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HomeMy WebLinkAbout2014-06-03 - Agendas - Final ALDERMEN CITY OF Ward 1 Position 1-Adella Gray Mayor Lioneld Jordan V� Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Taay e e T 1 e Ward 2 Position 1—Mark Kinion ell �/ Ward 2 Position 2—Matthew Petty City Clerk Sondra E. Smith Ward 3 Position 1—Justin Tennant Ward 3 Position 2—Martin W.Schoppmeyer,Jr. Ward 4 Position 1—Rhonda Adams Ward 4 Position 2—Alan T. Long Final Agenda City of Fayetteville Arkansas City Council Meeting June 03, 2014 A meeting of the Fayetteville City Council will be held on June 03, 2014 at 5:30 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 May 20, 2014 City Council meeting minutes. APPROVED 2. Evans Construction and Remodeling, LLC: A resolution to authorize a contract with Evans Construction and Remodeling, LLC in the amount of$24,900.00 for Community Development Block Grant rehabilitation of an eligible residence located at 505 West Mountain Street. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 102-14 Mailing Address: 113 W Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 3. Bid #14-24 Lewis Ford Sales, Inc.: A resolution to award Bid #14-24 to Lewis Ford Sales, Inc. of Fayetteville, Arkansas for the purchase of a 2015 Ford F550 pickup truck with Reading Utility Body in the amount of$44,276.00 for use by the Water and Sewer Operations Division, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 103-14 4. Bid #14-25 Lewis Ford Sales, Inc.: A resolution to award Bid #14-25 to Lewis Ford Sales, Inc. of Fayetteville, Arkansas for the purchase of a Ford F150 pickup truck with Maxon Lift Gate in the amount of $25,652.40 for use by the Recycling and Trash Collection Division, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 104-14 5. Bid #14-26 Lewis Ford Sales, Inc.: A resolution to award Bid #14-26 to Lewis Ford Sales, Inc. of Fayetteville, Arkansas for the purchase of a Ford F350 pickup truck with Reading Utility Body in the amount of $41,707.00 for use by the Water and Sewer Operations Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 105-14 6. Bid#14-27 Equipment Resource Management, Inc.: A resolution to award Bid#14-27 to Equipment Resource Management, Inc. of Little Rock, Arkansas for the purchase of a Wirtgen Milling Machine W200i in the amount of$589,690.00 with a trade-in allowance of $250,000.00 for a total cost to the city of $339,690.00 for use by the Transportation Division, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 106-14 7. Bid#14-21 Suncoast Infrastructure,Inc.: A resolution to award Bid#14-2 1,to authorize a contract with Suncoast Infrastructure,Inc. in the amount of$76,995.00 to construct Phase Two of Elkins Outfall Gravity Sewer Improvements, to approve a $10,000.00 project contingency, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 107-14 8. State of Arkansas Department of Information Systems: A resolution to authorize the Mayor to sign a Master Service Agreement with the State of Arkansas Department of Information Systems in the amount of$52,000.00 for database administration services for the remainder of 2014, to approve a project contingency in the amount of$8,000.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 108-14 B. Unfinished Business: None Mailing Address: 113 W. Mountain Street vl Aayetteville-acgov Fayetteville,AR 72701 C. Public Hearing: 1. Stroud Investment Properties, LLC: A resolution to order the razing and removal of a dilapidated and unsafe structure owned by Stroud Investment Properties, LLC located at 540 North Betty Jo Drive in the City of Fayetteville, Arkansas, and to approve a budget adjustment. This resolution was Tabled at the May 20, 2014 City Council meeting to the June 3, 2014 City Council meeting. THIS RESOLUTION WAS TABLED INDEFINITELY D. New Business: 1. Stephen and Bonnie G. Turner Settlement: A resolution pursuant to Fayetteville Code of Ordinances Section 39.10(C)(4) to authorize the Mayor to pay $25,552.15 to Stephen and Bonnie G. Turner for a wastewater damage claim arising at 1532 N. Hillcrest Avenue, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 109-14 2. VAC 14-4623 (229 N. School St./Parking Deck): An ordinance approving VAC 14-4623 submitted by the City of Fayetteville for property located at 2229 N. School Avenue to vacate a 5 foot utility easement and a 10 foot right-of-way easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5690 3. Amend Chapter 50 Garbage and Trash: An ordinance to change the name of Chapter 50 Garbage and Trash to Recycling and Trash Collection, to change all references to Solid Waste and Recycling Division within Chapter 50 to Recycling and Trash Collection Division, to change "Operations Director" to "Recycling and Trash Collection Manager" throughout Chapter 50, and to amend §50.05 Depositing on Streets, Alleys, or Sidewalks of the Fayetteville Code. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5691 4. Amend §174.08 Prohibited Signs: An ordinance to amend §174.08 Prohibited Signs (C) Portable Swinger or Temporary Attraction Sign Boards to allow more freestanding "A" frame sandwich/menu sign boards. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5692 E. City Council Agenda Session Presentations: 1. One Book One Community—Maylon Rice F. City Council Tour: Mailing Address: 113 W. Mountain Street vl Aayetteville-acgov Fayetteville,AR 72701 G. Announcements: Adjournment: 6:00 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor,rezoning or development applicant,etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc.to be distributed to the City Council. If a member of the public wishes forthe City Clerk to distribute materials to the City Council before its meeting,such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 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. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. Mailing Address: 113 W. Mountain Street vl Aayetteville-acgov Fayetteville,AR 72701 City Council Meeting: June 3, 2014 Adjourn: Subject: Roll Tennant ✓ Schoppmeyer Adams Long P Gray ~Jw� Marsh �— Kinion Petty Q 6DG Mayor Jordan Subject: Motion To: Motion By: Seconded: Tennant Schoppmeyer Adams Long Gray Marsh Kinion Petty Mayor Jordan City Council Meeting: June 3,2014 Subject: Consent Motion To: Motion By: Seconded: Tennant Schoppmeyer / M, Adams ,/ apprDAd Long Gray Marsh Kinion Petty Mayor Jordan 0 Subject: Motion To: Motion By: Seconded: Tennant Schoppmeyer Adams Long Gray Marsh Kinion Petty Mayor Jordan City Council Meeting: June 3,2014 Subject: None Motion To: Motion By: Seconded: B. 1 Tennant Unfinished Schoppmeyer Business Adams Long Gray Marsh Kinion Petty Mayor Jordan Subject: Motion To: Motion By: Seconded: Tennant Schoppmeyer Adams Long Gray Marsh Kinion Petty Mayor Jordan City Council Meeting: June 3, 2014 Subject: Stroud Investment Properties,LLC Motion To: Motion By: Seconded: C. 1 Tennant f Public Schoppmeyer Hearing Adams ✓ Long ✓ Gray ✓ J7JvAWJ Marsh Kinion ✓ Petty Q6Sr,,L Mayor Jordan Subject: Motion To: Motion By: Seconded: Tennant Schoppmeyer Adams Long Gray Marsh Kinion Petty Mayor Jordan City Council Meeting: June 3, 2014 Subject: Stephen and Bonnie G. Turner Settlement Motion To: Motion By: Seconded: G D. 1 Tennant New Schoppmeyer Business Adams / Long i Gray ✓ --�" — Marsh Kinion Petty Mayor Jordan 7-a Subject: -. VAC 14-4623 (229 N. School St./Parking Deck Motion To: Motion By: Seconded: D 2 Tennant f New Schoppmeyer ✓ ✓ Business Adams Long ✓ ✓ f�QSscd Gray i/ Wool I/ Marsh dr r/ ✓ Kinion ✓ °' Petty Mayor Jordan 7v -7 -0 "7-0 City Council Meeting: June 3, 2014 Subject: Amend Chapter 50 Garbage and Trash Motion To: Motion By: Seconded: D.3 Tennant New Schoppmeyer ✓ ✓ ✓ Business Adams ✓ ✓ Long '� ✓ Gray '� ✓ ✓ C- Marsh �/ J Kinion '✓ ✓ `� PettyFwA Mayor Jordan 7-0 Subject: Amend 174.08 Prohibited Signs Motion To: dhd Re.J Yd i iaJ )Whl� Motion By: Seconded: D. 4 Tennant ✓ ✓ ✓ New Schoppmeyer ✓ ✓ Business Adams ✓ ✓ ✓ Long ✓ �✓ P uoa Gray ✓ f Marsh ✓ ✓ `� Kinion "� ✓ Petty �a Mayor Jordan Ll DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Patti Mulford Paralegal THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorne DATE: June 4,2014 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of June 3,2014 1. Evans Construction and Remodeling, LLC: A resolution to authorize a contract with Evans Construction and Remodeling, LLC in the amount of $24,900.00 for Community Development Block Grant rehabilitation of an eligible residence located at 505 West Mountain Street. 2. Bid #14-24 Lewis Ford Sales, Inc.: A resolution to award Bid #14-24 to Lewis Ford Sales, Inc. of Fayetteville, Arkansas for the purchase of a 2015 Ford F550 pickup truck with Reading Utility Body in the amount of $44,276.00 for use by the Water and Sewer Operations Division, and to approve a budget adjustment. 3. Bid 914-25 Lewis Ford Sales, Inc.: A resolution to award Bid #14-25 to Lewis Ford Sales, Inc. of Fayetteville, Arkansas for the purchase of a Ford F150 pickup truck with Maxon Lift Gate in the amount of$25,652.40 for use by the Recycling and Trash Collection Division, and to approve a budget adjustment. 4. Bid #14-26 Lewis Ford Sales, Inc.: A resolution to award Bid #14-26 to Lewis Ford Sales, Inc. of Fayetteville, Arkansas for the purchase of a Ford F350 pickup truck with Reading Utility Body in the amount of $41,707.00 for use by the Water and Sewer Operations Division. 5. Bid #14-27 Equipment Resource Management, Inc.: A resolution to award Bid #14-27 to Equipment Resource Management, Inc. of Little Rock, Arkansas for the purchase of a Wirtgen Milling Machine W200i in the amount of$589,690.00 with a trade-in allowance of $250,000.00 for a total cost to the city of$339,690.00 for use by the Transportation Division, and to approve a budget adjustment. 6. Bid#14-21 Suncoast Infrastructure,Inc.: A resolution to award Bid#14-21,to authorize a contract with Suncoast Infrastructure, Inc. in the amount of $76,995.00 to construct Phase Two of Elkins Outfall Gravity Sewer Improvements, to approve a $10,000.00 project contingency, and to approve a budget adjustment. 7. State of Arkansas Department of Information Systems: A resolution to authorize the Mayor to sign a Master Service Agreement with the State of Arkansas Department of Information Systems in the amount of$52,000.00 for database administration services for the remainder of 2014, to approve a project contingency in the amount of $8,000.00, and to approve a budget adjustment. 8. Bonnie G. Turner Settlement: A resolution pursuant to Fayetteville Code of Ordinances Section 39.10(C)(4) to authorize the Mayor to pay $25,552.15 to Bonnie G. Turner in settlement of a damage claim arising at 1532 N. Hillcrest Avenue, and to approve a budget adjustment. 9. Amend Chapter 50 Garbage and Trash: An ordinance to change the name of Chapter 50 Garbage and Trash to Recycling and Trash Collection, to change all references to Solid Waste and Recycling Division within Chapter 50 to Recycling and Trash Collection Division, to change "Operations Director" to "Recycling and Trash Collection Manager" throughout Chapter 50, and to amend §50.05 Depositing on Streets, Alleys, or Sidewalks of the Fayetteville Code. 10. Amend §174.08 Prohibited Signs: An ordinance to amend §174.08 Prohibited Signs (C) Portable Swinger or Temporary Attraction Sign Boards to allow more freestanding "A" frame sandwich/menu sign boards. ALDERMEN CITY OF Ward 1 Position 1-Adella Gray Mayor Lioneld Jordan V� Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Taay e e T 1 e Ward 2 Position 1—Mark Kinion ell �/ Ward 2 Position 2—Matthew Petty City Clerk Sondra E. Smith Ward 3 Position 1—Justin Tennant Ward 3 Position 2—Martin W.Schoppmeyer,Jr. Ward 4 Position 1—Rhonda Adams Ward 4 Position 2—Alan T. Long Final Agenda City of Fayetteville Arkansas City Council Meeting June 03, 2014 A meeting of the Fayetteville City Council will be held on June 03, 2014 at 5:30 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 May 20, 2014 City Council meeting minutes. 2. Evans Construction and Remodeling, LLC: A resolution to authorize a contract with Evans Construction and Remodeling, LLC in the amount of$24,900.00 for Community Development Block Grant rehabilitation of an eligible residence located at 505 West Mountain Street. Mailing Address: 113 W Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 3. Bid #14-24 Lewis Ford Sales, Inc.: A resolution to award Bid #14-24 to Lewis Ford Sales, Inc. of Fayetteville, Arkansas for the purchase of a 2015 Ford F550 pickup truck with Reading Utility Body in the amount of$44,276.00 for use by the Water and Sewer Operations Division, and to approve a budget adjustment. 4. Bid #14-25 Lewis Ford Sales, Inc.: A resolution to award Bid #14-25 to Lewis Ford Sales, Inc. of Fayetteville, Arkansas for the purchase of a Ford F150 pickup truck with Maxon Lift Gate in the amount of $25,652.40 for use by the Recycling and Trash Collection Division, and to approve a budget adjustment. 5. Bid #14-26 Lewis Ford Sales, Inc.: A resolution to award Bid #14-26 to Lewis Ford Sales, Inc. of Fayetteville, Arkansas for the purchase of a Ford F350 pickup truck with Reading Utility Body in the amount of $41,707.00 for use by the Water and Sewer Operations Division. 6. Bid#14-27 Equipment Resource Management, Inc.: A resolution to award Bid#14-27 to Equipment Resource Management, Inc. of Little Rock, Arkansas for the purchase of a Wirtgen Milling Machine W200i in the amount of$589,690.00 with a trade-in allowance of $250,000.00 for a total cost to the city of $339,690.00 for use by the Transportation Division, and to approve a budget adjustment. 7. Bid#14-21 Suncoast Infrastructure,Inc.: A resolution to award Bid#14-21,to authorize a contract with Suncoast Infrastructure, Inc. in the amount of$76,995.00 to construct Phase Two of Elkins Outfall Gravity Sewer Improvements, to approve a $10,000.00 project contingency, and to approve a budget adjustment. 8. State of Arkansas Department of Information Systems: A resolution to authorize the Mayor to sign a Master Service Agreement with the State of Arkansas Department of Information Systems in the amount of$52,000.00 for database administration services for the remainder of 2014, to approve a project contingency in the amount of$8,000.00, and to approve a budget adjustment. B. Unfinished Business: None C. Public Hearing: 1. Stroud Investment Properties, LLC: A resolution to order the razing and removal of a dilapidated and unsafe structure owned by Stroud Investment Properties, LLC located at 540 North Betty Jo Drive in the City of Fayetteville, Arkansas, and to approve a budget adjustment. This resolution was Tabled at the May 20, 2014 City Council meeting to the June 3, 2014 City Council meeting. Mailing Address: 113 W. Mountain Street vl Aayetteville-acgov Fayetteville,AR 72701 D. New Business: 1. Stephen and Bonnie G. Turner Settlement: A resolution pursuant to Fayetteville Code of Ordinances Section 39.10(C)(4) to authorize the Mayor to pay $25,552.15 to Stephen and Bonnie G. Turner for a wastewater damage claim arising at 1532 N. Hillcrest Avenue, and to approve a budget adjustment. 2. VAC 14-4623 (229 N. School St./Parking Deck): An ordinance approving VAC 14-4623 submitted by the City of Fayetteville for property located at 2229 N. School Avenue to vacate a 5 foot utility easement and a 10 foot right-of-way easement. 3. Amend Chapter 50 Garbage and Trash: An ordinance to change the name of Chapter 50 Garbage and Trash to Recycling and Trash Collection, to change all references to Solid Waste and Recycling Division within Chapter 50 to Recycling and Trash Collection Division, to change "Operations Director" to "Recycling and Trash Collection Manager" throughout Chapter 50, and to amend §50.05 Depositing on Streets, Alleys, or Sidewalks of the Fayetteville Code. 4. Amend §174.08 Prohibited Signs: An ordinance to amend §174.08 Prohibited Signs (C) Portable Swinger or Temporary Attraction Sign Boards to allow more freestanding "A" frame sandwich/menu sign boards. E. City Council Agenda Session Presentations: 1. One Book One Community—Maylon Rice F. City Council Tour: G. Announcements: Adjournment: Mailing Address: 113 W. Mountain Street vl Aayetteville-acgov Fayetteville,AR 72701 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor,rezoning or development applicant,etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc.to be distributed to the City Council. If a member of the public wishes forthe City Clerk to distribute materials to the City Council before its meeting,such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 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. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. Mailing Address: 113 W. Mountain Street vl Aayetteville-acgov Fayetteville,AR 72701 A.8 caro of nrnk(a„�ag nPpan..,ent �W✓ �•+ Claire 90,g14mation Page 1Sof 14 oopompt of 10101motE sptoms dor Mike Beebe Oe Arkansas..AState ofTechnology. Governor MASTER SERVICE AGREEMENT Master Service Agreement# AASIS'Business Area* Term End Date: 0517 Automatic renewal per Biennium Customer. City, of Fayetteville Address: 113 West Mountain Street Fayetteville, Arttansas, 72701 PLEASE DESIGNATE CUSTOMER AGENCY CONTACT INFORMATION BELOW Customer Contact Person: Title: IT Project Manager Email Address: dvandertord@fayettevilie-ar.gov Phone Number: 479-973-4834 Forquestions concerning this Master Service Agreement, please contact: DIS Contact Person: Mary McCoy, DIS Contracts Administrator Email: DIS.Contractsnarkansas.ci or marv:mccclvftarkansas.00v Fax Number:501-882-4310 MSA.# eMSA_Prefix» DIS-258 Page 1 of 11 One Capitol Melt I P.O.Box.3S5t3 1 LRtte:Rock.AR 72203 1.phone 501:6822701 1 tax 501.682.4310 I. wwwAKstate.aws A.8 State of Arkansas Department of Information Systems Page 2 of 14 1. Prelude The goal of this Master Service Agreement(MSA) is to establish a master set of Terms and Conditions to govern all services rendered to Customer by the Department of Information Systems (DIS)within the term of the referenced biennium. H.DIS Responsibilities DIS shall be responsible for providing services in compliance with the Terms and Conditions of the MSA and with any additional Terms and Conditions contained in DIS Service Requests, as signed by all patties and incorporated herein by reference. Ill.:Customer Responsibilities Customer shall be.responsible for complying with the Terms and Conditions of the MSA. Customer shall provide and make available appropriate staff members to act as primary contacts pursuant to the notice provisions contained in the'MSA Terms and Conditions. IV.Term The Contract period will become effective upon execution of the MSA or on July 1, 2009, whichever date later occurs, and terminates upon the discontinuation of service pursuant,to item 9 of the DIS MSA Terms and Conditions. V.Amendments Any amendments to the MSA shall be made in writing and signed by both parties prior to becoming effective. MSA# aMSA Prefiitu Page 2 of 11 DIS-26B One CaORot Meti .1 P.O.amc 3355;1 Uttie ROM AR 72203 1 phony 501.882.2701. I fax 501,882.4310 I www:dis"ear.us A.8 State of Arkansas Department of Information Systems Vi. Estimates Only Page 3 of 14 All costs for services performed in accordance with Service Requests represent estimates only and are subject to change. DIS agrees to regularly invoice the Customer for services provided in order that the Customer may monitor the status of the Project Cost for which the Customer has sole responsibility for payment. In addition, DIS agrees to make a good faith effort to inform Customer of an increase in the Cost Estimate at the time it is determined actual costs will exceed the Cost Estimate by 25%. At that time or before, DIS and Customer shall discuss and agree, in writing, to any additional costs exceeding the applicable Cost Estimate. In any event, Customer agrees to pay DIS for all services performed by DIS in accordance with the DIS Rate Schedule including any costs for services performed that exceed the amount of the initial Cost Estimate. VII.Termination The termination provisions set forth in the DIS Master Service Agreement Terms and Conditions attached hereto and incorporated herein shall govern the MSA. Vill.Availability of Funds As a party to the MSA, Customer verifies that funds are legally available to pay DIS for services performed pursuant to the MSA and DIS Service:Requests. IX.Taxes and Fees Taxes and fees are not covered under the terms of the MSA and may result in additional charges to Customer. X. Public Disclosure Upon execution of the MSA by all parties,terms of the MSA shall become available to the public pursuant to the provisions of Ark. Code Ann. §25-19-101 at seq. Xt.Authority The MSA shall be governed by the laws of the State of Arkansas. MSA# «MSA Prefixs DIS-2513 Page 3 of 11 One Capitol Mail I P.D.Boz 31551 Little:Rock.AR 72203 I .phone 503.682.2701.'.I fax501:682.4310 I WWWdls.9tate.aru3. A.8 State of Arkansas Department of Information Systems Page 4 of 14 1n signing the MSA, Customer hereby agrees to all Terms and Conditions set forth herein including without limitation, DIS Master Service Agreement Terms and Conditions. 3(111. Signatures Customer Department of Information Systems One Capitol Mali PO Box 3155 Little Rock, AR 72203-3155 Signature: Signature;_. Printed Name: Printed Name, Claire Bailey Tifie: Title: Director Date: Date: l �r MSA# aMSkPrefix» DIS-2513 Page 4 of 11 one Capitol.Mall I P.O.Box USS I Uttle Rock,.AH 72203 10oit8 SOL682:2701 I tax 50L682A310 I www.dISM te.W.Us. A.8 State of Arkansas Department of Information Systems DIS Master Service Agreement Terms and Conditions Page 5 of 14 1, INTRODUCTION: As used In this document, the Department of Information Systems hereinafter will be referred to as"DIS". Any State of Arkansas agency, institution, board, commission, or governmental entity to which services are provided will hereinafter be referred to as "Customer". DIS Master Service Agreement and DIS Service Request(s),,hereinafter referred to collectively as"MSK, when signed by the Customer and DIS, will incorporate DIS Terms and Conditions and become part of the Agreement, consistent with Arkansas Code Annotated, Section 25, Chapter 4. This Master Service Agreement shall govern all services rendered to Customer within the term-of'the referenced biennium. These Terms and Conditions shall supersede any and all existing agreements between DIS and Customer. Z. DIS SERVICE: The Customer:and DIS shall sign an MSA before new DIS Service is initiated. The MSA must be signed by a person authorized to commit Customer funds. Customer shall be billed upon provision of DIS Services and Customer shall pay DI5 based on DIS Service Rates. 3. CUSTOMER CERTIFICATION: By entering into the MSA, the Customer certifies that appropriations and funds are available to make payment for the DIS services to be provided. 4_ AGREEMENT: Contracts for the provision cif DIS services are inter-agency service agreements and are exempt from the provisions of State Purchasing Law and Regulation. Further, they are not considered to be Professional Services or Consultant Services Contracts subject to review by the Department of Finance and Administration (Office of State Procurement) nor are they required to be submitted to the Arkansas Legislative Council for advice. Agreements shall be effective when signed by the Customer and accepted by DIS. 5. RATES: 'DIS Service Rates are developed using generally accepted.accounting principles basedon costs of operations and :apply to all,Customers. Customer will be responsible for all costs incurred' including, but not limited to materials, contract services, labor, and travel time. DIS hourly rates will be MSA# KMSA Prefixa DIS-258 Page 5 of 11 One Capitol Mall t P.O.Box 31M 1 Uttle Rock,AR 12203 1 phone:561.682.2701 1 tax 501.682.4316 1 WWw:destate.W.us A.8 State of Arkansas Department of Information Systems Charged for all hours worked and all preparation and travel time associated with a DIS Service, DISPage s of 14 hourly labor rates will also be charged for all services provided to Customer during hours which may fall outside of State normal working business hours (nights, weekends and holidays). DIS periodically reviews and adjusts the rate structure. The MSA may requirean adjustment to reflect any fate change including Federal Communications Commission or Public Service Commission approved tariffs. A rate change is subject to the written approval of the ChiefFiscal Officer of the State upon the written application of the department and review by the Legislative Council in order to effect compliance with state.and federal statutory and regulatory,provisions. If rates charged to Customer are increased to ensure compliance with state and federal statutory and regulatory provisions, DIS will notify Customer before any changes shall be effected. DIS Rate Schedule will be periodically updated and will be located at DIS Website.htto liwww dis arkansas.aov/list rate.html. 6, AGREEMENT COMPLETION: DIS will notify Customer when the service criteria outlined in the Agreement has been met(if applicable). Customer shall notify DIS; in writing, if the services rendered are not.compliant with the service criteria outlined in the Agreement. If DIS does not receive written notification of dissatisfaction from the Customer'within thirty (30)working days, DIS obligations regarding the services rendered, items delivered,or tasks completed will be deemed satisfied. 7. ISERViCE DELIVERY. DIS will provide services to meet the service criteria and will adjust the service if it does not meet the criteria. Customer is responsible for verifying and approving requirements, test results, and quality acceptance review prior to production status and for notifying DIS in writing within thirty(30)days if the rendered services are not compliant with the service criteria. 8. CUSTOMER ACCOUNT CODES: DIS will assign unique Customer account Codes compatible with DIS Billing Systems to each Agreement for services requested by the Customer. MSA# aMSA_Prefix» Pege DIS-26B 8cof 11 one ceptta M1tall I RO.Sox 9155 I Uttie:Rock.AR 72203 1 Phone 501,682:2701 1 I&X 501.682.9310 1 WWWAIs.atate arum A.8 State of Arkansas Department of Information Systems 9. AGREEMENT CANCELLATION: Agreement(s) may be cancelled by the Customer or DIS uponPage 7 of 14 provision of thirty(30) days prior written notice, to that effect, which notice is signed by an authorized representative. Upon receipt of cancellation notice, DIS shall discontinue all work currently in progress related to the Agreement(s). In the event Customer cancels an Agreement which specifies a duration or commitment.term, amounts due to DIS for the unexpired portion of the term are due and payable upon cancellation to the extent that DIS has incurred costs on behalf of Customer. However, in the event of early termination of the,Agreement(s), DIS will makebest efforts•to-mitigate damages. Customer will be liable for actual fees or costs incurred by DIS as a direct result of early termination by Customer of the Agreement(s). 10. CANCELLATION CONDITION: Customer agrees to pay all charges and costs incurred by DIS including, but not limited to, equipment,software, license fees; other material and time acquired on behalf of Customer. DIS is obligated to recoup all unrecovered cost incurred on behalf of Customer. Customer may be liable for termination charges imposed upon DIS by vendors from service cancellation. If requested by the Customer within such written cancellation notice, DIS will provide, at the Customer's expense, a report of the status of the entire Customer's work in progress before discontinuing services: 11. DIS EQUIPMENT:: Equipment provided by'DIS remains the property of DIS. Customer will provide a limited access location with dedicated power for the equipment necessaryfor DIS to provide requested services. Customer will exercise due care to provide an environmentally controlled,facility according to manufacturer's equipment specifications. Customer assumes responsibility for all DIS equipment while in the Customer's possession. Customer shall allow DIS reasonable access to equipment. Customer agrees to obtain DIS authorisation in advance of any relocation or movement of such equipment. 12. CUSTOMER PROVIDED EQUIPMENT: Customer shall be responsible for upgrades and related cost to equipment or software necessary to maintain compatibility with supporting DIS systems. MSA#; RMSA_Prefixo DI&25B Page 7 of 11 One t`aP W Man i P.O.Box 3155 1 uttte flak;Alt 72203 1 phone 501.68227011 tax 301:652.4310 1 wwwAls.state.aws A.8 State of Arkansas Department of Information Systems Page 8 of 14 13. DAMAGE"TO OR LOSS OF DIS EQUIPMENT: Except for normal wear and tear, Customer shall be liable for repair charges or replacement costs of DIS equipment or cable damaged due to Customer negligence, intentional acts, unauthorized installation or maintenance, loss due to thea; or other causes while in.Customees possession. 14. MAINTENANCE OF EQUIPMENT: DIS will provide maintenance coverage for all equipment and cable provided in accordance with the MSA through DIS employed technicians or maintenance contracts between DIS and appropriate vendor(s). Customer is responsible for the maintenance and operation of Customer equipment or software acquired from sources other than DIS. 1'S. INVOICES DIS will provide Customer with monthly invoice(s) for actual services rendered. Customer agrees to remit payment to DIS within forty-five (45) calendar days following the date of the invoice(s)'. DIS may assess interest charges on any past due invoice(s), in accordance with state law. 16 INVOICE DISPUTE: Customer shall notify DIS lin writing concerning the details of any disputed items(s) within forty-five (45) calendar days following the bate of the invoice(s). Customer remains obligated to pay all undisputed portions of the invoices)within the same time period. 17' INVOICE NON-PAYMENT; 'DIS is authorized to;discontinue services to a Customer that does not make a timely remittance of payment for services rendered, and DIS is specifically prohibited from providing services to a Customer lacking funds or sufficient appropriations to pay for the services. Furthermore, in accordance with Act 1722 of 2001, DISmay request that the State Chief Fiscal Officer transfer overdue amounts from user accounts to the DIS revolving fund. 18. DATA: Any data supplied by Customer must adhere to DIS standards and procedures for equipment and data format. Customer shall provide instructions for disposition of all data and is responsible for transportation of all data inputs and outputs. MSA# eMSA.Prefix» DIS-25B Page 8 of 11 one cephol-Mail 1 Po sox 3153 I Uttle:Rock.AR 72203 1 phone 5b1.682=i I fox WL682.4310 I wwwAls state.arms A.8 State of Arkansas Department of Information Systems 19.SYSTEM STANDARDS; Applications or equipment supported by DIS system(s) and network(s) shalrage 9 of 14 be compatible with acceptable DIS standards and procedures. Customer shall notify DIS of any special service requirements associated with audit,security, and control prior to initiation of service. 20. SERVICE SECURITY: Customer is responsible for all access to DIS services and equipment at the Customers location. Consequences of unauthorized access and activity shall be the Customer's :responsibility.. Customer agrees to adhere to DIS security policies while at DIS locations. DtS access badges shall be relinquished when the accessing requirement ends. DIS Security Policy states: "Official Business .Use Only — Unauthorized Use or Access is Prohibited°. This system contains governmental Information. Only authorized users may access this system,and any authorized use of the system, network or information contained herein must be related:to the performance of official governmental functions or business. By accessing and using this system you areconsenting to system monitoring for law enforcement and other purposes, Unauthorized use of, or access to, this computer system may subject you to state and federal criminal prosecution and penalties as well as civil penalties or both." 21. TOLL FRAUD: Toll Fraud Is defined as unauthorized [ails made neither by, nor In collusion with, persons employed or previously employed by the Customer or agents of the Customer, and made by means of remotely accessing the Basic Customer Telephone System from another location and breaching the security of that Basic Customer Telephone System. DIS will investigate instances of Toil Fraud in collaboration with outside sources to the extent possible. Customer will not be liable for Toll Fraud charges but will be responsible for pursuing legal action attributed to, or resulting from, such Toll Fraud. MSA# eMSA.,;Prefixa, DIS-25B Page 9 of 11 One Capttot Mail t P.O.Box 3155 I Llttie Rock.AR 72203 1 o fone 801.682.Voi. 1 fax 541.682.4310 I wwwAls.ate.atus A.8 State of Arkansas Department of Information Systems 22. INTERNAL ABUSE: Other types of unauthorized calls including, but not limited to, direct-dialedPage 10 of 14 calling card and third party calls related to the Basic Customer Telephone System are classified as "internal abuse". Internal abuse includes the use of the Customers public or private long distance network or personal call forwarding feature during non-business hours to receive personal calls at home. Any illegitimate authorization code calls will also be deemed internal abuse. These activities are not regarded as fraud. DIS will assist in the identification of the unauthorized individual committing internal abuse; however, Customer is liable for all charges incurred and is responsible for initiating any needed disciplinary or legal actions resulting from such abuse. 23. INFORMATION DISCLOSURE: All programs,files,documentation and other information provided by the Customeror developed by DIS for the Customer is considered owned by the Customer and will not be disclosed by DIS except pursuant to court ordered process. Any inquiries regarding Customer-owned information shallbe referred to the Customer. Infom2ation relating to the use of DIS provided services by Customer is the property of DIS and. is subject to disclosure in accordance with the Freedom of Information Act. 24. SERVICE INTERRUPTION. Under disaster conditions, DIS will make every occasioned effort to restore services as rapidly as possible but will not be responsible for damage or delays in service occasioned by disaster conditions. For purposes of a Customer's contingency plan in the event;of a disaster, Customer should prepare its plan on the basis that DIS services are completely unavailable, 25,' BILLING ERRORS: Adjustments for billing errors(s) will be made only for the errant charges identified and submitted in writing to the other party prior to the expiration of the biennial period in which charges accrued. A. CHANGE MANAGEMENT. Revisions to Service Requests shall be documented in writing and approved by Customer. Revisions to MSA shall be documented in writing and approved by Customer. MSA# sMSA.Prefix» DIS-258 Page 10 of 11 One Capitol Mali I P.O.Box 3155 I. LittleRock.AR 72203:1 phone 501.682.270i..I tax.501.682.4310 1 wwwAlsstate.arus A.8 State of Arkansas Department of Information Systems 27. E-RATE ELIGIBILITY: E-Rate eligibility includes Customer meeting certification requirementsage tt of 1a including but not limited to adequate budgetary resources for the undiscounted portion of any service sought. DIS shall not be held liable far failure to meet.E-Rate certification. DIS shall not be responsible for any funds related to failure to meet E-Rate certification. If an audit regarding E-Rate funds on behalf of the Customer identifies ineligible funds and requires DIS to repay the ineligible funds, DIS shall bill the customer for this repayment to recoup these funds. MSA# «MSA_Prefix» DIS-2513 Page 11 of 11 Dne:Capltol Mail I. P.O.Box 31W I Uttle Rae,AR 72203. 1 phone 501682,2701.:1 fax 501.682.4310 1 www.tBs.state.ar us A.8 State of Arkansas Department of Information Systems CAI Bill Rate Page 12 of to kill at kt at tt Little Rock I�., �. b - Administrator ADM1 3,"$22,52§ x$22#98 ADM2 '1x',127.24 ADM3 ;x,;;$32.55UP3,333 21;, ==GADCGISAdministrator; , CADD/GIS Administrator l $39 19 n $3,9 99 CADD/GIS Administrator x'-, $45.36 ,i x'$4628 CADDIGIS Administrator 3 $6Z.61 $68.98' Data Entry OperatorRr DE1 $1443 0== $14 3i DE2 Database Administrator - - DBA 1 '$43.5544 DBA 2 DBA3 `'r$64.07 x$65:38 'Functional Architect FA 1 F $32.16 „ FA 2 FA = 446:66 FA4 nr$55'55 Ep,356.6'8 Help Desk Analyst HDA 1 HDA 2 $30,pf HDA 3 'E"' 88 ; Help Desk Support HDS 1 $25 44 HDS 2 d„l $27 84 Produd,SpeOialist _ " PS 1 $41.9 PS 2 $48 35 $49,33 PS 3 la"Progrmt anager PM1 $46.9$PM 2 : : $53.85 ; PM 3 �1 $68.571 $70:5b „ Prograjnmer r=v ax PR 1 PR PR 3 77 PR PRG4 St�i$63:38' 8 Qualify Assurance Specialist QAS 1 $43.05 ,5493 QAS 2 A.8 State of Arkansas Department of Information Systems Page 13 of 14 QAS 3 ;` $58,70 ,$59.8$ .. Sr Architect s. SRA1 $9342 Sr.Business SME MOM hk � BSMEt n , $86.211 Sr.DB Architect fi DBA1 $76.35 $77.91 Sr.Program Manager SPM1 SeniorConeultant y> SC1 $76.319 ,-1, SC2 $88.05 $95,3Q S03 `:$102,2y Service Desk. M1 � 1 k; SD2 $23.43 r:+' :Software Process Engineer, 9 Stu SPE 1 SPE 2 SPS3 ;' $59.10 UP', System Alministrator SA 1 SA 2 $39.91) $4017;1; SA 3 777i55.97 $57*f0 9 System Specialist, p SS 1 SS2 $3646 ,.$37„Z.1' SS 3 $47.97, 8 t.AT-9,4 Team Lead 1pq a £r TL 1 57.59 TL °`r $6199 $63.24 Technical Architecture Specialist a TAS 1 $39.72 1W $4053 TAS 2 ,� $47.02 $47,.97: TAS 3 TAS 4(Lead) Technic6tWriter1 e1, TW 1 ;,: $27.00 TW 2 TW 3 ” $36.04 $36 Telecom Engineer =f TE1 ,,' $33.57 $34:25' $. . TE2 $38.51 TE3 $45.53 Tester r ' Test 1 , Test 2 $40.28 $41:08 A.8 State of Arkansas Department of Information Systems a Page 14 of 14 Test 3 $4 Test 4 Voici'Data Engineer :ad VDE1 VDE2 Vit, VDE3