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Home My WebLink AboutAgenda Packet 4-10-18CITY COMMISSION MEETING AGENDA FOR APRIL 10, 2018 5:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS SWEARING IN: New Police Officer Matthew Strohmeier — JUDGE KALTENBACH PROCLAMATION: Yo Yo Club of Paducah — FRANK BENNETT ANNOUNCEMENT(S): McCracken County Public Library — S. BAIER PRESENTATION: Kentucky's Representative for the American Legion Oratorical Competition —CARLI FREDERICH, MCHS SENIOR Opioid Epidemic — IMAC REGENERATION CENTER Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA: (1) A. MINUTES B. MOTIONS) 1. R & F Documents C. MUNICIPAL ORDER(S) 1. Personnel Actions — M. RUSSELL MO 2087 2. Ratify 2018-2019 Kentucky Household Hazardous Waste Grant Application — T. TRACY MO 2088 3. Authorize a Recreational Trails Program Grant Application for Pedestrian Footbridge over Perkins Creek - T. TRACY II. ORDINANCE(S) — ADOPTION WILSON 2018 A. Amend Smoking Ordinance — MAYOR HARLESS (2) 4- PUBLIC COMMENTS 8521 Abraham Motion for Amendment —Lost on call of the roll RHODES 2018 B. Approve Alley Closure between South 31" Street and Maple 4- Avenue — R. MURPHY (4) 8522 HOLLAND 2018 C. Approve Contract for Pump Station #2 Construction — R. 4- MURPHY (5) 8523 ABRAHAM 2018 D. Approve 911 Computer Assisted Dispatch (CAD) Purchase & 4- Installation Contract—B. STRINGER (6) 8524 WILSON 2018 E. Approve Logging Recorder Purchase & Installation Contract— B. 4- STRINGER (7) 8525 RHODES 2018 F. Approve Workstation Furniture Purchase & Installation Contract- 4- B. STRINGER (8) 8526 III. ORDINANCE(S) — INTRODUCTION HOLLAND A. Termination of Easement with Four Rivers Behavioral Health — R. MURPHY (9) ABRAHAM B. Approve Amendment to Professional Consulting Agreement for Computer-Aided Dispatch and Records Management System Implementation Oversight Support — B. STRINGER (10) WILSON C. Pat & Jim Brockenborough Rotary Health Park Phase I-Change Order — M. THOMPSON (11) IV. DISCUSSION A. 'City Strategic Plan — MAYOR HARLESS V. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners C. Comments from the Audience VI. EXECUTIVE SESSION MARCH 27, 2018 At a Regular Meeting of the Board of Commissioners, held on Tuesday, March 27, 2018, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Holland, Rhodes, Wilson and Mayor Harless (4). Commissioner Abraham was absent (1). INVOCATION Commissioner Holland gave the invocation. PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. ADDITIONS/DELETIONS At the request of the City Manager, Ordinance — Introduction item III(G),"Approve Amendment to Professional Consulting Agreement for Computer Aided Dispatch and Records Management System Implementaion Oversight Support," was removed for consideration from the agenda. PROCLAMATION AMERICORP NATIONAL SERVICE RECOGNITION DAY Mayor Harless presented a proclamation to AmeriCorps representatives Emma Rushing and Keith Richie along with Senior Corps representative Christine Thompson proclaiming April 3, 2018, "National Service Recognition Day". PRESENTATIONS) OPIOID EPIDEMIC President/Chief Executive Officer Terry Hudspeth of Four Rivers Behavioral Health and Elizabeth Fleming from the Center for Specialized Addiction Services made a presentation to the Paducah Board of Commissioners regarding substance abuse and the opioid crisis in western Kentucky. This is the second presentation in a series of presentations to the Board regarding the opioid situation. Four Rivers Behavioral Health is the state designated community mental health center for the nine counties in western Kentucky. Four Rivers see more than 13,000 citizens each year with approximately 8,000 in McCracken County. Of those McCracken County clients, 1,700 have a substance use issue with the primary drugs of choice being marijuana and alcohol in addition to meth and opiates. Hudspeth says, "Our numbers are close to the statewide average." Four Rivers provides several substance abuse services including the COR -12 program which is an opiate -specific, medically assisted treatment program. (The above summary for the presentations is an excerpt from the City Commission Highlights prepared by Pam Spencer, Public Information Officer.) CONSENT AGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed. No one asked for any items to be removed. The Mayor asked the City Clerk to read the remaining items on the Consent Agenda. I(A) Minutes for the March 13, 2018 City Commission Meeting I(B)1 Appointment of Patrick Perry to the Board of Adjustment to fill the unexpired term of Tracy Jones who has resigned. This term shall expire August 31, 2019. I(B)2 Reappointment of Bill Griggs to the Paducah Golf Commission. Appointment of Mark Knecht to the Paducah Golf Commission to replace Martin Mundy whose term has expired. These terms shall expire March 26, 2022. I(C)l Minute File: 1. Notice of Cancellation for the Board of Commissioners of the City of Paducah for March 6, 2018 & March 20, 2018 Deed File: 2. Deed of Conveyance with Richard Christion Hutson & Virginia Hutson for 125 North 11th Street (MO # 2077) Contract File: 3. Memorandum of Agreement with Richard Christion Hutson & Virginia Hutsonfor Incentive for 125 North 11th Street (MO # 2078) 4. Contract for Services with Yeiser Art Center (Executed by CM) 5. Agreement with Harper Construction for the 2018-2019 Concrete Program (MO MARCH 27, 2018 WITHDRAW AMEND SMOKING ORDINANCE (This ordinance was introduced on January 9, 2018) Commissioner Holland offered motion, seconded by Commissioner Wilson, to withdraw the ordinance introduced on January 9, 2018, and entitled, "AN ORDINANCE RELATING TO THE PROTECTION OF THE PUBLIC HEALTH AND WELFARE BY PROHIBITING THE SMOKING OF TOBACCO PRODUCTS IN ENCLOSED PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN MUNICIPALLY -OWNED OUTDOOR AREAS." Adopted on call of the roll, yeas, Commissioners Holland, Rhodes, Wilson and Mayor Harless (4). ORDINANCE(S) — INTRODUCTION AMEND SMOKING ORDINANCE Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE RELATING TO TH PROTECTION OF THE PUBLIC HEALTH AND WELFARE BY PROHIBITING THE SMOKING OF TOBACCO PRODUCTS IN ENCLOSED PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OUTDOOR PLACES" This Ordinance is summarized as follows: This Ordinance amends Chapter 54 Article II, Division 2 of the Paducah Code of Ordinances to prohibit smoking in enclosed public places, places of employment, and certain outdoor areas. Under this Ordinance, smoking, including electronic smoking devices, will be prohibited in enclosed public places and in all places of employment, whether public or private, except in screened in gazebos, private vehicles, retail tobacco stores, designated workplaces, and in private organizations or clubs. Additionally, under this Ordinance, smoking is prohibited in school -owned outdoor sports arenas and amphitheaters, public or private owned outdoor playgrounds, and certain municipally -owned outdoor areas, with limited exceptions. PUBLIC COMMENTS • Mike Muscarella, Executive Director of Ambulatory Services at Baptist Health, Chair of Purchase Area Healthy Connections Health Coalition and member of Healthy Paducah Health Coalition, voiced his support for the amendments to the City's smoking ordinance. • Carolyn Sheffer, resident of Jackson House, asked if the City's current smoking ordinance and proposed ordinance prohibits smoking on sidewalks? o Rick Murphy, City Engineer, responded that the ordinance does not prohibit people from on smoking on sidewalks since they are a part of the City's public right of way. APPROVE ALLEY CLOSURE BETWEEN SOUTH 31sT STREET AND MAPLE AVENUE Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY BETWEEN SOUTH 31ST STREET AND MAPLE AVENUE, PARALLEL TO LONE OAK ROAD AND KENTUCKY AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This Ordinance is summarized as follows: The City of Paducah does hereby authorize the closure of an alley between South 31St Street and Maple Avenue, parallel to Lone Oak Road and Kentucky Avenue and authorizes, empowers and directs the Mayor to execute a quitclaim deed from the City to the property owners in or abutting the public ways to be closed. APPROVE CONTRACT FOR PUMP STATION #2 CONSTRUCTION Commissioner Holland offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF HUFFMAN CONSTRUCTION, LLC, FOR THE FLOODWALL PUMP STATION #2 REHABILITATION PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This Ordinance is summarized as follows: The City of Paducah accepts the bid of Huffman Construction, LLC, in the amount of $4,947,000.00, for construction services for the Floodwall Pump Station No. 2 Rehabilitation and authorizes the Mayor to execute a contract for same. APPROVE 911 COMPUTER ASSISTED DISPATCH (CAD) PURCHASE & INSTALLATION CONTRACT Commissioner Holland offered motion, seconded by Commissioner Wilson, that the Board of Commissioners of the City of Paducah introduce an ordinance entitled "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AND SERVICES AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR THE ESTABLISHMENT OF A COMPUTER ASSISTED DISPATCH SYSTEM THAT WILL BE UTILIZED IN THE OPERATION OF THE CITY'S 911 SYSTEM." This Ordinance is summarized as follows: This Ordinance approves the execution of a "License and Services Agreement" wherein Tyler Technologies, Inc. will provide software and related hardware for MARCH 27, 2018 the establishment of a computer assisted dispatch system (CAD) that will be utilized in the operation of the City's 911 system. APPROVE LOGGING RECORDER PURCHASE & INSTALLATION CONTRACT Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SOFTWARE LICENSEMARDWARE PURCHASE AGREEMENT WITH EQUATURE, INC. FOR THE PURCHASE OF AN UPGRADED RECORDING SYSTEM THAT WILL BE UTILIZED IN THE OPERATION OF THE CITY'S 911 SYSTEM." This Ordinance is summarized as follows: This Ordinance approves the execution of a "Software License/Hardware Purchase Agreement" wherein Equature, Inc. will sell and install an upgraded recording system for the City's 911 system, and assign a license for the software that is a part thereof. APPROVE WORKSTATION FURNITURE PURCHASE & INSTALLATION CONTRACT Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an ordinance entitled "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH XYBIX SYSTEMS, INC. FOR THE PURCHASE AND INSTALLATION OF DISPATCH CONSOLE EQUIPMENT AND FURNITURE THAT WILL BE UTILIZED IN THE OPERATION OF THE CITY'S 911 SYSTEM". This Ordinance is summarized as follows: This Ordinance approves the execution of a "Dispatch Console Furniture Agreement" wherein XYBIX Systems, Inc. will sell and install dispatch console equipment and furniture for the benefit of the City's 911 system. COMMENTS COMMENTS FROM THE CITY MANAGER • City Manager Mark Thompson, reported the dome has been installed at 600 South 6th Street. • He also reminded everyone of the Parks & Recreation Easter Egg Dash that will be held on March 31St at Noble Park. PUBLIC COMMENTS • Daniel Kohn, resident, requested the City prohibit the location of firearms, weapons and ammunition retail businesses in the recently rezoned 3101— 3230 Kentucky Avenue, 3101— 3213 Clark Street, 243 — 247 South 31sT Street, 3116 Kentucky Avenue and surrounding neighborhood in the proximity of Paducah Middle School. In his request he asked for a response by the second commission meeting in April. • David Arant, continued discussion that was had at the March 13th commission meeting regarding the City's maintenance of the Martin Luther King Jr. Memorial located on Park Avenue. EXECUTIVE SESSION Commissioner Holland offered motion, seconded by Mayor Harless, that the Board go into closed session for discussion of matters pertaining to the following topics: • Proposed or pending litigation, as permitted by KRS 61.810(1)(c). Adopted on call of the roll, yeas, Commissioners Holland, Rhodes, Wilson and Mayor Harless (4). OPEN SESSION Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board reconvene in open session. Adopted on call of the roll, yeas, Commissioners Holland, Rhodes, Wilson and Mayor Harless (4). ADJOURN Mayor Harless offered motion, seconded by Commissioner Holland to adjourn the meeting. All in favor. Meeting ended at approximately 7:09 p.m. ADOPTED: April 10, 2018 City Clerk Mayor PERSONNEL ACTIONS d April 10, 2018 „ ^' " 3�. .._ . . �P�Y�EZO-LL: ��J, �1' . Nli �1�i2fiN SER.: PRO ._��T`al®.��0`♦Z`Y��G�' ` ENS �. FIRE - SUPPRESSION Fuchs, Jennifer J. Owen, Christopher T. FIRE PREVENTION McGee, Debra E. Tinsman, April K. PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY Firefighter Relief Driver $15.45/H r. Firefighter $14.43/Hr. Permit Specialist $13.91/Hr Deputy Fire Marshal I $19.67/hr. Fire Lieutenant $16.77/Hr. Firefighter Relief Driver $15.06/Hr. Permit Specialist $14.46/Hr. Deputy Fire Marshal I $20.45/Hr. NCS Non -Ex March 1, 2018 NCS Non -Ex March 2, 2018 NCS Non -Ex NCS Non -Ex April 12, 2018 April 12, 2018 PARKS SERVICES POSITION REASON EFFECTIVE DATE Wooley, Rebeka A. Park Ranger Termination March 19, 2018 EMERGENCY COMMUNICATION SRVCS POSITION RATE NCS/CS FLSA EFFECTIVE DATE Beasley, Jerry A. Telecommunicator $17.48/Hr. NCS Non -Ex April 19, 2018 Tatman, Allyson N. Telecommunicator $17.48/Hr. NCS Non -Ex April 19, 2018 PARKS SERVICES POSITION RATE NCS/CS FLSA EFFECTIVE DATE Hatton, Nick I. Coach $8.50/Hr. NCS Non -Ex April 12, 2018 Priddy, James A. Sports Official $20.00/Hr. NCS Non -Ex April 12, 2018 Caruthers, Katie N. Lifeguard $8.37/Hr. NCS Non -Ex May 10, 2018 Ellision, Oliva Lifeguard $8.37/Hr. NCS Non -Ex May 10, 2018 Elrod, Aviona Pool Attendant $7.87/Hr. NCS Non -Ex May 10, 2018 Grogan, Weston L Lifeguard $8.37/Hr. NCS Non -Ex May 10, 2018 Harped, Emme C. Lifeguard $8.37/Hr. NCS Non -Ex May 10, 2018 Hudspeth, Elijah B. Lifeguard $8.37/Hr. NCS Non -Ex May 10, 2018 Lowery, Claren M. Pool Attendant $7.87/Hr. NCS Non -Ex May 10, 2018 Meier, Kevin C. Lifeguard $8.37/Hr. NCS Non -Ex May 10, 2018 „ ^' " 3�. .._ . . �P�Y�EZO-LL: ��J, �1' . Nli �1�i2fiN SER.: PRO ._��T`al®.��0`♦Z`Y��G�' ` ENS �. FIRE - SUPPRESSION Fuchs, Jennifer J. Owen, Christopher T. FIRE PREVENTION McGee, Debra E. Tinsman, April K. PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY Firefighter Relief Driver $15.45/H r. Firefighter $14.43/Hr. Permit Specialist $13.91/Hr Deputy Fire Marshal I $19.67/hr. Fire Lieutenant $16.77/Hr. Firefighter Relief Driver $15.06/Hr. Permit Specialist $14.46/Hr. Deputy Fire Marshal I $20.45/Hr. NCS Non -Ex March 1, 2018 NCS Non -Ex March 2, 2018 NCS Non -Ex NCS Non -Ex April 12, 2018 April 12, 2018 PARKS SERVICES POSITION REASON EFFECTIVE DATE Wooley, Rebeka A. Park Ranger Termination March 19, 2018 j� MUNICIPAL ORDER NO.� A MUNICIPAL ORDER RATIFYING THE MAYOR'S EXECUTION OF A 2018-2019 KENTUCKY HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT IN THE AMOUNT OF $25,500 TO ASSIST IN FUNDING THE CITY/COUNTY ANNUAL SPRING CLEAN-UP DAY BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby ratifies and approves the Mayor's signature on a joint application between the City and the McCracken County Fiscal Court for a Kentucky Household Hazardous Waste Grant through the Kentucky Division of Waste Management in the amount of $25,500 to assist in funding the City/County Annual Spring Clean-up Day. SECTION 2. The City of Paducah and the McCracken County Fiscal Court hereby agree that the City shall act as the lead government agency in meeting all grant requirements, including the local cash match of $6,375.00 that will be split 50/50 with the McCracken County Fiscal Court. SECTION 3. The City's match of $3,187.50 will be funded through the Engineering/Public Works account number 50000 2209 520040. Funding for the local cash match will be subject to approval of appropriation in the Engineering/Public Works FY2019 budget. SECTION 4. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, April 10, 2018 Recorded by Tammara S. Sanderson, City Clerk, April 10, 2018 \mo\grants\app-Household Hazardous Waste Clean Up Day 2018-2019 Agenda Action Form Paducah City Commission Meeting Date: 10 April 2018 Short Title: 2018-2019 Kentucky Household Hazardous Waste Grant Application ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution Staff Work By: Pam Souder, Chris Yarber; Adam Shull Presentation By: Adam Shull ❑ Motion Background Information: The Kentucky Division of Waste Management, through the Household Hazardous Waste Award Program, funds cities across the commonwealth for annual clean-up days. This grant award program provides a partial reimbursement for the expenses incurred by the city for the disposal and advertising/education of Spring Clean-up Day. For the past 25 years, this project has been a collaborative effort between the McCracken County Fiscal Court and the City of Paducah. The Engineering/Public Works and Planning Departments desire to submit an application for the 2018-2019 Kentucky Division of Waste Management Household Hazardous Waste Award Program. This grant requires a 25% cash or in-kind match. The City will act as the Lead Agency/Fiscal Agent and seeks an award of $25,500, which will be combined with the required local cash match of $6,375 for a project totaling $31,875. Local cash match will be divided equally between the city and the county. As in previous years, the City's share of the local cash match will be paid through the Engineer/Public Works account number 050-2209-531-2004. Any award offered as a result of this application will require an Inter -local Agreement to be signed and will be brought before the City Commission and Fiscal Court for consideration. Goal: ❑Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: _ Account Number: 5�9=53-1=260 Project Number: Staff Recommendation: Authorize and direct the Mayor to execute all required grant application documents. Attachments: None r FILE: R. PlanningW GrantsIMMO M HHW 2018-20191Agenda Action Form - 4.9.18- HHW grant application. docx 1 Department Head City Clerk ity an er FILE: R. PlanningW GrantsIMMO M HHW 2018-20191Agenda Action Form - 4.9.18- HHW grant application. docx MUNICIPAL ORDER NO. �� a A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR A RECREATIONAL TRAILS PROGRAM GRANT THROUGH THE KENTUCKY DEPARTMENT OF LOCAL GOVERNMENT FOR THE PURCHASE AND INSTALLATION OF A PEDESTRIAN FOOTBRIDGE OVER PERKINS CREEK THAT WILL CONNECT THE CITY'S GREENWAY TRAIL TO THE MCCRACKEN COUNTY TRAIL SYSTEM BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute all documents necessary to apply for a Recreational Trails Program Grant through the Kentucky Department of Local Government in the amount of $100,000 for the purchase and installation of a pedestrian footbridge over Perkins Creek that will connect the City's Greenway Trail to the McCracken County Trail System. A local match of 20% is required. The match will be met by the funds being used to complete the project which includes a combination of monies from the City FY2019 Investment Fund, McCracken County Fiscal Court funds, and donations from the Four Rivers Nuclear Partnership, Veolia, and GeoSyntec. SECTION 2. This order will be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, April 10, 2018 Recorded by Tammara S. Sanderson, City Clerk, April 10, 2018 mo\grants\application - Recreational Trails Program Grant Agenda Action Form Paducah City Commission Meeting Date: 10 April 2018 Short Title: Recreational Trails Program Grant Application ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Mark Thompson, Rick Murphy, Mayor Brandi Harless, Greg Cannon (McCracken County), Adam Shull Presentation By: Tammara Tracy Background Information: The Recreational Trails Program (RTP) is funded by the Federal Highway Administration (FHWA). It can be used to provide assistance for acquisition of easements, development and/or maintenance of recreational trails and trailhead facilities for both motorized and non -motorized use. All trails that have received FHWA funding must remain open to the public and maintained for perpetuity. The Governor of Kentucky designated the Department for Local Government as the state agency responsible for administering the RTP. The City of Paducah's Planning Department wishes to apply for the maximum grant request of $100, 000 to purchase and install a pedestrian footbridge over Perkins Creek that will link the City's Greenway Trail with the McCracken County trail system. The total project cost is $200, 000, which includes the bridge purchase and installment, footers, an approach to the bridge and signs marking the new section of trail. The proposed bridge and approach will follow an old abandoned rail bed of the Chicago, St. Louis and New Orleans Railroad Company that crosses Perkins Creek just northwest of the Stuart Nelson Park balyiields. The City will serve as the grant applicant and fiscal agent, though the project planning and grant application is a joint effort with McCracken County. And though the grant requires a 20% match, the proposed matching funds would cover the entire cost of the project. Pending approval, those matching funds are $30, 000 from the City's FY2019 investment fund, $30, 000 from the McCracken County Fiscal Court, and $40, 000 donated by the Four Rivers Nuclear Partnership (FRNP) — a combination of Department of Energy contractors formed to complete deactivation and remediation of the Paducah Gaseous Diffusion Plant .The FRNP will donate $30, 000 of that $40, 000 contribution, with $10, 000 coming from two FRNP subcontractors: Wastren Advantage Inc. (WAI) and GeoSyntec. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Authorize and direct the Mayor to execute all required grant application Attachments: None Department Hea `, City Clerk City ager Agenda'Action Form - Rec Trails Program grant application - Perkins Cree REV 11/10/17 4400, 211034 4P CITY OF PADUCAH ORDINANCE NO. 2018-_J_- a Ja 1 AN ORDINANCE AMENDING CHAPTER 54, ARTICLE II "SMOKING IN PUBLIC PLACES," DIVISION 2, "PUBLIC BUILDINGS" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City Commission hereby finds that: (a) Numerous scientific studies have found that tobacco smoke is a major contributor to indoor air pollution. (b) According to the 2014 U.S. Surgeon General's Report, The Health Consequences of Smoking -50 Years of Progress, secondhand smoke exposure causes stroke, heart disease, lung cancer, breast cancer in premenopausal women, and sudden infant death syndrome in nonsmokers. The report also found that since the 1964 Surgeon General's Report on Smoking and Health, 2.5 million nonsmokers have died from diseases caused by tobacco smoke.2 (c) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. 3 Establishing smoke-free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control exposure of nonsmokers to secondhand smoke. (d) Electronic cigarettes produce an aerosol or vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. The World Health Organization (WHO) recommends that electronic smoking devices not be used indoors, especially in smoke-free environments, in order to minimize the risk to bystanders of breathing in the aerosol emitted by the devices and to avoid undermining the enforcement of smoke-free laws.4 (e) During periods of active smoking, peak and average outdoor tobacco smoke (OTS) levels measured in outdoor cafes and restaurant and bar patios near smokers rival indoor tobacco smoke concentrations.5 Nonsmokers who spend six -hour periods in outdoor smoking sections of bars and restaurants experience a significant increase in levels of cotinine when compared to the cotinine levels in a smoke-free outdoor area. 6 Smoking tobacco is a form of air pollution, a positive danger to health, and a material public nuisance. WHEREAS, as a result of the foregoing the City Commission hereby declares that it is in the interest of public health, welfare, and policy to amend Chapter 54, Article II, Division 2 of the Paducah Code of Ordinances to prohibit the smoking of tobacco products in enclosed public places, places of employment, and certain outdoor places. NOW, THEREFORE, be it ordained by the City Commission of the City of Paducah as follows: Section 1. That the heading for Chapter 54, Article II is amended to read as follows: ARTICLE II. - SMOKING IN PUBLIC PLACES Section 2. That the subheading for Chapter 54, Article II, Division 2 is amended to read as follows: DIVISION 2. - PUBLIC BUILDING SENCLOSED PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OUTDOOR PLACES Section 3. That Section 54-51, "Definitions," is hereby amended to read as follows: Section 54-51. - Definitions. A. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. !1 \ R,,;1, mg means n struet,,,.e open to the ,- ubl',Y that is 1 .l t i J L �ccc uVuthe weather-, whether- or not windows 7fRpere .✓Crt„M1Tly left K �f n e le open.. per -son owns, 1J, 1VNJVJ, or possesses 1< portion�T building, the ten: building . plion to the o rst„N leasehol.l V Ll111L111�, L11V LVllll µN , , e possessory inter -est n well. (1) Bar means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (2) Business means a sole proprietorship, partnership joint venture, corporation, or other business entity, either for- profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, and architectural, or other professional services are delivered; and private clubs. R ILCommon Area means any area where individuals may congregate such as hallways, lobbies, restrooms, and elevators. (4) Dwelling means any place used primarily for sleeping overnight and conducting activities of daily living,, ineluding, with,,,,* limitation, -a hotel -or— motel room orsuite, or a hospital, iospiceor- „. home room. This does not include a hotel or motel room or suite, or a hospital, hospicse, assisted living facilitv or nursing home. (3)(5) Electronic smoking device means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e -cigarette, e -cigar, e -pipe, e -hookah, or vape pen, or under any other product name or descriptor. Enelosed area means a*y plae is elesed over -head by a roof or - other eovering of any Fnater-ial, whether permanent or temper-ary; and has forty *per-eet:A (4 00%) or more of its perimeter- elosed in by ,ails o other coverings of any material, „l ether permanent (4)f§LEmployee means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity. (3)L7LEmployer means a person, business, partnership, association, unincorporated association, limited liability company, corporation, including a municipal corporation, trust, or non-profit entity, that employs the services of one or more individual persons. (8) Enclosed public place means anyplace that: a) is closed overhead by a roof or other covering of any material, whether permanent or temporary; b) has forty percent (40%) or more of its perimeter closed in by walls or other coveringsy material, whether permanent or temporary, but not a screened ina� zebo; and c) the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities,a�g facilities, health care facilities, adult day cares, assisted living facilities, hotels and motels, laundromats, public transportation vehicles and 4 facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, assisted livingfacility acility or health care facility. (6)L(92)h Hookah means a water pipe and any associated products and devices which are used to produce fumes, smoke, and/or vapor from the heating or burning of material including, but not limited to, tobacco, shisha, or other plant matter. 1( 0) Person shall include the owner, lessee, principal manager, or any individual or corporation, limited liability company, business, partnership, association, unincorporated association, municipal corporation, trust, or any non-profit entity having control of a building, as the term building is defined herein, or the agent or employee of any such owner, lessee, principal manager, individual or corporation. (7)(11) Place ofEmployment means an enclosed area (as defined in Section 2 A. (8)(a) and (b) above) under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, common area, construction sites, and temporary offices., and vehieles. A private residence is not a "place of employment" unless it is used as a child care, adult day care, assisted livingfacility acility or health care facility. (12) Playground means any park or recreational area designed in part to be used by children that has plateports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on publicall�or privately�eeel owned grounds or on municipally owned grounds. eney thereof 13 -Private organization or club means an establishment ,, maintains xeleet;,,0 members, is operated by the membership, does not provide food, drink, entertainmepA, or- lodging for- pay4e not profit ,.,.;onto l whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for organization purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniarygain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. (14) Restaurant means an eating establishment, includingbut ut not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant. (-) 15 Retail Tobacco Store means a retail store devoted primarily to the sale of any tobacco product, including, but not limited to, cigarettes, cigars, pipe tobacco and chewing tobacco, and accessories in which the sale of other products is merely incidental. The sale of such other products shall be considered incidental if such sales generate less than one-third of the total annual gross sales. (9) 16 Smoke or Smoking shall mean the act of possessing, carrying, burning, inhaling or exhaling the smoke of any lighted eigarvae, ei- ar, ^r pipe, or other eombuzebReee Produet. any lighted or heated cigarette, cigar,or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. Smoking also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. (17) Sports Arena means a place open to the public where people assemble to enizaae in nhvsical exercise. narticinate in athletic competition, or witness sports or other events, including sports pavilions, athletic fields, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, tennis courts, pickleball courts, bocce ball courts, and bowling alleys. Tebae, ,, Warehouse means any rehouse building „ tebaeeo for- pur-ehase at auetion and meeting the definition established i KRS 248.010(4). Section 4. That Section 54-52, "Prohibition," is hereby amended to read as follows: Section 54-52. - Prohibition in Enclosed Public Places and Places of Employment. A. No person shall smoke within any building or enclosed are public place except_in one of the following locations: (1) In any dwelling, unless the dwelling is also used as a childcare facility, adult day care center, assisted livingfacility, hotel/motel guest room, or meets the definition of a eemmen area as defined herein -.-health care facility. •rivate vehicle. in a building, room, or hall being used by a per -son or- group for a purely private soeial funetion that is not open to the publie nor- is adfnit4anee obtained by purehase of a tieket or- the making of a donation; in aft), room used fo healthear-e professional; or- in a physically separ-at nursing home open to all r-esidents as a smoking room and for- no other- purpose-. (3) In a retail tobacco store. adequate notiee is provided to patrons before the perfofman (4) {§-} 1ndeor smoki-ngSmoking areas provided in state or federal governmental office buildings or workplaces pursuant to KRS 61.165. (5) In all enclosed places owned and occupied by private organizations or clubs.Faei ities not e to the public operated b5 private organizations. B. Smoking shall be prohibited in all places of employment, except as otherwise expressly provided in Section 54.52 A above. C. Smoking shall be prohibited in all private and semiprivate rooms in all health care facilities, nursing homes, assisted living facilities, and hotel and motel guest rooms. D. Nothing in this chapter shall prevent a person in control of any place whatsoever from prohibiting smoking completely in such place, and no person shall fail to abide by such a private prohibition. E. Nothing in this chapter shall authorize smoking in any place where it is otherwise prohibited by statute, ordinance, regulation, or by order of the Fire Marshall. Section 5. That Section 54-52.1, "Prohibition in Certain Outdoor Places" is hereby added to this Article and shall read as follows: Section 54-52.1. — Prohibition in Certain Outdoor Places. Smoking shall be prohibited in the following outdoor places: A. In all municipally -owned and all public or private school -owned outdoor sports arenas and amphitheaters. B. In all public or private owned outdoor playgrounds, shelters, swimming pools, and spray- rounds. a: C. In all municipally -owned outdoor public parks, playgrounds, trails, shelters, swimming pools, and spray -grounds, except outdoors at Paxton Park Golf Course. Section 6. That Section 54-53, "Posting Signs," is hereby amended to read as follows: Section 54-53. - Posting Signs. A. "No Smoking Signs" or the international "No Smoking Symbol" consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it shall be clearly and conspicuously posted in every building and enclosed afeapublic place. The party responsible for the placement of the signage is the owner, employer, operator, lessee, manager, or other person in control of the building or enclosed areapublic place. B. Nothing in this chapter shall authorize the removal of no -smoking signs required by other statute, regulation, or ordinance. C. All ashtrays or ash containers shall be removed from buildings and 9 enclosed are-aspublic places, except for ashtrays for sale and not for use on the premises. Any permanent structure that previously functioned or was used as an ashtray shall be disabled or altered to prevent its use as an ashtray. D. One sign stating that smoking is prohibited shall be posted on every City -owned vehicle. Section 7. That Section 54-54, "Reasonable Distance," is hereby amended to read as follows: Section 54-54. — Reasonable Distance. A. Smoking is prohibited within a reasonable distance from the outside entrance to any building or enclosed armpublic place so as to ensure that tobacco smoke does not enter the building or enclosed ar-ea—public place through entrances, windows, ventilation systems, or other means. Unless directed otherwise by the City Manager, the distance of fifteen (15) feet shall be deemed reasonable. Section 8. That Section 54-55, "Non -retaliation and Non -waiver," is hereby amended to read as follows: Section 54-53. - Non -Retaliation and Non -Waiver of Rights. A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant for employment or customer exercises any rights afforded by this Ordinance or reports or attempts to prosecute a violation of this ordinance. B. An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender anv legal rights the emalovee may have against the employer or an,, other Section 9. That Section 54-56, "Enforcement," is hereby amended to read as follows: Section 54-56 - Enforcement. 10 A. It is the legislative intent that Tthis smoke-free ordinance will be enforced primarily by the Citizens of Paducah themselves. It is expected that the first step will be that an offended person will ask people to follow the law and stop smoking or using electronic smoking devices in violation of this ordinance. A -.B. The City Manager's Office shat -l -may designate the City ,aepaAmei?As staff responsible for enforcing this Ordinance. C. Written notice of the provisions of this Ordinance shall be given to all applicants for a business license within the City of Paducah. B -Q. Any citizen who desires to register a complaint under this Ordinance may initiate enforcement with a written complaint to the City Manager. QE. The following departments, or their designees, slalmay, while performing otherwise legal inspections., inspect for compliance with this Ordinance: Fire Department —Fire Prevention Division, inspeetion DepaAme , Parks and Recreation Department,P41ie Wer' s r,o,-,,,Am ent, and F;,,anee r,o,,.,rtme„* and Police Department. D -. E. A person in control of a building or enclosed public place shall inform persons violating this Ordinance of the applicable provisions thereof and report non-compliance to City Manager. shall fail to: &G. No person having control of a building or enclosedpublic 1p ace (1) Immediately ask smokers to refrain from smoking in any no smoking area; (2) Use any other legal means which may be appropriate to further the intent of this chapter, including the action required by paragraph FE., above. Section 10. That Section 54-57, "Violations and Penalties," is hereby amended to read as follows: 11 IMF - - • - - Section 10. That Section 54-57, "Violations and Penalties," is hereby amended to read as follows: 11 Section 54-57 - Violations and Penalties. A. A person who smokes in an area where smoking is prohibited by the provisions of this Ordinance shall be guilty of a violation of the same, which violation shall be punishable by a fine not exceeding fifty dollars ($50.00). B. A person in control of a building or enclosed tea --public place who fails to comply with the provisions of this Ordinance shall be guilty of a violation punishable by: (1) A fine not exceeding fifty dollars ($50.00) for a first violation within a twelve month period. (2) A fine not exceeding one -hundred dollars ($100.00) for a second violation within a twelve month period. (3) A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation within a twelve month period. C. Persons who smoke in an area where smoking is prohibited by this Ordinance and who refuse to extinguish their smoking material when asked, may be required to leave the premises, and shall be subject to prosecution for trespass if they do not leave when asked. D. In addition to the fines established by this Section, violation of this Ordinance by a person who controls a building or enclosed area -public place more than three (3) times in any twelve-month period may result in the suspension or revocation of any permit or business license issued by the City to the person for the premises on which the violation occurred. E. Violation of this Ordinance is declared to be a public nuisance which may be abated by the City or its designated agents by restraining order, preliminary and permanent injunction or other means provided for by law. The City may recover the reasonable costs of any court enforcement action seeking abatement of this IMUMIRIM F. Each calendar day on which a violation of this Ordinance occurs shall be considered a separate and distinct offense. Section 11. That Section 54-58, "Public Education" is hereby added to this Article and 12 shall read as follows: Section 54-58. - Public Education The McCracken Courtly gency for Substance Abuse Policy (ASAP), or other such organizations organized and operated for the education and prevention of substance abuse in regard to tobacco, alcohol and other drugs shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. Section 12. Severability. If any section or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be deemed severable and shall not affect the validity of the remaining sections of the ordinance. Section 13. Effective Date. This Article shall be effective 30 days from the date of its adoption and publication. Section 14. This ordinance shall be read on two separate days and shall be published in accordance with KRS Chapter 424. Brandi Harless, Mayor ATTEST: Tammara Sanderson, City Clerk Introduced by the Board of Commissioners, a , 2018 Adopted by the Board of Commissioners 10 2018 Recorded by Tammara S. Sanderson, City Clerk A o r l 1 10 2018 Published by The Paducah Sun on 2018 \ord\r e 6+ s mo k 1 r.o,' bo -v, FJ rJAI' VST 6 13 14 REFERENCES 1.National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10," Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI), August 1999. 2.U.S. Department of Health and Human Services. How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking -Attributable Disease: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010. 3.Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.; Stefanadis, C.; Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes: the CARDI02000 case - control study," Tobacco Control 11(3): 220-225, September 2002. 4 World Health Organization (WHO), "Electronic nicotine delivery systems," World Health Organization (WHO), 2014. 5.Klepeis, N.; Ott, W.R.; Switzer, P., "Real-time measurement of outdoor tobacco smoke particles," Journal of the Air & Waste Management Association 57: 522-534, 2007. 6.Hall, J.C.; Bernert, J.T.; Hall, D.B.; St Helen, G.; Kudon, L.H.; Naeher, L.P., "Assessment of exposure to secondhand smoke at outdoor bars and family restaurants in Athens, Georgia, using salivary cotinine," Journal of Occupational and Environmental Hygiene 6(11): 698-704, November 2009. 15 Agenda Action Form Paducah City Commission Meeting Date: 3/27/18 Short Title: Amendment to the Smoking Ban Ordinance ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Denton Law Firm Presentation By: Mayor Harless Background Information: McCracken County ASAP made presentations at the City commission meetings on August 8 and December 19, 2017, asking for the current smoke free ordinance (Chapter 54, Article II, Division 2 of the Paducah Code of Ordinances) to be amended to prohibit smoking in enclosed public places, places of employment, playgrounds, and municipally owned outdoor areas. Mayor Harless introduced that amendment at the January 9, 2018 regular meeting of the City Commission. Since that initial introduction, several revisions to the amendment have been made. As a result, a revised amendment to the current smoke free ordinance will be introduced at this meeting. Under this Ordinance smoking, which includes the use of electronic smoking devices, will be prohibited in enclosed public places and in all places of employment, whether public or private, except in screened in gazebos, private vehicles, retail tobacco stores, designated workplaces, and in private organizations or clubs. Additionally, under this Ordinance, smoking is prohibited in municipal and school -owned outdoor sports arenas and amphitheaters; public or private owned outdoor playgrounds, shelters, swimming pools, and spray -grounds; and municipally -owned outdoor public parks, playgrounds, trails, shelters, swimming pools, and spray -grounds, except outdoors at Paxton Park Golf Course. City -owned vehicles are required to have one no -smoking sign, but vehicles owned by businesses are not required to have signage. A timeline of events that the Mayor emailed to the City Clerk is attached. Goal: ❑Strong Economy 0 Quality Services❑ Vital Neighborhoods[] Restored Downtowns Agenda Action Form Funds Available: Account Name: Account Number: Staff Recommendation: Attachments: Department Head City Clerk City Manager 211054 Page 2 Finance Steps toward Amending the Paducah Smoke -Free City Ordinance February 2016: McCracken County ASAP discussed the need to amend the city Smoke -Free Ordinance and the importance to protect all Paducah workers from exposure to secondhand smoke as well as children and started to work towards an amended Smoke -Free City Ordinance. Contacted Dr. Hurt from Mayo Clinic, Rochester, MN. to come and speak on the harms of second hand smoke and e-cigs. March: members of McCracken County ASAP partnered with other community agencies to host a Health Summit that Dr. Hurt spoke on why e-cigs needed to be included in a smoke-free ordinance as well as the harms of e-cigs and second hand smoke June: Developed and started attending community events in Paducah to obtain signatures for petitions to improve Paducah's Smoke -Free Ordinance Contacted Kentucky Center for Smoke -Free Policy for guidance in the process of amending an existing smoke-free ordinance July: ASAP Taskforce Developed Amended Smoke -Free City Ordinance first draft August: Obtained Resolutions to support an amendment to the Smoke -Free Ordinance in Paducah Met with City Mayor and commissioners to discuss amending the Paducah Smoke - Free City Ordinance September: Continued meeting with city commissioners discussing amending the Paducah Smoke -Free City Ordinance. October: Articles submitted on e-cigs. Continued with community awareness on need for amending the City's Smoke -Free City Ordinance. November: Amended ordinance draft sent to Public Health Law Center - National Tobacco Control Legal Consortium to review. Developed PSA promoting smoke free workplace, parks, as well as recreational areas and WPSD aired it December: ASAP taskforce approved revised draft, WPSD aired the PSA again for a week. January 2017: Met with city commissioners February: Met with newly elected commissioner and in communication with newly elected mayor regarding this amended ordinance process March - July 2017 August 8, 2017: Presented for the first time at City Council September -November: met with commissioners, community awareness and talked with businesses December 19: Presented at City Council January 9, 2018: Ordinance introduced at City Commission meeting. January -March 2018: Ordinance under legal review. AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY BETWEEN SOUTH 31sT STREET AND MAPLE AVENUE, PARALLEL TO LONE OAK ROAD AND KENTUCKY AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of an alley between South 31St Street and Maple Avenue, parallel to Lone Oak Road and Kentucky Avenue, and being more particularly described as follows: TRACT "A" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE FOLLOWING CALL FROM THE CITY MONUMENT LOCATED AT THE INTERSECTION OF THE CENTERLINE OF CLARK STREET AND THE CENTERLINE OF SOUTH 31st STREET, N 25 deg. 31 min. 40 sec. W, 861.27 FEET FOLLOWING THE CENTERLINE OF SOUTH 31st STREET TO THE CENTER OF THE SUBJECT 25 FOOT WIDE PUBLIC ALLEY, THENCE ALONG THE CENTERLINE OF THAT PUBLIC ALLEY, S 64 deg. 28 min. 21 sec. W, 216.33 FEET TO THE AFOREMENTIONED POINT; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, S 13 deg. 42 min. 28 sec. W, 25.96 FEET; THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TOA PROPERTY CORNER SHARED BY CC CROSSROADS, LLC (D.B. 1160, PG. 467) AND BURBANKS INVESTMENT, LLC (D.B. 998, PG. 440); THENCE TO AND ALONG COMMON LINES WITH BURBANKS INVESTMENT, LLC (D.B. 998, PG. 440), N 13 deg. 42 min. 28 sec. E, 31.88 FEET; THENCE S 50 deg. 54 min. 36 sec. E, 13.84 FEET TO THE POINT OF BEGINNING, CONTAINING 361.54 SQUARE FEET OR 0.008 ACRES. TRACT "B" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE SAME STARTING POINT DESCRIBED FOR TRACT "A"; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 64 deg. 28 min. 20 sec. E, 186.33 FEET; THENCE N 25 deg. 31 min. 40 sec. W, 12.50 FEET TO THE EASTERNMOST PROPERTY CORNER OF ALBERTA AND MARSHALL DAVIS (D.B. 1255, PG. 717); THENCE TO AND ALONG COMMON LINES WITH ALBERTA AND MARSHALL DAVIS (D.B. 1255, PG. 717) , S 64 deg. 28 min. 20 sec. W, 192.26 FEET; THENCE S 50 deg. 54 min. 36 sec. E, 13.84 FEET TO THE POINT OF BEGINNING, CONTAINING 2,366.13 SQUARE FEET OR 0.054 ACRES. TRACT "C" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE FOLLOWING CALL FROM THE CITY MONUMENT LOCATED AT THE INTERSECTION OF THE CENTERLINE OF CLARK STREET AND THE CENTERLINE OF SOUTH 31 st STREET, N 25 deg. 31 min. 40 sec. W, 861.27 FEET FOLLOWING THE CENTERLINE OF SOUTH 31st STREET TO THE CENTER OF THE SUBJECT 25 FOOT WIDE PUBLIC ALLEY, THENCE ALONG THE CENTERLINE OF THAT PUBLIC ALLEY, S 64 deg. 28 min. 21 sec. W, 204.34 FEET TO THE AFOREMENTIONED POINT, THAT AFOREMENTIONED POINT ALSO BEING THE NORTHERNMOST POINT OF TRACT "D"; THENCE S 25 deg. 31 min. 39 sec. E, 12.50 FEET TO A PROPERTY CORNER OF CC CROSSROADS, LLC (D.B. 1179, PG. 300, D.B. 1160, PG. 483, D.B. 1160, PG. 467); THENCE TO AND ALONG COMMON LINES WITH CC CROSSROADS, LLC (D.B. 1160, PG. 467), N 64 deg. 28 min. 20 sec. E, 174.34 FEET; THENCE N 25 deg. 31 min. 40 sec. W, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, S 64 deg. 28 min. 20 sec. W, 174.34 FEET TO THE POINT OF BEGINNING, CONTAINING 2,179.25 SQUARE FEET OR 0.050 ACRES; TRACT "D" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE SAME STARTING POINT DESCRIBED FOR TRACT "A"; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 64 deg. 28 min. 20 sec. E, 11.99 FEET; THENCE S 25 deg. 31 min. 39 sec. E, 12.50 FEET TO A PROPERTY CORNER OF CC CROSSROADS, LLC (D.B. 1179, PG. 300, D.B. 1160, PG. 483, D.B. 1160, PG. 467); THENCE TO AND ALONG COMMON LINES WITH CC CROSSROADS, LLC (D.B. 1179, PG. 300, D.B. 1160, PG. 483), S 64 deg. 28 min. 20 sec. W, 6.05 FEET; THENCE TO AND ALONG COMMON LINES WITH CC CROSSROADS, LLC (D.B. 1260, PG. 606, D.B. 1179, PG. 300, D.B. 1160, PG. 483), S 13 deg. 42 min. 28 sec. W, 304.04 FEET TO A PROPERTY CORNER SHARED BY CC CROSSROADS, LLC (D.B. 1260, PG. 606) AND AMFM, LLC (D.B. 1345, PG. 572); THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 13 deg. 42 min. 28 sec. E, 309.96 FEET TO THE POINT OF BEGINNING, CONTAINING 3,950.25 SQUARE FEET OR 0.091 ACRES; TRACT "E" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING AT THE SOUTHEAST PROPERTY CORNER OF TRACT "A"; THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO A PROPERTY CORNER SHARED BY CC CROSSROADS, LLC (D.B. 1160, PG. 467) AND BURBANKS INVESTMENT, LLC (D.B. 998, PG. 440); THENCE TO AND ALONG COMMON LINES WITH CC CROSSROADS, LLC (D.B. 1179, PG. 300, D.B. 1160, PG. 483, D.B. 1160, PG. 467), S 13 deg. 42 min. 28 sec. W, 450.00 FEET TO THE EDGE OF MAPLE AVENUE; THENCE ALONG THE EDGE OF MAPLE AVENUE, S 76 deg. 15 min. 22 sec. E, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 13 deg. 42 min. 28 sec. E, 450.00 FEET TO THE POINT OF BEGINNING, CONTAINING 5,625.00 SQUARE FEET OR 0.129 ACRES; TRACT "F" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING AT THE SOUTHWEST PROPERTY CORNER OF TRACT "D"; THENCE S 76 deg. 15 min. 22 sec. E, 12.50 FEET TO A PROPERTY CORNER SHARED BY CC CROSSROADS, LLC (D.B. 1260, PG. 606) AND AMFM, LLC (D.B. 1345, PG. 572); THENCE TO AND ALONG COMMON LINES WITH AMFM, LLC (D.B. 1345, PG. 572), S 13 deg. 42 min. 28 sec. W, 66.00 FEET; THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 13 deg. 42 min. 28 sec. E, 66.00 FEET TO THE POINT OF BEGINNING, CONTAINING 825.00 SQUARE FEET OR 0.019 ACRES; TRACT "G" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING AT THE SOUTHEAST PROPERTY CORNER OF TRACT "E"; THENCE ALONG THE EDGE OF MAPLE AVENUE, S 76 deg. 15 min. 22 sec. E, 12.50 FEET TO THE SOUTHWEST PROPERTY CORNER OF JOSEPH WAYNE GORLINE (D.B. 768, PG. 414); THENCE TO AND ALONG COMMON LINES WITH JOSEPH WAYNE GORLINE (D.B. 768, PG. 414, D.B. 959, PG. 530), N 13 deg. 42 min. 28 sec. E, 100.00 FEET; THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, S 13 deg. 42 min. 28 sec. W, 100.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1,250.00 SQUARE FEET OR 0.028 ACRES; BEARINGS IN THE ABOVE DESCRIPTIONS ARE BASED ON GRID NORTH AS DETERMINED BY KENTUCKY STATE PLANE COORDINATES, SOUTH ZONE (1602), NAD 83. SECTION 2. In support of its decision to close the aforesaid public way, the Board of Commissioners hereby makes the following findings of fact: a. Alberta Davis of CC Crossroads, LLC, and AMFM, LLC, Burton Washburn of Burbanks Investment, LLC, and Joseph Gorline are the owners of property abutting the public way which the Board of Commissioners has authorized to be closed as is evidenced by the application for street and/or alley closing which is attached hereto and made part hereof. b. On the 19th day of February, 2018, the Paducah Planning Commission of the City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of the City of Paducah closure of the aforesaid public way. C. Written notice of the proposed closing was given to all property owners in or abutting the public way or the portion thereof being closed as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof. d. All property owners in or abutting the public way or the portion thereof being closed have given their written notarized consent to the closing as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof. SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as described above, should be closed in accordance with the provisions of KRS 82.405. SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute a quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way to be closed with each to acquire title to that portion of the public way contiguous to the property now owned by said property owners up to center line of the said public way. Provided, however, that the City shall reserve such easements upon the above described real property as it deems necessary. Said deed shall provide the reservation by the City of Paducah any easements affecting the herein described real property as described in Section 1 above. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Tammara S. Sanderson, City Clerk Mayor Introduced by the Board of Commissioners, March 27, 2018 Adopted by the Board of Commissioners, Avr i � 1 a 01 Recorded by Tammara S. Sanderson, City Clerk, oriJQ DOI Published by The Paducah Sun, \ord\eng\stclosing\alley-South 31St & Maple Avenue CERTIFICATION I, Tammara S. Sanderson, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance No. adopted by the Board of Commissioners of the City of Paducah at a meeting held on City Clerk Agenda Action Form Paducah City Commission Meeting Date: 3/27/2018 Short Title: Closure of Public Right Of Way between S. 31" Street and Maple Ave. ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Maegan Mansfield, P.E., Engineering Project Manager Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: The following adjacent property owners have submitted an executed application requesting that the alley between 31St Street and Maple Avenue be closed: • Alberta Davis, CC Crossroads, LLC; AMFM, LLC • Burton Washburn, Burbanks Investment LLC • Joseph Gorline On February 19, 2018 the Paducah Planning Commission held a public hearing and made a positive recommendation to the City Commission for the closure. All of the utility companies have agreed to this closure. Goal: ❑Strong Economy ❑ Quality Services® Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: N/A Account Number: Finance Staff Recommendation: To adopt an ordinance authorizing the closure of the alley located between South 31St Street and Maple Avenue and authorizing the Mayor to execute the closure plat and all necessary documents to complete the transfer of property to the adjacent property owners. Attachments: Original Street Closure Application, Proposed Closure Plat, Planning Commission Resolution Agenda Action Form 4ep$e net' &e City Clerk RCity nager Page 2 A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED CLOSING OF AN ALLEY BETWEEN SOUTH 31sT STREET AND MAPLE AVENUE, PARALLEL TO LONE OAK ROAD AND KENTUCKY AVENUE. WHEREAS, a public hearing was held on February 19, 2018 by the Paducah Planning Commission after advertisement pursuant to law, and WHEREAS, this Commission has duly considered said proposal and has heard and considered the objections and suggestions of all interested parties who appeared at said hearing, and WHEREAS, this Commission adopted a proposal to close an alley between South 31st Street and Maple Avenue, parallel to Lone Oak Road and Kentucky Avenue. NOW THEREFORE, BE IT RESOLVED BY THE PADUCAH PLANNING COMMISSION: SECTION 1. That this Commission recommend to the Mayor and Board of Commissioners of the City of Paducah to close an alley between South 31' Street and Maple Avenue, parallel to Lone Oak Road and Kentucky Avenue as follows: TRACT "A" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31sT) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE FOLLOWING CALL FROM THE CITY MONUMENT LOCATED AT THE INTERSECTION OF THE CENTERLINE OF CLARK STREET AND THE CENTERLINE OF SOUTH 31" STREET, N 25 deg. 31 min. 40 sec. W, 861.27 FEET FOLLOWING THE CENTERLINE OF SOUTH 31' STREET TO THE CENTER OF THE SUBJECT 25 FOOT WIDE PUBLIC ALLEY, THENCE ALONG THE CENTERLINE OF THAT PUBLIC ALLEY, S 64 deg. 28 min. 21 sec. W, 216.33 FEET TO THE AFOREMENTIONED POINT; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, S 13 deg. 42 min. 28 sec. W, 25.96 FEET; THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO A PROPERTY CORNER SHARED BY CC CROSSROADS, LLC (D.B. 1160, PG. 467) AND BURBANKS INVESTMENT, LLC (D.B. 998, PG. 440); THENCE TO AND ALONG COMMON LINES WITH BURBANKS INVESTMENT, LLC (D.B. 998, PG. 440), N 13 deg. 42 min. 28 sec. E, 31.88 FEET; THENCE S 50 deg. 54 min. 36 sec. E, 13.84 FEET TO THE POINT OF BEGINNING, CONTAINING 361.54 SQUARE FEET OR 0.008 ACRES. TRACT "B" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31sT) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE SAME STARTING POINT DESCRIBED FOR TRACT "A"; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 64 deg. 28 min. 20 sec. E, 186.33 FEET; THENCE N 25 deg. 31 min. 40 sec. W, 12.50 FEET TO THE EASTERNMOST PROPERTY CORNER OF ALBERTA AND MARSHALL DAVIS (D.B. 1255, PG. 717); 7 THENCE TO AND ALONG COMMON LINES WITH ALBERTA AND MARSHALL DAVIS (D.B. 1255, PG. 717) , S 64 deg. 28 min. 20 sec. W, 192.26 FEET; THENCE S 50 deg. 54 min. 36 sec. E, 13.84 FEET TO THE POINT OF BEGINNING, CONTAINING 2,366.13 SQUARE FEET OR 0.054 ACRES. TRACT "C" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31S) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE FOLLOWING CALL FROM THE CITY MONUMENT LOCATED AT THE INTERSECTION OF THE CENTERLINE OF CLARK STREET AND THE CENTERLINE OF SOUTH 31s' STREET, N 25 deg. 31 min. 40 sec. W, 861.27 FEET FOLLOWING THE CENTERLINE OF SOUTH 31" STREET TO THE CENTER OF THE SUBJECT 25 FOOT WIDE PUBLIC ALLEY, THENCE ALONG THE CENTERLINE OF THAT PUBLIC ALLEY, S 64 deg. 28 min. 21 sec. W, 204.34 FEET TO THE AFOREMENTIONED POINT, THAT AFOREMENTIONED POINT ALSO BEING THE NORTHERNMOST POINT OF TRACT "D"; THENCE S 25 deg. 31 min. 39 sec. E, 12.50 FEET TO A PROPERTY CORNER OF CC CROSSROADS, LLC (D.B. 1179, PG. 300, D.B. 1160, PG. 483, D.B. 1160, PG. 467); THENCE TO AND ALONG COMMON LINES WITH CC CROSSROADS, LLC (D.B. 1160, PG. 467), N 64 deg. 28 min. 20 sec. E, 174.34 FEET; THENCE N 25 deg. 31 min. 40 sec, W, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, S 64 deg. 28 min, 20 sec. W, 174.34 FEET TO THE POINT OF BEGINNING, CONTAINING 2,179.25 SQUARE FEET OR 0.050 ACRES; TRACT "D" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31sT) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE SAME STARTING POINT DESCRIBED FOR TRACT "A"; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 64 deg. 28 min. 20 sec. E, 11.99 FEET; THENCE S 25 deg. 31 min. 39 sec. E, 12.50 FEET TO A PROPERTY CORNER OF CC CROSSROADS, LLC (D.B. 1179, PG. 300, D.B. 1160, PG. 483, D.B. 1160, PG. 467); THENCE TO AND ALONG COMMON LINES WITH CC CROSSROADS, LLC (D.B. 1179, PG. 300, D.B. 1160, PG. 483), S'64 deg. 28 min. 20 sec. W, 6.05 FEET; THENCE TO AND ALONG COMMON LINES WITH CC CROSSROADS, LLC (D.B. 1260, PG. 606, D.B. 1179, PG. 300, D.B. 1160, PG. 483), S 13 deg. 42 min. 28 sec. W, 304.04 FEET TO A PROPERTY CORNER SHARED BY CC CROSSROADS, LLC (D.B. 1260, PG. 606) AND AMFM, LLC (D.B. 1345, PG. 572); THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 13 deg. 42 min. 28 sec. E, 309.98 FBET tO tTHE)POINT OF BEGINNING, CONTAINING 3,950.25 SQUARE FEET OR 0:091 ACRES; ' Y 2 TRACT "E" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING AT THE SOUTHEAST PROPERTY CORNER OF TRACT "A"; THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO A PROPERTY CORNER SHARED BY CC CROSSROADS, LLC (D.B. 1160, PG. 467) AND BURBANKS INVESTMENT, LLC (D.B. 998, PG. 440); THENCE TO AND ALONG COMMON LINES WITH CC CROSSROADS, LLC (D.B. 1179, PG. 300, D.B. 1160, PG. 483, D.B. 1160, PG. 467), S 13 deg. 42 min. 28 sec. W, 450.00 FEET TO THE EDGE OF MAPLE AVENUE; THENCE ALONG THE EDGE OF MAPLE AVENUE, S 76 deg. 15 min. 22 sec. E, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 13 deg. 42 min. 28 sec. E, 450.00 FEET TO THE POINT OF BEGINNING, CONTAINING 5,625.00 SQUARE FEET OR 0.129 ACRES; TRACT "F" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST. (31sT) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING AT THE SOUTHWEST PROPERTY CORNER OF TRACT "D' ; THENCE S 76 deg. 15 min. 22 sec. E, 12.50 FEET TO A PROPERTY CORNER SHARED BY CC CROSSROADS, LLC (D.B. 1260, PG. 606) AND AMFM, LLC (D.B. 1345, PG. 572); THENCE TO AND ALONG COMMON LINES WITH AMFM, LLC (D.B. 1345, PG. 572), S 13 deg. 42 min. 28 sec. W, 66.00 FEET; THENCE N 76 deg. 15 min. 22 sec: W, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 13 deg. 42 min. 28 sec. E, 66.00 FEET TO THE POINT OF BEGINNING, CONTAINING 825.00 SQUARE FEET OR 0.019 ACRES; TRACT "G" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31sT) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING.AT A POINT, SAID POINT BEING AT THE SOUTHEAST PROPERTY CORNER OF TRACT "E"; THENCE ALONG THE EDGE OF MAPLE AVENUE, S 76 deg. 15 min. 22 sec. E, 12.50 FEET TO THE SOUTHWEST PROPERTY CORNER OF JOSEPH WAYNE GORLINE (D.B. 768, PG. 414); THENCE TO AND ALONG COMMON LINES WITH JOSEPH WAYNE GORLINE (D.B. 768, PGE 414, D.B. 959; PG, 530),•N 13 deg. 42 min. 28 sec. E, 100.00 FEET; %r. 3 THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, S 13 deg. 42 min. 28 sec. W, 100.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1,250.00 SQUARE FEET OR 0.028 ACRES; BEARINGS IN THE ABOVE DESCRIPTIONS ARE BASED ON GRID NORTH AS DETERMINED BY KENTUCKY STATE PLANE COORDINATES, SOUTH ZONE (1602), NAD 83. SECTION 2. That this Resolution shall be treated as, and is, the final report of the Paducah Planning Commission respecting the matters appearing herein. SECTION 3. 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. SECTION 4. Any agreements between the parties that are affected by the closure of this alley shall be forwarded to the City Commission with this Resolution. Cathy Crece us, hairwoman Adopted by the Paducah Planning Commission on February 19, 2018 4 r' RECE'V�D CITY OF PADUCAH, KENTUCKY MAR 15 ?018 PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION ENGINEERING 'DEPARTMENT Date: January 26, 2018 Application is hereby made to the Mayor and Board of Commissioners for the closing of. Public Right -of -Way: Portion of public way between S. 31st St. and Maple Ave. in Paducah, KY Included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a Plat showing the Public Right -of -Way to be closed. This Application indicating consent of the Public Right -of -Way closure, has been signed and notarized by all real property owners whose land adjoins the portion of Public Right -of -Way proposed to be closed. If the application is not signed by all adjoining real property owners, the "Public Right -of -Way Closure Guarantee" must be attached. Respectfully submitted by all adjoining property owners: 011 Signature of Property Owner CC Crossroads, LLC Property Owner's Name Printed 7 Westvale, Paducah, KY 42001 Address Signature of Property Owner Burbanks Investment, LLC Property Owner's Name Printed P.O. Box 1080, Paducah, KY 42001-1080 Address STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing instrument was sworn to and acknowledged before m this �, day of r Ar by. I - (Pa `t My Commission expires Notary Public, State at Lar SEAL I'My! STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing instrument was sworn to and acknowledged before me this day of Feb"L N , 20A-1 by t3t1►Un A, tWhbVrn Cts Mariag'er of lbwtang,% inves-fmcni-,t-t-c. My Commission expires 15' ao-)110//18 C-/ -�(;L1��fllUlYltllf/fi... State at Lq*', d' GARY S E ASL s �A�;.a 'A -. aA�.•''' i igna re of Property Owner AMFM, LLC Property Owner's Name Printed 7 Westvale, Paducah, KY 42001 Address (ZL� Signature of Property Owner Joseph Wayne Gorline Property Owner's Name Printed 1345 Kentucky Ave., Paducah, KY 42001 Address oe gnat a of Property Owner Alberta and Marshall Davis Property Owner's Name Printed 7 Westvale, Paducah, KY 42001 Address ' RECE/VE + i MAS' 15 Zola STATE OF KENTUCKY ) EN(;1NErR1 COUNTY OF McCRACKEN ) ��p�RTMr• r,� The foregoing instrument was sworn to and acknowledged before Epe this 1-0 day of y R kv 20L� by ab.�r Ami, t 1'e - My Commission expires Notary Public, State at Large `OFFICIALSEAC ROBERT KEITH WILKE Notary Public, State of Kentuckkyy S E A L 14 Comniss b1 W es OW1 ra12018 04 P00400001 STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing instrurient was sworn to and acknowledged before me this -rte— day of zim , 20 10 by �iri!z�-r� MQr,,& tR My Commission expires Nota Public, State at Large J SEAL STATE OF KENTUCKY COUNTY OF McCRACKEN 6 t03 7 -0 The foregoing instrument was spurn to and acknowledged., before this R) day of Ja ti v 20L_ by My Commission expires LJ Notary Public, State at Lar `OFFICIAL SEAL ROBERT KEITH WILKE Notary Public, State of Kentuo My Commission Expires 09/15/21118 SEAL ID# 51193114 AN ORDINANCE ACCEPTING THE BID OF HUFFMAN CONSTRUCTION, LLC, FOR THE FLOODWALL PUMP STATION #2 REHABILITATION PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME WHEREAS, the City requested sealed competitive bids for the Floodwall Pump Station No. 2 Rehabilitation which is a component of the larger Floodwall Rehabilitation Project, currently in progress; and WHEREAS, the bid of Huffman Construction, LLC, a Kentucky limited liability Company, dated February 23, 2018, in the amount of $4,947,000.00 for the Floodwall Pump Station No. 2 Rehabilitation is in substantial compliance with the bid specifications; and WHEREAS, Design Engineer of Record, HDR Engineering, and City staff are recommending that the bid be awarded and the contract be entered into with Huffman Construction, LLC. KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. That the City of Paducah accepts the bid of Huffman Construction, LLC, in the amount of $4,947,000.00, for construction services for the Floodwall Pump Station No. 2 Rehabilitation, said bid being in substantial compliance with the bid specifications, and as contained in the bid of Huffman Construction, LLC, dated February 23, 2018. SECTION 2. That the Mayor is hereby authorized to execute a contract with Huffman Construction for the Floodwall Pump Station No. 2 Rehabilitation, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid and authorizing the Mayor to execute all other documents associated with the contract. SECTION 3. This expenditure shall be charged to project account FW0014. 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, March 27, 2018 Adopted by the Board of Commissioners, A 61 1 l (1 a0 Recorded by Tammara S. Sanderson, City Clerk, Published by The Paducah Sun, \ord\eng\bid-Floodwall Pump Station #2 Rehab Construction — Huffman Agenda Action Form Paducah City Commission (�i�.rch arl � a01� Meeting Date: Febraa�9-1 Short Title: Flood Pump Station #2 Rehabilitation -Construction Bid Award ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work Bv: Maegan Mansfield, P.E., EPW Proj. Mgr Presentation By: Rick Murphy, P.E., City Engineer and Public Works Director Background Information: On February 23rd, 2018, the Engineering Public Works (EPW) Department opened bids for the Flood Pump Station #2 Rehabilitation project. Two (2) bids were received as follows: Huffman Construction, LLC: $4,947,000.00 Harper Construction: $4,994,141.53 The Design Engineer of Record, HDR Engineering, provided an opinion of probable cost for construction of $5,388,336.00. HDR vetted each bid for compliance with grant authorities and to ensure all bid components were accurately submitted. HDR Engineering recommends Huffman Construction be awarded the project on the basis that Huffman Construction is the lowest responsive bidder, their bid was within 8.2% of the engineer's estimate, and the understanding the Huffman Construction is capable of performing the project scope and necessary resources to deliver a successful project. The Pump Station #2 Rehabilitation project is a component a part of the larger Floodwall Rehabilitation project currently in progress with the USACE. The Floodwall Rehabilitation project includes rehabilitation of all pump stations, flap gates, seal closures, gate wells, t -walls, toe drains, i -wall investigation, and a new Pump Station #14. Pump Station #2 was taken on by the City of Paducah prior to receipt of funding for the overall Floodwall Rehabilitation project due to emergent needs of the pump station. All Pump Station #2 dollars will be submitted to the USACE to count towards the City's 35% "in-kind" match required as a part of the larger project. The Pump Station #2 Rehabilitation project has received a $1,000,000.00 Community Development Block Grant (CDBG) and a $400,000.00 grant from the Delta Regional Authority (DRA). The rest of the funding will be loaned from the Kentucky Infrastructure Authority as a part of their Cleanwater State Revolving Fund (CWSRF) at a 0.5% interest rate and eligible forgiveness of $1,300,000.00 with an eligible loan amount not to exceed $5,100,000.00. The loan amount will cover design fees, resident inspection fees, construction administration fees, and construction fees. Goal: ❑ Strong Economy ® Quality Services 0 Vital Neighborhoods 7 Restored Downtowns Agenda Action Form Funds Available: Account Name: Pump Station #2 Construction Project Number: FW0014 Account Number: N/A Page 2 Staff Recommendation: Authorize the mayor to execute a contract with Huffman Construction in the amount of $4,947,000.00 and authorize the Mayor to sign all necessary documents that correspond to the contract. Attachments: Paducah PS#2 Bid Evaluation Letter FJI NA De a ent Hea Cit Clerk it Manager NA March 7, 2018 Rick Murphy, P.E. City of Paducah -• 300 South 5th Street Paducah, KY 42003 RE: Bid Evaluation and Justification - Flood Pump Station #2 Rehabilitation Dear Mr. Murphy: The bids for the Flood Pump Station #2 Rehabilitation project were received and opened on February 23, 2018. The following two (2) bids were received: ■ Huffinan Construction, LLC $4,947,000.00 ■ Harper Construction $4,994,141.53 HDR's opinion of probable cost for construction (Engineer's OPCC) was $5,388,336. The low bidder is within 8.19% of the engineer's estimate. To develop the Engineer's OPCC HDR utilized our recent bidding history of projects with similar size and intricacy such as: Louisville Metropolitan Sewer District's 4th Street Flood Pump Station. Improvements Project. Additionally, HDR requested numerous quotes from equipment and material manufacturers as well as utilizing RS means values, a common industry estimating tool, in several locations. Bid Tab Review In review of the two (2) bids the numbers are relatively close only a 1% difference between Huffman Construction, LLC and Harper Construction. Further review showed that almost all the bid items were somewhat consistent in price indicating the two (2) Contractors understood the project parameters. Below is a breakdown comparison of Table No 1 included in each Contractors Bid. hdrinc.com 401 West Main Street, Suite 500 Louisville, KY 40202-2936 T 502.909.3234 F 502.909.3235 F�2 Table No. 1 - Cost Distribution Amone Various Construction Cateeories in Packaee A Construction Category Harper Construction Huffman Construction, LLC Removal (Pumps #3 & #4) $86,879.00 $108,000.00 Removal (Pumps #5 & #6) $91,239.00 $108,000.00 Examination of Castings (Pumps #3 & #4) $96,795.00 $79,200.00 Examination of Castings (Pumps #5 & #6) $96,759.00 $50,200.00 New Pump Components (Pumps #3 & #4) $454,916.00 $280,600.00 New Pump Components (Pumps #5 & #6) $345,120.00 $2.10,740.00 Rehab/Rebuild (Pumps #3 & #4) $128,716.00 $273,600.00 Rehab/Rebuild (Pumps #5 & #6) $166,698.00. $217,520.00 Motor Rebuild (Pumps #3 & #4) $4,355.00 $7,040.00 Motor Rebuild (Pumps #5 & #6) $:191822.00 $34,450.00 Submersible Pump (Pump #1) $26,235.00 $24,200.00 MH #24 Sluice Gate & Electric Actuator $136,500.00 $48,000.00 Roof Work $126,135.24 $103,000.00 Total $1,780,169.24 $1,544,550.00 Phone Interview HDR conducted a phone interview with Remington Huffman, Project Manager for Huffman Construction and the individual who prepared the Bid, on February 28, 2018. Items discussed during this interview were understanding of the project elements, construction timeframe and expectations, experience with this type of work, current workload, staff expertise, and financial commitments. Recommendation Upon review of the Bid Tab and conduction of a Phone Interview, HDR recommends the project be awarded to Huffman Construction. The following are the basis for this recommendation: ■ Huffinan Construction is the low responsive bidder. ■ Huffinan Construction's bid came within 8.19% of the engineer's estimate (OPCC) and within 1% of the next bidder. ■ HDR feels Huffinan Construction has a firm understanding of the project scope and necessary resources to deliver a successful project. hdrinc.com 401 West Main Street, Suite 500 Louisville, KY 40202-2936 T 502.909.3234 F 502.909.3235 ■ Huffinan Construction has demonstrated to be a qualified contractor capable of handling this type of work. Please let me know if you have any questions comments or need additional information. Sincerely, Kyle Guthrie, P.E. Associate HDR hdrinc.com 401 West Main Street, Suite 500 Louisville, KY 40202-2936 T 502.909.3234 F 502.909.3235 4 04 pt4� ORDINANCE NO. 2018 — 4- 3 )A P AM.. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AND SERVICES AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR THE ESTABLISHMENT OF A COMPUTER ASSISTED DISPATCH SYSTEM THAT WILL BE UTILIZED IN THE OPERATION OF THE CITY'S 911 SYSTEM." WHEREAS, Tyler Technologies, Inc. has offered to provide the City with software and related hardware for the establishment of a computer assisted dispatch system that will utilized in the operation of the City's 911 system, which offer is defined by the terms contained in a "License and Services Agreement"; and WHEREAS, the software and related equipment as described under that Agreement will enhance the City's 911 system, and improve the overall effectiveness of the services that are provided through that system KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. The City Commission does hereby accept the terms contained in the "License and Services Agreement," and approve the execution of that Agreement. The City Commissioner authorizes an expenditure of up to $916,282.00 to fund the initial costs and fees under the Agreement. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute the "License and Services Agreement" in behalf of the City. SECTION 3. 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, March 27, 2018. Adopted by the Board of Commissioners, April 10, 2018. Recorded by Tammara S. Sanderson, City Clerk, April 10, 2018. Published by The Paducah Sun, , 2018. \ord\911\agree-911-CAD system kkhb Agenda Action Form Paducah City Commission Meeting Date: 3/27/2018 Short Title: Computer Assisted Dispatch (CAD) System Purchase for 911. ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: McManus, Stringer, Barnhill, Zidar, Kyle, Tinsley, Chino. Presentation By: Ed McManus. Background Information: This is a major part of phase I of our 911 upgrade project. Primarily a software product combined with IT hardware components. Implementation is expected to take 12 — 18 months, bringing our dispatch capabilities & service current with industry marketplace and standards. Request for Proposal was issued on August 21, 2017 with bid submission due October 20, 2017. This was a competitive bidding process and there was no public bid opening. After receiving bids from 2 vendors, Tyler Technologies and Caliber, competitive scoring and negotiations were conducted with assistance from the consulting firm (Federal Engineering) contracted to assist us. Tyler Technologies was selected and we negotiated the initial bid of $1,643,379.00 to an agreed price of $916,282.00. Goal: ❑Stron'g Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: 911 Project GOB Account Number: E91105 mance Staff Recommendation: The City Commission authorize Mayor Harless to execute a contract with Tyler Technologies/New World for the purchase and installation of a Computer Assisted Dispatch (CAD) system in the amount of $9169282.00. Attachments: Agenda Action Form Department Head City Clerk City nagger Page 2 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH EQUATURE, INC. FOR THE PURCHASE AND INSTALLATION OF AN UPGRADED RECORDING SYSTEM THAT WILL BE UTILIZED IN THE OPERATION OF THE CITY'S 911 SYSTEM, AND THE LICENSE OF THE SOFTWARE THAT IS A PART THEREOF WHEREAS, Equature, Inc. has offered to provide the City with an upgraded recording system that will be utilized in the operation of City's 911 system, and a license for the software that is a part of thereof, which offer is defined by the terms contained in a "Software License/Hardware Purchase Agreement"; and WHEREAS, the recording system and software as described under that Agreement will enhance the City's 911 system, and improve the overall effectiveness of the services that are provided through that system KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. The City Commission does hereby accept the terms contained in the "Software License/Hardware Purchase Agreement," and approve the execution of that Agreement. The City Commissioner authorizes an expenditure of up to $261,699.00 to fund the acquisition cost under the Agreement. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute the "Software License/Hardware Purchase Agreement" in behalf of the City. SECTION 3. 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, March 27, 2018 Adopted by the Board of Commissioners, April 10, 2018 Recorded by Tammara S. Sanderson, City Clerk, April 10, 2018 Published by The Paducah Sun on , 2018 \ord\911\agree-911-recording system -logging recorder kkhb Agenda Action Form Paducah City Commission Meeting Date: 3/27/2018 Short Title: Logging Recorder purchase for 911. ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: McManus, Stringer, Barnhill, Zidar, Kyle, Tinsley, Chino. Presentation By: Ed McManus. Background Information: This is a part of phase I of our 911 upgrade. This is a hardware and software component used to record all 911 communications center telephone conversations and radio transmissions. Request for Proposal was issued on November 17, 2017 with bid submission due December 22, 2017. This was a competitive bidding process and there was no public bid opening. After receiving bids from 2 vendors, Equature & Revcord, competitive scoring and negotiations were conducted with assistance from the consulting firm (Federal Engineering) contracted to assist us. Equature was selected and we secured a purchase price of $261,699.00. Goal: ❑Strong Economy ® Quality Services[:] Vital Neighborhoods[] Restored Downtowns Funds Available: Account Name: 911 Project GOB ns 22 [� Account Number: E91105 �Ainance Staff Recommendation: The City Commission authorize Mayor Harless to execute a contract with Equature for the purchase and installation of a Logging Recorder system in the amount of $261,699.00. Attachments: Department Head City Clerk Kitynager equature Interactive Response Equature SOFTWARE LICENSE/HARDWARE PURCHASE AGREEMENT Agreement Preparation Date:1/25/2018 please initial and date all pages. City of Paducah Kentucky, hereinafter referred to as "Client", enters into this Agreement that includes all the terms and conditions of all the pages of this agreement, with Equature, Inc., who hereinafter may be referred to as Equature, located at 18311 W. Ten Mile, Southfield, MI 48075. Equature will install hardware, its telecommunication management software, and interfaces (System) in accordance with the Client's RFP, dated 11/17/2017, Equature's RFP Response, dated 12/20/2017, and as clarified in the email to Federal Engineering and the Client dated 1/10/2018, both of which are included in this Agreement by reference (the "Contract Documents"). Equature shall warrant the hardware and software provided under this Agreement for a period of ten (10) years from the date of System acceptance by the Client ("Acceptance Date"). Client is responsible for the equipment that Client provides. The software will provide all of the telecommunications management reports and utilities Software performance is in direct correlation with data/information provided by Client. Included Services. Equature will provide the following services with respect to the Hardware and Software: - All required labor, materials, equipment, and services to design, integrate, implement, test, guarantee, maintain, and update/upgrade the System. Client will provide all connections from the telephone system(s) (PBX / Radio) as required by Equature. A connection to the network. All house wire, cable and electrical connections. -- System Service which include online service on a 24-hour basis and built-in 24-hour alarming system Updates to Software. Requisite updates will be provided, remotely installed and include: online help, and new releases of your software version. Training services which include initial onsite training and lifetime online training, and any additional training at Equature's facilities. equature 92 Interactive Response Maintenance and support service including free telephone assistance continuously 24 hours per - day 365 days per -year during the ten-year warranty period. A description of the maintenance and support services are provided in Appendix "A" to this Agreement. Total contract price: $261,699.00 per Equature's 1/10/2018 clarified RFP response. Contract price includes all products and services to be provided hereunder. Installation to Customer Provided Connection points (5 ft from recorder location). Payment terms: The client shall pay the contract price in accordance with the following payment schedule. - 20 percent on delivery. 30 percent Phase I — Installation & Transition to Production Environment. 30 percent Phase II — Installation & Transition to Production Environment. 20 percent on final system acceptance. Implementation Schedule: (Estimated Business Days) Order received by EQUATURE (Order) Kick-off meeting / Conference Call (Order + 5 days) Architecture review and finalization (Kickoff + 5 days) Delivery Schedules (Order + 20 days) Initial delivery schedule based on initial award 4-6 weeks Structure delivery to coordinate with site activities, establishing provided monitoring circuits and vendor schedules Production Schedule Assembly - Testing - Burn -in Completion N Kequature 2 Interactive Response Pre -installation checklist created / Completed (Order+ 25 days) Pre -Installation site visit/ Walk-through, If applicable Installation / Confirmation / Acceptance Test (Order + 30 days) Primary / Archive — Access confirmation On-site Training / Online Training, if applicable Setup: Remote Monitoring & Proactive Status Notifications Sign -off/ System Acceptance (Order + 35 days) EQUATURE Money Back Satisfaction Guarantee Equature is pleased to offer this Money Back Satisfaction Guarantee. As a manufacturer and developer of Next Generation 9-1-1 Communication Capture Solutions, we are in direct contact with our customers and do not have to rely on the Reseller model of moving requests and concerns up the chain of command. You have a direct line to the top. We have over 25 years of experience in servicing the Public Safety community and understand the needs and challenges you face each day. We have a long track record of success which allows us to offer the following guarantee. In the event the EQUATURE® Recording system does not perform during the acceptance period to standard 911 recording features and functions then City of Paducah can terminate the agreement with 90 days' notice to correct the issues and receive a full refund. We look forward to creating a long-term Business Partnership! ADDITIONAL TERMS AND CONDITIONS: LICENSE AGREEMENT. Client desires to obtain from Equature a non-exclusive and non -transferable license to use Equature-provided hardware, telecommunication software, programs, procedures, and related material in accordance with the provisions herein. LICENSE. Subject to the terms and conditions of this Agreement, Equature hereby grants and Client accepts a non -transferable and non-exclusive license to use those programs, procedures and related materials collectively and individually on the computer equipment provided by Equature. Client does not obtain title to any of Equature's software programs, documentation or formats of either the original programs or subsequent programs that may or may not be provided in the future, and does not have the right to copy, alter, reproduce, resell or give away any of the information of Equature's software. All information shall be considered as trade secrets of Equature and/or the software. Kequature 2 Interactive Response WARRANTIES: Equature makes the following warranties on the Hardware and Software that are sold hereunder Hardware Warranty. Equature warrants that the Hardware shall be fully compliant with and satisfy all of the specifications, requirements and standards of performance that are contained in the Contract Documents and shall be free of all material defects and deficiencies. Should the Hardware, or an component thereof, fail to comport with any of these warranty requirements, Equature shall take all corrective action to resolve that failure, including the replacement of any defective or deficient Hardware. This warranty does not apply to any product that had been repaired, worked upon or altered by persons not so authorized by Equature or in Equature's sole judgment has been subject to misuse, negligence or accident. This warranty also does not apply to any of Equature's products which have been connected, installed, used, adjusted or in which operating materials have been installed or materials assembled otherwise than in accordance with the instructions furnished by Equature. Software Warranty. Equature warrants that all of Equature's software shall (i) be fully compliant with and satisfy all of the specifications, requirements and performance standards that are contained in the Contract Documents (specifically including the format and information that was supplied in any samples that were provided), (ii) shall provide the reports that are currently designed and those required by the City of Paducah, Kentucky Multimedia Logging Recorder System RFP dated 11/17/2017. and (iii) shall be free of all material defects and deficiencies. Should the Software, or a component thereof, fail to comport with any of these warranty standards, Equature shall take all corrective action to resolve that failure, including the replacement of any defective or deficient Software. Any reports not designed or required the Client's RFP will be considered "Custom" and must be approved by Equature. Warranty Term. The warranties made by Equature under this Section shall remain in effect for a period of ten (10) years following the Acceptance Date. INDEMNITY. Equature shall fully indemnify, defend and save Client harmless from any third -party claim filed against the Client which is based, in whole or part, on (i) any defect or failure in the Hardware and/ or Software, (ii) any negligent act or omission of Equature, or its subcontractor and agents, and (iii) the infringement of any intellectual property rights; provided that Client provides Equature with reasonable notice of such claim, and cooperates with Equature is defending against that claim. Equature shall also indemnify the Client on any damages, losses and expenses (including attorney fees) that Client incurs as a result of Equature's failure to comply with and/or perform the covenants, obligations, warranties and undertakings that it has assumed under this Agreement. Provided, however, that Equature shall not have any indemnity liability on any claim, cause of action, damages, losses or expenses that arise from Client's sole negligence or fault, or from Client's breach under the Agreement. LIMITATIONS ON DAMAGES. Except as otherwise provided in this Agreement, Equature shall not be liable to Client for direct, indirect, incidental or consequential damages that it incurs as a result of any 4 equature Interactive Response defect or use of the software. Provided, however, The Limitation of Liability Provisions under this Section shall not apply to any claims that are attributable to or result from (i) Equature's bad faith or willful breach of its covenants and obligations under this Agreement, (ii) the gross negligence or willful misconduct of Equature's employees, agents and subcontractors, or (iii) the infringement of a third part's intellectual property rights TERMINATION. If for any reason this Agreement between Client and Equature is terminated, abridged, canceled, breached or nullified, both parties agree that the license agreement shall remain in effect in perpetuity. All originals, all copies and all derivatives of all programs, documentation, modifications, derivatives and any other material received from Equature, and/or Equature's software shall be returned immediately. However, upon written authorization from Equature, copies of information and software may be retained for archive purposes only. In the event of termination, all rights and obligations of the parties shall cease, except for the infringement on the trade secrets, ownership and copyrights of Equature's software. OTHER In the event Equature fails to comply with its contract obligations under this Agreement, or fails to remedy any breach of the warranties that it has made hereunder, Client shall have all rights and remedies as provided under Kentucky, including the rights and remedies that are provided under Kentucky's uniform commercial code as codified under KRS Chapter 355 If any one or more of the provisions of this Agreement, or the application of such provisions to the Client, Equature or any circumstances shall be held invalid; the remainder of this Agreement shall remain in full force and effect. Equature shall not be liable for any loss or damage suffered by the Client caused by "Acts of God" or from any other cause beyond the control of Equature, and Client, by signing this Agreement, acknowledges and agrees to this provision. Equature has not made nor is Client relying upon any representations other that those specifically set forth herein. Both parties concur that the entire Agreement between the parties is set forth herein. Additions, deletions or changes to this Agreement must be in writing and signed by Equature and Client to become effective. This Agreement, additions, deletions or changes to this Agreement shall be null and void unless signed by an Officer of Equature. This agreement shall be deemed made in and governed by the laws of the State of Kentucky. RESOLUTION OF DISPUTES In the event of any dispute regarding the interpretation or enforcement of this Agreement, the parties shall attempt to resolve the dispute by negotiation. If the dispute cannot be resolved by negotiation, the parties shall submit the dispute for administered mediation. In the event a dispute cannot be resolved equature Interactive Response by mediation, the parties shall resolve the dispute through arbitration in accordance with the following terms: Request for Arbitration. Upon the written request of a party, the dispute shall be submitted to an arbitrator designated by American Arbitration Association who shall have authority to resolve the dispute through the arbitration process. In accepting arbitration, each party expressly waives their rights to trial by jury. Arbitration Proceedings. The arbitration proceeding shall be conducted in Paducah, Kentucky, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. It is agreed and understood that the Subcontractor shall continue to perform the Work during the pendency of the proceeding. Arbitration Decision Final and Binding. The Arbitrator's decision shall be final and binding on both parties. Each party shall have the right to seek judicial enforcement of the arbitration award. Judgment may be entered upon the final decision of the arbitrator in any court having jurisdiction. Fees and Costs. The prevailing party shall be entitled to recover from the non -prevailing party all of its costs and expenses incurred in the arbitration proceeding, including its reasonable attorney's fees. This agreement shall be deemed made in and governed by the laws of the State of Kentucky. AGREED AND ACCEPTED: City of Paducah, Kentucky By Name/Title Date 214119 ORDINANCE NO. 2018 — 4 - 00 5 O'� �- 4400 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH XYBIX SYSTEMS, INC. FOR THE PURCHASE AND INSTALLATION OF FURNITURE THAT WILL BE UTILIZED IN THE OPERATION OF THE CITY'S 911 SYSTEM WHEREAS, XYBIX Systems, Inc. has offered to provide the City with dispatch console furniture that will be utilized in the operation of City's 911 system, which offer is defined by the terms contained in a "Dispatch Console Furniture Agreement"; and WHEREAS, the furniture provided under that agreement will be beneficial to the City's 911 system, and improve the efficiency of the services that are provided thereunder. KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. The City Commission does hereby accept the terms contained in the "Dispatch Console Furniture Agreement," and approve the execution of that agreement. The City Commission authorizes an expenditure of up to $69,018.30 to fund the acquisition cost under the Agreement. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute the "Dispatch Console Furniture Agreement" in behalf of the City. SECTION 3. 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, March 27, 2018. Adopted by the Board of Commissioners, April 10, 2018. Recorded by Tammara S. Sanderson, City Clerk, April 10, 2018. Published by The Paducah Sun, , 2018. \ord\911\agree-911 equip -furniture -workstation Agenda Action Form Paducah City Commission Meeting Date: 3/27/2018 Short Title: Dispatch Workstation Purchase for 911. ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: McManus, Stringer, Barnhill, Zidar, Kyle, Tinsley, Chino. Presentation By: Ed McManus. Background Information: This is part of phase I of our 911 upgrade project. The current workstation is out of date and not configured to be compatible with the installation of new CAD, Logging Recorder, and Radio System (phase II). Request for Proposal was issued on January 8, 2018 with bid submission due February 7, 2018. This was a competitive bidding process and there was no public bid opening. After receiving bids from 7 vendors, competitive scoring and negotiations were conducted. Xybix was selected and we negotiated an agreed purchase price of $699018.30. Goal: ❑Strong Economy ® Quality Services[] Vital Neighborhoods[] Restored Downtowns Funds Available: Account Name: 911 Project GOB Account Number: E91105 &�nance Staff Recommendation: The City Commission authorize Mayor Harless to execute a contract with Xybix for the purchase and installation of a Dispatch Workstation in the amount of $69,018.30. Attachments: Department Head City Clerk City Manager qp x y b i x Form • Function • Health • Performance Dispatch Console Furniture Agreement THIS AGREEMENT is made and entered into by and between the City of Paducah 911, 510 Clark Street, Paducah, KY. 42003, hereafter referred to as "Customer" and XYBIX Systems Inc., 8207 SouthPark Circle, Littleton, CO 80120, hereafter referred to as the "Contractor". RECITALS WHEREAS, the CUSTOMER, wishes to purchase the product and services of the Contractor to provide new dispatch console furniture; and WHEREAS, there are funds available for the purchase of these services; NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the CUSTOMER, and the Contractor agree as follows: ARTICLE 1: TERM AND COST OF THE AGREEMENT 1.1 The Contractor agrees to furnish services on behalf of the CUSTOMER during the period commencing upon receipt of a "complete order" (including; executed contract or Purchase Order, executed finish selection sign -off sheet, executed cable selection sign -off sheet, and executed final drawing sign -off sheet) and terminating upon the final installation and completion of any punch lists, as per final approved drawing City of Paducah 911- REV 2 attached hereto and identified as Attachment B. 1.2 The Contractor shall be paid for time, materials and expenses. The cost of this Agreement to CUSTOMER shall not exceed $ 69,018.30 as per XYBIX quote #22336 Revision C attached hereto and identified as Attachment A. 1.3 Acceptance Test Plan —A CUSTOMER representative shall be available on maximum 24 hours' notice to walk the project with Contractor's representative for the purpose of testing the functionality and specification compliance of all equipment supplied by the Contractor. A "punch list" will be created and signed by both parties with Contractor indicating the lead time required to complete punch list. CUSTOMER may withhold a maximum of 10% of the contract total as retention for completion of the punch list. Punch list form is attached hereto and identified as Attachment C. 1.4 Time is of the essence on this project. The Contractor agrees to have the console furniture built, installed and tested by July 16th, 2018. CUSTOMER agrees to have a "complete order" to Contractor by April 13th, 2018. 1.5 The Contract documents are as follows. This agreement and any amendments to it include; o Attachment A — Quotation Page 1 of 9 XYBIX Dispatch Console Furniture Contract — 2015A p® Xybix Form • Function • Health • Performance Dispatch Console Furniture Agreement o Attachment B — Final Drawings o Attachment C — If applicable, acceptance test plan, punch list form, and any amendments to listed attachments ARTICLE 2: EQUIPMENT AND SERVICES TO BE PROVIDED. 2.1 The specifications in this Agreement identify the type of console furniture equipment CUSTOMER is purchasing. 2.1.1 CUSTOMER shall designate one employee as the Project Director who shall act with and on behalf of CUSTOMER. That employee shall be Brent Stringer. The Contractor, his employees and associates shall coordinate work schedules with the Project Director, Mr. Kelley Smith. 2.1.2 The Contractor shall provide all hardware, system engineering, software, material and labor necessary to deliver, install and test, fully operational console furniture equipment. Delivery and installation is to be at the CUSTOMER located in 510 Clark Street, Paducah, KY. 42003. The Contractor shall be responsible for installing the dispatch console furniture in the location(s) indicated, and as directed by the Project Director. 2.2 WORK INCLUDED: All necessary and incidental equipment needed in order to meet the requirement for a complete installation in full compliance with specifications and approved drawings shall be supplied by the Contractor. The Contractor is responsible for verifying the completeness of any parts lists, the correctness of any type numbers and the overall suitability of the equipment to meet the main purpose of this Agreement. ARTICLE 3: GENERAL TERMS 3.1 LICENSES, PERMITS AND APPROVALS: The Contractor shall obtain and pay for all permits, licenses and approvals necessary for the execution of the Contract and shall comply with all of the laws, ordinances, rules, orders, and regulations relating to performance of work. 3.2 SHIPMENT OF EQUIPMENT: The Contractor shall assume all risk and bear all costs for all equipment until it has been delivered to CUSTOMER premises. The Contractor shall unpack and inspect all equipment to verify it is free of physical defects. 3.3 STORAGE OF MATERIALS: CUSTOMER will provide a reasonable level of security for storage after delivery by Contractor and prior to final acceptance. It shall be the Contractor's responsibility for storage of any materials and CUSTOMER will not be responsible for loss of, or damage to materials, tools, appliances, or other causes unless such loss or damage results from negligence of CUSTOMER. Page 2 of 9 XYBIX Dispatch Console Furniture Contract — 2015A 01- gep xybix Form • Function • Health - Performance Dispatch Console Furniture Agreement 3.4 ASSIGNMENT OF CONTRACTUAL RIGHTS: It is agreed that the Contractor shall not assign, transfer, convey, or otherwise dispose of the Agreement or its right, title or interest in or any part thereof, without previous written consent of CUSTOMER and any sureties. 3.5 PAYMENTS: The Contractor may submit billing invoices based on the following schedule: 50% billable upon contract execution and 40% billable upon delivery of materials Net 30 day terms. A 10% punch list retention for final touch up to be paid within 30 days of final sign -off or beneficial use and occupancy of Consoles, whichever occurs first. 3.6 TITLE FOR EQUIPMENT: Title passes to Customer upon final sign -off, acceptance and payment in full. No written title document need be supplied by the Contractor. 3.7 EXTRA WORK: No claims for extra work will be allowed unless same shall have been previously ordered by CUSTOMER in a written change order. 3.8 TAX EXEMPT STATUS: Customer shall be entitled to all tax exemptions provided under law. Customer shall provide contractor with sufficient documentation to evidence its tax exempt status. 3.9 DELIVERY REQUIREMENTS - CONTRACTOR RELEASE: Contractor shall be excused from performance during the time and to the extent they are prevented from obtaining, delivering, or performing in the customary manner, by acts of God, fire, war, strike, loss or shortage of transportation facilities, lockout or commandeering of raw materials, products, plants or facilities by the government. Contractor shall provide CUSTOMER satisfactory evidence that non-performance is due to other than fault or negligence on their part. 3.10 TESTING: All equipment to be supplied under this Contract shall be tested in the factory of manufacture by the original equipment manufacturer before shipping. CUSTOMER reserves the right, at CUSTOMER's expense, to personally witness and participate in the factory testing. 3.11 CLEANING: Each day during the installation, the Contractor shall keep clean the portion of the premises where work is being done and remove from the premise any trash, litter, packing, or other materials that result from the performance of the Agreement. 3.12 CONTRACT MANAGEMENT: The Contractor shall appoint a Project Manager who shall be responsible for the progress and quality of all work to be performed, and be available for discussions, when requested by the Project Director, concerning the fulfillment of the Agreement. Official documents addressed to the Contractor will be delivered to the Project Manager by the Project Director. The Project Manager shall be Page 3 of 9 XYBIX Dispatch Console Furniture Contract — 2015A bix-- -xJ Form • Function • Health • Performance Dispatch Console Furniture Agreement available for work on this project at the time of signing the Agreement. 3.13 NOTICE AND SERVICE THEREOF: Any notice to the Contractor from CUSTOMER relative to any part of this agreement shall be considered delivered and the service thereof completed when said notice is posted by certified mail to the said Contractor at its last given address or delivered in person to said Contractor or its Project Manager on the job. 3.14 EQUIPMENT AND INSPECTION: The duty for determining rejected or defective equipment shall rest equally upon the Contractor and CUSTOMER and faulty equipment and defective work may be rejected at any time before the final completion and acceptance of the work. 3.15 INSURANCE: If required and upon request by CUSTOMER, Contractor can provide a certified proof of insurance. The certificate will follow these terms and requirements. Work shall not commence until all necessary insurance requirements have been met and certificates thereof have been filed with CUSTOMER. All certificates of insurance shall be made out to CUSTOMER and submitted to CUSTOMER prior to the signed Agreement. The insurance required below shall remain in effect throughout the term of this Agreement, and must not be allowed to lapse by the Contractor. The Contractor shall require that all Subcontractors, including individuals hired as Independent Contractors, also maintain the insurance required below. The Subcontractors, and individuals hired as Independent Contractors, shall provide certificates of insurance to the Contractor, and the Contractor shall provide copies of those certificates to the City before the Subcontractor begins work. Renewal certificates, for the Contractor, all Subcontractors, and all Independent Contractors, shall be submitted to CUSTOMER for policies which expire during the term of this agreement, or work may be stopped or payment delayed by CUSTOMER. Insurance Requirements The Contractor agrees it will defend, indemnify and hold harmless CUSTOMER, its officers and employees against any and all liability, loss, costs, damages and expenses which CUSTOMER, its officers or employees may hereafter sustain, incur, or be required to pay arising out of the Contractor's performance or failure to adequately perform its obligations pursuant to this Agreement. The Contractor further agrees that in order to protect itself as well as Page 4 of 9 XYBIX Dispatch Console Furniture Contract — 2015A xybiX Form • Function - Health - Performance Dispatch Console Furniture Agreement CUSTOMER under the indemnity provision set forth above, it will at all times during the term of this Contract keep in force: 1. Comprehensive General Liability Insurance Policy with minimum limits of $1,000,000 combined single limit (CSL), with coverage pertaining to operation and premises of Contractor; 2. Automobile Liability Insurance including owned, non -owned and hired vehicles in an amount not less than $1,000,000 combined single limit (CSL) for total bodily injuries and/or damages arising from any one accident. If automobiles are not used, we must receive a letter from you stating this; 3. Workers Compensation Insurance. 4. Prior to the effective date of this Agreement, and as a condition precedent to this Agreement, the Contractor will furnish the Owner with certificates of insurance listing CUSTOMER as Additionally Insured. 3.16 LAW OF THE STATE OF KENTUCKY: This Agreement is entered into within the State of KENTUCKY, and the law of said state, whether substantive or procedural, shall apply to this Agreement, and that all statutory, charter and ordinance provisions that are applicable to public Contracts in the City and the State of Colorado shall be followed with respect to this Agreement. 3.17 RECORDS - AVAILABILITY AND RETENTION: The Contractor agrees that CUSTOMER, the CUSTOMER Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, et., which are pertinent to the accounting practices and procedures of the Contractor and involve transactions relating to this Agreement. Contractor agrees to maintain these records for a period of six years from the date of termination of this Agreement. 3.18 NON-DISCRIMINATION: During the performance of this Agreement, the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, sexual orientation, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. 3.19 MERGER AND MODIFICATION: It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to Page 5 of 9 XYBIX Dispatch Console Furniture Contract — 2015A ag-p x y b i x Form • Function • Health • Performance Dispatch Console Furniture Agreement be part of this Agreement. 3.20 INDEPENDENT CONTRACTOR: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures within CUSTOMER. No tenure or any rights or benefits including Workers Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available CUSTOMER employees, shall accrue to the Contractor or employees of the Contractor performing services under this Agreement. 3.21 3.21 WARRANTY: The Contractor shall warrant to CUSTOMER, that the equipment to be delivered shall conform to the CUSTOMER'S specifications, requirements and performance standards. 3.21.1 Time of Warranty: The warranty term shall be for a period of five years from the date of final completion and acceptance of the total complete work by CUSTOMER or beneficial use and occupancy of the furniture whichever occurs first. 3.21.2 Design Performance: The Contractor shall warrant that the equipment is capable of performing satisfactorily under normal operating conditions at specified equipment ratings and capacity. The Contractor shall warrant that the equipment supplied is free from imperfections in design, materials or construction which would create hazards. 3.21.3 Corrective Work: Should the equipment or any component thereof fail to comport with any of the warranty standards contained hereunder, Contractor shall take all corrective action to resolve that failure, including the replacement of any defective equipment. 3.22 TRAINING AND DOCUMENTATION: The Contractor shall provide on-site training and instruction for CUSTOMER employees covering the operation of the console work position features including, but not limited, to the adjustable monitor surface and the adjustable writing and keyboard surface. The Contractor shall also provide the Owner with any and all pertinent documentation describing the features and operation for the console work positions. 3.23 SCHEDULE: CUSTOMER will provide a date a minimum of sixty (60) calendar days in advance when installation is to begin. The Contractor is to complete installation within 5 calendar days after that date. That date will be approximately June 25th, 2018 with a completion by June 29th, 2018. 3.24 The prices, terms, and conditions of this contract may be extended to other governmental agencies at the mutual agreement of both the agency and the Contractor. All requirements of the specifications, purchase order, invoices, and payments with the other agencies would be executed directly between the Page 6 of 9 XYBIX Dispatch Console Furniture Contract— 2015A qp xybix Form • Function • Health • Performance Dispatch Console Furniture Agreement Contractor and the using agency. ARTICLE 4: CONSOLE FURNITURE GENERAL REQUIREMENTS 4.1 NEW EQUIPMENT: All equipment and materials shall be new, and shall be the best of their respective kinds, free of corrosion, scratches, or such other defects as to present anything other than a new appearance. This agreement defines the minimum technical requirements and parameters for all console furniture units for the CUSTOMER Communications Center. 4.1.1 Current Design: The electronic equipment to be installed by others in the console furniture will be modular and reflect current concepts in dispatch center design. 4.1.2 Standards: The console furniture shall meet or exceed the latest applicable ADA, BIFMA, and ANSI/HFES100-2007 Ergonomic Standards. All panels and equipment mounting rails shall conform to EIA standards. 4.2 MECHANICAL REQUIREMENTS: The radio communications console furniture shall have an electrically adjustable keyboard shelf/writing surface independent of the monitor surface and an electrically adjustable monitor surface. 4.2.1 Construction: If selected, the console furniture panel enclosure shall consist of a 14 ga. welded and powder coated painted steel framework with 20 ga. steel (fabric/acoustical) tiles or panel segments attached to both sides to form a strong and attractive enclosure system. The acoustical panels shall use Class A flame spread fabrics and all panel system components shall be of non-combustible construction. Console furniture must be designed so it can be disassembled and reconfigured in the field. 4.2.2 Colors and Finish: The consoles shall have colors and finishes as follows: Panel Trim: Black Panel Fabric: Guildford of Maine, Lido Cape May 2858-023 Laminate: Color T -Mold: Black Melamine: Color Edge band: Color Handle: D -Pull, Black 4.2.3 Work Surface: The Contractor shall provide a vertically adjustable, Page 7 of 9 XYBIX Dispatch Console Furniture Contract — 2015A eggxybix Form • Function • Health • Performance Dispatch Console Furniture Agreement electric powered, keyboard/writing surface. The writing/keyboard surface shall be vertically adjustable with a lifting capacity of 350 pounds. The top of the writing surface shall be at a height from the floor of 23 inches when at the lowest vertical setting. The highest vertical setting shall be 50 inches allowing an operator to work comfortably while in a standing position. 4.2.4 Monitor Surface: The Contractor shall provide a vertically adjustable, electric powered, monitor surface. The monitor surface shall be vertically adjustable with a lifting capacity of 350 pounds. The top of the monitor surface shall be at a height from the floor of 23 inches when at the lowest vertical setting. The highest vertical setting shall be 50 inches allowing an operator to work comfortably while in a standing position. 4.3 Stability: The console furniture shall be designed to prevent the console from tipping over due to high loads on the writing/keyboard or monitor surfaces or elsewhere. The consoles shall be capable of resisting a static load anywhere on the writing surface of 500 lbs. without damage resulting. Support legs shall not interfere with operator feet. 4.4 Leveling: The bottom of the console furniture shall be equipped with leveling devices that the Contractor shall use at the time of installation to provide a writing surface that is essentially level even if there is a slight variation from level in the flooring. 4.5 Task Lighting: If selected, each of the indicated consoles shall be equipped with a Contractor provided, installed and connected articulating task light, equipped with LED light bulbs as per approved drawings. 4.6 MyClimate Personal Environments Circulated Air System: If selected and per the drawings in Attachment B, the Contractor shall provide and install a MyClimate Personal Environments System for each of the console furniture positions. 4.7 Focal Depth adjustment. LCD monitors can be placed on a RollerVision focal depth adjuster which provides 10 inches of easy manual adjustment from 20" minimum to 30 maximum. 4.8 Drawings: Contract drawings as approved by Customer shall be the basis for all materials provided and for installation of consoles in the space provided. It is the responsibility of CUSTOMER to verify with Contractor that all equipment is accounted for. Page 8 of 9 XYBIX Dispatch Console Furniture Contract — 2015A xvbix 0-01 Form • Function • Health • Performance Dispatch Console Furniture Agreement Contractor having signed this Agreement, and the CUSTOMER officials having duly approved this contract on the day of , 20_, and pursuant to such approval and the proper CUSTOMER officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form: City of Paducah 911 Representative, Title Date: XYBIX SYSTEMS, INC. Barry Carson, President Xybix Representative, Title Date: March 22nd, 2018 Page 9 of 9 XYBIX Dispatch Console Furniture Contract — 2015A