City Council

COOKEVILLE CITY COUNCIL REGULAR MEETING MARCH 7, 2024 5:30 PM The Cookeville City Council met in regular session on Thursday, March 7, 2024, at 5:30 p.m., in the Municipal Building, 45 E. Broad Street. CALL TO ORDER AND ROLL CALL Mayor Wheaton called the meeting to order. Present and answering roll call were: Councilman Bagci: present Councilman Walker: present Mayor Wheaton: present Vice-Mayor Eldridge: present Councilman Gilbert: present Also present: James Mills, City Manager, Darian Coons, City Clerk and Dan Rader IV, serving as City Attorney. INVOCATION AND PLEDGE OF ALLEGIANCE Keith Tosh, Lead Pastor of VineBranch Community Church, gave the invocation. Mayor Wheaton led the Pledge of Allegiance. CONSIDER APPROVAL OF AGENDA AS PRESENTED Vice-Mayor Eldridge made a motion to approve the agenda. The motion was seconded by Councilman Gilbert. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye OLD BUSINESS Consider approval of minutes of council meeting held on February 15, 2024. Additional information: Appendix SA There were no public comments concerning this item.  Cookeville City Council Minutes March 7, 2024 Councilman Walker made a motion to dispense with the reading of the minutes and approve said minutes as submitted. The motion was seconded by Vice-Mayor Eldridge. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye CONSENT AGENDA Set a date ( 4-4-24) for a public hearing on Ordinance #024-02-02, amendments to the Officials Street Map. Set a date (4-4-24) for a public hearing on Ordinance #024-03-03, amendment to the Zoning Code to permit Private and Parochial Schools in the CI (Commercial-Industrial Mixed Use) District. Consider awarding bid for five thousand (5,000) feet of 350 Triplex URD Cable - Energy Department. Additional information: Appendix 6C Consider awarding bid for three (3) 100 KVA Con Transformers - Energy Department. Additional information: Appendix 6D Consider awarding bid for LED Lights - Energy Department. Additional information: Appendix 6E Consider awarding bid for steel poles - Energy Department. Additional information: Appendix 6F Consider declaring vehicles and equipment as surplus - Energy Department. Additional information: Appendix 6G Consider awarding bid for lawn care services for Animal Shelter - Public Works Department. Additional information: Appendix 6H There were no public comments concerning this item. Councilman Walker made a motion to approve the consent agenda. The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting: 2  Cookeville City Council Minutes March 7, 2024 Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye NEW BUSINESS - PUBLIC HEARINGS AND ACTION ITEMS Consider amendment to the Hollingsworth Indemnity Agreement to allow the Hollingsworth Group to transport dirt across property owned by the City of Cookeville/Putnam County in Highlands Business Park. Additional information: Appendix 7 A There were no public comments concerning this item. Vice-Mayor Eldridge made a motion to amend the Hollingsworth Indemnity Agreement to allow the Hollingsworth Group to transport dirt across property owned by the City of Cookeville/Putnam County in Highlands Business Park. The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye Consider authorizing the City Manager to enter into a professional services contract for Enterprise Resource Planning (ERP} consulting. Additional information: Appendix 7B There were no public comments concerning this item. Councilman Bagci made a motion to authorize the City Manager to enter into a professional services contract for Enterprise Resource Planning (ERP) consulting. The motion was seconded by Councilman Gilbert. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye 3  Cookeville City Council Minutes March 7, 2024 Consider awarding bids for semi-annual paving, asphalt mix, milling & mineral aggregate - Public Works Department. Additional information: Appendix 7C There were no public comments concerning this item. Councilman Walker made a motion to award bids for semi-annual paving, asphalt mix, milling & mineral aggregate. The motion was seconded by Vice-Mayor Eldridge. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye Consider approval to purchase two (2) 2023 pickup trucks for the Electric Division and one (1) 2023 pickup truck for the Gas Division, utilizing Statewide Contract #209 for both purchases - Energy Department. Additional information: Appendix 7D There were no public comments concerning this item. Vice-Mayor Eldridge made a motion to approve purchase of two (2) 2023 pickup trucks for the Electric Division and one (1) 2023 pickup truck for the Gas Division, utilizing Statewide Contract #209 for both purchases. The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye Consider adopting a new design for the City of Cookeville logo. Additional information: Appendix 7E There were no public comments concerning this item. 4  Cookeville City Council Minutes March 7, 2024 Councilman Gilbert made a motion to adopt a new design for the City of Cookeville logo. The motion was seconded by Vice-Mayor Eldridge. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye CITIZENS REQUEST FOR HEARING BEFORE CITY COUNCIL No comments. HEARING FROM OFFICERS, COUNCILMEN AND CITY MANAGER No comments. MAYOR'S COMMENTS No comments. ADJOURNMENT There being no further business, Mayor Wheaton declared the meeting adjourned at 5 :45 p.m. ATTEST: ~ ~as Darian Coons - City Clerk 5  APPENDIX SA COOKEVILLE CITY COUNCIL REGULAR MEETING FEBRUARY 15, 2024 5:30 PM The Cookeville City Council met in regular session on Thursday, February 15, 2024, at 5:30 p.m., in the Municipal Building, 45 E. Broad Street. CALL TO ORDER AND ROLL CALL Mayor Wheaton called the meeting to order. Present and answering roll call were: Councilman Bagci: present Councilman Walker: present Mayor Wheaton: present Vice-Mayor Eldridge: present Councilman Gilbert: present Also present: James Mills, City Manager, Darian Coons, City Clerk and Dan Rader, City Attorney. INVOCATION AND PLEDGE OF ALLEGIANCE ) Tom Savage, Minister of Greater Faith Church of God in Christ, gave the invocation. Mayor Wheaton led the Pledge of Allegiance. CONSIDER APPROVAL OF AGENDA AS PRESENTED Vice-Mayor Eldridge made a motion to approve the agenda. The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye APPOINTMENTS, PROCLAMATIONS, PRESENTATIONS OR AWARDS Announce appointments to Alcohol on Public Property Committee. City Manager James Mills announced that twenty-two (22) applications were received for service on the Alcohol on Public Property Committee. Those selected to serve were:  Cookeville City Council Minutes February 15, 2024 • Jay Albrecht • Alma Anderson • Anna Dunn • Jill Horner • Laura Wolf Woodford OLD BUSINESS Consider approval of minutes of council meeting held on February 1, 2024. There were no public comments concerning this item. Vice-Mayor Eldridge made a motion to dispense with the reading of the minutes and approve said minutes as submitted. The motion was seconded by Councilman Walker. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye ) Councilman Gilbert: aye NEW BUSINESS - PUBLIC HEARINGS AND ACTION ITEMS Consider awarding bid for lawn care services for certain city parks, facilities, and rights-of-way - Leisure Services and Public Works Departments. Additional information: Appendix 7 A There were no public comments concerning this item. Leisure Services Director Rick Woods recommended the lowest bidders meeting specifications on the individual locations as highlighted on the bid tab. Councilman Gilbert stated he would abstain from voting due to being related to one of the bidders and thanked Leisure Services for their hard work in putting together and evaluating this large bid. Councilman Walker shared that the use of contract labor can help control cost and free up City employees to work on additional projects. 2  Cookeville City Council Minutes February 15, 2024 Vice-Mayor Eldridge made a motion to award bid for lawn care services for certain city parks, facilities and rights-of-way as recommended. The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: abstain Consider ratifying the execution of an option to purchase approximately 5.63 acres of property identified as Parcel 78.00 on Tax Map 54 and located off C. C. Camp Road and authorizing the City Manager to exercise the option and proceed with the purchase of the property. Additional information: Appendix 7B There were no public comments concerning this item. City Manager James Mills and Council members expressed their appreciation to the Cowan family for their willingness to help the City ) expand Cane Creek Park. Councilman Bagci made a motion to ratify the execution of an option to purchase approximately 5.63 acres of property identified as Parcel 78.00 on Tax Map 54 and located off C.C. Camp Road and authorizing the City Manager to exercise the option and proceed with the purchase of the property. The motion was seconded by Councilman Walker. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye Consider Resolution #R24-02-03, amending the personnel policies and procedures manual - Human Resources Department. Additional information: Appendix 7C There were no public comments concerning this item. Vice-Mayor Eldridge made a motion to adopt Resolution #R24-02-03. The motion was seconded by Councilman Gilbert. Upon call for a vote, the motion carried with the following voting: 3  Cookeville City Council Minutes February 15, 2024 Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye Consider Resolution #R24-02-02, Reallocating American Rescue Plan Act Funds, previously allocated in Resolution #R22-03-07, to the 2023 South Jefferson Ave. Water Line Project and the 2024 I-40 Corridor Low Pressure Sewer Project - Water Quality Control Department. Additional information: Appendix 7D There were no public comments concerning this item. Vice-Mayor Eldridge made a motion to adopt Resolution #R24-02-02. The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye ) Vice-Mayor Eldridge: aye Councilman Gilbert: aye Consider awarding bid for 2024 I-40 Corridor Low Pressure Sewer Project - Water Quality Control Department. Additional information: Appendix 7E There were no public comments concerning this item. Vice-Mayor Eldridge made a motion to award bid for 2024 I-40 Corridor Low Pressure Sewer Project. The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye 4  Cookeville City Council Minutes February 15, 2024 Consider approval of Engineering Contract Amendment #1 for the Water Treatment Plant Expansion Project - Water Quality Control Department. Additional information: Appendix 7F There were no public comments concerning this item. Councilman Gilbert made a motion to approve Engineering Contract Amendment #1 for the Water Treatment Plant Expansion Project. The motion was seconded by Vice-Mayor Eldridge. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye Consider Approval of Engineering Services Agreement for Design and Construction Management of Standby Power at the Cookeville Water Plant - Water Quality Control Department. ) Additional information: Appendix 7G There were no public comments concerning this item. Councilman Walker expressed that Cookeville is fortunate to have several utilities that it runs and operates, and fortunate to have these projects. Councilman Walker made a motion to approve Engineering Services Agreement for Design and Construction Management of Standby Power at the Cookeville Water Plant. The motion was seconded by Councilman Gilbert. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye 5  Cookeville City Council Minutes February 15, 2024 Hold a Public Hearing on the Annual Progress Report on the Plans Of Services for the following annexation areas: Old Bridge Road/Falling Water River Area; Buck Mountain Road/Dry Valley Road Area; East Highway70N/Interstate 40 Area; West Cookeville/Interstate 40 Area; Shag Rag Road Area; Rebecca Place/Bunker Hill Road Area; Bunker Hill Road/Lovelady Road Area; Freehill Road/North Washington Avenue Area; South Willow Avenue Area; Bennett Road Extension Area; Old Stewart Road Area; Mackie Road Area; and TT of HCP, Hawkins Crawford Road Area. Additional information: Appendix 7H One property owner spoke concerning the capacity of planned sanitary sewer service for East Spring St. Councilman Gilbert expressed his desire for the continued expansion of sewer and added that the longer-term scheduling of sewer projects would help drive development projects. Mayor Wheaton spoke briefly upon the importance of the City of Cookeville's infrastructure to the City Council and thanked everyone for their patience while projects were being accomplished. ) Councilman Walker highlighted that gains in infrastructure and sewer have been accomplished without large increases in expense to the rate payers, and that this balance is important to maintain when planning future expansions. Councilman Walker made a motion to receive the Annual Progress Report on annexation areas. The motion was seconded by Vice-Mayor Eldridge. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye 6  Cookeville City Council Minutes February 15, 2024 CITIZENS REQUEST FOR HEARING BEFORE CITY COUNCIL No comments. HEARING FROM OFFICERS, COUNCILMEN AND CITY MANAGER No comments. MAYOR'S COMMENTS Mayor Wheaton recognized those in attendance from Cultivating Cookeville. ADJOURNMENT There being no further business, Mayor Wheaton declared the meeting adjourned at 6:03 p.m. ATTEST: ) Darian Coons - City Clerk Laurin Wheaton - Mayor 7  (_ CITY OF COOlffiVILLE ELECTRIC DEPT. -- , BID TABULATION SCHEDULE APPENDIX 6C BID NOTICE# 23101101-1 ---------- DATE: 10-25-2023 TIME: 2:00PM CST OPENED BY: Glenn Greenwood WITNESSED BY: Sara Kruszka DEPARTMENT: Electric 350 Triplex BIDDERS Urd Cable QTY 5000' Stuart Irby $4.47/ft Border States $3.21/ft Wesco $3.38/ft Deco $3.13/ft WE, THE UNDERSIGNED DO HEREBY RECOMMEND THE BID FROM Deco BE AWARDED FOR THE FOLLOWING REASON: best evaluated bid. ,,,, l> -----------------------,~------------- m ;z . ~~ C 1-f RECOMMENDE A >< 0\ n  (_ CITY OF COOR.'.:EVILLE ___, ELECTRIC DEPT. APPENDIX 6D BID TABULATION SCHEDULE BID NOTICE # 24012301 ---------- DATE: 2-20-2024 TIME: 2:00 PM CST OPENED BY: Glenn Greenwood WITNESSED BY: Sara Kruszka DEPARTMENT: Electric 100 Kva Con BIDDERS Transformer QTY 3 $ 3,625.00 Deco $ 10,875.00 $ 7,950.00 Border States $ 23,850.00 $ 6,048.00 Gresco $ 18,144.00 $ 11,419.00 Stuart Irby $ 34,257.00 $ 12,225.25 Wesco $ 36,675.75 WE, THE UNDERSIGNED DO HEREBY RECOMMEND THE BID FROM Deco J> -a THE FOLLOWING REASON: best evaluated bid. -a -'------------------------..---------=------- m z C 1-1 X 0\ 0  (_ CITY OF COOkll:VILLE ELECTRIC DEPT. BID TABULATION SCHEDULE APPENDIX 6E - BID NOTICE # 24020801 --------- DATE: 2-20-2024 TIME: 2:00 PM CST OPENED BY: Glenn Greenwood WITNESSED BY: Sara Kruszka DEPARTMENT: Electric sow LED I 225W LED BIDDERS Caretaker Light Galeon Light QTY 336 72 $ 137.17 $ 888.16 Stuart Irby $ 46,089.12 $ 63,947.52 $ 115.75 $ 741.70 Wesco $ 38,892.00 $ 53,402.40 WE, THE UNDERSIGNED DO HEREBY RECOMMEND THE BID FROM Wesco )> BE AWARDED FOR THE FOLLOWING REASON: best evaluated bid. -a ---------------------+------------------ -a m z RC'.m~t tEPT.:::;; 0 ~ )( 0\ m  (_ .J CITY OF COOKEVILLE ELECTRIC DEPT. BID TABULATION SCHEDULE APPENDIX 6F BID NOTICE# 24020601 DATE: 2-20-2024 TIME: 2:00PM CST OPENED BY: Glenn Greenwood WITNESSED BY: Sara Kruszka DEPARTMENT: Electric 50' 55' 80' BIDDERS Steel Pole Steel Pole Steel Pole QTY 18 18 6 $ 2,836.00 $ 3,291.00 $ 6,986.00 Border States $ 51,048.00 $ 59,238.00 $ 41,916.00 $ 3,070.00 $ 3,536.00 $ 7,735.00 Stuart Irby $ 55,260.00 $ 63,648.00 $ 46,410.00 $ 2,894.00 $ 3,358.00 $ 7,130.00 Gresco $ 52,092.00 $ 60,444.00 $ 42,780.00 WE, THE UNDERSIGNED DO HEREBY RECOMMEND THE BID FROM Border States BE A WARDED FOR THE FOLLOWING REASON: best evaluated bid. ,,,, l> --------------------1--~.-------------- m C-c W z> • z C 1-1 >< RECOMMENDEDU DEPT. HEAD .,, 0\  APPENDIX 6G Memorandum To: Darian Coons, City Clerk From: Carl Haney, Energy Director Date: 3/1/2024 Re: Surplus Equipment The listed vehicles and equipment need to be declared surplus by the Cookeville City Council due to end of life cycle and sold on govdeals.com. Year/Make/Model Description VIN 2004 Freightliner M2-106 Terex C6000 Digger Derrick 1FVHCYDC04HN07571 2006 Freightliner M2-106 Altec AA755L Bucket Truck lFV ACYDC66HW89782 2003 Freightliner FL80 Altec AM857 Bucket Truck 1FVHBXAK83HL76381 2012 Ford F-150 4WD Pickup 1FTFX1EF5CFB16224 2010 Ford F-150 4WD Pickup 1FTMF1E8XAKA16488 2004 Ford F-150 4WD Pickup 2FTRX 18W24CA25 871 2006 Chevy Trailblazer SUV 1 GNDT 13 S462154646 ) 1996 Sherman & Reilly Bull Wheel Tensioner 123WM1516T1T16105 Pengo-Jetco Drum Puller P1059XXP010031000 1 ---- '- APPENDIX 6H CITY OF COOKEVILLE BID TABULATION RECORD ANIMAL SHELTER LAWN CARE SERVICES DEPARTMENT Public Works DATE OF BID OPENING: February 22, 2024 BIDS OPENED BY: Blake Mayo TIME OF BID OPENING: 10:00:00 AM OPENING WITNESSED BY: Jacob Ramsaur EVERY TWO WEEKS BIDDERS BID AMOUNT PER VISIT BAYS MAINTENANCE $390.00 WE, THE UNDERSIGNED DO HEREBY RECOMMEND THE BID FROM BAYS MAINTENANCE CO. BE AWARDED FOR THE FOLLOWING REASON: GOOD BID ~~~~- _,,m41d~ ~ mauX~ ~•~~x~"~ l> ~ ~ m 2 0 i-t X 0\ ::c  APPENDIX 7A INDEMNIFICATION AGREEMENT AMENDMENT NUMBER 1 This INDEMNIFICATION AGREEMENT AMENDMENT NUMBER 1 (this "Agreement") is made and entered into this __ day of March, 2024, by and between • Hollingsworth Investments XI, a Tennessee general partnership, with an address of Two Centre Plaza, Clinton, Tennessee 37716 ("Hollingsworth"), Concept Developments, Inc., a Tennessee corporation, with an address of Two Centre Plaza, Clinton, Tennessee 37716 ("Developer") (Hollingsworth and Developer shall be collectively referred to as the "Hollingsworth Group"), the City of Cookeville, a Tennessee municipality, with an address of 45 East Broad Street, Cookeville, Tennessee 38501 (the "City'') and Putnam County, a Tennessee municipality, with an address of 300 East Spring Street, Room 8, Cookeville, Tennessee 38501 (the "County"). RECITALS WHEREAS, the parties previously entered into an Indemnification Agreement dated October 17, 2023; and WHEREAS, the parties desire to amend the previous Indemnification Agreement; and WHEREAS, Hollingsworth Group desires to create a borrow pit at 2991 Highlands Park Boulevard, Cookeville, Tennessee (the "Borrow Pit") which is currently owned by the Industrial Development Board and leased to Hollingsworth Investments VII; and WHEREAS, Hollingsworth owns two lots in Highlands Park (the "Hollingsworth Lots") and desires to transport dirt from the Borrow Pit across Lot B2 Map 64, Parcel 031.05 and Map • 64 Parcel 03.01, which is owned by the City and County ("City/County Lot"); and WHEREAS, the City and County are willing to allow access to the City/County Lot in order to transfer dirt from the Borrow Pit to one of the Hollingsworth Lots in order to discourage a possible road haul that would be necessary if the access is not granted, proposed haul route is attached as Exhibit A; and WHEREAS, the City and County desire to be indemnified and held harmless with respect to claims related to the access granted to the Hollingsworth Group to transport the dirt from the Borrow Pit to the Hollingsworth Lots, and the Hollingsworth Group desires to indemnify and hold harmless the City and County with respect to such claims as set forth herein; and WHEREAS, Hollingsworth wants to use the existing stream crossing and avoid making a new temporary crossing of the stream for the dirt hauling project. NOW, THEREFORE, in consideration of the foregoing promises and the covenants set forth herein, the parties hereby amend and restate the original Indemnification Agreement and agree as follows: 1. Indemnification by the Hollingsworth Group. The Hollingsworth Group shall indemnify and hold harmless the City and County, its successors, and its assigns (jointly and • severally, the "Indemnified Parties") and shall reimburse the Indemnified Parties, for and against any loss, liability, claim, damage, or expense including, without limitation, reasonable attorney fees and expenses, resulting from or arising out of the access granted to the Hollingsworth Group to transport dirt across the City/County Lot (collectively, "Damages"). This indemnity extends to all affected properties and parties and is not limited to only the Indemnified Parties or the property owned by the Indemnified Parties. 2. Procedure for Indemnification. If any Indemnified Parties are required to pay any Damages subject to indemnification under this Agreement, such Indemnified Parties shall give the Hollingsworth Group written notice of said Damages. Within thirty (30) days after such • written notice, the Hollingsworth Group shall indemnify the Indemnified Parties by paying to Indemnified Parties all of such Damages incurred by the Indemnified Parties. 3. Environmental Remediation. Additionally, the Hollingsworth Group shall be responsible for any environmental remediation involving the stream on the City/County Lot and the Hollingsworth Group will obtain all necessary permits. 4. Use Granted. The City and County hereby allow Hollingsworth Group to make a path traversable by large off-road dump trucks across the City/County Lot and Hollingsworth Group is to install and remove a temporary creek crossing as part of said path. The Hollingsworth Group shall have one-hundred twenty (120) calendar days from the acceptance of this agreement by all parties to complete the dirt moving activity across the City/County Lot. Notwithstanding the foregoing, the City and County may extend the time period to complete the dirt moving activity. 5. Completion of Use and Termination of Agreement. Upon the completion of the hauling of dirt across the City/County Lot, Hollingsworth Group will repair any damage to the City/County Lot within sixty (60) days of completion of the dirt hauling activity to include reseeding and stabilizing any disturbed area to leave the City/County Lot in substantially the same condition as it existed prior to the hauling activities by Hollingsworth Group. City, County • and Hollingsworth Group will jointly inspect the City/County Lot after repairs by the Hollingsworth Group. If repairs are acceptable then all parties will execute an acceptance of repairs certificate and indemnification termination agreement. If repairs are not acceptable to the City and County, they may enforce their rights of indemnification under this Agreement or seek equitable adjudication in a court of competent jurisdiction. Notwithstanding the foregoing, the City and County may extend the time period to complete the repair activity. 6. Effect of Agreement. This Agreement contains the entire understanding of the parties and supersedes and cancels any other agreement, representation, communication, or understanding, whether oral or written, between the parties with respect to the transactions contemplated herein. 7. Assignability. The Hollingsworth Group may not assign his rights and obligations under this Agreement without the prior written consent of the City and County. 2 •  8. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns, spouses, heirs, and legal representatives. 9. Modification and Waiver. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all of the parties thereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement nor shall any waiver constitute a continuing waiver. 10. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable for any reason, such provision shall be severable; and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never been a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance herefrom. 11. Headings. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof. 12. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be delivered to the parties at the addresses listed above. Any notice under this Agreement shall be deemed to have been given (i) when delivered in person, (ii) if sent by reputable overnight courier service, one (1) day after delivery to the courier service, or (iii) if mailed, three (3) days after deposit in the U.S. mail. 13. Dispute Resolution. Anything to the contrary notwithstanding in this Agreement, any dispute arising out of this contract will be governed by the laws of the State of Tennessee and shall be decided in the Chancery Court of Putnam County, Tennessee, as the sole and exclusive venue and jurisdiction for the resolution of any said claims. The parties may voluntarily agree to a non-binding mediation in Cookeville, Putnam County, Tennessee, to resolve any dispute prior to litigation, but are not obligated to do so. Each party shall be responsible for its own fees and costs. 14. Counterparts and Delivery. This Agreement may be executed in one or more • counterparts, each of which shall for all purposes be deemed to be an original but all of which together shall constitute one and the same Agreement. Only one such counterpart signed by the party against whom enforceability is sought needs to be produced to evidence the existence of this Agreement. Any fax transmission or electronic mail with PDF copies of any signature or counterpart of a party hereto shall be deemed an original and shall bind such party. 15. Anything to the contrary notwithstanding, Hollingsworth agrees to protect the Stewart Cemetery and not disturb any graves on either side of the road. Further, Hollingsworth agrees to return the road to the City /County and general public in the same or better condition that presently exists. These obligations are part of this indemnification agreement. 3 •  • 16. In addition, Hollingsworth agrees that no damage will occur to: the culvert under the road. Should, damage occur, Hollin~sworth agrees to repair the culvert to the satisfaction of the City and County. This is also li part of the indemnification agreement. IN WITNESS WHEREOF, the parties lave executed' this. Agreement as of the day and _year- first above written. Xl, a .,,.!::'. v~ " 'J..~~~_!_!!!:.~::~~=~~~ Jo ph A. Hollingsworth, n., anaging Partner CONCEPT a • oseph A. Hollingsworth, k, President CITY OF COOKEVILLE By; ·-.-'-------------'-"----- Name: Title: --------------- .__ ___;;, _ PUTNAM COUNTY By: --~-----~-_,;._'------ 'Name: • 'TitJ -----------.-.-----~- e_: -----------"------ 4  APPENDIX 7B CITY OF CO&KEVILLE --------TENNESSEE- TO: City Council Members and City Manager James Mills FROM: Brenda Imel, Finance Directo®1 DATE: February 28, 2024 RE: Proposals - ERP Consulting The city would like to modernize the business processes that we use. While we have some software, a lot of what we do is still manual processes. We have lack of integration and lots of excel spreadsheets for records. We have no city-wide time and attendance system to track labor hours and integrate with payroll. We have limited HR ) software and no integration to payroll. We have no software for the purchasing process - paper documents are prepared and circulated. The permit software we use was written in-house and has no on-line payment for customers. We have used local government software since 1997 for General Ledger, Payroll, Accounts Payable, Property Tax, Miscellaneous Receipts. We have lots of manual entries and duplication of efforts. We have numerous cash receipt's locations and methods throughout the city that are not integrated into accounting. We have no capital asset software and prepare depreciation schedules on excel. As the city has grown and continues to grow, we are way past the time to modernize how we do business. Software systems have become very sophisticated and expensive. In our desire to successfully modernize all processes city-wide, we would like to utilize the services of an ERP consultant. They can help us document where we are, what our specific needs are and help us procure what meets those needs. The city recently requested proposals for Enterprise Resource Planning Consultant {ERP) consulting services in 3 distinct phases. Phase I requires a needs assessment of our current operations with the goal of assessing the potential for modernization, improved accuracy, security, and efficiencies city-wide. Phase II requires development assistance with the RFP and vendor selection assistance. Phase Ill is implementation/project management services. The City reserved the right to decide on continuation after every phase.  A group of 5 city employees evaluated the 3 proposals received. For the top 2 proposals, we spoke to references provided and to the firms themselves. ) We will be requesting your approval at next week's council meeting to engage SoftResources LLC as our ERP Consultant for this project. They will provide the services and deliverables for Phase I of this project. The objective of their work in Phase I is to assess the current ERP environment; prepare a requirements document and assess and prepare a needs assessment. The ERP Assessment presentation will include: Key ERP Requirements Document (150-250 Key Requirements); ERP Vendor Long List; Business Process Observations and Opportunities (Table Format); Estimated Budget for ERP Software; Estimated Timeline for the ERP Software Selection Project. SoftResources LLC has been in business since 1995 providing objective and unbiased technology consulting. They have the expertise and experience we are looking for in this project. They are based in Kirkland, Washington. We will be requesting your approval of a not to exceed amount of $58,000 for Phase I of this project. Let me know if you have any questions. ) Enterprise Resource Planning (ERP) Project • Project to modernize business processes city- wide. • Engage an ERP consultant for the project. • Phase I - Evaluation and needs assessment • Phase II - RFP process for ERP software • Phase Ill - Implementation of new software Enterprise Resource Planning (ERP) Project • Request for proposals for ERP consulting • Small committee reviewed the proposals CITY OF COOKEVILLE ERP CONSULTING Scores Avero Advisors, Maryville, TN 44.5 SoftResources LLC, Kirkland, WA 48.0 DataClimb, Chicago, IL Not evaluated • Recommend engaging SoftResources, Kirkland, WA for Phase I of the project in not to exceed amount of $58,000  Phase I - Evaluation and Needs Assessment • SoftResources will assess the current ERP environment, prepare a requirements document, and assess and prepare an ERP Needs Assessment. • Deliverables: • Discovery Workshop Schedule • Discovery Workshop Facilitation • ERP Assessment Presentation • Key ERP Requirements Document (150-250 Key Requirements) • ERP Vendor Long List • Business Process Observations and Opportunities • Estimated Budget for ERP Software • Estimated Timeline for the ERP Software Selection Project  '-' _,/ CITY OF COOKEVILLE BID TABULATION RECORD APPENDIX 7C PAVING, ASPHALT MIX, MILLING 6 MONTH CONTRACT DEPARTMENT Public Works DATE OF BID OPENING: February 22, 2024 BIDS OPENED BY: Blake Mayo OPENING WITNESSED BY: Jacob Ramsaur TIME OF BID OPENING: ------- 10:oO AM BID EFFECTIVE: 3/9/2024 - 9/9/2024 COMPLETE IN PLACE - PRICE PER TON MILLING 411 GRADING GRADING GRADING COLD MOBILIZATION 1" 1 1/2" 2" BIDDERS GRADE GRADE GRADE B-MOD E PG76 PG76 PG76 MIX AND SET UP DEPTH DEPTH DEPTH D E A pick up B-M2 D E pick up PER LS. PER SY. PERS.Y. PERS.Y. ROGERS GROUP $142.00 $115.00 $106.00 $110.00 $75.00 $125.00 $155.00 $135.00 no bid $3,800.00 $5.25 $5.25 $6.25 VULCAN MATERIALS $150.00 $140.00 $120.00 $130.00 $100.00 $140.00 $160.00 $150.00 $100.00 $7,500.00 $6.75 $7.50 $8.25 WE, THE UNDERSIGNED DO HEREBY RECOMMEND THE BID FROM ROGERS GROUP BE AWARDED FOR THE FOLLOWING REASON: LOW BID ~dkd BUDGET AVAILABILITY: FINANCE DIRECTOR l> "0 "0 m z C 1-1 )( " n --- .,__,. CITY OF COOKEVILLE BID TABULATION RECORD ROCK ..../ 6 MONTH CONTRACT DEPARTMENT Public Works DATE OF BID OPENING: February 22, 2024 BIDS OPENED BY: -e-1a...k-e...M .....- ay_o _ TIME OF BID OPENING: iu:00 AM OPENING WITNESSED BY: Jacob Ramsaur BID EFFECTIVE - 3/9/2024 - 9/9/2024 BIDDERS CRUSHER #57 2 INCH CLEAN PUG SHOT DELIVERY RUN STONE ROCK RIPRAP MIX ROCK COST ROGERS GROUP $12.00 $20.50 $20.50 $20.50 $13.00 $15.00 $4.25 VULCAN MATERIALS $16.00 $23.75 $23.75 $23.75 $16.00 $19.25 $5.75 WE, THE UNDERSIGNED DO HEREBY RECOMMEND THE BID FROM ROGERS GROUP BE AWARDED FOR THE FOLLOWING REASON: LOW BID ~~ ~~CTOR BUDGET AVAILABILITY: FINANCE DIRECTOR AGER  (_ CITY OF COO~VILLE _,, ENERBY DEPARTMENT BID TABULATION SCHEDULE APPENDIX 7D BID NOTICE # State of Tennessee Contract #209 2023 Yr. Model Pickup Truck 2023 Yr. Model Pickup Truck BIDDERS :Iectric Division Gas Division QTY 2 I 1 Lonnie Cobb Ford I State of Tennessee $42, 115.00/ea. $42, 115.00/ea. Contract #209 WE, THE UNDERSIGNED DO HEREBY RECOMMEND THE BID FROM Lonnie Cobb Ford _{State of Tennessee_ Contract #209) _____________________,_ BE AWARDED FOR THE FOLLOWING REASON: best evaluated bid. _ ,,,, J:, m z ~NDttPT~ C t-1 >< .... C  APPENDIX 7E CITY OF CITY OF COOKEVILLE COOKEVILLE T E N N E S S E E TENNESSEE FIRE DEPARTMENT . \{E vi~• CITY OF . o0...Jc'~<· CITY OF • c.,. ,,'f ~ :t_ -~ • COOKEVILLE . POLICE . COOKEVILLE TENNESSEE • > . ~ • T E N N E S S E E • ~ '. <e,'v • ENERGY DEPARTMENT . . . • 'l,I\IESCZ, • POLICE DEPARTMENT ~ -a -a m z C 1-1 >< "'m