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Home My WebLink AboutCCMPacket2013-12-10CITY MM.14ISSIO\ MEET[\G -kGENDA FOR DEC E:'v[SER 10, 2013 x:30 P.N1- ROLL CALL I\Y'OCAT(O PLEDGE OF ALLEGIANCE ADDITIONSMELETIONS RECOGNITION: Mayor: • Christmas Ornament Contest Winners AN OC\XE-MENT -- Paducah Tennis Association- jASON COLTHARP, JANE G.- ABLE & IASA LAUCh PRESEWATIO\S: • handiCAP.- BLE Guide Set -Nice, Inc. - TOM BRCZ.a\ • PRA Reorganization - CITY.MGR PEDERSON' I, 'NUNUTES i II. MOTION'S A. R & F Documcnt� I III, MUNICIPAL ORDERS A. Personnel :fiction; - C. MEDFORD B. Amend Position and Pay Scheclide - C. MEDFORD C. Ametol Pav Gracie SCllcClllle - C. yII:DFORD i D. KLC Safety Grant - S. CHINO i IN'. ORDINANCES- ADOPTION k Appro\ e Change Orcicr No I forth,: \nhle Parl Pool Rene\ atiotl� Project Phase II nonce;,ion stand - m. TH011P50\ S Appi-me Final Buci,2et t\ /Amendments Cor FV -201-1-_21013 -1 PERKINS/A. HERNDON C. authorize Payment for Emerg:.nc� R -pair of Pump -t:At Flood,,vall Station 41 - R. MURPHY T D. Purchase Vehicles for Police Department - R. ML,RPHY E. Amend :-SBC Ordinance to Allo,,N Sales of .-alcohol While the Polls Arc Open - CITY ti[GR V. ORDINANCES - INTRODGCTION A. Strategic Health Risk Ads i;or and Stra[egic Benefit Placement Seri ices - C.NIEDFORD B. .agreement for Ser\ ices «ith EdurnedicS - C. 1IEDEORD C. Hotel Development .agreement - S. DOOLITTLE D. Loan to Paxton Park tiiunicipal Gulf COLIFSe - CITY MANAGER NT CITY MAN AGER REPORT N'II. MAYOR & COMMISSIONER COMMENTS Vf(f. P[;BLIC COMMENTS IX. EXECUTIVE SESSION DECEMBER 10. 2013 I =C that the foliov\ inv docuinentS be teceiced and filed: DOCL NIENI S [SIDS Certificates of Liabilit_\ Insurance a. Super Crew b. Lonnie Wjgms Concrete c. BCD. Inc. d. .associated Engineers. Inc. Right oCWay Bond for BCD, Inc. Commi;,ioner's Deed For 1016 South 5" Street Deed "ith Henn and Seg a Rut for > 1 1 Forth 50 Sweet Agreements Contracts: a. Interlocal Agreement for Acceptance and Administration of an Ed\catd B}erne Justice :assistance Grant (JAG) Award - S 13,332.09 (ORD _ 2013-09-_'013 ) b. Contract kith KinscVs La" n and Landscape for grounds maintenance OF appvnimately 130 city o"ned properties (ORD -2011-03-7793) Notice of Cancellation for the Board of Commissioners of the Cit} of Paducah. Kenuich Ar 3:30 PAW. Tuesday December 3. 3013 PLANNING DEPARTMENT 1. Bid For 902 South 5°i Street Siener Properties. LLC. CITY OF PADUCAH December 10, 2013 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. ger's Signature Date FIRE SUPPRESSION Kii-Kram. Timohy Kirkham. Timothy FIRE PREVENTION Brazier, Har'and CITY OF PADUCAH PERSONNEL ACTIONS December 10, 2013 PAYROLL ADJUST M ENTSIT RAN SFERS/PROMOTION SITE M PORARY ASSIGNMENTS PREVIOUS POSITION AND BASE RATE OF PAY Relief Driver S14 40,Hr Acting Fire Lieutenant S15.31 Hr Intenm Code Enfor S,.ovsr S20 76: Hr CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY Acting Fire Lieuterant $15.611H r Relief Driver S14 40/Hr Code Enforcement OPicer I S 19.77; Hr NCS Non -Ex November 7. 2013 NCS Non -Ex Noverr)er 22. 2013 NCS Non -Ex December 5. 2013 Agenda Action Form Paducah City Commission Nleetivg Date: December 10. 2013 Short Title: Amend Position & Pay Schedule all sections ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Missi Dotson, Martia Russell, Cindy 'Medford, Jeff Pederson. Mark Thompson, Steve Ervin Presentation By: Cindy Medford Background Information: The commission adopted the previous Position and Pay schedule Oil June 25. 2013. This action will amend the cutTent Position & Pay Schedule with changes as follows: • Fire and Police step increases • This amendment also includes clean-up and audit necessary to reflect the correct, current number of vacant and filled positions. • Change trade of the Community Dcvetopment Plaruler Froin L to M • Remove Patrol Clerk from Police Department and replace with Records Clerk I The following position; have been vacated and are recommended for removal from Paducah Renaissance alliance • Remove from budget total Executive Director • Remove from budget total Marketing Specialist • Remove from budget total Executive Assistant Z7 The Following positions are recommended to replace the above vacated positions. • Downtown Development Specialist in the Planning Department • Special Events Coordinator in the Park Services Departinent Goal. ®Strong Econoniy ® Quality Services❑ Vital Neighborhood. Restorccf DokGiitmkns Funds Available: Account Name: Finance Account Number: Staff Recommendation: Adopt the amended Position & Par Schedule. Attachments: Position & Pay Schedule �� Department Head City Clerk C' - t ler �� CITY OF PADUCAH FY 2013-2014 .December 10, 2013 POSITION AND PAY SCHEDULE Section A, HOURLY 40 40 40 4C 40 E NE NE NE = S 8 B C J WAGE GENERAL GOVERNMENT AUTHORIZED POSITIONS FY 13114 BUDGET FILLED VACANT ADJ. HOURS EXEMPT PAY POSITICNS TOTAL NON -CS RCSSICS RATE HOURLY NON•EXEMPI GRADE Administration HOURLY WAGE 1 1 58 57 4D E Z Execuuve Assistant I BUDGET FILLED VACANT ADJ. HOURS EXEMPT PAY POS'.TIONS TOTAL NON -05 RCSSICS RATE WORK NON-EXEMPT GRADE GAy iManacuer 1 6837 40 E 4A Assistant City Manager E c 40 1 18 11 40 Z Assistant to Ine Oily Manager p City C!erk I 3134 4D E P Asst. Ciiy Clerk FY 13114 4C NE F Executive .Assislanlll 1 1 1991 40 NE I AU^�r'�sliatire Assistart III t 4,35 dG NE Public Information Officer 1 ? 2683 4C F P Total BudgetedlFilled for Department 5 4 1 0 WORK NONEXEMPT GRADE l rector riornia:i2,l Technaloyy 1 44 39 40 E '.i Nehrrcrk admin S:rator Section B. FINANCE DEPARTMENT AUTHORIZED POSITIONS FY 13114 P Help Desk TeCh,Ciar, Revenue Revenue ii 1 1 4ccount Clerk 2 1 1 Revenue Tech. 1 1 Revenue AAto 1 1 Total a gets a or Department 11 11 0 0 P.pr? �; 'na <<ec,.�:ae ;.ss�stan[ I eesw�n s�.,_,, a;eo in puun arl;rcon t fall cz `I�Izo ?s a Ncn-C'vI Ser'rce c narce =CO2 -a Note: RCSS - Individuals Retain Civil Service Status HOURLY 40 40 40 4C 40 E NE NE NE = S 8 B C J WAGE BUDGET FILLED VACANT ADJ. HOURS EXEMPT PAY POSITICNS TOTAL NON -CS RCSSICS RATE WORK NON•EXEMPI GRADE Administration HOURLY Director of Finance 1 1 58 57 4D E Z Execuuve Assistant I 1 1 16 02 40 NE F AccountinglPayroll AUTHORITY BUDGET FILLED VACANT ADJ. Ccntmher 1 1 3188 43 E T Accounts Payable Clerk 1 1 10 01 40 NE C Accountant 2 1 19 81 40 E c 40 1 18 11 40 E Revenue Revenue ii 1 1 4ccount Clerk 2 1 1 Revenue Tech. 1 1 Revenue AAto 1 1 Total a gets a or Department 11 11 0 0 P.pr? �; 'na <<ec,.�:ae ;.ss�stan[ I eesw�n s�.,_,, a;eo in puun arl;rcon t fall cz `I�Izo ?s a Ncn-C'vI Ser'rce c narce =CO2 -a Note: RCSS - Individuals Retain Civil Service Status 27 87 14 32 1290 I6-15 20.91 oosticn 40 40 40 4C 40 E NE NE NE = S 8 B C J sect] on C. PADUCAH RIVERFRONT DEVELOPMENT AUTHORIZED POSITIONS FY 13114 HOURLY WAGE AUTHORITY BUDGET FILLED VACANT ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON -CS RCSSICS RATE WORK NONEXEMPT GRADE E.xeculrre Drectcr 1 4C,Lo 40 E T Total BudgetedlFilled for Department 1 I 1 0 0 Section D. INFORMATION TECHNOLOGY AUTHORIZED POSITIONS FY 13114 HOURLY WAGE BUDGET FILLED VACANT ADJ. HOURS EXEMPT PAY ?OSI"CNS TOTAL NON -CS RCSSICS RATE WORK NONEXEMPT GRADE l rector riornia:i2,l Technaloyy 1 44 39 40 E '.i Nehrrcrk admin S:rator 31 12 40 E P Help Desk TeCh,Ciar, 1916 40 l,,E . Natverk Technic:an 40 NE t �iS Speccalisl I 26.33 40 E GIS,PIar.ner! 1 29.02 40 E Total BudgetedlFilled for Department 5 5 C 0 a r. ;r. cs3 Gree tc 77 777 7a"+Ices - 71 7777 L7 77, rrclac'.. Page 1 of 8 CITY OF PADUCAH FY 2013-2014 December 10, 2013 POSITION AND PAY SCHEDULE Section E. PLANNING DEPARTMENT AUTHORIZED POSITIONS FY 13114 HOURLY WAGE BUDGET FILLED VACANT ADJ. HOURS EXEMPT PAY PCSS T IONS TOTAL NON -CS RCSSICS RATE WORK NONEXEMPT GRADE ll of Planning 1 1 42.09 40 E Ezecutive.Assislant I 1 1 20.83 40 SNE F Admin Asst 11 1 1 17.43 40 +E C Planner 1 1 1 23.17 40 a L Planner II M Do:vnto w Development Special st 1 t 40 E M Grarts. Adrrinistrator 1 1 nen,} 24 76 40 E L Community Derelenment Planner 1 1 25.18 40 E LAd Section 3 Prcgram Administrator 1 1 33.78 40 c P Hoesing Specialist 2 1 20.16 40 ,,c H 1 13.39 40 NE H Total BudgetedlFilled for Department 10 9 0 1 Section F. POLICE DEPARTMENT AJTHORiZED POSITIONS FY 13114 PCSITICNS Pcl;ce Ch!ei -elite Ass scant Cn of Step 1 Step 2 Step 3 Step 4 Captains <5 years 5 years 9 year 12 years 15 years 19 years 22 years 25 years Records Division f:lanager Sergeants 5 years 6 years years 9 years 9 years 10 years 11 years 12 years 13 years 14 years 15 years o years 7 years 3 years 19 years 20 years 21 yea"s 22 years 23 years 24 years 25 years HOURLY WAGE BUDGET FILLED VACANT Al HOURS EXEMPT PAY TOTAL NON -CS RCSSICS RATE WORK NON-EXEMPT GRADE 1 1 54—" 42.03 40 = z 2 40 E S 3094 4 34,77 1 3631 6 31 2 �3 1 1 9 Page 2 of 8 46 28,77 28,52 2905 3054 30 80 30.93 2008 40 40 24 32 24 41 24 52 24 61 24.72 24.82 2491 25 01 2511 25.20 25 31 2542 25 51 25 00 2570 2580 2591 2b 02 25 12 2622 20 31 E C E K HE P CITY OF PADUCAH FY 2013-2014 December 10, 2013 POSITION AND PAY SCHEDULE Police Officer "00 3 40 NE J Po ice Officer - Recruit 1573 1 year 5 3 20-86 2 years 2 2096 3 years 4 21.9E 4 years 3 2201 5 years S 7 22.72 oyears 3 5 22?3 7 years 3 22.83 9 years E 4 23.10 9 years 5 23.21 10 years 3 5 23.30 11 years 3 2 2341 12 years 5 23.5C 13 years 2 3 2331 14 years 2 23.71 15 years 2331 13 years 2391 17 years 3 24 CC 18 years 4 2 24,11 19 years 2421 20 years 24.32 21 years 24.41 22 years 2452 23 years 1 24 '1 24 years 2472 25 years 2432 Executive assis[ant II 1 21.62 40 NE Ajniiristrauve Assistant Ili 47 a7 40 NE D administralrre Assistant II 4G NE Records Clerk 1 3 3 1335 40 NE C InfesligativeAssislant 1 1 1710 40 NE G Records Clerk II 1 155 40 N'E D Records Clerk '!II ? 1 1525 40 NE E 2a Fal �IarR 3 3 43,35 40 NE C Erdence Technician II 1 1 15.63 10 NE F E%i.eF ce Tdcr.rician l 1 1 1325 40 NE C r;.c;;1fferent_yl.amen:heyworx:h,a .er�r.pandgrareya'd;hit Sec,eary Pt,bh Ini"wnrahcn 011c:r .s prw:ceo'.vo'ours ,r r. r:u^t cal' -ccr cay Total Budgetedi lled for Police Department 87 1 83 0 4 Section G. FIRE DEPARTMENT AUTHORIZED POSITIONS FY ON PCSITIONS Administrative Division Fire Chief Deputy Fire Chief- Fre ?reven:ion DeP.hy Fre Ohief - Operations Cffice �danager Executrre assistant I Training Division .1a::aiion Ch,efr Training Cricer Fire Prevention Division Saaalicn Chlefr Fre Marshal Fire G,larshal Depcly Fire lvlarsnal !it Deputy Flra Marshal II Deputy F,re Marshal i Circe Erforcenert. Scpervisor Coda En`orcernent Cffcerll -ode Enforceraect Of cer HOURLY WAGE BUDGET FILLED VACANT ADJ. TOTAL NON -CS RCSSICS RATE i 4553 1 34 00 4 4 2A- 2 1 1932 1924 2 2 3 3 Page 3 of 8 2730 19 77 HOURS EXEMPT PAY WORK NONEXEMPT GRADE 40 E ;< T T 40 NE I N'E 19 77 ID E N CITY OF PADUCAH FY 2013-2014 December 10, 2013 POSITION AND PAY SCHEDULE Code Enforcement Assistant 1 1 12.95 40 NE C Permit Technician Permit Specahst 1 1 1512 40 NE C 40 NE F Chef Building Inspecior 1 2872 N Ceputy 3uilding inspectors Leve! 40 NE J Level 11 1 1 2119 40 NE L Level illfPlans Ravle,.v 4 40 NE M Chef Electrical inspector I 2742 40 tE Al Depi..ty Electncal Inspectors ,nspeclor Level 1 I 1 21 19 40 NE J (nspeclor Il+dans Revne;r 40 NE L Suppression Division Fere Assistar•! chief 3 40 = P step 1 19-57 Step 2 2026 Step 3 2D 97 Step a 21 70 Step 5 1 22 46 Step 6 23 25 Siep 7 1 2406 Sep 8 I 24.90 Step 9 25.78 Captains 15 2 NE i <1t7 years 10 47 10 years 16 49 1 1 years 16 50 12 years 16 52 13 years 16 54 14 years 1657 15 years 16 58 ' 6 years 5 6 1660 17 years 1682 18 years 16 33 19 years 16 35 20 years 1 o a6 21 years 5 16 a8 22 years 4 16 70 23 years 1 16.71 24 years 4 16.73 25 years 2 1615 26 years 2 1376 27 years 16 78 28 years ? 16 79 29 years 16,91 30 years 16 33 eulenants 15 NE <10years 1531 10 years 15.cio 11 years 15 d9 12 years 15 74 13 years 15.77 4 years 3 15 78 15 years 3 2 15 80 16 years 3 2 15 82 17 years 15 33 13 years 15 35 19 years 15 36 20 years 15 9D 21 years 15,91 22 years 1593 23 years 4 1595 24 years I 15.96 25 years 15 98 Page 4 of 8 CITY OF PADUCAH FY 2013-2014 December 10, 2013 POSITION AND PAY SCHEDULE 26 years 15 D9 27 years 6 D1 28 years 10.03 29 years 16.04 30 years 1006 Fue%hier 29 2 4 NE E re,F_ I':ei 1,Appo;nteej 4 12.01 Firefighter (On Floor) 1201, 3 marths 4 12% 1 year 13 23 2 years 13.41 3 years 5 1360 4 years 1365 5 years 13 P6 d years 1 13 71 7 years 13,75 8 years 1376 9 years 13.81 1C years 1386 11 years 1391 12 gears 1392 13 years 1394 14 years 13-95 15 years 13 97 16 years 13 99 17 years 1400 18 years 1403 19 years 1405 20 years 1407 = re4hter{fte:ief Grirerl HE F 5 COLA + SO 39 + SO 1 J 1 year 1382 2 years 14 00 3 years 14.19 4 years 14 24 5 years 3 2 14 27 6 years 2 1430 7 years 1.1.33 S years 2 1435 9 years e 5 t4.4O 10 years 2 1434 11 years 14 19 12 years 1.1 51 13 years 14 52 14 years 2 1 14 54 15 years 1 14.56 13 year 1457 1 years 14 o2 19 years 14 64 20 years ;4 35 Total BudgetedlMed for Department 78 73 1 4 a csi:.c'. Jam' :.,i I3c;,r? j .r ;r:., mag al'. -'ani'y r3c-,tJr 2WT_.., �. �PuP; _..-1' 31 i'; P_--]r ;pe7:onevAls are=ee-valerr. -e steps �evels are Vicat=_d oy 3;ate cer.r.',cal cn Jost:crs arc el m,raied :h'CI.Ch ar: . „ :ney .',III ed as ..L'n-t ,ii service NCs,4pr3 Note: RCSS - Individuals Retain Civil Service Status Section H. AUTHORIZED POSITIONS HOURLY BUDGET WAGE ENGINEERINGIPUBLIC WORKS DEPT. FILLED VACANT ADJ. HOURS EXEMPT PAY Page 5 of 8 CITY OF PADUCAH FY 2013-2014 December 10, 2013 POSITION AND PAY SCHEDULE POSMON5 TOTAL NON -CS RCSSICS RATE WORK NONEXEMPT GRADE Cdv Engineer d Puhlic'A'erks Director 1 1 54 31 4G E Z aorm',V3v & Drainage E igineer 1 1 2597 40 E R Eo.gineering Project Manager 1 1 2835 37 5 NE N EP'N Coeraticrs tilarager 1 1 26 57 4C E 0 Eag,neenng Assistant ill 10 E NI rgineenng.Assistant II L Engineering Assislanl I I 1 J Executive Assistant I 1 1 16.45 40 NE F 'dm�nistratve Assistant III 1 1 1124 40 NE C Floodwall Division E. -'Td Flood*all Superintendent 1 1 2981 40 _ N FlccdwallOperatcr 4 10 NE Sol,," 1435 1556 Q0''4 16.48 950 1739 1OG 4 1832 Street Division EP'Pv Street Superinterdeni 1 1 3125 42 E N EFA'StreetSupervisar 2 4 1 22.5 E L 1 21 53 E L Equipment Operator 4 NE E 80'0 14 53 85" 0 15.43 90"o 1634 954' 17 25 00" 4 18,16 Ccr.crete F,nisher 3 2 NE E 80. 14.52 B5'o 1543 90°5 16 35 95'5 17 25 G0=5 1 2 18 19 g'n;-Of-Nay �l,lainienarce Perscn 10 4 NE 80'0 1 4 13,74 85'!b 1 14.59 92'.0 15.45 951.5 2 1 16 31 X003,1 3 2 3 2 17 f7 Maintenance Division EP;V=feet".Maintenance S1.1per n:erdE 1 1 3346 40 E 0 EP%%. i,,laintenarce Supervisor 1 1 21 90 E L LaOcref 2 1 NE C 80'/0 12 19 35"n 13 59 14 39 95'5 15.13 GG" 2 3 3 1598 Traffic Techrician 2 NE E 80 1110 1465 S5'b 1556 9ii f6 48 95% 1739 100'.5 2 18 31 aasler Electrician I I 22 3D NE L t.1a.r!enarce Technician 2 NE E ao°5 14 i5 85= 15 au 1849 17 39 Page 6 of 8 CITY OF PADUCAH FY 2013-2014 December 10, 2013 POSITION AND PAY SCHEDULE uG % 2 1831 Fleet Maintenance Division EPIN Fleet Sucer iscr 1 22-93 E _ administrative Ass,stani III 1839 40 SNE D Feet lleonanIC i N r'eet Mechanic II T Nz i 1 1794 1907 19.74 20.01 Solid Waste Division EP',V Solid Was:e Superimenden[ 1 2737 10 E N SciidWaste Supervisor 1 2231 L 7 -PVI CDnnDOst Operations Supernsor 1 21.53 E L Admirist n''rre Assistant III 1653 40 NE D Laborer 7 SE C 501" 12.79 35'11 1359 90N 1 14 39 95'.6 15,18 4 2 1598 Truck Driver 10 NE C 80% 13.04 85 5 1419 90'5 1534 f 10 '.9 OG'c 4 5 5 1704 P;cit:-2_yVayGlain:enance?erson 3 NE C 80 13-74 85'6 14 '-9 90'-� 15_.5 95''� 16.31 1001; 2 1 17 17 "mposl Equipment Operator NE F K'11� 14.86 85'.5 15 79 90S 10 72 95'5 1765 CO" 18,;8 Total BudgetedlFilled for Department 77 46 26 5 ,c - cos' ons --r=;limina'.ad Irrcrgh 3r7ilicn Tey .:ol ca Ylec es a Sern2e cositicns Nate: RCSS - Individuals Retain Civil Service Status Irr-I :.'eY„ii: �0'i 1cid 35 Sor, r.,s(iI - _ _-'='_❑'p,;'_�� n :."B 33sh J„?. -n a'c�.� in 3:1 �I Qi^iS '-:ei!'_ o'r..7 f`i.fgrar; d” Hr n ilre JED' . ]^A: ]^A: .,a :gZie 'J ]U 5C err a5 a 'Lea��r Section I. PARKS SERVICES DEPARTMENT AUTHORIZED POSITIONS HOURS EXEMPT PAY BUDGET FILLED VACANT WORK NON-EXEMPTGRADE F0SITI,-N TOTAL NON -CS RCSSfCS c( Px.ks Sty 1 1 44 04 E Pecrea:on Scpennlendent 2279 E N =ar,s Va:nterance SuperinlendenI. I 2508 V Carnetery Sexton 19 a8 E P Special Egents Coordinator fteur_alicn JoeCl dlS; 2 - -_ I 13.85 I 1439 1 X29 cx�u,.?''ressis:ant'. 1 1822 ^lE Page 7 of 8 CITY OF PADUCAH FY 2013-2014 POSITION AND PAY SCHEDULE Administrative Assistant III 1 1 Admmietrauve AsastaniIi 1 1 Maintenance Division Supervisor I Laborer 11 80% 85'r' 4 90`5 95'6 1 ice% 6 4 RiyN Cf -Way ,Maintenance Person 3 80% 85% 90% 9515 100°G 1 2 Total BudgetedlFilled for Department 25 18 6 1 '.c'e hCL3,:Onsare ermmated through atlrilien Le/ 11 do `hiedasNon -Cvd Service positions. Note: RCSS Individuals Retain Civil Service Status )Ic:a >=57fF ame0yaeo m the c assiicaton atove shall ce da iole'o roc ive "Sndt D.neren paY of 3J35'ir I'l—rojee, n the aoo classricacon shalt on e bie o S05C `r as a ' Ac, Leader Section J. December 10, 2013 14.75 NE D 1445 NE C 21 05 E L L NE C 12 79 1359 14 39 1518 15^-8 13 74 14 59 1515 1631 1717 NE C HUMAN RESOURCES AUTHORIZED POSITIONS FILLED VACANT HOURS EXEMPT PAY BUDGET FILLED VACANT HOURS EXEMPT PAY PCSITIGNS TOTAL NON CS RCSSICS WORK NON-EXEMPTGRADE D rector of uman Resources 1 1 1361 40 E `/ Risk manager f 40 0 H R Generalist 2 2 1721 40 E 1^ E H 3 1 3 0 0 -1 Total BudgetedlFilled for Department ectlon K. AUTHORIZED POSITIONS PADUCAH RENAISSANCE ALLIANCE BUDGET FILLED VACANT HOURS EXEMPT PAY POSITIONS TOTAL NON -CS RCSSICS WORK NONEXEMPT GRADE ExeCclive Director 4 4 40 Mar'xeting Specialist t f 40 ,. Events & Promotion Specialist 40 E H Executive Assistant 1 -1 10 NE F Total BudgetedlFilled for Department 0 1 0 0 0 Page 8 of 8 Agenda Action Form Paducah City Commission Nleetine Date: Decemher 10. 2013 Short Title: Amend Pay Grade Schedule ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Martin Russell, Cindy Medford, Jeff Pederson Presentation B�: Cindy Medford Background Information: June 25, 2013 the Commission adopted the new Pav Grade Schedule, this action makes a couple of adjustments to the document LIS presented in the Position and Pay, Schedule amendment. A brief summary of changes are as follows: • Add Downtown Development Specialist to Pay Grade yI • Add Special Events Coordinator to Pay Grade tyl • ✓love Community Development Planner from L to N • Correct Planner I by moving from J to L Goal: ❑Strong Econoni} ® Quality Services❑ Vital Neighborhood)❑ Restored Do%%wokcns Funds Available: Account Name_ ACCOunI Number: Staff Recommendation: adopt the amended Position & Pat Schzdute Attachments: Amended Position & Pay Schedule Department [lead Circ Clerk Citi A[ana�er Finance New Hire Range Market Range Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid-Point 3rd Qrt 4th Premium Firefighter (Appointee) A 1 $23,533 $26,159 $28,785 $31,462 $34,138 Account Clerk B $24,644 $27,435 $30,224 $32,990 $35,754 Admin Asst I B $24,644 $27,435 $30,224 $32,990 $35,754 Accounts Payable C}erk C $25,957 $28,847 $31,735 $34,705 $37,673 Admin Asst II C $25,957 $28,847 $31,735 $34,705 $37,673 Code Enforcement Assistant C $25,957 $28,847 $31,735 $34,705 $37,673 Evidence Technician I C $25,957 $28,847 $31,735 $34,705 $37,673 Laborer C $25,957 $28,847 $31,735 $34,705 $37,673 pAtrAl ar� C $25,957 $28,847 531,735 $34,705 $37,673 Permit Specialist C $25,957 $28,847 $31,735 $34,705 $37,673 Records Clerk I C $25,957 $28,847 $33.,735 $34,705 $37,673 Revenue Technician C $25,957 $28,847 531,735 $34,705 $37,673 ROW Maintenance Person C $25,957 $28,847 $33,735 $34,705 $37,673 Solid Waste Truck Driver C $25,957 $28,847 $31,735 $34,705 $37,673 Administrative Asst 111 0 $27,169 $30,246 $33,322 $36,356 $39,390 Records Clerk II D $27,169 $30,246 $33,322 $36,356 $39,390 Concrete Finisher E $28,583 $31,786 $34,988 $38,199 $41,410 Equipment Operator E $28,583 $31,786 $34,988 $38,199 $41,410 Firefighter F $28,583 $31,786 $34,988 $38,199 $41,410 Maintenance Technician E $28,583 $31,786 $34,988 $38,199 $41,410 Permit Technician E $28,583 $31,786 $34,988 $38,199 $41,410 Recreation Specialist E $28,583 $31,786 $34,988 $38,199 $41,410 Records Clerk 111 E $28,583 $31,786 $34,988 $38,199 $41,410 Traffic Tech E $28,583 $31,786 $34,988 $38,199 $41,410 Asst. City Clerk F $29,997 $33,367 $36,738 $40,134 $43,531 Cemetary Sexton F $29,997 $33,367 $36,738 $40,134 $43,531 Compost Equipment Operator F $29,997 $33,367 $36,738 $40,134 $43,531 Evidence Tech II F $29,997 $33,367 536,738 $40,134 $43,531 Executive Asst I F $29,997 $33,367 x36,738 $40,134 $43,531 Firefighter Relief Driver F $29,997 $33,367 $36,738 $40,134 $43,531. Floodwall Operator F $29,997 $33,367 $36,738 $40,134 $43,531 Code Enforcement Officer i G $31,512 $35,043 $38,575 $42,213 $45,652 Fleet Mechanic I G $31,512 $35,043 $38,575 $42,113 $45,652 HR Generalist G $31,512 $35,043 $38,575 $42,113 $45,652 Investioative Asst G $31,512 $35,043 $38,575 $42,113 $45,652 Flre Lieutenants H $33,027 $36,765 $40,503 $44,189 $47,874 _ Help Desk Technician H $33,027 $36,765 $40,503 $44,189 $47,874 Housing Specialist H $33,027 $36,765 $40,503 $44,189 $47,874 Events & Promotions Specialist H $33,027 $36,765 $40,503 $44,189 $47,874 New Hire Range Market Range Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid -Point 3rd Qrt 4th Premium Marketing Specialist H $33,027 $36,765 $40,503 $44,189 $47,874 Fire Captains 1 $34,744 $38,637 $42,528 $46,464 Fleet Mechanic 11 1 $34,744 $38,637 $42,528 $46,464 $50,399 Executive Asst 11 1 $34,744 $38,637 $42,528 $46,464 $50,399 Office Manager 1 $34,744 $38,637 $42,528 $46,464 $50,399 Accountant 1 $36,461 $40,558 $44,655 $48,739 $52,823 Deputy Building Inspector I J $36,461 $40,558 $44,655 $48,739 $52,823 Deputy Electrical Inspector 1 J $36,461 $40,558 $44,655 $48,739 $52,823 Code Enforcement It 1 $36,461 $40,558 $44,655 $48,739 $52,823 Deputy Fire Marshal I 1 $36,461 $40,558 $44,655 $48,739 $52,823 Engineering Asst I J $36,461 $40,558 $44,655 $48,739 $52,823 Network Technician 1 $36,461 $40,558 $44,655 $48,739 $52,823 P awl-er- d $3- c4 c" cn a c Police Officer 1 $36,461 $40,558 $44,655 $48,739 $52,823 Revenue Aud+tor 1 $36,461 $40,558 $44,655 $48,739 $52,823 Records Division Manager _ K $38,279 $42,584 $46,887 $51,219 $55,550 Deputy Building Inspector II L $39,087 $44,159 549,232 $54,310 $59,388 Deputy Electrical Inspector 11 + Plan L $39,087 $44,159 $49,232 $54,310 $59,388 Code Enforcement Supervisor L $39,087 $44,159 $49,232 $54,310 $59,388 DeveloprileRt Planne 1= 98� PA -4-S-9 �19,232 X319 $-5-9;388 Engineer Asst II L $39,087 $44,159 $49,232 $54,310 $59,388 Fire Marshall II L $39,087 $44,159 $49,232 $54,310 $59,388 Grants Administrator L $39,087 $44,159 $49,232 $54,310 $59,388 Nlaster Electrician L $39,087 $44,159 $49,232 $54,310 $59,388 Parks Maintenance Supervisor L $39,087 $44,159 $-19,232 $54,310 $59,388 P21a f;e-r--i1 Planner I L $39,087 $44,159 $=19,232 $54,310 $59,388 EPWV Supervisor -(Compost Operations, Fleet, Maintenance, Street, Solid Waste) L $39,087 $44,159 549,232 $54,310 $59,388 Chief Electrical Inspector M $41,006 $46,350 $51,694 $57,005 $62,317 Community Development Planner M 41 006 546,3501,694 57 005 62,317 Deputy Building Inspector III/Plan Review M $41,006 $46,350 $51,694 $57,005 $62,317 Downtown Deveiopment Specialist fVl 41,006 JL6,350 � 5� 57 00562 317 Engineer Asst 111 M $41,006 $46,350 $51,694 $57,005 $62,317 Fire Marshall III M $41,006 $46,350 $51,694 $57,005 $62,317 Planner 11 M $41,006 $46,350 $51,694 $57,005 $62,317 Special Events Coordinator M41 006 $46,350 51 694 57 005 62 317 Chief Building Inspector N $43,127 $48,703 $54,278 $59,914 $65,549 Title Battalion Chief Engineer Project Manager Fire Marshall Parks Maintenance Superintendent Recreation Suoerintendent EPW Solid Waste Superintendent EPW Street Superintendent EPW Floodwall Superintendent Assistant to the City Manager EPW Fleet Maintenance Superintendent GIS Analyst EPW Operations Manager Risk Manager City Clerk GIS/Planner Netvvorl< Administrator Public Information Officer Section 8 Housing Admin Police Sergeant GlS Specialist Police Captain Fire Assistant Chief Storm & Drain Engineer Deputy Fire Chief - Operations Director of Inspection Police Assistant Chief Revenue Manager Controller Deputy Fire Chief - Fire Prevention Exec Dir Paducah Riverfront Dev Aut Exec Director PRA Director of IT Director of Parks Director of Planning Human Resource Director Market Range I Premium Range Mid•Point New Hire Range Pay Grade Beginning -1st 2nd Qtr N $43,127 $48,703 N $43,127 $48,703 N $43,127 $48,703 N $43,127 $48,703 N $43,127 $48,703 N $43,127 $48,703 N $43,127 $48,703 N $43,127 $48,703 $68,781 $56,992 $62,887 0 $45,248 $51,120 0 $45,248 $51,120 0 $45,248 $51,120 0 $45,248 $51,120 0 $45,248 $51,120 $72,114 $59,841 $65,978 P $47,470 $53,656 P $47,470 $53,656 P $47,470 $53,656 P $47,470 $53,656 P $47,470 $53,656 P $47,470 $53,656 P $47,470 $53,656 $75,851 $62,834 $69,343 Q $49,894 $56,364 Q $49,894 $56,364 $79,487 R $52,318 $59,147 $83,527 $69,275 $76,400 S $54,944 $62,109 S $54,944 $62,109 S $54,944 $62,109 S $54,944 $62,109 $87,769 572,738 $80,254 T $57,772 $65,255 T $57,772 $65,255 T $57,772 $65,255 T $57,772 $65,255 $96,615 U $60,600 $68,487 $101,415 580,194 $92,223 V $63,630 $71,912 V $63,630 $71,912 V $63,630 $71,912 Market Range I Premium Range Mid•Point 3rd Qrt 4th Premium 554,278 $59,914 $65,549 $54,278 $54,278 $59,914 $59,914 $65,549 $65,549 $54,278 $59,914 $65,549 $54,278 $59,914 $65,549 $54,278 $59,914 $65,549 $54,278 $59,914 $65,549 $54,278 $59,914 $65,549 $56,992 $62,887 $68,781 $56,992 $62,887 $68,781 $56,992 $62,887 $68,781 $56,992 $62,887 $68,781 $56,992 $62,887 $68,781 $59,841 $65,978 $72,114 $59,841 $65,978 572,114 $59,841 $65,978 $72,114 $59,841 $65,978 $72,114 $59,841 $65,978 $72,114 $59,841 $65,978 $72,114 $59,841 $65,978 $72,114 $62,834 $69,343 $75,851 $62,834 $69,343 $75,851 $65,976 $72,731 $79,487 $69,275 $76,400 $83,527 $69,275 $76,400 $83,527 $69,275 $76,400 $83,527 $69,275 $76,400 $83,527 S72,738 $80,254 $87,769 572,738 $80,254 $87,769 572,738 $80,254 $87,769 572,738 $80,254 $87,769 $ 76,375 $87,832 $96,615 $80,194 $92,223 $101,415 580,194 $92,223 $101,415 $80,194 $92,223 $101,415 New Hire Range Market Range Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid -Point 3rd Qrt 4th Premium No Position W $66,862 $75,533 $84,204 $96,834 $106,518 Fire Chief X $70,195 $79,304 $88,413 $101,675 $111,843 No Position y $73,629 $837232 $92,834 $106,760 $117,436 Assistant City Manager 2 $77,366 $87,422 $97,476 $112,098 $123,308 Director of Finance Z $77,366 $87,422 $97,476 $112,098 $123,308 City Engineer & Public Works Director 2 $77,366 $87,422 $97,476 $112,098 $123,308 Police Chief Z $77,366 $87,422 $97,476 $112,098 $123,308 City Manager AA $104,232 $117,766 $131,300 $150,995 $166,095 Agenda Action Form Paducah City Commission Nle, tnn; Date: December 10. 2013 Short Title: 2013-2014 Kentt.tckV League of cities (KLC) Insurance Ser\ ices Safety Grant Application ❑Ordinance ❑ Emergenc} Z Nfunicipal Order ❑ Resolution ❑ Motion Staff Work By: Stege Erin. Rick )vfurphy. Chris Varber, Cindy Medford. SherNI Chino Presentation B\: Sherd Chino Background Information: KLCIS SaFer, Grant Program wis de\eloped in 1999 as a way for members to stretch our safety budget. The program offers reals t\w Qrants in one. It has a 50-50 matching hinds safety grant program that will reimburse a city up to S3.000 f'oi- a prior - approved items.'equipment that Will reduce Workers Compensation exposures, and another grant up to S3.000 for prior -approved items,'equipment that v ill reduce General Liability and Property ekposures. The city has received a«ards in the past and recommends an appiication to purchase mo security cameras. Additionally, this grant will allow For training costs as part of the project and ani Funds remaining X611 be utilized for the KMESHA training. The maximurn grant amount is S6,000. The total estimated project cost is S12.000: therefore. the cit\ \\ill request $6.000 from KLC and the required match kill be 56,000. Mrich «ill come from the Human Resources and Engineering Department's existing budget. IFan ativard is offered to the Cite b% KLC it will be brouUht t~efore the Commission for consideration. Goal: ❑Strong Economy I7 Qualit\ Seri iced[ ] Vital Neighborhoods❑ Restored Du\\nto��n; Funds A\a)lable: Account Name: Account ,`umber: Staff Recommendation: .-1ppro�al for the CitN of Paducah to apple for the KI_C1S Safet% Grant. \ttachnients: None s, Department Head Citi Clerk .MUNICIPAL ORDER NO. .A MUNICIPAL ORDER AUTHORIZNG THE MAYOR TO EKECITFALL DOCUMENT S NECESSARYTOOBI _AN.A 2013-2014 NIATCHING INSURANCE SERVICES S \FM GRANT .A%k AR) IN THE AMOUNT OF 56.000 FROM THE KENTGCKY LEAGUE OF CITIES FOR THE PURCHASE OF TWO SECURITICAMERAS BE IT ORDERED BY THE CITY OF P.ADUC.AH. KENTUM: SECTION I. The Macor is hereh� authorized to eacutc all document, neces,uN to obtain a 2013-_014 matehin� Iit, maIC, Sernces Safe1 Gram arc] in the anwum of 56.000 from the KenoEekV Lea_ue of Cities for the purcha,e of mo I? I ,ecuriry cameras for the Eng ineerin_-Puhhi b6-orks Department. .Additionallc. any remaining funds a ill be u,ed for tmimno Cons for the Human Resources Department to attend KNAIESHA. Matching funds in Elie amount of 56.000 will be pro, idled from Elie Hunan Resources and Eng meerin_-Public Work, departmem, hod et. SEC CION 2. Thi, order ,\ ill be in full force and eft,a( from and alter the date of ti, adoption Mam ATI EST: T.unmart S. Sander on. Cin Clerk .Adopted b% the Boar) of Gnnmi„naaers. December 10. 3n 1 ; R:corded bN Taniri S. Sandu>on. Cir} Clea L December 10, 'W; Vmor_rants`klc safeEA .iam 101 3-3014 Agenda Action Form Paducah City Commission Meetina Date: November 26. 2013 Short Title; Nobte Park Pool Concession Chance Order 41 Ordinance Z Emeracncy ❑Municipal Order F-1ResolutionC Motion ❑ Staff Work By: tiiark Thompson Presentation By: itiEark Thompson BacL,rottnd Information: The dobte Park Pool project was divided into three contracts, tl:e main pool, the spra\pad and the concession stand. This is the final changc order in the concession stand contract that will at!,Q V us to close out this portion of the project. The work delineated in the attached Chance Order #t includes th.-rcaioval and rebuild of an exterior wall at the concession stand �which was necessary to renao-3e the old asbestos water heater, the removal of an extra concrete slab uncoE-ered unexpMN ly on site and additional plumbing work that was required because the separate line Cor h.ot water had neGer been connected in past projects. Change Order #t reg ices contract wi:i: 1V11dstates COIISMIC6011 of PadUCail by increasing the project S22,968.72 to a total of S162.575.72 Goal: [:]Strong Economy ® Quality Ser%ices❑ Vital dei�zhboJc-,)JsM Re.,torud Do��ntw.%ns Fonds Avaitabte: account dame: Noble Park Pool Project account dumber: 040-8821-536-2307 PA0095 Staff Recommendation; approval Attachments: Changs Order #1 5:4 lna 1C �1II-IT �o Department Head Cite Clerk Cite \tanager Agenda Action Form Paducah City Commission Meeting Date: i\;ovember 26, 201 Short Title: Final Revised 2012-2013 (FY2013) Budget Ordinance Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Stacee Young, Audra Kemdon, Jonathan Perkins Presentation By; Jonathan Perkins, Audra Herndon Background Information: This ordinance represents the final revised budget ordinance for the year 2012- 2013 (FY2013). The FY2013 budget must be adjusted to refect all adjustments made throughout the fiscal year and any adjustments rewired by the independent Financial auditors (year-end audit adjustments). The revised budget represents year-end housekeeping & clean up following the close of the fiscal year. The City's CAFR (audit repot -t) discloses the City's original adopted budget, revised final budget and actual expenditures for the Fiscal year audited all in one place for full disclosure to the reader. Goal: ®Strong Economy ® Quality Services® Vital Neighilorhoods❑ Restored Downtowns Funds Available: Account Name: NA 1zzlzoi Account Number: \A Finance Staff Recommendation: ApproNe the final revised 2012-2013 (1~Y2013) Bud;etOrdinance Attachments: FY2013 Budget Ordinance (final) R. Finjn,�c Buci2et Bu igct otdinan.e F1'' : i3 Al -ndl \.non F.um A 1Fs - Bnd2_4 01dri�r'C"Filw I =-] ; '91 ; F1'.';l', D,,, } Department Head City Clete -I % Nlallager R. Finjn,�c Buci2et Bu igct otdinan.e F1'' : i3 Al -ndl \.non F.um A 1Fs - Bnd2_4 01dri�r'C"Filw I =-] ; '91 ; F1'.';l', D,,, Agenda Action Form Paducah City Commission iv€zeting Date November 26, 2013 Short Title: Authorize Payment to IME for the Repair of the Electric Motor serving Floodwall Pttinp Station #2 ®Ordinance ❑ Emergency ❑ Liunicipal Order ❑ Resolution ❑ 11vtotion Staff `York B�,: Kennv Brannon, EPw Fioodwal1 Superintendent Angela weeks, EPw Pray ytgr Presentation 8y: Rick IMurphy, P.E., City Engineer -Public Works Director Background Information: On June 19, 2013, the 500 hp electric motor serving pump 45, located at Floodwall Pump Station 42, 1416 North 6th Street, become disabled, causing the entire building to become engulfed in smoke originating from the subject motor's electrical windings. Repair of the subject 500 hp electric motor was paramount to prohibit andor reduce possible flooding within the City which would be an immanent safety threat to property and Paducah Citizens Therefore, pursuant to Section 2-659(1) of the City of Paducah Procurement Code, an Emergency was declared by the City Manager for the immediate repair of the 500 hp electric motor pump located at Floodwall Pump Station 42 at 1 116 North 6th Street. Prior to the City Managers execution of the Emergency Declaration, the EPW Department obtained quotes from qualified vendors having the capability to make the appropriate repairs on electric motors of this size (low rpm -500 hp.) Repair of the electric :rotor serving Pump �5 was completed by IM&E. On November 1, 2013, the electric motor was in place and officially back on line ready for service. Now that the work is comple?e, approval to pay UM&E for a total amount of S38,000.00, for the emergency work is requested It should be noted the date of November 1, 2013 is approximately six vveeks into the City's normal pumping season, fortunately river conditions have been favorable in that pumping has not been required. Goal: ❑Strang Economy ®Quality Services ❑Vital Neighberikoods ❑Restored Do«iuomis Funds Available: Account Marne: Facility N faintenance?roj acct 13 Account Number: 0=10-8827-536-2307 PF0070 ina (ce Staff Recommendation: To adopt an Ordinance authorizing the Finance Director to piv Industrial Maintenance & Engineering Corp in the amount of 53 8;000 for the emergency repair of the electric motor serving Pump #5 located at Floodwall Station #2. 1416 Norte 6th Street. Agenda Action Form Page 2 Attachments: Emergency Declaration and copy of the Invoice Clerk Agenda Action Form Paducah City Commission lrleeting Date November 26, 2013 Short Title: Purchase of Four Police Vehicles from Linwood Chrysler Dodge Hyundai, LLC for use by the Police Department ]Ordinance ❑ Emergency ❑ 'Municipal Order ❑ Reso€union ❑ tMotion Staff Work By: Randy Crouch, EPW Nlaintenance Supt. Neal Ford, EPW Fleet Supervisor Angela Weeks, EPNX Proj !vlgr Presentation By: Rick Llurpliv, P.E., Cite Engineer -Public Works Director Background Information: On Wednesday, November 13, 2013, written sealed bids wera received For the purchase of four (4) new Police Vehicles to be used by the Paducah Police Department. The original bid request consisted of three (3) vehicles; howev an additional vehicle was added by addendum after one police vehicle was totaleAcently. Three responsive and responsible bids were received, with Linwood Chrysler Dodge Hyundai, LLC submitti.og the lowest evaluated bid. Linwood submitted a unit bid price of $28,18D.') each for four (4) 2014 Dodge Charger Police Vehicles, with a total bid amount of $1 i 2,721.60 Additionally; Linwood agreed to allow the City to purchase up to two additional Police Vehicles in accordance with the Specifications at the unit bid price in the event the City may need to purchase additional vehicles prior to June 30, 2014 due to loss of a vehicle. Goal: []strong Economy ®Quality Services ❑Vital Neighbo6oeds I❑R stored Downtowns Funds Avaidable. Account Name: Robina Stock/`VehicIc-s 1 I22I Zbt3 Fleet Lease Trust FuiiJ mance Account Number: 07 l -02 10-542-4005 Staff Recommendation: To receive and file the bids and adopt an Ordinance accepting the lo,,vest evaluated bid of Linwood Chrysler Dodge Hyundai, LLC for four (4) new M 4 Dodge Charger Police Vehicles at a unit bid price of $28,180.40 totaling S 112,721 60, and to authorize the possible additional purchase of up to two additional Dodge Charger Police Vehicles at the unit bid price of $28,180.40 in the event the City may need to purchase additional vehicles prior to June 30, 2014 ldue to loss of a vehicle - r r �F -T �A 2� 1,,e -- Attachments: Bids Received, Bid Tab and propgqssed Contc r��lt �� ! k„ 11 I r_ o w� twp V Agenda Action Form Paducah City Commission t [eetin� Date: No%ember ?6, 2013 Short Title: Allow Alcohol Sales During the Hours the Polls .are Open ,F-G]Ordinance ❑ Emergency ❑ 'Municipal Order ❑ Resol_:cion ❑ ti[otion Staff Work By: Tamrnara Sanderson, City Clerk Presentation By: Jeff Pederson, City -Manager Background Information: During the 2013 legislative session, the state now allows local governments to choose if they want to allow alcohol sales during the hours the polls are open for a primary, regular. school or special election. At the November 12, 2013, meeting the City ComrliSSiOn requested the City's alcohol ordinance be amended to allow alcohol sales. This amendment to the City's ordinance will no lot}aer prohibit the sale of alcohol sales. Goal: []Strong E roomy ❑ Quality Sei'�iCCSD V)ml �Li l,h�:hoods❑ Restored Do«nto ins Funds Available: Account Name: :-account Number: Finance Staff Recommendation: Adopt the ordinance as amended. Attachments: i Department Head City Clerk 1tY,tiIana2cr Agenda Action Form Paducah City Commission Mectim Date: December 17, 1013 Short Title: Strategic Health Risk Advisor and Strategic Benefit Placement Services Renewal with Pee! and Holland. ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff �Vorh By: Cindy Medford Presentation By: Cindy Medforc[ Background Information: The City has utilized the Health Risk Advisor services of Gre, Carlton through Peel & Holland since July 1999 pertaining to issues regarding the administration, renewal, claim resolution, cost containment and bidding process of the City's health insurance plan. During this time the City has received exceptional service from Greg Carlton. The City "vill pay Peel and Hol[and S71,900 Cor the 2014 year "s service. This tee is payable in four equal installments of 517,975 to be billed quarterly. The Fee includes the same 565,000 advisor fee as last year, but has a couple of additional features. The city will have the ltSe of data analytics via Acclaim health Analytics and Na,,,NID Design 180 with customized reporting and care management integration with disease management firm chosen by the city for `6,300. Data analytics of this stature are critical to the success of the Edumedics layer of Health Coaching we are adding for 2014 as discussed in Greg Carlton's presentation to the commission on October 22, 2013, There is also a newly added compliance dashboard for 5600 that is helpful to stay its compliance with the changing laws related to health and health information. There �vtll be an additional Fee of S200 per hour subject to a mininutm retainer of `5.000 For sery-ices requested by the City or the City's legal counsel For issues that arise in connection with employer and employee barvai-ning, legal matters, disputes, or other similar issues, The services provided by Greg Carlton will co►ttinue effective January 1, 2014. Goal: ❑Strong Economy ® Quality Seri ice,❑ Vital N'eIghborhooda❑ R;.storLd Dost iwm n, Funds Av ailabte: .account Name: Insurance Caine, [�13 account NUMM': 07302084-12307 Fina��ce Staff Recommendation: Authorize the Mayor to execute a contract between the City of Paducah and Peel & Holland pertaining to the administration of the City's health insurance. Attachments: Strategic Health Risk Advisor and Strategic Benefit Placement Services A,reement ORDINANCE NO. AN ORO[N ANiCE .ai_'-FHORIZING THE ti[A OR FO EXECUTE -+ S FRATEG[C HEALTH RISK ADVISOR cl, SFRA FEGIC BENEFIT PLAMIEN" F SERVICES CONTRACT WITH PEEL Z HOLLAND FiNANiCIAL GROUP FOR -1D,,M[N.iS rR.\ HON OF THE CITY OF PADi"C,-1H'S HEALTH INSURANCE BF ITORDAINED B1' THE CITY OF PADC.CAH. KEN FUCKY" SEC CION 1. That the Mawr i, hereh% .urthorir.:d to e.ti.cute a Stratc=ic Healrh Rl, Ac1% icoralld Srrx,-LJc Bert fit Plac.ment Sen ices nnivict %%ith Peel & Holland Financial Group. in the amomi[ ofS'L91]O 00. pa ahlein Cmir equal uutallments of.S 1 ?.9,; -ach, for adminisiration Ser, ice, pertaining to the administration of thz CiI\ of Paducah's health insurance. _-fin additionai fee of 5200 per 1101417. suhje,:t 10 a mininnint retainer of S?.t 00j )0, �% ill t e barged for S, r+requested b} I.he Cil N or the C ih', legal cm1wcl toi i„ues that arise ill otinrcuon,%ith emplo%er Lind ernploj:e b.u�:ainit12. legal matters. di>putes or ether similar is;nes. This .omracr is fertlie 2014 calendar }ear. SECTION 2. This-ypendirure shall he charged to the Insurance chum, a�•count-tl,;fl2(}gj�223i1�. SECIION3. Thi_, ordinance shall be re.id on ma s parare da},, and t ill become ; ffecu:e upon SunuIian puhlt,:xion pursuant to KRS Ch tpiz r 424 N LIN o,. A I'TEST: Farnmara S S,MLICY;Un. Cin Clerk [n(rotiu,:ed b% the Bo,u-dofComm December 10. 2U1 dopt�!�i h\ the Board of Cnnimi>;iuri,r,. f);,:ecnher I -. 201 Reci)rdzd b� Tanimara S. Sander,on, Cin Cl,rk. Decemhcr I 'Ql ; Published 1}�, The Padnc.di-- o11' Fors cowry t-Gre_ Carlton 21? 14 STRATEGIC HEALTH RISK ADVISOR & STRATEGIC BENEFIT PLACEMENT SERVICES THIS CONTRACT, made and entered into on this day of 2013 , by and between Peel & Holland Financial Group, 1120 Main, P.O. Box 427, Benton, Kentucky 42025, hereinafter referred to as "ADVISOR," and City of Paducah, Kentucky hereinafter referred to as the "CLIENT," i WITNESSETH: WHEREAS, CLIENT desires to engaged ADVISOR to access its "Strategic i i Health Risk Advisor System and Strategic Insurance Placement Services System", hereinafter referred to as "SYSTEM" and ADVISOR desires to accept. such engagement, and NOW, THEREFORE, in consideration of their mutual promises the parties hereto agree as follows A ADVISOR perform the following services on behalf of the CLIENT: 1 Review all insurance contracts and employer forms relating to health, vision, dental, and drug benefits, HRA, H S.A. and make recommendations to the CLIENT on such contracts. 2. Coordinate on-site enrollers or web -based enrollments and assistance with annual open enrollment for eligible employees during the period(s) contracted. 3. Provide assistance with questions on becalf of CLIENT including but not limited to health insurance claims, e!igi'oility, plan selection for employees. 4. Provide consultation on issues relating to cost share, stop -loss and plan administration, and oversight in bid processes annually. 5 Review and provide commentary on plar data such as claims administrative and reinsurance costs and comparisons of data for varying years on a quarterly basis agreed to committees and/or the City Commission or City Manager as agreed to by CLIENT. Cary or Paducah, (3frafe;-c hss:!h R; -k 43 /f33ia, raga 1 or, a 6. Prepare annual request for proposals (RFP) far years CLIENT requests i formal bid processes. Provide oversight and coaching services in r review of bids, assembly of data receiveal by bidders and make specific i recommendations to CLIENT for placement or procurement of health/drug: dental and vision insurance contracts, 1 7. Review preferred provider agreements and assist client in comparing z and selecting preferred provider organizations (PPO). 8. 3 Assist CLIENT with meetings and coach on benefit plan issues with employee groups as requested by CLIENT. i 9. i When qualified provide advice for all other areas of health, dental and F drug plan operations as requested by CLIENT. 10. Provide COBRA administrative services via a separate administrative J{ 1 party as per a separate agreement betv,,een, U.S. Admin LLC. and CLIENT. F 11. Provide expert witness services in connection for employer and ' employee barga',ning, legal matters, disputes, or similar issues, as requested by the employer or the employef's legal counsel. 12. Provide data analytics via Acclaim Health Analytics and NavMD Design180 with customized reporting and care rnanagernent integration 1 with disease management firms chosen independently by CLIENT. 4 13. Access to Compliance Dashboard. tool to help assure compliance with health plan laws, B. For the services rendered as described in Paragraph A, Subparagaphs 1 through 10, CLIENT shall pay ADVISOR a fee of $71,930 per annum (fee includes $65,000 for Items 1-10. $6,300 for item 12. and $600 for It-�m #13), Services shall be billed and payable at a rate of $17,975 per quarter and dua each of the following dates January 1, 2014. April 1, 2014 July 1 2014, and October 1, 2014: payable within 30 �rfy �i Padu.ar�, S,'rate,r: le irn :s .ail �R; Pa;e 2 OF -4 =1 days of each billing statement. Services shall continue for one calendar year from the inception date of this agreement. For services rendered as described in Paragraph A, Subparagraph 11 above; CLIENT shall pay ADVISOR a separate fee of $200.00 per hour subject to a minimum retainer of $5,000,00 per yearshould services be requested i in item 11 above. Invoice for services rendered or retained under Paragraph A, Subparagraph 11, shall be billed monthly as accrued and payable no later than the 10 h I 4 of the following month after the billed date. Assuming no services Paragraph A, Subparagraph 11 are requested, then no fee shall be paint under this separate section of the services. Also, due to the nature of benefits such as dental, vision, life, voluntary plans, etc. certain carriers may not waive standard commissions and if such relationship exists then these commissions shall be disclosed and commissions may be earned in addition to other fees specified within this agreement. The charging of these fees and expenses by ADVISOR for the services enumerated shall not preclude his charging and receiving a commission or fee as an agent or consultant in a separate transaction between CLIENT and ADVISOR should there be any such separate transaction. i i C. CLIENT acknowledges that with respec' to providing advice and assistance placing insurance -related products, ,ADVISOR is acting as an insurance agent (as defined in KRS Chapter 3049-020) and subject `.o provisions of KRS Chapter 304.11-020 TO 304.11-050. Further CLIENT meets the def;r litien of '`client" as denoted in KRS Chapter 304.11-020 TO 304.11-050 for health insu72rce. i D. CLIENT agrees that ADVISOR's sole responsibility is to provide its best advice in an objective manner in accordance with the terms of the contract. CLIENT understands and acknowledges that in many instances ADVISOR's advice will simply consist of his opinion. Although CLIENT may delegate to ADVISOR certain decisions as part of the service rendered by ADVISOR pursuant to this contract, only CLIENT and not ADVISOR, shall be responsible for such decisions. ADVISOR's obligation to CLIENT shall be limited to providing CLIENT with his bast opinion based upon his professional experience at the time such opinion is presertad. CLIENT acknowledges dy ctPa�ucar. 15tr�.'sji;-f�a.t^ Rrsr AD37)R) 3 ofa that ADVISOR makes no representations nor warranties concerning the quality, effectiveness or results of his coaching services, and CLIENT assumes full risk for, and shall hold ADVISOR harmless from, all results of following or rejecting ADVISOR's advice or recommendations. E, CLIENT shall release ADVISOR from providing any services required herein and ADVISOR shall provide a refund to CLIENT, prorated with the length of service rendered, if ADVISOR is prevented from providing the services by sickness, death, or events beyond his control, or if any outstanding bill' which is due and payable by CLIENT to ADVISOR for past services is not paid in accordance with this contract. F. Termination: CLIENT agrees that the initial term of this agreement and associated fees shall continue through December 31, 2014 and may continue into the future, as mutually agreed and by extending the agreemert in writing. Afterward, either party may termination this agreement, at any time, for a-ty reason, provided a ninety (90) day notice is provided in writing. Fees shall continue to become due and payable throughout the length and term of the entire agreemen`, even if terminated, unless stipulated otherwise in section E. above. G. This agreement has been entered into by City of Paducah. Paducah, Kentucky and Peel & Holland Financial Group. IN TESTIMONY WHERE=OF, Peel & Holland Financial Group and City of Paducah each has caused their name to be hereunto affxed on this date first written above. Date: Gregory �Pf, Carlton, CLU, ChFC Senior VP -- Health & Wellness Peel & Holland Financial Group Date. City of Paducah Kentucky "� of Pa��:�an, {�traregrc h� ,th Rrs'< A'V;--JR; P9;-� 4 of Agenda Action Form Paducah City Commission Nloetiii- Date: December 17. 2013 Short Title; Edumedics, LLC Agreement for Services. ❑Ordinaice ❑ Emergency [❑ Municipal Order ❑ Resolution ❑Motion Staff work By: Cindy Medford, Jon Perk -Iris, AUCILU Herndon, Glen Denton. Greg Carlton Presentation By: Cindy Medford Background Information: On October 22, 2013 the commission heard a presentation from Greg Carlton, the city's Risk Advisor for Health Insurance. During that presentation, it was recommended and discussed that the city enter into a contract for services intended to improve the health and claims data associated with those adults on the city's self-insured health insurance that manage chronic conditions including; o Diabetes o Hypertension o Hyperlipidemia Attached is a two year agreement that provides health coaching and cars manauement for individuals on the city's health insurance initially targeting the above conditions. The agreement contains a one-time fee of S7,100, a program management fee, and a 10% share of cost savings calculated by comparison to a baseline of claims data that is to be re -calculated every 6 months. Some direct costs are expected as well including an hourly rate of up to S85 per hour for the health care practitioner as well as clinical. laboratory services, and some durable medical equipment including blood pressure cuffs and glucose monitoring kits. As a reminder, the health insurance renewal rates accepted from Anthem included discounts for implementing this type of strategy for 20,14 that will help to offset the expense to the Health Insurance Fund. The services provided be will be effective January 1. 2014. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: ACCOttnl name: Insurance Claims Account Number: 07302085422307 Finance Staff Recommendation: Authorize the Mayor to execute a contract between the City of Paducah and Edumedics, LLC. Attachments: A.ureement for Services Deparnnent E[ead City Clerk City .N[anager 0RDINA`CE NO. 2013 -i_ - AM ORDIM.ANCE .ACCEPTI\G THE RATES FOR CONSULTING ND MANAGEMENT SERVICES FOR CHROMIC HEALTH CONDITIONS FOR FULL-TIME CITY" EMPLOYEES COVERED BY THE CITY'S GROUP HEALTH INSURANCE PLAN WITH EDUMED[CS, LLC .AMD .AUTHORIZING THF MAYOR TO EXECUTE .A CONTR-QCT FOR SAME BE IT ORD-ALNED BY THE CITY OF P.ADUCAR. KENTUCKY: SECTION 1. That [he Cit}' of Paducah apprw es mi :Agreement for Seri ices �\ ith Edumedics. LLC. for consultinL and management ser'- ices for chronic health conditions for fuil-tirlae city employees covered by the Citv's Group Health Insurance Plan with Edumedics. L.LC. There wii l Lie a arse -time lee �l S?.100. t� ith a program naunageulent fee, and a 101'c share of cost savings ca[euktted by comparison to a ha;eline of 6,lim5 data that is to he re -calculated every 6 months. A cop? of said .Agreement is attached hereto and incorporated therein as if Set out in lull herein. SECTION 2. The \,[avor is hereb>, authorized to --x,cnte a contract v5 ith Edumedics. [-LC for covera�ie authorized in Section I abm e. The initial term of the Agreemen[ shall he For 2 vear� and Shad begin on January I - 2014 and end on Deceill her llcC:OHIIt. SECTION 3. Thi; erpenidimre will be charged to the ht�urance Claims SECTION d. This ordinance shall he read on mo Separate c1a%, ,and a ill became effecti%e upon summary puhIicatioII pursuant to KRS Chapter 424. Mak or .ATTEST: Tamnlara S. Sanderson. Cit% Clerk Introduced by the Board of Commissioners, December 10. 2013 .Amended b4 the Board of Commissioners. December 17. 2013 :Adopted by the Board of Commissioners. December I '. 3013 Recorded h) Tammara S. Sanderson. Cit} Clerk. December 1 2013 Publi>hed b� the Paducah Sun. `ord'per;''haalth ins -chronic are �o%craee'_O r AGREE'VI;NT FOR SERVICES This ,agreement for Services (the "Agreement"), effective is by and between CITY OF PADUCAH, «ith its principal office at 300 South Fifth Street, PaduCafi. Kentucky 42002 (hereinafter "Client"), and EDUVIEDICS, LLC, with its principal office at 201 E. Jefferson Street. Suite 301 Louisville. Kentucky 40202 (hereinafter the "Company"). WHEREAS, Company offers consulting and management set ices to businesses to assist in the development of innovative care management programs to encourage Good health among employees and employees' dependents (the "Services"): WHEREAS, Client desires that Company provide Services to Client. in accordance with the teens and conditions set forth herein: NOW, THEREFORE, in consideration of the mutual covenants set forth herein and intendinv to be legally bound, the parties hereto agree as follows: CF.R VT(`F.0 1.1 SERVICES TO CLIENT. The Company shall provide the following Services to Client: Consulting services to analyze and Understand health care cost trends for Client: consulting services to assist in the design and implementation of care management programs to address major health care cost drivers at Client: consuhing in connection with the oversight and management of such care management programs: and the provision of reports on program results. The parties agree to provide care management programs for hypertension, diabetes and hyperlipidenria, and general health coaching services. Such programs shall be in in place within sixty (60) clays of target launch date, as agreed upon by mutual acceptance of both parties. Initially, target launch dates are as outlined: • Diabetes: 1/1114 • Hypertension: 1/l/14 • Hyperlipidemia: I/t/14 • General Health Coaching: I/I/14 Target effective dates may be modified and are subjeCt to Client approval and Client cooperation. Client cooperation shall mean the communication necessary to introduce the program to all members on the health plan, ongoing promotion of the program, and designating sites at Client for program delivery. The care management program is attached to this .agreement as Exhibit "A" and outlines the mutual understanding of the program goals and elements of the Seraices. Changes to Exhibit A will be at mutual consent of both parties. Identification of eligible participant: Identification of eligible participants is derived from the health care claims provided to the Navigator Design 180 data analytics software tool using the above defined criteria. This cohort ("The Targeted Cohort') shall be refreshed 60 days prior to the program launch date. The Targeted Cohort shall be refreshed each month to account For new members into the health plan that are eligible to participate in the program. Should a member contact Couripany directly and request to be considered as part of the program and the claims data does not identify the member as eligible, the member may obtain a physician's note indicating qualification and present to Company for inclusion in the care management prograi:rs. Other inclusions or exclusions to the Targeted Cohort will be at the approval of Client And Company. Data tees associated with the identification of eligible participants are not included in this Agreement. Company is deemed a third party user. as granted by ,acclaim Health Analytics, Client's Advisor ("Advisor"). 1? BENCHMARKING. Both parties agree that the clainrs utilization experience for the twelve months ending December 31. 2013, after removing extraordinary claims costs that reach the high cost claim threshold as defined in their plan documents, shall be treated as the baseline year for benchmarking purposes. Such claims utilization shall reflect all eligible participants in above care programs. Such benchmark data shall be used to report upon the progress of the care managem-_at programs. Such baseline will be established on or around April 15, 2014. Baseline numbers will adjust every six months based upon cutTent participation and use a rolling 12 -month claims cost basis. For new employees where claim history is unobtainable or for enrollees who have not been with Company for at least 18 months prior to enrollment, if at least six -twelve (6- 12) months of complete and accurate claim history is Available, that will be prorated; if at least b months claim data are Unavailable, the mean of the respective chronic disease Group by gender will be used. 1.3 REPORTING. The Company shall report on the Collo\ ing: 1.3.1 Health care claims: Claims review to monitor the impact of the care programs to the cost outlays of the program and the Client's health plan cost, beginning with health care services rendered thirty (30) days Frorn program launch date. 1.3.2 Clinical indicators of the care management programs, baseline and updated clinical indicators. 1..3.3 Participation in the programs. These reports shall be presented at least quarterly, beginning the first quarter after the effective date of this Agreement. Also, during the term, the. Compan% and Client shall meet at least quarterly to assess the status and progress of the care management pt-ograrns. 2. "TERM OF, AGREEMENT 2.1 TERM. The initial term of this Agreement shall be for two years and shall begin ort January 1. 2014 and end on December 31, 2015. Tins agreement shall be renewable Upon written agreement between the parties. However, payment terms and the obligation to develop new care programs or provide additional Services are ,ubject to the mutual agreement of both parties. 2.2 TERMINATION. In the event of a breach of this Agreement by either party. the non - breaching party may terminate this Agreement upon at least Sixty (60) days prior written notice to the breaching party, which notice shall specify in detail the nature of the alleged breach; provided, however, that if the alleged breach is susceptible to cure, the breaching party shall have sixty (60) days front the date of receipt of notice of termination to cure such breach, and if such breach is cured, then the notice of termination steal I be void of and of no effect, If the breach is not cured within the sixty (60) clay period, then the date of termination shall be effective the day after the end of the sixty (60) day period. 2.3 COMPANION AGREEMENT. The Parties hereto have contemporaneously entered into that certain Business Associate Agreement, \rhich they intend to perforin simultaneously herewith. 3. PAYMENT AND INVOICING `TERMS 3.1 PAYN4ENT FOR SERVICES. Client shall pay the Company as follows: • Implementation Fee: A one-time fee of 57,100. payable upon Agreement execution. • Prograrn management Fee: A per employee per month fee of 55.50. Program management fees irnclucle ongoing outreach engagement and operation of the disease management programs. The following program fees will be charged beginning on ,Ianuary 1, 20L4 of this Agreement. Per employee refers to employees�enralled and currently on the health plan. Employee numbers shall be calculated monthly Froin Navigator NID. • Health care costs shall be reviewed For impact of the care programs. The excess of Baseline Costs developed in Section 1.2 over and above the claims utilization experience, after removing extraordinary claims costs that reach the high cost claim threshold For Plan per participant, incurred in the review period by the targeted population shall be cleemed "Saved Costs", and Company shall be paid an ainount equal to 10% of Saved Costs from the targeted population. The review period each year shall be for the I2 months after the launch date of the program, and for each subSegUent t%VelVe ( 12) month period of the ,agreement. Each review period calculation shall be completed Within one hundred twenty (120) days after the end of each review period, To the extent otherwise required, such payment of Saeed Costs shall be payable to Company within 30 clays following the end of the twelve month review period. This provision shall Survive the natural termination of this agreement, as defined in Section 2.1, until such time that post claims review is no longer applicable. For purposes of this Agreement, the last period of claims review shall be for January 1, 2015 — December 31, 2015. 3.2 DIRECT COSTS. Client shall reimburse Company for the costs for sen ice; performed b� 3 licensed health care professionals and/or providers. Conipany shall use commercially reasonable efforts to provide directly, or throutrh appropriate Aritten agreements with licensed health care professionals and/or providers, health care services for Client's employees and dependents that participate in the above -referenced care management programs. Such direct costs %kill include an hourly rate for the time at the designated Client sites, and any reasonable travel time and cost. Travel will be reimbursed at the then established CRS rate. Travel does not include in the McCracken county geographic area. The hourly rate is estimate to be S75-85 per hour and shall be determined prior to the Program Launch date. Additional direct costs, such as clinical laboratory services, durable medical equipment (blood pressure cuffs, glucose monitoring kits) shall be billed on a cost plus administration allocation. Any changes to payment for Services shall be upon mutual written agreement. 3.3 CONFIDENTIALITY. (a) Company shall maintain the confidentiality of health and other personally identifiable information of Client's employees and employee dependents as provided for in the attached Business Associate Agreement. (b) Client agrees that the pricing terms outlined in this Section 3 shall remain confidential and shall not be disclosed to a third party without the Company's written consent. (c) Client agrees that the documentation created by Company and provided to Client in connection with the care management programs provided for hereunder are proprietary to Company and distribution and use of such materials other than by Company internally for the sole purposes of implementing and administering its care programs is prohibited. 34 INVOICING. (a) Invoices shall be submitted monthly by the Company for payment by Client. Payment is due within fifteen ( l 5) days from date of invoice. If Clicnt has any valid reason for disputing ally portion of an invoice, Client will so notify the Company within seven (7) calendar days of receipt of such invoice by Client, and if no such notification is given, the invoice will be deerned valid, and Client shall pay in full. The portion of the Company's invoice that is not in dispute shall be paid in accordance with the procedures set forth herein. (b) A finance charge of I.517c per month on the unpaid amount of an invoice. or the maximum amount atlowed by law, shall be charged on past due accounts. Payments by Client %k ill thereafter be applied first to accreted interest and then to the principal unpaid balance. Any attorney fees. court costs, or other costs incurred in the collection of delinquent accounts shall be paid by Client. [f Client fails to timely pay any invoice. then the Company may suspend all Service, under this Agreement until paid in full or terminate this Agreement uport written notice to Client. 3.5 TAXES. :all amounts psyabte pursuant to this Agreement are exclusive of taxes. According[)-, there may be added to any such amount payable b} Client the monetary sum equal to any and all Current and future applicable taxes. however designated, incurred as a result of or 4 otherwise in connection with this Agreement or the Services, including �c ithout limitation state and local privilege, excise, sales, services, withholding, and use taxes and any take; or other amounts in lieu thereof paid or payable by Client (other than takes based on the Company's net income). If Client does not pay such tares, the Company may make such pa}'ments, and Client shall reimburse the Company for those payments. Client will hold the Company hamlless for any payments made by Client pursuant to this Section 3.5. 4. CHk GE ORDERS Client may, «pith the approval of the Company; request changes in some aspect of the Services that would require additional work not provided for under this Agreement or that result in a change in a program already established under this Agreement. Such changes (a "Change Order") shall be agreed to in writing by both parties - 5. STA —NDARD OF CARE The Company warrants that personnel possessing competency consistent with applicable industry standards shall perform the Services. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverabie, work product, document or otherwise. Furthermorc, no guarantee is made as to the efficacy or value of any services performed or product or program developed. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY TF E COMPANY CONCERNING THE SERVICES AND RELATED PROGRAMS OR WORK PRODUCT. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON -INFRINGEMENT, TITLE OR OTHERWISE, 6. LIABILITY AND INSURANCE 6.l Limitation. The Company's aggregate liability, inclading but not limited to Client's Claims of contributions and indemnification related to third party claims arising out of services rendered or prograins provided by the Company, and for any loses, injury or damages to persons or properties or work performed arising out of or in connection with this Agreement and for any other- claim, shall be limited to the total payment received by tlae Company from Client for the particular set -ice provided giving rise to the claim. Notwithstanding anything to the contrary in this Agreement, the Company shall not be liable for any special, indirect, consequential, lost profits, or punitive damages. The limitation of liability set forth herein i> for any and all matters for which the Company may other�cise have liability arising out of or in connection with this agreement, whether the claim arises in contract, tort, statute. or other« ise. and whether or not the Company was advised of the possibility of Such a claim. 6.2 Remedy. Client's exclusive remedy for any claim arising out of or relating to this .agreement will be for the Company, upon receipt of written notice, either (i) to use commercially reasonable efforts to cure. at its expense, the matter that gave rise to the claim for which the Company is at fault, or (it) retu171 to Client the fees paid by Client to the Company for the 5 parTicular service provided that gives rise to the claim, subject to the limitation contained ill Section 6.1. Client agrees that it will not allege that this remedy (ails of its essential purpose. 6.3 Insurance. At all times hereunder Client and Company will maintain a minimum of the following insuring agreements: • CGL. occurrence based general liability insurance with a minintum of S2,000,000: • Standard Auto/Vehicle coverage's with a minimum of S 1,000,000 each accident: • Statutory IyVorkers' Compensation insurance; and • Employment Practices Liability coverage's wlLh a minimum of St,000,000 ill lit71its. or similar coverage. 7. MISCELLANEOUS 7.1 Severability, if any provision of this Agreement or its application is invalid, illegal, or unenforceable in any respect, such provision or its application s.laall be enforced to the fullest extent permissible under the la v, and this agreement shall be deemed to be amended accordingly. The validity, legality, and enforceability of all other applications of the provision in question and of all other provisions and applications shall not in any way be affected or impaired. 7.2 V(odification and Waiver. Waiver of breach of this Agreement by either party ,hall not be considered a waiver of any other subsequent breach. 7.3 Independent Contractor. The parties acknowledge and agree that Company is an independent contractor of Client. 7.4 Notices. All notices or other communications hereut2der shall be in writing. and shall be deemed olven when delivered to the address specified belo%\ Or such other address as may be specified in a written notice in accordance with this Section. If to the Company: Edumedics LLC ?01 East Jefferson Street, Suite 301 Louisville, KY 40202 Attn: VP Operations If to Client: With Copv to: City of Paducah 300 South Fifth Street 6 Paducah. KY 42002 Any party may, by notice given in accordance with this Section to the other pa.trties. designate another address or person or entity for receipt of notices hereunclor. 7.3 Assignment. Neither party may assign or transfer any right or obligation under this Agreement without the written consent of the other party. 7.6 Disputes: Arbitration. The Company and Client recognize that disputes arising under this Agreement are best resolved at the working level by the parties directly involved. Both parties are encouraged to be imaginative in designing mechanisms and procedures to resolve disputes at this level. Such efforts shall include the referral of any remaining issues in dispute to higher authority within each participating party's organization for resolution. Failing resolution of conflicts at the organizational level, the Company and Client agree that any remaining conflict, arising out of or relating to this Contract shall be submitted to ilornbinding mediation unless the Company and Client mutually agree otherwise. If the dispute is not reso[%ed through non-binding mediation, then the parties shall initiate arbitration as hereinafter rii-ovided for. Any controversy, dispute or claim arising out of or related to this Agreement or breach of this Agreement shall be settled solely by confidential binding arbitration by a single arbitrator in accordance %pith the commercial arbitration rules of JANIS in effect at the time the whitration commences. The award of the arbitrator shall be final and binding. No party shall be entitled to, and the arbitrator is not authorized to, award legal fees, expert witness fees, or related cost, of a party. 7.7 Claims Limitations. Client shall give the Company written notice within one hundred eighty ( 180) days of obtaining knowledge of the occurrence of any claim or cause of action that Client believes that it has, or may seek to assert or allege, against the Company, whether such claim is based in law or equity, arising under or related to this Alp -cement or to the transactions contemplated hereby, or any act or omission to act by the Comp�Mv \,t-ith respect hereto. If Client fails to give such notice to the Company with regard to any such claim or cause of action and shal l not have brought legal action for such claim or cause of action N,xilhln said time period, Client shall be deemed to have waived, and shall be forever barred from bringing or asserting such claim or cause of action in any suit, action or proceeding in any court or before any governmental agenc4 or authority or any arbitrator. 7.8 Section Headings. Title and heading; of sections of this ,agreement are for convenience of reference only and shall not affect the construction of any pro% cion of this Agreentent, 7.9 RegreSentations: Counterparts. Each person executirts this Agreement on behalf of a party hereto represents and warrants that such person is duly and validly authorized to do so on behalf of such party, with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations hereunder. This Agreement may be oxecuted (by original or facsimile signature) in Counterparts, each of which shall be deeived an original, but all of which taken together shall constitute but one and the same instrument. 7 7. 10 Residuals. Nothing in this agreement or elsc�here shall prohibit or limit the Company's ownership and use of ideas, concepts, know-how, methods, models. data, techniques. skill kno%vledge and experience that were used, developed or gained in connection with this Agreement. The Company and Client shall each have the tight to use all data collected or generated under this Agreement, subject to each party's continuixig obligations under the Business Associate agreement. 7. t 1 Nonsolicitation of Employees. During and for one (1) year after the term of this ,agreement, Client will not solicit the employment of, or employ the Company's personnel, without the Company's prior written consent. 7.12 Cooperation. Client shall cooperate with the Company in making decisions, attending mcetimzs. being available for consultation, taking actions. executing documents, among other types of cooperation, as appropriate, to achieve the objectives of this Agreement. Client agrees that the Company's performance is dependent on Client's timelyand effective cooperation with the Company. Accordingly, Client acknowledges that any delay by Client may result in the Company being released from an obligation or scheduled deadline or in Client having to pay extra fees for the Company's agreement to meet a specific obi igation or deadline despite the delay. 7.13 Governing Law and Construction. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. without regard to tine principles of conflicts of last. The language of this :agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. 7.1=1 Entire Agreement; Survival. This Agreement. 'including any Exhibits, states the entire :Agreement between the parties and supersedes all previous coritracts. proposals, oral or written, and all other communications between the parties respecting the subject matter hereof, and supersedes any and all prior understandings. representations, warranties, agreements or contracts (whether oral or written) between Client and the Company respecting the subject matter hereof. This ,agreement may only be amended by an agreement in writing executed b}, the parties hereto. Sections 3. 5. 6 and 7 shall survive the expiration or termination of this Agrcement for any reason. 7.15 Force Lkla'eure. The Company and Client shall not he responsible for delays or failures (includimg any delay by the Company to make progress in its obligations in regard to any Services) if such delay arises out of causes beyond its control. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, electrical outages, computer or communications failures, and severe weather, and acts or onussions of subcontractors or third parties. 7.6 Use By Third Parties, This Agreement shall not create anv rights or benefits to parties other than to Client and the Company. 8 EXECUTION OF THIS AGREEMENT IS ON A SEPARATE PAGE. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF PADUCAH By: Title: Date: EDUNIEDICS, LLC By: Title: Date: l0 Exhibit A Care Program _Model Citv Of Paducah Goal: t. Improve quality of life through better self-management and monitoring of chronic condition, including diabetes, hypertension and hypertipidemia 2. Educate participants to standards of care for management of diabetes, hypertension and hyperlipidemia 3. Medication compliance - those with the condition will be on the correct medications, at the correct dosage q. Meet recommended clinical targets associated with diabetes, hypertension and hyperlipidemia d. Provide qualified health coaching to participants wishing to engage the Clinician in facilitating health improvement or reaching health goals. How: Timely screening, clinical visits, health assessments, coaching, medication therapy management (MTM), education, screenings and continuation of care recommendations. Edumedics has developed proprietary programs and protocols to facilitate the delivery of evidence based medicine to achieve the goals outlined above, including proper patient engagement awareness and overall satisfaction. Eligibilitv: Nlembers who have healthcare claims with the diagnosis of diabetes, hypertension and/or hyperlipidemia. Members, who wish to engage clinical coaching for the purposes of facilitating health improvement and participate in company sponsored wellness initiatives. Where: Services provided in appropriate facilities at the client site and within an acceptable proximity to residence of targeted participants. Whom: Nurse practitioners and/or appropriate nurse providers, dieticians and trained educators will deliver the care program ser% ices. Incentives: SO out of pocket for nurse practitioner and clinical visits Wellness rewards as defined by wellness plan for participation in program elements Agenda Action Form Paducah City Commission Aleetiily Date: December 10. 2013 Short Title: REQUEST FOR LOAN FRONT CITY OF PADUCAH BY PAXTON PARK MUNICIPAL GOLF COURSE BOARD ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson Presentation By: Jeff Pederson, Bill Griggs Background Information: The Board of Directors of the Paxton Park Municipal Golf Course has requested a loan from the City for the pttrj)ose of making Facility improvements and equipment purchases. To accommodate this, the City will make the loan from the Fleet Enterprise Frtnd for a period of ten years. Annual payment on the load wilt be 527,500, plus annual accrued interest at a rate that reflects the earning ott City demand deposits, not to exceed 2.5%. Loan proceeds will be utilized as follows: Clubhouse Repair and Equipment Purchase $122,900 Course Upgrades 35,380 Paving 19,600 Contingency 7,525 TOTAL `225,000 Goal: ❑Stron- Economy ® Quality ScrNices❑ Vital Neighborhood~❑ Re�tort°d Do)1 nto%Niis Funds Available: Account Name: tntertund Loan from Fleet Ti- st Finance AcCOUnt Number: Staff Recommendation: .adopt an Ordinance appro% ing a loan to The Paxton Park ir'tunicipal Call Course Board Attachments: Itemization and detail of projects Ordinance Department Head City Clerk ily Manager ORDINANCE NO. 2013 -12 - .AN ORDINANCE AUTHORIZING THE MAYOR TO EN FER INTO A LOAN AGREEYIENT BETWEEN THE CITY" OF PADUCAH AND PARTON PARK MUNICIPAL GOLF COURSE BOARD bb HEREAS. the Parton Park Municipal Golf Course Board is charged s� iih daih oversight. operation and maintenance of the Paxton Park Golf Course: and "HEREAS. the Board of Directors of the Golf Course Board lune requested a loan Crum the Cit} for [he purpose of financing facility improvements and equipment purchases: and VA HEREAS. the City tcould like to enter into a loan a�treement for the Capital Innprotement Project and Equipment Needs presented by the Golf Course Board. BE IT ORDAINED BY TFIE CITY OF PADUCAH. KEN TCCKF: SECTION 1. That the Citv of Paducah be authorized to enter into a loan agreement in the amount of 5225,000 ss ill) Patton Park Municipal GolfCourse Bond for capital innpros ement project and egLlipnlen[ needs for the Paxton Park Municipal Golf Course. The Cq till make the loan front the Fleet Enterprise fund fora period of ten (10) years. Annual pa} mens on the loan a ill he 522.500. plus annual accrued interest at a rare that reflect the earning on Cit demand deposits, not to exceed SECTION. 2. Funding for said loan authorized in S .,tion I above shall be from the Fleet Tru,t account. SECTION 3. Sev erahilite. If any section, paragraph or pm�ision orthis Ordinance shall be held to be invalid or unenforceahle for any reason, the im alidin or unenforeeahilit� of such section, paragraph or pros ision liall not aflcctan% of the ranaining pro%in ions of illi, Ordinance. SECTION T. Compliance \A ith Open Meetings La%+s. The Cin uneh� finds and cletennines that all fornal actions relati,e to the adoption or this Ordinance stere taken in an open meeting of dais Cit Commission. and that all deliberations ()Calls City Commission and of it committees. if any. v` Rich resulted in tomnal action. %s ere in naeetiug+ open to the public, in full compliance %%ith applicable legal requirement. SECTION 5. This Ordinance ,hall he read on neo separate d;rvs and est ill become effecti�e upon summary publication pursuant to KRS Chapter -t'_-4. Mayor ATTEST: Tannmra S. Sanderson. Cin Clerk Introduced b% the Board of Corn rr inners, Decemher ID_'_013 .Adopted bt the Board of Co in miss loner. December 1. '_013 Recorded b, Tammara S. Sanderson. CitClerk. December 1', 2013 Publi,hed bs Tm Paducah Sat urd\agree loanpa<toa pork Proposed Capital Improvement Projects and Equipment Needs Paxton Part{ Golf Course 2014 Golf Course Equipment and Clubhouse Repair Needs: 2 Back Pack Blowers for greens and tees ................................................ ............... S 900 Sod curter for oo t course ..................... .......................... . S 2,500 Used triplex model 3150 Toro greensmo+vers (2) ith groomers...................................................... S 29,000 (Our newest greensinower vvas purchased in 2005 and it was a used 2002 model, This type of equipment is used to mow greens at very- love heights ( l 10th of an inch) with precision and is used even day) Used hydraulic ProCore fairway aritier..............................................................1.....,_................. S 13.500 (Do not currently have one and this is important to maintaining high quality, health) fairways now chat we have good, pure turf and irrigation } New metal roofing for clubhouse................................................................................................. S 17.000 [Matching metal roofing for pavilion and starter booth ................................................. S 6,500 New truck for golf course......................................................................................... S 18,000 (;Most recent purchase was 2005 model which has 120,000 miles) Used Toro 5510-D rainvav mo„ers (2) with I I blade reels......................................................... S 33,300 (Our newest fair%av mower is 30 years old with roller �vlice I activated cuning reels as opposed to much faster, It\draLlIiC propelled cutting reels capable of much finer. cleaner cutting) Estimated Total Cost of Equipment/Building Needs S 122,900 Capital Improvement Projects: Proposed Lake on 45: Lakeexcavation................................................................................................... Cart path rerouting (including dense grade) ...................................................... . Irrigation lines rerouting, including wiring, and drain instailation ...................... Sod around lakes( -400 yard perimeter X 8%ards wide ave it S1.85�sq yd)........ Sprigs. sod for new dirt mounding around =-4 green ............................................ Bunker renovation (enlargement and zoysia surrounds) ..................................... New tees required (Sod for 800 sq yds S 1.85) ................................................ Soilboring samples............................................................................................. Extra labor .510,000 S 77200 (56.000 For paving) .....S3,500 ..S6,000 ...S 4,500 ..S 700 ..S 1,480 ..S 000 S2000 000 .. _ .................................................................................. Estimated Total Cost of Lake Renovation 4.5 S35,380 Proposed Lake on 48: Lake excavation and rear green moundim................................................................ ..S 10,000 Cart path rerouting (including dense grade) ........................................... ...3 3,700(53,000 for paving) Irrigation line,, rerouting, including«iring................................................................ 8 3,000 Sod around lake (400 yard perimeter X 12 yard average vtidtha, S 1.85 sq yd)..... S 8,880 Sod For elevated backstop behind green( I ,000 sq )'ds i S 1.85 sq yd) .............. ....S 1,850 Dirt containment mechanism For level green apron (65 yards)(340 railroad ties).....,, 1,500 Sprigs for new dirt mounding.................................................................................. S 3,000 New tees required (Sod For 1,200 sq yds r S 1.85) ................................................... S 2.220 Extralabor ........................ ......................................... ............. ...... I ........ ............... .... S 2,000 Plume pampas grass vegetation on top of dirt green backdrop ........................ S =445 Rip Rap Rock for back side of ditch bank... ............................................. S 3,000 Estimated Total Cost of Lake Renovation 48 $39,595 Paving Projects: Regravel unpaved portion of parking lot (4" depth).........................................5 7,500 Paving sand: dirt pads in woods near maintenance building & gravel drive..............S 7,000 (55.700 for 50'X50'pavirtg) Paving, dense grade and piping of cart path between �3 tee and =13 green ..............,, 3,300 (52,600 for paving) Paving of cart path connection between =2 fairway and � 13 tee ............................... S 1.800 (S 1.300 for paving) Estimated Total Cost of Paving/Gravel Projects S 19,600 t;nexpected Costs Overrun Cushion.... ..................................`� 7,525 Total Cost of Current Capital (niprovement/Equipment Needs S225,000 Agenda Action Form Paducah City Commission Nleetinw Date: 12/10/13 Short Title: AUTHORIZE THE MAYOR TO ENTER INTO A HOTEL DEVELOPMENT AGREEMENT WITH PADUCAH CONVENTION HOTEL, LLC, DAVID M. PUCKETT, TODD M. CLARK, JOHN M. CLARK, DAVID B. JONES, GLENN R. MALONE, EDDIE CORLEY, AND GARRETT FORBES MATHIEU FOR THE CONSTRUCTION OF A CONVENTION CENTER HOTEL IN DOWNTOWN PADUCAH ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Steve Doolittle Presentation By: Steve Doolittle Background Information: The Development Agreement spells out the respective responsibilities between the City of Paducah and the developers proposing to build a hotel on property owned by the City of Paducah near file convention center in downtown Paducah/. In brief. the developers agree to: 1. Developer constructs an upscale brand hotel franchised by a major hotel chain with not less than 120 hotel rooms, 2. Hire the services of architects, en-itieers. interior designers. contractors and other consults necessary for the development and construction of the Hotel and the Non - Hotel Improvements. 3. To fully Satisfy the ItlVestlllellt Commitments by the Developer expending a mininuim SITE million. 4. Have the Hotel fully operational and open for occupancy by no later than mld- 201 �. 5. Obtain fruldin, for the Investment Commitments from a financial institution and/or other investment group(s). 6. To diligently complete and Submit its application to the Kentucky Tourism Development Commission for sales tax credits issued pursuant to the Kentucky Tourism Development Act. 7. To obtain and maintain all licensing, permitting and certification requirements for the laW'ful construction of the Hotel and the Non -Hate[ Improvements and operation of the Hotel. S. Develop, construct. and operate the Hotel in conformity with all applicable laws and regulations. 9. Provide, at their expense. written reports reasonably satisfactory to the City of the Developer's progress in satisfying the Investment Commitments. 10. Negotiate and execute management and/or operational agreements with PNICCC to A_ei d. Acti i Fon Pace operate the Convention Center. 11. That the development and construction of the Hotel is secured by proper performance and payment bonds in an amount sufficient to ensure satisfactory completion. 12. To secure, at their sole cost and expense, comprehensive commercial general liability insurance covering the development and construction of the Hotel on the Property and the Non -Hotel Improvements. 13. To relocate, at their sole cost and expense, all utility lines and facilities necessary for the development and construction of the Hotel and Non -Hotel Improvements. 14. To promptly pay when due real property taxes, personal property taxes, and any and all other governmental levies, assessments or taxes of every kind and nature whatsoever, which are assessed, levied, imposed upon, or would become (file and payable out of or with respect to the Property, the Hotel, or any personal property, equipment or other facility used in the operation of the Hotel; and any char.. -es for utilities, communications and other services rendered or used in or about the Hotel, the Property, and the Non -Hotel Improvements. 15. Contribute 5200,000 to an Occupancy Stabilization Fund. 16. Negotiate and execute definitive agreements with the City to repay the General Obligation Bonds with interest and cost of issuance. 17. Pay the City S500,000 over 20 years. In return. the City will agree to: L Transfer long-term use and occupancy of the Property (Tract 1) to the Developer by sale or lease for a nominal sum and upon such other terms as are mutually agreeable among the parties. 2. Lease unto the Developer Tract It for purposes of surface parking at a nominal annual cost. 3. To reimburse the Developer for all reasonable and necessary expenses up to an amount not to exceed $900,000.00, in connection with the development and construction of surface parking lot on Tract II, a pedestrian bridge over the floodwall linkinv the Hotel to the Conventions Center, a rear entrance connectin.- the surface parking lot on Tract It through the flood wall to the Hotel, and for kitchen improvements to the Convention Centel- 4. enter-4. Waive permit, inspection, and building inspector fees and zoning, and platting fees. 5. To aid and/or participate in the financing necessary for the development and construction of the Hotel by the Developer as follows: a. ISSnance of taxable general obligation bonds to fund a portion of the costs of improvements related to the Hotel to that principal amount that can be amortized from the sales tax credits awarded to the Developer under the Kentucky Tourism Development Act. The Developer agrees to promptly apply the sales tax credits as they are collected to the payment of the lease payments. b. Issuance of Industrial Revenue Bonds for a term up to twenty-five (25) years at the sole cost of the Developer in accordance with KRS Chapter 103. 6. To provide a Hotel Occupancy Stabilization Fund to the Developer and provide financial assistance to the Developer. The fund provided by City shall be 5300.000 A,-,enda Action Form Pose 3 and can only be accessed when monthly revenue falls below S74 RevPar. The assistance shall be repaid at the end of 36 months 7. The City shall not offer Economic Incentives within the Downtown Market Area to any Hospitality Project for a period of two (2) years commencing with the execution of this Development Agreement. Work remains to be done, in order for the developers to complete design work and obtain permits for construction. This inctudes executing a definitive aereement with the PNICCC, and to Secure the requisite tax credits required to finance the bonds. We expect another four to five months will be required before construction can be initiated. Concurrently with this work the developer is completing, the City will have to undertake the process to sell General Obligation (GO) notes and approve Industrial Revenue Bonds (IRB). While, we have an absolute duty to repay the GO notes, the IRB repayment represents the bank financing. The city has no obligation to repay the IRB. There are other government partners in this transaction. Those include the Paducah Convention and Visitors Bureau (CVB), the Paducah -McCracken Convention Center Corp.(CCC), and the Kentucky Tourism, Arts and Heritage Cabinet. The CVB wilt be financing 5500,000 of the eventual GO note with the use of room taxes generated by the project. The CCC is the owner of the convention center and a significantly detailed agreement for operations must be completed. Goal: ®Stron,- Economy ❑ Quality Services❑ Vital Nei-liborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number Finance Staff Recommendation: Approval of the above. Attachments: City Clerk C rtment Head ORDINANCE NO. 2013 - AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY. APPROVING HOTEL DEVELOPMENT AGREEMENT AMONG THE CITY OF PADUCAH. KENTUCKY, PADUCAH CONVENTION HOTEL, LLC, DAVID M. PUCKETT, TODD M. CLARK, JOHN M. CLARK, DAVID B. JONES. GLENN R. MALONE, EDDIE CORLEY, AND GARRETT FORBES MATHIEU, WITH RESPECT TO A PUBLIC PROJECT; AUTHORIZING THE EXECUTION OF THE HOTEL DEVELOPMENT AGREEMENT AND OTHER DOCUMENTS RELATED THERETO WHEREAS, the City of Paducah, Kentucky (the "City") is the owner of certain real property Situated along and near North 4t11 Street and Executive Boulevard in downtown Paducah adjacent to a puNically owned convention center, generally known as the Julian Carroll and Paducah Expo Convention Center (the "Convention Center -)-,and WHEREAS, the Board of Commissioners of the City of Paducah, Kentucky, have determined that it is necessary, appropriate, and in the best interest of the City to have designed. developed, constructed, operated, and managed on the City owned real property an upscale hotel to serve the Convention Center as well as the downtown business and tollrlS111 markets (the ..Project"),, and WHEREAS, the Board of ComltliSSiollerS of the City of Paducah, Kentucky, have reached an agreement with Paducah Convention Hotel, LLC, a Kentucky limited liability company. David NI. Puckett. Todd M. Clark. John NL Clark, David B. Jones. Glenn R. Nlalone, Eddie Corley, and Garrett Forbes Mathieu (collectively, the "Developer") for the development and cows truction of an upscale hotel and related improvements, and now the City and the Developer desire enter into a binding, formal "Hotel Development Agreement's vvhieh would incorporate the final terms for the development and construction of the hotel and related improvements. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH. KENTUCKY, AS FOLLOWS: Section 1. Recitals and Authorization. The City hereby approves the Hotel Development Agreement among City and the Developer (the "Agreement") in substantially the forth attached hereto as Exhibit A and macle part hereof. It is further determined that it is necessary and desirable and in the best interest of the City to enter into the Agreement for the purposes therein specified, and the execution and delivery of the Agreement is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the Agreement, together with Such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the Agreement with such changes in the Agreement not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City. The approval of such changes by said official, and that such are not Substantially adverse to the City. shall be conclusively evidenced by the execution of such Agreement by such official. Section 2. Severability. If any section. paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section. paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission. and that all deliberations of this City Commission and of its coiumittees, if any, which resulted in format action, were in meetings open to the public, in full compliance with applicable legal requirements. Section d. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. Section J. Effective Date. This Ordinance shall be read on two separate days and will become effective upon Summary publication pursuant to KRS Chapter 424, MAYOR ATTEST: City Clerk Introduced by the Board of Commissioners. , 2013 Adopted by the Boatel of Commissioners. 2013 Recorded by City Clerk, , 20 t 3 Published by The Paducah Sun. 1 2013 EXHIBIT A THE DEVELOPMENT AGREEMENT See attachment. 1676 I Jclran I I'UIJ HOTEL DEVE,LOPNIENT AGREEMENT THIS HOTEL DEVELOP;NIENT AGREEMENT (this "Development Agreement or this Agreement-) is made and entered micas of the day of December, 3013, by and between PADUCAH CONVENTION HOTEL, LLC, a Kentucky limited liability company, DAVID M. PUCKETT, TODD M. CLARK, JOHN M. CLARK, having an address of It 15 South 4"' Street. Louisville, KY 40203: DAVID B. JONES, GLENN R. MALONE, having an address of c/o Senate Hospitality Group, LLC, 9005 Overlook Blvd., Suite 119, Brentwood. TN 37027: EDDIE CORLEY, having an address of 9005 Overlook Blvd., Suite 119, Brentwood, TN 37027: and GARRETT FORBES MATHIEU, having an address 9005 Overlook Blvd.. Suite 119, Brentwood, TN 37027, (collectively, jointly and severally, the "Developer"): and CITY OF PADUCAH, a Kentucky second class city having an address of 300 South 5"' Street, PO Box 2267, Paducah, KY 42002-2267 (hereinafter referred to as the "City"). WHEREAS, the City is the owner of certain real property situated along and near North 4"' Street and Executive Boulevard in downtown Paducah adjacent to a publically owned convention center, generally known as the Julian Carroll and Paducah Expo Convention Center (the "Convention Center"): and WHEREAS. the City, having previously purchased and razed a dilapidated hotel which was at one time located thereon: and WHEREAS. the City. and its local government partners, namely the Paducah - McCracken County Convention Center (the "PMCCC') and the Paducah Ricerfront Development Authority (the " PRDA") have determined, after conducting variouS planning StudieS, geotechnical studies, and market analyses that the presence of a neve hotel adjacent to the Convention Center will stimulate business for the Convention Center as well as the downtown husiness and tourism markets: and WHEREAS, the City desires to have developed and constructed on this city ownecl real property an upscale hotel which will be located adjacent to the Convention Center; and WHEREAS. the Developer desires to develop, construct, operate and manage the hotel and the Convention Center: and WHEREAS. the parties hereto understand that the City's goal is the delivery of an exciting. vibrant. and professionally designed hotel that serves the Convention Center as well as the downtown business and tourism markets and WHEREAS. the parties hereto acknowledge that a great deal of preliminary work has been completed, and the parties do now desire to enter into a legally binding development agreement to facilitate the process and to assure that the parties understand their respective toles in the development and financing of the development and construction of the hotel: and WHEREAS, the parties also desire to induce the City and the Developer to proceed to the next step of negotiating and executing definitive agreements with the City and PMCCC for the planning. construction, use, occupancy, operation. management of the hotel and related improvements and the Convention Center. NOW, THEREFORE. in consideration of the foregoing premises, and for other valuable consideration, the legal adequacy and sufficiency of which is hereby acknowledged by all parties hereto. the City and the Developer do hereby agree as follows: The City Manager has been directed and authotized by the Paducah City Commission to deliver this Development Agreement on behalf of the City as its offer to the Developer. If the Developer chooses to accept this offer it shall execute and deliver this Development Agreement to the City on or before November 29, 2013, and simultarteo(tsiy thereto the Developer shall execute and deliver to Independence Bank (the "Bank") the Commitment Letter of the Bank dated November , 2013, a copy of which is attached hereto as Exhibit D. By its signature on this Development Agreement. the Developer irrevocahly accepts the tetras of this Development Agreement and agrees to be bound by it. In the event, the Developer fails to timely accept this offer as required herein. this offer shall expire. This Development Agreement shall become effective upon its execution by all parties and sltall expire on April 30, 2014 (the "Term") (unless the parties agree in writing to an extension of this (late). uttleSS the Condltlolt5 Subsequetlt set forth in Section 6 ol- ibis Development Agreement are satisfied. in which case this Development Agreement shall continue in force and effect for the same term as any definitive lease or other agreement for the use and occupancy of the hotel and the City's real property (as more particularly defined Ilet'eili) entered into by and between the City and the Developer pursuant to this Development Agreement. 2. The City and the Developer acknowledge and agree that the Developer Shall develop and construct an upscale brand hotel franchised by a major (tote! chain with the specifications described in this Section 2 (the "Hotel"). The Hotel shall be not less Chan 120 hotel rooms for transient occupancy. The construction type shall he of a composite structural steel -concrete and have no fewer than six occupied stories. The Hotel will have amenities attractive to visitors including, at least. a 50 seat restaurant and full service bar. The restaurant will he open for breakfast. hutch, and dinner. It will also ittCILIde a pool, fitness center, and business center and meeting spaces. The major tltentatic pnalities of the hotel design must be app[o%-ed by PRDA. 3 3. The City and the Developer acknowledge and agree that the Hotel shall be clevcloped and constructed upon a certain tract of real property owned by the City located at 600 North 4"' Street. Paducah, McCracken County, Kentucky, consisting of +/- 1.4 acres (the 'Property') and is more particularly shown as Tract 1 on Exhibit A. Tract II as shown on Exhibit A is a portion of t Executive Boulevard and is +/- LO acres and will be Used for surface parking only in connection with the Hotel as described in Section 5 (c). The Developer may have a non-exclusive license to use areas immediately adjacent to the Property and Tract Il, portions of which may be within the City's floodwall right-of-way, for purposes of Surface sidewalks, parkin_, and circulation aisles. These areas may not be used for any permanent Structure(s). 4. The parties acknowledge and agree that the following* are the Developer's commitments for capital improvements and/or expenditures in connection with the development of the Hotel or for Such other matters as set forth below (the " Ime.stment Commitments"): ❑. To engage and hire on or before December 12. 2013. the services of architect,, engineers, interior designers and other consults necessary to develop and deliver to the City a concept plan for the Hotel on the Property and the Non -Hotel Improaemeuts (as defined in Section 5 (c)). This concept plan shall be provided to the City on or before January 24. 2014. b. To engage, hire, and obtain a fully executed written agreement with a contractor for the development and construction of the Hotel and the Non -Hotel Improvements on or before March 28, 2014, C. To fully satisfy the Im estment Commitments by the Developer committing to expend under this Development Agreement and the definitive agreements contemplated herein a 4 minimum of S 17.5 million in the development, construction, and equipping of the Hotel on the Property and the Non -Hotel Improvements on Tract U. 2015 d. To have the Hotel fully operational and open for occupancy by no later than June e. To execute and deliver to Independence Bank (the "Bank")simultaneously with His Development Agreement, the Commitment Letter of the Bank (Exhibit D), and to diligently complete and fully satisfy the conditions for construction/permanent financing with the Bank as set forth in the aforesaid commitment letter.. The aforesaid consttuction/permanent financing is necessary in order to fund the Invewuent Commitments. f. To diligently complete and submit its application to the Kentucky Tourism Development Conunission for sales tax credits issued pursuant to the Kentucky Tourism Development Act on or before December 20, 2013, and receive written acknowledgement from the Kentucky Tourism Development Commission that the Developer has been awarded the aforesaid sales tax credits on or before April 15, 20 14. Further, the Developer shall unconditionally assign the sales tax receipts to the City as security For lease payments to be made by the Developer for the improvements to be financed with the proceeds of the taxable general obligation bonds issued by the City under Section 5(e)(i) of this Agreement. The Developer agrees to promptly apply the sales tax credits as they are collected to the payment of the lease payments. g To obtain and maintain all licensing, permitting and certification requirements for the lawful construction of the Hotel and the Non -Hotel Improvements and operation of the Hotel, including but not limited to, all City development and zoning ordinances and policies, Army Corps of Engineers permitting, and such other federal. state and local agency licensing, 5 demolition, consouc6on, pernutting or certification requirements as are necessary for alcoholic beverage service. foodservice, construction, operation and maiatenartce and the overall public health (collectively, "Governmental Permits") h. Develop, construct, and operate the Hotel on the Property in conformity with all applicable laws and regulations. Provide, at their expense, written reports reasonably satisfactory to the City of the Developer's progress in satisfying the Investment ComnAunents. Such reports ;hall be certified as accurate by the Developer. The City reserves the right to require any reasonable verification procedures or process. j. Provide, immediately upon execution of this Agreement, balance sheets and income statements for the past three (3) consecutive ye= as weil as the management -prepared financial statements for the past three (3) consecutive years (the -Financial S(atements"), which roil] fairly represent the financial conditions of the Developer. The Financial Statements shall be considered confidential and shall not be clisclosed to any thin[ person or entity, unless required by law or order of a court of competent jurisdiction to disclose SLIM L Negotiate and execute definitive management and/or operational agreement,, with PiOCCC to operate the Coavctttfon Center on or before December 20. 2013. To provide evidence to the City that the development and construction of the Hotel is secured by proper performance and payment bonds in an amount sufficient to ensure satisfactory completion of the Hotel and the Non -Hotel Improvements by Developer's contractor(s). M. To securz at their .sole coat and expense, comprehensive commercial general liahility insurance covering the development and construction orthe Hotel on the Property and 6 the Non -Hotel Improvements on Tract II in an amount agreeable to the City Manager, or hitt designee. ]nsurance shall be with a reputable insurance company, which policy shall name the City of Paducah as an additional insured. The Developer shall obtain all workers' compensation insurance required by applicable statutes. The certificates of insurance shall be presented to the City upon taking possession of the premises. n. To relocate, at their sole cost and expense, all utility lines and facilities necessary for the development and construction of the Hotel and Non -Hotel Improvements. o. To promptly pay when due real property tares, personal property taxes, and any and all other governmental levies, assessments or taxes of every kind and nature whatsoever, vvltich are assessed, levied, imposed upon. or would become due and payable out of or with respect to the Property, the Hotel, or any personal property, equipment or other Facility used in the operation of the Hotel; and any charges for utilities, corI}muAicatiom and other services rendered or used in or about the Hotel, the Property, and the Non -Hotel Improvements. P. Negotiate and execute definitive agreements with the City as to the planning construction, use, and occupancy of the Property, Tract ll, and the Hotel on or before March 14, 201-I, including without limitation, the lease agreement by and I)etween City and the Developer for the improvements to be financed with the proceeds of the ta,rable general obligation bonds issued by the City under Section 5(e)(i) of this Agreement. q. Negotiate and execute a repayment agreement villi the City Miereby the Developer promises and agrees to repay to the City S500,000.00 of the City's cash investment in the Hotel and Non - Hotel Improvements. The De\eloper agrees that the S500.000.00 repayment shall be paid unto the City in successi\e monthly installments over a period equal to the term of 11w hidu;trial Re\enue Bonds as set fos-th in Section 5(e)(ii). ��ith the first monthly installments to he made upon the issuance of the certificate 7 of occupat)cy for the Hotel. In the e% -em the Hotel is deemed exempt frons act valorem tares, these repayments shall he made "in lieu of tar payments" pursuant to KRS Chapter 103. a. The parties acknowledge and agree that the following are the City's commitments in connection with the development of the Hotel: a. Transfer long -tern} use and occupancy of the Property to the Developer by sale or lease For a nominal sum and upon such other terms as are mutually agreeable aittona the parties. This transfer is corItingent upon the Developer satisfying the Investment Commitments and the Co[ldition; Subsequent set forth in Section 6 of this Development Agreement. b. Lease unto the Developer Tract II, for a term concurrent with the term of the Lease specified in paragraph 5(a) above, For purposes of surface parking at a nominal annual cost MIC]. upon such other terms as are mutually agreeable among the parties. This lease is contingent upon mite Developer satisfying the Investment Commitments and the Condition~ Subsequent set forth in Section 6 of this Devetopment Agreement. C. To reimburse the Developer for all reasonable and necessary expenses up to an amount trot to exceed S900.000.00. in connection with the development and construction of (1) a +/-70 car surface parking lot on Tract ll for the exclusive use by the Developer in connection ��ith the operation with the Hotel (surface parking lot does not include landscaping, lighting or ornamental features), (ii) a pedestrianbridge with a staircase over the floodwall linking the Hotel to the Conventions Center and an elevator dedicated to serve the pedestrian bridge to and from the Hotel, and (iii) a rear entrance connecting the surface parking lot on Tract 11 througlh the Flood wall to the Hotel. and, if any reimbursement is remaining after items (i) through (iii) aforesaid, then to (iv) kitchen improvements within the Convention Center as shovvn on Exhibit B. (These improvements shall be collectively referred to as the "Non -Hotel Improvements") 8 The City's commitment to reimburse the Developer as provided in this Section for these items of Non -Hotel Improvements shall be contingent upon the Developer satisfying the reporting and verification requirement; set out in Sections 4 (i) alul (j), the Cotlditi011S SubSequertt set forth in Section 6 of thi, Development Agreement, and the Developer's negotiation and execution of a repayment agt'eemCIlL with the City in accordance with the terms set forth in Section 4(q) above. d. To the extent permitted under applicable law and without compromising public health, safety and welfare, take reasonahle actions (subject to the City's rules and regulations and applicable Law) to facilitate the construction of the Hotel. The City may also in its discretion grant waivers that are lawfully permitted to be granted. and may waive permit, inspection. and building inspector fees and zoning, and platting fees. e. To aid and/or participate in the financing necessary for the development and construction of the Hotel by the Developer as follows: (i) ISSUance of taxable general obligation bonds to fund a portion of the costs of iitlprovementS related to the Hotel in a maximum principal amou11t equal to S4.000,000.00. Such amount, together Nvith interest thereon (at the interest rate established for the bond; following advertised, competitive sale) to be retired from lease payments to be made by the Developer for the improvements finance with the general obligation bond,. The lease payments shall be payable by the Developer first from the sales tax credit; awarded to the Developer under the Kentucky TOltl-Ism Development Act, and second from anyother available funds of the Developer, provided, however, the issuance of general obligation bonds i; expressly conditioned upon (1) the award of the tax credits and the Developer', unconditional assignment of the credited sale, tax receipt; to the City as security for lease payments to be made by the Developer for the improvements to be financed with the proceeds of the general obligation bonds and (2) 9 the uautirng of a'Subordinated security interest in the Property, Flotel and Tract 11 in favor of the City pursuant to the terms of the lease agreement, subject only to any priority security interest therein Uranted to the Bank in connection with construction/permanent financing to be provided by the Bank. The Developer agrees to promptly apply the sales tax credits as they are collected, together with other available funds of the Developer, to the payment of the lease payments. (ii) Issuance of industrial Revenue Bonds for a terrl7 tip to twenty-five (25) years at the sole cost of the Developer in accordance with KRS Chapter 103. The bonds shall be limited and special revenue bonds of the City and neither the full faith or credit nor the taxing power- of the City shall be pledged to the payment of Such bonds. f. To establish and administer an account with the Batik to he utilized as a Hotel Occupancy Stabilization Fund to the Developer (the "Fund"). The City shall agree to deposit the Fund Contribution of City (as defined herein) into the Fllnd upotn the ISsLlanCe of the certificate of occupancy for the Hotel. The Developer shall agree to deposit the Fund Contribution of Developer (as defined lierein) into the Fluid upon the iSSLIanCe of the certificate of occupancy for the Hotel. The Fund shall provide financial assistance to the Developer, if needed, in accordatice with the fotlmN imi provisions: (i) Definitions. For purposes of calculating assistance provided through the Fund- capitalized terms not otherwise defined shall have the follow11101 meaning: MonthlyRevPaC' means the monthly revenue per available hotel room. The NlonthlyRe� Par is a performance nnetric in the hotel industry, which is calculated by I11ultip1yin2 the hotel's average daily room rate ("ADR") by its monthly occupancy rate ("UCC"). For example: S70.00 ,SDR x 701% OCC = S49.00 tNlov1,hlyRevPar. IN ADR" means the Hotel's average daily room rate. ADR is determinecl in accordance with generally accepted accounting and business practices. "Fund Period" means the first sixty (60) months of the operation of the Hotel by the Developer, which shall commence upon the issuance of the certificate of occupancy for the Hotel. "Occupied" shall also include those rooms where a guest may have lodged on a '-no charge," "comp,,, "exchange," "gratuity," or similar basis. " Ni lonthly Assistance" means any payment trade to the Developer from the Hotel Occupancy Stabilization Fund, as described liereiit. "Fund Contribution of City" means the $300,000.00 which the City avree, to deposit into the Fund account. "Fund Contribution of Developer" means the S200,000.00 which the Developer agrees to depo,it into the Fund account. (ii) Purpose. To provide financial assistance, iiot to exceed S500.000.00 during the Fund Period, to the Developer in order for the Developer to meet certain debt obligations. ( iii) Monthly Financial Assistance. If. in any caletular month during the Fund Period, the Developer's N1onthlyReyPar falls below S74.00, the Developer. upon written request to the City, may seek financial assistance from the Fund to meet certain debt obligations. The debt obligations ,hall be acceptable to the City in its sole discretion, and shall be directly related to the operation of the Hotel. The assistance shall he an amount to bring the Developers IVlonthlyRevPar, ill any given calendar month during the Ftnld Period, up to S74.00. which amount shall be calculated according to a mutually agreed upon formula to be more particularly described in the definitive agreements to be Negotiated between the City and the Developer. In However, the maximum aggregate amount of financial assistance which may be provided from the Fund to the Developer during the Fund Period shall not exceed S500,000.00. Further, Monthly Financial Assistance shall be first paid out of the Fund Contribution of Developer, and then from the Fund Contribution of City. (iv) Monthly Reporting/Payment. For each maitth during the Fund Period, the Developer shall provide the City a monthly report identifying: (i) the MonthlyRevPar: (ii) the ADR: and (iii) the Monthly Assistance Payments requested from the FLnld. Each montli's report shall be submitted to the City no later than the 20"' day of the following month. Monthly Assi,tance Payments due to the Developer shall be paid within 10 days of submission of the monthly report to the City. (v) Repayment of Monthly Assistance Payments. All Monthly Assistance Payment, from the Fund Contribution of the City shall accrue interest, From the date paid by the City from the Fund until and includi110 the date repaid at a rate of three percent (3c/r). All Monthly Assistance Payments together with interest shall be repaid by the Developer as follows: (a) During the Fund Period, payment shall be made to the City For deposit into the Fund, if: in any mouth Burin, the Fund Period. the Developer's MontlllyRevPar exceeds S74.00. Developer shall pay to the City for deposit into the Fund the excess, above the 574.00 MonthlyRevPar tip to the cumulative IIIIount of all Monthly Assistance Payments previously advanced to the Developer plus accrued interest. Repayment by the Developer shall be applied first to any accrued unpaid interest, then to the Fund Contributioll of the City, and lastly to the Fund Contribution of Developer; and 1? (b) Upon expiration of the Fund Period, all monies remaining in the Fund shall be disbursed to the City up to an amount equal to the Fund Contribution of City together with interest. In the event the remaining monies in the Fund are not Sufficient to Fully reimburse the City for the Fund Contribution or coy together with interest, the Developer shall pay directly to the City the unpaid balance of the Fund ContributiOrt of City together with interest in twelve ( 12) equal consecutive monthly installments beginning Lire mouth after the expiration of the Fund Period. In the event there are monies remaining in the Favid after the satisfaction in Full of the Fund Contribution of City together with interest, these monies ;hall be paid to the Developer. In the event the Developer Fails to pay and satisfy any monthly installment 4vithin thirty (30) days following the due date, such Failure shall constitute an event of default, in which event, the holder thereof shall have the rig11t to declare the entire unpaid Monthly Assistance Payment~ together with accrued interest and costs of collection, including attorney's fees, if any, to be immediately due and payable, and shall have the Further right to We written demand upon the Developer for Full payment of sane. All Monthly Assistance Payments paid From the Fund shall be evidenced by commercially reasonable loan documents and shall be secured by a secured interest or lieu in the Developer's interest in the Hotel and all fixtures. furnishings, equipment. and other- personal property used by the Developer at the Hotel. Commercially reasonable loan dOCUnlalt5 may include without hnlitah0n_ a promissory note, mortgage, leasehold nlortga4ge. and UCC financing statements all of which shall be executed prior- to the payment of the first Monthly Assistance Payment. g City Covenant. As an incentive and an inducement to the Developer to develop, construct, operate and manage the Hotel and to aid in the Developer's financing of the Hotel, the 13 City shall not offer Economic Incentives within the Downtown Market Area to any Hospitality Project for a period of two (2) years commencing with the execiilion of this Development Agreement-, prop ided, however, the Developer is not in default of any obligation under this Agreement, any mortgage encumbering the Property and/or the Hotel, any obligation to any lender providing financing to the Hotel, and any obligation to PNICCC. For the purpose of this Section only, the following definitions shall apply: Hospitality Project — Shall mean any project, building or facility that is intended for the rent or occupancy of a suite, room, or rooms, charged by all persons, companies. corporations, or other like or similar persons, groups, or organizations doing business as motor courts, ntotelS, Hotel;, inns, or like or similar accommodation businesses. This shall not apply to an owner occupied bed and breakfast business con"i,ting of eight (8) or fewer guest rooms, or the rental or le,sin- of an apartment Supplied by an individual or business that regularly bolds itself out as exclusively providing apartments. Apartment means a room or set of rooms. in ata apartment building. fitted especially with a kitchen and usually leased as a dwelling for a minimum period of thirty (30) days or more. ii. Downtown Market Area — Shull mean an area lving between HC Nlathi5 Drive on the north; Broad Street on the south: 28`t' Street on the west and the Ohio River on the east, less and except [lie lr\ in Cobb Hotel located at 600 Broad4vay, all as shown on Exhibit C. iii. Economic Incentive — Shall mean a grant, provisioil, or ti-ansfer from the City of Paducah, or other agency of the City deSigned to induce or Spur 14 economic development within the Downtown Market Area, that may consist of land ttansfets below fait market value, cash assistance, loans. grants, tax relief and otlier similar forms of financial assistance. 6. Conditions Subsequent. The obligations of the City as set forth in this Development Agreement are contingent upon the following (unlesS waived by the Cit)): a. The City's ability to obtain financing for the construction of the Non -Hotel Improv ements on terms reasonably acceptable to the City. b. The Developer's execution and delivery to Independence Bank (the "Bank") Simultaneously with this Development Agreement, the Commitment Letter of the Bank (Exhibit D), and to diligently complete and fully satisfy the conditions for conSuuction/permanent financing with the Bank as Set forth in the aforesaid commitment letter. C. The Developer providing %written assurances, to the sole satisfaction of the City, that the Developer has obtained all funding for the lnvestluent Commitments as set forth in Section a herein: and that the Hotel will procced and has the potential to generate the required new public revenue to finance the repayment of the Inclusnial Revenue Bonds and the tax credits ;ranted by the Kentucky Tourism Development Act. d.. The Developer's completion and submittal of its application to the Kentucky Tourism Devclopment Commission for Sales tax credits issued pursuant to the Kentucky Tourism Development Act on or before December 20, 2013 C. Receipt by the City oil or before April t5, 2014 of written acknowledgement from the Kentucky Tourism Development Commission that the Developer has been awarded the sales tax credits iSSued pursuant to the Kentucky Tourism Development Act. 15 f.. The written engagement and hiring of the services of architects. engineers, interior designers, and other consults necessary for the design, development and planning of the Hotel and Non -Hotel Improvements on or before December 6, 2013. g Receipt by the City of the concept plan as set forth in Section 4(a) on or before January 24. 20t4. h. The written engagement and hiring of the services of a contractor for the development and construction of the Hotel and Non -Hotel Improvements and delhvey to the City of a fully executed written construction agreement on or before March 28. 2014. Definitive agreements are executed on or before March 14, 2014, by and between the Developer and the City as to the planning, construction, use, and occupancy of the Property. Tract 11, and the Hotel. Definitive agreement is executed on or before December 20, 2013, by and between the Developer and the PMCCC as set forth in Section 4 (k). k.. The Developer's continued ability to pay its debts when and as due, and avoid insolvency or any form of voluntary or involuntary bankruptcy. 7. Miscellaneous Provisions. The following miscellaneous provisions shall apply: a. Notices. All notices provided for herein will be in writing and addressed to the panics at the addresses as referenced above. b. Other Rights and Remedies. The duties and obligations imposed by thins Agreement and the rights and remedies available thereunder are in addition to and not a limitation of any duties, obligations, rights, and remedies, otherwise imposed or available by law. c Assignment The Developer shall not assign this Agreement without first obtaining the written consent of the City, which consent shall not he unreasonably withheld. 16 Notwithstanding the fotegoi mi, the non-binding commitments provided in this Agreement shall be conunitmeuts upon the parties hereto, their heirs, successors, and assigns. d. Governing Law. This document shall, in all respects, be governed by the laws of the state of Kentucky. Venue shall be with the McCracken Circuit Court. e. Entire Agreement. This Agreement expresses the complete agreement of the patties and supersedes all prior written or oral agreements or understandings between the City and the Developer with regard to the matters addressed herein. The making, execution, and delivery of this Agreement by the parties hereto have not been induced by any representations, statements, warranties or agreements other than those expressly set forth herein. f. Amendments. This Agreement may not be modified or amended unless by writing signed by both parties hereto. g Time. All times referred herein shall be strictly construed, as all of such times shall he deemed of the essence. Notwithstanding the foregoing, in the event of any reasonable delay or failure of the Developer to timely perform any of its obligations hereunder within the time period referred herein due to unforeseeable causes beyond its control and �a ithout its fault or negligence (force majeure), including, but not restricted to, acts of God, acts of a public enemy, unforeseen underground conditions, fires, floods, epidemics. quarantine restrictions, strikes, freight embargoes, severe shortage of materials, unusually severe weather, acts of any governmental agency, or delays cawed by the failure of contractors or subcontractors to perform. each such time period directly affected by the force majeure shall be extended for the period of the force majeure delay to a date nMtuatly agreeable to the parties. 17 h. Counterparts. This Agreement may be executed Simultaneously or in any number Of counterpart,, each of which shall be deemed to be an original, but all of which together shall constitute one and the sante agreement. Binding Effect. Although the planning, construction, operation, management, use, and occupancy of the Property, the Tract ll, and the Hotel shall be subject to the terms of more definitive agreements, which will encompass issues not addressed in this Development Agreement, the parties agree that the terms of this Development Agreement will be incorporated into such other definitive agreements. The patties flu-ther acknowledge and agree that this Deeelopment Agreement reflects the basic business arrangement between the parties and is intended to be binding on the Developer, its successors and assigns, and conditionally binding on the City. its Successors and assigns, provided the Conditions Subsequent are timely satisfied by the Developer. However, this Deeelopment Agreement shall be binding only as to the matters set forth in this Development Agreement, and shall not hind the partics regarding any other future matters not contained within this Development Agreement. [SIGNATURES CONTAINED ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties have executed this Hotel Development Agreement on the date first written above. DEVELOPER PADUCAH CONVENTION HOTEL, LLC By: Title: DAVID M. PUCKETT JOHN NI. CLARK GLENN R. MALONE GARRET FORBES MATHIEU 19 TODD NL CLARK DAVID B, JONES EDDIE CORLEY IN WITNESS WHEREOF, the patties have executed this Hotel Development Agreement on the date fiat written above. CITY CITY OF PADUCAH. KENTUCKY 20 Exhibit A _0 "I EXHIBIT B Kitchen lm pro vements To The JLit 1aI1 Carroll And Paducah Expo Convention Center Sze attachment. EXHIBIT C Map of Downtown Market Area Paducah's Convention Center Hotel Partners o City of Paducah o Nashville -based Senate Hospitality (Dave Jones, CEO and Glenn Malone, CFO) o Louisville - based developers David Puckett and Todd Clark o Independence Bank of Paducah o Kentucky's Tourism, Arts and Heritage Cabinet o Paducah Riverfront Development Authority o Paducah -McCracken County Convention Center Corporation o Paducah Convention & Visitors Bureau Motel Summary 0 121 -rooms, six stories, concrete and steel construction 0 50 -seat restaurant, pool, fitness center, business center, and meeting spaces o Upscale national brand (to be named in future at brand's discretion) o Located at 600 North 4'6 Street on City side of floodwall o Connection to Julian Carroll Convention Center by bridge over floodwall o Parking adjacent to hotel and next to Convention Center on portion of former Executive Inn site o Developer will eventually operate Julian Carroll Convention Center and Paducah Expo Center Timeline Groundbreaking will be held in first half of 2014. Construction will take approximately 12 months with a fully operational hotel in first half of 2015. The developers have selected the general contractor to be Paducah - based A&K Construction, Inc. Project Cost and Financial Sources The Hotel is a $19.2 million total project with approximately $12.5 million in construction costs. The remaining $6.7 million is for architectural/engineering fees, furniture/fixtures/equipment, operational supplies and equipment, marketing and pre -opening materials, working capital, and other costs including software, legal, and accounting expenses. The City of Paducah is assisting in the financing of the project: Item I Value Amount Repaid To Citv I Time to Renav Citv City Owned Land $500,000 $0 City Capitalized Tax Credits $3,500,000 *$3,500,000 12 Years City Capitalized Room Tax $500,000 *$S00,000 12 Years City Grant Assistance $900,000 $500,000 20 Years Developer Equity $3,100,000 Bank Loan $10,500,000 KY Enterprise Initiative Act $200,000 TOTAL SOURCES $19,200,000 TOTAL REPAID TO CITY $4,500,000 TIME TO REPAY CITY 96% w/in 12 years *Repayment includes principal, interest and cost of issuance. Development Agreement In developing and constructing an "upscale" hotel, the developers agree to 1) Construct a 1.21 -room hotel, 50 -seat restaurant, pool, fitness center, and business center 2) Hire all necessary engineers, architects, designers, and a qualified contractor 3) Be fully operational in 2015 4) Obtain financing 5) Obtain KY Tourism Development Act ( KTDA) Tax Credits 6) Operate convention centers 7) Will invest at least $17.5 million through combination of bank loan, private equity, and tax credits In return, the City of Paducah agrees to 1) Lease and eventually deed the property for a nominal sum 2) Provide $900,000 for site improvements including the bridge over floodwall to connect to Julian Carroll 3) Waive permit fees 4) Issue taxable General Obligation (GO) Bonds equal to $4,000,000 5) Issue Industrial Revenue Bonds (IRB) (privately financed) 6) City agrees to not incent another hotel downtown for two years 7) Establish an Occupancy Stabilization Fund: a) $500,000 fund ($300,000 from City and $200,000 from Developer) b) Available only 60 months c) Can be used only if monthly RevPAR (Revenue Per Available Room) falls below $74. d) After 60 months, any outstanding amount will be repaid within one year Why is this hotel needed and desired? The publically-held Julian Carroll Convention Center and the Paducah Expo Center together are worth approximately $20 million. Both facilities will experience a utilization increase from an adjoining hotel. Currently, the City and County are making annual operating subsidies for the convention center space. A hotel will put the local governments on a path to end the subsidies. Having an upscale, national brand hotel also will contribute to attracting more visitors to Paducah which especially will be beneficial to the downtown and LowerTown businesses. A third party feasibility study also confirmed the need for a downtown hotel. o Need indicator: Some hotels in Paducah have more than 75 days per year when they are more than 90 percent occupied. Many of those days, the hotels are 100 percent full. * Need indicator: Approximately 20 percent of the attendees at Carson Center events travel more than 100 miles. These folks are potential overnight guests at a downtown hotel. o Need indicator: The Julian Carroll Convention Center and Paducah Expo Center are not performing as well as they could. They are hosting primarily local events. Events that the convention centers used to host have shifted to other cities that have an adjacent hotel or one within walking distance. o Everyone wins: This hotel will not cannibalize existing demand. The ability to attract an increase in regional events will allow overflow from the new hotel to other hotels in Paducah. Why is this hotel more expensive than a hotel located at the I-24 Exit 4 interchange? The construction footprint of this hotel is the main reason for the added cost which is almost twice what a two to three story hotel with a similar number of rooms would cost, This six -story hotel will be constructed of concrete and steel as compared to three to four-story hotels which can be constructed of wood. Why is there a need for a public-private partnership? The construction materials used in a six -story hotel are significantly more expensive than the materials that can be used in a two to three-story hotel. However, the room rates must stay competitive since this hotel will compete with rates established by the hotels along the interstate. A public-private partnership is the answer to assist a developer in moving forward with this type of project. With 121 rooms, this hotel will be one of the largest and most expensive built in the City of Paducah. Why has this project taken so much time? This hotel is a complicated project involving a combination of tax credits through the Commonwealth of Kentucky, private financing provided by the investors, a substantial bank loan, and financing and grants through the City of Paducah. The developer had to complete feasibility studies before many financial avenues could be pursued, How will this project affect AQS QuiltWeek? Groundbreaking for the project is not expected to occur until after the 2014 AQS QuiltWeek. For 2014, show vendors will once again utilize the dome pavilion. For 2015, the hotel will be in its final stages of construction but may not be open for guests. Before the 2015 AQS QuiltWeek, the City will work to complete the final renovation phase of the Julian Carroll Convention Center which includes turning the old Showroom space into convention space. Once the hotel construction is underway, the City will work to sell the dome pavilion. How will this project impact the area? The hotel, at stabilization, will generate an economic impact of about $9.3 million in direct, indirect, and induced spending. It will support the equivalent of 93 full-time jobs to the city. The hotel will generate approximately $631,000 in tax revenues annually. The Julian Carroll Convention Center and its partner, the Paducah Expo Center, are $20 million publicly owned facilities situated along the banks of the Ohio River in downtown Paducah. The convention center complex is overseen by the Paducah -McCracken County Convention Center Corporation and supported as following: 1) facility rental rates; 2) a portion of the local tax on the sale of hotel rooms, commonly called the bed tax, and 3) local government subsidies. Since the closure of the former Executive Inn, the Convention Center has struggled to be in a break-even position leading to the need for annual subsidies and support from both the City of Paducah and McCracken County. We have learned by experience and from industry experts that convention centers in smaller markets similar to Paducah's work best when a hotel is attached. Show and meeting organizers simply prefer to stay at or near a city's convention center. In return, a privately run hotel adjacent to a convention center looks to aggressively market the public facility to increase its own profit margin The City of Paducah and its downtown development agency, Paducah Riverfront Development Authority (PRDA), have long suspected a new hotel would be feasible in this market. But the recruitment of interested hotel developers doesn't guarantee that anything will be built. PRDA sought the advice of a market analyst. A strategy, supported by the analysis, evolved that predicted 300 new hotel rooms could be supported in the downtown market. Even though the centers of the community's tourism destinations are in downtown Paducah, the market for hotel rooms currently exists five miles away at the Interstate -24 interchange. Analysis also shows that the market of rooms at the interstate perform very well. The recruited hoteliers took the analysis to the next step; they engaged another third -party industry analyst to conduct a detailed feasibility study that is site specific to the Paducah -McCracken County Convention Centers. The study makes occupancy and revenue predictions showing positive profit -margins. The study also predicts that a new hotel at the convention center would be a big contributor to new visitor business to Paducah by expanding the convention business. It will support the hospitality industry generally and will be especially good for downtown businesses, attractions, and restaurants. Despite a favorable analysis, it is still difficult, if not impractical to think a project can be done without the formation of public-private ventures. The proposed hotel, a 121 -room, full service, upscale hotel will cost more than twice the typical interstate hotel. But it is not reasonable to believe that a private developer could spend twice the capital and charge twice the rate of the interstate hotel. In fact, the hotel will have to compete closely on price. But this hotel will cost much more due to the following factors: o It's big. At 121 rooms it is 20% larger than most of its competitors in the market. o The City and PRDA required an upscale product. Upscale hotels cost more due to higher -quality fixtures and amenities. o Most of the competitor hotels are four stories or less and have been constructed with a conventional light -frame method (2x4 construction). This six -story hotel will be on a smaller footprint and extend vertically with steel and concrete. o A pedestrian walkway over the floodwall will attach the hotel to the convention center. To make this work, we had to get the right partners. Senate Hospitality is remarkably experienced in hotel operations and convention center operations. David Puckett and Todd Clark are experienced commercial developers who are skilled in putting together financial packages. Puckett and his partners have built four hotels in the Paducah market at Exit 4. Local partnerships including bank financing are the final pieces of this puzzle. It's a puzzle that has taken time to assemble, but the final image will be an asset to the community.