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Home My WebLink About06-09-15 Agenda PacketROLL CALL CITY COMMISSION MEETING AGENDA FOR JUNE 9, 2015 5:30 P.M. CITY HALL COMMISSION CHAl1IBERS 300 SOUTH FIFTH STREET INVOCATION --Michael Jenkins, Youtlt Leader at Relevant Church PLEDGE OF ALLEGIANCE ADDITIONSIDELETIONS PRESENTATION: Young Professionals Committee --Brandi Harless L MINUTES II. MOTION A. R & F Documents III. INfUNICIPAL ORDER A. Personnel Actions B. Authorize ;Mayor to Execute a Deed Consideration Certificate to Put -chase Property at 960 Krebs Stalion Road for Paducah Water — JASON PETERSON IV. ORDINANCES —INTRODUCTION A. Approve Annual Maintenance Contract for Radio Equipment with Motorola — B. STRINGER B. Adoption of FY2016 Budget — J. PERKINS I C. Accept Bid to Purchase Self -Contained Breathing Apparatus Units for the Fire Dept. — FIRE CFIIEF I{YLLF D. Annexation of Property located at 2855 Lone Oak Road and 81& 91 Plantation Drive - S. ERVIN E. Zone Change for Property located at 2855 Lone Oak Road and S 1 & 91 Plantation Drive — S. ERVIN F. Authorize an Agreement with HDP, Fno-Ineering, hie., for Engineering Services Required to Develop and 1(l.anage a Request for Proposals to Obtain a New Contract for a Solid Waste Transfer Station and Related Solid Waste Services — R. i•-IURPN,IY V. CITY MANAGER REPORT VI. MAYOR & COMMISSIONER COVLVIENIS VII. PUBLIC COMMENTS VIII. EXECUTIVE SESSION June 9, 2015 I move that the following documents and bids be received and filed: DOCU'NIENTS Certificates of Liability Insurance a. D & D Construction of Paducah b. til P Lawson Construction, LLC c. B H Green & Sons, Inc. d. Municipal Equipment, Inc. e. Murtco, Inc. f. Leigh & Associates Contracts `Agreements: a. Ammendment No. 1 to Design Agreement Between T1e Department of the Army and the City of Paducah for design for the Ohio River Shorelilp, (ORD # 2015-03-8227) b. Agreement with Jim Smith Contracting Company, LLC for the Olivet Church Road Improvement Project (ORD # 2015-05-8239) c. Agreement with Harper Construction, LLC for the EPS H 15-2016 Concrete Program (ORD # 2035-05-8235) d. Agreement with McBride Mack for the purchase of one froat loader refuse truck for the Engineering Public Works Department (ORD # 2015-05-8240) c. Agreement with N/ICBrlde Mack for the purchase of one side ami refuse truck for the Engineering Public Works Department (ORD # 2015-05-8241) C. Grant Agreement for the 2015-2016 Kentucky Pride Fund Household Hazardous Waste Grant (ORD # 2015-06-8251) Kentucky Community Development Block Grant Project Completion Deport for the Jackson House Elevator Rehabilitation Project 4. City of Paducah Police Department 2014 Annual Report City of Paducah Finance Department Financial Report for perk ending March 3l, 2015 Paducah McCracken County Riverport Authority Budget Asstimptions for 2015-2016 Fiscal Year Paducah Water Works Financial Highlights for April 2015 BIDS FOR PADUCAH FIRE DEPARTMENT Self -Contained Breathing Apparatus Equipment 1. Bluegrass Uniforms 2. Orr Safety x K Denotes Accepted Bid CITY OF PADUCAH June 9, 2015 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. Canagerrs Signature Da CITY OF PADUCAH PERSONNEL ACTIONS June 9, 2015 NEW HIRE - FULL-TIME [FIT) POSITION RATE NCSICS FLSA EFFECTIVE DATE POLICE - SUPPORT SVCS Zidar, Michael S Crime Analyst $23.08/Hr NCS Ex June 11, 2015 PARKS SRVCS - MAINTENANCE Blackford, Thomas G Parks Maintenance - Laborer $13.01/Hr NCS Non -Ex June 11, 2015 NEW HIRES - PART-TIME (PITIiTEMPORARYISEASONAL PAYROLL ADJ€1STMENTSITRANSFERSIPROMOTIONSITEMPORARYASSIGNMENTS POSITION BATE NCS/CS FLSA EFFECTIVE DATE PARKS SERVICES AND BASE RATE OF PAY AND BASE RATE OFPAY Hatton, Baron Recreation Leader $8.00/Hr NCS Non -Ex June 1, 2015 Little, Anthony Sports Official $15.00IGame NCS Non -Ex June 8, 2015 POSITION RATE NCSICS FLSA EFFECTIVE DATE PARKS SRVCS - MAINTENANCE Pool Attendant Lifeguard NCS Non -Ex May 30, 2015 McGriff, Patrick S Parks Maintenance - Laborer $9.001Hr NCS Non -Ex June 4, 2015 PAYROLL ADJ€1STMENTSITRANSFERSIPROMOTIONSITEMPORARYASSIGNMENTS PARKS SRVCS - MAINTENANCE Meinders, Jason I Parks Maintenance - Laborer Parks Maintenance - Lab:nrer NCS Non -Ex June 4, 2015 $8.50IHr $9.00/Hr Overstreet, Donald E Parks Maintenance - Laborer Parks Maintenance - Laborer NCS Non -Ex June 4. 2015 $8.50/Hr $9.00/Hr Edmonds, Brodrick Temporary Pump Operator Parks Maintenance - Laborer NCS Non -Ex June 4, 2015 $7.25/Hr $9.00/Hr PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OFPAY PARKS SERVICES Blakemore, Kaitlin A Recreation Leader Recreation Leader NCS Non -Ex June 1, 2015 $11,001Hr $8.00/Hr Coleman, Amber M Pool Attendant Lifeguard NCS Non -Ex May 30, 2015 $7.50/Hr $8.00/Hr Dew, Caroline A Pool Attendant Lifeguard NCS Non -Ex May 30, 2015 $7,501Hr $8.00/Hr Jez, Elise N Pool Attendant Lifeguard NCS Non -Ex May 30, 2015 $7.50/Hr $8.0OIHr Jordan, Diamond R Recreation Leader Pool Attendant NCS Non -Ex June 1, 2015 $8.00/Hr $7.501Hr Kollenberg, Teddy W Recreation Leader Head Lifeguard NCS Non -Ex June 1, 2015 $8.00/Hr $8.50/Hr Meadows, Taylor B Pool Attendant Head Pool Attendrrri NCS Non -Ex May 28, 2015 $7.50/Hr $8.001Hr Murphy, Kaitlin M Recreation Leader Recreation Leader NCS Non -Ex June 1, 2015 $8.00/Hr $11.00IHr Vega, Sergio Pool Attendant Head Pool Attendant NCS Non -Ex May 28, 2015 $7.50/Hr $8.00IHr PARKS SRVCS - MAINTENANCE Meinders, Jason I Parks Maintenance - Laborer Parks Maintenance - Lab:nrer NCS Non -Ex June 4, 2015 $8.50IHr $9.00/Hr Overstreet, Donald E Parks Maintenance - Laborer Parks Maintenance - Laborer NCS Non -Ex June 4. 2015 $8.50/Hr $9.00/Hr Edmonds, Brodrick Temporary Pump Operator Parks Maintenance - Laborer NCS Non -Ex June 4, 2015 $7.25/Hr $9.00/Hr CITY OF PADUCAH PERSONNEL ACTIONS June 9, 2015 TERMINATIONS • PART-TIME [PITIITEMPORARYISEASONAL POSITION REASON PARKS SERVICES Mitchell, Elaina Recreation Leader Resignation' "Accepted another summer posilion Adams, Tanner L Lifeguard Termination" 'Unable to contact to cornfete hiring process POSITION PARKS SRVCS - MAINTENANCE Mizel, Jon Parks Maintenance - Laborer Pinner, Kevin G Parks Maintenance - Laborer REASON Resignation` `Accepted another summer position Termination' 'Unable to successfully comp[ele hiring process EFFECTIVE DATE May 26, 2015 May 27, 2015 EFFECTIVE DATE June 4, 2015 June4,2015 !892!7 AGENDA ACTION FORM PADUCAH CITY COMMISSION ;41ceting Date: June 9, 20 L 5 Short Title: Arlth0l'i7,e Nlayor to Execute a Deed Consideration Certificate to Purchase Property at 960 Krebs Station Road for Paducah 'Nater ❑ Ordinance ❑ Emergency X Municipal Order ❑ Resolution ❑ Motion Staff Work By: Bill Robertson Presentation By: Jason Peterson Background Infonnatiotl: Bill Robertson has been negotiating with Donald L. Brown and Mary A. Brown, Trustees of the Donald L. Brown and Mary A. Brown Revocable Trusts dated November 7, 2008, for the purchase and acquisition of a 0.659 acre parcel lying adjacent to its tank site at 960 ,Krebs Station Road for the expansion and improvement of Paducah Water's water distribution system in the Hendron Water area. Bill Robertson has reached an agreement with Donald L. Broivaand Maty A. Brown, Trustees of the Donald L. Brown and !Mary A. Brown Revocable Trusts dated November 7, 2008, for the purchase of 960 Krebs Station Road, Paducah, Kentucky, and is desirous of obtaining the authorization of the City Commission to have the Mayor to execute the deed and consideration certificate to vest title in the City of Paducah for the benefit and use of Paducah Water. Goal: ❑Strong Economy X Quality Services❑ Vital NeighL orhoods❑ Restored DmN nto%vn5 Funds Available: Account Name: Account Number: Finance Staff Reconunendation: Authorize the Mayo to execute the deed and consideration certificate to vest title in the City of Paducah for the use and benefit of Paducah Water Attachments: Department Head City Clerk City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER OF THE CITY OF PADUCAN, KENTUCKY, AUTHORIZING THE NIAYOR TO EXECUTE THE DEED CONSIDERATION CERTIFICATE FOR THE PURCHASE OF THE BROWN TRUST PROPERTY LOCATED AT 960 KREBS STATION ROAD, PADUCAH, KENTUCKY, BY THE CITY OF PADUCAH ACTING ON BEHALF OF THE COMMISSIONERS OF WATERWORKS DBA PADUCAH WATER WHEREAS, the Commissioners of Waterworks of the City of Paducah, Kentucky, DBA Paducah Water (the "PWW"), has previously determined that it is beneficial for PWW to acquire the real property known as the Brown property which property lies adjacent to PWW's tank property on Krebs Station Road, Paducah, Kentucky; and WHEREAS, in order to consummate the purchase of said real property a deed of conveyance containing a sworn consideration certificate must be executed and filed of record; NOW, THEREFORE, IT IS ORDERED BY THE BOARD OF COMiMISSIONERS OF THE CITY OF PADUCAH, Section 1. Recitals and Authorizations. The Board of Commissioners hereby authorizes the Mayor to certify and execute the consideration certificate contained in the deed of conveyance from the Donald and Mary Brown Trysts to the City of Paducah, Kentucky, acting on behalf of the Commissioners of Waterworks DBA Paducah Water for property located at 960 Krebs Station Road, Paducah, Kentucky. It is determined that it is necessary and desirable and in the best interest of the City to execute the consideration certificate contained in said deed of conveyance, which deed of conveyance and consideration certificate is hereby authorized ani approved. Section 2. Effective Date, This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of -eae City of Paducah, Kentucky. ,Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, June 9, 2015 Recorded by Tammara S. Sanderson, City Clerk, June 9, 2015 lmoTp "V-960 Krebs 5t40il Rd 189199.doc 189201 DEED OF CONVEYANCE THIS DEED made and entered into this the day of June, 2015, by and between DONALD L. BROWN, AS TRUSTEE, OF THE DONALD L. BROWN REVOCABLE TRUST, DATED NOVEMBER 7, 2008, of 1010 Krebs Station Road, Paducah, Kentucky 42001, and MARY A. BROWN, AS TRUSTEE, OF THE MARY A. BROWN REVOCABLE TRUST, DATED NOVEMBER 7, 2008,Grantors, and THE CITY OF PADUCAH, KENTUCKY for the use and benefit of the COMNIISSIONERS OF WATERWORKS, DBA PADUCAH WATER, a body politic and corporate, duly organized and existing under the laws of the Commonwealth of Kentucky, and a municipal corporation of the second class of P. O. Box 2377, Paducah, Kentucky 42002,Grantee; WITNESSETH; THAT FOR AND IN CONSIDERATION of the surra of $20,000.00, cash in hand paid by the Grantee to the Grantors, the receipt of which is hereby acknowledged, Grantors sold and do by these presents grant, bargain, sell, alien and convey unto the Grantee, its successors and assigns forever, together with all the improvements, appurteinances and rights thereunto belonging, the following described property, lying and being in 'OcCracken County, Kentucky, and more particularly described as follows: Being a 0.659 acre tract as shown on the plat of Waiver of Subdivision for Donald and Mary Brown, of reccrd in Plat Section "K", page 179, in the McCracken County Court Clerk's Office. Being a part of the same property conveyed to Donald L. Brown, as Trustee, or his successors in trust, of the Docnald L. Brown Revocable Trust, dated November 7, 2008, and Mary A. Brown, as Trustee, or her successors in trust, of the Mary A. Brown Revocable Trust, dated November 7, 2008, by deed dated November 7, 2008, of record in Deed Book 1157, page 55, McCracken County Court Clerk's Office. TO HAVE AND TO HOLD the same together with all improvements thereon and all rights and appurtenances thereunto pertaining unto Grantee, its successors and assigns forever, with Covenant of General Warranty, except easements, covenants and restrictions of record. Grantors and Grantee hereby swear and affirm, under penalty of perjury, that the consideration recited herein is the full actual consideration paid for the property transferred hereby. The Grantee joins in this deed for the sole purpose of certifying the consideration. IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands DONALD L. BROWN, AS TRUSTEE OF THE DONALD L. BROWN REVOCABLE TRUST DATED NOVEMBER 7, 2008 MARY A. BROWN, AS TRUSTEE OF THE MARY A. BROWN REVOCABLE TRUST DATED NOVEMBER 7, 2008 THE CITY OF PADUCAH, KENTUCKY FOR THE USE AND BENEFIT OF THE COMMISSIO'VERS OF WATER WORKS OF FOR THE CITY OF PADUCAH, KENTUCKY D/B/A PADUCAH WATER —2— LIZ STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this _ day of ,lune, 2015, by Donald L. Brown, as Trustee of the Donald L. Brown Revocable Trust dated November 7, 2008, and Mary A. Brown, as Trustee of the Mary A. Brown Revocable Trust dated November 7, 2008, Grantors. My commission expires NOTARY PUBLIC, STATE AT LARGE STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of .lune 2015, by Gayle Kaler, Mayor, of The City of Paducah, Kentucky for the use and benefit of the Commissioners of Water Works for the City of Paducah, Kentucky d/b/a Paducah Water, on behalf of said entity, Grantee. My commission expires This instrument prepared by: DENTON & KEULER, LLP P. O. Box 929 Paducah, KY 42002-0929 Send current Tax bill to: Paducah Water P O Box 2377 Paducah, KY 42002-2377 NOTARY PUBLIC, STATE AT LARGE —3— Agenda Action Form Paducah City Commission Meeting Date: June 9`h, 2015 Short Title: Annual service contract for the City's 800 Mhz radio equipment Ordinance J Emergency ❑ Municipal Order ❑ Resolution ❑ Motion ❑ Staff Work By: Brent Stringer Presentation By: Brent Stringer and/or Steve Kyle Background Information: Reoccurring annual service agreement between Motorola and the City of Paducah for service and maintenance on the 800 Mhz radio system including the dispatch consoles and radio controllers at the 911 office. Goal: ❑Strong Economy !j Quality Services ❑ Vital. Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Communications equipment�— u� Account Number: 012-4011-423-22.06 '1 E once �ae kow S 4^ajT p WL -A r 04 eAAl ce— gt;cw-�ts c 7-2-60Staff Recommendation: Approve ordinance to continue the service agreement with Motorola for 2015-2016 Attachments: Revised Interlocal Agreement Department Head City Clerk ' �Ianage�r� ORDINANCE N0. 20t5-6- AN 0t5-6- AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE SERVICE AGREEMENTS WITH MOTOROLA FOR FY 2015--2016 BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION L That the Mayor is hereby authorized to execute a service agreement with Motorola for yearly maintenance of the 800 MHz radio controllers, individual department radios, Paducah -McCracken County 911 dispatch consoles, telephones, and other related radio equipment. The Contract Number $00001001153 in the amount of $51,994.56 shall expire June 30, 2016. SECTION 2. This expenditure shall be charged to various departments. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Ddayor ATTEST: Tammam S. Sanderson, City Clerk Introduced by the Board of Commissioners, June 9, 2016 Adopted by the Board of Commissioners, June 16, 2015 Recorded by Tammara S. Sanderson, City Clerk, June 16, 20t5 Published by The Paducah Sun, \ord\police\contract-Motorola 2015-2016 0 MOrOROLA SOLUTIONS .41W: Nafionef Semite Supportl4th f! 1309 East Aigonquin Road {800} 247-2349 Date: 03127/2015 SERVICES AGREEMENT Contract Number: S00001001153 Contract Modifier: RN27-MAR-15 1324:02 Company Name: Paducah, City Of MODEL/01PTION Required P.O.: No Attn: Customer # : 1011956482 Billing Address: P O Box 2307 Bill to Tag #: 0001 City, State, Zip: Paducah,KY,42002 $281.41 Contract Start: Date: 07(0112015 Customer Contact: ENH: SMARTZONE SITE Contract End Date: 06/30/2016 LPhone: SVC251AE Anniversary Day: Jun 30th Payrrarit Cycle: MONTHLY PLANT VESTA PALLAS WORKSTATION PO 4: N/A `QTY MODEL/01PTION SERVICES DESCRIPTION MONTHLY EXT EXTENDED — AMT ***** Recurring Services **_ * SVC01SVC11010 ASTRO INFRASTRUCTURE REPAIR W/ADV REFI_ $281.41 $3,376.92 1 SVC251AA ENH: SMARTZONE SITE 1 SVC251AE PLANT VESTA PALLAS SERVER 5 SVC253AE PLANT VESTA PALLAS WORKSTATION 5 SVC255AE PLANT VESTA PALLAS ACU 1 SVC257AA ENH: SMARTNET SITE .1 SVC257AE PLANT BCM 14 SVC258AA ENH: SMARTNET STATION I SVC455AE ENH: DISPATCH SITE SVC01 SVC 1 102C ASTRO DISPATCH SERVICE $77.73 $932.76 5 SVC239AA ENH: SIVIARTZONE OPERATOR POSITION 1 SVC240AA ENH: SMARTNET SITE 14 SVC241AA ENH: SMARTNET STATION 1 SVC242AC ENH: DISPATCH CENTER LOCATION 1 SVC242AE ENH: PLANT EQUIPMENT 911 1 SVC455AE ENH. DISPATCH SITE SVC01SVC1104C ASTRO TECHNICAL SUPPORT $260.77 53,129.24 1 SVC135AA ENH: SMARTNET SITE 14 SVC136AA ENH: SMARTNET STATION 5 SVC142AD ENH: CONSOLE ONLY - OPERATOR POSITI 1 SVC142AF ENH: PLANT EQUIPMENT 911 t SVC147AA ENH: SMARTNET SYSTEM 2 SVC455AE ENH: DISPATCH SITE SVC01 SVC1220C ASTRO SFS LITE SERVICE AGREEMENT $376,53 $4,518.36 15 SVC17AA ENH: MTX8250 33 SVC26AA ENH: XTS2500 10 SVC495AB XTL5000 - MOBILE 12 SVC506AB XTS1500 4 SVC634AD ENH: XTL1500 6 SVC688AD ENH: XTL2.500 SPECIAL INSTRUCTIONS ATzacH Subtotal - Recurring Servfces $4,332.88 $51,994.56 STATEM,ENT OF WORK FDR PERFORVAiNCE DESCRIPTIONS Subtotal -One-Time Event Services $ .00 $ .00 Total $4,332.88 $51,994.56 7axes Grand Total $4,332.88 551,994.56 THIS SERVICE AMOUNT IS SWJEC TO STATE AND LOCAL TAXING JURISDICTION$ WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. received Sratements of Work that describe ar)d Conditions, a copy of which Is attached SVC01SVC1410C ONSITE INFRASTRUCTURE $1,390.98 $16,691.76 ELGIN IL RESPONSE -STANDARD ELGIN lL 1 SVC166AE PLATT MAGIC SERVER MOTOROLA SYSTEM SUPPORT -TECHNICAL SUPPORT D0058 SCHAUMSU RG 1 SVC174AE PLANT VESTA STANDARD MINI SERVER IN AIRBUS DS COMMUNICATIONS, INC. 1 SVC181AE PLANT BCM PADUCAH I KY 5 SVC187AE PLANT VESTA PALLAS WORKSTATION 1 SVC218AA ENH: ONSITE INFRASTRUCTURE RESPONSE -SITE 14 SVC219AA STATION(S) 5 SVC220AA OPERATOR POSITIONS 1 SVC455AE ENH: DISPATCH SITE 1 SVC986AA DISPATCH CENTER LOCATION 1 SVC987AA CENTRAL ELECTRONICS BANKS (CEB) SVC01SVC1423C LOCAL RADIO SUPPORT SERVICE $271.98 53,263.76 15 SVC17AB ENH: MTX8250 33 SVC26AB XTS2500 4 SVC368AE ENH: XTL1500 6 SVC454AE ENH: XTL2500 12 SVC575AB XTS1500 - PORTABLE 10 SVC587AB XTL5000 - MOBILE SVC01 SVC2012C SP - CONTRACT ADMINISTRATION SERVICE $206.01 $2,472.12 1 NETWORK(S) SVCO2SVC0015C SP - SUBSCRIBER REPAIR - LOCAL $5.82 569.84 I CHARGER SVCO2SVC0030C SP - LOCAL REPAIR WITH ONSITE RESPONSE $81.05 5972.60 1 CHANNEL COMBINER SVCO2SVC0081A MISSION CONTROL 5636.82 S7,641.84 1 SITE(S) SVCO2SVC0082A SOFTWARE FIRMWARE SUPPORT $743.78 $8,925.36 1 SITE(S) SPECIAL INSTRUCTIONS ATzacH Subtotal - Recurring Servfces $4,332.88 $51,994.56 STATEM,ENT OF WORK FDR PERFORVAiNCE DESCRIPTIONS Subtotal -One-Time Event Services $ .00 $ .00 Total $4,332.88 $51,994.56 7axes Grand Total $4,332.88 551,994.56 THIS SERVICE AMOUNT IS SWJEC TO STATE AND LOCAL TAXING JURISDICTION$ WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. received Sratements of Work that describe ar)d Conditions, a copy of which Is attached Subcontractor(s) City State MOTOROLA RADIO SUPPORT CENTER ELGIN IL MOTOROLA SYSTEM SUPPORT CENTER ELGIN lL MOTOROLA SYSTEM SUPPORT CTR -CALL CENTER D0066 SCHAUMBU RG IL MOTOROLA SYSTEM SUPPORT -TECHNICAL SUPPORT D0058 SCHAUMSU RG IL INDIANAPOLIS SERVICE CENTER INDIANAPO LIS IN AIRBUS DS COMMUNICATIONS, INC. TEMECULA CA JACKSON PURCHASE 2 WAY INC PADUCAH I KY the services provided on this Agreement. to this Service Agreement, is incorporated Motorola's her2i n by Service Terms this reference. AUTHORIZED CUSTOMER SI CUSTOMER (PRINT NAME) TURE TITLE MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE Charles Benson MOTOROLA REPRESENTATIVE(PRINT NAME) Company Name: Paducah, City Of Contract Number: S00001001'153 Contract Modifier: RN27-MAR-15 13:24:02 Contract Start Date: 07/01/2015 Contract End Date: 06/30/2016 615 208-1747 PHONE DATE DATE Service Terga and Conditions Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows Section 1, APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (f) maintenance, support, or other services under a Motorola Service Agreement, or (2) i;tstaliation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service T arms and Conditions; the cover page forthe Service Agreement or tree Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" rneans the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The terrn of this Agreement begins on the "Start Date" indicated in this Agreement, Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more dEttailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then -applicable rates for the services. 4.2. If Motorola is providing Senjices for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be foltowed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, 'the additional equipment may be added to this Agreement and will be billed at the applicable rates after t}je warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Data or when addiflonal equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6, if Equipment cannot, in Motorola's reasonable opinion, be properly or economically sepriced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4 T. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has became defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramn-iing Equipment; accessories, belt caps, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME ANO PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge,a non -hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors wil! not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Nilotorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. tri 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; If these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Mckorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names aftd phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola wit! invo;ce Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sates and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section J. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects Rn materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed] n the event of a breach of this warranty, Customer's sole remedy is to require Motoreia to re -perform the non -conforming Service or to refund, on a pro -rata basis, the fees paid for the non -conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR hv]PL!ED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULTITE€2AMNATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementir'g the cure plan immediately after pian approval. If the non-performing party fails to provide or implement the cure plan, tnpm the inured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termloatlon to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termnation. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Nlotorofa will have no further obligation to provide Services. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE; LOSS OF USE, TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL. DAMAGES IN ANYWAY RELATED TO OR AR#SING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause flf action, except for money due upon an open account.This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be a^nended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, hov,rever, an omission of the reference to this Agreement will not affect its applicab'lity. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY l iGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, teohnicat information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, r:,ilhout Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survhve the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property iududing any intellectual property created as a result of or related to the Equipment sold or Services performed under this agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other- federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Custorner in any governmental matters Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years therea€ter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to confonra to applicable law Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or ft.rrnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while ii is in Customer's custody or control, be liable for any loss or damage to this property, and: return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERNiS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted u. accordance with the laws of the State in which the Services are per -formed 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work,but subcontracting will not relievq Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment v0out the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"),whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign the Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE. OR ONE PART`( NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary data, Motorola may adjust the price of the Services to reflect its current rates. 17.8. if Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect ai the time of the termination or expiration will apply to those Services and Custorner agrees to pay for those services on a lime and materials basis at Motorola's then effective hourly rates. Revised Jan 1, 20,10 Agenda Action Form Paducah City Commission Meeting Date: June 9, 2015 Short Title: City of Paducah, Kentucky's Fiscal Yeas' 2015-2416 budget ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resoludorn ❑ Motion Staff Work By: Jonathan Perkins, Audi! Herndon, Stacee Young Presentation By: Jeff Pederson, Jonathari Perkins Background Information: The FY2016 budget ordinance implements the decisions made at the Commission's June 2nd budget workshop. Goal: ®Strong Economy ® Quality Services® Vital Neighb}rhoods® Restored Downtowns Funds Available: Account Name: ` hf Account Number: Vi ce Staff Recommendation: Approve the FY2016 Budget Ordinance Attachments: FY2016 Budget Ordinance Department Head City Clerk City Manager R:`Finance`BudgeCBudget'Ordinance',FY2016',Agenda Action Fonn (AAF) - Budget Ordiratce 6-09-2415, FY2016.Docx ORDrNANCE NO 2015.06• AN ORDTNANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL BkbGET FOR THE HSCAL YEAR 7L'LY 1. 2015. THROUGH 3471E 30, 30!6, BY ESTINATI`G REVENUES AND RESOI;RCES AND APPROPRLITING FUNDS FOR TJEOPEG.TION OF CITY GOVERNMENT WHEREAS, an annual budget proposal nas been prepared and delivered to the City Commission, and WHER.£AS, the Ciry Commission has ravlewed such proposed budget and made the necessary modlficAWns BE !T ORDAINED BY THE CITY OF PADUCAH. KENTUCKY. SECTION I The ,olloweng-stimate of revenues and resources rs adopted as the C,ry of Paducah. Kea[oek Ry,ence Budget [or Flscai Year 2015- 2016 FY2016 COURT DEBT F911 AWARDS SERVICE CID FUND FUND FUND FLT) (12) (13) (30) r4cl CASH FROM FUND RESERVE I 20,750 I 1100.0)8 RE%c,V'L'ES I ! PROPERTY TAXES I MUN101A L FY2016 AID ! OTHER TAXES GENERAL PROGRA,14 INVESTMENT CDBi) GRANTS, CONTRf3UFIONS FUND FUND FUND FUND FINES & FORFEITURES 30,000 l i rOURCES: 389,000 .CASH FROM FUND RESERVE 295,760 299,200 52,355 REVENUES 900 '.000 PROPERTY TAXES 6,153.300 750M LISC, PERMJTS, OTHER TAXES 23,239.500 160,000 4.400,000 GRANTS, CONTRIBUTION'S 871,315 31,000 924,705 750,44) FIS IES & FORFEITLRES ;09.500 L 2,092,230 3,959680 PROP RENTAL & SALES 436,020 3,016,935 16.554.680111 TOTAL SOLRCES CHARGES FOR SERVICES 655,965 INTERPST [INCOME 90,000 6,000 RECREATION, OTHER FEES 113,700 MISCELLANEOUS 29,500 31,704.000 486,000 4,300,000 750,-00 TOTAL REVENUES Fl -;ND TRANSFERS IN 159.950 825,000 261,000 I15A)' 32,469,730 1,600.200 5.061,000 875.MW TOTAL SOURCES FY2016 COURT DEBT F911 AWARDS SERVICE CID FUND FUND FUND FLT) (12) (13) (30) r4cl CASH FROM FUND RESERVE I 20,750 I 1100.0)8 RE%c,V'L'ES I ! PROPERTY TAXES I i 1,iSC, PERbtITS, ! OTHER TAXES 511,000 SS3,320 GRANTS, CONTRf3UFIONS 487.930 j 11,744,000 FINES & FORFEITURES 30,000 l i PROP RENTAL & SALES 389,000 CHARGES FOR SERVICES 52,355 INTEREST (\'COME 900 '.000 RECREATION, OTI fER FEES 750M MISCELLANEOUS TOTAL REVE\"LES 1. 103,330 31,000 924,705 Ii,459 J)0 FUNDTRANSq-kj N 538,490 L 2,092,230 3,959680 1,692.320 51,750 3,016,935 16.554.680111 TOTAL SOLRCES RCnginal .'ane 03 M'S - FP2016�0rdlnance FY2016 SOLID CIVIC HEALM AEPFRFPF SERVICE BOND WASTE CENTER REW11 RADIO ' FUND FUND FUND FUND FUND FUND (70) (42) (50) (62) (63) 164) SOURCES: CASH FROM FUND RESERVE 1,269,000 970,950 8,000 1,635,995 I REYEVL'SS. i RE EEM; ES PROPERTY TAXES I i PROPERTY TAXES LISC, PERMITS, LISC, PERMITS, OTHER TAXES i GRANTS, CONTRIBUTIONS I 3Q600 FNES & FORFEITURES E PROP RENTAL & SALES 75,000 40.000 134)30 127,940 1 CHARGES FOR SERVICES 4,768,000 PROP RENTAL & SALES [NTEREST INCOME 3,000 233,000 350,000 4.300 RECREATION, OTHER FEES 0,000 1,107,150 3,76,,W 9.915 MISCELLANEOUS 22.500 x,000 4,504,000 40,000 1 )x320 125,740 TOTAL REVENUTS +FUND TRANSFERS IN - 100 120,010 i 1,291,000 5,474,950 160,010 134.930 123,1x0 (TOTAL SOURCES FY2016 FLEET FLEET HEALM AEPFRFPF SERVICE TRUST INSUR NS TRUST, PENSION ' FUND FUND FUND FUND FUND (70) (71) (72) (73) )7 6).(77).(83 SOURCES: CASH FROM FUND RESERVE 8,000 1,635,995 457,531 RE EEM; ES i PROPERTY TAXES LISC, PERMITS, OTHER TAXES 1. GRANTS, CONTMUTIONS FINES & FORFEITURES PROP RENTAL & SALES 827.755 350,000 CHARGES FOR SERVICSS 347,500 1,107,150 3,76,,W 9.915 INTEREST FNCOSIE 22.500 225,100 RECREATION, 0114ER FEES MISCELLANEOUS 100 . 347,600 I 850,255 ],101.150 3,76'567 585,015 TOTAL REVENUES FUNDTR-ANSFERS IN 189,180 60,000 , 385,000 544,080 2,486,350 1.167,154 3,76156) I 1,437,550 TOTAL SOL RCES R Caig.na; June 33 2015 - FYMMCrtlin3nce SECTION 2 The (oleo -ng sums of money are hereby appropr:aled 101 Frscal Year 2015-3016 FY2016 GENERAL FUND (DI) MUNMPAL ,Am PROGRAIf FUND (03) INVESTMENT FUND (04) CDS FUM) (061_ .4PFftOPR: 1AT10rVS GENERAL GO VEP -LAMENT 1,474,675 FINANCE 998,790 PR -DA 134,165 GNFOR:WAT?ON SYSTEMS 667,530 PLANNNO 914,290 375^o) POLICE 9,496,455 FIRE 8,049,275 ENG,PUBUC WOR -K3 3,959,595 l 5DQ200 PARKS SERVICES 3,156,515 CABLE AUTHORITY 33,610 KUMAN RIGHTS 41,955 ENGNEERING 1,155,105 HUMAN RESOURCES 309,050 NVESTMENT FUND 590.500 DEBT SERVICE 1 E911 SOLID WASTE OPERATION' FLEET MAFNTENANCE PENSION'S CASH CARRY FORWRD/RES RV 830 i FUND TRANSFERS OUT i 2,028,720 4,369,670 32,469,730 1,600,200 5,061,000 875?00 TOTALAPPROPR-IA TION S FY2016 1 COURT I DEBT E911 AWARDS 1 SERVICE CL? FUND FUND FUND FUND f12) {131 QOG (40', GENERALGOV£RNMFNT FNANCE PRDA NFO,t-M- ATION' SYSTEMS PLANT'NG POLICE FRE ENG/PUBLIC WORKS PARKS SERVICES CABLE AUTHORITY HUMAN RIGHTS LNG NEERNG H'U4IAN RESOURCES INVESTMENT FUND DEBT SERVICEl,911 SOLID WASTE OPERATION FLEET MAINTENANCE PENSIONS CASH CARRY FORWRD,'RESRV FLND TRANSFERS OUT TOTAL APPROPRLATIONS 1,592,320 26577;30 1.396.!50 51,750 24+00 70:Q0 520,k30 3,015,335 I I ?5 iut 51,756 3,016,335 16,3561116 R'FinanceiBudgal',BuageOCrd,nancerFY27'35,"Eazrce Onginai June 33 2D15 - FY2016�ordoance FY2016 BOND FUND (47) SOLID WASTE FUND (50) CIVIC CENTER FUND (62) RENTiL FUND C631 RADIO FUND (64) �APPAOPRlATIONS: I GENERALG0VERN %IEXT GENERAL GOVERVVIENT FINANCE .� FINANCE 1,486,250 300 1 72,875 PRDA INFOIUMATiON SYSTEMS INFORMATION SYSTEMS PLANNING PLANNING POL)CE POLICE FIRE FIRE ENGIPUBLIC WORM ENGMU'BLIC WORKS 84?7-0 PARKS SERVICES PARKS SERVICES 92,035 CABLE AUTHORITY CABLE .AUTHORITY HUMAN RIGHTS HUMAN RIGHTS ENGNEERING ENGINEERING HUMAN RESOURCES HUMAN RESOURCES 1,161,550 7,162,951 M V ESTNSENT FUND INVESTMENT FUND DEBT SERVICE( F911 DEBT SERVICEIE911 SOLID WASTEOPERATION SOLID WASTE OPERATION 5,234,950 1 FLEET %LAfNTENANCE 1 FLEET mA1TiTENANCE ?ENSIGNS PENSiON5 1137250 CASH CARRYFORW?DiRESRV CASH CARRYFOR%vRDrRESRV 5,500 67,975 55,865 FUND TRANSFERS OUT1,271,000 244000 igL56 544,030 (,271,000 5,474,950 160.010 1343?9 128,740 I �TOT:�LAPPROPRL-1TION5 FY2016 FLEFT SERVICE FUND (70) FLEET TRUST FUND (71) it HEALTH INSUR INS TRUST FUND I FUND (72) {73) AEPFIPFPF PENSION FUND (76).(? 7).(34) APPROPR ATIONS: GENERALG0VERN %IEXT FINANCE 1,486,250 300 1 PROA INFOIUMATiON SYSTEMS PLANNING POL)CE FIRE ENGIPUBLIC WORM PARKS SERVICES CABLE AUTHORITY HUMAN RIGHTS ENGNEERING HUMAN RESOURCES 1,161,550 7,162,951 M V ESTNSENT FUND DEBT SERVICE( F911 SOLID WASTEOPERATION FLEET %LAfNTENANCE :44780 ?ENSIGNS 1137250 CASH CARRYFORW?DiRESRV ! 5,500 1, FUND TRANSFERS OUT 544,030 2,186,250 1,167,150 3,762,56D 1 1.137 ,550 JTOTALAPPROPRIATIONS SECTICN 3 The City Manager and Finance Director will publish a budget document which reflects lie flinding priorities set by the City Commission daring :heir budget workshops and which y:ll be used to mlerpret the above appropnal:ons on the City's •.vebsne SECTION 4 The City does hereby adopt :he following SnanCi2! management policies A Tse General Fund's .minimum undesignated cash balance shall be 10% of the General Fund's bud;eeed -ecpeadiiures The Investmam Fund's mlmmum undesignared cash'calance shall be 10% of the Investment Fund's budgeted expendaures The Solid 11�q5at fl4nd's minimum 'unrese;,ed -ash oalance sha:l be 14% of ;he Solid Waste's budgeted operating expenses The Debt Servtce Find's minimum cash balanc: MV, 6a not less than 5340.000 B The City Manager rs authorized w transfer appropriated amounts between Funds, departmental buape a,nc ltems, prolec's, between. drvistons of departments, and betNCCn departments as shown in Section 2 C Aporopnauons designated as Commission contingency shall be obh.lited apon approval yy the C y Commissicn by municipal order D Funds appropriated as Adminisvauve contingency shall be obligated at the discretion cf the City "anager, however, :he City Commission shall be notified five calendar days prior to obligation of the expenduure. Tany individual member of the Board of Commie imam requests Commission review of a proposed expenditure, the City Manager must bring expenditure before me Commission for approval by mumcipd orcar, or not proceed. E City Marra,er shall assure that retuning revenues and resources are greater than or equal to recurng expe:dirures Tae Gay Manager has :he authony :o enact a budget 3liocauon program or to transfer funds to orfram any departmental hoe item appropriation R tF,narcei,Budgetr8udget%Drdinanc=iFv2C j%0renalce Crigoal jure 03 2015 - FY20'6%Crd1ranca G As new vehicles are acquired, the City will fully fund the Flect Trust Fund in order to replace roll agsteek owned by the Fleet Trust Fund 15 it achieves obselasccace The Fleet Trust Fund shall be funded with monthiy lease charges assigned to roiling stork n deretmmed by the Finance Durector or his designee All rolling stack is owned by the City s Fleet Trust Fund H The Cay mill maintain a scif insurance fund called Health Insurance Trust Fund through the use of tier fees as set by administrative policy I The City will cominue to maintain the Appointive Employees Pension Fund (AEPF) to a fully fundadstEvi through sound financial management and'or annual General Fund transfers as designated in the budget document The AEPF may be combined with ?'a Pli slsouid it be determined, by the Finance Director. :hat such a combmri is administratively more effective andlor financially prudent, J In fiscal year 2006, the City issued a General Obligation Bond for the Police and Firefighters' Pensan Fund (?FPF) bringing the fund up to an actuariaily sound basis, however, the mui!i-year recession starting in fiscal year 3009 reduced the fund's corpus':at.no a aew unfunded habthty Funding is provided in the General Fund of chis ordinance to further address the PFPF unfunded liability K The City will provide to all eligible employees up to a $737 00 per month credit (for the months e13uly - December 2015) to be applied to the Comprehensive Heahh insurance Benefit Plan (Cafeteria Plan) as directed 'oy the employee In January 2016, this morthf y credit may be adjusted by the City Commission as :ecommended by the City Manager or his designee L The City •x•ill malnMn a special fund called investment Fund, and is considered an extension ofto {;ental Fund I'he Investment Fund wflf be funded with a i i2 cent increase in the City's occupational license 5" (employee payroli withholding tax) This fud s dedicated to the following expendriures. economx deae:opmern, neighborhood redevelopment. Infrastructure capital investment and property tax relief SECTION S Finance Director rs responsible For maima rimg current !able of Estimated Revenues in Section I and Appropriation of Funds in Sechen 2 and to provide a copy to the City Clerk If during the course of;he year the City Commission adopts Ordinances 10 anticipate new revenue, or to rnai nine approprianons, the Finance Director �ill .ii these Tables and provide a copy to the Ciry Clerk SECTION 6 This ordinance shall be read on two separate days and :rill become effective upon pubkartX+r. in full pursuant to KRS Chapter 424 ATTEST Timma:a Sanderson, City Clerk introduced by the Board of Commissioners, lune 4. 3015 Adopted by the Board ofCommisstorters, June 23, 2015 Recorded by Tainmara Sanderson, Cny Clerk, lune _ 20! 5 ?ublished by The Paducah Sun. Mayor R iRnanceiBctlgettButlgetit7rdinanceiFY20igipgrance 0n0.nal J,ne'77 2015 - FY2Big10rtlmance Agenda Action Form Paducah City Commission Meeting Date: 6/09/2015 Short Title: Purchase of Self Contained Breathing Apparatus (SCBAs) for the Paducah Fire Department ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Kevin Mckellips, Deputy Fire Chief Presentation By: Steve Kyle, Fire Chief Background Information: A large percentage of Paducah Fire Departments Sett -Contained Breathing Apparatus (SCBAs) are more than ten years old and do not meet the current required Firefighting standards. Therefore, to implement a replacement program, sealed bids were requested for new SCBAs and related components to be purchased in accordance with the authorized Fire Equipment budget, On May 29, 2015, sealed bids were opened and read aloud for the purchase of the required SCBSs and related equipment for use by the Paducah. Fire Department for the remaining portion of the 2015 Fiscal Year and the 2016 Fiscal Year with a one-year optional renewal, Two bids were received, with Orr Safety submitting the lowest responsive bid of $7,000 per unit in accordance with the specifications. The unit price is firm a d will be utilized as the Contract unit price for the remaining portion of the contract time geriod until .lune 30, 2016. The Contract may be renewable for one additional Fiscal -Year term, upon the mutual agreement of both parties. The City of Paducah Fire Chief, acting as agent for the Owner, shall determine, in his sole discretion, the option to renewal. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Fire Hose/Rescue EquipraentC 7 Account Number: 001-1502-522-40-13 mance Staff Recommendation: To receive and file the bids and adopt an Ordinance authorizing the tilayor to execute a contract with Orr Safety for the purchase of Self -Contained Brealhing Apparatus (SCBAs) at the unit price of $7,000 per set for use by the Paducah Fire Department for the 2015 and the 2016 Fiscal Year with a One -Year optional renewal if both parties agree. Attachments: Bids, Bid Tab, Advertisement and proposed Contract CITY OF PADUCAH PADUCAH FIRE DEPARTMENT SELF-CONTAINED BREATHING APPARATUS (SCBA) EQUIPMENT BID OPENING: Friday May 29, 2015 2:OD Official Bidder of Record Total Bid Bluegrass Uniforms $ Orr Safety $pot a�d 7 Page #1 6/3/2015 ORDINANCE NO. 2015 -6 - AN ORDINANCE ACCEPTING THE BIDS OF ORR SAFETY FOR SALE TO THE CITY OF SELF-CONTAINED BREATHING APPARATUS FOR USE BY THE PADUCAH FIRE DEPARTMENT FOR THE REMAINING PORTION OF 2015 AND FISCAL YEAR 2016, WITH A ONE-YEAR CONTRACT OPTION TO RENS.-NV AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah accepts the bids of Orr Safety at the unit price of $7,000 per set, for self-contained breathing apparatus for use by the Paducah Fire Department, said bids being in substantial compliance with bid specifications, and as contained in the bids of Orr Safety of May 29, 2015. SECTION 2. The Mayor is hereby authorized to execute a contract with Orr Safety Corporation for the purchase of self-contained breathing apparatus, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. This contract shall be for the remaining portion of 2015 and fiscal year 2016, and contains a one-year contract option to renew- Further, the Mayor is hereby authorized to execute, subsequent to the recommendation of t"re City of Paducah Fire Chief, the option for an additional one-year renewal ending December 31, 20t7 upon mutual agreement of both parties. account. SECTION 3. These purchases shall be charged to Firc I lose — Rescue Equipment SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, June 9, 2015 Adopted by the Board of Commissioners, June 16, 2015 Recorded by Tammara S. Sanderson, City Clerk, June 16, 2015 Published by The Paducah Sun, lordlfirelbreathing apparatus 6-20t5 Paducah City Commission Meeting Date: June 9. 2015 Short Title: Final annexation of property owned by Burton 4, L_1'_" Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin, Joshua P. Sommer Presentation By: Stephen Ervin Background Information: Funds Available: Account Name; N A Account Number; N A Motion: The intent of' this agenda item is to armex 81 k, 91 Plantation Drive and 2855 Lone Oak Road into the City of Paducah. The Banks Market grocery store. gasoline primps and a strip retail/medical center are located on these Wo parcels. NIr. Burton Washburn, attorney for and manager of Murton 4. LLC; requested annexation into the City via letter dated 1/lay 151 2015. The Cite Commission adopted Ordinance 92015-5-8243, which expressed the City's intent to annex this prxperty on Ivlay 26, 2015. Tile property was th-,n referred to the Paducah Planning Commission to recommend a proper zone to the C111, Commission, which is for Highway Business District. This Ordinance will officially annex ilio t�wo parcels, as shown on the enclosed plat. Staff" Recommendation - Staff reeom,nen:is approval to adopt the Final annexation ordi.tiance. Finance Attachments: Planning Commission Resolution Zone Change Map ORDINANCE NO. 2015 -6 - AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH. KENTUCKY, BY FINALIZING THE ANNEXAV-)IV OF CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIDdITS OF THE CITY OF PADUCAH. AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS WHEREAS, the City adopted Ordinance No. 2W -8243 on May 26. 2015, declaring its intent to annex a tract of property containing 5,939 acres located at M55 Ione Oak Road and 81 & 91 Plantation Drive: and WHEREAS. the tracts of property are contiguous tr+the present city limits. is urban in character and is currently commercially developed; and WHEREAS, and the owner requested such annexAjon In writing to the Board of Commissioners of the City of Paducah. BE IT ORDAINED BY THE CITY OF PADUCAh. KENTUCKY: SECTION 1. It is the intent of the City of Paducah. Keattucky. to finalize the annexation of the hereinafter described property. and therefore t&:u Lbe hereinafter described property be annexed to, and be made a part of the City of Paducah. Kelittreky said real property being more particularly and accurately described as follows: CITY OF PA-DUCAH ANNEXATION LEGAL DESCRIPTION FOR THE BURTON 4, LLC PROPERTY A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3443 and being generally located west of U.S. Highway 45 (a.k.a. Lone Oak Road), Paducah., {McCracken County, Kentucky, more particularly described as: Beginning at a point located on U.S. Highway 45's east right-of-,na1 Dine and being SOS°45'52"E a distance of 51.27 ft. from the U.S. 45 and Plantat on Drive intersection, said point also being 30.00 ft. at right angies from U.S. Highway 45'sc"terline and being the existing city limits of Paducah; Thence with U.S. Highway 45's east right-of-way line S32°11'40'14 a distance of 204.37 ft. to a point; Thence continuing with U.S. Highway 45's east right-of-way line 1,58109'59"E a distance of 6.00 ft. to a point; Thence continuing with U,S. Highway 45's east right-of-way line 531°51'50"W a distance of 119.49 ft, to a point; Thence continuing with U.S. Highway 455 east right-of-way line 531°39'00"W a distance of 31.60 ft. to a point; Thence continuing with U.S. Highway 45's east right-of-way line N=:;B°21'00"W a distance of 6.00 ft, to a point: Thence continuing with U.S. Highway 45's east right-of-way line 5"32105'44'W a distance of 6.91 ft. to a point; Thence continuing with U.S. Highway 45's east right-of-way line zn-d being a curve to the right, having a chord bearing of S32°23'28"W, a chord distance,-) 49.97 ft., an arc distance of 49.97 ft. and a radius of 2576.43 ft. to a point; Thence crossing U.S. Highway 45 and with the north right-of-wayline of Maryland Street N79126'27"W a distance of 271.30 ft, to a point; Thence continuing with Maryland Street's north right-of-way line, nd being a curve to the left, having a chord bearing of N85'45'00"W, a chord distance 0 102.36 ft.. an arc distance of 102.57 ft. and a radius of 465.74 ft. to a point: Thence continuing with Maryland Street's north right-of-way Sine S87°56'27"W a distance of 81.89 ft. to a point, said point being the southwest corner of the Burton 4, LLC property (recorded in Deed Book 1253, Page 570); Thence leaving Maryland Street's north right-of-way line and with the west line of the above said Burton 4, LLC property N04°04'30"E a distance of 303.17 ft, to a point, said point being in the existing city limits of Paducah ; Thence continuing with the above said property's west property it and with the existing city limits of Paducah S80°26'22E a distance of 30.81 ft. to a point: Thence continuing with the above said property's west property ine and with the existing city limits of Paducah N09°33'38"E a distance of 200.00 ft. to a pout, said point being located in Plantation Drive's south right-of-way line; Thence with Plantation Drive's south right-of-way line and with the existing city limits of Paducah S80°26'22" E a distance of 368.09 ft. to a point; Thence continuing with Plantation Drive's south right-of-way line and with the existing city limits of Paducah, being a curve to the right, having a chord bearing of S69°18'10"E. a chord distance of 77.26 ft., an arc distance of 77.75 ft. and a radius of X00.00 ft. to a point; Thence continuing with Plantation Drive's south right-of-way line and with the existing city limits of Paducah S58°09'57"E a distance of 81.02 ft. to a point. said point being located in U.S. Highway 45's west right-of-way line; Thence with U.S. Highway 45's west right-of-way line and the exi,ti ng city limits of Paducah S38°57'33"W a distance of 15.74 ft. to a point; Thence leaving U.S. Highway 45's west right-of-way line, with theeristing city limits of Paducah and crossing U.S. Highway 45 S58°09'57"E a distance J ;06,28 ft. to the Point of Beginning; The above described Tract contains 5.939 acres. The above described tract is the entire Burton 4, LLC property(resorded in Deed Book 1253. Page 570) and a part of Commonwealth of Kentucky • U.S. High«ay 45 right-of-way, The above described Tract is not for Land Title Transfer but for aioexation proposes only. SECTION 2. This ordinance shall be react on twG separate days and %Gill hecome effective upon summary publication pursuant to KRS Cloj-ter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners. June 9, 2015 Adopted by the Board of Commissioners, June 16, 2015 Recorded by Tammara S. Sanderson. City Clerk, June 16, 2015 Published by The Paducah Sun. lordlplanlanne,x — intent (Banks) 2855 Lone Oak Rd and 81 & 91 Plantation Dr ® L� Li W (DD o a (ID 11) (D -� ro CD (D (n cD W(Do o c CD -0 (�D Q) (OD � � - d CD (n (D C (D CD O6 a 5 `� .--. 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(jJ• /�' A (y� ' O C7 }O �j x 00 0 J 2-U lJ m • J (D m (DD n (D o ` ^ O a (D c coo 0� O a C0- (/) (D o O O O fD fD Qv O i1 C7 (D @c (D S (� 91 -- :,7z o -lu cD �ro rn0 -0 �' m In CDD O ®� n (D co M ° o- x c ci (D C) cin b �� CD o JJ Er I (p ga (D. cD ro Cl)w (Dc o' •�' x. �i �j (D o Z5(n o_ cn IDt-�? � �U Sri (V i O� (D () r" > —� t7 e� U) O co OD 0 C!� (D o m � Cb O ¢ cl, � f + O C' 7 CD ro r-4- (D O CD 0 p �o Q O 0 (D n to tD ' (D �^ (n .aro. o n 73 �� < ro (n Q .-, -, O C � cis O p ` � �b O CR C CO `C3 3 N , (D to cn ro 00 o W c� = � (D �D CD o Zco _ nom, 77 CD -Tl � CD i 0 crm 490 U2 19 to Agenda Action Form Paducah City Commission Meeting Date: June 9, 2015 Short Title: Banks Market Area Zone Change Ordinance ® Emergency ❑ municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin, Joshua P. Sommer Presentation By: Stephen Ervin Background Information: Key Components: The applicant, Burton 4 LLC, is requesting a zone change for 81 & 91 Plantation Drive and 2855 Lone Oak Road fitorn R-1 (Low Densis Residential Zoii0 to HBD (Highway- Business District). This site contains the Banks i'vlarket, gasoli«e station and a strip center. Retail, gasoline sales and medical offices are principally permitted in the HBD Zone, pursuant to Section 126-116 (1) of the Paducah Zoning Ordinance. The property to the north of these parceis are zoned HBD. Therefore, this Mould be a continuation of the Highway BUsin-_Ss District. Site Data, Area: 5.939 acrys Public Utilities Adequate water service availabh. Public Services: Sanitation, police and fire service available. Physical Characteristics: Grocery store, retail medical strip center. 4gasoline station. Development Plan: and sc��,-r This site is already developed ktiith commercial buildings. It cort,iiris the Banks Nfarket, gasoli_�e station and retail/medical strip center. Land Use Patterns: The area around these parcels is urban in character. Lone Oak Road is the major arterial which carries traffic to various large residential subdivisions. Adjacent Properties: North: Across Plantation Drive are the Pain Management Center and two small offices. East: Across Lone Oak Road are a cemetery and various commercial businesses. South: Across Maryland Street is a music store and various bus nesses. West: Storage units, vacant lots. Zoning: Hi`h�vay Business District to the North. "These parcels are surrounded by iVlcCracken County cin the Fast, South and West. The parcels are proposed to be rezoned to HBD as described in Section 126-116 of the Paducah Zoning Ordinance. Findings required for map amendment: KRS — 100.21,E Before any map amendment is granted, the Plaiming Commission must find that the map amendment is in agreement with the comprehensive plan, or in the absence of such a Finding, that one or more of the Following apply and such findings shall be recorded in the minutes and records of the Planning Commission and City Com;iission: That the existing zoning classification given to the property is inappropriate and the proposed zoning classification is appropriate, or That there hay e been major changes of an economic, physical or social nature within the area involved which xcre not anticipated in the comprehensive plan and which have substantially altered the basic character of the area. Staff Analysis — The area to be re -zoned is in compliance with the Future Land Use Map. "The Future Land Use Nlap shows the area to be zoned "Commercial". A grocery store, gasoline station and retail/medical uses are principally permitted in the Highway Business District. Staff Recommendation: Staff recommends approval to the Paducah City Commission for the Highway Business District. The Planning Commission forwarded a recommendation to the City Commission for the HBD A their June I. 2015 meeting. Funds Available: Account Name: N A y Account Number: N'A J finance Motion Attachments Planning Commission Resolution Zone Change Vtap Department Head City Clerk City Manager ORDINANCE NO, 2015 -6 - AN ORDINANCE APPROVING THE FINAL REPC)RT OF THE PADUCAH PLANNUNG CONINIISSION ON THE PROPOSED ZONE CHANCE FOR PROPERTY LOCATED AT 81 & 91 PLANTATION DRIVE AND 2855 LONE OAK ROAD, AND A.IJENDLNG THE PADUCAH ZONING ORDINANCE SO AS TO I..FFECT SUCH REZONING BE IT ORDAINED BY THE CITY OF PADUCAH, -,ENTUCKY: SECTION 1. That a Resolution passed by the Paducah Planning Commission on June 1. 2015. and entitled, "A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONING CHANGE FROM R-1 (LOW DENSITY RESIDENTIAL ZONE) TO HBD (H16II1,VAY BUSfNESS DISTRICT) FOR PROPERTY LOCATED AT 81 & 91 PLANTATION DRIVE AND 2855 LONE OAK ROAD" be approved as the final report of said Cornniks ;on respecting the matters therein set forth. SECTION 2. That the zone classification and the ma, amendment proposed in said resolution be and the same are hereby declared to be in agreemccl with the Comprehensive Platt of the City of Paducah. SECTION 3. That the zone classification of the follu�,. ing described property be and it is hereby changed front R- I to Highway Business District (HBD 1: A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located west of U.S. Highway 45 (a.k.a. Lone Oak Road). Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point located on U.S. Highway 45's east rlght-of-way I re and being S05°45'52"E a distance of 51.27 ft, from the U.S. 45 and Plantation Drive intersecticri. said point also being 30.00 ft. at right angles from U.S. Highway 45's centerline and being the existing city limits of Paducah; Thence with U.S. Highway 45's east right-of-way line S32°11'40"W a distance of 204.37 ft. to a point; Thence continuing with U.S. Highway 45's east right-of-way line S581-09 59"E a distance of 6.00 ft. to a point; Thence continuing with U.S. Highway 45's east right-of-way line S31'51 50"W a distance of 119.49 ft. to a point; Thence continuing with U.S. Highway 45's east right-of-way line S31`39'00"W a distance of 31.60 ft. to a point: Thence continuing with U.S. Highway 45's east right-of-way line N58'2100"W a distance of 6,00 ft. to a point; Thence continuing with U.S. Highway 45's east right-of-way line S32"05 44"W a distance of 6.91 ft, to a point; Thence continuing with U.S. Highway 45's east right-of-way line and oainga curve to the right, having a chord bearing of S32°23'28"W, a chord distance of 49.97 ft., an a;c distance of 49.97 ft. and a radius of 2576.43 ft. to a point; Thence crossing U.S. Highway 45 and with the north right-of-way line of Maryland Street N79126'27"W a distance of 271.30 ft. to a point; Thence continuing with Maryland Street's north right-of-way line and being a curve to the left, having a chord bearing of fd85°45'00"W, a chord distance of 102.36 ft.. air arc distance of 102.57 ft, and a radius of 465.74 ft. to a point; Thence continuing with Maryland Street's north right-of-way line S87'S5'27'W a distance of 81.89 ft. to a point, said point being the southwest corner of the Burton 4, LLC property (recorded in Deed Book 1253, Page 570); Thence leaving Maryland Street's north right-of-way line and with the Nest line of the above said Burton 4, LLC property N04°04'30"E a distance of 303.17 ft. to a poiatsaid point being in the existing city limits of Paducah ; Thence continuing with the above said property's west property line a -id with the existing city limits of Paducah 580°26'22"E a distance of 30.81 ft. to a point; Thence continuing with the above said property's west property line and with the existing city limits of Paducah N09°33'38"E a distance of 200.00 ft. to a point, said pont being located in Plantation Drive's south right-of-way line; Thence with Plantation Drive's south right-of-way line and with the e.\isting city limits of Paducah 580°26'22"E a distance of 368-09 ft. to a point; Thence continuing with Plantation Drive's south right-of-way line and with the existing city limits of Paducah, being a curve to the right, having a chord bearing of S69118'10'E. a chord distance of 77.26 ft., an arc distance of 77.75 ft. and a radius of 200.00 ft. to a point; Thence continuing with Plantation Drive's south right-of-way line and MIM the existing city limits of Paducah 558°09'57"E a distance of 81.02 ft. to a point, said point bein„focated in U.S. Highway 45's west right-of-way line; Thence with U.S. Highway 45's west right-of-way line and the existing ;ity limits of Paducah S38°57'33"W a distance of 15.74 ft, to a point; Thence leaving U.S. Highway 45's west right-of-way line, with the exis16)g city limits of Paducah and crossing U.S. Highway 45 S58°09'57"E a distance of 106.28 ft. to tha Point of Beginning; The above described Tract contains 5.939 acres. The above described tract is the entire Burton 4, LLC property (recoraac in Deed Book 1253, Page 570) and a part of Commonwealth of Kentucky - U.S. Highway 45 rlgtht-of-way. The above described Tract is not for Land Title Transfer but for annexation proposes only. SECTION! 4. That if any section, paragraph or provi�.ion of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the defi:iency or invalidity of such vection. paragraph or provision shall not affect any other section. pan raph or provision hereof. it heing the purpose and intent of this ordinance to make each and e5er\ section. paragraph and provision hereof separable from all other sections. paragraphs and prr,;-isions. SECTION( 5. This ordinance shall be read on two separate days and will hecarne effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk introduced by the Board of Commissioners. June 9, 2015 Adopted by the Board of Conunissioners, June 16, 2015 Recorded by Tammara S. Sanderson, Cit}' Clerk, June 16. 2015 Published by the Paducah Sun, W&planlzonelbanks property -2855 lone oak rd and 31 &- 91 plantation dr A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONING CHANGE FROM R-1 (LOW DENSITY RESIDENTIAL ZONE) TO HBD (HIGHWAY BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 81 & 91 PLANTATION DRIVE AND 2855 LONE OAK ROAD. '�,gHEREAS, a hearing on said proposed zoning was held on June 1, 2015 by the Paducah Planning Commission after advertisement pursuant to law, and WHEREAS, said Commission has duty considered said proposal and ltas heard and considered the objections and suggestions of all interested parties who appeared at said hearing, and WHEREAS, the existing zoning, R-1 (Low Density Residential), is inappropriate and HBD (Highway Business District) is appropriate. and WHEREAS, Burton 4, LLC has petitioned ttte City of Paducah for annexation, and WHEREAS, the Future Land Use Map of the City of Paducah reflects said parcel to be zoned commercial. NOW THEREFORE, BE IT RESOLVED BY THE PADUCAH PLANNING COMNRSSION: SECTION I. That this Commission recommend to the Mayor and the Board of Commissioners of the City of Paducah the amendment of the Paducah Zoning Ordinance so as to change the zoning for the aforementioned area from R-1 (Low Density Residential Zone) to HBD (Highway Business District) and being more particularly described as follows: A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S. #3445 and being generally located west of U.S. Highway 45 (a.k.a. Lone Oak Road), Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point located on U.S. Highway 45's east right-of-way Sine and being S05°45'52"E a distance of 51.27 ft. from the U.S. 45 and Plantation Drive intersection, said point also being 30.00 ft. at right angles from U.S. Highway 45's centerline and being the existing city limits of Paducah; Thence with U.S. Highway 45's east right-of-way line S32°11'40"W a distance of 204.37 ft. to a paint; Thence continuing with U.S. Highway 45's east right-of-way line S58°09'59"E a distance of 6.00 ft. to a point; Thence continuing with U.S. Highway 45's east right-of-way line S31°51'50"W a distance of 119.49 ft. to a point; Thence continuing with U.S. Highway 45's east right-of-way line S31139'00"W a distance of 31.60 ft, to a point; Thence continuing with U.S. Highway 45's east right-of-way line N58°21'00"W a distance of 6.00 ft. to a point; Thence continuing with U.S. Highway 45's east right-of-way line S32°05'44"W a distance of 6.91 ft. to a point; Thence continuing with U.S. Highway 45's east right-of-way line and bei,,f; is curve to the right, having a chord bearing of S32123'28"W, a chord distance of 49.97 ft., an arc distance of 49.97 ft. and a radius of 2576.43 ft. to a point; Thence crossing U.S. Highway 45 and with the north right-of-way line of Maryland Street N79°26'27"W a distance of 271.30 ft. to a point; Thence continuing with Maryland Street's north right-of-way ilne and being a curve to the left, having a chord bearing of N85°45'00"W, a chord distance of 102.36 ft., an are elstance of 102.57 ft. and a radius of 465.74 ft. to a point; Thence continuing with Maryland Street's north right-of-way line S87°56'27"W a distance of 81.89 ft. to a point, said point being the southwest corner of the Burton 4, LLC property (recorded in Deed Book 1253, Page 570); Thence leaving Maryland Street's north right-of-way line and with the west tine of the above said Burton 4, LLC property N04104'30"E a distance of 303.17 ft. to a point, said point being in the existing city limits of Paducah ; Thence continuing with the above said property's west property fine and with the existing city limits of Paducah S80126'22"E a distance of 30.81 ft. to a point; Thence continuing with the above said property's west property line and with the existing city limits of Paducah N09133'38"E a distance of 200.00 ft, to a point, said point being located in Plantation Drive's south right-of-way line; Thence with Plantation Drive's south right-of-way line and with the existing city limits of Paducah S80°26'22"E a distance of 368.09 ft. to a point; Thence continuing with Plantation Drive's south right-of-way line and with the existing city limits of Paducah, being a curve to the right, having a chord bearing of SW1810"E, a chord distance of 77.26 ft., an arc distance of 77.75 ft. and a radius of 200.00 ft. to a point; Thence continuing with Plantation Drive's south right-of-way line and with the existing city limits of Paducah S58°09'57"E a distance of 81.02 ft. to a point, said point be ng located in U.S. Highway 45's west right-of-way line; Thence with U.S. Highway 45's west right-of-way line and the existing city limits of Paducah S38°57'33"W a distance of 15.74 ft. to a point; Thence leaving U.S. Highway 45's west right-of-way line, with the existing city limits of Paducah and crossing U.S. Highway 45 S58109'57"E a distance of 106.28 ft. to the Point of Beginning; The above described Tract contains 5.939 acres. The above described tract is the entire Burton 4, LLC property (recorded in Deed Book 1253, Page 570) and a part of Commonwealth of Kentucky - U.S. Highway 45 right-of-way, SECTION 2. That if any section, paragraph or provision of this Resolution shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this Resolution to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. hairwoman Crecelius Adopted by the Paducah Planning Commission on Pune 1, 2015 150601-1 Agenda Action Form Paducah City Commission Meeting Date: June 9, 2015 Short Title: Authorize an Agreement with HDR Engineering, Inc., for Engineering Services Required to Develop and Manage a Request for Proposals to Obtain a New Contract for a Solid Waste Transfer Station and Related Solid Waste Services ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Chris Yarber, EPW Operations Manager Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: In 1994, due to the closure of the City -County landfill, solid waste services were requested and an agreement was executed in 1995 with Commercial Waste Disposal, Inc., (now Republic Services of Kentucky. LLC), to provide disposal of municipal solid waste for the City of Paducah and to provide the collection and transportation of recyclable materials within McCracken County. The term of the Solid Waste Agreement was for ten years with two consecutive five year renewal terms which will expire on June 30, 2015. At this time, in order to obtain a new Agreement with a solid waste company, HDR Engineering, Inc., has proposed to provide engineering services necessary to develop and manage a Request for Proposals (RFP) for Solid Waste Services in the amount not to exceed $51,327. The RFP will include the following solid waste services: • Receipt of the collected municipal solid waste at an existing or proposed transfer station facility • Provide a safe and acceptable drop-off area for recyclables generated within and accessible to all Paducah -McCracken County citizens • Transportation of all waste and recyclables received and managed at the solid waste transfer station to the respective disposal facility or market. After the RFPs are received, HDR will assist with the evaluations of the proposals, review the solid waste companies' qualifications, make a recommendation for award and assist with the development of the new Solid Waste Service contract. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Agenda Action Form Page 2 Funds Available: Account Name: SW Services Other S �� Account Number: 050-2208-53t-2307 Finance LV Staff Recommendation: To adopt an Ordinance authorizing the Mayor to execute an Agreement with HDR Engineering, Inc., for engineering services required to develop and manage a Request for Proposals (RFP) to obtain a new Contract for a Solid Waste Transfer Station and Related Solid Waste Services to be utilized by the City of Paducah and McCracken County in the amount not to exceed 551.327. Attachments: Proposed HDR Agreement Depart nt He d City Clerk Cry Manag ORDINANCE NO, 2015,6 - AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A SHORT FORM AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES REQUIRED TO DEVELOP AND MANAGE A REQUEST FOR PROPOSALS TO OBTAIN A NEW CONTRACT FOR A SOLID WASTE TRANSFER STATION AND RELATED SOLID WASTE SERVICES, kND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT BE IT ORDAINED BY THE BOARD OF COMMISS[OtNERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION L Recitals and Authorization. The City hereby approves the Short Form Agreement between the City of Paducah and 14DR Engineering., Inc., for professional engineering services required to develop and manage a request for proposals to obtain a new contract for a solid waste transfer station and related solid waste services. Further, the Mayor of the City is hereby authorized to execute the Agreement. SECTION 2, Compensation. The City shall compensate €IDR Engineering, Inc., in an amount not to exceed 551,327. Said compensation paid by the City shall be funded through account 050-2205-531- 2307. SECTION 3. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 4. Compliance With Open Lkieetinas Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance aeae taken in an open meeting of this City Commission, and that all deliberations of this City Commission andol its committees, if any. which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 5. Conflicts. All ordinances, resolutions, orders Nparts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 6. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 42.1. !Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, June 9, 20t 5 Adopted by the Board of Commissioners, June 16, 2015 Recorded by Tammara S. Sanderson, City Clerk, June 16, 2015 Published by The Paducah Stat, lordlenglagree-hdr engineering -transfer station & solid waste SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this day of 20between the City of Paducah, Kentucky ("CLIENT, and HDR ENGINEERING, INC., ("ENGINEER") a Nebraska corporation, with principal offices at 8404 Indian Hills Drive, Omaha, Nebraska, 68114 for services in connection with the project known as Solid Waste transfer, Haul and Disposal RFP Development ("Project"); WHEREAS, CLIENT desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF CLIENT The CLIENT shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of - lump sum. The amount of the lump sum is FIFTY-ONE THOUSAND THREE HUNDRED TWENTY SEVEN Dollars ($51 3, 27.00). Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in advance for Scope of Services. SECTION V. PERIOD OF SERVICE Agreement for Professional Services 1 9-2014 Upon receipt of written authorization to proceed, ENGINEER shall perform the services described in Exhibit A within a reasonable period of time. SECTION VI. SPECIAL PROVISIONS None. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of Paducah "CLIENT" BY: NAME: TITLE: ADDRESS: HDR ENGINEERING, INC. "ENGINEER" BY: NAME: TITLE: ADDRESS: Agreement for Professional Services 2 9-2014 EXHIBIT A SCOPE OF SERVICES EXHIBIT A SCOPE OF SERVICES FOR THE PADUCAH,KY SOLID WASTE TRANSFER, HAUL AND DISPOSAL OPERATIONS REQUEST FOR PROPOSALS DEVELOPMENT AND PROCUREMENT MANAGEMENT Prepared by HDR Engineering, Inc. PROJECT OBJECTIVE The purpose of this scope of work is to describe the objectives, activities, deliverables, key assumptions, and approach that HDR will utilize to develop and manage a request for proposals (RFP) for the City of Paducah and McCracken County, KY (Client) to use in soliciting proposals from companies that are interested in providing the following services: 1. Receipt of Paducah -McCracken County collected solid waste at an existing or proposed transfer station facility. 2. Haul and disposal of all received waste at the facility. 3. Providing a safe and acceptable drop-off area forrecyclables generated within, and accessible to all Paducah -McCracken County residents. 4. All processing, marketing and sale of all received recyclables. MSW TRANSFER. HAUL AND DISPOSAL RFP Task 100 — RFP Development The purpose of this task is for HDR to develop a request for proposal (RFP) to assist the Client in soliciting proposals from companies that are interested in providing all of the following services: • Receipt of all Client's collected solid waste at an existing or proposed transfer station facility; • Providing a safe and acceptable drop-off area for recyclables generated within, and accessible to all Paducah -McCracken County residents; and • Transportation of all waste and recyclables received and managed at the facility(ies) to their respective disposal facility or markets. Services Provided by HDR: 1. Initiate and participate in one (1) project kick-off meeting with the appropriate local authorities to discuss the project communication, roles, goals and objectives, operational details, and the basis for request for proposal development. Discussion to include the Paducah, KY —Transfer, Haul & Disposal RFP 1 June 2015 RFP outline, draft schedule and any specific requirements the Client would like to incorporate in the RFP. 2. Prepare a draft outline of the RFP document and submit to Client for review. Provisions will be made to include background information, historical tonnages managed by category, instructions to proposers, description of required proposal format and content, evaluation criteria, and review schedule, 3. Develop a description of requested services, submittal requirements, and pricing structure. 4. Determine minimum qualifications and experience requirements for RFP respondents. 5. Develop evaluation criteria outlining metrics for proposal review. 6. Prepare a detailed RFP document incorporating information developed above and any additional performance requirements requested by the Client. 7. Submit draft RFP document to Client for review. Organize and conduct meeting with City staff in review of draft RFP. 8. Resolve Client comments and issue final RFP document. 9. Provide support to the Client in responding to questions received during the solicitation and prepare addenda as required. Deliverables: 1. Draft outline of RFP document. 2. Draft copy of RFP, 3. Final RFP document. 4. Addenda documentation as required. Clarifications/Key Understandings: 1. Client to provide all available and required background information, 2. Client to provide requirements of RFP format and information to be incorporated. 3. Services will be solicited through the issuance of a single RFP. 4. Client to prepare and coordinate solicitation notice, consistent with City procedures, and issue the RFP to prospective proposers. Anticipated Meetings: Meetings or conference calls will be attended at the following milestones: • Kick-off meeting (Conference call) • Conference call to review draft RFP outline, • Meeting to review draft RFP (PM will attend in person), and • Conference call for final review before publication of RFP. Task 200 — Contract Preparation and Review The Client's attorney will prepare the contract document based on the established contract terms and conditions. HDR will secure the services of an experienced attorney/firm for the review of the Client -prepared contract document. Paducah, KY — Transfer, Haul & Disposal RFP 2 June 2015 Services Provided: 1. Develop draft term sheet with proposed terms and conditions specific to the requested services and submit to Client for review. 2. Coordinate and participate in conference call with Client for discussion and resolution of Client comments. 3. Finalize and issue final contract term sheet for inclusion into RFP. Deliverables: 1. Draft proposed terms and conditions for Client review. 2. Revise draft term sheet based on Client comments. 3. Final term sheet for RFP. 4. HDR's contracted attorney review of final contract prepared by Client's attorney. Clarifications/Key Understandings: 1. Client to provide requirements of contract and any specific information that needs to be incorporated into term sheet. 2. Term sheet will be written for issuance of a single RFP. 3. HDR contracted attorney will provide review of Client's attorney drafted agreement, and make suggestions regarding areas of improvement. Attorney's review is not intended to provide context verbiage for direct incorporation into contract. Anticipated Meetings: Meetings or conference calls will be attended at the following milestones: • Conference call to discuss requirements of contract and incorporation of specific information. • Conference call for clarification/discussion of HDR's contracted attorney's review of contract. Task 300 — Proposal Evaluation and Recommendation This task addresses technical and financial review of proposals, and providing recommendations for contract award. Services Provided by HDR: 1. Perform a completeness review of proposals received based on RFP requirements, and relate findings to Client staff. 2. Make recommendation to Client regarding firms, if any, that HDR believes are non- responsive or otherwise should not be considered further. 3. Review contractor's experience, project approach, and proposed pricing structure. 4. Review project references offered by the contractor. 5. Review the technical feasibility of the proposed operational strategies, including contractors experience on similar service contracts. Paducah, KY—Transfer, Haul &Disposal RFP 3 June 2015 6. Conduct online meeting to discuss results of preliminary evaluation with Client. 7. Provide recommendation of award to Client with supporting documentation. Deliverables: 1. Draft preliminary evaluation summary. 2. Recommendation for award. Clarifications: 1. HDR's base proposal does not include coordination or participation in contractor interviews. This effort is considered to be an additional service, for which a proposal will be provided to Client on determination of need and level of involvement defined. 2. Extensive reviews of multiple alternative offerings may result in a request for adjustment to scope and fee. 3. HDR's base proposal does not include any review of the submitted proposals by HDR's contracted attorney. Anticipated Meetings: 1. Conference call with Client to review preliminary findings and draft summary. 2. Conference call with Client to review recommendation for award. BUDGET Following is a summary of the budgeted fees for the proposed work. Task 100 — RFP Development.................................................................. $25,568 Task 200 — Contract Preparation and Review ........................................... $13,768 Task 300 — Proposal Evaluation and Recommendation ........................... $11,991 TOTALBUDGET......................................................................................$51,327 Notes: 1. Budgets presented above include estimated travel and direct expenses, as defined in scope. 2. HDR's contracted attorney's cost is based on 20 hours for review of contract and discussion of comments with Client, which is included in Task 200 pricing. 4 rune tuts Paducah, KY —Transfer, Haul & Disposal RFP EXHIBIT B TERMS AND CONDITIONS HDR Engineering, Inc. Terms and Conditions for Professional Services STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreem ent vvill be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. INSURANCE/INDEMNITY ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employers Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily Injury and property damage covering all vehicles, including hired vehicles, owned and non -owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal Injury and property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. CLIENT shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of Insurance will be furnished to the CLIENT. ENGINEER agrees to indemnify CLIENT for claims to the extent caused by ENGINEER's negligent acts, errors or omissions. However, neither Party to this Agreement shall be liable to the other Party for any special, incidental, indirect, or consequential damages (Including but not limited to loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; and/or cost of capital) arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to any such damages caused by the negligence, errors or omissions, strict liability or breach of contract. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of Information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost wilt not vary from opinions of probable cost ENGINEER prepares. CONSTRUCTION PROCEDURES ENGINEER'S observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from Its responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. CLIENT agrees to include ENGINEER as an indemnified party in CLIENT's construction contracts for the work, which shall protect ENGINEER to the same degree as CLIENT. Further, CLIENT agrees that ENGINEER shail be listed as an additional insured under the construction contractors liability insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services are performed, 6. SERVICES AND INFORMATION CLIENT will provide all criteria and information pertaining to CLIENT's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. CLIENT will also provide copies of any CLIENT -furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. CLIENT will furnish the services of soils/geotechnical engineers or other consultants that include reports and appropriate professlonal recommendations when such services are deemed necessary by ENGINEER. The CLIENT agrees to bear full responsibility for the technical accuracy and content of CLIENT-fumished documents and services. in performing professional engineering and related services hereunder, it is understood byCLiENT that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the CLIENr's sole responsibility to obtain the advice of an attorney, insurance course lorof accountant to protect the CLIENT's legal and financial interests- To that end, the CLIENT agrees that CLIENT or the CLIENT's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared orprovided by ENGINEER, and will obtain the advice of an attorney, Insurance counselor or other consultant as the CLIENT deems necessary to protect the CLIENT's interests before CLIENT takes action or forebears to take a. -tion based upon or relying upon the services provided by ENGINEER 7, SUCCESSORS AND ASSIGNS CLIENT and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal represenlatives to the covenants of this Agreement. NsilherCLIENT nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. RE -USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER rela�ns CLIENTship of all such documents. CLIENT may retain copies cf the documents for its information and reference in connection Wti the project; however, none of the documents are intended or represented to be sultaNe for reuse by CLIENT or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at CLIENT's sole risk and without liability or legal exposure to ENGINEER, and CLIENT v0defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attorney's fees, arising or resulting there'rorn. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by CLIENT and ENGINEER. TERMINATION OF AGREEMENT CLIENT or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice to the other party. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will include a4 services and expenses associated with the project up to the effective date of termination. An equitable adjustment shalt also be made to provide for termination settlement costs ENGINEER Incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provis3n of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES ENGINEER 411 submit monthly invoices for services rendered and CLIENT will make prompt payments In response to ENGINEER's invoices. ENGINEERwtlt retain receipts for reimbursable expenses in general accordance with internal Revenue Service rules pertalning to the support of expenditures for Income tax purposes, Receipts will be available for inspection by CLIENT's auditors upon request. (5/2014) If CLIENT disputes any items in ENGINEER's Invoice for any reason, including the lack of supporting documentation, CLIENT may temporarily delete the disputed item and pay the remaining amount of the invoice, CLIENT will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special Invoice for the disputed item only. CLIENT recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess CLIENT interest at the rate of one percent (1%) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within thirty (30) days from the date of the invoice, In the event undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and In compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development servloes, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform CLIENT of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terns and Conditions shalt take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice -to -proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply Win the applicable provisions of federal and state Equal Employment Opportunity for individuals based on color, religion, sex, or national origin, or disabled veteran, recently separated veteran, other protected veteran and armed forces service medal veteran status, disabilities under provisions of executive order 11246, and other employment, statutes and regulations, as stated in Title 41 Part 60 of the Code of Federal Regulations § 60-1.4 (a -t), § 60.300.5 (a -e), § 60-741 (a e). 15. HAZARDOUS MATERIALS CLIENT represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, CLIENT represents that to the best of Its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both pasties that ENGINEER's scope of services do not include services related In any way to hazardous materials, In the event ENGINEER or any other party encounters undisclosed hazardous materiats, ENGINEER shall have the obligation to notify CLIENT and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to CLIENT, suspend performance of services on that portion of the project affected by hazardous materials until CLIENT: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. CLIENT acknowledges that ENGINEER Is performing professional services for CLIENT and that ENGINEER is not and shall not be required to become an "arranger,,. "operator," "generator," or °transporter" of hazardous materials, as defined In the Comprehensfre [Fnvironmental Response, Compensation, and Liability Act of 1890 (CERCLA), whlch are or may be encountered at or near the project site inconhection.with ENGINEER's services under this Agreement. If ENGINEER's services hereunder cannot be performed because of tha existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, CLIENT shall inderrrify and hold harmless EN3INEER, its officers, directors, partners, employees, and subconsultan's from and against all costs, losses, and damages (including butnotlimited to all fees and charges of engineers, architects, atkarneys, and other professionals, and all court or arbitration or other dlspcte resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily Injury, sickness, disease, or death, or Injury to or destruction of tangible property (other than compieted Work), Including the loss of use resulting therefrom, and (fi) nothing in this paragraph sh311 obligate CLIENT to indemnify any individual or entity from and age:nst the consequences of that individual's or entity's sole negligence or millrul misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and CLIENT, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument dulyexecuted by the parties. 17. ALLOCATION OF RISK CLIENT AND ENGINEER HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING ENGINEER'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE RISKS, SO, TO THE FULLEST EXTENT PEHI41tTTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ENGINEER (AND ITS RELATED CORPORATIONS, SUBCONSU_TANTS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $100,000 ORITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF ENGINEER'S SERVICES OR THIS AGREEMENT' REGARDLESS OF CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY, THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGEIS PAID UNDER ENGINEER'S COMMERCIAL GENERAL LIABILITY INSURANCE POLICY, 18. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, government inquiry or other legal process related to the services in connection µ11h a legal or dispute resolution proceeding to which ENGINEER's not a party, CLIENT shail reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard fatesfer reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 19. UTILITY LOCATION If underground sampling/testing is to be performed, a local utility locating service shat, be contacted to make arrangements for all utilities to determine the location of underground utilities. In addition, CLIENT shall notify ENGINEER of the presence and location of any underground utilities located on the CLIENT's property which are not the responsibility of private/public utilities. ENGINEER shall take reasonable precautions to avoid damaging underground utilities that are property marked. The CLIENT agrees to waive any claim against ENGINEER and will indemnify and hold ENGINEER harmless from any claim of liability, injury or loss caused by or ;5�legedly caused by ENGINEER's damaging of underground utilities that are not property marked or are not called to ENGINEER's attention prior to beginning the underground samplingitesting. Terms & Conditions for Professional Services 2 (5/2014) hdrinc.com Amne 2, 2,015 W. Chfis Yadw Operations Manager City of Paducah 30 nth 6"h street Paducah, Kentucky 42002-2267 SUBJECT: C Vection and Transfer Operatbns Revised Proposal for Request for Proposals (RFP) Development Dear Mr. Yarber, Please find our revised proposal attached for development of the request for proposals for solid waste transfer, haul and disposal operations. Based on our discussion yesterday, we have modified the scope of services to ilmit our contracted attorney's effort to providing a review of the drafted contract agreement by the City's attomey. As with our original proposal, this effort will be performed by Hawkins, Delafield & Wood, LLP, as a subcontractor to HDR, in conjunction with this proposal. I have also attached our standard short form agreement- and contract terms and conditions for execution. Should you have any questions related to this proposal, please feel free to eontadt me. Sincerely, HOR Engineering, Inc. 5>*i �-- Robert J. Retia, PE, ENV SP aWor Yke Rvsldent ec: S. Washer K. De Lange K. Mosteller J. ReadtkV 40 s Ch" weal, Sites 000 3 iOM, Carrie", ►C 28201-8073 Ray 83"700 FN EDUCATION Master of Science, Civil Engineering (Geotechnical/Civil Engineering), Manhattan College, 1987 Bachelor of Science, Civil Engineering, Manhattan College, 1979 REGISTRATIONS ISI Envision Sustainability Professional, United States National Registration Professional Engineer - Florida, Georgia, Indiana, Maryland, New Jersey, New York, North Carolina, Pennsylvania, South Carolina PROFESSIONAL MEMBERSHIPS Solid Waste Association of North America (SWANA), Member INDUSTRY TENURE 35 years HDR TENURE 25 years Mr, Rella is a Civil Engineer experienced in all aspects of planning, engineering, design, and construction of power generating atcommercial, industrial, and public facilities. His experience includes project management, project feasibility studies, Engineer -of -Record evaluations, project financ°ng, site evaluations and testing, engineering analysis and design, contract negotiations, proposal evaluations, value engineering, and quality control. Mr. Rella has over 25 years of experience in the aalid waste industry, and has been involved in the planning, permitting, design, coistruction and monitoring of waste -to - energy facilities, landfills, transfer stations, materials recovery facilities, drop-off and convenience centers and composting facilities. Mr. Rella also serves as HDR's National Practice Leader for Solid Waste Facilities. In this role, he provides technical oversight and support on solid waste and facilities projects performed by HDR offices nationally. Nis involvement includes establishment of project teams, technical review, quality contra, production, client coordination and project execution. Spokane County, WA - Solid Waste TransferiDisposal Alternatives Study. Project Manager for the evaluation of the existtng transfer system operated by the City of Spokane, and the available regional transfer and disposal options available to the County when the interlocal agreements and contracts expire. This study included the development of cost center models and financial proformas to calculate annualized costs for comparison of all options. Currently assisting the County with the solicitation of proposals and selection of contractor for operation of transfer stations sold to the County by the City. Seattle Public Utilities, Seattle, WA - North Zecycling & Disposal Station Feasibility and Conceptual Design. QA/QC. HCR serves in a support services consulting role for Seattle Public Utilities (SPU) in developing conceptual design of a new transfer station to replace the existing Noft Recycling and Disposal Station. The project has involved extensive community outreach, technical evaluations, alternatives evaluation, conceptual design, design and construction bid document development, and cost estimating. OFFICE LOCATION City of Greensboro, Greensboro, NC. Project Director. Assisted HDR's Project Charlotte, NC Manager in the development and implementation of the City's overall solid waste management plan, including the development and design of a new 900 tpd (24,000 SF) municipal solid waste transfer station. This effort included planning, permitting, design, construction monitoring, financial analysis, request for proposal development, proposal evaluation and feasibility evaluations associated with solid waste collection and disposal. ROBERT RELLA FN City of High Point, Materials Recovery Facility Process Study, High Point, NC. Project Manager Performed a process study ofthe Material Recovery Facility (MRF) and made recommendations for upgrading the facility (equipment, conveyors, balers, etc.) or other processing options. Project activities involve evaluating current practices, recommending various options of modernizing/upgrading, determining possible capital costs, processing rates, and potential operational costs savings. Led design of selected processing option and prepared request for proposal documents, and performed proposal evaluation for recommendation for award. Dutchess County Resource Recovery Facility, Poughkeepsie, NY. Project Manager. Managed the modifications to the resource recovery facility (RRF). Plant modifications included bottom ash and fly ash system modifications, expansion of existing administration building, development and evaluation of materials recovery facility (MRF), design and construction monitoring of MRF building repairs and equipment installation, monitoring RRF facility performance, and miscellaneous tasks to support the Agency's facilities and operatiori. Construction activities included the preparation of contract documents, solicitation of proposals and bids for equipment and services, and evaluation of proposals received for award. New York City Department of Sanitation (NYC DOS), New York, NY. Design Leader. Design Leader for design and const=tion of a 16-tpd food waste composting facility. Responsibilities included coordinating all interdisciplinary activities, permitting, client interface, and overall management for the production of technical specifications and construction drawiags. Also served as the Design Leader for a 2,400-tpd transfer station facility constructed at the Fresh Kills Landfill. The facility included an intermodal rail haul fac€illy and associated ancillary structures. Responsibilities included coordination of interdisciplinary activities, client interface and management for the production of related technical specifications and construction drawings. MacArthur Resource Recovery Facility, Islip Resource Recovery Agency, Islip, NY. Project Manager. Led a project team responsible for developing major waste -to - energy facility modifications and enhancements, nonitoring facility performance, and conducting miscellaneous tasks to support theAgency's facilities and operation. The modifications included redesign and replacement of the superheater; design and construction of the waste transfer system; addlian of a two -cell air-cooled condenser; development of specifications and installation Of continuous emissions monitoring system; and design and construction of the ash handling and processing system. Construction activities included the preparation of contract documents, solicitation of proposals and bids for equipment and services, and evaluation of proposals received for award. Lee County, Materials Recovery Facility Expansion and Single -Stream Conversion, Lee County, FL. Design Lead. dee County had interest in expanding its dual -stream Recovered Material Processing Facility (MRF) to accept single stream recyclable materials. HDR was selected to perfc;rm design, permitting and construction observation and reporting. HDR assisted the County in selecting the process equipment to receive, process, and separate single -stream, commingled recyclable materials into dual streams (fiber and containe(s) for further processing in existing sorting and baling lines. Central Transfer Station, DeKalb County, GA, Project Director. Assisted HDR's Project Manager in the development and implementation of 1,700 ton per day (tpd) Central Transfer Station and administrative services complex. This effort includes the ROBERT RELLA �N design of anew 40,000 square foot transfer station facility and adjacent 21,000 square foot administration/office building. The facility became operational in December 2009, and received the 2010 SWANA Transfer Station Gold Award of Excellence in 2010. The Central Transfer Station has also been LEED certified. New Hanover County, NC — WASTEC Facility Evaluation. Project Manager for inspection and assessment of the existing condition of the waste -to -energy facility, and identify major repair and renovation requirements to restore the facility to its operating capacity and 90% availability. Within three days, HDR had mobilized a team of engineers to perform a condition assessment of the existing waste -to -energy plant and identify the refurbishment requirements to restore the operating capacity and increase the plant operational availability. HDR presented a briefing to the County Commissioners at a scheduled workshop. Northwest Transfer Station, Orange County, FL. Project Engineer. HDR was selected by Orange County for the site selection, permitting, engineering, and design of the proposed transfer station facility. Efforts included the development of screening criteria, researching property availability, application of screening criteria, site selection recommendation, population data review, waste generation rate, and material quantity analysis. In addition, HDR performed an assessment of the existing transfer stations, and development concepts for expansion and upgrade. This effort included the development of opinions of cost for construction. NON -HDR EXPERIENCE Chemplant Designs, Inc. Design Engineer for film producing plants in the U.S., Northern Ireland and Germany for the E.I. Dupont de Nemours and Co. Responsibilities included the structural designof foundations and building systems for warehouses, offices and processing facility structures, which included heavy equipment support. New York Power Authority. Staff Engineer. Provided technical support for modifications, expansion, and maintenance of fossil, nuclear, hydroelectric, and transmission facilities within New York Power Authority system. Hydroelectric facilities included Niagara power project, 2,400 MW; St. Lawrence power project, 800 MW; Gregory B. Jarvis (Hinckley) project, 9 MN; Blenheim -Gilboa pumped storage project, 1,000 MW; Crescent project, 4 MW; and Vischer's Ferry project, 4 MW. Nuclear projects included Indian Point, Unit No- 3, 965 MW; and James A. Fitzpatrick plant, 800 MW. Fossil project included Poletti power project, Astoria Unit No. 6, 825 MW. This effort included the development of procurement documents for the solicitation of proposals and bids for construction. In addition, served on various technical review teams for evaluation of consultatnt proposals for engineering services.