Page 1 of 2 - bellavistaar.gov · of lila smith on the city of bella vista public library advisory board. c. r2020-resolution . establishing salaries for mayor, city council member,

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I. CALL TO ORDER: This meeting has given public notice in accordance with the Section 25-19-106 of the Freedom of Information Act, in such form that will apprise the public and news media of subject matter that up for consideration and action.

II. ATTENDANCE: Council Members John Flynn, Linda Lloyd, James Wozniak, Larry Wilms, Doug Fowler and Steven Bourke. Mayor Peter Christie, Staff Attorney Jason Kelley and City Clerk Wayne Jertson.

III. NEW BUSINESS

A. R2020-RESOLUTION ACCEPTING THE FINANCIAL AUDIT

REPORT PRESENTED BY THE LANDMARK, PLC FOR THE YEAR ENDING DECEMBER 31, 2019.

B. R2020-RESOLUTION APPROVING THE APPOINTMENT OF WILLIAM G. MYERS TO COMPLETE THE UNEXPIRED TERM OF LILA SMITH ON THE CITY OF BELLA VISTA PUBLIC LIBRARY ADVISORY BOARD.

C. R2020-RESOLUTION ESTABLISHING SALARIES FOR MAYOR,

CITY COUNCIL MEMBER, AND CITY CLERK TO BE EFFECTIVE JANUARY 1, 2021.

D. R2020-RESOLUTION APPROVING THE MAYOR’S

APPOINTMENT OF ERIN ROWE TO THE BELLA VISTA ARTS COUNCIL TO FILL AN UNEXPIRED TERM RESUTLING FROM THE RESIGNATION OF JANELLE REDLACZYK.

E. R2020-RESOLUTION AMENDING THE 2020 CITY BUDGET TO

AUTHORIZE ONE (1) ADDITIONAL PART-TIME POLICE OFFICER TO BE FUNDED WITH EXISTING BUDGETED FUNDS.

MEETING: CITY COUNCIL WORK SESSION

DATE AND TIME: Monday August 17, 2020 Work Session, 5:30PM Zoom Meeting On-Line

Here is the public invitation link for this Zoom meeting Public Registration Link https://us02web.zoom.us/webinar/register/WN_fAZOncZqRNejiUBH8P9ogA Webinar ID 865 6480 0370

https://us02web.zoom.us/webinar/register/WN_fAZOncZqRNejiUBH8P9ogA

Page 2 of 2 F. ORDINANCE- WAIVING THE REQUIREMENTS OF FORMAL

COMPETITIVE BIDDING AND AUTHORIZING THE PURCHASE OF STREET SALT AND SAND BASED ON PRICE AND AVAILABILITY BY INFORMAL PRICE QUOTES THROUGH MARCH 2021

G. R2020-RESOLUTION AUTHORIZING THE MAYOR AND CITY

CLERK TO ENTER INTO A THREE-YEAR LEASE CONTRACT WITH STRONGHOLD DATA, LLC, IN AN AMOUNT NOT TO EXCEED $17,769.81, FOR THE LEASE OF DELL COMPUTERS AND ASSOCIATED EQUIPMENT.

Discussion Items: Hunting in Bella Vista Review with Rating Agency, Daniel Allen Tanyard & Little Sugar Creek Bridges Sunset Road update ADJOURNMENT

*** Please note: Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, please contact the City Clerk at 479-876-1255.

RESOLUTION NO. ___________

CITY OF BELLA VISTA, ARKANSAS

ACCEPTING THE FINANCIAL AUDIT REPORT PRESENTED BY THE LANDMARK, PLC FOR THE YEAR ENDING DECEMBER 31, 2019

WHEREAS, pursuant to Ark. Code Ann. § 10-4-418, the governing body of the City must review the annual audit report created by the Division of Legislative Audit or the City’s independent auditor; and WHEREAS, the audit report for the year ending December 31, 2019, only found that the City should improve segregation of duties related to ambulance billing functions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLA VISTA, ARKANSAS: Section 1: The City Council of the City of Bella Vista, Arkansas has reviewed and accepts the audit report presented by the Landmark, PLC, an independent auditor, for the year ending December 31, 2019. In response to said audit, the City shall segregate ambulance billing duties in such manner as recommended by the independent auditor.

ADOPTED THIS _______ DAY OF _________________________, 2020. APPROVED: ____________________________________ PETER CHRISTIE MAYOR ATTEST: ______________________________________ WAYNE JERTSON CITY CLERK Requested by: Mayor Prepared by: Jason Kelley, Staff Attorney

GOVERNMENT AUDITING STANDARDS

Management’s Responsibility

Auditor’s Responsibility

Government Auditing Standards

Basis for Adverse Opinion on U.S. Generally Accepted Accounting Principles

Adverse Opinion on U.S. Generally Accepted Accounting Principles

Opinion on Regulatory Basis of Accounting

Other Matters

Required Supplementary Information




NOTE 1

Reporting Entity

The Financial Reporting Entity

Regulatory Accounting

BasicFinancial Statements - and Management’s Discussion and Analysis - for State and Local Governments

General Fund Street Fund All Other Funds in the Aggregate,

Fund Accounting

General Fund

Street Fund

Other Funds in the Aggregate

Special Revenue Funds

Agency Funds

Use of Estimates

Cash Equivalents

Basis of Accounting

Donations

Fund Balances

Restricted Assets

Advertising

Subsequent Events

Upcoming Accounting Pronouncements

Leases,

Budgets and Budgetary Accounting

NOTE 2:

NOTE 3:

NOTE 4:

NOTE 5:

NOTE 6:

NOTE 7:

Workers' Compensation

Municipal Legal Defense Program

Municipal Property Program

Municipal Vehicle Program

NOTE 8

NOTE 9:

NOTE 10:

ccounting and Financial Reporting for Pensions – an amendment of GASB Statement No. 27

modified cash basis

modified cash basis

Local Police and Fire Retirement System

NOTE 11:

NOTE 12:

NOTE 13:

NOTE 14:

GOVERNMENT AUDITING STANDARDS


deficiency in internal control

material weakness

significant deficiency



,


Significant Accounting Policies

Significant Accounting Estimates

Financial Statement Disclosures



APPROVING THE APPOINTMENT OF WILLIAM G. MYERS TO COMPLETE THE UNEXPIRED TERM OF LILA SMITH ON THE CITY OF BELLA VISTA PUBLIC LIBRARY ADVISORY BOARD

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLA VISTA,

ARKANSAS: SECTION 1: The appointment of William G. Myers to complete the remainder of the unexpired term of Lila Smith on the City of Bella Vista Public Library Advisory Board is hereby approved. PASSED THIS ______ DAY OF ________________________, 2020.

APPROVED: ____________________________________ Mayor Peter Christie Attest: _______________________________ City Clerk Wayne Jertson Requested by Mayor Christie Prepared by Jason Kelley, Staff Attorney



ESTABLISHING SALARIES FOR MAYOR, CITY COUNCIL MEMBER, AND CITY CLERK TO BE EFFECTIVE JANUARY 1, 2021

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLA VISTA, ARKANSAS: SECTION 1: The annual salary compensation for the elected officials of Mayor, City Council Member, and City Clerk shall be as follows: Mayor- $102,438 annually City Council Member- $8,400.00 annually City Clerk- $21,000.00 annually SECTION 2: Benefits qualifications for full-time elected officials, as established by previous Resolution, shall remain unchanged. SECTION 3: Annual salaries authorized by this Resolution shall become effective January 1, 2021. ADOPTED THIS ______ DAY OF ________________________, 2020.

APPROVED: ____________________________________ PETER CHRISTIE MAYOR ATTEST: _______________________________ WAYNE JERTSON CITY CLERK Requested by Mayor Christie Prepared by Jason Kelley, Staff Attorney



APPROVING THE MAYOR’S APPOINTMENT OF ERIN ROWE TO THE BELLA VISTA ARTS COUNCIL TO FILL AN UNEXPIRED TERM RESUTLING FROM THE RESIGNATION OF JANELLE REDLACZYK


ARKANSAS: SECTION 1: The Mayor’s appointment of Erin Rowe to the Bella Vista Arts Council to fill an unexpired term ending April 22, 2021, resulting from the resignation of Janelle Redlaczyk, is hereby approved. ADOPTED THIS ______ DAY OF ________________________, 2020.




AMENDING THE 2020 CITY BUDGET TO AUTHORIZE ONE (1) ADDITIONAL PART-TIME POLICE OFFICER TO BE FUNDED WITH EXISTING BUDGETED FUNDS


ARKANSAS: SECTION 1: The City Council of the City of Bella Vista hereby amends the 2020 City Budget to authorize one (1) additional part-time police officer to be funded with existing budgeted funds in the 2020 City Budget. ADOPTED THIS ______ DAY OF ________________________, 2020.


BUSINESS OF THE CITY COUNCIL BELLA VISTA, AR

MEETING DATE: August 24, 2020 AGENDA ITEM: Resolution ITEM TITLE: Part-Time Law Enforcement Officer Program SUBMITTED BY: Chief James Graves SUMMARY EXPLANATION: Maintaining adequate Law Enforcement staffing can be challenging when faced with unforeseen events such as: internal staffing disruptions, community event request, severe weather, etc. Maintaining a full time Law Enforcement officer staff, to adequately meet all unforeseen needs, is at minimum expensive and likely cost prohibitive. The use of part-time law enforcement officers would assist the department in meeting all required duties at a fraction of the cost of a full time officer. These officers would be certified to Arkansas standards and have prior law enforcement experience. A part-time officer would earn $19 an hour, require a $59 a month LOPFI payment and have minimal equipment and uniform cost. One part-time officer would cost the city approximately $16,524 annually: $14,400 salary, $2,124 LOPFI. This would allow the officer to work approximately one 10-hour shift per week. Much of this expense will be covered through the savings in department overtime; which currently is used to cover many of these extra duties. The funds required to support the part-time officer program will be presented to the City Council for approval during the annual budgeting process. ATTACHMENT: ORDINANCE RESOLUTION OTHER RECOMMENDATION: Chief of Police recommends City Council approve the part-time officer program as presented. Additionally, it is recommended that the City Council approve the program be started in 2020 as long as it can be supported within the existing approved 2020 department budget. ACTION REQUESTED: Motion to adopt

ORDINANCE NO __________


WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZING THE PURCHASE OF STREET SALT AND SAND BASED ON PRICE AND AVAILABILITY BY INFORMAL PRICE QUOTES THROUGH MARCH 2021

WHEREAS, the procurement of sand and salt for street treatment of icy conditions is

necessary for the health, public safety and welfare of the citizens of the City; and

WHEREAS, formal competitive bidding of salt and sand is not feasible or practical due to a lack of potential bidders caused by restricted availability of such products for delivery to the City; and WHEREAS, it is anticipated that more than $20,000.00 worth of salt and sand are necessary for City needs through the winter season of 2020-2021;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BELLA VISTA, ARKANSAS: SECTION 1. The City Council of the City of Bella Vista, Arkansas hereby determines that the above circumstances make formal competitive bidding not feasible or practical and therefore waives the requirement of formal competitive bidding and authorizes the Mayor to purchase street salt and sand based on price and availability by informal price quotes through March 2021.

ADOPTED THIS _____ DAY OF _____________________, 20______.

APPROVED:

____________________________________ PETER CHRISTIE MAYOR ATTEST: _____________________________________ WAYNE JERTSON CITY CLERK Requested by: Mayor Prepared by: Jason Kelley, Staff Attorney

Memorandum August 13, 2020

To: Mayor Peter Christie and Bella Vista City Council

From: Mike Button, City of Bella Vista Street Superintendent

RE: Waiver of Bid for Road Salt and Sand

It is that time of year whereas the Street Department will be stock piling road salt and sand for the upcoming inclement weather season. As like in the past, these materials are all most impossible to ascertain through the competitive bidding process due to the fact vendors have committed to other customers and are not willing to take on new customers. We look for “brokers” by means of acquiring quotes for these products based on availability.

With that being said I recommend that the Bella Vista City Council waive the competitive bidding process for the procurement of salt and sand for street treatment of icy road conditions necessary for the health, public safety and welfare of the citizens of the City.

Respectfully Submitted,

Mike Button

City of Bella Vista Street Superintendent,



AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A THREE-YEAR LEASE CONTRACT WITH STRONGHOLD DATA, LLC, IN AN AMOUNT NOT TO EXCEED $17,769.81, FOR THE LEASE OF DELL COMPUTERS AND ASSOCIATED EQUIPMENT

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLA VISTA, ARKANSAS: SECTION 1: The Mayor and City Clerk are hereby authorized to enter into a three-year lease contract with Stronghold Data, LLC in an amount not to exceed $17,769.81, for the lease of Dell computers and associated equipment ADOPTED THIS ______ DAY OF ________________________, 2020.

APPROVED: ____________________________________ Mayor Peter Christie ATTEST: _______________________________ City Clerk Wayne Jertson Requested by Mayor Christie Prepared by Jason Kelley, Staff Attorney

EndpointsQuote # 005688 | Version 1

Prepared for:

City of Bella Vista

Stronghold Data LLC 531 N. Schifferdecker Ave. Joplin, MO 64801 Phone (417) 627-9878 Fax (417) 623-7606http://www.strongholddata.com/

City of Bella VistaJohn Moeckel101 Town CenterPO Box 5655Bella Vista, AR [email protected]

Dear John,

Thursday, August 06, 2020

Thank you for contacting Stronghold Data to build a better business through better technology. Stronghold Data has been providing quality products and services since 1990 and has grown from a small company selling PC’s to the area’s largest Joplin Based IT company serving organizations of all types and sizes across the four-state region.

We understand your business needs quiet and predictable IT Support. We quiet the noise with dedicated IT support and complete IT solutions.

The following proposal is for a Computer Technology solution. In addition to our hardware and software products, we offer a complete line of Business Continuity Solutions, Information Security, Managed IT Services, and Cloud Services.

Please review this proposal and contact us with any questions you have. We will be happy to assist in explaining the items and navigating the ordering process. Again, thank you for the opportunity to present our products and services. We look forward to providing you with the best solution available for your business needs.

Jason RinckerSales DirectorStronghold Data LLC

Page 2 of 12 http://www.strongholddata.com/(417) 627-9878

Description Price Qty Ext. Price

Hardware

Dell Latitude 3510 10th Generation Intel Core i3-10110U (2 Core, 4M cache, base 2.1GHz,up to 4.1GHz) Win 10 Pro 64 English, French, Spanish Integrated Intel UHD for 10th Generation Intel Core i3-10110U 8GB,1x8GB, DDR4 Non-ECC M.2 256GB PCIe NVMe Class 35 Solid State Drive 15.6" LCD Display Back Cover, WLAN 15.6" FHD WVA (1920 x 1080) Anti-Glare Non-Touch, Camera &Microphone Non-Backlit Power Button with No Fingerprint Reader Single Pointing Non Backlit Keyboard, US English DW1820 WLAN Driver Qualcomm(R) QCA61x4A 802.11ac Dual Band (2x2) Wireless Adapter,Bluetooth 4.2 3 Cell 40Whr ExpressCharge Capable Battery 65 Watt AC Adapter OS-Windows Media Not Included US Power Cord Latitude 3510 Quick Start Guide SERI Guide (ENG/FR/Multi) SupportAssist Dell(TM) Digital Delivery Cirrus Client Dell Client System Update (Updates latest Dell Recommended BIOS,Drivers, Firmware and Apps) Waves Maxx Audio Dell Power Manager Dell SupportAssist OS Recovery Tool Dell Optimizer ENERGY STAR Qualified EPEAT 2018 Registered (Silver) Latitude 3510 Bottom Door Included Dell Limited Hardware Warranty Extended Year(s) Dell Limited Hardware Warranty ProSupport Plus: Accidental Damage Service, 3 Years ProSupport Plus: Keep Your Hard Drive, 3 Years ProSupport Plus: Next Business Day Onsite, 1 Year ProSupport Plus: Next Business Day Onsite, 2 Year Extended ProSupport Plus: 7x24 Technical Support, 3 Years Thank you for choosing Dell ProSupport Plus. For tech support, visitwww.dell.com/contactdell or call 1-866-516-3115

Dell Latitude 3510 $945.17 3 $2,835.51



Hardware

OptiPlex 5070 Micro BTX Intel Core i5-9500T (6 Cores/9MB/6T/2.2GHz to 3.7GHz/35W) Win 10 Pro 64 English, French, Spanish 8GB (1X8GB) 2666MHz DDR4 Memory M.2 256GB PCIe NVMe Class 35 Solid State Drive Thermal Pad M2X3.5 Screw for SSD/DDPE OptiPlex 5070 Micro System Power Cord (Philipine/U Intel Wireless-AC 9560, Dual-band 2x2 802.11ac Wi-Fi with MU-MIMO +Bluetooth 5 Internal Wireless Antennas Wireless Driver, Intel 9560AC Black Dell KB216 Wired Multi-Media Keyboard English Black Dell MS116 Wired Mouse SupportAssist Dell(TM) Digital Delivery Cirrus Client Dell Client System Update (Updates latest Dell Recommended BIOS,Drivers, Firmware and Apps) Waves Maxx Audio Dell Developed Recovery Environment Software for OptiPlex Systems ENERGY STAR Qualified SERI Guide (ENG/FR/Multi) Dell Watchdog Timer Quick Setup Guide 5070 Micro Print on Demand Label Trusted Platform Module (Discrete TPM Enabled) MFF: Regulatory LBL for Mexico, 90W Intel(R) Core(TM) i5 Processor Label 90 Watt AC Adapter Intel Standard Manageability Dell Developed Recovery Environment Dell Limited Hardware Warranty Plus Service ProSupport: 7x24 Technical Support, 3 Years ProSupport: Next Business Day Onsite 3 Years Thank you choosing Dell ProSupport. For tech support, visit//support.dell.com/ProSupport

OptiPlex 5070 MFF MLK $689.29 16 $11,028.64



Hardware

Dell Latitude 7400 BTX 8th Generation Intel Core i5-8265U Processor (4 Core,6MBCache,1.6GHz,15W) Win 10 Pro 64 English, French, Spanish Integrated Intel UHD 620 Graphics for i5-8265U Processor 8GB, 1x8GB, DDR4 Non-ECC M.2 256GB PCIe NVMe Class 40 Solid State Drive Bottom Door for Latitude 7400 Carbon Fiber 14.0" FHD (1920 x 1080)AG,Non-Touch,SLP,6.0mmCam/Mic,WLAN/WWAN Capable,Carbon Fiber,Privacy Shutter FIPS 201 Contacted SmartCard Reader, Carbon Fiber Single Pointing US English Keyboard with Backlight Intel Dual Band Wireless Driver 9560 (802.11ac) 2x2 + Bluetooth 5.0 Intel Dual Band Wireless AC 9560 (802.11ac) 2x2, Bluetooth 5.0 60 watt-hour, 4 cell, SMP battery MOD 65W AC Adapter, 7.4mm Barrel OS-Windows Media Not Included E5 US Power Cord Quick Reference Guide SERI Guide (ENG/FR/Multi) Regulatory Label, FCC Dell(TM) Digital Delivery Cirrus Client Dell Client System Update (Updates latest Dell Recommended BIOS,Drivers, Firmware and Apps) Waves Maxx Audio Dell Developed Recovery Environment Dell Power Manager Latitude 7400 Software Driver ENERGY STAR Qualified Dell Limited Hardware Warranty Plus Service ProSupport Plus: Accidental Damage Service, 39 Months ProSupport Plus: Next Business Day Onsite, 39 Months ProSupport Plus: Keep Your Hard Drive, 39 Months ProSupport Plus: 7x24 Technical Support, 39 Months Thank you for choosing Dell ProSupport Plus. For tech support, visitwww.dell.com/contactdell or call 1-866-516-3115

Dell Latitude 7400 $1,073.09 1 $1,073.09

Dell OptiPlex Micro All-in-One Mount for E-Series Monitors, Kit

Dell OptiPlex Micro All-in-One Mount for E-Series Monitors, Kit $40.19 15 $602.85

ODD Mount with Adaptor Box ,for Micro Chassis, Customer Install

ODD Mount with Adaptor Box ,for Micro Chassis, Customer Install $75.80 1 $75.80



Hardware

Dell Multi-Device Wireless Combo KM7120W

Dell Multi-Device Wireless Keyboard and Mouse Combo -KM7120W $72.35 1 $72.35

Dell Thunderbolt Dock- WD19TB Advanced Exchange Service, 3 Years Dell Limited Hardware Warranty

Dell Thunderbolt Dock- WD19TB $279.82 1 $279.82



Hardware

Dell Mobile Precision Workstation 3551 CTO Intel Core Processor i5-10400H (4 Core, 8MB Cache, 2.60 GHz to 4.60GHz, 35W, vPro)Win 10 Pro 64 English, French, Spanish Microsoft(R) Office 30 Days Trial Intel Core Processor i5-10400H with Nvidia Quadro P620 graphics,ThunderboltNvidia Quadro P620 w/ 4GB GDDR5 Non-touch Bezel, Mic only 15.6" HD, 1366x768, Anti-Glare Non-Touch, 45% color gamut 8GB, 1X8GB, DDR4 2933Mhz Non-ECC Memory M.2 256GB PCIe NVMe Class 40 Solid State Drive Bracket for M.2 PCIe NVMe 2280 SSD Single Pointing Non-Backlit US English Keyboard SP Palmrest, No Fingerprint, No Smart Card, TBT Qualcomm QCA61x4A 802.11ac Dual Band, 2x2, Wireless Adapter +Bluetooth 4.24 Cell 68Whr ExpressCharge Capable Battery Cable for 3/4 cell battery 130W E5 Type C Power Adapter (EPEAT) Intel ME Disabled Resource Media not Included OS-Windows Media Not Included Quick Setup Guide for Mobile Precision 3551 SSD Filler Custom Configuration Wireless Driver, QCA61x4A WLAN card Regulatory Label included FCC Label Bottom door E5 US Power Cord Intel(R) Core(TM) i5 Processor Label SERI Guide (ENG/FR/Multi) SupportAssist System Driver for Mobile Precision 3551 Dell(TM) Digital Delivery Cirrus Client Dell Optimizer for Precision Dell Client System Update (Updates latest Dell Recommended BIOS,Drivers, Firmware and Apps)Waves Maxx Audio Dell Power Manager Dell SupportAssist OS Recovery Tool ProSupport Plus: Accidental Damage Service, 3 Years ProSupport Plus: Keep Your Hard Drive, 3 Years Dell Limited Hardware Warranty Plus Service ProSupport Plus: 7x24 Technical Support, 3 Years ProSupport Plus: Next Business Day Onsite, 3 Years Thank you for choosing Dell ProSupport Plus. For tech support, visit

www.dell.com/contactdell or call 1-866-516-3115

Mobile Precision 3551 $1,449.58 1 $1,449.58



Hardware

Advanced Exchange Service, 3 Years Dell Limited Hardware Warranty

Dell Thunderbolt Dock- WD19TB $279.82 1 $279.82

Dell Multi-Device Wireless Keyboard and Mouse Combo -KM7120W $72.35 1 $72.35

Subtotal: $17,769.81


Version: 1Delivery Date: 08/06/2020Expiration Date: 09/02/2020

Quote #: 005688

Quote Information:Prepared for: Prepared by:

Stronghold Data LLC

Jason Rincker(417) 627-9878Fax (417) [email protected]

City of Bella Vista

101 Town CenterPO Box 5655Bella Vista, AR 72714John Moeckel(479) [email protected]

Endpoints

Description Amount

Quote Summary

Hardware $17,769.81

Subtotal: $17,769.81

Shipping: $36.00

Total: $17,805.81

Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Byaccepting and signing this proposal to purchase products and services from Stronghold Data you are also accepting the contractterms to our Master Services Agreement included with the official quote. This official quote can be downloaded by clicking theicon under the "Download the PDF" section on the Order Web Page. Once you accept this proposal by signing the order you willreceive an email with the completed quote including contract agreement terms and your signature of acceptance.


STRONGHOLD DATA, LLC

MASTER SERVICE AGREEMENT

This Master Service Agreement (“Agreement”) is between Stronghold Data, LLC a Missouri limited liability company with its primary offices located in Joplin, Missouri (“Stronghold Data”) and the Customer as defined in the attached quote (“Client”) and is effective as of the date the related quote is signed by the Client.

1. PROVISION OF SERVICES. Stronghold Data shall provide product(s) and services(s) to Client in accordance with the details listed in the attached quote that is part of this Master Service Agreement.

2. SERVICE PERIOD. The agreement shall begin on the date of the first agreement invoice. Stronghold Data shall provide service(s) as described, for the terms as described in the applicable quote. On expiration of the initial term or a renewal term, the service schedule shall automatically renew for a period of 1 year unless either party gives written notice of termination to the other sixty (60) days before the expiration of the initial term or any renewal term.

3. CUSTOMER RESPONSIBILITIES. Customer will provide access to the site, bandwidth, and necessary utilities as needed by Stronghold Data to perform this Agreement. Customer will designate a contact person with authority to direct Stronghold Data.

4. PAYMENT. Payment for all charges shall be due and payable within thirty (30) days of the date of invoice and must be mailed to the remittance address on the invoice. All invoices not paid within thirty (30) days of the invoice shall bear interest at the rate of 1 ½ % per month or the highest rate allowed by law, whichever is less.

5. DEFAULT. If Client fails to make any payment when due or materially breaches any provision of the Agreement, then Stronghold Data may give notice to Client of its default. If Client fails to cure such default within fifteen (15) days on the notice, then Stronghold Data may do any or all of the following:

(a) Terminate this Agreement by giving notice to Client;

(b) Accelerate all remaining payments hereunder by giving notice to Client;

(c) Pursue any other remedy at law or in equity.

6. CONFIDENTIALITY. Client and Stronghold Data, for each party and for each party’s owners, agents, employees, attorneys, accountants, consultants, and contractors promise covenant and agree, except as required by law, that either party will keep absolutely confidential and shall not disclose or disseminate in any way to third parties the other party’s information and intellectual property, belonging to or originating from the other party, including but not limited to, documents, components, parts, information, drawings, data, scripts, sketches, plans, programs, specifications, techniques, processes, software, inventions, supply sources, customer lists, pricing and other materials, both written and oral, of a secret, confidential or proprietary nature, including without limitation any and all information relating to marketing, finance, business forecasts, invention, research, design or development of system information and any supportive or incidental subsystems, and any and all subject matter claimed in or disclosed by a patent application prepared or filed by or on behalf of the other party. Any disclosure by either party of information or materials included herein to the party’s employees, agents, attorneys, accountants, consultants, and contractors who have a need to know such information and materials is permitted, provided that each person(s) agree to the complete and absolute confidentiality as described in this Agreement.


7. OWNERSHIP OF MATERIALS. Client and Stronghold Data hereby agree that any systems, subsystems, work product, other products, components, parts, information, drawings, data, scripts, sketches, plans, programs, specifications, techniques, processes, software, inventions, and other materials developed and/or created by Stronghold Data for Client’s sole proprietary use shall be property belonging to Client. Upon termination of this agreement, Stronghold Data will transfer and deliver to Client any and all such property belonging to Client that is controlled and/or operated by Stronghold Data.

8. INDEMNIFICATION.

A. To the extent allowed by law, each party shall indemnify, defend, and hold harmless the other party, its officers, directors, board members, agents, and employees, from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of this Agreement caused by its negligent or wrongful acts or omissions. In cases of concurring fault, each party shall bear its share of the loss.

B. This indemnification agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the indemnifying party under worker’s compensation acts, disability benefit acts, or other employee benefit acts.

9. LIMITATIONS OF LIABILITY; NO WARRANTIES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOST BUSINESS, REVENUE OR PROFITS (OTHER THAN FEES AND CHARGES PAYABLE FOR PRODUCT OR SERVICES), OR FOR DAMAGES FOR LOST OR ERRONEOUS DATA, OR BUSINESS INTERRUPTION, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, REGARDLESS OF CHARACTERIZATION, EVEN IF SUCH LOSS AND/OR DAMAGES WERE FORESEEABLE AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. STRONGHOLD DATA LIABILITY FOR CLAIMS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER THAT ARISE IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL MONTHLY RECURRING CHARGES FOR ONE MONTH, REGARDLESS OF WHETHER SUCH CLAIMS OR CAUSES OF ACTION ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

10. GENERAL PROVISIONS.

A. The failure of either party to insist or enforce, in any instance, strict performance by the other of any of the terms of this Agreement or to exercise any rights herein conferred shall not be construed as a waiver or relinquishment of its right to assert or rely upon any such terms or right on any future occasion.

B. Stronghold Data shall perform this Agreement as an independent contractor and neither party shall be the agent, partner, or joint venturer of the other.

C. Client shall not assign this Agreement without the prior written consent of Stronghold Data, which will not be reasonably withheld. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties.

D. This Agreement shall be governed by the laws of the state of Missouri and the venue for any action arising out of this Agreement shall be Jasper County, Missouri. Both parties waive jury trial. Stronghold shall be entitled to recover its costs and attorney fees.

E. If any provision of this Agreement is invalid or unenforceable, then the remainder of this Agreement shall not be affected thereby.

F. Provision contained in this Agreement that by their sense and context are intended to survive the performance of this Agreement shall so survive the completion of performance and termination of this Agreement including the completion of


performance and termination of this Agreement including, without limitation, provisions for indemnification and the making of any and all payments due hereunder.

G. Stronghold Data and Client agree to conduct transactions by electronic means including, without limitation, facsimile transmission and email, and that signatures shall be binding on the parties.

H. If performance of this Agreement by either party or any obligation hereunder (other than payment of money) is prevented, restricted, or interfered with by cause beyond its reasonable control including, but not limited to, acts of God, fire, explosion, vandalism, cable cut, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States government or state or local governments or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority, or by national emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages or other labor difficulties, supplier failures, shortages, breaches or delays, then such party shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference. The party claiming force majeure shall notify the other party and shall use reasonable efforts under the circumstances to avoid or remove such force majeure. If the force majeure last for more than thirty (30) days, either party may terminate this Agreement on written notice.

I. The Agreement can only be modified in writing signed by the parties. In the event any provision of this Agreement conflicts with any applicable law, regulation, or order of any regulatory body with jurisdiction, then such law, regulation, or order shall prevail. In the event of any conflict or inconsistency between this Agreement and the associated quote, the terms of the quote shall prevail.

11. PAYMENT AND ADJUSTMENTS.

For all quoted recurring services (monthly, annually, or as otherwise stated in the official quote), the Client agrees that all recurring service charges will be scheduled accordingly and paid to Stronghold Data through our Automated ACH Payment system on a net 15 term, or be subject to a 3% admin fee per invoice for manual processing. Hardware only and non-recurring service purchases are not subject to the ACH Payment requirement. Stronghold Data consistently invests in our customers by providing new and better tools to deliver superior services. In order to deliver the highest level of support with these advanced tools we have a 4% fee increase each year to cover our increased costs for items such as software tools, staff salary increases, etc. Also, there may be rate increases throughout the year passed along to you the customer from vendors such as Microsoft for products included with your service that may be periodically increased or decreased as the vendor changes their rates (i.e. Microsoft Office 365, etc.)

Stronghold Data LLC

Signature:

Name: John Moeckel

Date:

Signature:

Name: Jason Rincker

Title: Sales Director

Date: 08/06/2020

City of Bella Vista


Documents

Page 1 of 2 - bellavistaar.gov · of lila smith on the city of bella vista public library advisory board. c. r2020-resolution . establishing salaries for mayor, city council member,