HomeMy WebLinkAboutCCMPacket2013-12-17CITY COtNIyIISSION MEETING
AGENDA FOR DECEMBER l7, 3013
5:30 P.M.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
PRESENTATION: Presentation of Columbia Theater Conceptu-al Plug — Columbia Club
I.
MINUTES
II.
APPOINTMENT
A. Brooks Stadlunl Commission
III.
MOTIONS
A. R &. F Documents
IV.
MUNICIPAL ORDERS I
A. Personnel Actions — C. MEDFORD
V.
ORDINANCES —ADOPTION
A. Strategic Health Risk Advisor arndStrategic Bene Fit Placement
Services — C. MEDFORD
B. Agreement for Services �,ith Edurnedics — C. MEDFORD
C. Hotel Development agreement — S. DOOLITTLE
D. Loan to Parton Park NfunicipaI Golf COui-Se — CITN' MANAGER
VI.
ORDINANCE — INTRODUCTION
A. Authorize Mayor to Execute A Cooperation Agreement With the
United States ,-army Corps of Engtin;zrs for Paducah Levee Repairs
Sustained During the 2011 Flood — R. MURPHN"
VII.
CITE' MANAGER REPORT
I
VIII.
MAYOR & CO.MNIISSIO.NER COMMENTS
IAC.
PUBLIC C01NIMENTS
X.
EXECUTIVE SESSION
BOARDS and COMMISSIONS
APPOINTMENTS and REAPPOINTMENTS
FOR CITY COMMISSION CONFIRMATION
Appointment
Reappointment
Joint Appointment NAME: Dr. Frank Hideg
Joint Reappointment
NAME OF BOARD OR COMMISSION:
Brooks Stadium Commission
DATE TO BE PLACED ON AGENDA: December t7. 20t3
EXPIRATION OF TERM DATE: December 5. 2017
APPOINTEE'S HOME ADDRESS:
Street: 3550 Tuliowood Drive
City/Zip:
Phone: Akork:444-6774 xvlobile:319-78-43
Email Address: thdoc22^maol.com
Appointee's Business Name:
Address:
City/Zip:
Phone:
TO REPLACE ON BOARD:
- Thank you
Resigned ADDRESS:
Term Expired
Other (explain) Cite/Zip:
Appointee Confirmation: Date: B%:
Board of Commission Approval:
Original to: "Fammara S. Sanderson. Cit} Clerk BOARD CHAIR:NIAN:
Ce: file
BOARDS and COMMISSIONS
APPOINTMENTS and REAPPOINTMENTS
FOR CITY COMMISSION CONFIRMATION
Appointment
Reappointment
- Joint Appointment NAME: Greg :)'IcKeel
Joint Reappointment
NAME OF BOARD OR COMMISSION:
Brooks Stadium Commission
DATE TO BE PLACED ON AGENDA: December 17, 2013
EXPIRATION OF TERM DATE: December 5, 2017
APPOINTEE'S HOME ADDRESS:
Street:
City/Zip:
Phone:
Email Address:
Appointee's Business Name:
Address:
City/Zip:
Phone:
2000 Jefferson Street
TO REPLACE ON BOARD:
- Thank you
Resigned ADDRESS:
_ Term Expired
Other (explain) City/Zip:
Appointee Confirmation: Date:
Board of Commission Approval:
-31
Ori;inal to: Tammara S. Sanderson. City Clerk BOARD CHAIRMAN:
Cc: File
BOARDS and COMMISSIONS
APPOINTMENTS and REAPPOINTMENTS
FOR CITY COMMISSION CONFIRMATION
❑ Appointment
Reappointment
❑ Joint Appointment NAME: i c) bl\cUkcl it
❑ Joint Reappointment
NAME OF BOARD OR COMMISSION:
c
DATE TO BE PLACED ON AGENDA: 1 �)c cc rn hal I dG
EXPIRATION OF TERM DATE: -L�room—h,�
APPOINTEE'S HOME ADDRESS:
Street: -),,:D `s E� HG-n(oe
City/Zip:
Phone:
Email Address:
Appointee's Business Name:
Address:
cite /Zip:
Phone:
TO REPLACE ON BOARD:
❑ Thank you
❑ Resigned ADDRESS:
❑ Term Expired
❑ Other (explain) City/Zip:
-� Appointee Confirmation: Date: I� 2, I� B):
Board of Commission Approval:
Original to: Tammara S. Sanderson. Cit% Clerk BOARD CHAIRVIAN:
CC: File
DECEMBER 17. 1-013
1 mo%e that the following documents be received and tiled:
DOC L.MENTS
Commercial Guarant} Loan Instrument «ith Regions Bank for the Greater Paducah
Economic Development Council (GPEDC) (ORD' 2013-11-8too)
Agreements'Contracts:
a. Change Order No. I vv'ith Midstates Construction Compan% For Bob Noble Park
Pool Concessions Revocation Project (ORD 4 201 3-12-8101)
b. Concrete Program One -Year Renewal Agyreemeat with Harper Construction.
LLC. (ORD2012-03-7909)
c. Agreement to Purchase Police Vehicles kith Linwood Chresler Dod_e Hyundai.
LLC. (ORD i? 2013-12-8104)
d. Limestone One -Year Rencwal Agreement Mth Pine Bluff Sand and Gra%el
Compam (ORD 4 20t2-03-7912)
Paducah Water 'A Financial Hightights for October 2013
CITY OF PADUCAH
December 17, 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.
City Manager's Signature
ME
EPW - STREET
Mead. Michael
CITY OF PADUCAH
PERSONNEL ACTIONS
December 17, 2013
NEW HIRE - FULL-TIME [FIT)
POSITION
EPY/ Supernsor - Stree[s
RATE NCS/CS FLSA EFFECTIVE DATE
$22.50/Hr NCS Ex January 2. 2014
Agenda Action Form
Paducah City Commission
Vio�[ing Date: December 17, 20
Short Title: Strategic Health Risk Advisor and Strategic Benefit Placement
Services Renewal with Peel and Holland.
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resoluticn ❑ Motion
Staff Work By: Cindy Medford
Presentation By: Cindy Medford
Back2rortnd Information:
The City has utilized the Health Risk Advisor services of Greg Carlton through
Peel & Holland since July 1.999 pertaining to issues repr-ding 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 will pay Peel and Holland 571,900 for the 20 [4
year's service. This fee is payable in four equal installraents of S 17,975 to be
billed quarterly. The fee includes the same 565,000 ad;risor fee as last year, but has
a couple of additional features. The city will have the use of data analytics via
Acclaim health Analytics and NavNID Design 180 With.cLtstomized reporting and
care management integration with disease management firm chosen by the city for
$6,300. Data analytics of this nature are critical to the srtti_cess of the Edumedics
layer of Health Coaching eve are adding for 2014 as discussed in Greg Carlton's
presentation to the commission on October 22, 2013. Acre is also a newly added
compliance dashboard for $600 that is helpful to stay ir<compliance with the
changing laws related to health and health information.
There Will be an additional fee of S200 per hour subject Ita a minimum retainer of
55,000 for services requested by the City or the City's leOIJ counsel for issues that
arise in connection with employer and employee bargaijung, legal matters,
dispt.ttes, or other similar issues. The services provided by Greg Carlton tt,ill
continue effective January 1, 2014.
Goal: ❑Strong Economy ® Quality Scrvice;❑ Vital Neiahbcrh cAq.7 R�-stor2d DoL� nto« ns
Funds Available: ACCOUnt Name: lnsurance Claims
Account tiumbcr: 0730208542-1307 Finance
Staff Recommendation: Authorize the Mayor to execute a contract between the
City of Paducah and Peet & Holland pertaining to the administration of the City's
health insurance.
Attachments: Strategic Health Risk Advisor and Strategic Benefit Placement
Services Agreement
Department Head City Clerk rtv anaeer
Agenda Action Form
Paducah City Commission
1Lurtiti2 Date: December 17, 2013
Short Title: Edumedics, LLC Agreement for Services.
®Ordinance ❑ Emergency ❑ :tiMunicipal Order ❑ Resolutilw ❑ .Motion
Staff work By: Cindy ivtedford, Jon Perkins, At:dri Herridon, Glen Denton, Greg
Carlton
Presentation By: Cindy Nledford
Background Information;
On October 22. 2013 the commission heard a presenta?ion from Greg Carlton, the
city's Risk advisor for Health Insurance. During that pt--sentation, it was
recommended and discussed that the city enter into a contract for services intended
to improve the health and claims data associated with llhose adults on the city's
self-insured health insurance that manage chronic conditions inctudina:
o Diabetes V
o Hypertension
o Hyperlipidemia
Attached is a two year agreement that provides health coaching and care
management for individuals on the city's health insurailez initially targcting the
above conditions.
The agreement contains a one-time fee of S7, 100, a prog ram management fee, and
a [0% 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 hotFl� rate of up to S8a per
hour for the health care practitioner as well as clinical laboratory services, and
some durable medical equipment including blood PreSSUC cuffs and alucos:.
monitoring kits.
As a reminder, the health insurance renewal rates accepted from Anthem included
discounts for implementing this type of strategy for 2014 that will help to offset the
expense to the Health Insurance Fund.
The services provided be wlP be effective January 1. 2014
Goal ❑Stronv Economy ® Quati[y Services❑ Vital Nei;hbonccods❑ Restored Do%�nto%kns
Funds Available: Account Name: Insurance Claims
Account Number: 0730208422307 Finance
Staff Recommendation: Authorize the Niayor to execute a contract hot"cen the
City of Paducah and Edumedics, LLC.
Attachments: Agreement for Services
Department Head City ClerkCitc manaJer
Agenda Action Form
Paducah City Commission
Meeting Date: 12/10/13
Short Title: AUTHORIZE THE tNLAYOR TO ENTER INTO A HOTEL
DEVELOPMENT AGREEMENT WITH PADUCAH CONVENTION
HOTEL, LLC, DAVID M. PUCKETT, TODD M. CLARK, JOHN M. CLARK.
DAVID B. JON -ES, GLENN R. MALONE, EDDIE CORLEY, AND
GARRETT FORBES VIATHIEU FOR THE CONSTRUCTION OF A
CONVENTION CENTER HOTEL IN DOWNTOWN PADUCAH
®Ordinance ❑ Emergence ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Steve Doolittle
Presentation By: Steve Doolittle
Background Information: The Development Agreement spells out the respective
responsibilities beta°een the City of Paducah and the developeri proposing to build a hotel on
property owned by the City of Paducah near the 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, engineers, interior desi�tters, contractors and other
consults necessary for the development and construction of the Hotel and the Non -
Hotel Improaements.
3. To fully satisfy the Investment Commitments by the Developer expending a minimum
S17.5 million.
d. Have the Hotel fully operational and open for occupancv by no later than mid- 20t5.
5. Obtain funding for the Investment Commitments From a tinancial institution and/or
other investment Group(S).
6. To diligently complete and submit its applicatioc to the Kentuck\ Tourism
Development Commission for sales tax credits issued pursuant to the Kentuck%
Tourism Development Act.
7. To obtain and maintain all licensing, permitting andccrtitication requirements for the
lawful construction of the Hotel and the Non -Hotel Improvements and operation of
the Hotel.
S. Develop, construct, and operate the Hotel in conformity with all applicable laws and
regulations.
9. Protide, at their expense, %vritten reports reasonab'�.y satistactor} to the Cin_ or the
De%eloper's progress in satisfying the Investment Commitments.
10. Negotiate and execute management and/or operational agreements s%ith PyICCC to
Agenda .action Form
Page 2
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 ensura 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 \on -Hotel Improvements.
14. To promptly pay when due real property taxes, personal property taxes, and any and
all other governmental levies, assessments or tires of every kind and nature
whatsoever, which are assessed, levied, imposed Ripon, 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, communications and other services rendered or used in or about the Hotel,
the Property, and the Non -Hotel Improvements.
15. Contribute S200,000 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 5500,000 over 20 years.
In rentrn, the City wilt agree to:
I. Transfer long-term use and occupancy of the Proper} (Tract l) to the Developer b}
sate or lease for a nominal sum and upon such other terms as are mutually agreeable
among the parties.
2. Lease unto the Developer Tract II 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 S900,000.00, in connection with the detclopment and
construction of surface parking lot on Tract It, a pedesirian bridge over the floodwall
linking the Hotel to the Conventions Center, a rear entrance connecting the surface
parking lot on Tract It through the flood wall to the Hotel. and for kitchen
improvements to the Contention Center
4. Waite permit, inspection, and building inspector fees :utd zoning. and platting fees.
5. To aid and/or participate in the financing necessary for the development and
construction of the Hotel by the Deteloper as follows:
a. Issuance of taxable general obligation bond, to fund a portion of the costs of
improvements related to the Hotel to thas. 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 tern up to ticenty-five (25) years
at the sole cost of the Det eloper in accordancctvith KRS Chapter 103.
6. To provide a Hotel Occupancy Stabilization Fund to the Deteloper and protide
financial assistance to the Deteloper. The fund provided be Citt shall be 5300.000
,\_endo .aarion Form
Page
and can only be accessed when monthly revenue falls below S74 RevPar. The
assistance shalt be repaid at the end of 36 months
7. The City shalt not offer Economic Incentives within the Dountocan Market Area to
any Hospitality Project for a period of two (2) year 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 includes executing a definitive agreement with the P,\,[CCC.
and to secure the requisite tax credits required to finance the bonds. We expect another fora'
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 Re%enue 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 [RB.
There are other government partners in this transaction. Those include the Paducah
Contention and Visitors Bureau (CVB), the Paducah -McCracken Convention Center
Corp.(CCC), and the Kentucky Tourism, Arts and Heritage Cabinet. The CVB will 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: ®Strong Economy ® Quality Services❑ Vital Netaltborhoods® Restored Do" ntos�us
Fends Available: Account Name:
Account Number:
Staff Recommendation: Approval of the above.
Attachments:
City Clerk
Head
Circ M
L�:Finance
Agenda Action Form
Paducah City Commission
Meeting Date: December 10. 2013
Short Title: REQUEST FOR LOAN FROM CITY OFPADUCAH BY
PAYTON PARK MUNICIPAL GOLF COURSE BOARD
®Ordinance ❑ Emergency ❑ iNinnicipal Order ❑ Resot tit ion ❑N[otion
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 purpose of making facility
improvements and equipment purchases. To accommodate this, the City will make the
loan from the Fleet Enterprise Fund for a period of ten years. Annual payment on the
loan will be 522,500, plus annual accrued interest at a rate that reflects the earning on
City demand deposits, not to exceed 2.5%.
Loan proceeds will be utilized as follows:
Clubhouse Repair and Equipment Purchase 8122,900
Course Upgrades 3,380
Pavinv 19,600
Continaency 7,525
TOTAL
3225,000
Goal: ❑Strong Economy ® Qualiq- Sereices❑ Vital Neighborhoods❑ Restored Doiknto��ns
Funds Available: ACCOUnt Name: tnterhmd Loan from Fleet Trast Finance
Account Number:
Staff Recommendation:
Adopt an Ordinance approving a loan to The Paxton Park Municipal Golf Course Board
Attachments: Itemization and detail of projects
Ordinance
Department Head City clerk lwl�nager
Agenda Action Form
Paducah City Commission
Meeting Date: December 17, 2013
Short Title: Cooperation Agreement with the USACE for Paducah Levee
Repairs Sustained During the 2011 Flood
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Angela Weeks, EPW Proj Mgr
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Background Information:
On May 18, 2011, the US Army Corps of Engineers notified the City of Paducah that under
Public Law 84-99 the City was eligible to request Rehabilitation Assistance for damages
sustained to the Paducah Levee System during the 2011 Flood, On June 27, 2011,
correspondence was sent to the USACE documenting the 20t I Flood damages sustained on
the Paducah Levee System and formally requesting the USACE to provide the rehabilitation
benefits pursuant to provisions under Public Law 84-99. In March of 2012, the USACE
inspected the flood damages made to the Paducah Levee System as described in a Project
Information Report (PIR). On November 21, 2013, the USACE Division Engineer approved
the rehabilitation work described in the PIR.
In order to proceed with the 2011 Flood Damage Rehabilitation Effort listed in the PIR, the
USACE has requested the City execute a Cooperation Agreement. In accordance with this
Cooperation Agreement, the USACE will complete all rehabilitation repairs noted within the
PIR. The City of Paducah will be responsible to establish a suitable borrow site that will be
utilized to procure the volume of soil needed for the proposed riverbank embankment fill.
The City has located a suitable borrow site having a sufficient volume in close proximity of the
project. The cost for the fill material is estimated at $10,000 to $15,000.
Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Doi ntonns
Funds Available: Account Name: Floodwall Repairs/Upkeep
Account Number: 001-3308-532-3305 L::Finance
Staff Recommendation:
To adopt an Ordinance authorizing the Mayor to execute a Cooperation Agreement with the
United States of America, Department of the Army Corps of Engineers for Rehabilitation
Assistance for damages sustained to the City of Paducah Levee System during the 201 I Flood
pursuant to Public Law 84-99 as documented in the USACE's Project Information Reports
approved by the Division Engineer on November 21, 2013.
Agenda Action Fonn
Page 2
Attaclunents:
USACE May 18, 2011 Notice, City Formal Request June 27, 2011, Cooperative Agreement
ORDINANCE NO. 2013-1,
AN ORDI`ANCE A THORIZING THE ,%IAYOR TO EXECUTE A COOPERATION
AGREEMENT BETWEEN THE UNITED STATES OF ANrERICA . DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS FOR REHABILITATION OF A FEDERAL, FLOOD CONTROL WORK
WHEREAS. on'Iay 13, 201 I, the LS Army Corps of Engineers notified the Ciq of
Paducah that under Public Law 84-99 the City ti%as eligible ro request Rehabiluation Assistance for
damages sustained to the Paducah Levee System during the 2011 Flood; snd
WHEREAS, on .lune 27, 2011, correspondence was sent to the USACE documenting the
301 1 Flood damaRes sustained on the Paducah Levee System and formally requesting the L SALE to
pro%ide the rehabilitation benefits pursuant to provisions under Public Law 34-99: and
WHEREAS. in March of 3012. the USACE inspected the flood damages made to [lie
Paducah Le%ee System as described in a Project information Report (PLRt; and WHEREAS. on
No%ember 21, 2013, the USACE Di% inion Engineer approved the rehabikaiioti cork described in the
PIR; and
WHEREAS, in order to proceed Mill the 2011 Flood Damage Rehabilitation Effort listed
in the PIR, the USACE has requested the City execute a Cooperation Agreement.
BE IT ORDAINED BY THE CITY OF PADCCAH, KENTUCKY -
SECTION 1. That the City of Paducah hereby authorizes the Mayor to eXecute a
Cooperatiou .agreement hetween the United States of America. Department of the Arm% Corps of
EnJnteers for rehaNfitation assistance for damages sustained to the Cite cf Paducah Levice System durim!
the 1-011 Flood pursuant to Public Law 34-99 as documented in the CSACE' s Project Information
Report; approved by the Division Engineer onNovember 21, 3013.
SECTIO:` 2. Se%erabihLv. If any section- paragraph or provision of this Ordinance shall
be held [o he invalid or unenforceabic for any reason. the invalidity or unenforceability of such section,
paragraph or provision shall not affect an% of the remaining provisions of ihisOrdinance.
SECTION 3. Compliance With Open Meetings Laws. T:te City Conimission 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 Citr Commission and of irs
commiuces. if any, which resulted in form aI action. were in mectings ope-i to the pubiic. in fuiI
compliance v,ith applicable legal requircmemt .
SECTION 4. Conflicts. All ordinances, resolutions. ordersor parts thereof in contlict
«ith the provisions of this Ordinance are, to the extent of such conR10, hereby repealed and the
pros isions of this Ordinance shalt prevail and be giscrt effect.
SECTION. 3, Effective Date. This Ordinance shall be read on t%to separate dad s and
rsill become effective upon summary publication pursuant to KRS Chapt.r 424
yLIN or
ATTEST
Tammara S. Sanderson. Cn% Clerk
introduced b% the Surd of Commissioners. December 17,'_013
.Adopted bN the Board of Commissioners. Januar I-4. 2013
Tammara S. Sanderson, Cite Clerk. January 14. 2013
Published by The Paducah Sun,
ordlen�lagree floodscall levee -arm}
COOPERATION AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF PADUCAH, KENTUCKY
FOR
REHABILITATION OF A FEDERAL FLOOD CONTROL WORK
THIS AGREEMENT, entered into this day of , 2013, by and between
the DEPARTMENT OF THE ARMY (hereinafter referred to as the "Government") represented by
the District Engineer, Louisville District, U.S. Army Corps of Engineers, and the CITY OF
PADUCAH, KENTUCKY, (hereinafter referred to as the "Public Sponsor"), represented by the
Mayor of the City of Paducah, Kentucky.
WITNESSETH THAT:
WHEREAS, the Government constructed a flood control project (hereinafter referred to as
the project) authorized by section 5 of the Flood Control Act of June 22, 1936 and
section 1 of the Flood Control Act of August 28, 1937, and governed by assurances of local
cooperation (dated May 2, 1938) which remain in fuil effect;
WHEREAS, pursuant to 33 U.S.C. 701n, the Government is authorized to assist in the repair
or restoration of flood control improvements threatened or destroyed by floods,
WHEREAS, via written correspondence, the Public Sponsor has requested that the
Government repair or restore the project, which was damaged by recent flooding or coastal
storms, in accordance with 33 U S.C. 701r and established policies of the U.S. Army Corps of
Engineers: and,
WHEREAS, Public Sponsor hereby represents that it has the authority and legal capability to
furnish the non -Federal cooperation hereinafter set forth and is willing to participate in the
rehabilitation effort of the authorized project in accordance with the terms of this Agreement:
NOW, THEREFORE, the Government and the Public Sponsor agree as follows
ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS
For purposes of this agreement:
A. The term "Rehabilitation Effort" shall mean all materials, supplies, and labor to repair the
levee system located in the City of Paducah, McCracken County, Kentucky. The project consists
of three items. (1) Repair riverbank slope failure adjacent to the existing floodwall for a length of
approximately 300 feet. Repair will consist of removal and stockp!1e of existing riprap and
bedding material installing a sheetpile cutoff wall, regrading and recompacting the slope, and
replacing the riprap and bedding material. (2) Repair the loss of vegetative cover at three
locations along the riverside of the existing levee for a total area of 3.6 acres. (3) Repair rutting
along the crown of the existing levee for approximately 900 feet and repair rutting along the toe
and on the embankment at one location as generally described in the Project Information Report
Paducah Levee System dated March 2012 and approved by the Division Engineer on
21 November 2013.
B. The term "Rehabilitation Effort costs" shall mean all costs incurred by the Public Sponsor
and the Government, in accordance with the terms of this Agreement, directly related to
implementation of the Rehabilitation Effort. The term shall include but is not necessarily limited
to: actual construction costs, including supervision and inspection costs, costs of contract dispute
settlements or awards and the cost of investigations to identify the existence of hazardous
substances as identified in Article XII, The term shall not include any costs for operation and
maintenance, any costs to correct deferred or deficient maintenance; any costs for betterments,
any costs for Public Sponsor -preferred alternatives, or the costs of lands, easements, rights-of-
way, relocations or suitable borrow and dredged or excavated material disposal areas required
for the Rehabilitation Effort.
C. The term ''betterment" shall mean the design and construction of a feature accomplished
on behalf of, or at the request of, the Public Sponsor in accordarce with standards that exceed
the standards that the Government vvou}d otherwise apply for accomplishing the Rehabilitation
Effort.
ARTICLE II — OBLIGATIONS OF THE GOVERNMENT AND PUBLIC SPONSOR
A. The Government, subject to receiving funds appropriated by the Congress of the United
States and using those funds (arid using funds provided by the Public Sponsor) shall
expeditiously implement the Rehabilitation Effort, applying those procedures usually followed or
applied in Government construction of Federal projects, pursuant to Federal laws, regulations,
and policies. The Public Sponsor shall be afforded the opportunity to review and comment on
solicitations for all contracts, including relevant plans and specifications, prior to the issuance of
such solicitations. The Contracting Officer will, in good faith, consider the comments of the Public
Sponsor, but award of contracts, modifications or change orders, and performance of all work on
the Rehabilitation Effort (whether the work is performed under contract or by Government
personnel), shall be exclusively within the control of the Contracting Officer.
B. As further specified in Article III, the Public Sponsor shall provide all lands, easements, and
rights-of-way, including suitable borrow and dredged or excavated material disposal areas, and
perform all relocations determined by the Government to be necessary for construction
operation, and maintenance of the project and the Rehabilitation Effort.
C. As further specified in Article IV, the Public Sponsor shall contribute. in cash. in-kind
services, or a combination thereof, a contribution toward construction of the Rehabilitation Effort
in an amount equal to $0 00 towards the total Rehabilitation Effortcosts.
D. The Public Sponsor shall not use Federal funds to meet its share of total Rehabilitation
Effort costs under this Agreement unless the Federal granting agency verifies in writing that the
expenditure of such funds is authorized by statute.
E. The Public Sponsor shall hold and save the Government free from all damages arising
from the construction, operation, and maintenance of the Rehabilitation Effort and any authorized
project -related betterments, except for damages due to the fault or negligence of the Government
or the Government's contractors.
F. The Public Sponsor agrees to continue to participate in and comply with the policies and
procedures of the U.S. Army Corps of Engineers Rehabilitation and Inspection Program. and of
Title 33, Code of Federal Regulations, Part 208.10 (33 CFR 208.10).
G The Public Sponsor may request the Government to accomplish betterments. The Public
Sponsor shall be solely responsible for any increase in costs resulting from the betterments and
all such increased costs will be paid in advance by the Public Sponsor in accordance with Article
IV.
ARTICLE III - LANDS, RELOCATIONS, AND PUBLIC LAW 91-646
A. The Government shall provide the Public Sponsor with a description of the anticipated real
estate requirements and relocations for the Rehabilitation Effort Thereafter, the Public Sponsor
shall furnish al{ lands. easements, and rights-of-way, including suitable borrow and dredged or
excavated material disposal areas, and perform any relocations, as may be determined by the
Government in that description, or in any subsequent description, to be necessary for the
construction, operation, and maintenance of the Rehabilitation Effort and the authorized project.
The necessary lands, easements, and rights-ef-way may be prov'ded incrementally for each
construction contract. All lands, easements, and rights-of-way determined by the Government to
be necessary for work to be performed under a construction con'.ract must be furnished prior to
the advertisement of that construction contract.
B. The Public Sponsor shall comply with the applicable provisiors of the Uniform Relocation
Assistance and Real Property Acquisitions Policy Act of 1970, Public Law 91-646, as amended
by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public
Law 100-17), and the Uniform Regulations contained in 49 CFR Part 24, in acquiring lands
easements and rights of way, required for construction, operation, and maintenance of the
Rehabilitation Effort, including those necessary for relocations, borrow materials, and dredged or
excavated material disposal , and shall inform aif affected persons of applicable benefits, policies.
and procedures in connection with said Act.
ARTICLE IV - METHOD OF PAYMENT
A The Public Sponsor shall provide during the period of construction, cash payments, in-kind
services, or a combination thereof, required to meet the Public Sponsor's obligations under Article
If of the Agreement. Rehabilitation Effort costs are currently estimated to be $1,666,000.00 and
the Public Sponsor's share (cash and services in kind) of total Rehab6tation Effort costs are
currently estimated to be $0.00. In order to meet Public Sponsors cash payment requirements,
the Public Sponsor must provide a cash contribution estimated to be $0.00. The dollar amounts
set forth in this paragraph are based upon the Government's gest estimates that reflect
projections of costs. price level changes, and anticipated inflation. Such cost estimates are
subject to adjustments based upon costs actually incurred, and are not to be construed as the
total Financia{ responsibilities of the Government and the Public Sponsor.
B. The required cash contribution shall be provided as follows: At least ten calendar days
prior to the award of the first construction contract, the Government shall notify the Public
Sponsor of the Public Sponsor's estimated share of the total Rehabilitation Effort costs including
the Public Sponsor's estimated share of the costs attributable to the Rehabilitation Effort incurred
prior to the initiation of construction. Within five calendar days thereafter, the Public Sponsor shall
provide the Government the full amount of the required contribution by delivering a check payable
to "FAO, USAED, Louisville" to the Contracting Officer representing the Government. The
Government shall draw on the funds provided by the Public Sponsor such sums as the
Government deems necessary to cover contractual and in-house fiscal obligations attributable to
the Rehabilitation Effort as they are incurred, as well as Rehabilitation Effort costs incurred by the
Government. In the event that total Rehabilitation Effort costs are expected to exceed the
estimate given at the outset of construction, the Government shall Immediately notify the Public
Sponsor of the additional contribution the Public Sponsor will be required to make to meet the
Public Sponsor's share of the revised estimate. Within ten calendar days thereafter, the Public
Sponsor shall provide the Government the full amount of the additional required contribution.
C. During the period of construction. the Government will provde periodic financial reports on
the status of the total Rehabilitation Effort costs and status of ccntributions made by the Public
Sponsor. Upon completion of the Rehabilitation Effort and resolution of all relevant contract
claims and appeals, the Government shall compute the total Rehabilitation Effort costs and
tender to the Public Sponsor a final accounting of the Public Sponsor's share of Rehabilitation
Effort costs.
1. fn the event the total contribution by the Public Sponsor is less than the Public Sponsor's
required share of total Rehabilitation Effort costs, the Public Sponsor shall, no later than 90
calendar days after receipt of written notice make a cash payment to the Government of
whatever sum is required to meet the Public Sponsor's required share of the total Rehabilitation
Effort costs.
2. In the event total contribution by the Public Sponsor is more than the Public Sponsor's
required share of total Rehabilitation Effort costs, the Government shall, no later than 90 calendar
days after the final accounting is complete. subject to the availability of funds, return the excess to
the Public Sponsor; however, the Public Sponsor shall not be entitled to any refund for in-kind
services. In the event the existing funds are not available to repay the Public Sponsor for excess
contributions provided, the Government shall seek such appropriations as are necessary to repay
the Public Sponsor for excess contributions provided.
ARTICLE V - CREDITING OF IN-KIND SERVICES
The Government has approved a credit for In -Kind Services, compatible with the Rehabilitation
Effort, in the estimated amount of S0.00 for implementation of such services by the Public
Sponsor. The affording of such credit shall be subject to an onsite inspection by the Government
to verify that the work was accomplished in a satisfactory manner and Is suitable for inclusion in
the Rehabilitation Effort. The actual amount of such credit shall be subject to an audit conducted
to determine reasonableness, allocability, and a){owability of costs. The Government shall apply
the credit amount toward any additional cash contribution required under this Agreement. The
Public Sponsor shall not receive credit for any amount in excess of such additional cash
contribution. nor shall the Public Sponsor be entitled to any reimbursement for any excess credit
amount
ARTICLE VI - OPERATION AND MAINTENANCE
A. After the Contracting Officer has determined that construction of the Rehabilitation Effort is
complete and provided the Public Sponsor with written notice of such determination, the Public
Sponsor shall continue to operate and maintain the completed Rehabilitation Effort as part of the
project, at no cost to the Government, in accordance with specific directions prescribed by the
Government in Title 33, Code of Federal Regulations, Part 208. 10, Engineer Regulation 500-1-1;
and any subsequent amendments thereto.
B. The Public Sponsor hereby gives the Government a right to enter, at reasonable times and
in a reasonable manner, upon land that the Public Sponsor owns or controls for access to the
project for the purposes of inspection, and, if necessary, for the purpose of completing. operating.
and maintaining the Project. If an inspection shows the Public Sponsor for any reason is failing to
fulfill the Public Sponsor's obligations under this Agreement without receiving prior written
approval from the Government, the Government will send a written notice to the Public Sponsor.
If, after 30 calendar days from receipt of such notice, the Publc Sponsor continues to fail to
perform, then the Government shall have the right to enter, at reasonable times and in a
reasonable manner, upon lands the Public Sponsor owns or controls for access to the authorized
project for the purposes of completing, operating, and maintaining the project. No action by the
Government shall operate to relieve the Public Sponsor of resoonsibility to meet the Public
Sponsor obligations as set forth in this Agreement. or to preclude the Government from pursuing
any other remedy at law or equity to assure faithful performance pursuant to this Agreement.
ARTICLE VII - FEDERAL AND STATE LAWS
In the exercise of the Pubic Sponsor's rights and obligations hereunder, the Public
Sponsor agrees to comply with all applicable Federal and state laws and regulations
ARTICLE VIII - RELATIONSHIP OF PARTIVS
The Government and the Public Sponsor act in an independent capacity in the
performance of their respective functions under this Agreement, and neither party is to be
considered the officer, agent, nor employee of the other.
ARTICLE IX - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, or resident commissioner, shall be admitted
to any share or part of this Agreement, or to any benefit that may arise therefrom.
ARTICLE X - COVENANT AGAINST CONTINGENT FEES
The Public Sponsor warrants that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon agreement or understanding for a commission,
percentage brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Public Sponsor for the purpose of
securing business. For breach or violation of this warranty, the Government shall have the right to
annul this Agreement without liability, or, in the Government's discretion to add to the Agreement
or consideration, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
ARTICLE XI - TERMINATION OR SUSPENSION
If at any time the Public Sponsor fails to carry out its obligations under this Agreement,
the District Engineer shall terminate or suspend work on the Rehabilitation Effort, unless the
District Engineer determines that continuation of work on the Rehabilitation Effort is in the interest
of the United States or is necessary in order to satisfy agreements with any other non -Federal
interests in connection with this Rehabilitation Effort. However, deferral of future performance
under this agreement shall not affect existing obligations or relieve the parties of liability for any
obligation previously incurred. In the event that either party elects to terminate this Agreement
pursuant to this Article, both parties shall conclude their activities relating to the Rehabilitation
Effort and proceed to a final accounting in accordance with Article IV of this Agreement. In the
event that either party elects to defer future performance under this Agreement pursuant to this
Article, such deferral shall remain In effect until such time as edher the Government or Public
Sponsor elects to proceed with further construction or terminates this Agreement.
ARTICLE XII - HAZARDOUS SUBSTANCES
A. After execution of this Agreement and upon direction by the Contracting Officer, the Public
Sponsor shall perform, or cause to be performed, such investigations for hazardous substances
as are determined necessary by the Government of the Public Sponsor to identify the existence
and extent of any hazardous substances regulated under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) 42 U.S.C. Sections, 9601-9675, on lands
necessary to Rehabilitation Effort construction, operation, and maintenance. All actual costs
incurred by the Public Sponsor that are properly allowable and allocable to performance of any
such investigations for hazardous substances shall be included in Rehabilitation Effort costs and
cost shared as a construction cost.
B In the event it is discovered through an investigation for hazardous substances or other
means that any lands. easements rights-of-way or disposal areas to be acquired or provided for
the Rehabilitation Effort contain any hazardous substances regulated under CERCLA, the Public
Sponsor and the Government shall provide prompt notice to each other and the Public Sponsor
shall not proceed with the acquisition of lands. easements, rights-of-way, or disposal areas until
mutually agreed,
C. The Government and the Public Sponsor shall determine whether to initiate construction of
the Rehabilitation Effort, or, if already in construction, to continue with construction of the
Rehabilitation Effort, or to terminate construction of the Rehabilitation Effort for the convenience
of the Government in any case where hazardous substances regulated under CERCLA are found
to exist on any lands necessary for the Rehabilitation Effort and the authorized Project. Should
the Government and the Public Sponsor determine to proceed or continue with the construction
after considering any liability that may arise under CERCLA, the Public Sponsor shall be
responsible, as between the Government and the Public Sponsor, for any and all necessary clean
up and response costs, to include the costs of any studies and investigations necessary to
determine an appropriate response to the contamination. Such
costs shall not be considered a part of the total Rehabilitation Effort costs as defined in this
Agreement.
In the event the Public Sponsor fails to provide any funds necessary to pay for clean up and
response costs or to otherwise discharge the Public Sponsor's responsibilities under this
paragraph upon direction by the Government, the Government may either terminate or suspend
work on the Rehabilitation Effort, or proceed with further work as provided in Article X of this
Agreement.
D. The Public Sponsor and Government shall consult with each other to assure that
responsible parties bear any necessary clean up and response costs as defined in CERCLA. Any
decision made pursuant to paragraph C of this Article shall not relieve any party from any liability
that may arise under CERCLA.
E. As between the Government and the Public Sponsor, the Public Sponsor shall be
considered the operator of the project (which the Rehabilitation Effort is repairing and restoring)
for purposes of CERCLA liability. To the maximum extent practicable, the Public Sponsor shall
operate and maintain the authorized project in a manner that will not cause liability to arise under
CERCLA.
ARTICLE XIII - NOTICES
A All notices, requests, demands, and other communications required or permitted to be
given under this Agreement shall be deemed to have been duly given if in writing and delivered
personally, given by prepaid telegram, or mailed by first-class (postage prepaid), registered, or
certified mail. as follows.
If to the Public Sponsor,
Mayor
City of Paducah, Kentucky
City Hall
300 South 5" Street
Paducah, Kentucky 42003
AND (send to both Mayor and City Engineer)
City Engineer and Public Works Director
City of Paducah. Kentucky
City Hall
300 South 5" Street
Paducah Kentucky 42003
If to the Government:
District Engineer
U.S. Army Engineer District.. Louisville
P.O. Box 59
Louisville, Kentucky 40201-0059
B. A party may change the address to which such communications are to be directed by
giving written notice to the other party in the manner provided in this Article.
C. Any notice, request, demand, or other communication made pursuant to this Article shall
be deemed to have been received by the addressee at such time as it is either personally
delivered, or, seven calendar days after it is mailed, as the case may be.
IN WITNESS HEREOF, the parties hereto have executed this Agreement, which shall
become effective upon the date it is signed by the District Engineer.
THE DEPARTMENT OF THE ARMY
F -M
Luke T, Leonard
Colonel, Corps of Engineers
District Commander
DATE
CITY OF PADUCAH KENTUCKY
.32
Gayle Kaler
Mayor, City of Paducah, Kentucky
DATE
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned; to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Ccngress, or an employee of a
member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LI -L, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included In the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352. Title 31, U.S. Code Any
person who fails to file the required certification shall be subject to a c!vil penalty of not less than
$10 000 and not more than $100,000 for each such failure.
DATED this day of , 2013
Gayle Kaler
Mayor, City of Paducah, Kentucky
Angela Weeks
From: Rick Murphy
Sent: Monday, December 09, 2013 10:05 AM
To: Angela Weeks
Cc: Jon Perkins; Jeff Pederson; Pam Spencer; Beckham, Theresa C LRL
(Theresa.C.Beckham@usace.army. mil), Babey, Amy S LRL
(Amy. S. Babey@usace.army. m il)
Subject: FW: Paducah Levee Rehabilitation Cooperation Agreement and Paducah Reconstruction
Project non -Federal funding
Attachments: Paducah Cooperation Agreement FINAL legally cert 111513r.pdf
Ang:
As you are aware we've been dealing with a host of outside projects requiring our attention. Our doing has let some of
our projects get put on the back burner. Given the Paducah Floodwall qualifies under Public Law 84-99 to have damages
due to the 2011 Flood repaired by the USACE, the City will experience minimal cost to support this effort. The USACE
Louisville District has estimated the cost to repair the damages to the levee yield by the 2011 Flood at $1.66 million. The
City's portion of these cost is estimated at approximately $10,000 to $15,000. The City's cost is to pay for the soil fill
needed to be placed behind a steel sheet piling designed and constructed by the USACE.
The anticipated construction repair window to the City's LFPP left by the 2011 Flood is planned for the spring of 2014.
Thank You,
Rick Murphy, P.E.
City Engineer &
Public Works Director
City of Paducah
P.O. Box 2267
Paducah, KY 42002-2267
rmurohv @oaducahki.eov
Office: (270) 444-8511
Fax: (270)444-8689
Physical Address:
300 South 5th Street
Paducah, KY 42003
-----Original Message -----
From: Beckham, Theresa C LRL [mailto Theresa.C.Beckham@usace.army.milj
Sent: Tuesday, November 26, 2013 1:14 PM
To: Rick Murphy
Cc: Amy Nuckolls; Babey, Amy S LRL; Bond, Sharon M LRL
Subject: Paducah Levee Rehabilitation Cooperation Agreement and Paducah Reconstruction Project non -Federal funding
Hi, Rick,
Please find attached the Paducah Cooperation Agreement for the Paducah Levee Rehabilitation Project. This is ready for
signature at your end. Please have three copies ("originals") signed and send them back to us. Please let me know
whether you will need to wait for a city council meeting to have the agreement signed at your end and let me know
when you anticipate being able to send the three signed copies back to us.
Regarding the Paducah Reconstruction Project, could you advise on the status of the non -Federal funding? Did you
receive the instructions for the EFT process? Is there anything you need from us?
Thanks, Rick,
Theresa
Theresa C. Beckham, PMP
Project Manager
USACE, Louisville District
office: 502-315-6875
cell phone: 502-297-4021
Rick Nturphy, P.
City Engineer
June 27, 2011
CITY OF PADUCAH
300 South 5th Street
P. O. Box 2267
Paducah, KY 42002-2267
ww"v.paducaliky.gov
CORPS OF ENGINEERS, LOUISVILLE DISTRICT
Emergency Management and Security Branch
ATTN: CELRL-OP-E
P.O. Box 59
Louisville, Kentucky 40201-0059
RE: Rehabilitation Assistance for Flood -Damaged Flood Control Projects
Dear Sir,
Phone: (270) 444-8511
Fax: (270) 444-8689
Please receive this correspondence in response to Mr. Steven W. Rager's notification dated 18
May, 2011. It is also requested that the USACE also receive this letter as a formal request for
benefits afforded to the City of Paducah under the provisions of Public Law 84-99. This request
is being sent to you to supplement an e-mail notification sent directly to Mr. Dan Frank on 6
June, 2011. Please see attached.
Non -Federal Sponsor Point of Contact Information:
Rick Murphy, P.E., City Engineer & Public Works Director
Paducah, Kentucky Local Flood Protection Project
Office (270) 444-8511, Cell (270) 994-7396
Periodic Inspection, Contract No: W912QR-08-D-0005 Task Order: 009
City of Paducah, McCracken County, Kentucky
To date I am reporting that the Paducah LFPP has sustained the following damage:
• Section "A": Riverside washout right of approximate Sta. 190+00 to Sta. 200+00.
• Pump Plant No. 2 Discharge Pipe Flap Gates were severally damaged during 2011
flood event and need to be replaced.
• Section "B": Riverside toe sloughing right of approximate Sta. 17+00 to Sta. 19+50.
• Section "B": Riverside slope failure from approximate Sta. 12+00 to Sta. 16+00.
• Section "C": The top of the levee and several landside and riverside levee slopes were
damaged during the 2011 Flood fighting efforts. This damage is random from
approximate Sta. 29+00 to Sta. 90+00.
f
EOUAL OPPORTUNITY EMPLOYER KI �i i;,..,_,„, TDD 1-800-247.25!0
CORPS OF ENGINEERS, LOUISVILLE DISTRICT
June 27, 2011
Page 2 of 2
The City of Paducah acknowledges that the USACE will be limited to work that can be
economically justifiable and that the City of Paducah will have a 20 percent cost share with any
repair work that is performed.
On behalf of the City of Paducah I am requesting that an appropriate USACE representative
come and inspect the damage sustained and identified to our LFPP herein.
look forward to hearing from a USACE representative very soon
Sincer y,
Rick Murphy E.
City Engine -Public orks Director
RM:an
C: Dan Frank, LRL, Levee Safety Program Manger
Jeff Pederson, City Manager
Jon Perkins, C.P.A. Finance Director
Flood 2011 Project File
Rick Murphy
From:
Rick Murphy
Sent:
Monday, June 06,20115:51 PM
To:
daniel.d.frank@usace.army.mil
Cc:
Jeff Pederson; Kenny Brannon; Chris Yarber;Angela Weeks
Subject:
Flood Damage Assist. Public Law 84-99
Dan:
Due to the recent historic Flood of record initiating in April and extended in to May of 2011 the City of Paducah
anticipates that it will discover damages caused by the recent flood as the flood waters subside.
Therefore, please receive this e-mail correspondence as the City of Paducah'sformal notification and request that we
will be making use of the applicable benefits afforded to us to repair the damage to the City's LFPP resulting from the
recent flood event.
Please be advised we will be in contact with your office as we determine the extent of any damage to our project.
Thx Rick
Sent from my iPhone
US ARMY CORPS NOTICE TO PUBLIC SPONSORS DATE: May 18, 2011
OF ENGINEERS
REPLY TO:
CORPS OF ENGINEERS, LOUISVILLE DISTRICT
Emergency Management and Security Branch
ATTN: CELRL-OP-E
P. O. Box 69
Louisville, Kentucky 40201-0069
APPLICATION PERIOD EXPIRES
REHABILITATION ASSISTANCE FOR FLOOD -DAMAGED FLOOD CONTROL PROJECTS
Public Sponsors of flood control projects that sustained damages due to flooding during the period between March
15, 2011 and May 31, 2011, have until June 30, 2011 to apply for Public Lav 84-99 Rehabilitation Assistance from
the US Army Corps of Engineers, Louisville District,
The Corps of Engineers has authority under Public Law 84-99 to supplement local efforts In the repair of both
Federal (Corps -constructed, locally operated and maintained) and non -Federal (constructed by non -Federal
interests or by the Work Projects Administration (WPA)) flood control projects damaged by flood.
/a, For a non -Federal flood control project to be eligible for Rehabilitation Assistance, it must have been
inspected, evaluated, and accepted into the Corps Rehabilitation and Inspection Program (i.e., granted Active
status) prior to the onset of the flood, and still be Active (based on the latest Continuing Eligibility Inspection)
at the time of the flood.
b. For a Federal flood control project to be eligible for Rehabilitation Assistance, it must be in an Active status by
having passed its last inspection.
c�Rehabilitation Assistance will be provided by the Corps only when the work Is economically justifiable, the
damage was sustained during the recent flood event, and the cost of repairs is more than $15,000.
d. Rehabilitation Assistance for a non -Federal project Is cost shared betHeen the Public Sponsor and the Corps
of Engineers. The Public Sponsor must provide 20 percent of the cost of the Rehabilita� on ac Bance,
All requests for assistance made to the Corps will be coordinated with the Federal -Emergency Management
Agency (FEMA) and the Natural Resources Conservation Service (NRCS) to prevent duplication of benefits.
If the Public Sponsor believes that its project may qualify for Rehabilitation Assistance, a written request must be
submitted to the Corps of Engineers at the address above. The request must be signed by an officer or responsible
official or,f the Public Sponsor, and must Include:
YName and telephone number of the Public Sponsor's point of contact;
Legal name of the flood control project;
JYD, ,ate and results of the last Inspection by the Corps of Engineers;
Location of the flood control project by township, section, range, city, and county;
- Location(s) of the damaged sectlon(s), and extent of the damage at each location; and
- Waterway causing the flood.
Upon receipt of the Public Sponsors request, the Corps of Engineers will schedule an inspection with the Public
Sponsor. If you have any questions, you may contact the Corps of Engineers Emergency Management and
Security Branch at 502-315-6912 or the Levee Safety Program at 800-272-3630 for assistance,
C!tee W. Rager A4
Chief, Emergency Management
5
)�I A�
2011 and Security Branch
'>� ,
