Ifwe can assist you in any way in fulfilling your civil rights responsibilities as a recipient ofFederal ñrnding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, W;4 â aø*- Michael L. Alston Director Grant Manager Financial Analyst A. 2 2011 Justice Assistance Grant (JAG) Page 9 of 18 Department ofJustice Office of Justice Programs Bureau of Justice Assistance PACE I OF 6 l. RECIPIENT NAME AND ADÞRESS (Including Zip Code) City ofFayetteville l00A W6t Ræk Stræt Fayettwille, AR 72701-6069 4, AWARD NLIMBERI 2OI I -DJ.8X.2967 5.PROJECTPERIOD:FROM 10/01/2010 TO 0913012014 BUDGETPERIOD:FROM 10/01/2010 TO 09/30/2014 6.AWARDDATE 0910v201t IA. GRÂNTEE IRSAr'ENDOR NO. 7t6018462 9. PREVIOUS AWARD AMOTJNT 3. PROJECT TITLE Washington County FY 201 I JAC Prcject IO. AMOIJNT OF THIS AWARD $ 88,866 I I. TOTAL AVr'ARD $ 88,866 I2. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13, STATUTORY AUTHORITY FOR GRANT This p¡oject ¡s supported under FYI l(BJA - JAG) 42 USC 3750, et seq. 18. T\?ED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Gleg Tabor ChiefofPolice 16. T\?ED NAME AND TITLE OF APPROVING OFFICIAL Denise O'Donnell Director l9.SIGNATUREOFAUTHORIZEDRECIPIENTOFFICIAL I I9A.DATEI 7, SIGNATURE OF APPROVINC OFFICIAL ,!;,., i./ii.-,.4,. 20. ACCOLINTING CLASSIFICATION CODES FISCAL FUND BUD, DTV. YEAR CODE ACT. OFC. REC. SIJB. POMS AMOUNT x B DJ 80 00 00 88866 oJp FoRM 4000/2 (REV.5,87) PREVIOUS EDITIONS ARË OBSOLETE. oJP FORM 4000/2 (REV. 4-88) A. 2 2011 Justice Assistance Grant (JAG) Page 10 of 18 Department ofJustice Offi ce of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 6 PROJECT NTiMBER 2OII.DI-BX-296'I AWARDDÀTE O9/O1/2OII SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the cunent edition ofthe Office ofJustice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit ar acceptable Equal Employment Opporh¡nity Plan (ifrecipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation ofits Certified Assurances and may result in suspension or termination offunding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A- 133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, ifoutstanding audit issues (ifany) from OMB Circular A-133 audits (and any other audits ofOJP grant funds) are not satisfactorily and promptly addressed, as fi¡rther described in the current edition ofthe OJP Financial Guide. 4. Recipient understands and agrees that it camot use any federal funds, either directly or indirectly, in support ofthe enactment, repeal, modification or adoption of any law, regulation or policy, at any level of govemment, 'rithout the express prior uitten approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contr¿ctor, subgrantee, subcontractor, or other person has either I ) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation oflaws pertaining to fraud, conflict ofinterest, bribery, gratuity, or simila¡ misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact infomation in English and Spanish): (800) 869-4499 or hotline fax: (202) 6 I 6-988 I Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectìy, in support ofany contract or subaward to either the Association of Community Organizations for Refom Now (ACORN) or its subsidiarìes, without the express prior written approval ofOJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period ifthe agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. oJP FORM 4000/2 (REV.4-88) A. 2 2011 Justice Assistance Grant (JAG) Page 11 of 18 Department ofJustice Offi ce of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 3 OF 6 Grant PROJECTNIJMBER 2OII-DI-BX-2961 AWARDDATE O9/OI¡?OII SPECIAL CONDITIONS Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1,2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees fiom text messaging while driving any vehicle during the course of perfoming work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal NumberingSystem(DUNS)number. ThedetailsofrecipientobligationsarepostedontheOfficeofJusticePrograms web site at http://www.ojp.govlfunding/ccr.htm (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who ¡eceived the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). The recipient agrees to comply with applicable requirements to report fìrst-tier subawards of$25,000 or more and, in certain circumstances, to report the names and lotal compensation of the five most highly compensated executives of the recipient and first-tier subrecipients ofaward funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details ofrecipient obligations, which derive from the Federal Funding Accountability and Transparency Act of2006 (FFATA), are posted on the Office ofJustice Programs web site at htÞ://ww.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards rnade to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own operate in his or her name). Award recipients must verifo Point ofContact(Poc), Financial Point ofContact (FPOC), and Authorized Representative contact infomation in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. To avoid duplicating existing networks or IT systems in any ìnitiatives funded by BJA for law enforcement infomation sharing systems which involve interstate connectivity betweenjurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve ìnteÌstate connectivity, unlessthe grantee can demonstrate to the satisfaction ofBJA that this requirement would not be cost effective or would impair the functionality ofan existing or proposed IT system. To support public safety and justice information sharing, OJP requires the grantee to use the National Infolmation Exchange Model (NIEM) specifications and guidelines for this particular gmnt. Grantee shall publish and make available without restriction all schemas generated as a result ofthis grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit htç://www.niem. gov/implementationguide.php. Grantee agrees to comply with all confidentiality requirements of42 U.S.C. section 37899 and 28 C.F.R. Part22 thal are applicable to collection, use, and revelation ofdata or information. Grantee further agrees, as a condition ofgrant approval, to submit a Privacy Certìficate that is in accord with requirements of28 C.F.R. Pa¡22 and, in particular, section 22.23. 10. 8. 9. l3 l4 1l 12. oJP FORM 4000/2 (REV. 4-88) A. 2 2011 Justice Assistance Grant (JAG) Page 12 of 18 Department ofJustice Office of Justice Programs Bureau of Justice Assistance AWARD CONTTNUATION SHEET Grant PAGE 4 OF 6 PROJECTNIJMBER 2OII-DI-BX-296'7 AVr'ARDDATE OqIOINOII SPECIAL CONDITIONS The recipient agrees that any information technology system fiÌnded or supported by OJP funds will comply with 28 C.F-R. Part 23, Criminal Intelligence Systems Operating Policies, ifOJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits ofthe system, as per the regulation. Should any violation of28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satis$ such a fine with federal funds. The recipient agrees to ensure that the State Infomation Technology Point ofcontact receives written notification regarding any information technology project funded by this g¡ant during the obligation and expenditure period. This is to facilitate communication among local and state govemmental entities regarding various information technology projects being conducted with these grant funds. ln addition, the recipient agrees to maintain an administrative file documenting the meeting ofthis requirement. For a list ofState Information Technology Points ofContact, go to http://www.it.ojp.gov/default.aspx?arealolicyAndPractice&page: 1 046. The grantee agrees to comply with the applicable requirements of28 C.F.R. Part 38, the Department ofJustice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that DepartÍnent ofJustice grant awards ofdirect firnding may not be used to fund any inherently religious activities, such as worship, religious instruction, orproselytization. Recipients ofdirect grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department ofJustice funded program, and participation in such activities by individuals receiving sewices from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department ofJustice are not permitted to discriminate in the provision of seruices on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizafions may, in some circumstances, consider religion as a basis for employment. See http://www.ojp. gov/about/ocr/equal_fbo.htm. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Ofïice of Justice Programs policies and procedures regarding the protection ofhuman research subjects, including obtainment oflnstitutional Review Board approval, ifappropriate, and subject informed consent. 16, 15. 17 19. I ò. oJP FORM 4000/2 (REV. 4-88) A. 2 2011 Justice Assistance Grant (JAG) Page 13 of 18 Department of Justice Offi ce of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SIIEET PAGE 5 OF 6 Grant PROJECTNUMBER 2OI1.DI.BX.296'I ,A.WARD DATE Oq/OINOII SPECIAL CONDITIONS The gÌrntee ag¡ees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use ofthese grant funds, either directly by the grantee or by a sub$antee. Accordingly, the grantee agrees to first determine if any ofthefollowingactivitieswillbefi¡ndedbythegran{priortoobligatingfirndsforanyofthesepurposes. Ifitis determined that any ofthe following activities will be funded by the gmnt, the grantee agtees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat fo¡ endangered species, or a property listed on or eligible for listing on the National Register ofHistoric Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementationofanewprograminvolvingtheuseofchemicalsotherthanchemicalsthatare(a)purchasedasan incidental component ofa funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methampheûamine laboratory operations, including the identification, seinre, or closure ofclandestine methamphetamine laboratories. The grantee understands and agrees that compllng with NEPA may requìre the preparation ofan Environmental Assessment and/or an Environmentâl hnpact Statement, as directed by BJA. The $antee further understands and agrees to the requirements for implementation ofa Mitigation Plan, as detailed at htç://ww.ojp.usdoj.gov/BJA./resource/nepa.htrnl, for programs relating to methamphetamine laboratory operations. Application ofThis Special Condition to Grantee's Existing Programs or Activities: For any ofthe grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded prog¡am or activity. The recipient agrees that funds received under thjs award will not be used to supplant State or local funds, but will be used to increase the amounts ofsuch funds that would, in the absence ofFederal funds, be made available for law enforcement activities. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual perfomance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Govemment Performance and Results Act (GPRA) ,P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly perfomance metrics reports must be submitted through BJA'S Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG repofing requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing ofgrant firnds and future High Risk designation. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions ofthis award in any subaward. The recìpient is responsible for oversight ofsubrecipient spending and monitoring ofspecific outcomes and benefits attributable to use ofJAG funds by subrecipients. The recipient agrees to submit, upon request, documentation ofits policies and procedures for monitoring of subawards under this award' 20. 2t 22 23. oJP FORM 4000/2 (REV. 4-88) A. 2 2011 Justice Assistance Grant (JAG) Page 14 of 18 Department ofJustice Offi ce of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PACE ó OF 6 Grant PROJECT NTIMBER 2OII-DI-BX-296'7 AWARDDÀTE OqIOINOII 24. SPECIAL CONDITIONS The recipient is required to establish a Fust fund account. (The trust fund may or may not be an interest-bearing account.J The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byme Memorial Justice Assistance Grant Progr¿m (JAG). The recipient also agrees to obligate and expend the grant funds in the trust ñrnd (including any interest eamed) during ttre period ofthe grant. Grant finds (including any interest eamed) not expended by the end of the grant period must be rehmed to the Bure¿u of Justice Assistance no later than 90 days after the end ofthe gmnt period, along with the final submission ofthe Federal Financial Report (SF-425). The grantee agtees that within 120 days ofaward acceptance, each member ofa law enforcement task force funded withìhese funds who is a task force commander, agency executive, task force ofücer, or other task force member of equivalent rank, will complete requìred online (internet-based) task force training. The training is provided ftee of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All cunent and new task forcé mernbers are required to complete this training once during the life ofthe award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues incluãing privacy a¡d civil liberties/¡ights, task force performance measu¡ement, personnel selection, and task force oversighi ãnd accountability. Addìtional info¡mation is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (ww.ctfli.org). 25 oJP FORM 4000/2 (REv. 4-88) A. 2 2011 Justice Assistance Grant (JAG) Page 15 of 18 Department of Justice Office of Justice Programs Bureau of Jus tice A s s is tan c e lføhington, D.C. 20531 Memorandum To: Official Grant File From: Subject: Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for City of Fayetteville The Edward Byme Mernorial Justice Assistance Grant Progfam (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. A1l recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the gÉnt. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 1 OO-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; õ. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) haditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratorjes Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations' the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html' Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. A. 2 2011 Justice Assistance Grant (JAG) Page 16 of 18 Depa¡Enent ofJustice Office of Justice Prcgra$ Bureau of Justice Assistance GRANT MANAGER'S MEMORANDUM, PT.I PROJECT SUMMARY Grant PROJECTNUMBER 20tt-Dt-Bx-2967 PAGE I OF I This prcject is supported undøFYl l(BJA - JAG) 42 USC 3750, et seq. L STAFF CONTACT (Nme & telephooe numbtr) Jcnnifer Lugue (202) 30s-8064 2. PROJECT DIRECTOR (N@e, addßs & telephooe ûumbr) rùy'illie Newmæ Fi!æcial Coordimtor I 00-A W6t Rock Street Fayetteville, AR 72701 -6 I 9 I (479) s87-35'19 3a. TITLE OF TFIE PROGRAM FY 201 I Justice Assistance Grant Progrm 3b. POMS CODE (SEE INSTRUCTTONS oN REVERSÐ 4. TITLE OF PROJECT Wæhington County FY 201 I JAG Prcject 5. NAME & ADDRESS OF GRANTEE City ofFayetteville l00A Wst Rock Street Fayetteville, AR 72701 -6069 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 10/01/2010 TO: 09130/2014 8. BUDGE-TPERIOD FROM: l0/01/20t0 10: 09130/2014 9- AMOUNT OF AWARD $ 88,866 IO. DATEOFAWARD 09/0r/2011 I I. SECOND YEAR'S BUDGET 12. SECOND YEARS BUDGET AMOUNT I 3. THIRD YEAR'S BLÍDGET PERIOD 14 THIRD YEAR'S BTJDCETAMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reveree) The Edward Byme Memorial Justice Assistance Grant ProgEm (JAG) allows stat6 and units oflocal govemment, including tribs, to support a broad range of activities to prevent dd conhol clime bæed on their owo state and loca] needs aûd conditions. Cmnt funds can be used fo¡ state and local initiativ6, techniøl assistance, training, personnel, equipment. supplies, contractual support, and infomation systems fo¡ criminal justice, including fo¡ any one or more of the following purpose areas: I ) larv enforcement progÉrs; 2) prosecut¡on and court prograûs; 3) prevention and education programs; 4) corections and coñmunity corections programs; 5) drug h€atment and enforcement programs; 6) plaûning, cvaìuation, and technology improvement progmms; æd 7) crime victim and witnss programs (other than compensation). The city ofFayetteville, sewing as the fiscal agent, is in a disparate relat¡onship with the county ofWashington and the city ofSpringdale. Fayetteville City will purchase patrol business cards, raseß, tæer canridg6, printq, digital camera, cellphone, video equipment, binoculas, softwa¡e, evidence secure shelving, and oJP FORM 4000/2 (REV. 4-88) A. 2 2011 Justice Assistance Grant (JAG) Page 17 of 18 officer FaiDiD& Wæhilgtoo County will purchæe æ i!-cõ video system. Sprilgdale City will pwhæe æ autoEatic vehicle læator The equipment pu¡cböed with JAG funds will ¡edùce dea øime æd violence in @Emuitis. NCA/NCF A. 2 2011 Justice Assistance Grant (JAG) Page 18 of 18 Gity of Fayetteville Staff Review Form City Gouncil Agenda ltems and Gontracts, Leases 9¡ figreements 10t412011 Greg Tabor City Council Meeting Date Agenda ltems Only lnvestigation Police Submitted By Division Department Action Required: recommends approval of a budget adjustment in the amount of $41,405 for the revenues and expenses the IRS Task Force's fiscal years of 2010-2011 and 2011-2012, respectively. 41,405.00 IRS Reimbursements Cost of this request 1010-2920-various Category / Project Budget Program Category / Project Name Tracking Account Number 08071 -1 01 1 08071-1112 Funds Used to Date Program i Project Category Name General Project Number Remaining Balance Fund Name Budseted ltem l-l Budget Adjustment Attached I X I Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Finance and lnternal Services Director QJ o.^ h*l^ q^Ìh Date La.IL Date Received in cQ¡9-0?-1 1 P02: 09 RCVD Clerk'sOffice t/ \ v Received in Mayor's Office ts: Revised January 15,2009 A. 3 Internal Revenue Service (IRS) Task Force Page 1 of 12 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO ARKANSAS To: From: Date: Subject: Mayor Lioneld Jordan and City Council Members Greg Tabor, Chief of Police-N September 2,2017 Budget Adjustment for Participation in the Internal Revenue Service Task Force PROPOSAL: In the Fall of 2008, the Fayetteville Police Department assigned an officer to the local Internal Revenue Service (IRS) Task Force. Our local IRS Task Force is one of only fifteen (15) such task forces to be established nationwide for the purpose of covert investigations of fraudulent activity. The IRS Task Force provides reimbursement funding for all overtime and operating expenses associated with this officer's task force activities. These expenses included overtime, vehicle lease, fuel, cellular phone, and travel. Our local IRS Task Force has proven successful in numerous investigations and received funding for continuation from the Department of Treasury. We will be reimbursed for all overtime and operating expenses associated with our officer's task force activities. The attached budget adjustment in the amount of $41,405 will establish a budget for the revenues and expenses within the IRS Task Force's fiscal years of 2010-2011 and 2}ll-2012, respectively. The IRS Task Force fiscal year is October through September. These funds will be tracked within our Project Accounting System. RECOMMENDATION: Staff recommends approval of a budget adjustment in the amount of $41,405 for the revenues arìd expenses within the IRS Task Force's fiscal years of 2010-2011 and2011-2012, respectively. BUDGET IMPACT: Expenses will be reimbursed through funding from the Department of Treasury. A. 3 Internal Revenue Service (IRS) Task Force Page 2 of 12 RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADruSTMENT IN THE AMOUNT OF $4I,405.00 TO RECOGNZE REVENUE AND EXPENSES RELATED TO CITY PARTICIPATION IN THE LOCAL INTERNAL REVENUE SERVICE (RS) TASK FORCE FOR THE FISCAL YEARS OF 2010-2011 AND 20rr-20r2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section I : That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $41,405.00 to recognize revenue and expenses related to City participation in the local Internal Revenue Service (IR.S) Task Force for the fiscal years of 2010-2011 and 201L-2012. A copy of the budget adjustment is attached as Exhibit "A". PASSED andAPPROVED this 4'h day of October,20Il. APPROVED:ATTEST: By:By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A. 3 Internal Revenue Service (IRS) Task Force Page 3 of 12 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Establish revenue and expense budget for our participation in the lnternal Revenue Service (lRS) Task Force for fiscal years 201 0-201 1 and 201 1 -2012. v11.0425 wnewmanDate 2+7-/-' Daie: Reference: \\\Type: Budget & Research Use Only ABCDE P Date "P*-0 q-(LL-- 1¡-zott City of Fayetteville, Arkansas Budget Adjustment Form Division: Police Department: Police Request Date 1014t2011 Finance Date General Ledger Date Posted to General Ledger Checked / Verified TOTAL BUDGET ADJUSTMENT __41,405_ _!,nS lncrease / (Decrease) Account Number Expense Revenue lnitial Account Name Project.Sub Number Personnel Svcs - Contra Fuel 1010.2920.5120.00 10't0.2920.5213.04 3,500 250 08071 . 1011 08071 . 1011 Travel & training Lease expense 1010.2920.5304.00 1010.2920.5309.00 4,500 1,300 08071 1011 08071' . 1011 Telephone expense IRS Reimbursement 1010.2920.5310.01 1010.0001 .4310.02 855 08071 . 1011 10,405 08071 . 1011 Personnel Svcs - Contra Fuel 1010.2920.5120.00 1010.2920.5213.04 12,000 2,400 08071 . 1112 08071 . 1112 Travel & training Lease expense 1010.2920.5304.00 1010.2920.5309.00 7,600 7,800 08071 . 1112 08071 . 1112 Telephone expense IRS Reimbursement 1010.2920.5310.01 1010.0001 .4310.02 1,200 08071 . 1112 31,000 08071 . 1112 EXHIBIT åA\\þd\dfs\user\Adm in\jcohea\l RS Task Force\2 01 1 -2012\8 A - I RS FY I 1 -'l 2 1of1 A. 3 Internal Revenue Service (IRS) Task Force Page 4 of 12 AGREËMËNT BËTWEEN TRËASURY LAW ENFORCEMENT AGENCIES and LOCAL, COUNTY AND STATE LAW ENFORCEMENT AGENCIES FOR THE REÍMBURSEMENT OF EXPENSES Thís agreement is entered into by the Fayetteville Police Department and lnternal Revenue Service, Crimínal lnvestigatíon, for the purpose of receiving reimbursable costs incured by the Fayetteville Police Department in providing resources to joint operations/task forces. Payments may be made to the extent they are included in the Treasury law enforcement agency's Fiscal Year Plan, and the monies are available withín the Treasury Forfeiture Fund to satisfy the request{s) for reimbursable overtime expenses. ¡. LIFE OF THIS AGRËËMENT : This agreement is effectíve on the date it is signed by both parties and terminates on the fast day of the current Fiscal Year, Agreements are required on a Fisçal Year basis and must be renewed, if appropriate, by September 30th of each Flscal Year for the following Fiscal Year. fl. IAUTHORITY This agreement is established pursuant to the provisions of 31 U.S.C. 9703, the Treasury ForÍeiture Fund Act of 1992, which provides for the reimbursement of certain expenses of local, county, and state law enforcement agencies incurred as participants in joint operations/task forces with a Department of the Treasury law enforcement agency. ffl, PURPOSE OF THIS AGREEMENT This agreement establishes the procedures and responsibilities of both the Fayettevilte Police Department and the Criminal lnvestigation, lnternal Revenue Service, for the reimbursement of certain overtime and othe; expenses pursuant to 31 U.S.C. 9703. Form 9975 (Rev. 2-05) Cat' No.22456K Departrnent of the Treasury - lnternal Revenue Servlce Page I A. 3 Internal Revenue Service (IRS) Task Force Page 5 of 12 NAME OF TASK FORCË/JOIUI.OPERATIoN {lf Applicable) The Name of this Task Force is Suspicous Activity Report Task Force Projected Dates of Rernaining Operation: 1010112010 io 09/30/201 1. c_ol,{,prÏJo4sJ\NpPBegEpuEEE A, Assiqnmentof,FavetfevlllePolfce.PepartmentEfficers To the maximum extent possible, Fayetteville Police Department shall assign dedicated office(s) to the Task Force/Joint Operations. The Fayetteville Police Department shall provide the Criminal lnvestigation, lntemal Revenue Service, with the names, titles, badge or lD numbers of the officer(s) assigned to the Task Force/joint Operation in an attachment to this agreement. B. Requests for Reimþ.ursement of Overtime Expenses 1. The Fayetteville Políce Department may request reimbursement for payment of overtime expenses dÍrectly related to work performed by its officer(s) assigned as members of a Joint Task Force/Operation with the Criminal lnvestigation, lnternal Revenue Service, for the purpose of conducting official Treasuû ínvestigatíons. 2. The Fayettevîlle Police Department shall provide the Criminal lnvestigation, tnternalRevenue Service, within 10 days of thesigning of this agreement, a mandatoryACH Vendor Payment Enrollment Form for Electronic Funds Transfer. 3#::","(=i:ii#f:iiB'J[¡"5"JJü3"i.i:ililå",[J#],?i[ii#::3ff lfl'* signed by an authorized representative of that agency. 4. The Fayetteville Police Department will submit all requests for reimbursable payments together with appropriate documentation to the Criminal lnvestigation, lntemal Revenue Service, , ATTN: SSA Glen Perciful, P. O. Box 706, Little Rock, AR 72203 The Fayetteville Police Department shall certify that the request is for overtime expenses incurred by the FayettevÍlle Police Department for ParticÍpation with a joint operation conducted with the Criminallnvestigation, lnternal Revenue Seruice. The Fayetteville Police Department shallalso certify that requests for reimbursement of overtime expenses have not been made to other Federal law operation. M. V. Form 9975 (Rev.2-05)Cat. No.22456K Department of the Treasury - lnternal Revenue Service Page 2 A. 3 Internal Revenue Service (IRS) Task Force Page 6 of 12 The Fayettevílle Police Department acknowledggs that they remain fully responsible for their obligations as the employer of the officerþ) assigned to the task force/joint operation and are responsible for the payment of overtime . earnings, withholdings, insurance coverage and all other requirements by law, regulation, ordinance or contract regardless of the reimbursable overtime charges incuned. 5. All requests for reimbursement of costs incurred by the Fayetteville Police Department must be approved and certified by the Criminal lnvestigation, lntemal Revenue Service. The Treasury law enforcement agency shall countersign the invoíces for payment, 6. All requests for reimbursement of costs are to be received by Criminal lnvesügation, lnternal revenue Service no later than 15 days after the previous month end. These requests for reímbursement are to be for a full month time. period, from the first day to the last day of the month. There should not be invoices covering only part of the month, as in 1/10/04 - 1n5/04. 7. The Fayettevitle Políce Department is limited to a maximum reimbursement for all overtíme expenses in connection with thís operation of $12,000 per year under this agreernent. By statute, no single otficer may earn more than $15,000.00 per fiscal year ín overtime regardless of the nurnber of agreements he/she is authorized on. Travel and related expenses should not exceed a maximum of g1?,000 for this task force/joint operation for the Fiscal Year period. B. The total dollar value of this agreement may be adjusted at arrytime Oy Criminat lnvestigation, lntemal Revenue Service based upon thefollowing: A) The Criminal lnvestigation, lnternal Revenue Service may modify the total dollar obligation, resufting in an increase or decrease, if they determine that the origínalobligated amount is not commensurate with the rate of reimbursable requests, based on their analysis of submitted reimbursement requests. B) The adjustments to the total doilar value of this agreement rnay result in a partial and/or total reduction of reimbursement funds requested. Any modifÍcation made to an authorized agreement will be documented in writing and immediately provided to the impacted state and local âgency. c. PßgGFAU AUqlï This agreement and its procedures are subject to audit by the Criminal lnvestigation, lnternal Revenue Service, Department of the Treasury, Office of lnspector Gdneral, the GeneralAccounting Office, and other government designated auditors. The Fayetteville -Pslieer-Deprarlmenf-ag+ees-to-permitsuehaudits-and-agrees-te+¡aintain-alkeeords relating to these transactions for a period of not less than three years; and in the event of an on-going audit, until the audit is completed These audits may include reviews of any and all records, documents, reports, accounts, invoÍces, receipts or expenditures relating to this agreement; as well as the interview of any and all personnel involved ¡n these transactions. Form 9975 (Rev. 2-05) Cat No' 22456K Þepartment of the Treasury - lnlemal Revenue Service Page 3 A. 3 Internal Revenue Service (IRS) Task Force Page 7 of 12 Þ. E. REVI$IONS The terms of this agreement may be amended upon the written approval of both the Fayettevílfe Police Þepartment and the Criminal lnvestigatíon, lnternal Revenue Service. Thã revision becomes effective upon the date of approval. NO PRIVATE R]GHT CREATED This is an internal government agreement between a Treasury Law Enforcement Agency and the Fayettevifle Police Department, a Local/County/Siate Law Enforcement Agency, and is not intended fo confer any right or benefit to any private person or party. ************* Signature Date: SpecialAgent in Charge¡. .---\ \ Chief\csæ.. rN\s,ç Printed &$e Tiue Fayetteville Police DePartment Prinied Name Títle ,Crîm inal lnvestigation Nashvílle Field Offïce lntemal Revenue Service Signature Date: Chief Financial OffÏcer Fayettevi lle Police DePartment Printed Name Title Criminal lnvestigation lnternal Revenue Service Washington, DC \-\s-\\ rorm 9975 (Rev. 2-05)Cat. N0.22456K of the Treasury - lnlernal Service Page 4 A. 3 Internal Revenue Service (IRS) Task Force Page 8 of 12 AGREEMENT BETWEEN TREASURY LAW ENFORCEMENT AGENCIES and LOCAL, COUNTY AND STATE LAW ENFORCEMENT AGENCIES FOR THE REIMBURSEMENT OF EXPENSES *#**tT,ffi: This agreement is entered into by the Fayetteville Police Department and lntemal Revenue Service, Criminal lnvestigation, for the purpose of receiving reimburcable costs incurred by the Fayetteville Police Department in providing resources to joint operations/task forces. Payments may be made to the extent they are included in the Treasury law enforcement agency's Fiscal Year Plan, and the monies are available within the Treasury Forfeiture Fund to satisff the request(s) for reimbursable overtime expenses. LIFE OF THIS AGREEMENT This agreement is effective on the date it is signed by both parties and terminates on the last day of the current Fiscal Year. Agreements are required on a Fiscal Year basis and must be renewed, if appropriate, by September 30th of each Fiscal Year for the following Fiscal Year. êqTHo_FrIY This agreement is established pursuant to the provisions of 3l U.S.C. 9703, the Treasury Forfeiture Fund Act of 1992, which provides for the reimbursernent of certain expenses of local, county, and state law enforcement agencles incurred as participants in joint operations/task forces with a Department of the Treasury law enforcement agency. PURPOSE OF THIS AGREEMENT This agreement establishes the procedures and responslbllities of both the Fayetteville Police Department and the Criminal lnvestigation, lnternal Revenue Service, for the reimbursement of certain overtime and other expenses pursuant to 31 U.S.C. 9703- lt; It. A. 3 Internal Revenue Service (IRS) Task Force Page 9 of 12 lv.NAME OF TASK FORCE/JOINI QPERATIQN (lf Appllcable) . The Name of this Task Force is Razorback Financial Crimes Task force Projected Dates of Remaining Operation: ß10112011 to 0913012012. ',V. .A¡Assiqnment of Favetteville Police Departmgnç,9fficerg To the maxímum extent possible, Fayetteville Police Department shall assign dedicated officer(s) to the Task Force/Joint Operations., The Fayetteville Police Department shall provide the Criminal lnvestigation, lnternal Revenue Service, with the names, titles, badge or lD numbers of the officer(s) assigned to the Task Force/joint Operation in an attachment to this agreement. Requests fof Beimbursement of Overtime Exnenses 1. The Fayefteville Police Department may request reimbursement for payment of overtime expenses directly related to work performed by íts officer(s) assigned as members of a Joint Task Force/Operation with the Criminal lnvestigation, lnternal Revenue Service, for the purpose of conducting official Treasury investigations. 2. The Fayetteville Police Department shall provide the Criminal lnvestigation, lnternal Revenue ServÍce, within 10 days of the slgning of this agreement, a mandatory ACH Vendor Payment Enrollment Form for Electroníc Funds Transfer. 3. lnvoices subm¡tted for the payment of overtime to Fayefteville Police Department officer(s) shall be submitted on the agency's letterhead. The invoice shall be signed by an authorized representative of that agency. 4. The Fayetteville Police Department will submit all requests for reimbursable payments together with appropriate documentation to the Criminal lnvestigation, lnternal Revenue Service, , ATTN: SSA Glen Perciful, P.O. Box 706,fittle Rock, AR 72203; ph 501 -396-5921 The Fayetteville Police Department shall certify that the request is for overtime expenses incurred by the Fayetteville Police Department for Participation with a joint operation conducted with the Criminal lnvestigation, lnternal Revenue Service. The Fayetteville Police Department shall also certiff that requests for relmbursement of overtime expenses have not been made to other Federal law enforcement agencies who may also be participating wjth the task force{olnt operation. A. 3 Internal Revenue Service (IRS) Task Force Page 10 of 12 5. 6. 7. The Fayetteville Police Department acknowledges that they remain fully responsible for their obligations as the employer of the officer(s) assigned to the task force/joint operation and are responsible for the payment of overtime earnings, withholdîngs, insurance coverage and all other requirements by law, regulation, ordinance or contract regardless of the reimbursable overtime charges íncuned. All requests for reimbursement of costs incurred by the Fayetteville Políce Department must be approVed and certified by the Criminal lnvestigation, lnternal Revenue Service. The Treasury law enforcement agency shall countersign the invoices for payment All requests for reimbursement of costs are to be receíved by Criminal lnvestigation, lnternal Íevenue Service no later than 15 days after the previous month end. These requests for reimbursement are to be for a full month time period, from the f¡rst day to the last day of the month. There should not be ínvoices covering only part of the month, as in 1/10/04 - 1/25/04. The Fayetteville Police Department is limited to a maximum reimbursement for all overtirne expenses in connection with this operation of $12,000per year under this agreemenl By statute, no single officer may eam more than $15,000.00 per fiscal year in overtime regardless of the number of agreements he/she is authorized on. Travel and related expenses should not exceed a maximum of $ 19.000 (lncludes lease vehicle and fuel) for this task force/joint operation for the FiscalYear period. The total dollar value of this agreement may be adjusted at anytime by Criminal lnvestigation, lnternal Revenue Service based upon the following: A) The Criminal lnvestigation, lnternal Revenue Service may modify the total dollar obligation, resulting in an increase or decrease, if they determine that the original obligated amount is not commensurate with the rate of ieimbursable requests, based on their analysis of submitted reimbursement requests. B) The adjustrnents to the total dollar value of this agreement may result in a partial and/or total reduction of reimbursement funds requested. Any modification made to an authorized agreement will be documented in writing and lmmediately provided to the impacted state and local agency. PROGR.AM AUDITæ. This agreement and its procedures are subject to audit by the Criminal lnvestigation, lnternal Revenue Service, Department of the Treasury, Office of lnspector General, the General Accounting Offtce, and other govemment designated auditors. The Fayetteville Police Department agreçs to permit such audÍts and agrees to maint¡ain all records relating to these transactions for a period of not less than three years; and in the event of an ongoing audit, untilthe audit is completed. These audits may include reviews of any and atl records, documents, reports, accounts, invoices, receipts or expenditures relating to this agreement; as well as the lntervlew of any and all personnel involved in these transactions. & c. A. 3 Internal Revenue Service (IRS) Task Force Page 11 of 12 Title Department Chief Financial Officer Fayetteville Police Department ,REVISIONS The terms of this agreement may be amended upon the written approval of both the Fayettevílle Police Department and the Críminal lnvestigation, lnternal Revenue Service. The revision becomes effective upon the date of approval. NO PRIVATE RIGHT CREATED This is an intemal government agreement between a Treasury Law Enforcement Agency and the Fayetteville Police Department, a Local/County/State Law Enforcement Agency, and ls not intended to confer any right or benefit to any private person ot party. Signature Date: SpecialAgent inChief of Police Charqe Criminal lnvestigation Nashville Field Office lnternal Revenue Service Si$nätuie a- FiscalOfficer Printed Name Title Criminal lnvestigation lnternal Revenue Service Washington, DC \*.S A. 3 Internal Revenue Service (IRS) Task Force Page 12 of 12 A. 4 Bid #11-49 Second Nature Property Management, LLC Page 1 of 8 A. 4 Bid #11-49 Second Nature Property Management, LLC Page 2 of 8 A. 4 Bid #11-49 Second Nature Property Management, LLC Page 3 of 8 A. 4 Bid #11-49 Second Nature Property Management, LLC Page 4 of 8 A. 4 Bid #11-49 Second Nature Property Management, LLC Page 5 of 8 A. 4 Bid #11-49 Second Nature Property Management, LLC Page 6 of 8 A. 4 Bid #11-49 Second Nature Property Management, LLC Page 7 of 8 A. 4 Bid #11-49 Second Nature Property Management, LLC Page 8 of 8 Ray M. Boudreaux Gity of Fayetteville Staff Review Form City Council Agenda ltems and Contracts, Leases or Agreements 101412011 City Council Meeting Date Agenda ltems Only Aviation Transportation Submitted By Division Department Action Required: Required: (1) Approve a Contract with Alarmtec Systems, Contact: Brent Blankinship, 5636 Commerce Ct., Sheruvood AR 72120, 501-834-2079, 501-834-1087 fax, bblankinship@alarmtec.com. (2) Approve Change Order #1, reduction) to Contract with Alarmtec Systems. 166,500.00 180,000.00 Airport Security lmprovements Cost of this request 5550.3960.5804.00 Category / Project Budget Program Category / Project Name 13,288.00 Avi/ED lmp Funds Used to Date Program / Project Category NameAccount Number 11017 1 Airport Project Number 166,712.00 Remaining Balance Budget Adjustment Attached l-l Fund Name Budseted ltem |-Ï-] ''g- r I Previous Ordinance or Resolution # 66-1 1 Date Original Contract Date: Original Contract Number:?t¿- lt áí-A L Date 7Å5rü Date : This project has received a 80120 grant from the Arkansas Department of Aeronautics. Revised January 15, 2009 Received ¡n C,tfl-i 5- l'i Po4 tøJ R CVD Received in Mayor's Office A. 5 Bid #11-54 Alarmtec Systems Page 1 of 10 City Council Meeting of: October 4,2011 Agenda Item Number: AVIATION DIVISION FAYETTEVILLE EXECUTIVE AIRPORT. DRAKE FIELD CITY COI]NCIL AGENDA MEMO/STAFF COIYTRACT REVIEW MEMO TO: THRU: THRU: THRU: FROM: DATE: Mayor Jordan Chief of Staff StaffContract Review Committee Terry Gulley, Transportation Ray M. Boudreaux, Aviation September 1,2011 SUBJECT: Approve Contract and Changer Order No 1 with Alannntec Systems for the Airport Security Upgrade Project. Signature of the Mayor, RECOMMENDATION: Approve Contract and Change Order No. 1 with Alarmtec Systems for the Airport Security Upgrade Project. Signature of the Mayor. BACKGROUND: The City Council approved application to the State for a grant to complete a Security Improvement Project that installs cameras on the entry points, the Terminal Apron and the fuel storage areas. The State approved the grant and the project received one bid to do the work. The bid was over the available funding so the project was successfully negotiated with the contractor for an amount within the available funding. Several items were eliminated from the project to get the price down. The contractor will install cameras, new entry gate controllers and provide a security badge system which includes RFID coding that can be used to control the entry gates. The system will reside on the City network so that access can be gained by Dispatch during non-duty hours. This project meets the FAA recommendations for general aviation airport security. BUDGET IMPACT: This project is funded by atr 80/20 State Aeronautics CommissionGrant. 20Vo will be funded by the Airport use of fund balance. Attachments: Staff Review Budget Adjustment Contract Change Order No. I 45OO SOUTH SCHOOL AVENUE, SUITE F . AIRPORT TERMINAL BUILDING . FAYETTEVILLE AR 72701 479.7 18.7 642 . 479.7 18.7646 FAX . www.accessfayetteville.org/governmenVav¡ation r a¡rport_econom¡c_development@ci.fayetteville.ar.us ARKANSAS A. 5 Bid #11-54 Alarmtec Systems Page 2 of 10 RESOLUTION NO. A RESOLUTION AWARDING BID #TI-54 AND APPROVING A CONTRACT AND CHANGE ORDER V/ITH ALARMTEC SYSTEMS IN THE TOTAL AMOLINT OF $166,500.00 FOR CONSTRUCTION OF SECURITY IMPROVEMENTS AT DRAKE FIELD BE IT RT,SOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #11-54 and approves a contract and change order with Alarmtec Systems in the total amount of $166,500.00 for construction of security improvements at Drake Field. PASSED and APPROVED this 4th day of October,2}ll. APPROVED:ATTEST: By:By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A. 5 Bid #11-54 Alarmtec Systems Page 3 of 10 CONTRACT Reference Bid: 1 1-54, Construction - Drake Field Security lmprovements Contractor: Alarmtec Systems Term: Specific Project Only - No Revolving Terms This contract executed this day of October. 2011, between the Gity of Fayetteville, Arkansas, and Alag¡úgg$lems.,ln consideration of the mutual covenants contained herein, the parties agree as follows: 1. Alarmtec Svstems at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 1 1-54 as stated in Alarmtec Svstems's bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 1 1-54. 2. The City of Fayetteville shall pay AþItrlgs Syqlglllg for work as described in Bid 11-54, submitted by Alarmtec Svstems for the Total Lump Sum Bid, less Deductive Alternates #1 and#2,$189.800. and less Ghange Order No.1 ($23,300.00) for a Contract Sum of One Hundred Sixty Six Thousand, Five Hundred Dollars $166,500.00. Payments will be made after approval and acceptance of work, and submission of detailed invoice. Payments will be made within a maximum 30 days after acceptance of invoice. Alarmtec Svstems agrees to make detailed invoicing related documentation available to the City. 3. The Contract documents which comprise this contract between the City of Fayetteville and Alarmtec Svstems consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as lnvitation to Bid 11-54 with the specifications and conditions typed thereon.B. Alarmtec Svstems bid proposal, including mark up on materials and hourly rates. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Alarmtec Svstems and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Alarmtec Svstems. 5. Alarmtec Svstems shall not assign its duties under the terms of this agreement. 6. Alarmtec Svstems agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Alarmtec Svstems shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. ln case any employee engaged in work on the project under this contract is not protected under Worker's Compensation lnsurance, @!!¡|Q Svstems shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Bid 1 1-54, Construction - Drake Field Security lmprovements Page 1 of 2 A. 5 Bid #11-54 Alarmtec Systems Page 4 of 10 Workmen's Compensation Statutory Amount Comprehensive General & Automobile lnsurance Bodily lnjury Liability $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Alarmtec Svstems. 8. Alarmtec Svstems shallfurnish proof of licensure as required by allfederal, state, and local agencies. 9. This contract may be terminated without penalty by the City of Fayetteville or @!ec Svstems with 30 days written notice. 10. Freedom of lnformation Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of lnformation Act. lf a Freedom of lnformation Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of lnformation Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Ghanges in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. ALARMTEC SYSTEMS CITY OF FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor Printed Name & Title ATTEST:ATTEST: Gompany Secretary Sondra Smith, Gity Clerk Date Signed: Business Address City, State & Zip Code Date Signed: Bid 1 1-54, Construction - Drake Field Security lmprovements Page 2 ol 2 By: A. 5 Bid #11-54 Alarmtec Systems Page 5 of 10 CHANGE ORDER Order No. Date: Agreement Date: September 15. 201 1 October 4. 2011 NAME OF PROJECT: Drake Field Securitv lmorovements Bid 11-54 OWNER: City of Fayetteville (Airport Department) CONTRACTOR:Alarmtac Svqtoms The following changes are hereby made to the QQNTRACT DOCUMENTS: 1. Decrease the amount of work by decreasing the number of cameras by five(5) and provide three (3) POE switches and add Two weather proof encfosure at to two gate locaions to house the POE sw¡tches, and delete the seeding, mulching and sodding' (See attached deductive change order óquest from the Electrical Engineer. Deduct cost of $ 23'300.00 to the contract.. Justification: 1. The Owner requires the project cost to be reduced to be within the available funding from the State Aeronautics Dept. and the Drake Field Airport Account. CONTRACT PRICE prior to this Change Orders: Decrease in Contract Price: Revised CONTRACT PRICE lncluding this Change Order: Final Completion Time Prior to This Change Order: Net Time Change Resulting From This Change Order: $ 189.800.00 ($29.300.00) $ 165,500.00 90 Calendar Davs 0 Calendar Davs Change to CONTRAGT TIME: The C-ONTRACT TIME will be (increased)€eerease¿) by 0 calendar days. Approvals Required: fö'Oe effective ihis Order must be approved by the Owner if it changes the scope or objective or the PROJECT, or as may otherwise be required by the GENERAL CONDITIONS. Requested by: Alarmtec Systems Date Recommended by: Approved by: McOlelland Consulting Engineers, lnc.Date J:\2011\112133- DRAKESECURIT\ICONSTRUCTIOI\¡\CHANGEORDERS\CHANGEORDERI'DOC Date Page 1 City of Fayetteville A. 5 Bid #11-54 Alarmtec Systems Page 6 of 10 Engineering Elemetrß, PLLC 2820EMillennir¡mDriveSuite2 FayeüevillqArkansasT2T03 nr¡rc @79) @5-1333 Fax: (479) 251 û82 PROPOSAL REQUEST MEMORANDUM Proposal Request No. 1 Number of Pages:2 TO:Wayne Jones COMPANY: McClelland Consulting Engineers PROJECT: Drake Field Access Security PROJECT #: 10-025 SUBJECT: Deduct Change Order Please find attached a description of work required to make the changes that we have previously discussed. lt is intended that this description be added to or included with your standard Proposal Request form. This is being sent only to you. lf you have any questions or comments regarding this description of work, please do not hesitate to call. ELECTRICAL 1. REFER TO SHEET E1.2, ENLARGED TERMINAL ELECTRICAL PLAN: 1.1 Delete camera C.08 on the west face of the terminal building. 1.2 Relocate camera C.09 from the present light pole location to the northwest corner of Hanger Building 14. Provide POE switch, conduit and wiring to Hanger 14 to accommodate this camera. 1.3 Delete camera C.11 on the east face of the terminal building. Coordinate the exact final aiming of cameras C.10, C.12 and C.13 with the owner during construction. 2. REFER TO SHEET E1.2, ENLARGED FUEL STORAGE ELECTRICAL PLAN: 2.1 Delete camera C.06 from this project. 2.2 Delete the new pole for camera C.07. Camera C.07 shall be relocated to the existing pole light approximately 30 feet east of the camera location presently shown. Provide POE switch and weatherproof enclosure at this gate location for new camera, with fiberoptic back to terminal building. FROM: DATE: Shane R. Lanning September 14,2011 A. 5 Bid #11-54 Alarmtec Systems Page 7 of 10 3. REFER TO SHEET E1.2, ENLARGED ARFF ELECTRICAL PLAN: 3.1 Delete camera C.03 at the Pilot's Lounge. 3.2 Provide POE switch and weatherproof enclosure at the gate location on Lancaster Drive for new camera and card reader, with fiberoptic back to the Pilot's Lounge. 4. REFER TO ADDENDUM NO. 2: 4.1 Delete all seed and straw andlor sodding at all new trench areas. END OF PROPOSAL REQUEST MEMORANDUM 2 I 0025-P.op Req-Sepll 4.201 Ldoc A. 5 Bid #11-54 Alarmtec Systems Page 8 of 10 â,li4 RESOLUTION NO. 66-1.I A RESOLUTION APPROVING TASK ORDER #2 TO A CONTRACT WITH MCCLELLAND CONSULTTNG ENGINEERS, D,IC. IN TTIE AMOUNT OF $I2,9OO.OO TO DEVELOP AND BID AN AIRPORT SECURITY IMPROVEMENTS PROJECT FOR FAYETTEVILLE EXECUTIVE AIRPORT- DRAKE FIELD CONTINGENT UPON RECEIPT OF A GRANT AWARD, AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF A GRANT FROM THE ARKANSAS DEPARTMENT OF AERONAU'TICS TN THE AMOUNT OF SI44,OOO.OO, AND APPROVING A BUDGET ADruSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF' TIIE CITY OF T.AYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkarsas hereby approves task order ll2 ø a contract with McClelland Consulting Engineers, Inc. in the amount of $12,900.00 to develop and bid an airport security improvements project for Fayetteville Executive Airport-Drake Field, a copy of radrich is attached as Exhibit "A", contingent upon the receip of a grant award. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes application for and acceptance of a grant from the Arkansas Department of Aeronautics in the amount of $144,000-00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustnent, a copy of which is auached as Exhibit ..B". PASSED and APPROVED this 19ú day of April, 201 I . APPROVED:ATTEST: $ø'i croX¿ ur, &a*l ',ê, rô^ffi, SONDRA E. SMITH, City Clerk/Treasurer *n**ËsåËr?a,ã irnvEnEvlts: =--""" ffNf".q"$t A. 5 Bid #11-54 Alarmtec Systems Page 9 of 10 A. 5 Bid #11-54 Alarmtec Systems Page 10 of 10 City of Fayetteville Staff Review Form City Council Agenda ltems and Contracts, Leases or Agreements 10t4t2011 Alison Jumoer Å Submittdd By City Council Meeting Date Agenda ltems Only Park Plannino/Urban Forestrv Division Parks and Recreation Department Tree Escrow Funds Cost of this request 4470.9470.5315.00 141,448.00 Category i Project Budget 3,817.80 Funds Used to Date 137,630.20 Remaining Balance Budget Adjustment Attached Program Category / Project Name Contract Services 73,374.00 Account Number 08001.2-5 Program / Project Category Name Sales Ta¡</ïree Escrow Project Number Budseted ltem fTI Fund Name Ã resõtutiõñ awañinþ Bid #l ì -55 ánð àpþioval of a coniract with All Around Landscapíng, lnc. in the amount of $66,704 with a 10% project contingency of $6,670 for a total project cost of 973,374 for the planting of trees for the Tree Escrow Fund. ?T/M Datew Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Citgg- 15-1 1p02: 1 g RCVD Clerk's Office ( Received in Mayor's office [ ? ¿l-ltolt .|¡# Date 7¿#*/ Finance and lnternal Services Director Revised January 15, 2009 A. 6 Bid #11-55 All Around Landscaping, Inc. Page 1 of 12 THE CITY TF FAYËTTËVILLË, ARKANSAS DËPARTMENT CORRESPqNDENCÉ CtrTY COUNCIL AGENDA MEMO To: Thr¡¡: Fnom: Date: Subject: Mayor Lioneld Jorclan ancl City Council Don Marr, Chief of Staff tî, t? Connie Edmonston, Parks and Recreation Directot (¡í [¿, Alison Jumper, Park Planning Superintendent ,I September 19,2A11 Eid # 11-55,2t11, Tree Flnnting Project ,A,genda R.equest for October 412011Meeting FROPOSAL: Chapter 167 of the Unified Development Cocle requires developers to pay money in-lieu to the Tree Esctow Fund when it is not plactical to plant rnitigation trees at the time of flrnal plat approval. Moníes receivecl tnust be spent within seven years. Trres must be planted within the street rights-of-way of the clevelopment, If the planting space is not adequate for trees, then the trees rnay be plantecl within a l-mile radius of the clevelopment. If a proper planting space cannot be locatecl within one mile, the trees must be planted within the associated Park Land Dedication Quadrant. Approxirnately $120,000 must be spent by December 2012. This rnoney will be usecl to plant trees and restore trce canopy in various sections of the city where canopy was rerroved by development. The bicl for the 20ll Tree Planting Project was advertisecl on August l5th and 29th ancl openecl on Septernber l4tl'. Four venclors including All Around Landscaping, Iîc., GroundServ, Fout Seasons Lanclscaping and Professional Landscaping Co., Inc. sublnitted bicts with All Around Landscaping, Inc. being the low bicl in the amount of $66,704. If approved, the trees will be planted by Decernber 31, 2011. A bicl to water ancl ptune the trees planted with the 2010 projecr (312 trees) as well as the 201 I trBes (a73) is anticipated to be aclvertisecl in the spring of 2012. RECOMMENDATTON: A resolution awarcling Bid #11-55 anct approval of a contract with All Around Lanclscaping, Inc. in t-he amount of 566,704 witha l0%projectcontingencyof $6,6T0.40foratotalprojectcostof 973,374 fortheplantingof treesfor the Tree Esctow Fund. BVDGET IMPACT: The project is funded with Tree Escrow funds. Total project cost including a l\Yo project contingency is $73,374. A,ttachments: Staff Review Fonn Certif,red Bid Tab Contract Agreement Signed by Contractor Purchase Requisition A. 6 Bid #11-55 All Around Landscaping, Inc. Page 2 of 12 RESOLUTION NO. A RESOLUTION AV/ARDING BID #11-55 AND APPROVING A CONTRACT WITH ALL AROI-IND LANDSCAPING, INC. IN THE AMOUNT OF $66,704.00 FROM THE TREE ESCROW FUND FOR THE PURCHASE AND PLANTING OF TREES, AND APPROVING A TEN PERCENT (TO%) PROJECT CONTINGENCY BE IT RESOLYED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #Il-55 and approves a contract with All Around Landscaping, Inc. in the amount of $66,704.00 from the Tree Escrow Fund for the purchase and planting of trees. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a ten percent (I0%) project contingency. PASSED and APPROVED this 4th day of OctobeL2}ll. APPROVED:ATTEST: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer By: A. 6 Bid #11-55 All Around Landscaping, Inc. Page 3 of 12 .j- .a . ...<i!,::1..:..:...:.. , ElDpËR,.,,,t+l$i=,j,:':i:i.:,.'"',:'.,','.,' AllAround Landscaping B¡d '!'!-55, Construction - Tree Flanting Pnoject 1 2 Four Seasons Landscaping 3 GroundServ 4 Profressional Landscaplng BID:'11-55 DATE: Ogt14Í11 TIME:2:00 PM GiTY OF FAYETTEV¡LLE '' l,ï4._¡yÌB-A,sE;$[O';;,1,,,,,:i:l... $ 66,704"00 $ 97,392"0CI $ 93,833"85 $ 't40,000.00 A. 6 Bid #11-55 All Around Landscaping, Inc. Page 4 of 12 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 2011 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and All Around Landscape, lnc. (herein after called CONTRACTOR). CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article l. WORK. CONTRACTOR shall complete allWork as specified or indicated in the Contract Documents. This pro.¡ect includes the installation of trees along street rights-of-way located within the city limits of Fayetteville, Arkansas. Street tree plantings include providing and installing minimum 2" caliper trees, as specified, along with any additional materials and equipment used in the performance of this contract. Article 2. PROJECT MANAGER. The Project is being managed by: City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 7 27 01 and will hereinafter be called PARKS AND RECREATION DEPARTMENT PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. All trees must be installed no later than December 31 ,2011. 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($2SO.OO¡ for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final Bid 11-55, 2011 Tree Planting Project City of Fayetteville Page 1 of7 October 4,2011 A. 6 Bid #11-55 All Around Landscaping, Inc. Page 5 of 12 payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($2SO.OO¡ for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2below: 4.1. For all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. Forall Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. PAYMENT ITEMS B¡d 11-55 2O11Tree Planting Project All Around Landscaping, lnc. ITEM II DESCRIPTION UNIT EST. OTY UNI I PRI(jT IU¡AL Jôhili7âtiôn lnôt tô êycæ.j Sol" ôf ôrôiêcl h¡.iì L.S.sn ôô ßo oo tw Oak Quercus maaoærpa - ComÞleie ¡n place per spec¡f¡cations & trÂ $203 00 ç^ ^qq ôtì )h¡nkap¡n Oak Quercus muelenberg¡i - Complete ¡n place per spec¡fìcat¡ons 1Â st8¿ oo s6 992 00 ;h¡ngle Oak Que¡cus ímbriæria - Complete ¡n place per spæificat¡ons & EA )A q?lA no sÂ 2tÂ o0 ìwamp Wh¡te Oak Quercus b¡ælor - Complete in place per spæ¡ficat¡ons & FÂ ?9 s184 00 qÃ 1ì?Â nn ôhlôllv pinê P¿nr.s tâedâ - Comolete in ôlecê oer soec¡fications & deta¡ls FÂ s1C6 00 ßl 176 00 t Pi^ã P¡ilt. lâÞdâ - CñmôlÊta ¡ô ôlâcê ôê. sôêc¡ficâl¡ons & dêtâ¡ls E-4.qlaÂ nn s1 564 OO \merican Elm Ulmus amer¡cana Cult¡var Valley Forge - Complete ¡n place ,ôr cña.¡fi.ât¡ññc Ê dÂtâ¡lc FA s2't I 00 qA ôlA nfì ìed Cedar Junrperøs v¡rg¡niana Cullivar ll€teleeri - Compl€te in place per 'ñô^¡6^âr¡^ñê q dô1.i1è F 1ô q)t 1 ãî ß2 21flfll, ln \merican Unden (Bass\iloodl.nila ameriæna Cult¡var Redmond - Complete ^ ^r^-^ ^^. ê^ô^iÊ^âr¡^^ê q ¡êrâilc EA ta q22 1 nî ßÂ 40q o0 ì¡ver Birch (Heritagel Betula n¡qrc Cultivar Cully - Complete ¡n place per :âô.¡fi ^ât¡^ñê ß dÂtâilc FÂ 26 s192 00 s4.992.00 1' \meri€n Hornbeam OsWa v¡rg¡niana - Complete in place per spec¡fìcat¡ons F I $15¿ tuì sl 062 00 )klahoma Redbud Cercis ren¡form¡s - Complete in place per spec¡fications & EA q?1 q nn ß? 3Ê5 00 1L ìweelgum Liqu¡dambar slyraciflua Cult¡var Happìdaze - Complete in place 'âr êñê.¡fi.âr¡ôñc Ê dêtâ¡lc FÀ s21 I 00 s6.963.00 15 ìouthern Magnol¡a Magnol¡a grand¡tlorc Cultivar L¡ttle Gem - Complete ¡n Jâ^ô ^ãr ê^ô^;Ê^âl¡^ñè 4 ¡ôr.¡lê F I ç?qq ôft 9777 00 IA ìouthern Magnol¡a Magnolia grand¡llora Cult¡var Bracken's Brom Beauty - ÊA A ç?t I nô s1 ÂÂR llo '17 À/h¡te-flowering Dogwood Cornus tloídâ Cultivâr Cherokee Pr¡ncess - '^h^lôrô ¡ñ ñlâ^ô ñô. c^èF¡fi^âtiôñc Ê dÂ1âilc FÁ ß203 ol)$2 233.00 IR ì¡lÞ Reslor s 1 s0 00 s0 00 TOTAL CONTRACT AMOUNT $66,704.00 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaianteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in paragraph Bid 11-55, 2O11Tree Planting Project City of Fayetteville Page 2 of 7 October 4,2011 A. 6 Bid #11-55 All Around Landscaping, Inc. Page 6 of 12 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.8 of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article l4 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in the General Conditions 5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC-14.02. All such payments will be measured by the schedule of values established in paragraph 2.OT of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER sha|I determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.8.5 & 14.02.D of the General Conditions. 95 percent of Work completed (with the balance of 5 percent being retainage), lf Work has been 50 percent completed as determined by the PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE ANd PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, MAY determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.8.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such. amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.8.5 & 14.02.D of the General Conditions. Bid 11-55, 2011 Tree Planting Project City of Fayetteville Page 3 of 7 October 4,2011 A. 6 Bid #11-55 All Around Landscaping, Inc. Page 7 of 12 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.8 & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in said paragraphs 14.07.8 & C. Article 6. CONTRACTOR'S REPRESENTATIONS. ln order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefulJy studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the sites and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.4 of the General Conditions. CONTRACTOR accepts the determination set forth ín paragraph SC-4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or othenvise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. Bid 11-55, 2011 Tree Planting Project City of Fayetteville Page 4 of 7 October 4,2011 A. 6 Bid #11-55 All Around Landscaping, Inc. Page 8 of 12 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents 6.7. CONTRACTOR has given PARKS AND RECREATION DEPARïMENT PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER is acceptable to CONTRACTOR and the Contract Ðocuments are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 7, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of lnsurance, (Exhibit C). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages I to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. Specifications consisting of Divisions 1 through 32 as lísted in table of contents thereof. 7.8. Addenda numbers 1-4, inclusive. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through three with each sheet bearing the following general title: 2011 Tree Planting Project. 7.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. Bid 1 1-55, 201 1 Tree Planting Project City of Fayetteville Page 5 of 7 October 4,2011 A. 6 Bid #11-55 All Around Landscaping, Inc. Page 9 of 12 The documents listed in paragraphsT.2 et seq. above are attached to this Agreement (except as expressly noted othen¡vise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreementwhich are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound;.and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible. expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of lnformation Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of lnformation Act. lf a Freedom of lnformation Act request is presented to the City of Fayetteville, CONTRACTOR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of lnformation Act (A.C.A. 525-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7. No liens against this construction project are altowed. Arkansas law (A.C.A. SS 18- 44-501through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non- payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. B¡d 11-55, 2011Tree Planting Project City of Fayetteville Page 6 of 7 October 4,2O11 A. 6 Bid #11-55 All Around Landscaping, Inc. Page 10 of 12 tN WTNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE, and one counterpart has been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or identified by PARKS AND RECREATION DEPARTMENT PROJECÏ MANAGER on their behalf. This Agreement will be effective on Date of The Agreement). CITY OF FAYETTEVILLE: 2011 (which is the Effective By: Mayor IcoRPoRATE SEALI Attest "Attest Address for giving not¡ces * lf a Corporation, attest by the Secretary. Address for giving notices (tf CITY OF FAYETTEVTLLE is a public body, attach License ruo. @6)-f 6oLl l"J- evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement.) (lf CONTRACTOR is a corporation, attach evidence of authority to sign.) Bid 11-55, 2011Tree Planting Project City of Fayetteville CONTRACTOR IcoRPoRATE SEALI Page 7 of 7 October 4,2011 A. 6 Bid #11-55 All Around Landscaping, Inc. Page 11 of 12 ño:ñ ;i .sl¡ño Ø,tt u,9- Ëç'F: ott sîËÂd3 6¡ u)E¡F-9 FUI F'r Ëa oFË; Ê' ¡ñ Ebõo TH Êã F(, ouJc{ A. 6 Bid #11-55 All Around Landscaping, Inc. Page 12 of 12 Greq Tabor City of Fayetteville Staff Review Form City Council Agenda ltems and Contracts, Leases or Agreements 101412011 Gity Council Meeting Date Agenda ltems Only Police Submitted By Department Action Required: seeks council approval of a resolution to adopt Fayetteville Police Department Policies: 25.1 Grievance ures, 35.1 Performance Evaluation and 61.4.3 Towed Vehicles. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budseted ttem l-l Budget Adjustment Attached l-1 Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 0q-ló-l1AOe:24 RCVÙ Received in City Clerk's Office | / Received in Mayor's Office Revised January 1 5, 2009 A. 7 Police Department Policies Page 1 of 14 THE CITY OF FAYETTEVILLE, ARKANSAS POL¡CE DEPARTMENT 100-Awest Rock Street Fayettev¡lle, AR 72701 P (479) s87-3sss F (47Ð 5A7 -3522 To: From: Date: Re: Mayor Lioneld Jordan and City Council Greg Tabor, Chief of Poti."R Friday, September 16, 20II Police Department Policy and Procedures IRecommendation: Council approves a resolution adopting Fayetteville Police Department Policies: 25.1, Grievance Procedures; 35.1, PerfoÍnance Evaluation and 61.4.3, Towed Vehicles. : Th" **"rt F.)^tt""ttl" Pol.e Department Policies were approved by council resolution #3-gg on January 5tl', 1999. The department is currently in the process of reviewing all policies and updating as necessary to conform to current practices and to comply with accreditation standards. Budset Impact: None Telecommunícations Devíce for the Deaf TDD (479) 521-1316 I I3 West Mountain - Fayeneville AR72701 A. 7 Police Department Policies Page 2 of 14 RESOLUTION NO. A RESOLUTION APPROVING FAYETTEVILLE POLICE DEPARTMENT POLICIES 25.1 GRIEVANCE PROCEDURES, 35.1 PERFORMANCE EVAIUATION, AND 6T.4.3 TO\ryED VEHICLES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Fayetteville Police Department policies 25.1 Grievance Procedures, 35.1 Performance Evaluation, and 61.4.3 Towed Vehicles. A copy of the policies, marked as Exhibit "4", is attached hereto and made apart hereof. PASSED and APPROVED this 4th day of October,20ll. APPROVED:ATTEST: By:By: LIONELD JORDAÀI, Mayor SONDRA E. SMITH, City ClerVTreasurer A. 7 Police Department Policies Page 3 of 14 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDIIRES, A]YD RTILES Subiect: 25.1 Grievance Procedures Effective I)ate: Reference:Version: I CALEA: 25.1.1, 25.1.2, 25.1.3 No. Pages: 2 I. Purpose The purpose of this directive is to ensure the Fayetteville Police Department will provide fair, equitable and clearly defined means for the resolution of grievance. All employees and supervisors shall be accorded reasonable opportunity to present the facts bearing on a grievance. Grievances will remain confidential between the aggrieved employee and all others directly involved in the resolution of the grievance. This formal grievance procedure is not intended to prevent employees from utilizing other means of recourse. II. Procedure A. An aggrieved matter is an issue relating to the employee's working conditions affecting health, safety, job satisfaction, availability of tools or equipment necessary to perform work or other matters related to job performance. It must be a matter within the control of the department and set forth a clear indication of unfaimess resulting in harm or damage to the aggrieved employee ICALEA 25.1.1 a.]. B. Items not aggrieved under this policy include but are not limited to discrimination and harassment complaints, disciplinary actions, Offrce of Professional Standards investi gations, j ob performance evaluations, and terminations. C. An employee who, after discussing an issue with an immediate supervisor and is not satisfied with the answer, may file a grievance in writing. The grievance must be filed within 10 calendar days after the employee becomes aware of the issue to be grieved ICALEA 25.1.1b.]. Failure to submit a written grievance within this time limit, or to appeal the grievance to the next level within stated time limits, constitutes abandonment of the formal grievance process. A grievance may be terminated at any time upon receipt of a signed statement from the employee. D. Grievances shall be submitted in writing and shall include ICALEA 25.1.1 c.]: l. A written statement of the grievance and facts upon which it is based, 2. Allegations of the specific violation andlor harm done, and 3. A statement of remedy or adjustment being sought. EXHIBITåA 25.1 Grievance Procedures Page 1 of2 A. 7 Police Department Policies Page 4 of 14 E. Personnel shall submit the grievance to their immediate supervisor [CALEA25.l.1 a.]. 1. If the grievance is with the immediate supervisor, it shall be submitted to the next level in the chain of command ICALEA 25.I.1 d.]. 2. The supervisor receiving the grievance shall notiff the division captain or division head in writing ICALEA 25.1 .1 d.]. 3. Upon receipt of a grievance, a supervisor has 10 calendar days to attempt the resolution of the grievance ICALEA 25.1.1 d.]. 4. If the employee is not satisfied with the response, the employee, within five calendar days, may appeal the grievance following the chain of command ICALEA 25.1.1 b.]. 5. The Chief of Police is the final authority of appeal of any grievance ICALEA 25.L1 a.l. 6. If the grievance is against the Chief of Police, it shall be submitted to the City of Fayetteville Mayor ICALEA 25.1.1 d.]. E. Employees are not entitled to representation by legal counsel during a grievance proceeding; however, the employees are allowed to have a non-participating representative with them during the proceeding ICALEA 25.I.I e.]. F. In the event of a policy conflict, the topic specific policy shall supercede this policy. III. Coordination A. The Office of Professional Standards shall be responsible for coordination of grievance procedures ICALEA 25.1.2]. 1. Copies of grievances and their investigations shall be filed electronically by name and date with the Office of Professional Standards and kept indefinitely. 2. Due to the sensitivity of such records, access to grievance documents shall be limited to the Chief of Police or his/trer designees. 3. The supervisor of the Office of Professional Standards shall conduct an annual analysis of grievances and file a report with the Chief of Police ICALEA 2s.r.31. 25.1 Grievance Procedures Page2 of2 A. 7 Police Department Policies Page 5 of 14 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, A]YD RULES I. Purpose The purpose of this policy is to establish the procedures that enable the Fayetteville Police Department to execute its performance evaluation and personnel early warning system. This policy is designed to support the City of Fayetteville's Policy and Procedure HR-06 "Performance Evaluation" and covers additional requirements of the Fayetteville Police Department not covered in the city's policy. il. Policy A. Probationary Employees Probationary employees are officers in their first year of employment. A separate set of criteria is important in the rating of personnel on probation in order to determine, at the earliest point, their suitability for their current position. ICALEA 35.1.3] 1. All probationary employees of the Fayetteville Police Department will be provided a written performance evaluation report quarterly during the probationary period. 2. The supervisor of the Field Training Officer Program will complete quarterly reports during the probationary period. 3. A "quarterly evaluation form" will be utilized and may be supported by FTO Daily Observation Reports (DOR) and FTO six-week phase reports. B. Non-Probationary and Civilian Employees 1. Supervisors will be trained on how to do job performance evaluations through the City of Fayetteville Human Resources Division. ICALEA 35.1.1 d] 2. Supervisors of non-probationary employees shall notiff non-probationary employees in writing whenever their performance is deemed to be unsatisfactory. ICALEA 35.1.61 3. Non-probationary and civilian employees shall be evaluated yearly by their immediate supervisor utilizing the prescribed evaluation form. ICALEA 35.1.2] 4. The employee's supervisor shall notify the employee whenever the employee's performance is deemed to be unsatisfactory. Subject: 35.1.1 Performance Evaluation/Personnel Early V/arning System Effective Date: Reference:Version: 1 CALEA: 35. 1. 1, 35.1.2, 35. 1.3, 35.1.4, 35. 1.5, 35. 1.6, 35.1.7, 35. 1.8, 35.1.9 No. Pages: 4 35.1 .1 Performance Evaluation Page I of4 A. 7 Police Department Policies Page 6 of 14 5. Supervisors should be prepared to substantiate ratings at the unsatisfactory level, to advise the employee of unsatisfactory performance, and to define actions that should be taken to improve his or her performance. C. Consultation with Employee 1. Each employee should be counseled at the conclusion of the rating period in the following areas ICALEA 35.1.7]: a. Results of the performance evaluation. Supervisors should incorporate the results of the performance evaluation during the employee consultation ICALEA 35.r.7 a.]. b. Level of performance expected, rating criteria or goals for the new reporting period. Supervisors must provide goals for the new reporting period.as required in the City of Fayetteville Performance Evaluation Form ICALEA 3s.1.7 b.l. c. Career counseling relative to such topics as advancement, specialization, or training appropriate for the employee's position. The presentation of an employee's annual performance evaluation is an opportune time for supervisors to discuss these three topics and to discuss training needs and opportunities, educational opportunities, lateral transfer and promotional opportunities, and areas of achievement and areas for improvement ICALEA 35.1.7 c.]. 2. A copy of the completed evaluation report will be provided to the employee by printed copy or electronic record ICALEA 35.1.5 e.]. The original evaluation will be filed in the employee's personnel file at the Human Resources Department. ICALEA 3s.l .s gl D. Appeals The Chief of Police will be the final level of authority on appeals for personnel who contest an evaluation report ICALEA 35.1.5 f.]: 1. If an employee contests an evaluation report, an employee will have the right to appeal the evaluation report to the authoring supervisor's supervisor within ten calendar days ofreceipt ofthe evaluation, 2. At that point, the authoring supervisor's supervisor will conduct a review of the evaluation report to include corresponding documents and interviews of personnel involved. 3. If the authoring supervisor's supervisor determines any changes are required, they will be made part of the official evaluation report. E. Rating Evaluation Raters involved in completing evaluation forms on subordinates should be evaluated by their supervisors regarding the quality of ratings given employees ICALEA 35.1.8] 35.1.1 Performance EvaluationPage2 of 4 A. 7 Police Department Policies Page 7 of 14 1. A section to conduct this evaluation is found in each Supervisor Performance Review Form. 2. As part of this evaluation, supervisors may also use the respective evaluator's comment section and goals' section to describe the faimess and impartiality of ratings, participation in counseling rated employees, and their ability to cany out the rater's role as part of the performance evaluation system. F. Personnel Early Warning System l. The Fayetteville Police Department will operate a Personnel Early Warning System that will be maintained by the supervisor assigned to Officer of Professional Standards OPS ICALEA 35.1 .9 a.]. The system is designed to attempt to identify and rectify an underlying problem an employee may be having which affects job performance; it is not designed to be utilized as a disciplinary tool. a. The department will utilize software tracking system and document incidents per officer involving citizen complaints, disciplinary actions, use of force incidents, OPS reports, and officer involved traffic accidents. b. The Personnel Early Warning System should both increase agency accountability and åff"t "-pioyL", u better opportunity and undeistanding to meet the agency's goals. 2. The OPS supervisor shall monitor the Personnel Early Warning Tracking System and, when alerted, shall conduct a review of the circumstances causing the alert and make recofirmendations to the Chief of Police, if necessary. The Personnel Early Warning System may be activated under any of the following listed circumstances. ICALEA 35.1.9 bl a. An employee is the subject of four OPS complaints within an eighteen- month time span; b. An employee is considered to be at fault in two collisions within a sixty-day time span; c. An employee is involved in two pursuits in a sixty-day time span; d. An employee is involved in five use of force incidents in a sixty-day time e. îriihot"r"e is involved in a combination of five of the aforementioned situations in a six-month time span. 3. The roles of first and second level supervisors, sergeants and lieutenants for swom personnel, are critical in an effective Personnel Early Warning System ICALEA 3s.1.e d.l. a. First level supervisors, sergeants for swom personnel, are charged with the day to day monitoring of each employee assigned under their command. Incidents described that apply to the Personnel Early Warning System should be documented and provided to the second level supervisor, lieutenants for sworn personnel. b. Second level supervisors, lieutenants for sworn personnel, shall insure that this documentation is reported to the supervisor of OPS so the information 35.1.1 Performance Evaluation Page 3 of4 A. 7 Police Department Policies Page 8 of 14 4. can be documented into the Personnel Early Warning System and tracked for future use. c. Front line supervisors, sergeants for sworn personnel, may also be utilized for counseling with the employee and documentation that an employee is aware of a potential problem and is addressing the issue in an appropriate manner. Remedial action, employee assistance, and peer counseling for an employee will ultimately be decided by Administration ICALEA 35.1.9 e, f]. a. The Personnel Early Warning System is designed to address escalating patterns of less serious misconduct with an end goal of preventing more serious cases of misconduct amongst employees. The supervisor assigned to OPS will conduct ayearly evaluation of the Personnel Early Warning System and provide findings in a report to the Chief of Police ICALEA 35.1.9 c.]. 5. 35. L l Pertormance Evaluation Page 4 of4 A. 7 Police Department Policies Page 9 of 14 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS Subiect: 61.4.3 Towed Vehicles Effective Date: Reference:Version: I CALEA: ot.+.¡No. Pases: 4 POLICIES, PRO CEDIIRES, AÌ,{D RT]LES I. PURPOSE It is the purpose of this policy to provide guidelines for towing and impounding motor vehicles. II. POLICY Offrcers are routinely faced with the question of whether to impound or tow motor vehicles for purposes of safekeeping property, securing evidence, protecting the public, or securing property under asset forfeiture statutes, among other reasons. This policy provides guidelines that officers should use to decide issues related to the ownership of and procedures for impounding motor vehicles. DEFINITIONS: Unattended: any vehicle left on public property without the consent of an authority in charge ofsuch property or on or near a public way without some person in possession of such vehicle. Abandoned: any vehicle deemed to be unattended as defined in this section ICALEA il.a3 a.l:l a. When it is apparent the owner does not intend to retake possession. b. When it remains unattended for a period of thirty (30) days, during which the owner has given no evidence of intent to retake possession' Public way: any road, highway, street, etc. over which the public may travel, including the paved surface and any berm or shoulder thereof. (Does not include private property). Removal: an officer of this department may request CDC to call a towing service. Investigative Hold: a temporary hold on an impounded vehicle for investigative purposes. 61.4.3 Towed Vehicles Page I of4 IIL 1. 2. 4. 5. Comment: Language chmged to minor city ordinance A. 7 Police Department Policies Page 10 of 14 6. Other Hold: a temporary hold placed on an impounded vehicle for reasons other than investigative purposes. 1 Vehicle impoundment: to remove or cause highway, shoulder, or other public way by impound yard. PROCEDURES to be removed a vehicle from a street, an officer and stored in a designated IV. Except in those instances where an emergency exists, or where the immediate clearing of a public thorough fare calls.for an expedited towing service, owners shall be given preference of a towing service.j When an officer orders a vehicle towed or impounded, the off,rcer is to inventory the vehicle, including the interior, trunk/cargo area, glove box, all compartments and under seats. All closed/locked containers found during the inventory shall be opened. Caution should be given to ensure no damage is done to personal property. A "Tow Vehicle Inventory" form shall be completed by the officer towing the vehicle. A copy of the report will be provided to the tow company and to the owner/operator of vehicle. If the owner/operator is not available, a copy of the report will be left inside the vehicle. A third copy of the reporl will be kept for department files [CALEA 61,4.3 c.l. a. This includes vehicles impounded or towed for the following: incidental to an arrest, hit and run accident, stolen, abandoned or unattended vehicles, as well as, involvement in any criminal activity. b. Offtcers should use caution during the inventory process, to not contaminate or destroy the evidentiary value of the property in question.l_ c. This procedure does not include vehicles that are towed at the request of the owner or operator because of malfunction or accident. d. Damage to the vehicle other than normal wear should be described in the section for damage. Note whether the damage appears to be new or old. OfFrcer(s) shall take appropriate enforcement action if during an inventory evidence, contraband or proceeds/instruments ofa crime are discovered. Seized vehicles - Motor vehicles shall not be impounded for purposes other than those defined by statute or ordinance, (e.g.n not as a form of punishment, or to hold the vehicle hostage until the ovvner produces certain information or persons, or as a means of conducting vehicle searches when probable cause does not exist or consent to search cannot be obtained). A Criminal Investigation Division supervisor shall be consulted to authorize the seizure of a vehicle. Investigation personnel will ensure proper documentation is completed concerning the seizure of a vehicle i.e. Vehicle Notification form, CID-7 receipt form, etc. A "Tow Vehicle Inventory" form will be completed. Criteria for vehicle impoundment - officers may impound vehicles in the following situations ICALEA 61.4.3 b.]: 61.4.3 Towed Vehicles Page2 of 4 Citmment: Langqage added to reflecl cuFent pnctices 2. Comment: Language added for evidentiary 4. 5. A. 7 Police Department Policies Page 11 of 14 Vy'hen a vehicle is evidence in a crime or the vehicle needs to be held for investigative purposes. When a vehicle is conhscated pursuant to law. When a vehicle has been abandoned. The driver has been arrested and the vehicle is left unattended in a location which would constitute a traffic hazard or is highly susceptible to damage or vandalism. This includes private property which is open to the public. When the vehicle in question has been reported stolen and the owner cannot be notified or is unable to come to the scene and take possession of the recovered vehicle within a reasonable amount of time. When a vehicle has been marked for tow and is parked or left standing in the same location on a city street in excess of 24 hours. When the owner or operator speciflrcally requests and authorizes the impoundment. C. When the owner or operator has been involved in an accident or has been taken into custody and is not physically, mentally, or legally capable of driving the vehicle or ofgiving consent to leave it. 6. Alternatives to Vehicle Impoundment - officers may offer the owner/operator one of the following options for the disposition of the vehicle: Allow a responsible person who possesses a valid operator's license to assum€ responsibility ofthe vehicle and its contents. Summon a person of the owner/operator's choice to come to the scene, in a timely manner, to take custody of the vehicle. Properly park and secure the vehicle. 7.lnventory of motor vehicles ICALEA 61.4.3 c.]: If items of obvious value are located inside the vehicle, or a container therein, which should be stored separately from the vehicle, it is the duty of the officer conducting the inventory to record the nature of the valuable item, the , condition of the valuable item and the location where this item is stored. A copy of the inventory should be made available to the owner/operator of the vehicle and a copy of the inventory for the wrecker/storage company. Care should be taken during inventory to avoid damaging the vehicle or any of its contents. 8.Owner Notification:[ b. Officers towing unattended vehicles must attempt to notifu the registered owner of the vehicle's location prior to the end of his/her working shift. If such notification is not possible, the officer should notiô' the immediate on- coming supervisor to ensure the notification process is continued. Officers towing unattended vehicles used in the commission of a crime or that are stolen should noti$r the Criminal Investigations Division supervisor for 61.4.3 Towed Vehicles Page 3 of 4 a. b. c. d. e. b. a. b. a. Comment: Owner notificãtion added to meet CALEA stædard A. 7 Police Department Policies Page 12 of 14 evidentiary puryoses. Owner notification of such vehicles shall by completed by CID personnel. g. Private Property ICALEA 61.4.3 b.]:l a. Vehicles on private property may be subject to towing by the owner of the property. The owner of the property will be required to contact the wrecker service of their choice. b. A tow company performing a non-consensual tow off of private property will either call the information (location, vehicle description, etc.) into the Centrat Dispatch Center or submit it by fax. The Central Dispatch Center, in turn, will provide the tow company the name of the registered owner and/or lien holder of the vehicle. This information is then entered in the department's recórds management system. 6l.4.3 Towed Vehicles Page 4 of 4 Comment¡ Se¿tion ádded to.meet CÁLEÀ standtrd. Language rninors city o¡dinance : A. 7 Police Department Policies Page 13 of 14 A. 7 Police Department Policies Page 14 of 14 AGENDA REQUEST FOR: COUNCIL MEETING OF OCTOBER 4,Z0lt FROM: KIT \ryILLIAMS, CITY ATTORNEY LIONELD JORDAN, MAYOR ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Approve The Real Estate Conveyance Agreement With Washington Regional Medical Center 4-u -b,l Date 09-¿C-llP04:58 RCVi) 4'ù 6' APPROVED FOR AGEI\DA: A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 1 of 20 Departmental GorresPondence KitWilliams City Attorney Jason B. Kelley A s sis tant C ity Atto r neyTO: Mayor Jordan City Council FROM: Kit Williams, City AttorneY QC DATE: September 20,'2011 RE: Real Estate Conveyance Agreement with \Mashington Regional After the Fayetteville City Council passed Resolution No. 67-11, the City and WRMC administrations began working to implement it. First, the City Council appointed replacement members for the City Hospital Board of Directors or Truste.r ro it coulã achieve a quorum. This had been called for by Section 3 of Resolution No. 67-Il. After the City Hospital Board had designated Washington Regional Medical Center as the ,rr..ôrro, àr replacement city hospital (as you did in Section 1 of Resolution No. 67-tI), a corporate warranty deed for the land needed for the roundabout was drafted and agreed to by both administrations. We later agreed to the form of the Quit Claim Deed pursuant to Section 2 of Resolution No. 67-11. Washington Regional Medical Center then requested that we enter into a Real Estate Conv"yur"" Agreement to more clearly detail all aspects of our agreement including the City's assistance in replacing any portion of Washington {egional Medical Center's tree easement that could be affected by the construction of the roundabout. Washington Regional will supply any necessary additional land (at its desired location) to rãplace any tree easement that is lost while the City will be responsible to plant the necessary trees. Now all parts of the Real Estate Conveyance Agreement have been approved by both administrations, but need final City Council approval. The City has also rãcently obtained the other property needed for the roundabout construction. We hope tô close on the WRMC property and be ready for construction in early Oclober once the City Council approves this implementing agreement' A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 2 of 20 RESOLUTION NO. A RESOLUTION TO APPROVE THE REAL ESTATE CONVEYANCE AGREEMENT WITH V/ASHINGTON REGIONAL MEDICAL CENTER \ilHEREAS, on April 19,2011, the Fayetteville City Council passed Resolution No. 67-II which approved and authorized Mayor Jordan to sign a Quit Claim Deed conveying to Washington Regional Medical Center the property donated to the City of Fayetteville by the Stones in 1906 and 1909 to be held by the City in trust until the location of the city hospital is changed and then o'the entire proceeds of the above described premises shall constitute a trust fund to be devoted exclusively to the establishment and maintenance of' the newly designated successor hospital; and WIIEREAS, the City Council pursuant to Section 3 of Resolution No. 67-11 later appointed successor trustees or board members to the Stone City Hospital Board of Trustees, also known as the Fayetteville City Hospital Board of Directors; and WHEREAS, the City Hospital Board of Directors then met and designated Washington Regional Medical Center as the successor to the City Hospital thereby entitling WRMC to the land or proceeds of the City Hospital property; and \ilHEREAS, Washinglon Regional Medical Center has prepared its Warranty Deed to the City of Fayetteville for the property needed for the roundabout and approved the City of Fayetteville's Quit Claim Deed conveying its interest in the City Hospital property to V/ashington Regional Medical Center as the successor city hospital. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves and authorizes Mayor Jordan to sign the attached Real Estate Conveyance Agreement to fulfill the City Council's commitment to convey the City Hospital property to Washington Regional Medical Center (ViRMC) after the City Hospital Board had properly designated WRMC as the successor city hospital and to accept from V/RMC by warranty deed the acreage needed to construct the roundabout near the hospital. PASSED and APPROVED this 4ú day of October,2011. APPROVED:ATTEST: By: LIONELD JORDAN, Mayor By: SONDRA E. SMITH, City Clerk/Treasurer A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 3 of 20 REAL ESTATE CONVEYANCE AGREEMENT THIS REAL ESTATE CONVEYANCE AGREEMENT (the "Agreement") is made and entered into as of this day of October, 201I (the "Effective Date"), by and between the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation (the "City"), and \ryASHINGTON REGIONAL MEDICAL CENTER, an Arkansas nonprofït corporation ("WRMC"). WHEREAS, the City is the legal owner in trust of Block 37 as designated on the plat of the original town of Fayetteville, Arkansas, which real property is physically located at22l S. School Avenue, in the City of Fayetteville, Arkansas, the legal description for which is set forth on Exhibit A (the "City Property"); WHEREAS, the City Property has long been utilized to operate a nursing and skilled nursing facility known as Fayetteville City Hospital (the "Facility"), the City Property and Facility having been leased to V/ashington Regional Medicorp., an Arkansas nonprofit corporation and affiliate of V/RMC, pursuant to the terms of a certain Assignment and Lease Agreement dated July 26,1991 and made between the City, Washington Regional Medicorp, and Fayetteville City Hospital Board (the "Lease Agreement"); WHEREAS, WRMC is the owner of approximately 1.10 acres of real property situated at the southwest corner of the intersection of North Hills Boulevard and Futrall Drive in the City of Fayetteville, Arkansas, the legal description for which is set forth on Exhibit B (the "WRMC Property"); WHEREAS, the City and WRMC are desirous of the City constructing a traffic roundabout at the intersection of North Hills Boulevard and Futrall Drive in furtherance of the Fayetteville Expressway Economic Development Corridor, Project No. 06035-1700 (the "Project"), and to improve the traffic flow through this intersection for WRMC patients, staff and the community. The City requires fee simple ownership of the WRMC Property to obtain the additional righrof-way necessary to proceed with construction of the Project; \ryHEREAS, WRMC is desirous of obtaining fee simple ownership of the City Property so as to facilitate the replacement of the Facility by WRMC or one or more of its afhliates; WHEREAS, the City has determined that the health and welfare of the citizens of the City of Fayetteville would be advanced through the conveyance of the City Property to WRMC and that the City has the legal authority pursuant to Ark. Code Ann. ç14-54-302 and other state law to convey the City Property in consideration for the public advantage of improved hospital and related health care services for Fayetteville citizens, to secure the continuing and increased economic benefit that inures to the City of Fayetteville and its citizens by aiding WRMC, Fayetteville's second largest employer and avitally important economic resource for the City, in modemizing and expanding health care facilities and services within the City of Fayetteville, and to fulfill the City's fiduciary duties as were imposed upon the City under the terms of the original conveyance of the City Property to the City of Fayetteville to ensure the establishment and maintenance of a city hospital within the City of Fayetteville; A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 4 of 20 NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and conditions set forth in this Agreement, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Conveyance of the'WRMC Property. Subject to the terms, covenants and conditions set forth in this Agreement,'WRMC hereby agrees to convey the WRMC Property to the City. The WRMC Property will be used as right-of-way for the construction of a traffic roundabout at the intersection of North Hills Boulevard and Futrall Drive. 2. Consideration for the WRMC Propertv. (a) As consideration for the conveyance by WRMC of the V/RMC Property to the City, the City agrees to construct the proposed roundabout as soon as possible to help alleviate the current traffic congestion in that intersection and to abide by all the terms, covenants and conditions set forth in this Agreement. (b) As further consideration for the conveyance by WRMC of the WRMC Property to the City, the City will, at its sole cost and expense, plant such additional trees at such other location on V/RMC's property that is contiguous to the WRMC Property identified on Exhibit B as may be mutually agreed upon by WRMC and the City as is necessary to replace any tree preservation areathat the City determines has been lost to the WRMC property that is contiguous to the WRMC Property identified on Exhibit B as a result of the conveyance of the WRMC Property.' 3. Convevance of the City Property Subject to the terms, covenants and conditions set forth in this Agreement, the City of Fayetteville agrees to convey the City Property to WRMC by quitclaim deed. The City Property will be utilized by WRMC exclusively in connection with the establishment and maintenance of hospital and related health care facilities and services within the City of Fayetteville. 4. Consideration for the City Property. (a)Consideration for the conveyance of the City Property to WRMC shall include, but is not limited to, the public advantage to the citizens and City of Fayetteville of continuing and improved hospital and related health care facilities and services for Fayetteville citizens, the continuing and increasing economic benefit that inures to the City of Fayetteville and its citizens from assisting and supporting WRMC (which is the City's second largest employer and an extremely important and valuable economic resources for Fayetteville) in modemizing and expanding health care facilities and services within the City of Fayetteville, and the fulfillment of the City of Fayetteville's fiduciary duties as were imposed upon the City under the terms of the original conveyance of the City Property to the City of Fayetteville to ensure the establishment and maintenance of a city hospital within the City of Fayetteville. A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 5 of 20 (b)As fuither consideration for this conveyance, V/RMC agrees and pledges that any proceeds realized from any future sale of the City Property by WRMC, shall be utilized by WRMC in the establishment and maintenance of hospital and related healthcare facilities and services within the City of Fayetteville or for any other purpose incidental or related to the provision of hospital or related healthcare services to the citizens of Fayetteville. 5. Title to the Real Properties. (a) Title to the WRMC Propertv. At the Closing, WRMC shall convey to the City fee simple title to the WRMC Property by means of a corporate warranty deed to be executed by WRMC in substantially the form attached hereto as Exhibit C. (b) Title to the City Property. At the Closing, the City shall convey to WRMC fee simple title to the City Property by means of a quitclaim deed to be executed by the City in substantially the form attached hereto as Exhibit D. (c) Reservation of Preemptive Right to Purchase Cit)¡ Property. The quitclaim deed delivered by the City to WRMC and attached hereto as Exhibit D shall contain language reserving to the City a preemptive right to purchase the City Property in the event WRMC shall elect to sell all or any portion of the City Property to a third party, upon the occurrence of which condition the City shall have a right of first refusal to meet any such bona fide offer to purchase on the same terms and conditions as are set forth in such third party's bona fide offer to purchase. Upon the City's failure to tender to WRMC a written bona fide offer to meet such third party's bona fide offer of purchase within sixty (60) days after written notice thereof to the City from WRMC, WRMC shall be free to sell or convey the City Property or any portion thereof to such third party only in accordance with the terms and conditions of the third party's bona fide offer of sale as presented to the City. (d) Resolutions of the City and FCH Regarding the City Property. At Closing, the City shall deliver to WRMC a certified copy of the Resolution of the Fayetteville City Council authorizing the execution of this Agreement and the conveyance of the City Property to WRMC in the form attached hereto as Exhibit E. 6. Closins. (a) Closing Date. Provided that this Agreement has not been terminated, the closing shall take place on a mutually acceptable date or before the "Closing"). day of October, 2011 (the (b) Deliverables at the Closins From WRMC. At the Closing, WRMC shall deliver the following: (Ð Corporate Warranty Deed. WRMC shall deliver to the City a fully executed Corporate Warranty Deed in the form set forth on Exhibit C with respect to the V/RMC Property. A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 6 of 20 (c) Deliverables at the Closine From the City. At the Closing, the City shall deliver the following: (Ð Quitclaim Deed. The City shall deliver to 'WRMC a fully executed Quitclaim Deed in the form set forth on Exhibit D with respect to the City Property. (ii) Certifîed Resolution. The City shall deliver io WRMC a certified original of the Resolution duly passed and approved by the Fayetteville City Council in the form attached hereto as Exhibit E. 7. Representations and Warranties of 'WRMC. (a) Organization. WRMC is a non-profit corporation duly organized, validly existing and in good standing under the laws of the State of Arkansas and has all requisite power and authority to enter into and perform its obligations under this Agreement. (b) Authorization. The execution, delivery and perfotmance of this Agreement by WRMC and the consummation by WRMC of the transactions contemplated hereby have been duly authonzedby all necessary action on the part of WRMC. (c) Validitv. This Agreement has been duly executed and delivered by WRMC and constitutes the legal, valid and binding obligation of WRMC, enforceable against WRMC in accordance with its terms. (d) No Consents. No consent or approval of, or declaration, filing or registration with any governmental agency or other third party is, to WRMC's knowledge, required or otherwise necessary in connection with the execution, delivery or performance of this agreement by WRMC or with respect to the consummation by V/RMC of the transactions contemplated hereby. 8. Representations and Warranties of the Citv. (a) Orsanization. The City is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Arkansas and has all requisite power and authority to enter into and perform its obligations under this Agreement. (b) Authorization. The execution, delivery and performance of this Agreement by the City and the consummation by the City of the transactions contemplated hereby have been duly authorizedby all necessary action on the part of the City. (c) Validitv. This Agreement has been duly executed and delivered by the City and constitutes the legal, valid and binding obligation of the City, enforceable against the City in accordance with its terms. A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 7 of 20 9. Miscellaneous. (a) Assisnment. No party may assign any of its rights, duties or obligations under this Agreement without the prior written consent of the other parties hereto. (b) Further Assqrances. The parties agree that from time to time hereafter, upon request, each of them will promptly execute, acknowledge, and deliver such further documents and instruments, and take such fuither action, as may be reasonably necessary to carry out the intent of this Agreement. (c) Modification. No term or provision contained herein may be modified, amended or waived except by written agreement or consent signed by the party to be bound thereby. (d) Bindins Effect and Benefit. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto, and their respective successors and permitted assigns. Otherwise, nothing in this Agreement, express or implied, is intended to confer upon any other person or entity any rights as a third party beneficiary. (e) Headinss and Captions. Subject headings and captions are included for convenience purposes only and shall not affect the interpretation of this agreement. (Ð Notice. All notices, requests, demands and other communications required or permitted hereunder shall be in writing and either (i) delivered in person (ii) sent by Express Mail or other ovemight delivery service providing receipt of delivery (iii) mailed by Certified or Registered Mail, postage prepaid retum receipt requested or (iv) sent by telecopy or other facsimile transmission as follows: If to the City, addressed or delivered in person to: The City of Fayetteville 113 West Mountain Street Fayetteville, AR 72101 Attn: Mayor 'With a copy to: The City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Attn: City Attorney If to WRMC, addressed or delivered in person to: V/ashington Regional Medical Center A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 8 of 20 Attn: President & Chief Executive Officer 3215 N. North Hills Boulevard Fayetteville, Arkansas 7 27 03 With copy to: Washington Regional Medical Center Attn: General Counsel P.O. Box 9687 Fayetteville, AR 7 27 03-003 0 or to such other address or number as a party may designate by written notice delivered in accordance with this Section. Any such notice or communication, if properly given or made in accordance with the terms hereof, shall be deemed to have been made when actually received, but not later than three (3) business days after the same was properly posted or given to such express delivery service, and if made properly by telecopy or other facsimile transmission, such notice or cornmunication shall be deemed to have been made at the time of dispatch. (g) Severability. If any portion of this Agreement is held invalid, illegal, or unenforceable, such determination shall not impair the enforceability of the remaining terms or provisions hereof. (h) Waiver. No waiver of a breach or violation of any provision of this Agreement shall operate or be construed as a waiver of any subsequent breach or limit or restrict any right or remedy otherwise available. Any waiver must be in writing. (Ð Entire Asreement. This document (including its Exhibits) constitutes the entire agreement of the parties, with respect to the subject matter contained herein, and supersedes any and all other prior agreements, oral or written, with respect to the subject matter contained herein. There are no representations or waruanties between the parties with respect to this transaction other than those expressly set forth herein (and in the Exhibits). fi) Governins Law. This Agreement shall be subject to and governed by the laws of the State of Arkansas. (k) Incorporation by Reference. All exhibits referred to in this Agreement shall be incorporated herein by any reference thereto as iffully set out. (t) Multiple Counterparts: Facsimile or Electronic Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute the same document. To facilitate the execution of this A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 9 of 20 Ry: Agreement, the parties agree that the facsimile, email, electronic or PDF signature of a party ståll be suffìcient to bind that parry to this Agreement' : (nr) Time of the Essencc. Time is of the essence of each pi'ovision of this Agreement. t, : IN WITNESS WHEREOF, the partics hereto have ereeuted this Agreenlent as of the Effective Date. C]TTY OF FAYETTEVILLE, ARKANSAS Lioneld Jordan, MaYor Attest: Sondra E. Smith, CitY ('lerk WASHINCT'ON REGIONAI, MEDICAI, CENTER Prr-.sidctrt & Chief Executive Officer MLeß Printed nanre ànd title A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 10 of 20 EXHIBIT *A'' All of Block Nurnbered Thirty-seven (37) in the City of Fayetteville, as designated upon the original plat of said town. A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 11 of 20 EXHIBIT (úB,, Part of the Southeast Quarler of Section 27 and part of the Southwest Quarter of tlie Southwest Quarter of Section 26, Township 17 North, Range 30 vy'est, washingto¡ County, Arkansas more parlicularly described as follows: starting at a point being used as the common corner of sections 26,2J,34, and 35, Township 17 Nortir, Range 30 west; thence North 02"29'08" East along the common line between Sections 26 anð 27 a distanc e of 729.96 feet to a point on the South line of Futrall Drive as established by AHTD Job 040536 for the POINT oF BEGTNNING; thence North 89o43'19" West along said right of rvay line a distance of 128.21 feet to a point; thence North '72o48'26" West along said right of way line a distance of 98.50 feet to a point; thence North 63'09'26" West along said right of way line a distance of 101.09 feet to a point on the southeasterly riglit of way line of the Fulbriglrt Explessway (U.S. Highway 718) as established by AHTD Job 4706 Section 2; thence North 73"29'43" Easr along said right of way line a distance of 233.38 feet to a point; thence North 69"24' 35" East along said right of way line a distance of 95.96 feet to a point on the westerly right of way iine of North Hills Boulevarcl as established by Easement Plat for Washington Regional Medical Ceuter; thence along said right of way alorrg a curve to the right having an arc length of ó.78 feet and a radius of 30.00 feet, (chord bearing of Nollh 76"57'02- East a distance of 6.7 6 feet) to a point on the cornmoll line between Sections 26 and 27 , Township l7 Noúh, Range 30 West; thence continue along said curve iine to the right lraving all arc length of 39.79 feet and a radius of 30.00 feet, (chord bearing of South 58"34'45" East a distance of 36.94 feet) to a point, thence south 2a"34'49" East along said right of way line a distance of I 15.70 feet to a point; thence along a cun¡e to the rigirt having an arc length of 146.59 feet and a radius of 950.00 feet, (chord bearing South 16"09'35" East a distance of 146.45 feet) to a point on the southeasterly right of rvay line of Futrali Drive as estabUshed by AHTD Job 040536; thence North 52o53'14" West along said right of way line a distance of l5l .27 feet to the POINT OF BEGINNING and containing 1 .10 acres ltlore or less, or 48,056 square feet, more or less. A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 12 of 20 CORPORATE WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That-Washington Regional Medical Center, an Arkansas nonprofit corporatio¡, (herein designated as "Gratltor"), with its principalplace of business at Fayetteville, Arkansas, in said State, for and in consideration of the sum of ten dollars (S 10.00) and other good and valuable consideration, to it in hand paid by the City of Fayetteville, an Arkansas rnu¡icipal corporation, (herein designated as "Grantee"). hereby grants, bargains, sells and conveys unto the said Grantee and unto its successors and assigns forever, the following iauds and real estate situated in the County of Washington, and State of Arkansas, to-wit: See Exhibit A Attachecl Hereto TO HAVE AND TO HOLD the same unto the said Grantee alrd unto its sucessors and assigns forever, with all the privileges and appurtenances thereto belonging. And the Grantor hereby covenants with the Grantee, its successors and assig¡s, that it is lawfully seized in fee of the aforegranted prernises; that the said real estate is free fi.om all encumbrances not herein rnentioned; that it has a good right to sell ancl convey to the Grantee as afbresaid, and that it will forever wanant and defend the title to the saici real estate against all lawful claims ancl demands whatsoever. This conveyance is subject to recorded easements and rights-of-way and to restrictions, conditions and reser¿ations of record as recorded in the Office of the Circuit Clerk and Ex- Officio Recorder f'or Washington County, Arkansas. lN TESTIMONY WHEREOF, the name of the Grantor is hereto affixed by its president and its seal affixed by its Secretary this _ day of July, 2011. WASHINGTON REGIONAL MEDICAL CENTER William L. Bradley, President Attest: Sharon Olmstead, Asst. Secretary By: A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 13 of 20 STATEOFARKANSAS ) )ss couNTY oF V/ASHTNGTON ) ACKNOWLEDGMENT On this _ day of JuIy,2011, before the undersigned, a notary public, duly comtnissioned, qualified and acting, within and for the said county and state, appeared in person the within named William L. Bradley who stated that he was the President and Chief Executive Officer of Washington Regional Medical Center and was duly authorized in his capacity to execute the foregoing Corporate Warranty Deed for and in the name and the behalf of said nonprofit corporation and further stated and acknowledged that he had so signed, executed and delivered said Corporate Warranty Deed for the consideration, uses ancl purposes therein mentioned and set for1h. lN TESITMONY WHEREOF, I have hereunto set my hand and official seal this _ day of .luly, 201l. (sEAL) My Commission Expires: NO REVENUE REQUIRED A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 14 of 20 QUITCLAIM DEED BE IT KNOWN BY THESE PRESENTS: THAT WE, the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in conformance with its duties pursuantto the deeds from S.K. Stone and Amanda M. Stone to the City of Fayetteville conveying their properly, for the public advantage to the citizens and City of Fayetteville of continuing and improved hospital and related care for Fayetteville Citizens and economic benefit inuring to our citizens and city, and for other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey and quitclaim unto Washington Regional Medical Center, an Arkansas nonprofit corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, all of our right, title and interest, in and to the following described land situated in the County of Washington, State of Arkansas, to-wit: Block Thirty-seven (37) on the original plat of the town (now Gity) of Fayetteville, Arkansas, as per plat on the file in the otfice of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, LESS AND EXCEPT easements of record and street right-of-way. TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said grantee and grantee's successors and assigns, forever. The City of Fayetteville shall have the right of first refusal to purchase the real estate hereby conv_eyed. Should the Washington Regional Medical Center elect to sell all or any portion of said real estate to a third party, the City of Fayetteville shall have the rióht of first refusal to meet any such bona fide offer to purchase on the same terms and conditions as are set forth in such thiíd party's bona fide offer to furchase. Upon the Grahtofs failure to meet such bond fide offer of purchase within thirly (30) days afterwritten notice therêof to Grantorfrom Grantee, Washington Regional MedicalCentershall befreeto sell or conVey the said real estate or any portion thereof to such third party only in accordance with the terms and conditions of the third party's bona fide offer of sale as presented to the Grantor. lN TESTIMONY WHEREOF, the name of the Grantor is hereto atfixed by its Mayorand its sealaffixed by its City Clerk this _ day of October, 2011. Parcel No. ATTEST: City of Fayetteville, Arkansas, A municipal corporation [sEAL] BY: ACKNOWLEDGMENT STATE OFARKANSAS )) ss. couNTY oF WASHINGTON ) BE lT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin and forsaid County and State, personally appeared Lioneld Jordan and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk, respect¡vely, of City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this _ day of October, 2011. MYCOMMISSION EXPIRES: Notary Public A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 15 of 20 IìBSOLUTION NO. 67.1I A RESOLUTION TO DESIGNATE ]'HE LOCA]]ON OF WÂSHINGTON REGIONAL MEDICAL CENTER AS TI]E NEV/ LOCATION OF A.ND TIIE SUCCESSOR HOSPITAL OF TIJE CITY IIOSPITAL, TO APPITOVE AND AUTHORIZE THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO CONVEY THE CURRENT SITE OF -I'HE CITY HOSPITAL TO V/ASI.TINGTON RECIONAL MEDICAL CENTER, ALL CONTINGENT UPON THE CONCURRENT ACTION OF THE BOARD OF TRUSTEES OF THE CITY HOSPITAL TO DESIGNATE WASHINGTON REGIONAL MEDICAL CENTER AS TI.IE SUCCESSOR CITY HOSPITAL AND THE DONATION OF APPROXIMATELY I.I ACRES BY WASHINCTON REGIONAL MEDICAL CENTER FOR CONSTRUCTION OF THE ROUNDABOUT AT NORTH HILLS BOULEVAI{D AND FUTRALL DRIVE. WHEREAS, Mr. S.K. Stone and Mrs. Amanda M. Stone very gene¡ously deeded to Fayetteville a city block of land "to be by the said city, hetd in trust and mainrained as a city hospital," in deeds of 1906 and 1909; and WHERBAS, the citizens of Fayetteville taxed therrrselves to corlstruct tire City Hospitai soon afler the property was conveyed to Fayetteville in trust and this hospital has servecl our. citizens well for over a century; and WHERBAS, Washington Regional Medical Center was established in Fayetteville and has served Fayettevìlle citizens weli as our primary, full service hospital for many decades, first at College and North and now at its cun'ent Iocation on North Hills Boulevard; and WHEREAS, because of the age and condition of the facilities on the land donated iu trust b1, the Stones to the City, it is appropriate to designate Washington Regional Medical Center at Nofth Hills Boulevard as successor City Hospital which is entitled to the cunent City I-Iospital's premises in trust "to be devoted exclusively to the establishment and nraintenance ofl' the successor Ci-ty Hospital (WRMC). NQIW, TIIEÌE-FQRE BE. IT ,RES.OLVE-Ð- B_Y THIO CITY -CO-UNCIL O,F THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby designatcs Washington Regional Medical Center as the successor to the Stsne Cit¡r l{ospital at its location on North Hiils Boulcvard in Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby appr oves and authorizes Mayor Jordan to execute a Quit Claim Deed to Washington Regional Medical Center of the property donated to the City of Fayetteville by the Stones in 1906 and 1909 to be held by the City in trust until the loeation of the city hospital is changed and then "the entire A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 16 of 20 Page 2 Resolution No. 67-11 proceeds ofthe above described premises shall constitute a trust fund to be devoted exclusively to the establishment and maintenance of ' the newly designated succqssor city hospital. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to rapidly appoint sufficient successor tlustees to thc board of trustees nu*"á in Stones' 1906 deed to establish at least a quomm so that the Board of Trustees can detennine whether to designate Washington Regional Medical Center as the successor to the Stone City Hospital at washíngton Regional's address onNorth Hills Boulevard in Fayetteville. Section 4: That the City Council of the City of Fayettevilie, Arkansas hereby gratefully agrees to accept 'Washington Regional Medicai Cente¡'s generous donation of approximately 1- l acres of land needed for the Roundabout at the North Hills Boulerard aná FutLall Drive intersection to alleviate congestion and provicle berte¡ traffic flow for Vlashington Regional Medical Centor's staff and patients and for other Fayetteville citizens. PASSED and APPROVED thìs lgtr'day of April, 2011. APPROVED:Â.TTEST: RA E. SMITH, City C A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 17 of 20 REsoLUTIoNoFTHEMEMBERSANÞBoARDoFDlREcToRsì OF FAYETTEV¡LLE CITY HOSPITAL i At a speciat meeting of the Members and Board of Directors of Fayettevitle Cillfo3pital, an Arkansas nonprofit "orporãion, ('the Corporation") duly called and held on July 18, 201 1.' thf. Members and Board oi Directors for the Corporation did adopt the following Resolution, to-wit: : WHEREAS, the Gorporation heretofore transferred, assigned and conveyed all of itsIpersonal property, nontangible personal property and mixed property to Washington Regional Medicorp', an Ãrxänsäs nonprofìt corþoration, i"tr,t'eoiiorp")and further leased to Medicorp that real property physically tocated atZàl Souttr SchoolAvenue, in the City of Fayetteville, Arkansas and,commonly known as the rayettevitte City t-tospital, each of which trañsactions were completed pursu,ant to the terms of a certain Assignment and Lease Agreement dated July 26,1991made between the Corporation and MediCorp ("the Assignment and Lease Agreement"); and i WHERËAS, the Corporation has engaged in no corporate or business operations:since July A6, 1gg1, the Assignment and Lease Agreeñrãnt having resulted in Medicorp assuming the complete âay+o-oáy authoriîy ànJ r""ponsìbitity-for the operatión of the hospital and skilled nurs:ing facility knówn as Fayetteville City Hospitalfrom 1991 to present; and i WHEREAS, the Corporation, through its Members and Board of Directors,.has.determined that the best interests of the Cbrporalion and the citizens of the City of Fayetteville wíll ibe ,served, by liquidating and dissotving the Gorporation and transferring all pioperty owle! !V pti Cor¡gffion wirether real, personal, nän-tangibte or mixed, to Washington Regional MedicalCentel¡ a_n Arl<ansas Àonprorit coiporation, and recógnizing Washington . Regional Medical Center as the 'successor nonþrom city hospital tocated witñin thé city limitJ of the Ûty of Fayettevifle pursuant lP tl9 t9rm9. 9f that plan of Complete LiqulOrtion and Ðissélution more fully described and set forth in Exhiþit A to this Resolution. i NOW, THËREFORE, BE lT RESOLVED that the corporation be completely liquidated and . dissotved pursuant to the plan of Complete Liquidation and Dissotution as more fully described and set forth in Exhibit A hereto; and . BE lT FURTHER RESOLVED, that the Board of Directors shall sit as a liquidating commiüee and is hereby authorized, directed and empowered to do allthings neoessary and required to completely liquidate the òompany. The Board of Directors is hereby authorized 1o sell.the assets of ine Compäny at such prices and upon such terms and conditions and under such provisions as it deems advisable and in the best interest of the Çompany; and i BE lT FURTHËR RËSOLVED, that the Board of Direclors is authorized to discharge; or make provision for discharging, all of the liabilities and debts of the Company;. to distribute the remaining þroperty to Washingion"Regional Medical Center, an Arkansas nonprofit corporation, which:is^ recognize¿ as exempt fromlederat taxation under Section 501(cX3) of the lnternal Revqnue Code,. as it is ðlassified as a prolir charity pursuant to Section 509(aX 1 ) of the lnternal Revenue- Cod.e by virtue of the fact that it owns and opeiates a hospital as defined in Section 170(bX1 )(Axiii) of ttie lnternal Revenue Code; and to perform every other act necessary to wind up and liquidate the business and affairs of the Company; and BE lT FURTHER RESOLVËÞ, that the Board of Directors is authorized to execule alf instruments retating to, or incident to, the dissolution and liquidation of the Company 1n9 qly gtl't1l forms, certificates or any other instruments necessary to implement the Plan of Complete Liquidatíon and Dissolution. A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 18 of 20 i I tT BEING FURTHER RESOLVED that the President of the Board of,Directors¡of Fayetteville City Hospital, as identified below, is hereby authorized to execute and deliver any and all documents nå."æ"ry to effect the Plan of Complete Liquidation and,Dissolution and matters evidenced in this Resolution Dated this l Btr' daY of JulY, 201 1 . CERTIFIED AND ATTESTED TO: FAYËTTEVILLË CITY HOSPITAL, an Arkansas nonprofit corporation By: ,, Sèðretary of the Board of Direclors and Member President of the Board of Directors and Member Board of Directors and Membei A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 19 of 20 A. 8 Washington Regional Medical Center Real Estate Conveyance Agreement Page 20 of 20 B. 1 Revised Ward Boundaries Page 1 of 8 B. 1 Revised Ward Boundaries Page 2 of 8 B. 1 Revised Ward Boundaries Page 3 of 8 B. 1 Revised Ward Boundaries Page 4 of 8 B. 1 Revised Ward Boundaries Page 5 of 8 B. 1 Revised Ward Boundaries Page 6 of 8 B. 1 Revised Ward Boundaries Page 7 of 8 B. 1 Revised Ward Boundaries Page 8 of 8 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 1 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 2 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 3 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 4 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 5 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 6 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 7 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 8 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 9 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 10 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 11 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 12 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 13 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 14 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 15 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 16 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 17 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 18 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 19 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 20 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 21 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 22 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 23 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 24 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 25 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 26 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 27 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 28 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 29 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 30 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 31 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 32 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 33 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 34 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 35 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 36 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 37 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 38 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 39 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 40 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 41 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 42 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 43 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 44 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 45 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 46 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 47 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 48 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 49 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 50 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 51 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 52 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 53 of 54 B. 2 RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights) Page 54 of 54 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 1 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 2 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 3 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 4 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 5 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 6 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 7 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 8 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 9 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 10 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 11 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 12 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 13 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 14 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 15 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 16 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 17 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 18 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 19 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 20 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 21 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 22 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 23 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 24 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 25 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 26 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 27 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 28 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 29 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 30 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 31 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 32 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 33 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 34 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 35 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 36 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 37 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 38 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 39 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 40 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 41 of 42 C. 1 RZN 11-3892 (Fayette Junction Master Plan) Page 42 of 42 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 1 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 2 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 3 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 4 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 5 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 6 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 7 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 8 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 9 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 10 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 11 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 12 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 13 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 14 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 15 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 16 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 17 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 18 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 19 of 20 C. 2 RZN 11-3916 (Holcomb Heights PZD/TTO LLC Page 20 of 20 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 1 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 2 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 3 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 4 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 5 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 6 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 7 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 8 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 9 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 10 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 11 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 12 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 13 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 14 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 15 of 16 C. 3 ADM 11-3943 Belclaire Subdivision- Amendment to Bill of Assurance) Page 16 of 16 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 1 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 2 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 3 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 4 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 5 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 6 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 7 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 8 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 9 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 10 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 11 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 12 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 13 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 14 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 15 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 16 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 17 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 18 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 19 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 20 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 21 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 22 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 23 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 24 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 25 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 26 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 27 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 28 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 29 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 30 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 31 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 32 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 33 of 34 C. 4 ADM 11-3948 (Oakland Courts Right-of-Way Dedication) Page 34 of 34 C. 5 Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees Page 1 of 10 C. 5 Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees Page 2 of 10 C. 5 Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees Page 3 of 10 C. 5 Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees Page 4 of 10 C. 5 Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees Page 5 of 10 C. 5 Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees Page 6 of 10 C. 5 Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees Page 7 of 10 C. 5 Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees Page 8 of 10 C. 5 Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees Page 9 of 10 C. 5 Amend XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees Page 10 of 10 Paul A. Becker City of Fayetteville Staff Review Form City Council Agenda ltems and Gontracts, Leases or Agreements 10t4t2011 City Council Meeting Date Agenda ltems Only Finance & lnternal Services Finance & lnternal Services Submitted By Division Department Action Required: ty Council is requested to adopt real and personal property tax rates Íor 2011 for the Policemen's Pension & Reliet Firemen's Pension & Relief Funds, and the Fayetteville Public Library. The rate to be adopted for the s Pension & Relief Fund and the Firemen's Pension & Relief Fund is 0.4 mils for real propefty and 0.4 mils for personal property, the millage for the Fayetteville Public Library is 1.0 mil for real property and 1.0 mil for personal . City Council is also requested to adopt real and personal property tax rates for 2010 for the City's General und. The rate requested for the Gity's General Fund is 1.3 mils for real property and 1.3 mils for personal property. Cost of this request Category / Project Budgel Program Category / Project Name Account Number Funds Used to Date Program i Project Category Name Project Number Remaining Balance Fund Name Budgeted ttem l-l Budget Adjustment Attached l-l tP*"[ q fU- q$.2ow Previous Ordinance or Resolution #5360 Original Contract Date: Q- l3- t ¡ originatcontractNumber: Finance and lnternal Services Director 'P-.,\ Q..h" I -^- 9-r3-Àort Date f-/ j-t Date Received in City 0q-l',- 1 1, / 1 O : 4C iìCVD Clerk's Office Received in Mayor's Office ql Revised January 15,2009 C. 6 2011 Millage Levy Page 1 of 6 THE CITY OF FAYETTEVILLE, ARKANSAS TO: THRU: FROM: DATE: Mayor Lioneld Jordan and Fayetteville City Council Don Marr, Chief of Staff Paul A. Becker, Finance Director September 27,20II SUBJECT: 2011 Millage Levy Recommendation: City staff recommends that City Council approve the millage levy ordinance approving the 0.4 mils for the Policemen's Pension and Relief Fund, 0.4 mils for the Firemen's Pension and Relief Fund, 1.0 mils for the Fayetteville Public Library, and 1.3 mils for 2012 General Fund operations. This will continue the same millage as levied last year. Background: Each year the City must approve an ordinance to renew the levy of ad valorem taxes on real and personal property within the City. This request will provide for such levy on property asSessed during 2011. The total assessed value of real and personal property located within the city limits of Fayetteville, as of August 5,2011, is approximately $1.283 billion. The assessed valuation is before the 'Washington County Board of Equalization has made all the changes to the County Assessors Abstract. Based on the preliminary assessments, the growth in real property assessments is approximately 2.73% as of August 5,2011. Discussion: A millage levy ordinance must be approved by City Council in order for the City to continue to collect property taxes for the Policemen's Pension and Relief Fund and the Firemen's Pension and Relief Fund. The millage levy for the Policemen's Pension and Relief Fund is 0.4 mils for real property and 0.4 mils on personal property. The millage levy for the Firemen's Pension and Relief Fund is 0.4 mils for real property and 0.4 mils on personal property as was approved by referendum. A millage levy ordinance must be approved for the operation of the Fayetteville Public Library and that was approved by the voters on October l, 2002. The millage levy for the Fayetteville Public Library is 1.0 mils for real property and 1.0 mils on personal property. Finally, City staff is requestingthat City Council approve amillage levy ordinance for General Fund operations in the amount of 1.3 mils for both real and personal property. Telecommunicat¡ons Device for the Deaf TDD (479) 521 -1 31 6 1 1 3 West Mountàin - Fayetteville, AR 72701 C. 6 2011 Millage Levy Page 2 of 6 THE CITY OF FAYETTEVILLE, ARKANSAS The 201 I proposed property tax revenue amount based on the 1.3 mil levy in $1,523,000 in General Fund revenue. Below is a proposed calendar of months of September and October to discuss the millage levy. is estimated to bring meetings during the Tuesday, September 27 Agenda Session Tuesday, October 4 City Council Meeting Tuesday, October 11 Agenda Session Tuesday, October 18 City Council Meeting Budget lmpact: The 0.4 mils Police and 0.4 mils Fire is needed to fund the Pension plans for both. The 1.0 mils is used to fund the operation of the Fayetteville Public Library. The 1.3 mils will be used to fund General Fund operations. Conclusion: The millage levy must be at V/ashington County in time to be included in their consolidated levy ordinance which will be approved at the November 10, Quorum Court meeting. The deadline for receipt is set by the County. Last year that deadline was October 28. The City levy will be added to the levies by Washinglon County, the various school districts, improvement districts and other cities within the County when the Washinglon County Quorum Court adopts its millage levy for 2010. The administration is requesting the same millage rate as was approved in 2010 as follows: 1.3 mils for General Fund Operations 1.0 mils for the Fayetteville Public Library 0.4 mils for the Police Pension Fund 0.4 mils for the Fire Pension Fund If you have any questions concerning this agenda request please contact me at 575-8330. Telecommunications Device for the Deaf TDD (479) 521 -1 31 6 I l3 West Mountain - Fayetteville, AR 7270i C. 6 2011 Millage Levy Page 3 of 6 City of Fayetteville Property Tax Revenue per Mil August 5,2011 Millage 0.10 0.20 0.30 0.40 0.50 0.60 0.70 0.80 0.90 1.00 1.20 1.30 2.00 2.20 2.70 3.20 3.70 4.20 4.70 Approximate Revenue $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 117,000 234,OOO 351,000 469,000 586,000 703,000 820,000 937,000 1,054,000 1 ,171,000 1,406,000 1,523,000 2,343,000 2,577,000 3,163,000 3,749,000 4,334,000 4,920,000 5,506,000 The millage revenue reflected above is based on the Washington County Prelimiary Summary Repoft of County Assessments for the Year 2011 dated August 5, 2011 and includes real and personal property for Utilities. The City Council can approve up to 5.0 mils for operations. The table assumes a 91.3% collection rate. Total real and personal property assessments for 2012 amount to approximately $1,243 million excluding real estate and personal property for utilities. Property Tax lmpact lllustration Appraised Value Assessed Value 1 Mil Tax / Year Single Family Home $ 75,000.00 $ 15,000.00 $ 15.00 Single Family Home $ 100,000.00 $ 20,000.00 $ 20.00 Sinsle Family Home $ 150,000.00 $ 30,000.00 $ 30.00 C. 6 2011 Millage Levy Page 4 of 6 ORDINANCE NO. A}I ORDINA}ICE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2011 FIXING THE RATE THEREOF AT 1.3 MILLS FOR GENERAL FLIND OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FL]ND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND AND 1.0 MILL FOR THE FAYETTEVILLE PUBLIC LIBRARY; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COLTNTY, ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1. That a tax is hereby levied on the real and personal property within the City of Fayetteville, Arkansas, for the year 2011 to be collected in20l2 for the following purposes at the following rates: REAL AND PERSONAL PROPERTY Purpose Levy General Fund-Operations 1.3 mills Fayetteville Public Llbrary 1.0 mills Policemen's Pension Fund 0.4 mills Firemen's Pension Fund 0.4 mills TOTAL 3.1 mills Section 2. That the real and personal property tax so levied and the rates provided therefor are hereby certified to the County Clerk of Washington County, Arkansas, to be placed in the tax book and collected in the same manner that the county and school district taxes are collected. Section 3. The City Clerk is hereby authorized and directed to file certified copies of this Ordinance in the office of the County Recorder, County Clerk, County Assessor, and the County Tax Collector for Washington County, Arkansas. C. 6 2011 Millage Levy Page 5 of 6 PASSED and APPROVED this day of 4th day of October,20ll. APPROVED:ATTEST: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer By: C. 6 2011 Millage Levy Page 6 of 6 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith trufu 4""*'.t"- 4/tt/,t Tentative Agenda Cify of Fayetteville Arkansas City Council Meeting October 4r20ll A meeting of the Fayetteville City Council will be held on October 4,2011 at 6:00 PM in Room 219 of the City Administration Building located at lI3 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Cify Council Meeting Presenfations, Reports and Discussion Items: Agenda Additions: Consent: ( Xpptoval of the September 20,2071 City Council meeting minutes. .y. 2011 Justice Assistance Grant (JAG): A resolution approving acceptance of a 2011 Justice Assistance Grant through the U.S. Department of Justice in coordination with other Washington County law enforcement agencies and approving a budget adjustment in the amount of $88,866.00. { ln "rnal Revenue Service (IRS) Task Force: A resolution approving a budget adjustment in the amount of $41,405.00 to recognize revenue and expenses related to city participation in the local Internal Revenue Service (lRS) Task Force for the fiscal years of 2010-2011 and 2011-2012. 1 Ì 3 f¡lest Mountaín Fayetteviile, AR 727U (479) 575-8323 accessfayetteville.org Telecommunications Device for ihe Deaf TDD/TTY (479) 521-1316 Aldermen Ward 1 Position 1 -Adella Gray Ward I Position 2 - Brenda Boudreaux Ward 2 Position I -Mark Kinion W ard 2 Position 2 - Matthew Petty Ward 3 Position I - Justin Tennant Ward 3 Position 2 - Robert Ferrell Ward 4 Position 1 - Rhonda Adams Ward 4 Position 2 - Sarah E. Lewis ARKANSAS A. A.'Bid #ll-49 Second Nature Property Management, LLC: A resolution awarding Bid #II-49 and approving a contract with Second Nature Property Management, LLC in the amount of $151,371.34 for the construction of a modular block retaining wall near the Garland Avenue U of A Farm Trail tunnel, and approving a twenty percent (20%) project contingency. Þ4 Bid #ll-54 Alarmtec Systems: A resolution awarding Bid #11-54 and approving a contract and change order with Alarmtec Systems in the total amount of $166,500.00 for construction of security improvements at Drake Field. gBid #11-55 All Around Landscaping, Inc.: A resolution awarding Bid #11-55 and approving a contract with All Around Landscaping, Inc. in the amount of $66,704.00 from the tree escrow fund for the purchase and planting of trees, and approving a ten percent (l 0%) proj ect contingency. l/Police Department Policies: A resolution approving Fayetteville Police Department Policies 25.1 Grievance Procedures, 35.1 Perforrnance Evaluation, and 61.4.3 Towed Vehicles. 8l Washington Regional Medical Center Real Estate Conveyance Agreement: A resolution to approve the Real Estate Conveyance Agreement with Washington Regional Medical Center. B. Unfinished Business: l---Revised 'Ward Boundaries: An ordinance to approve revised Ward Boundaries to equalize ward populations after the 2010 Federal Census and to amend $32.03 of the Fayetteville Code. This ordinance was left on the Second Reading at tlte September 20, 2011 City Council meeting. Left on the Second Reading 7k RZN 11-3866 (2013 E. Mission Blvd./Ruskin Heights): An ordinance rezoning that\'/ property described in rezoning petition RZN 1l-3866, for approximately 28.93 acres located at 2073 East Mission Boulevard from R-PZD, Residential Planned Zoning District (R-PZD 06-2299 Ruskin Heights), to CS, Community Services; NC, Neighborhood Conservation; and RSF-4, Residential Single Family, 4 units/acre, subject to a Bill of Assurance. This ordinflnce was left on the Second Reuding at the September 20, 2011 City Council meeting. Left on the Second Reading C. New Business: tl/nZN fi,-38g2 (Fayette Junction Master Plan): An ordinance rezoning that property described in rezoning petition RZN 1l-3892, for select properties located within the Fayette Junction Master Plan area totaling approximately 225 acres. 1i3 VVest fulountarn Fayetieville, AR 727Û1 (47S) 575-8323 accessfayetievìlle.crg Teiecommunications Device for the Deaf TDD/TTY í479i 521'1316 q'gZN 11-3916 (Holcomb Heights PZiDIT'IO LLC: An ordinance rezoning that property described in rezoning petition RZN 1I-3916, for approximately 19.24 acres, located at the southwest comer of Salem and V/eir Road from R-PZD, Residential Planned Zoning District (06-2281Holcomb Heights I and 07-2613 Holcomb Heights II), to RSF-8, Residential Single-Family, 8 units per acre. { 4lnW Í-3943 Belclaire Subdivision-Amendment to Bill of Assurance): An ordinance to amend Section 3 of Ordinance No. 4605 to amend the Bill of Assurance to reduce the minimum house size from 2,400 square feet to 2,000 square feet. ú1ll/l 1-3948 (Oakland Courts Right-of-Way Dedication): A resolution to approve a lesser right-of-way dedication than required by the Master Street Plan for property located on Storer Avenue between North Street andHazel Street. $/ Amend XXI Rules of Conduct for all Fayetteville Boards, Çommissions and Committees: An ordinance to amend Aticle XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees to codify uniform eligibility and attendance requirements, to repeal Resolution No. 27-01and to amend or repeal any conflicting code sections. 6. 2011 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas for the year 201 1 fixing the rate thereof at 1.3 mills for General Fund operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas. D. City Council Agenda Session Presentations: Announcements: Adjournment:4nn:\ I ¡¡18* f ; G^-0. c,**-a+ ô+.r" Ëtofl k'a- ¿ ( &'ut";ÐÜ'Ê/\ 113 West MourrTain Fayetieviile, AR 72701 (47S) 575-8323 accessfayetteviile crg Telecommunications Ðevice for the Deaf -lDÐftTY U79\ 521-131õ NOTICE TO MEMBERS OF THE AUDIENCE All interested partíes may øppeør ønd be heard beþre the Cìty Council. If you wísh to øddress the City Council on an agendø item pleøse queue behind the podíum when the Chair øsks for public comment. Once the chair recognizes you, go to the podium and give your name and øddress. Adtlress your comments to the Chaìr, who is the presidìng officer. The Chair will direct your comments to the appropriate elected officiøL, staff member or others for response. Please keep your comments brief, to the point ønd relevønt to the ugendø item being considered so thst everyone has a chance to speøh. Interpreters or TDD for hearíng impuired are øvailable for øll Cíty Council meetíngs, a 72 hour advønce notìce is required. For further information or to request øn interpreter, pleøse csll 575-8330. As ø courtesy please turn off øll cell phones and pagers. A copy of the City Council agenda is availuble at accessfayetteville.org or in the office of the City Clerk, 113 llest Mountain, Fayetteville, Arkansas. 1 l3 West Mcr"¡ntain Fayetieviile, AR 727t1 (479) 575-8323 accessfayetteville.org Telecommunicaticns Device for tire Deaf TDDftÏY (.479) 521-1316 ?no "&y.ud,* #-ur f rrrf üP+ ''Ò ' &Ð lf Tentative Agenda City of F ayetteville Arkansas Cify Council Meeting October 4,2011 Fayetteville City Council Administration Building will be held on October 4,2011 at 6:00 PM in Room located at 113 West Mountain Street, Fayetteville, Aldermen Ward l Position I -AdellaGray Ward I Position 2 - Brenda Boudreaux Ward 2 Position I - Mark Kinion Ward 2 Position 2 - Matthew Petty Ward 3 Position I - Justin Tennant Ward 3 Position 2 - Robert Ferrell Ward 4 Position I - Rhonda Adams Ward 4 Position 2 - Sarah E. Lewis ARKANSAS Mayor Lioneld Jordan City Attomey Kit Williams City Clerk Sondra Smith A meeting of the 219 of the City Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: l. { Approval of the September 20,2011 City Council meeting minutes. 2011 Justice Assistance Grant (JAG): A resolution approving acceptance of a 2011 Justice Assistance Grant through the U.S. Department of Justice in coordination with other Washington County law enforcement agencies and approving a budget adjustment in the amount of $88,866.00. Internal Revenue Service (IRS) Task Force: A resolution approving a budget adjustment in the amount of $41,405.00 to recognize revenue and expenses related to city participation in the local Internal Revenue Service (IRS) Task Force for the fiscal years of 2010-2011 and 20ll-2012. 113 West Mountain Fayetteville, AR 727t1 (479) 575-8323 accessfayetteville.org Teleçommunications Ðevice for the Deaf TDD/T-TY (479) 521-1316 Bid #11-49 Second Nature Property Management, LLC: A resolution awarding Bid #11-49 and approving a contract with Second Nature Property Management, LLC in the amount of $151,371.34 for the construction of a modular block retaining wall near the Garland Avenue U of A Farm Trail tunnel, and approving a twenty percent (20%) project contingency. Bid #11-54 Alarmtec Systems: A resolution awarding Bid #11-54 and approving a contract and change order with Alarmtec Systems in the total amount of $166,500.00 for /construction of security improvements at Drake Field' .$,, J "N, I -d giO #11-55 All Around Landscapingo Inc.: A resolution awarding Bid #11-55 and \gP'"X$1atf approving a contract with All Around Landscaping, Inc. in the amount of $66,704.00v ,V\f ' fiom the tree escrow fund for the purchase and planting of trees, and approving a ten çÏuaÑ fv"'"""t (t0%) project contingencv' JJ'ûJ'\Dí" C{'tä Ù, S'" l. Police Department Policies: This itern is currently in HR 6eing reviewed by Missy. K$ ,,] A \-.. ,r r t|,\ 4 [rùu/ rb&,ì!+ *; B. Unfinisthed Business: 1.4 t" :ixy'-ilusiness: V. RZN 11-3892 (Fayette Junction Master Plan): An ordinance rezoning that property described in rezoning petition RZN 1I-3892, for select properties located within the Fayette Junction Master Plan area totaling approximately 225 acres. RZN 11-3916 (Holcomb Heights PZDITTO LLC: An ordinance rezoning that property described in rezoning petition RZN 1l-3916, for approximately 19.24 aues, io.ãt.d at the southwest corner of Salem and Weir Road from R-PZD, Residential Planned Zoning District (06-2251Holcomb Heights I and 07-2613 Holcomb Heights II), to RSF-8, Residential Single-Family, 8 units per acre. ADM ll-3943 Belclaire Subdivision-Amendment to Bill of Assurance): An ordinance to amend Section 3 of Ordinance No. 4605 to amend the Bill of Assurance to f reduce the minimum house size from 2,400 squale feet to 2,000 square feet. d. ADM 11-3948 (Oakland Courts Right-of-Way Dedication): A resolution to approve a lesser right-of-way dedication than required by the Master Street Plan for property located on Storer Avenue between North Street and Hazel Street. Amend XXI Rules of Conduct for all Fayetteville Boards, Commission and Committees: An ordinance to amend Article XXI Rules of Conduct for all Fayetteville Boards, Commissions and Committees to codify uniform eligibility and attendance requirements, to repeal Resolution No. 27-01 and to amend or repeal any conflicting code sections. 113 \ Jest Mountain Fayetieville. AR 727U (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDffTY ($79) 521-1316 I ñ\Õ E';'q nq\ -.4P c0'" I ql ) Amend the Rules of Order and Procedure: A resolution to amend the Rules of Order and Procedure of the Fayetteville City Council to clarifu the procedure of presenting agenda items during City Council meetings. City Hospital: Kit is working on an agenda item regarding the City Hospitalthat he will be aclding. 2011 Mitlage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas for the year 201 1 fixing the rate thereof at I .3 mills for General Fund operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of V/ashington County, Arkansas. D. Cify Council Agenda Session Presentations: Announcements: Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested partíes møy øppeør and be heard beþre the City Council. If you wßh to address the City Council on iln øgenda item please queue behind the podium wlten the Chøir asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chøir will clírect your comments to the appropriste elected official, staff member or others for response. Please keep your comments brief, to the point ønd relevctnt to the agencla item being considered so that everyone høs a chance to speak. Interpreters or TDD for heøring impøired are avøiløble for øll City Council meetings, a 72 hour advønce notice is required. For further inþrmation or to request an interpreter, pleuse call 575-8330. As tt courtesy please turn off all cell pltones ønd pagers. A copy of the City Council øgenclø is øvsilable ut accessfayetteville.org or in the office of the City Clerk, 113 lüest Mountøín, Fayetteville, Arkansas. 113 West Mountain Fayetteville, AR 727U (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316