Regular City Council Meeting

1  2 RECESSED CITY COUNCIL MEETING MUNICIPAL MINUTES CITY OF TUPELO STATE OF MISSISSIPPI JANUARY 23, 2024 Be it remembered that a recessed meeting of the Tupelo City Council was held in the Church Street School auditorium on Tuesday, January 23, 2024, at 6:00 p.m. with the following in attendance: Council Members Chad Mims, Lynn Bryan, Travis Beard, Nettie Davis, Buddy Palmer, Janet Gaston and Rosie Jones; Ben Logan, City Attorney, and Missy Shelton, Clerk of the Council. Council Member Jones led the invocation. Council Member Chad Mims led the pledge of allegiance. CONFIRMATION OR AMENDMENT TO THE AGENDA AND AGENDA ORDER Council Member Davis moved, seconded by Council Member Palmer, to approve the agenda and agenda order, with the following addition: ADD #31 In the Matter of Order Ratifying Proclamation of and Ending of a Local Emergency and Declaration of Disaster in the City of Tupelo. The vote was unanimous in favor. PUBLIC RECOGNITION Council Member Jones thanked the City of Tupelo, Tupelo Water and Light and Public Works for answering all her calls and for all their work during the winter weather. Council Member Palmer thanked everyone who helped during the icy conditions. Council Member Davis thanked the City of Tupelo for all their work concerning the bad weather. She specifically thanked the Tupelo Fire Department for all their work when the St. Paul Methodist Church burned and for saving the other buildings. Council Member Beard thanked Public Works, Tupelo Water & Light, Fire Department, Police Department and the Development Services Department for all they did. He also thanked Stephen Reed for his work on the code issues in Lee Acres, which was greatly appreciated by the neighborhood. He thanked the Tupelo Public School District for their cooperation in hosting the City's meetings while the Council Chambers is under renovation. MAYOR'S REMARKS Mayor Todd Jordan thanked everyone who worked so hard during the winter conditions. He read an email received from Captain Michael Bowens of the Tupelo Police Department sent to Fire Chief Brad Robinson. The email is included in these minutes as APPENDIX A.  3 IN THE MATTER OF MINUTES OF JANUARY 2, 2024 MEETING Council Member Bryan moved, seconded by Council Member Gaston, to approve the minutes of the January 2, 2024, regular Council meeting. The vote was unanimous in favor. IN THE MATTER OF BILL PAY Bills were reviewed at 4:30 p.m. by Council Members Travis Beard, Buddy Palmer, Nettie Davis and Chad Mims. Council Member Palmer moved, seconded by Council Member Jones, to approve the payment of the checks, bills, claims and utility adjustments. The vote was unanimous in favor. APPENDIX B IN THE MATTER OF ADVERTISING AND PROMOTIONAL ITEMS Council Member Davis moved, seconded by Council Member Jones, to approve the advertising and promotional items, as submitted: Committee for King $2,000 (MLK Event Ad) The vote was unanimous in favor. APPENDIX C IN THE MATTER OF BUDGET AMENDMENT #4 FOR FY 2024 Council Member Gaston moved, seconded by Council Member Palmer, to approve budget amendment #4 for the 2023-2024 budget. The vote was unanimous in favor. APPENDIX D IN THE MATTER OF ACCEPTING DEPOSITORY RFP AND APPROVING RESOLUTION ACKNOWLEDGING SELECTION BY MISSISSIPPI STATE TREASURER OF CADENCE BANK FOR MUNICIPAL DEPOSITORY FOR THE CITY OF TUPELO’S DEMAND DEPOSITS AND SPREADING SAME UPON THE MINUTES At this time, Council Member Janet Gaston recused herself from the meeting. The City opted to utilize statutory provisions requesting the State Treasurer to select the municipal depository from February 1, 2024 until January 31, 2026. After reviewing all bid documents received by the City, the State Treasurer selected Cadence Bank to be the depository for the City of Tupelo for the two-year period of February 1, 2022 until February 1, 2024. Council Member Davis moved, seconded by Council Member Bryan, to approve the Resolution Acknowledging Selection by Mississippi State Treasurer of Cadence Bank as Municipal Depository for the City of Tupelo. APPENDIX E The vote was, as follows: Council Member Mims AYE Council Member Bryan AYE Council Member Beard AYE Council Member Davis AYE Council Member Palmer AYE Council Member Gaston RECUSED  4 Council Member Jones AYE APPENDIX E IN THE MATTER OF RESOLUTION AUTHORIZING MAYOR AND CHIEF FINANCIAL OFFICER TO ENTER A DEPOSITORY AGREEMENT WITH CADENCE BANK FOR DEMAND DEPOSITS AND DEPOSITORY AGREEMENTS WITH ALL QUALIFIED DEPOSITORIES FOR FUTURE INVESTMENT OPPORTUNITIES SUBJECT TO RATIFICATION IN FINAL FORM Council Member Bryan moved, seconded by Council Member Mims, to approve a Resolution Authorizing Mayor and Chief Financial Officer to Enter a Depository Agreement with Cadence Bank for Demand Deposits and Depository Agreements with All Qualified Depositories for Future Investment Opportunities Subject to Ratification in Final Form. APPENDIX F The vote was, as follows: Council Member Mims AYE Council Member Bryan AYE Council member Beard AYE Council Member Davis AYE Council Member Palmer AYE Council Member Gaston RECUSED Council Member Jones AYE APPENDIX F IN THE MATTER OF LIEN RESOLUTION FOR UNPAID DEMOLITION OF PROPERTY LOCATED AT 2111 PRESIDENT STREET Council Member Gaston rejoined the meeting. Council Member Palmer moved, seconded by Council Member Gaston, to approve Resolutions Assessing Judgment Liens Against Real Property for the Costs Associated with Demolition in Accordance with Miss. Code Annotated § 21-19-11, for the following properties: Parcel Location 101M-12-093-00 2111 President Street The vote was unanimous in favor. APPENDIX G IN THE MATTER OF DEVELOPMENT CODE AMENDMENT – MULTIFAMILY (TABLED AT NOVEMBER 7, 2023 MEETING) This item was left on the table. IN THE MATTER OF DEVELOPMENT CODE AMENDMENT – SIGNS (TABLED AT NOVEMBER 7, 2023 MEETING) This item was left on the table.  5 IN THE MATTER OF APPROVAL OF SUMMARY CHANGE ORDER FOR EASON BLVD IMPROVEMENTS (JOB 2022-015 MT) Council Member Bryan moved, seconded by Council Member Palmer, to approve change order # 2 for Bid # 2023-015MT - Eason Boulevard Improvements (Veterans to Briar Ridge). The change order decreases the cost by $8,256.04 for a total of $4,123,092.59. The vote was unanimous in favor. APPENDIX H IN THE MATTER OF APPROVAL OF MAJOR THOROUGHFARE COMMITTEE MEETING MINUTES DECEMBER 11, 2023 Council Member Davis moved, seconded by Council Member Gaston, to accept the minutes of the Major Thoroughfare Committee held on December 11, 2023. The vote was unanimous in favor. APPENDIX I IN THE MATTER OF UNMARKED VEHICLES RESOLUTION Police Chief John Quaka submitted a resolution with a current list of vehicles that the Tupelo Police Department maintain as unmarked. Council Member Gaston moved, seconded by Council Member Bryan to find that identifying marks would hinder official criminal investigations by the police.and to approve the resolution. The vote was unanimous in favor. A certified copy of this resolution and minutes shall be furnished to the State Department of Audit. APPENDIX J IN THE MATTER OF UPDATE TO THE NARCAN MEMORANDUM OF UNDERSTANDING Council Member Gaston moved, seconded by Council Member Bryan, to approve an update to the Memorandum of Understanding between the Mississippi Department of Mental Health Bureau of Addictive Services and Tupelo Police Department concerning the delivery, training, distribution, storage, deployment and reporting of NARCAN. This MOU will allow the Tupelo Police Department to receive 105 dosage units of NARCAN at no cost to the City. The vote was unanimous in favor. APPENDIX K IN THE MATTER OF MEMORANDUM OF UNDERSTANDING WITH NON-TRANSPORT EMERGENCY MEDICAL SERVICES, BUREAU OF MISSISSIPPI CENTER OF EMERGENCY SERVICES, UNIVERSITY OF MISSISSIPPI MEDICAL CENTER AND TUPELO FIRE DEPARTMENT Council Member Davis moved, seconded by Council Member Palmer, to approve a Memorandum of Understanding with Non-Transport Emergency Medical Services, Bureau of Mississippi Center of Emergency Services, University of Mississippi Medical Center and Tupelo Fire Department. The vote was unanimous in favor. APPENDIX L IN THE MATTER OF CHANGE ORDER FOR ENDVILLE ROAD BID #2023-022PW Council Member Bryan moved, seconded by Council Member Gaston, to take this item off the table. The vote was unanimous in favor.  6 Council Member Mims moved, seconded by Council Member Davis, to approve change order # 1 for Bid # 2022-022PW - Endville Road. The change order is within the scope of the project and commercially reasonable. The change order increases the cost by $98,620.25 for a total of $1,301,109.45. The change allows sub-grade repairs due to extended dry weather. The vote was unanimous in favor. APPENDIX M IN THE MATTER OF APPROVAL FOR CHANGE ORDER F-3 AND FINAL CLOSEOUT DOCUMENTATION FOR VAN BUREN DRAINAGE IMPROVEMENTS PROJECT ARPA BID #2023-032PW Council Member Gaston moved, seconded by Council Member Palmer, to approve change order # 3 for ARPA Bid # 2023-032PW - Van Buren Drainage Improvements. The change order is within the scope of the project, commercially reasonable and does not affect the cost of the contract, only quantities used. The vote was unanimous in favor. APPENDIX N IN THE MATTER OF APPROVAL FOR CHANGE ORDER F-2 AND FINAL CLOSEOUT DOCUMENTATION FOR CITY PARK DRAINAGE IMPROVEMENTS PROJECT ARPA BID # 2023-028PW Council Member Gaston moved, seconded by Council Member Palmer, to approve change order # 2 ARPA Bid # 2023-028PW - City Park Drainage Improvements. The change order is within the scope of the project for damages to underground utilities, commercially reasonable and does not affect the cost of the contract, only quantities used. The vote was unanimous in favor. APPENDIX O IN THE MATTER OF ACCEPTANCE OF DONATION FROM TUPELO SPORTS COUNCIL FOR EASTWOOD SOFTBALL COMPLEX AND BASEBALL COMPLEX Council Member Palmer moved, seconded by Council Member Gaston, to accept the donation of $82,000.00 from the Tupelo Sports Council. Of the donation, $25,000 will be used for the improvements of Eastwood Softball Complex and $57,000 will be used for the improvements of the Baseball Complex. The vote was unanimous in favor. APPENDIX P IN THE MATTER OF CHANGE ORDER #2 FOR BID # 2023-017PR - PICKLEBALL COURTS AT DOT COOPER KELLY Council Member Gaston moved, seconded by Council Member Mims, to approve change order # 2 for Bid # 2023-017PR - Pickleball Complex at Dot Cooper Kelly. The change order increases the contract price by $3,468.95 for a total contract price of $1,293,087.37. The vote was unanimous in favor. APPENDIX Q IN THE MATTER OF BID FOR BALLARD PARK PARK SITE IMPROVEMENTS, PHASE 1 BID #2023-061PR The City advertised and received bids for Bid # 2023-061PR - Ballard Park Site Improvements. Three bids were received with the lowest and best bid being from James A. Hodges Construction, Inc. with a base bid of $866,020.62.00, and an Alternate #1 bid of $58,462.00. The total bid amount is $944,482.62, which is less than the construction estimate for this project. Council Member Davis moved, seconded by  7 Council Member Gaston, to award the bid to James A. Hodges Construction Company, Inc. The vote was unanimous in favor. APPENDIX R IN THE MATTER OF APPROVAL OF CONTRACT FOR BALLARD PARK SITE IMPROVEMENTS, PHASE 1 BID #2023-061PR Council Member Palmer moved, seconded by Council Member Gaston, to approve a contract with James A. Hodges Construction, Inc. for Bid # 2023-061PR - Ballard Park Site Improvements and to authorize the Mayor to sign the necessary documents. The vote was unanimous in favor. APPENDIX S IN THE MATTER OF APPROVAL OF MDOT MATCHING GRANT AIP 3-28-054-2023 Council Member Davis moved, seconded by Council Member Bryan, to approve the Mississippi Transportation Commission Airport Federal Matching Grant Agreement Project No. AIP-3-28-0070- 054-2023 Tupelo Regional Airport'. The vote was unanimous in favor. APPENDIX T IN THE MATTER OF APPROVAL OF CADENCE BANK ARENA MINUTES OF NOVEMBER 20, 2023 Council Member Palmer moved, seconded by Council Member Jones, to accept the minutes of the Cadence Bank Arena minutes of November 20, 2023. The vote was unanimous in favor. APPENDIX U IN THE MATTER OF CVB BOARD MINUTES OF JANUARY 10, 2023 Council Member Davis moved, seconded by Council Member Jones, to accept the minutes of the Convention and Business Bureau meeting of January 10, 2023. The vote was unanimous in favor. APPENDIX V IN THE MATTER OF APPROVAL OF CHANGE ORDER # 2 & FINAL SUMMARY FOR THE HWY 45 SEWER OUTFALL PROJECT (BID NO 2023-019WL) ARPA Council Member Gaston moved, seconded by Council Member Jones, to approve change order # 2 for ARPA Bid # 2023-019WL - Hwy 45 Sewer Outfall Project. The change order is within the scope of the project, commercially reasonable and decreases the contract price by $102,576.37 for a total contract price of $1,344,360.63. The decrease was due to less quantity of materials needed. The vote was unanimous in favor. APPENDIX W IN THE MATTER OF APPROVAL OF CONTRACT WITH MAX FOOTE CONSTRUCTION COMPANY, LLC FOR BID # 2023-040WL - CENTRAL PUMPING STATION MODIFICATIONS Council Member Palmer moved, seconded by Council Member Gaston, to approve a contract with Max Foote Construction Company, LLC for the Central Pumping Station Modifications - Bid # 2023-040WL in the amount of $12,347,000.00 and to authorize the Mayor to sign the necessary documents. The change order was within the scope of the project, commercially reasonable and did not affect the competitive nature of the original award. The change employed a less expensive and safer method for constructing the wet well and resulted in a savings of approximately $500,000. The vote was unanimous in favor. APPENDIX X 8 9  10 Fw: Thank you Missy Shelton <Missy.Shelton@tupeloms.gov> Mon 1/22/2024 1:15 PM To:​City Council <CITYCOUNCIL@tupeloms.gov>​ Cc:​Don Lewis <Don.Lewis@tupeloms.gov>​ Please read below................. From: Don Lewis <Don.Lewis@tupeloms.gov> Sent: Monday, January 22, 2024 1:01 PM To: Brad Robinson <Brad.Robinson@tupeloms.gov>; Todd Jordan <Todd.Jordan@tupeloms.gov>; City Council <CITYCOUNCIL@tupeloms.gov> Subject: RE: Thank you Thanks for sharing! I plan to forward this to the city council. Great Job! From: Brad Robinson <Brad.Robinson@tupeloms.gov> Sent: Friday, January 19, 2024 11:20 AM To: Don Lewis <Don.Lewis@tupeloms.gov>; Todd Jordan <Todd.Jordan@tupeloms.gov> Subject: FW: Thank you I’m pleased to send this email I received on Wednesday, that is describing just some of the amazing efforts that have been noticed and wanted to recognize these personnel involved in these incidents that started this Winter Weather Events. I was asked by Tupelo Police Department, Captain Bowens, to send this to you guys to recognize these crews. These are the type of emails that I love to forward! There have been many incidents of our Tupelo Team working like these crews have done within all departments that are out working in this Winter Weather Event to keep the City of Tupelo and the citizens safe. See the email below. Thanks for all you do- Brad Robinson Fire Chief Tupelo Fire Department (662)419-3999 Fire Station 1 (662)841-6439 brad.robinson@tupeloms.gov From: Michael Bowens <Michael.Bowens@tupeloms.gov> Sent: Wednesday, January 17, 2024 7:12 PM To: Brad Robinson <Brad.Robinson@tupeloms.gov> Cc: John Quaka <John.Quaka@tupeloms.gov> Subject: Thank you I'd like to recommend that a letter of commendation be placed in personnel file of the firemen for Engine# 2, truck#1, and reserve#2. These men went above and beyond the call for service as we had multiple accidents that involved multiple vehicles on Interstate 22 Sunday evening as rain, ice and cold weather entered into the area. These men fearlessly responded to these multiple accidents with unwavering dedication and professionalism all this despite the hazardous road conditions. Their promptness in accessing the situations, handling traffic control, and providing necessary assistance in wet and icy road conditions along with below freezing temperatures should be commendable. It was truly inspiring to see the men of the Tupelo Fire Department working long side the Tupelo Police Department display such resilience and selflessness when faced with potentially dangerous situations. It was APPENDIX A  11 evident that these men's' actions were not simply going above and beyond the call of duty but showed a genuine concern for the well-being of others. Their dedication to providing assistance to those in need during the bad weather conditions is a testament to their commitment to public service. I feel it is essential to acknowledge and recognize the outstanding efforts of our fire department while upholding high professional standards. The selflessness and dedication exhibited by these officers are a reflection of its department and its leadership. Sincerely, Tupelo Police Dept. Capt. Michael D. Bowens Capt. Michael Bowens 400 N. Front St. Tupelo, MS 38804 Adam Shift Commander/Crisis Negotiator Cell: 662-687-1891 Phone: 662-841-6491 Fax: 662-841-6555 APPENDIX A  12 CHECK INFORMATION FOR COUNCIL MEETING FEBRUARY 16, 2024 FUND CHECK NUMBERS POOL CASH ID-423780-423781;423782-424082 EFT 50002672-50002699 TWL ADJUSTMENTS ELECTRONIC TRANSFERS AS SHOWN ON THE FACE OF DOCKET INVOICES AS SHOWN ON FACE OF DOCKET APPENDIX B APPROVED 1-23-2024 13 Item # 4. AGENDA REQUEST TO: Mayor and City Council FROM: Kim Hanna, CFO DATE January 16, 2024 SUBJECT: IN THE MATTER OF ADVERTISING AND PROMOTIONAL ITEMS KH Request: Proposed item for approval is for the purpose of advertising and bringing into favorable notice the opportunities, possibilities and resources of the City of Tupelo. ITEMS: Committee for King $2,000 (MLK Event Ad) - 12 - APPENDIX C  14 APPENDIX D  15 APPENDIX D  16 APPENDIX D  17 APPENDIX E  18 APPENDIX E  19 APPENDIX E  20 APPENDIX E  21 APPENDIX E  22 APPENDIX E  23 APPENDIX E  24 APPENDIX E  25 APPENDIX E  26 APPENDIX E  27 APPENDIX F  28 APPENDIX F  29 APPENDIX F  30 APPENDIX F  31 APPENDIX F  32 APPENDIX F  33 APPENDIX F  34 APPENDIX G  35 APPENDIX G  36 APPENDIX H  37 APPENDIX I  38 APPENDIX I  39 APPENDIX I  40 APPENDIX J  41 APPENDIX J  42 APPENDIX J  43 APPENDIX K  44 02.16.24 APPENDIX K  45 APPENDIX L  46 APPENDIX L  47 APPENDIX L  48 01/30/2024 APPENDIX M  49 APPENDIX N  50 APPENDIX O  51 AGENDA REQUEST TO: Mayor and City Council FROM: Alex Farned, Director of Parks and Recreation DATE January 8, 2024 SUBJECT: IN THE MATTER OF ACCEPTANCE OF DONATION FROM TUPELO SPORTS COUNCIL FOR EASTWOOD SOFTBALL COMPLEX AND BASEBALL COMPLEX AF Request: The Tupelo Sports Council would like to donate $25,000 for the improvements of Eastwood Softball Complex and $57,000 for the improvements of the Baseball Complex for a total of $82,000. APPENDIX P  52 APPENDIX Q  53 AGENDA REQUEST TO: Mayor and City Council FROM: Neal McCoy, Project Manager DATE January 9, 2024 SUBJECT: IN THE MATTER OF BID FOR BALLARD PARK PARK SITE IMPROVEMENTS, PHASE 1 BID #2023-061PR NM Request: Please review and approve the lowest and best bid from James A. Hodges Construction, Inc for the Ballard Park Site Improvements, Phase 1 Bid of $886,020.62 and an Alternate #1 bid of $58,462.00 for a total of $944.482.62. Attached to this request are the following;  Letter of Recommendation from Sloan Landscape Architecture  Copy of Bid  Bid Tab Sheet APPENDIX R  54 APPENDIX R  55 APPENDIX R  56 APPENDIX R  57 APPENDIX R  58 APPENDIX R  59 APPENDIX R  60 APPENDIX R  61 APPENDIX R  62 APPENDIX R  63 APPENDIX R  64 APPENDIX R  65 APPENDIX R  66 APPENDIX R  67 APPENDIX R  68 APPENDIX R  69 APPENDIX S  70 APPENDIX S  71 APPENDIX S  72 APPENDIX S  73 APPENDIX S  74 APPENDIX S  75 APPENDIX S  76 APPENDIX S  77 APPENDIX S  78 APPENDIX S  79 APPENDIX S  80 APPENDIX S  81 APPENDIX S  82 APPENDIX S  83 APPENDIX S APPENDIX T APPENDIX T APPENDIX T APPENDIX T APPENDIX T  89 APPENDIX U  90 APPENDIX U  91 ii) 411 t ) tupelo' Tupelo Convention & Visitors Bureau Board Meeting Wednesday, January 10, 2024 The Tupelo Convention & Visitors Bureau met Wednesday. January 10, 2024 at 2:00 p.m. in the Tupelo CVB boardroom. Board members present were Stephanie Coomer, Stephanie Browning, Emily Elliott, Leslie Nabors, and Dimple Patel. Tupelo CVB staff members present were Jan Pannell, Jennie Bradford Curlee, and Elizabeth Russell. Stephanie Coomer called the meeting to order at 2:02 p.m. Dimple Patel moved for approval of the agenda. Stephanie Browning seconded the motion. All voting aye, the motion carried. Leslie Nabors moved that the minutes from November 7, 2023 be approved as presented. Stephanie Browning seconded the motion. All voting aye, the motion carried. Stephanie Coomer presented the financial report. Jan Pannell, Jennie Bradford Curlee, and Elizabeth Russell presented staff reports. The meeting adjourned at 2:32 p.m. Submitted by: Emily Elliott, Secretary a/2_ Steph nie Coomer, Chairman APPENDIX V  92 APPENDIX W  93 APPENDIX X  94 APPENDIX X  95 APPENDIX X  96 APPENDIX X DocuSign Envelope ID: 6ABB1749-11AC-4B42-8B01-7868BC4ED0D7 97 2024 MEMORANDUM OF AGREEMENT FOR CONTINUATION AS A MISSISSIPPI MAIN STREET ASSOCIATION DESIGNATED COMMUNITY THIS AGREEMENT is entered into and executed by the Mississippi Main Street Association (“MMSA”) and Downtown Tupelo Main Street Association, hereinafter referred to as the “local program.” THIS AGREEMENT is for the purpose of implementing the local Main Street program through continued participation as a Mississippi Main Street Designated Community. In consideration of the executed agreement, the parties agree to the following terms and conditions: SECTION I. MMSA AGREES TO: 1. Designate the MMSA Director of Community Development to be the point of contact for the local program director. The team member will be available to answer questions and provide advice and information via email or telephone. The team member will review and approve quarterly reports, participate in the selection of new local directors, and respond to other program requests as mutually agreed upon. 2. Provide at least one annual Main Street 101 training opportunity available to all local program directors, board members, committee members, and government representatives from the Main Street communities. MMSA will provide all materials related to training. 3. Provide access to online training in the Main Street Approach™. 4. Conduct quarterly trainings, workshops, meetings, and/or conferences to further develop and enhance the skills of local directors and board members. 5. Host an annual Main Street Directors’ Retreat, which is required to be attended by the local program director (or other representative). 6. Provide an annual calendar with the dates and locations of MMSA-approved trainings, Page 1 APPENDIX Y DocuSign Envelope ID: 6ABB1749-11AC-4B42-8B01-7868BC4ED0D7 98 workshops, meetings, retreats, and conferences, if possible, at the beginning of the calendar year. 7. Provide one on-site work session, as requested by the local program director, for the development of a vision, goals, and objectives, as part of the program’s annual work plan. 8. Provide one annual on-site visit for community services as requested by the local program director. A community assistance form must be filled out and sent to the Director of Community Development, at which point a meeting will be scheduled for a mutually agreed upon time. Additional requests for community visits may be subject to a nominal fee to cover administrative and travel expenses. 9. Provide annual grant opportunities for community development services. Community development services may include, but are not limited to design and planning services, local market analysis, communication and marketing consultation, retail and small business training, festival and event development, volunteer training, budget development, economic development assistance, and business recruitment, retention, and expansion assistance. 10. Provide The Point for Mississippi, an online community forum in partnership with the National Main Street Center, as a resource for local programs. MMSA staff, along with National Main Street Center staff, will monitor and provide technical assistance to members on The Point. 11. Facilitate and promote ongoing marketing of MMSA and its individual local programs. 12. Provide and grant each Designated Community use of the official MMSA Designated Community logo and other promotional materials with MMSA branding. 13. Provide all local programs with regular updates on industry news, grant opportunities, and information from our partner organizations. 14. Provide legislative education and advocacy for Main Street at the state and national level. 15. Collect economic development data from local programs and publish statewide economic development statistics in an annual report to members and investors. 16. Provide an Annual Awards application where the local program may submit nominations and be judged by an impartial jury of professionals with the opportunity of winning and being recognized at the Annual Awards Luncheon in June. 17. Conduct bi-annual on-site program assessments to evaluate the local program’s progress and assist with the local program’s state compliance and accreditation as outlined by Main Street America. Page 2 APPENDIX Y DocuSign Envelope ID: 6ABB1749-11AC-4B42-8B01-7868BC4ED0D7 99 SECTION II. THE LOCAL PROGRAM AGREES TO: 1. Be in good standing with MMSA, having fully paid all dues and fees, submitted all reports and information (including both semi-annual online reports), and participated in the required number of trainings for the previous calendar year. 2. Pay all MMSA Designated Community annual dues and fees in a timely manner. 3. Maintain the focus of the local program within the boundaries of the Main Street district as designated in the local program’s application for membership, or subsequent amendments. 4. Maintain broad-based community support for the local program by the public and private sectors through financial contributions and in-kind or volunteer support. 5. Promote and encourage a historic preservation ethic for the local program, including advocacy for good design, encouragement of building rehabilitation and adaptive reuse, promotion of financial incentives, and advancement of planning policies appropriate for preservation. 6. Implement the Main Street Approach™ recommended by MMSA and the National Main Street Center, including the development of an annual work plan for the local program that includes projects centered around the community’s transformation strategies. 7. Maintain a strong, broad-based organizational system that includes an active board of directors that holds monthly or bi-monthly meetings throughout the year and committees or task teams with designated board members as chairpersons. 8. Employ a full-time equivalent local program director (or part-time director working 20+ hours if the community is under 5,000 in population) implementing the Main Street program in the community. The local program director shall serve as the primary point of contact for all MMSA-related matters. In the event the local program director position becomes vacant, the local program shall notify MMSA within thirty (30) days and the position shall be filled within four (4) months of the vacancy. In addition, during any vacancy, the local program shall provide MMSA with an interim primary point of contact (e.g., board president) for all MMSA-related matters. 9. Maintain a separate Main Street budget with adequate funding for daily office operations and travel commitments for the local director to attend trainings, workshops, meetings, retreats, and conferences as required by this agreement. 10. Provide information for monitoring the progress of the local program, submit (2) semi- annual reports using the online report generator provided by MMSA, and provide any and all other information requested by MMSA on or before the identified deadlines. Semi- Page 3 APPENDIX Y DocuSign Envelope ID: 6ABB1749-11AC-4B42-8B01-7868BC4ED0D7 100 annual reports shall be submitted by the 15th day of July and January. 11. Send the local program director (or other representative) to the annual Directors’ Retreat. 12. In addition to the Directors’ Retreat, the local program director shall earn four training points for attending MMSA-approved training events per year. The community shall be responsible for the director's travel costs and expenses associated with these meetings. A list of required and approved trainings is attached to this agreement as Exhibit A. 13. Fill out the MMSA community assistance form when requesting a community service. The Director of Community Development will take into consideration: if the local program is in good standing with MMSA, if requested funds are available, whether a match from the local program is available, and previous requests from the local program. 14. Include the MMSA Designated Community logo on all print, web-based, and electronic marketing materials according to the brand guidelines established and provided by MMSA. 15. Be an Accredited or Affiliate Member in good standing with the National Main Street Center. 16. Be an active participant in The Point, an online community forum, in partnership with the National Main Street Center. Every Designated Program should have at least one active member account on The Point. 17. Provide the MMSA Director of Communication and Marketing with your annual event calendar as well as news of your local program’s projects and accomplishments so that MMSA may promote them. 18. Include MMSA staff in the hiring and selection process of new local program directors. 19. File all applicable IRS forms in accordance with state and federal tax laws. Local programs may be required to register as a Mississippi charitable organization with the Mississippi Secretary of State’s office. 20. Complete the annual Director’s Survey (online) sent via email no later than Nov. 3, 2023. 21. Submit the following to MMSA by the January 31, 2024, deadline: • Payment of 2024 MMSA dues. The invoice was mailed to the local program director on record in October 2023. The local program director is responsible for ensuring that the invoice is paid by January 31, 2024. • A complete list of local board members and officers, including names and email addresses. Page 4 APPENDIX Y DocuSign Envelope ID: 6ABB1749-11AC-4B42-8B01-7868BC4ED0D7 101 SECTION III. MMSA AND THE LOCAL PROGRAM JOINTLY AGREE THAT: 1. This agreement may be modified only by written amendment executed by all parties and approved by the MMSA Executive Director. 2. The term of this agreement shall be for one calendar year, beginning on January 1, 2024, and expiring on December 31, 2024. This agreement shall not be binding upon the parties until it contains all signatures and is approved by the MMSA Executive Director. 3. Either party may terminate this agreement without penalty by giving written notice to the other party at least sixty (60) days before the effective date of such termination. 4. This agreement shall be interpreted under the laws of the State of Mississippi. Any litigation under this agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Mississippi. 5. Both parties shall jointly indemnify and hold each other and their respective employees, officers, directors, and assigns harmless from and against all activities, losses, costs, liabilities, claims, damages, and expenses of every kind and character. 6. If any provision of this agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. Any and all remaining provisions of this agreement shall remain in full force and effect. 7. The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or of the provision itself. 8. Except as expressly set forth herein, the services to be provided under this agreement are furnished as is, where is, with all faults and without warranty of any kind, express or implied, including any warranty of merchantability or fitness for any particular purpose. 9. If a local program fails to comply with the provisions of this Memorandum of Agreement (MOA) by April 30, 2024, MMSA may choose to send the local program a written initial notice that summarizes the non-compliance issues and provides guidance on how to resolve them. At that point, the local program shall be placed on probationary status and shall be ineligible for any services or grant funds from MMSA until the local program is compliant. MMSA will re-evaluate the local program 90 days following the initial notice. If the local program has failed to correct the issues listed in the first notice, MMSA will issue a final notice. If the local program fails to comply with the provisions of this MOA within 90 days of the final notice, the local program will be de-certified with an official letter from MMSA. At that point, the community will have to start a new application process if they wish to rejoin the association. Page 5 APPENDIX Y DocuSign Envelope ID: 6ABB1749-11AC-4B42-8B01-7868BC4ED0D7 102 IN WITNESS WHEREOF, the following parties have executed this agreement: 1/23/2024 By: _________________________________________________________________________________________ ______________________________________ Lucia Randle Date Main Street Director 1/29/2024 _________________________________________________________________________________________ ______________________________________ Todd Jordan Date Local Board President or Chief Elected Official 1/29/2024 _________________________________________________________________________________________ ______________________________________ Marlo Dorsey, Board President Date Mississippi Main Street Association Page 6 APPENDIX Y  103 APPENDIX Z  104 APPENDIX Z  105 APPENDIX Z  106 APPENDIX Z  107 APPENDIX AA  108 APPENDIX AA  109 APPENDIX AA