HomeMy WebLinkAboutCCMPacket2014-02-04CITY COivIMISSION MEETING
AGENDA FOR FEBRUARY 4, 2014
5:30 P. -NI.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE —Caroline Meiners, PTHS Freshman
ADDITIONS/DELETIONS
I.
N INUTES
II.
ORDINANCES — ADOPTION
A. Accept Donation of Independence Park to the City — N1 1.
THONIPSON
B. Amend Ordinance For Park Properties to Include Independence
Park — N1. THONIPSON
III.
ORDINANCES — INTRODUCTION
A. Contract for Exclusive Beverage Service in Paducah Parks
Facilities — M. THOTNIPSON
B. Purchase Hand-held Radios for Police Department —POLICE
CHIEF BAWNHILL
VI.
CITY MANAGER REPORT
V.
'NIAYOR & COy1NIISSTONER COMNfENTS
VI.
PUBLIC CONITNIENTS
VII.
EXECUTIVE SESSION
JANUARY 23. ?ell -I
At a Regular Meeting of the Board of Commissioners, held on Tuesday, January 28.
2014 at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South Sill
Street, Mayor Kaler presided, and upon call of the roll by the City Clerk, the following
answered to their names: Commissioners Abraham, Gault, Rhodes, Nilson and Mayor
Killer (i).
INVOCATION
Pastor Lynn Shurly, of the First Presbyterian Church. cave the invocation.
PLEDGE OF ALLEGIANCE
Palmer Stroup. Paducah Tilghman High School Sophomore, led the pledge.
PRESENTATIONS
MAYOR'S AWARD OF MERIT
Mayor Kaler presented an Award of Merit to Robert Blanchester for his years of serving
on the Paducah Plannine Commission and the Paducah area Transit Board. Mr.
Manchester was appointed to the PadLICah Area Transit Authority Board for the first time
in 1980. He served two terms on this board. Mr. Manchester w•as then appointed to the
Paducah Planning Commission on September 22. 1987 by Mayor Viterisi. hie aas
elected chairman on January 16, 1989. Mr. Manchester heard approximately 1,479 cases
before the Planning Commission during his tenure as chairman. Mr. Manchester has
faithfully kept his training up to date its a Planning Commissioner anti has guided the
Planning Commission through some difficult applications. His leadership on the
Planning Commission has been exemplary.
CHRISTMAS IN THE PARK
Andrea Underwood. Paducah Power System's Director of Community Relations 3
Marketing, gave an update on the Christmas in the Park event. This is the l 7't' year for
the event. ,Approximately 50.000 lbs. of canned goods were collected alone with
S37.500 in cash. Donations are given to Paducah Cooperative iMinistry, Family Services
Society and Salvation Army. Paducah Power has already begun planning for nest year's
event.
Mayor Killer thanked former Paducah Power employee Erich Vierk-ut for his hard work
and dedication for assembling the displays every year. She has asked h4r. Vierkam to be
the Grand Marshal for the City's Christmas parade in 2014.
RECOGNITION
PADUCAH TILGHMAN BALD OF BLUE
The Mayor recognized the band for being chosen to play al the Gator Bo%%I in
Jacksonville, Florida. While there they won numerous trophies including tete Grand
National Championship title. The Mayor also presented a Duke of?aducah to Paducah
Tilghman Bared of Blue Director Patrick Saddler for his leadership.
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
reading of the Minutes for the January 14. 2014. City Commission Inectine be wai\ed
and that the Minutes of Said meeting prepared by the City Clerk be approved as written.
Adopted on call of the roll. yeas. Commissioner -s Abraham, Gault, RhadeS. V ikon and
Mayor Kaler (i).
APPOINTMENTS
PADUCAH-'L%icCRACKEN COUNTY CONVENTiON CENTER CORPORA,r10\
Mayor Kaler made the following appointments: "WHEREAS. subject to the approval of
the Board of Commissioners, and jointly with the McCracken County Judge/Execati\e. I
hereby appoint the follow in,-:
Drew Hulette to replace Susan Ybarzabal
Lennis Thompsun to replace Jim Sigler
Alexandra Sherwood to replace Hal Sullivan
as members of the Paducah -McCracken County Convention CenterCorponuiorr. "fhc,e
terms will expire January 1. 2015."
Commissioner Gault offered motion, seconded by Commissioner Abraham. that the
Board of Commissioners approve the action of Mayor Kaler and jointl.v with the
JA.NLARY 2S. 2014
McCracken County Judge/Execu[i\,e in appointing Drew Hulette, Lennis Thompson and
Alexandra Sherwood as members of the Paducah -McCracken County Con\,ention Center
Corporation,
Adopted on call of the roll. yeas. Commissioners Abraham. Gault, Rhodes. Wilson and
Mayor Ka)er (5).
ELECTRIC PLANT BOARD
Mayor Kaler made the following appointment: •'W'HEREAS, [a -lone that the Board of
Commissioners appoint Roger Truitt to replace Randy War•math. whose term has expired.
as a member of the Electric Platt Board. This term will expire February 6, 3013."
Commissioner Rhodes offered motion. seconded by Commissioner Nilson, that the
Board of Commissioners approve the action of ivlayor Kaler in appointing Roger Truitt
as a member of the Electric Plant Board.
:adopted on call of the roll, yeas. Commissioners Abraham, Gaul;, Rhodes. Wilson and
Mayor Kaler (j).
MOTIONS
R & F DOCUNTENTS
Commissioner Wilson offered motion, seconded by Commissioner Rhodes. that [he
following documents be received and tiled:
DOCUMENTS
1. Insurance Certificates:
a. Danny Cope & Sons Excavating. LLC
b. Lonnie Wiavins Concrete
c. Lei_*h & ,associates
d. D & D Construction of Paducah
e. Jim Smith Contracting Company, LLC
2. Continuation Certificate of Fidelity or Surety Bonds/Policies for Jim Smith
Contracting Company. LLC
3. Notice of Cancellation for the Board of Commissioners of the Cite of Paducah.
Kentucky for January 21. 2014
4. Commissioner's Deed for 1006 South 11`h Street
Deeds:
a. 902 S. 3Lh Street — Siener Properties, LLC (MO # 17=13)
b. 1216 Salem Avenue — George Lee Payne (MO # 173)
5. Contracts & Agreements:
a. Police Department Agreement for Uniform Services with Bluegrass
Uniforms (ORD # 3013-12-7997)
b. One -Year Renewal agreement with. Danny Cope uid Sons Excavating.
LLC for 2012-2013 Equipment Rental (ORD it 2013-03-7910) v
6. KLCIS 2012-2013 Safety Grant award Notice (ORD !# 2413.03-4016)
7. Paducah -Area Community Reuse Organization Financial Statements and
Independent Auditor's Report for the Year Ended June 30, 2013
S. City of Paducah. Kentucky Comprehensive Annual Financial Report for the Year
Ended June 30, 3013
9. Paducah Water Works Financial Highlights for period ending November 30. 3013
.Adopted on call of the roll. yeas. Commissioners Abraham. Gaup. Rhodes, Wilson and
Mayor Kaler (5).
MUNICIPAL ORDER
PERSONNEL CRA\GES
Commissioner Abraham offered motion, seconded by Commissioner Gault. that upon the
recommendation of the City Manager, the Board of Commissioners of the Ciq of
Paducah order that the personnel changes on the attached list be approved.
MUNICIPAL ORDER BOOK)
Adopted on call of the roti, yeas. Commissioners ,Abraham. Gault. Rhode>. W ikon and
Mayor Kaler (5).
JANUAR1' 33. 2014
APPROVE APPLICATION FOR "HEADS CP DON'T BE IV'TEXT'ICATED"
GRANT PROGRAM
Commissioner Gault offered motion, seconded by Commissioner Abraham, that a
Municipal Order entitled. "A MUNICIPAL ORDER AUTHORI'ZIN'G THE MAYOR TO
EXECUTE AN APPLICATION AND ALL DOCUNIENTS NECESSARY FOR A
REIXIBURSE'IENT GRANT IN THE AMOUNT OF $21,000.CO THROUGH THE
KENTUCKY OFFICE OF HIGHWAY SAFETY FOR PRESENTATION OF THE
'-HEADS UP DON'T BE IN'TEXT'ICATED" PROGRA)v1 BY THE PADUCAH
POLICE DEPARTNIEN'T". be adopted.
:adopted on call of the roll. yeas. Commissioners Abraham, Gault, Rhodes, Wilson and
.Mayor Kaler (S). NIO# 1754: BK 9
ORDINANCES — INTRODUCTION
ACCEPT DONATION OF INDEPENDENCE PARK TO THE CITY
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board
of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING A
DONATION OF A PARCEL OF REAL PROPERTY KNOWN AS INDEPENDENCE PARK
LOCATED AT 114 FOREST CIRCLE, PADUCAH. McCRACKEN COUNTY. KENTUCKY
AND AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AVD ALL
DOCUMENTS RELATING TO SAME". This ordinance is sutrunarized as follows: The City of
Paducah hereby accepts a donation of a parcel of real property known as Independence Park
located at 1 14 Forest Circle. Paducah, McCracken County, Kentucky from independence
Bancshares, ire- This property is valued at 5225,000. Further, the Mayor is hereby authorized
to execute a Deed of Conveyance and all documents relating to same to transfer the real property
to the City of Paducah. V
AMEND ORDINANCE FOR PARK PROPERTIES TO INCLUDE
INDEPENDENCE PARK
Commissioner Wilson offered motion. seconded by Commissioner Rhodes, that the
Board of Commissioners introduce an ordinance entitled, "AN 0,4ZDINANCE
A.NIENDING CHAPTER 70, PARKS AND RECREATION, OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is
summarized as Follows: That Section 70-32. Public Parks. Playgrounds, and Recreational
Areas Available to the Public is amended to include Independence Park located at 114
Forest Circle, This ordinance also renames Henry Clay Park as Albert !ones Park and
renames the Greemvay Trail to the Clyde F. Boyles Greenway Trail.
CITY MANAGER REPORT
Mr. Pederson requested an executic e session to discuss collective barsuinin; and real
estate acquisition.
MAYOR & COi•DIISSIONER COMMENTS
None were eiven.
PUBLIC COMMENTS
None were given.
EXECUTIVE SESSION
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
Board eo into closed session for discussion of matters pertaining w the following topics:
Future sale or acquisition of a specific parcel(s) of real etitate. as permitted b%
KRS 61.8100)(b).
Collective bargaining with public employees. as permitted by KRS 61.810(I)(e).
,Adopted on call of the roil, yeas. Commissioners :Abraham, Gntlt. Rhode:. Wilson and
vIa}or Kaler (5).
Upon motion the meeting adjourned.
.ADOPTED: February 4, 3014
City Clerk
flavor
Agenda Action Form
Paducah Citi- Commission
VeetinQ Date: January 28, 2014
S hort TitI e: Donation of Independence Park to the City by Independence Bank
7Ordinance ❑ Emergency ❑'Municipal Order C Resolt1110!_1 ❑ `lotion
Staff Work By: Mark Thompson
Presentation By: Mark Thompson
Background Information:
Independence Bank desires to donate real property• valued at 5225.000 to the City of Paducah. The
property to be donated is located at 1 14 Forest Circle. Independenu Bank has had several meetiil"
with the public to receive input to the design and configuration of the proposed park. The bank has
improved the site to include a shelter.play area irrigation, fencing aid additional trees.
Goal: ❑Strong Economy Z Quality Services® Vital \eic7hbcr oods❑ Restored Downtowns
Fonds Available: Account'Name: N. A
ACCount Number: \ A Finatice
Staff Recommendation. Approval
Attacluments: Deed of Conveyance
1 !HT
Department Head City Clerk City >1'Iaila er
Agenda Action Form
Paducah City Commission
Meeting Date: January 28, 2014
Short Title: Amend City Code Sec. 70-32 to Include Independence Park
®Ordinance ❑ Emergency ❑ iViunicipal Order ❑ Resolution ❑ Motion
Staff `York By: ;Mark Thompson
Presentation By: Mark Thompson
Background Information:
Independence Bank is donating real property valued at S225,000 co the City of Paducah. The
property to be donated is located at 114 Forest Circle. The bank has improved the site to include a
shelter, play area, irrigation, fencing and additional trees. This anteednient to the City Code of
Ordnances will identify Independence Park as a City park and subject to all rules established by the
City and the Parks Services Director.
Additionally, this will provide a housekeeping measure by adjusting the name of Henry Clay Park to
Albert Jones Park and the Greenway Trail to Clyde F. Boyles Greenway Trail.
Goal: [:]Strong Economy ® Quality Services® Vital Neigl•borhoeds❑ Restored Downtowns
Funds Available: Account Mame: N/A
Account Number: N/A Finance
Staff Recommendation: Approval
Attachments: Existina Code of Ordinances 70-32
MI/T
Department Head
City ClerkA,.2ty)N�Iai�iager
Agenda Action Form
Paducah City Commission
Meeting Date: February 4, 2014
Short Title: Contract Cor Exclusive Beverage Service in Paducah Parks Facilities
❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Mark Thompson
Presentation By: Mark Thompson
Background Information:
For the past several years local soft drink representatives have communicated to staff that they would prefer to
work with the Parks Services on an exclusive contract. Both local vendors have expressed this rather than a
program by program request. Requests for proposal were publicly advertised beginning in November and
opened in December. At that time it was determined that Pepsi 1fidAmerica had provided the best proposal.
Since then a contract has been dra%tin up for the approval of the Commission.
(This has no bearing on events such as Barbeque on the River or Dragoaboat Races and does not include Brooks
Stadium. It does include Noble Park Youth Softball/Baseball) v
The synopsis of the seven-year, 553.66.26 proposal for exclusive beverage vending rights for City parks
programs and parks facilities only includes: y
Pepsi will:
• Par to the City a one-time payment of 532.566.26 for scoreboard and signage upgrade and installation
at athletic facilities.
• Pay to the City 53,000.00 annually for program sponsorship.
• Install dispensing equipment for all park facilities as needed for the life of the contract.
• Provide banners for various Parks Services Programs.
• Provide concession trailers for certain events.
Parks Services will:
• Allow only Pepsi&fidAmerica product machines in Park Services facilities.
• Purchase only products through PepsiivfidAmerica for the length of this contract.
Goal: [:]Strong Economy ® Quality Services❑ Vital Neighborhoods[] Restored Downtown,
Funds Available: Account Name: N/A
Account Number: N/A Finance
Staff Recommendation: Approval
Attachments: Pepsi LNliclAmerica Proposal. Coca-Cola Proposal &
Contract with Pepsi MidAmerica
MHT
Fit
Department Head
City Clerk
City __er
AGREEMENT
THIS AGREEMENT made and entered into this day of
and bevxcen PEPSf Ml1DAMIERICA CO.. a Missouri Corporation; hereinafter callsd
PADUCAH PARKS SERVICES (and any additional property owned and or acquired by
during the length of thts agreenhent):herem collectively referred to as Second Par!y.
\%IT\ESSFTH:
. 2014, by
First Part\•, and
the Park; Scrht.es
WHEREAS, the parties hat\ c agreed that ilnc First Party shall be tike esCILISI 'ebewrioe and stuck prouder for
Second Part\- and will pro,�iJe a one-tinle nlonetar� contribution ofThirt%-Tuo Thousand. Five Hundred and
Fifa•-Eidit Dollars and TweriL\ -Six Cents (5+2.553.26) in year one (I) of this Seven (') rear agreement (with
two 12 t -- lour (4) year renc%val options). in addition to an auuulal contribution of Three Thousand Dollars
i5 ".001)) fur sponsorship.
\O\\' THEREFORE, til consideration of the mutual promises and agreements herein contained, the parties
a,cree as follows:
Fust Party agrees to provide a one-time, Iplrom monetary conu-ibuuor: of Thim-Two Thousand. Five
Hundred anJ Fi ty-Eivht Dollars and Twenty -Six Cents (532.55S.26) to sir. Second Party for the
purchase of Scoreboards and Field Si -ins. {Quotes and Example fita2es :xomicd m the First Parh's
Proposal.)
First Party iiI•ther agrees to pro%ode an annual monetary comributton of Tlu-ec Thousand Dollars
(Sd.01)0) to Second Party for sponsorship support. for each of the seven (7) years of this Agreement
I-hii shall not exceed Twenty -One Thousand Dollars (521.000) in total.
Total inowmary contributions to Second Pana• ate not Io exceed WIN -Three Thousand. Ft�c Hundred
and Fifty -Eight Dollars and Twent%-Sig Cents (»3,553.26) over the life of this irven (-) year
Asreemellt. y
Please see Page 4 of this Agreement for additional Sponsorship nhfornmuon.
Second Party agrees to purchase, display and dispense only be%eraees pio%idcd dncetl% by First Part}.
throu•zhuut the Srcond Party's Property and an% additional property the Second Part\• acquires during
the lzn_;h of this Agreemem. Beverages shall mean all carbonated anti non carbonated nota-alcolloli:
beverages that include, but are not liithited to, carbonated soft drinks, mixers. tatiored and unlla%orcd
packaged waters. fruitjulces, IYtnljulc. containing 11avorcd drinks, fruit putiches and ales, isotonic
energy and IlutJ replacement drinks (sumeumes referred to as "sports .'rinds"). tea driufis. and all drink
or be%erage bases. whether in the form ofsyrups. po�sdcrs, crystals, concentrates or othemis.. from
%%hicli such Jrinks and be�erasses are made. Produt:IS shall mean all irmis of the First Part\ to include.
but are not limited to cups and CO2.
Tile First Party will Install and maintain ownership of all other dispensing equipment placed throughout
the Second Party's property, in all locations and events where refresltnieitti at-,- available Second Party
also.\pressl\ agrees to the followur�:
a. Reyhire all concessionaires to use First Party P.E-T- 20oz packageand or fountain products.
Second Part• will purchase all productS direct Irom First Parte. Pnctna will be Set at
S22.50 case on 20oz CSDs. S20 40. case on 20oz Gatorade prodscis and Local Courtesy Price
for igal Syrup Post -Mix in year one of this Agreenhent. All oilier productS to be purchaser) it
«holesale price 1,: els. All products subject to an annual tit e percznt 15),) prier increase.
b All vendors will be lull service to include a mix of 20 oz- carJOthated soft clinks (CSDi. 20 oz
isotonic and bottled a ater. read'-to-drinkjuicei. "sports drink;", la dank;, frim punehcs and
ales. Minimum %end price in Neat' orae \t ill be S 1.50 oil 20oz CSDs and SU5 on 12oz CSDs.
Both Parties «ill mutually agree upon all vendor_, machine locations and agr.. to standard
pricing leek as set by First Party
Except as nla} otherwise be required b% la,.\ or legal process, realier path hereto Shall disclose
to ant• third party the terms and conditions of this Agreement.
J. First Part% to retain first right of rctiisal on all inack and ooffe,- ending if a%arlable during the
hfetuuc of this Agreement No commissions to be paid on snack or zof lee %mchny,
In the as cut of deshult of this Agreement. the non -breaching party shall ci`e the other part\ %%raen
noldicatton of such default. Tile Para in Ja1-31111 %k Ill hale 60 dais att,rrcc.ipt of sand wriun notice to
remcd\ the det-atilt. If tate default IS not renh.died and it is determined that no reisonabie effort to
remedy the default has been made, the non -breaching party has the option to tennutate this Agreement
upon the expiration of such remedy period. The rights of termination referred to in this .agreement are
not Intended to be exclusive and are in addition to any other rights available to either party in law- or in
equity. if, because of dols. u -at', public emergency. tire, earthquake, AM of God, government
restrictions. labor disturbances or strikes, business Interruptions or any other prevention of the
perfonuance of this Agreement beyond the reasonable control of the parties hereto. performance under
this Agreement shall be suspended until such time as the reason for delay has ended.
Further .actions. Subject to the ternns and conditions of this Agreement, each of the parties a ill use their
best efforts to take or cause to be taken all action, and to do or cause to be done. all things necessary.
proper or ax isable to consummate the transactions contemplated by this ,a;reement and to execute such
further documentation as may be required.
Dispute Resolution. Any dispute or disagreement bem-een the parties arising out of or relating to this
agreement shall be settled by final and binding arbitration. in Paducah, ICY :Hider the riles then obtaining
of the American .arbitration Association. The parties hereto expressly stipulate that the arbitratorls) shall
have full subpoena power and full powers to Cashion appropriate remedies. including a ithout limitation
the power to grant equitable and -or injuncti%e and or declaratory relief. Judgment upon the award ma% be
entered in tmn court having Jurisdiction. The prevailing part) shall be ertided to an a%%aril for all costs.
expenses, and reasonable attorney's tees incurred in an) arbitration, litisaiioil, or other dispute arcing out
of or relating to this Agreemem.
Venue and Trial by Jury. bi the e%ent. tar any reason, the arbitration pro%isioni of this Agreement shall
not apply or court proceeding are necessary to enforce arbitration, then use parties hereby agree that
jurisdiction and venue for all litigation relating in any a ay to this agreement shall be proper only to the
Circuit Court of McCracken County. Kentucky and to ilne tuhiest exiem emitted by law, the parties waive
any objections or defenses they may have to the exercise of jurisdiction 9y, or to the venue being proper
in. the i'oregoing courts: the parties further uaiye any right to trial byjuryon any claim, counterclaim
setoff. demand. action or cause of action arising out of or in an)' W3V pertallntng 10 this agreement, or [lie
transactions contemplated by this agreement, whether now existing or hereafter arising, and whether
sounJiu� in contract, tort or others ise: the parties agree that any ol'thetn may file a copy or this
paragraph a ith any court as %%rmen et idence of the know Ing, voluntary and bargained -tor agreement
between them in-evocably to waive trial by jury, and that any dispute orcontrovers) whatsoever between
or among theta, and not subject to arbitration, shall instead bk tried in a court or competent jurisdiction by
a judge sitting «ithout ajur�.
�. Governing Law. This agreement shall be governed by and coustruedaccordin to taus ofihe State of
Kentuckv. y
Waiver and CunmtlmiN e Remedies. Neither party shall be deemed to ha%c waived any of tis rtghs
hereunder unless such a aiyer is in writing and signed by a duly authorized officer. No failure to
exercise and no delay or omission in exeresulg any right on the part of either party shall operate as a
u aiyer of such right. nor shall any single or partial exercise of any riglit hereunder preclude am other or
further exercise thereof. A u an er on any one occasion shall not be co istrtied its it bait to or wader of
any right on any other occasion. -kll rights and remedies of either party shall be cumulative and may be
exercised separately or concurrently. V
10. SeN erability. If any provision of ills Agreement or of any of the doe i:in?i:ts or instruments delitered
pursuant hereto. or any portion of any pro%ision hereofor thereof. sktall be dented tit%alid or
unenforceable pursuant to a final determination orally arbitration- court ofcontpetentjurisdiction or as a
result of future legislati\ c action, such determination or action shall beconsi ued so as not to affect the
alidity or enforceability hereofor thereof and shall not affect the %alriity or effect ol"any other portion
hereofor thereof.
1 I SuI-%iyal of Representations and Warranties and Obligations. All rehresenia ions. warranties. and
obligations contained in this Agreement, unless waived in writing, shall suryi\e the coniummation of
any and all transactions contemplated herein. No invesugation, audit or other examination that dray ha%e
been made or may be made at any ante by or on behalf of the parties shall limit. diminish, or impair or
in an) way affect the representations and aarramies set forth in this Atreemeni.
12. Notices. All notices and other comnntnications hereunder shall be in 4-ritln2 and shall be deemed to
hal e been given a hen delivered by hand. taxed, email or mailed by rgiitered or certified mail (return
receipt requested), postage prepaiJ, or for overnight delis erv, by a nationally recognized o\.nught mall
ser\ ice to the patties at the following addresses for at such other address fora party as shall be specified
b% Ink;, notice): V
If to First Part_ : PEPSf AUDANIERICA. CO
Attn: Harty L. Crisp II
Chainiian and CEO
P.O. Box 10"0
Marion. Illinois 62959
Fax: (613)993-3260
Entail: ecla�ton:ctpepsinlidanlerica.coill
Customer Service 300-527-7021)
If to Second Party: PADUCAH PARKS SERVICES
Atm: \Tari; H. Thompson
Director
1400 H.C. Mathis Drt\e
Paducah, KY 42001
Phone: (270) 5444-5696
Fax: (270) 444-8627
1111110111 son is T3 aducaIIkv.ao\
13 Captions. The :apnons ol'this .-\greement have been inserted only for the purpose of colivemence of
references. The captions are not a part of this agreement and shall not be deemed in any planner to
modify, explain, enlarge or restrict any provision of this .agreement.
1-4 .-assignment; Successors and assigns. \either party shall ha\e the right to assign or transfer ani 01 -its
rights and obligations under this .agreement \\ ithoul the prior \\rittell consent of the other party, Which
consent shall not be unreasonably \\ ithlleld. The terms of this Aueemet;t shall bind the parties and Choir
permitted successors and assigns.
I Execution by Facsimile. The parties may execute this agreement by facsimile iransiiiiued signature
and execution ofthis document may be proven by either party by compilation of original, photo static or
facsimile signatures of the parties and the document.
16 Drafting. Each ofthe parties has participated In die dratitno of [fits agreement and therefore the
language of this agreement shall not be prestimpti\ ely construed in fa%or ol'either party.
I - Successors and assigns Included in Parties. «fiene\ er hercin one of Ole parties hereto is named of
referred to, the hell's, trustees, e\ecutors, administrators, successors alld permitted assiims of such part\
Shill be Included and all coyeIlams and a�reenl-nts contained hercin by or oil behalf of ant" party shall
bled and lnUrC to (110 belle111 of their respCctiye heirs, tvuitees. e\0ciltors_ a.;milllStratOrS, Sl1CCessors and
permitted assigns. \\ IiLther so expressed ol- Ilot.
I Fntire Agreement. This agreement Shall constitute tilt entire agreement of ilie parties concemin, the
S111)jeCt Mattel' 1101-001'311d 110 other i-epl"eSentatlolls, agrCeillelllS Or midersiandings betweeIl the parlles
shall be of ally lorce or effect. This .agreement cannot be altered or Irlodlticcl e\cel)t in \\1-111112 signed
by all the parties.
In tho e\em that htloation arises as the result of any previous be\ erage supply agreements bet\\ eels the
Second Party and any previous beverage supplier bottler, Second Part} agrcos to defend, and bold
harmless. First Panv throughout the course of litigation anti or alternatsvc dispute resolution
procCCdlIlgs.
Second Party represents tend \varranls to the First Party that the execution, dellkery and performance of this
�v�recment by the Second Party %% III not \ lolate any agreements \\ ith, or rights o;; third parties.
IN WIT\ESS WHEREOF. the parties hereto have �\ccuted this A,men;cut as of the day and \ear
tlist aboy, written,
PEPSI IIIDAMERICA CO.
Marion, Illinois
Chairman
PADUCAH PARKS SERVICFS
Paducah, Kentucky
Director
Paducah Parks Services/ Pepsi MidAmerica Sponsorship Wormation
Soonsofship Cash
Sponsorship Product7ype&
ivent
a Us Datjes
� L L_ J
Approx. Served
Sponsorship Signage & Matelrial
Amount
Value
4 lillv,c :o I,ornote �`e --vert,
% m/Th �rs
Sg 'a;n
—I
i, �o --jr 'xcissiv f -.f vcv;es r,
nrlw :0 -
s
-a hr to r, ces
thi PUK
I C- - 3 ' 5
ir�rs . 5r )-rxt- :m vt�:
ur.2 - Doner
E,.!.-: --a ;ers P..c--J and ;-.k�d jo
-'or C)m � S; es "o "'id Parks
-nri.
Y%:1,
3fJ Saud -y ir, Jji-..-
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ORDINANCE NO. 2014 -2 -
AN ORDINANCE OF THE CITY OF PADUCAH. KENTUCKY.
APPROVING AN AGREEMENT WITH PEPSI NIIDAMERICA CO.. FOR
EXCLUSIVE BEVERAGE SERVICE IN PADUCAH PARKS FACILITIES AND
AUTHORIZING THE ivIAYOR TO EXECUTE SAID AGREEMENT
NOW THEREFORE. BE IT ORDAINED BY THE CITY COi,[%IISSION
OF THE CITY OF PADUCAH. KENTUCKY. AS FOLLOWS:
SECTION I. Recitals and Authorization.
The City hereby approves the Agreement with Pepsi .lid -America Co.. in
substantially the form attached hereto as Exhibit A and made 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 eaeCUtiOn and delivery of
the agreement is hereby authorized and approved. The ;Mayor of the City is hereby
authorized to execute said Agreement.
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 riot affect any of the remaining prokisions of this Ordinance.
SECTION 3. Compliance With Open Meetings I.avxs.
The City Commission hereby finds and determines that all tormal 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 committees. if
any. �%hich resulted in formal action. were in meetings open todte public, in full
compliance with applicable legal requirements.
SECTION -l. Conflicts.
All ordinances, resolutions, orders or parts thereof in conflict �.k ith the
provisions of this Ordinimce are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prey ail and be given effect.
SECT [ON 5. Effective Date.
This Ordinance shall be read on Lv�o separate days and will become
effectil,e upon summary publication pursuant to KRS Chapter,24.
k Lim
ATTES'f:
Tanumara S. Sanderson. City Clerk
Introduced by the Board of Commissioners, February 4. 2014
Adopted by the Board of Commissioners, February 18. 2014
Recorded by Tammara S. Sanderson. City Clerk. February 18. 2014
Published by The Poducah Sun.
\Ord\parks\agree-pepsi
Agenda Action Form
Paducah City Commission
'VleetirnE, Date: Feb. 4, 2014
Short Title: Approve Purchase of Motorola Radios
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolation ❑ Motion
Staff Work By: Assistant Chief Stacey Grimes
Presentation By: Chief Brandon Barnhill
Background Information: The Police Department is in the process of replacing
its portable radios, some of which are more than 20 years old. The city received
a Grant from the Kentucky Office of Homeland Security in the amount of
$32,000 to purchase new radios. The police department can purchase 13 radios
at a cost of $33,373.60 ($2,567.20 each) from Jackson Purchase 2-
WayAlotorola. This is state contract pricing.
Goal: ]Strong Economy ® Quality Services❑ Vital Neighbwhoods❑ Restored Downtowns
Funds Available: Account Name: Communications
Account Number: 001-1602-521-421341�Fia ce
Auld KOHS grant [ ® ig' 5
Staff Recommendation: Approve purchase of 13 radios
Attachments:
Brandon Barnhill
Signed Electronically
Department Head
City Clerk
City Manager
ORDINA-NCE NO, 2014 -2-
A -N 0PDINANCE APPR0%- LNG AIND AUTHOR12DIG THE PURCHASE OF
HAND-HELD RADIOS FOR THE PADL;CA-H POLICE DEPARAJENT, -k\M
AUTHORIZING THE tMAYOR TO EXECUTE A CONTRACT FOR 3X)IIE
WMREAS, this equipment is available under State a f Kentucky Master
A�yreertlent dumber MA763-13000009-15-3, and, therefore. competilvc bidding is not required.
BE IT ORDAC, ED BY THE CITY OF P,-\-D,UC -VH. KI TUCKY:
SECTION 1. That the City of Paducah hereby apprev,-sand authorizes the
Finmc,- Director to make payment to Motorola Solutions in an amount not to exceed 533.373.60.
for the purchase up to 13 Motorola XTS2500 S00 ,%IHz portable radics 3t S2,567.20 each, for the
Paducah Pohce Department, in compliance with the Kentucky StatePurcltasin; Contract.
SECTION 2. This expenditure will be charged to the Pel ice Department's
Equipment/Communications project account PO0070. Grant Fundsin t'te amount of 532,000
received from the Kentucky Office of Homeland Security will be UScd for the purchase with the
balance of S1,373.60 beim paid from the Police department's budget
SECTION 3. This ordinance shall be read on two sgarate days and will become
effective upotl summary publication pursuant to KRS Chapter =124.
Mdt pr
ATTEST
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners. February 4, 2014
,-adopted by the Board of Commissioners, February l3. 201.4
Recorded by Tarnmara S. Sanderson, City Cler' , February 13, 201 -1
Published by The Paducah Sun,
\ord`.poiice`portable radios -13 radios 2-2014