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Home My WebLink AboutCCMPacket2016-07-27CALLED CITY COMNUSSION MEETING AGENDA FOR JULY 27, 2016 9:00 �'.M- CITY HALL (TRAINING ROOM) 300 SOUTH FIFTH STREET ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE I. WORKSHOP A. Next Steps Workshop for the Citizens Survey II. MINUTES III. MOTION i A. R & F Called Meeting Notice i IV. MUNICIPAL ORDER A. Personnel Actions V. ORDINANCE - EMERGENCY A. Approve Agreement with McCM.�I(cn County for 91 l Dispatching Services — CITY NIGR VI. ORDINANCES — INTRODUCTION A. Approve Final Subdivision of Ridketvood Villas and Accepting Dedication of Right -of -Way — S. ERVIN B. Purchase 2016 Wheel Loader —R.MURPHY C. Purchase 2016 Backhoe Loader— % MURPHY D. Purchase 2016 Rubber Track Loader — R. MURPHY E. 2017 Ford 17550 Side Loader — It, MURPHY i I _ VII. EXECUTIVE SESSION CITY OF PADUCAH July 27, 2016 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. Cityager's Signature V �6iG Date CITY OF PADUCAH PERSONNEL ACTIONS CITY OF PADUCAH PERSONNEL ACTIONS July 27, 2016 PAYROLL ADJUST MENTSITRANSFERSIPROMOTIONS/TEMPORARY-ASSIGNMENTS E911 PREVIOUS POSITION CURRENT POSITION NCSICS FLSA EFFECTIVE DATE Shift Supervisor NCS AND BASE RATE OF PAY AND BASE RATE OF PAY $20.1911 -Ir $21.191Hr GENERAL GOVERNMENT TERMINATIONS - PART-TIME (PIT)JEMPORARYISEASONAL POSITION REASON Parish. Lindsay Administrative Assistant III Administrative Assistant 11 NCS Non -Ex August 4, 2016 Parks Maintenance - Laborer $15.121Hr $15.881Hr Hack, Katelyn Lifeguard Resignation PARKS SERVICES Lott, Tamera L Pool Attendant Termination July 18, 2016 Downs Lauren B Aspery Whitney M Recreation Leader Recreation Leader NCS Non -Ex July 13. 2016 June 1. 2016 $11.00,rHr $8.501Hr Seasonal Assignment Ended June 1, 2016 Blakemore Kaitlin A Recreation Leader Recreation Leader NCS Non -Ex July 13 2016 $11.00,{Hr $8.50/Hr Kaylor Zcey Lifeguard Head Lifeguard NCS Non -Ex July 13 2016 $8.25/Hr $8.501Hr Kinne, Kaitlyn E Recreation Leader Recreation Leader NCS Nan -Ex July 13. 2016 $11.001Hr S8.50/Hr Thompson, A4olly C Recreation Leader Recreation Leade, NCS Non -Ex July 13. 2016 $1 1 OO/Hr $8.50/Hr FIRE - SUPPRESSION Garrett Brandy L Firefighter Firefighter NCS Non -Ex July 26; 2016 $12.5611 -Ir $13.551Hr Smith Joseph E Firefighter Firefighter NCS Non -Ex July 26, 2016 $12.5611 -Ir $13 55/Hr Crane Tyler J Firefighter Firefighter NCS Non -Ex July 26. 2016 $12 56/Hr $13.55/Hr Dawes. Darrick R Firefighter Firefighter NCS Nan -Ex July 26. 2016 SI2.561Hr $13.55/Hr McI llanus.. Adam Firefighter Firefighter NCS Non -Ex July 26. 2016 $12 56/Hr 513.551Hr E911 Taylor. Serena Telecommunicator Shift Supervisor NCS Non -Ex July 21. 2016 $20.1911 -Ir $21.191Hr TERMINATIONS - PART-TIME (PIT)JEMPORARYISEASONAL POSITION REASON EFFECTIVE DATE PARKS SERVICES Edmonds, Brodrick K Parks Maintenance - Laborer Termination July 13. 2016 Hack, Katelyn Lifeguard Resignation July 15. 2016 Lott, Tamera L Pool Attendant Termination July 18, 2016 Downs Lauren B Pool Attendant Resignation July 15, 2016 (very Donald R Parks Maintenance - Laborer Seasonal Assignment Ended June 1. 2016 Every Oreese Parks Maintenance - Laborer Seasonal Assignment Ended June 1, 2016 TERMINATIONS - FULL-TIME [F1T) POSITION REASON EFFECTIVE DATE POLICE Tolliver. John R Naquin Kerry M Kimbler, Wes Burro✓✓. Ryan K PARKS SERVICES Skinner. Keith L POLICE Murphy Jordan T CITY OF PADUCAH PERSONNEL ACTIONS July 27, 2016 Police Detective Retirement Recruit Officer Resignation Police Captain Retirement Police Patrol Resignation NEW HIRES - PART-TIME (PIT)ITEMPORARYISEASONAL. POSITION RATE August 1, 2016 July 9, 2016 August 1-2016 July 15, 2016 NCS/CS FLSA EFFECTIVE DATE Parks Maintenance Laborer $9.00/Hr NCS Non -Ex August 4, 2016 NEW HIRE - FULL-TIME (FIT) POSITION RATE NCSICS FLSA EFFECTIVE DATE Police Officer Recruit $23.76/Hr' NCS Non -Ex August 4, 2016 "Hiring @ five year rate - previous sworn service GENERAL GOVERNMENT Smo!en. Michelle L Assstant to the City Manager 'Adjusted Effective Date July 20,2016' Agenda Action Form Paducah City Commission Meeting Date: July 27, 2016 Short Title: Approval of 911 Communications Agreement with McCracken County ®Ordinance ® Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson Presentation By: Jeff Pederson Background Information: A temporary 911 Communications Agreement between the City of Paducah and McCracken County will expire on July 31, 2016. Negotiations have been completed for an agreement whereby the City of Paducah will provide 911 communications s services to McCracken County for a period of eighteen (18) months for a fee of $481,826 for the 12 -month period beginnin, August 1, 2016. Service will be provided by the newly -formed Emergency Communications Department of the City of Paducah. The City of Paducah will be the reorganized Public Safety Answering Point for the emergency communications activity in Paducah and McCracken County. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Staff Recommendation: Approve the Agreement to provide Emergency Communication Services to McCracken County for a period of eighteen (18) months. Attachments: Agreement and Ordinance Department Head City Clerk /' Ci Manager ORDINANCE NO. 2016 -8 - AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING AN AGREEMENT WITH McCRACKEN COLNTY FISCAL COURT FOR DISPATCH SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Recitals and Authorization. The City of Paducah hereby approves a Communications Service Agreement with McCracken County Fiscal Court for 911 Dispatch Services which will begin on August 1, 2016. Further, the Mayor of the City is hereby authorized to execute the Agreement. SECTION 2. Term. The initial term of the Agreement shall be for a period of eighteen (18) months. Such term shall automatically renew at the end of the Initial Term and any subsequent terms thereafter for an additional eighteen (18) months unless either the City or McCracken County terminates the Agreement as specified in Paragraph 4 of the Agreement or otherwise places the other Party on notice of its intent to renegotiate the terms of this Agreement by providing written notification of such intent no later than six (6) months before the termination of the then applicable term, SECTION 3. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION =4. Comt)liance 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 Al deliberations of this Citv Commission and of its committees, if any, which resulted in formall action, were in meetings open to the public, in full compliance with applicable legal req»irements. SECTION 5. 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 6. Emergency. Pursuant to KRS 83A.060, the City Commission suspends the requirement of a second reading and publication of this Ordinance. As grounds therefore, the City Commission does hereby declare an emergency to exist due to the July 31, 2016, expiration date of the current agreement. SECTION 7. This Ordinance shall become effectiNe upon the first reading of this Ordinance. Mayor ATTEST Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, July 27, 2016 Adopted by the Board of Commissioners, August , 2016 Recorded by Tammara S. Sanderson, City Clerk, August 2016 Published by The Paducah Sun. \ord\9I 1\agree-dispatch services— McCracken County CITY OF PADUCAH 911 COMMUNICATIONS SERVICE AGREEMENT This Communications Service Agreement (hereinafter "AgrsXment") is made and entered into by and between the City of Paducah, Kentucky, a municipal corporation, (hereinafter "Paducah") and McCracken County- Fiscal Court (hereinafter "McCracken County" or "Parties" where Paducah and McCracken County are referred to collectively) pursuant to KRS 79.110 et. seq. RECITALS WHEREAS, Paducah's 911 Communications Department (hereinafter "Department") is in the process of becoming a certified Public Safety Answering Point (hereinafter "PSAP) and is set to begin operations on July 1, 2016, at which time it will provide 911 communications services to its citizens and visitors; WHEREAS, in doing so, Paducah will provide 911 communications services to citizens and visitors of other governmental agencies for a fee; WHEREAS, McCracken County wishes Paducah to provide 911 communications services to its citizens and visitors for a fee. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. SCOPE OF COMMUNICATIONS SERVICES. Paducah has been certified as a PSAP in Paducah, McCracken County. Operations of the Paducah 911 Communications Department will begin and/or has begun on July 1, 2016. The Department shalt perform communications services in accordance with the terms and conditions contained within the current Policies and Procedures Manual. 2. PRIORJTY OF COMMUNICATIONS SERVICES. Prioritv of communications services shall be allocated equally among all Users and according to the Department's Policies and Procedures Manual. 3. TERA/I. This Agreement shall become effective on the date the Agreement is fully executed. The Initial Term of this Agreement shall be for a period of eighteen (18) months. Such term shall automatically renew at the end of the Initial Term and any subsequent terms thereafter for an additional eighteen (18) months unless either Party terminates this Agreement as specified in Paragraph 4 herein or otherwise places the other Party on notice of its intent to renegotiate the terms of said Agreement by providing written notification of such intent no later than six (6) months before the termination of the then applicable ten -n, 4. TERMINATION. This Agreement may be terminated with or without cause upon six (6) months' written notice to the other Party. Either Party may notify the other Party of its intent to not renew this Agreement at the end of the then applicable term by providiag written notice to the other Party of its intent to not renew this Agreement no less than sixty (60) days prior to the expiration of the then applicable term. 1 197963 CITY OF PADUCAH — COMMUNICATIONS SERVICES AGREEMENT 5. COMMUNICATIONS SERVICE FEE. McCracken County shall pay a fee for communications services provided by Paducah. The projected amount McCracken County- will pay is $481,826.00 per fiscal year to be made in twelve (12) equal installments in the projected amount of $40,152.17, due on the first day of each month. The amount included in this provision was calculated using projected expenses and revenues. If it is determined that the amount paid by McCracken County was less than that actually owed, Paducah will send an invoice to McCracken County following the end of the applicable Fiscal Year for the difference. If it is determined that the amount paid by McCracken County was more than that actually owed, Paducah wilt issue a refund and/or credit to McCracken County following the end of the applicable Fiscal Year. 6. PAYMENT. Paducah shall send monthly invoices to McCracken County for the Communications Service Fee. McCracken County shall pay the monthly invoiccs'within thirty (30) days of the date of the invoice. After sixty (60) days of non-payment, this Agreement shall be subject to Termination by the City as more particularly described in Paragraph 4. 7. INFRASTRUCTURE REPLACEMENT. Paducah will purchase the infrastructure upgrade for all systems and pay all implementation costs related to the infrastructure upgrade to enable the Paducah staff to provide efficient and expedient communications services to all Users/Parties. Prior to said replacement, Paducah will continue to use the existing infrastructure owned and maintained by Paducah -McCracken County 911. Upon disposal of the current, jointly -owned infrastructure equipment, all revenue received, if any, as a result of said disposal, will be disbursed in accordance with the current Interlocal Cooperation Agreement set to expire on June 30, 2016. McCracken County will be responsible for ensuring that its field software and hardware devices are compatible with Paducah's software and hardware. S. DEPART NIENT/PADUCAH STAFF. The staff of the Department will be employees of Paducah, subject to Paducah's and the Department's policies and procedures, and will be supervised by the 91.1 Communications Services Director, who will report directly to the City ltanagcr. If deemed necessary. Paducah will hire additional staff to ensure all calls for service generated as a result of this Agreement are handled efficiently and expediently. NCN\, hires will be employees of Paducah and subject to Paducah's and the Department's Policies and Procedures. Any issues concerning a Paducah employee shall be addressed with the Director and/or City Manager. 9. LIAISONS OF THE PARTIES. The City Manager and the 911 Communications Services Director are the authorized representatives for purposes of administration of this Agreement on behalf of Paducah. The Judge Executive will serve as McCracken County's Liaison. 10. 911 CONIMUN[CATIONS SERVICES USER GROUP. (a) A 911 Communications Services User Group (hereinafter "1_iser Group'') will be created which consists of Paducah's Chief of Police, Paducah's Fire Chief, the 911 Communications Services Director, McCracken County's Sheriff, and McCracken County's Emergency Management Services Director, or their respective designees. The User Group shall meet quarterly or more often as necessary. The User Group members shall meet to discuss strategic issues and matters of mutual interest and concern and shall report to the City Manager those recommendations which the User Group deems of significant import. The Parties expressly acknowledge and agree that Paducah is not required to implement said recorn_mendations and that a failure to do 2 CITY OF PADUCAH 4 COMMUNICATIONS SERVICES AGREEMENT so will not be a material breach of this Agreement. McCracken County hereby agrees and acknowledges that additional members may be added to the User Group at the discretion of Paducah. (b) Prior to implementing a change in policy which will directly impact McCracken County, Paducah agrees to notify, McCracken County of the proposed change at least fourteen (14) days before implementation, Before the expiration of the fourteen (14) day notice, McCracken County may request a Special Called Meeting of the User Group to discuss the proposed change in policy. If a majority of the members of the User Group object to the proposed change in policy, the User Group shall notify the City Manager of said objection in writing, and the reasons therefor. The City Manager will give due consideration to the objections of the User Group in determining whether the change is necessary and/or whether an alternative change would be more appropriate. It. ADDITIONAL AGENCIES. All Parties acknowledge and agree that Paducah may provide communications services to other agencies without the consent of ylcCracken County. 12. NONDISCRIIIINATION. The Parties shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. The Parties shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, sex, or age. 13. CO.VIPLIANCE WITH LAW. The Parties shall comply with all applicable legal requirements including all federal, state, and local laws, ordinances and resolutions, whether or not said laws are expressly stated in this Agreement. 14. INSURANCE. Paducah and McCracken County shall trnintain general and auto liability insurance including bodily injury and property damage, with a single combined liability limit of not less than 53.000.000 for claims arising out of and in connection �N ith the provision of soil ice by Paducah under this Agreement. Paducah shall be named as an additional insured and the policy shall contain cross liability endorsements. An endorsement sit -all be provided which states that ,McCracken Countv's insurance is the primary insurance and that no other insurance affected by Paducah will be called upon to contribute to a loss under this coverage. McCracken County shall furnish Paducah with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by Paducah. 15. CONFIDENTIAL. INFORAIATION. (a) The term "Confidential Information" shall mean any and all information which is disclosed by either Party ("Owner") to the other ("Recipient'") verball -t, electronically, visually, or in a written or other tangible form which is either identified or should be reasonably understood to be confidential or proprietary. Confidential Information includes, but is not limited to, trade secrets, computer programs, software, documentation, formulas, data, inventions, techniques, marketing plans, strategies, forecasts, customer lists, employee information, Financial information, confidential information concerning Owner's business, as Owner has cot7ducted it or as it may conduct itself in the future, confidential information concerning any of Owner's past, current, or possible Future 3 CITY OF PADUCAH — COMMUNICATIONS SERVICES AGREEMENT products or manufacturing or operational methods, including information about Owner's research, development, engineering, purchasing, manufacturing, accounting, marketing, selling or leasing, and any software (including third party software) provided by Owner. Owner's Confidential Information shall be treated as strictly confidential by Recipient and shall not be disclosed by Recipient except to those third parties with a need to knaw and that are operating under a confidentiality agreement with non -disclosure provisions no less restrictive than those set forth herein. This Agreement imposes no obligation upon the Parties with respect to Confidential Information which either parry can establish by legally sufficicat evidence: (a) was in the possession of, or was rightfully known by the Recipient without an obli ,ation to maintain its confidentiality prior to receipt from Owner; (b) is or becomes generally known to the public without violation of this Agreement; (c) is obtained by Recipient in good faith firm a third party having the right to disclose it without an obligation to confidentiality; (d) is in.iependently developed by Recipient without the participation of individuals who have had access to the Confidential Information or (e) is required to be disclosed by court order or applicable law, provided prior notice is given to the Owner. The Recipient shall not obtain, by virtue of this Agnonent, any rights, title, or interest in any Confidential Information of the Owner. Within fifteen (I5) days after termination of this Agreement, each party shall certify in writing to Owner that all copies of Owner's Confidential Information in any form, including partial copies, have been destroyed or returned to Owner. (b) The Parties acknowledge that governmental agencies are rec;uired to release certain information pursuant to requests made under the provisions of the Kenlu ky Open Records Act and/or the Freedom of Information Act and further acknowledge and agree that a response in compliance therewith is not a breach of this Agreement. (c) Each Recipient shall protect all Confidential information received pursuant to or as a result of this Agreement with at least the same degree of care and i.onfidentiality, but not less than a reasonable standard of care, with which Recipient utilizes for its own Confidential Information. (d) The terns of this Paragraph shall survive termination of this Agreement, 16. 1NDENINIFICATION. Each party shall indemnify, hold liarmless, and defend the other party (including its elected officials, officers, agents and employees) fs•om and against any and all claims (including all litigation, demands, damages, liabilities, costs, expenses, and attorney's fees) resulting or arising from that party's performance, or failure to perform. under this Agreement, Notwithstanding this provision, each party shall be responsible for the negligent acts and/or willful misconduct of their authorized agents. Nothing contained herein. shall operate to modify Kentucky statutory or common law as it relates to each Party's respective liability for their own acts and/or actions of their agents, 17. FORCE NIAJEUPE. If by reason of force majeure Paducah is unable in whole or in part to perform the services under this Agreement, Paducah shall not be considered in breach during the continuance of such inability. The term 'Ybrce nmjew-e" as used herein shall mean the following: acts of God; strikes, lockouts or other industrial disturbances, acts of public enemies; orders or restraints of any kind of the government of the United States or of the State or any of their departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Paducah. 51 CITY OF PADUCAH -- COMMUNICATIONS SERVICES AGREEMENT 18. RELATIONSHIP OF THE PARTIES. 1t is expressly understood that no agency, employee, partnership, joint venture or other relations is established by this Agreement. Nothing contained in this Agreement is intended to, nor shall it be construed in any way, to be a joint powers agreement of any kind. 19. CONTINUOUS SERVICE DELIVERY. The Parties agree that there is a public health and safety obligation to ensure uninterrupted and continuous service delivery to Paducah and McCracken County citizens and visitors. In the event of a maicrial breach, Paducah will continue to provide services under this Agreement during any dispute resolution process and McCracken County will continue to make payment of any fees owed during said process. Additionally, in the event the Agreement is terminated for any reason, the Parties agree to cooperate in transitioning McCracken County to a new service provider for a reasonable period of time. McCracken County will continue to be responsible for its fees, as set forth herein, during said transition period. 20. NO EXPRESS OR IMPLIED WARRANTY. Paducah provides the hardware, software, and ancillary systems without any warranty or condition, expressed or implied. Paducah specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non - infringement. McCracken County acknowledges that the systems may not operate continuously without interruption. Paducah makes no representations, v�rranties, or guarantees regarding uptime for the systems. Paducah agrees to pursue remedies through the vendor for the systems to all software problems arising from software provided by the vendor. Remedies for problems arising that are caused by circumstances outside of the vendor's contro I (network connection issues, user errors, hardware failures, etc.) shall be pursued by Paducah until a resolution is achieved, Paducah shall not be liable to McCracken County for a hardware, software, or ancillary system failure for any direct, indirect, special, incidental, punitive, or consequential damages and losses incurred as a result thereof. 21. NOTICES. All notices required or contemplated by this Agreement sliall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of. (a) actual receipt by a party's authorized Representative, or (b) actual receipt at the address designated below, or (c) three (3) working days following deposit in the United States Mail of registered or certitied mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party. TO: City of Paducah Attn: Mayor Gayle Kaler City Hall 300 South 5`" Street Paducah, Ky 42003 To: McCracken County fiscal Court Attn: Judge Bob Leeper 22. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement, I CITY OF PADUCAH — COMMUNICATIONS SERVICES AGREEMENT 23. SEVERABILITY. If any provision of this Agreement (including any phrase, section, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that provision, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the Parties' intent under this Agreement, 24. GOVERNING LAW, JURISDIC'T'ION, AND VENUE. This Agreement shall be governed in accordance with the laws of the Commonwealth of Kentucky, Should any dispute arise between the Parties, the Parties shall submit the dispute for administered mediation. The situs of the mediation shall be in Paducah, Kentucky, and shall be mediated by an experienced local mediator selected by the Parties and paid for jointly and equally by the Parties. In the event the Parties are unable to resolve the dispute through mediation, any unresolved dispute shall be brought exclusively in a state court located in McCracken County; Kentucky. By execution of the Agreement, each of the Parties consent to the exclusive jurisdiction of such courts, and waive their right to challenge jurisdiction or venue in such courts. Each Party also waives their right to trial by jury. In the event a dispute must be resolved through litigation, the prevailing party shall be entitled to recover the costs and expenses of the dispute roan the other party, including its reasonable attorney fees. By entering into this Agreement, NlcCracken County explicitly waives any argument it may have that it is protected by sovereign immunity as it relates to actions by Paducah to enforce this Agreement and/or seek damages for a breach of contract. 25. ASSIGNMENT AND DELEGATION. This Agreement, aecl any portion thereof, shall not be assigned or transferred, nor shall any of the Parties' duties he delegated, without the written consent of the other Party, Any attempt to assign or delegateth.is Agreement without the written consent of the other Party shall be void and of no force or effect. Consent by a Party to one assignment shall not be deemed to be consent to any subsequent assignment. 26. SUCCESSORS. This Agreement shall bind and inure to the benefit of all successors and assigns of the Parties and any associates in interest, and their respective directors, officers. agents. servants, and employees. and the successors and assigns of each of them. separately and col lectivel } . 27. MODIFICATIONS. This Agreement may not be modified oral iy or in any manner other than by an agreement in writing signed by both Parties. 28. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any starer provision of this Agreement. Each Party shall have the right at all times to enforce the pru{isions of this Agreement in strict accordance with the terms hereof, notwithstanding any prior conduct or custom. The failure of a Party to enforce its rights under this Agreement shall not be construed as having created a custom which is contrary to specific provisions of this Agreement, or as having in any way or manner modified or waived such provisions. All rights and remedies of the Parties shall be cumulative, and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy. 29. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. This Agreement may not be on CITY OF PADUCAH — COMMUNICATIONS SERVICES AGREEMENT amended except in writing signed by a duly authorized representative of each Party. 30. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective entities. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. IN WITNESS `'HEREOF, Paducah and 'McCracken County do hereby agree to the full performance of the terms set forth herein. CITY OF PADUCAH By: Gayle Kater Title: Mayor Date: APPROVED AS TO FOR -NI: By: _ Title: Legal Counsel rI McCracken County Fiscal. Court By: Bob Leeper Title: Judge Executive Date: APPROVED AS TO FORM: B y : - --- — Title: Legal Counsol Agenda Action Form Paducah City Commission Meeting Date: July 26, 2016 Short Title: Ridgewood Villas Final Subdivision and Villa Ridg4 Drive ROW acceptance Ordinance ® Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin, Joshua P, Sommer Presentation By: Stephen Ervin Background Information: On July 18, 2016; the Paducah Planning Commission approved a Final Subdivision Plat for Phase I of the Ridgewood Villas subdivision. The intent of this plat is to establish a property line to divide Phase I from Phase I1, establish easements, establish setback lines, accept the Villa Ridge Right -of -Way and establish a condominium regime for the quad-plexes & duplexes. The City of Paducah Engineering Department has received and arproved an irrevocable letter of credit in the amount of $250,000.00 Funds Available: L8•i Attachments: Account Name: N/A Account Number: N;"A Planning Commission Resolution Irrevocable Letter of Credit Ridgewood Villas Final Subdivision Plat L_ Finance ORDINANCE NO. 2016 -8 - AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED FINAL SUBDIVISION FOR RIDGEWOOD VILLAS CONDOMINIUMS — PHASE l; ACCEPTING THE DEDICATION OF RIGHT OF WAY OF VILLA RIDGE DRIVE: ACCEPTING PUBLIC UTILITY EASEMENTS; AND AUTHORIZING THE MAYOR TO SUBSCRIBE A CERTIFICATE OF APPROVAL ON THE PIAT WHEREAS, the Paducah Planning Commission held a public hearing on March 2, 2015, and adopted a preliminary subdivision plan for RidgeGvood Villas — Phase 1 located at Lakewood Drive and Bleich Road; and WHEREAS, by Resolution dated July 18, 2016, rhe' Paducah Planning Commission recommends to the Board of Commissioners the adoption of an ordinance approving the final plat of subdivision of property of Higdon Development, Inc., and accepting the dedication of right of way of Villa Ridge Drive; and WHEREAS, the City Engineer has recommended an In -evocable Standby Letter of Credit in the amount of $250,000.00, for completion of public roadways, storm drainage systems, and other designated public improvements. in accordance with tllz proposed subdivision plan and the City's specifications. BE IT ORDAINED BY THE CITY OF PADUCXH, KENTUCKY: SECTION 1. That a resolution adopted by the Paducah Planning Commission on July 18, 2016, entitled, "A RESOLUTION CONSTITUTING TI fi FINAL REPORT OF THE PADUCAH PLANNING CO\/IivIISSION ON THE PROPOSED FINAL SUBDIVISION FOR PROPERTY LOCATED AT 453 & 455 BLEICH ROAD AND2321, 2323, 2401, 2403, 241 1, 2413, 2421, & 2423 LAKEWOOD DRIVE AND 252, 254, 301, 303,305 & 307 RIDGEWOOD STREET AND 405-408, 416-419, 426, 428, 431-434, & 445-448 VILLA RIDGE DRIVE", be approved as the final report of said Commission respecting the natters set forth therein. SECTION 2. That the subdivision of said property shall be, and it is hereby, approved as shown on the plat referred to in said subdivision, �,\hich plat is entitled, "Ridgewood Villas Condominiums — Phase 1", and said property is hereby declared to be subdivided as shown on said plat. SECTION 3. That the City hereby accepts an [mvocable Standby Letter of Credit 4 7983 in the amount of $250,000.00, for completion of public roadways, storm drainage systems, and other designated public improvements in accordance with the proposed subdivision plan and the City's specifications. SECTION 4. That the dedication of the public right-of-way and public utility easements shown on said plat shall be, and they are hereby, accepted and shall be maintained by the City of Paducah, but such acceptance shall not constitute an undertaking on the part of this Board or the City of Paducah, Kentucky, for the construction or i rliprovements of said right-of- way. The Mayor is hereby authorized to subscribe a certificate J' approval on the plat. SECTION 5. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph or provision hereof, it being die purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 6. This ordinance shall have two separate readings and will become effective upon summary publication pursuant to KRS Chapter 4=4. Mayor ATTEST: Tamrnara S. Sanderson, City Clerk Introduced by the Board of Commissioners, July 27, 2016 Adopted by the Board of Commissioners, August , 2016 Recorded by Tammara S. Sanderson, City Clerk, August _, 2016 Published by The Paducah Sun, lordlplanlsubd-Ridgewood Villas —Phase 1 MfNBFR 1010 PAD H BANK Post Office Box 2600 a Paducah, Kentucky 42002-2600 270,575.5700 + 270.575.5789 Fax 6 www.paducahbarik.com July 21, 2016 RECEIVED IRREVOCABLE LETTER OF CREDIT NO. 7983 JbL 2 @ 1016 City of Paducah ENGINEERING Engineering Department DEPARTMENT City Hall Paducah KY 42001 Dear Sir or Madam: We hereby establish our Irrevocable better of Credit No. 7983 in your favor for the account of Higdon Development, Inc., dated July 21, 2016, available by your drafts(s) on us at sight, tip to the aggregate amount of Two Hundred Fifty Thousand Dollars and No/100 (S250,000.00). Drafts are not to be presented for collection unless construction of the streets, roads, curbs, graters and right-of-way in the development known as Ridgewood Villas does not meet the minimum standards required by the City of Paducah Engineering Department, Each draft so drawn under this credit must be marked, "Drawn under The Paducah Bank and Trust Company, 555 Jefferson Street, Paducah, Kentucky, Credit No. 7483, dated July 21, 2016," and be accompanied by a signed statement from an authorized representative of the City of Paducah Engineering Department that Higdon Development, Inc. is in default of the road and infrastructure bond agreement with the City of Paducah Engineering Department and the amount drawn represents the balance required to properly construct the, streets, roads, curbs, gutters and right of way in the development k-nown as Ridgewood Villas. This credit sees forth in hill the terms ot`our obligations to you, and such undertaking shall not in any %gay be modified or amplified by an agreement in which this credit is referred to or to which this credit relates, and any such reference shall not be deemed to incorporate herein by reference any agreement. This Letter of Credit is subject, so far as applicable, to "The Uniform Customs and Practice for Documentary Credits, 1993 Revision, The International Chamber of Commerce Publication No. 500." We hereby agree with you that all drafts dra��n under and in compliance with the terms of this credit %ill be duly honored if drawn and presented for payment to our main office, The Paducah Bank and Trust Company, 555 Jefferson Street, Paducah, Kentucky. This Letter of Credit expires July 21, 2017. Sincerely, Alan Sande Senior Vice President Agenda Action Form Paducah City Commission Meeting Date: July 26, 2016 Short Title: purchase of One (1 ) 2016 Wheeled Loader to be used by the Solid Waste Depatlment ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Randy Crouch, EPW Maintenance Supt. Kathy Wyatt, EPW Admin Asst. III Dena Alexander, EPW Admin Asst. III Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: In accordance with the adopted Fleet Plan Budget, a new Wheeled Loader was authorized to be purchased for use in the EP W Solid Waste Division. The authorized Kentucky State Contract vendor for a John Deere 544K Wheeled Loader is ERB Equipment Co., Inc., located in Paducah, KY, who quoted a price of $155,492.00 for this wheeled loader. The Kentucky Master Agreement number is MA #758 1300000671. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name:Rolling Stock/Vehicles - Heavy ____� rinance Account Number: 050-2211-531-4007 Staff Recommendation: To authorize the purchase of a new John Deere 544K Wheeled Loader for use by the EPW Solid Waste Division from ERB Equipment Co., Inc., for a quoted price of $155,492.00. Attachments: Quote and Ky Master Agreement Information Depart ent He City Clerk City Manager ORDINANCE NO. 2016 -8 - AN ORDINANCE AUTHORIZING THE PURCHASE OF ONE (1) 2016 JOHN DEERE 544K WHEELED LOADER FOR USE BY THE ENGNEERNG-PUBL[C WORKS DEPARTMENT/SOLID WASTE DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME WHEREAS, this equipment is available under State Contract No. MA #7581300000671, and competitive bidding is not required. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Finance Director to pay the total sum of $155,492.00 to ERB Equipment Co., Inc., for the purchase of one (1) 2016 John Deere 544K Wheeled Loader for use by the Engineering -Public Works Department/Solid Waste Division, in compliance with Kentucky State Purchasing Contract. SECTION 2. The Mayor is hereby authorized to execute a contract with ERB Equipment Co., Inc., for the purchase of one (1) 2016 John Deere 544K Wheeled Loader, authorized in Section 1 above. SECTION 3. This expenditure shall be charged to Rolling Stock/Vehicles- Heavy, account number 050-2211-531-4007. SECTION 4. This ordinance shall be read ori tkAo separate days and will become effective upon summary publication pursuant to KRS Chapter 421. Nlavor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, July 27, 2016 Adopted by the Board of Commissioners, August . 20! 6 Recorded by Tammara S. Sanderson, City Clerk, August , 2016 Published by The Paducah Sun, ,ord`pworks'wheeled loader 2016 state contract EQUIPMENT COMPANY July 8, 2016 Mr. Randy Crouch City Of Paducah Dear Randy: We are pleased to quote the following for your consideration: (1) John Deere 544K Loader, new 2016 model, Factory Order. The following factory and dealer options are included: * John Deere PowerTech PVS 6.8L meets EPA FT4 and EU Stage IV Emissions * Reversing Fan Drive, * Air Intake System with Centrifugal Precleaner Engine, * 24 Volt to 12 Volt - 30 Amp Converter * 5 -Speed Transmission with Lock-up Torque Converter, * Front Hydraulically Locking Differential and Rear ConvenLional Differential Axles * Bridgestone VMT, * Full Front and Rear Fenders * POWERLLEL ordered w/ Front Attachments, * 3 Function -- Joystick with FNR and 3rd Function Auxiliary Control Lever, * ROPS Quiet Cab with Air Conditioning, * Cab with Air A/C Charge, * Standard Fabric, Back Rest Extension, Air Suspension Seat, * Greased Steering Cylinder Joints, * Ride Control, * Halogen Work and Drive Lights, * Rear Cast Bumper/Counterweight with Rear Hitch and Locking Pin, * JDLink Ultimate Cellular for the Americas, excluding Cosla Rica- 5 Years, * Powerllel Hydraulic Attachment Coupler, * Environmental Drains and Sampling Ports, * Axle Coolers and Filtration System, * AM/FM/Weather Band (WB) Radio with Remote AUX Port, * Single Beacon Bracket, * 5.0 lbs. multi purpose (ABC) Dry Chemical Fire Extinguisher, * Transmission Side Frame Guards, * Bottom Guards, * 2.5 yd General Purpose JRB Bucket w/ BOCE * 5.5 yd Light Material JRB Bucket * Warranty: Full Factory Warranty Good 12 Months From Purchase Order Date, Extended Powertrain & Hydraulic Warranty Good An Additional 48 Months or 5,000 Hours. Cash Sale Price: $155,492 * Delivery To Take Place Approximately 90 Days From Purchase Order Date. * Delivery Freight Included In Sales Price. — www.erbequipment.com www.erbrents.com — www.erbused.com — ST. Lours, MO FORISTELL, MO MT.VERNON, IL Cmt GIRARDEAU, MO PAnucm, " CUBA, MO OWENsaow, KY Evrwsvia, IN 200 Eee INoum+.t Oa 21000 VrL" ME,,,uR � Pe'.v 11322 SuTE R7 148 1421 5ouTH WEsr En:o 8LYD 6115 U.S. NwN. 45 :835 (gyp Ro,,r 66 2133 Kcrwnr 60 b5T 9800 STAE RT. 57 1 r—'11 Un AIAIA G..i,� nen A`IR. 7 AA• \1�. II A -MAI /'.z ��,�M.., eu-, A-}7n'i 0.,,�v.� I!V R'%nn'] nen RS ISS ll.. z..�...,... K+/eYln'1 F,,...�.,., II.I 477'15 We believe the equipment as quoted will exceed your expectations. On behalf of ERB Equipment Co., Inc., thank you for the opportunity to quote John Deere machinery. Sincerely, Jacob Wolf Sales Representative 'This proposal is good for 30 days' UNORtOL YCOF S�PIJWT- Commonwealth of Kentucky MASTER AGREEMENT MODIFICATION P Show Doe 11) number on all packagesy Invoices and correspondence. Doe Description: JOHN DEERE, KYTC ROADWAY CONSTRUCTION EQUIPMENT Doc 0 No: MA 758 1300000671 9 Proc Folder- 2713547 Procurement Type: Standard Goods Record Date: Effective Date: 0111312013 . 01/1212017 'Expiratlon Date:. Issued By: GARRETT DUFF 'FAP111-3-5-00-G �elephone-. -Cited-Authorlty: Reason For Modification: Renew contract for one year with all parties in agreement in accordance with the terms and conditions. V. HOLT EQUIPMENT CO LLC 7ENortrax 13090 AIKEN RD LOUISVILLE KY 40223 US CROUSHORN EQUIPMENT CO :V V P. O. BOX 796 ., HARLAN KY 40831 US ERB EQUIPMENT COMPANY ;N.; 6115 HVVY 45 PADU AH KY 42001 US ERB EQUIPMENT COMPANY 315 WORTHINGTON RD D OWENSBORO KY 42303 US LESLIE EQUIPMENT COMPANY -N- P.O. BOX 3640 D`. PIKEVILLE KY 41502 R' - us 00500 AGREE4MFWT Page 1 of I CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT TO PURCHASE ONE (I) WHEELED LOADER THIS AGREEMENT, made this day of , 20 _ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and ERB Equipment Co. hereinafter called the VENDOR, for the consideration hereinafter named, agrees as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide One John Deere 544K Wheeled Loader to be used by the Engineering -Public Works Department, Solid Waste Collection System in full compliance with the Bid Proposal Dated July 8, 2016 and with this Agreement, the Specifications and any Addendum(s) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Vendor hereby agrees to commence work under this Contract and to fully complete the delivery of the aforementioned Vehicle(s) within 90 consecutive calendar clays thereafter from the date of this Agreement. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Vendor the following, subject to additions and deductions provided therein: One Hundred Fifty -Five Thousand Four Hundred Ninety-Twro Dollars {$155,492.00) as quoted in the aforementioned Vendor's Bid Proposal and as approved ny the Board of Commissioners on by Ordinance # ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery in accordance with the Contract Documents and the Specifications. The Payment shall constitute full compensation for the work and services authorized herein. ARTICLE 5. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreem&il. shall exclusively be in McCracken County, Kentucky. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agrearnent, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY _ TITLE Gayle Ka�ef, Mayor ADDRESS: ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-2267 Agenda Action Form Paducah Cite Commission NI-eeting Date: Jule 26. 2016 Short Title: Purchase of One (1) 2016 Backhoe Loader to be used by the Street Department ❑❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff lVor-k Bv: Randy Crouch, EPIN Maintena:ice Supl- Katli Wyatt, EP1y' Admin Asst. III Dena Alexander, EPW Admin Asst. ill Presentation By: Rick Murphy, P.E.. City Engineer--PiNic Works Director Background Information: In accordance w-ith the adopted Fleet Plan Budget, a new Bac"we Loader was authorized to be purchased for use in the EPW Street Dig,ision. The authorized Kentucky State Contract vendor for a Case 590S\ Backhoe Loader is NlcKeel Equipment Co., Inc., located in Paducah, KY, Who c]troted a price of S1 12,988.60 for this bacUwc loader. The Kentucky Master Agreement number is NJA 975813000010673. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighbmhoods []Restored Downtonns Funds Available: Account Name: Rolling Stocic,Nchicles 90? Fleet Lease Trust Fund Account Number: 071-0210-542-4005 Staff Recommendation: To authorize the purchase of a new Case 590SN Backhoe LoMt!:r for use by the MW Street Division from McKeel Equipment Co., Inc., for a quoted price of S1 12,988.60, Attachments: Quote and Ky Master Agreement Information L,xcav)A CAX71i-oo)�b„} tnJIll ,Jed t. place PIIr eVIQN1tm� Wi�� Gcp IfG�. ORDINTANCE NO. 2016 -8 - AN ORDINANCE AUTHORIZING THE PURCHASE OF A 2016 CASE 590SN BACKHOE LOADER FOR USE BY THE ENGINEERING -PUBLIC 'WORKS DEPARTMENT/STREET DIVISION, AND AUTHORIZfNCY THE MAYOR TO EXECUTE A CONTRACT FOR SAME WHEREAS, this equipment is available under State Contract No. MA #7581300000673, and competitive bidding is not required. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Finance Director to pay the total sum of $112,988.60 to McKee] Equipment Co.. Inc., for the purchase of a 2016 Case 590SN Backhoe Loader for use by the Engineering -Public Works Department/ Street Division, in compliance with Kentucky State Purchasing Contract, SECTION 2. The Mayor is hereby authorized i o execute a contract with McKee] Equipment Co., Inc.. for the purchase of a 2016 Case 590SN Backhoe Loader, authorized in Section I above. SECTION 3. This expenditure shall be charged to Rolling Stock Vehicles- Fleet Lease Trust Fund, account number 071-0210-542-4005. SECTION 4. This ordinance shall be read on two separate days and Nvi I I become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, July 27, 2016 Adopted by the Board of Commissioners. August , 2016 Recorded by Tammara S. Sanderson. City Clerk, August , 2016 Published by The Paducah Sun. �ord`,pworks'backhoe loader 2016 state contract 716116 To: City of Paducah Attn: Randv Crouch Subject: KY State Contract quote on Backhoe Loader McKee] Equipment Co., Inc quotes one new Case 590SN Backhoe Loader priced in accordance with the Commonwealth of Kentucky master agreement (MA7581300600673) OP4-521 1-008 Base Authorization valid to ]112/17. *Warranty -12 Months Total Machine 24 Month Power Train Warranty 'hank you for your consid ation Deliver September 2016 1 McKeel 1939 N. 8`h Street • Paducah, KY 42001 • one (270) 444-0110 • www.mckeelequipment.com CA 4 55 6 Fax (270) 444-9780 Manufactures Contract Price List Price Less 42% 1. 590SN $149,137.00 586,499.46 2. Shuttle Transmission _$ 1,981.00 -S 1,148.98 3. Front Wheels 14x17.5 -- IOPLY NC 4. 21 LX24 Rear Wheels NC 5. Extendahoe $ 7,473.00 S 41334.34 6. Aux. Backhoe Hydraulics $ 5,750.00 $ 3,335.00 7. Backhoe Bucket 24" $ 1,841.00 $ 1,067.78 S. Flip Over Stab. Pads $ 942.00 $ 546.36 9. 93" 4 -in -1 Bucket S 7,483.00 $ 4.340.14 10. Cab - Heart & Air $ 11,032.00 $ 67398.56 11. Radio $ 268.00 $ 155.44 12. Air Suspension Seat S 487.00 $ 282.46 13. Drive Shaft Guard NC 14. Block Heater $ 202.00 S 117.16 15. Engine ECO Mode $ 350.00 $ 203.00 16. Engine Auto Shut Down $ 100.00 $ 58.00 17. Lock DEF Cover $ 152.00 $ 88.16 18. Ride Control S 1,566,00 $ 908.28 19. Rotating Beacon $ 273.00 $ 158.34 20. Too[ Box $ 198.00 $ 314.84 21. Dual Batteries $ 797.00 $ 462.26 22. Hydraulic Thumb S 7,100.00 $ 4,118.00 $193,170.00 $112.,038,60 Freight S 650.00 $ 650.00 Set -Up S 300.00 S 300.00 $ 194,120.00 $112.988.60 *Warranty -12 Months Total Machine 24 Month Power Train Warranty 'hank you for your consid ation Deliver September 2016 1 McKeel 1939 N. 8`h Street • Paducah, KY 42001 • one (270) 444-0110 • www.mckeelequipment.com CA 4 55 6 Fax (270) 444-9780 00500 AGREEMENT Page 9 of 1 CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT TO PURCHASE ONE BACKHOE LOADER THIS AGREEMENT, made this day of 201G by and between the CITY OF PADUCAH, hereinafter called the OWNER, and McKeel Equipment Co. Inc., hereinafter called the VENDOR, for the consideration hereinafter named, agrees as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide One Case 590 SN Backhoe Loader to be used by the Engineering - Public Works Department, Street Division in full compliance with the Bid Proposal Dated July 6, 2016 and with this Agreement, the Specifications and any Addendum(s) issued. ARTICLE 2, TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Vendor hereby agrees to commence work under this Contact and to fully complete the delivery of the aforementioned Vehicle(s) within 61 consecutive calendar days thereafter from the date of this Agreement. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Vendor the following, subject to additions and deductions provided therein: One Hundred Twelve Thousand Nine Hundred Eighty -Eight ]Dollars and Sixty Cents ($112,9$$.60)as quoted in the aforementioned Vendor's Bid Proposal and as approved by the Board of Commissioners on by Ordinance # ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery in accordance with the Contract Documents and the Specifications. The Payment shall constitute full ccrnpensation for the work and services authorized herein. ARTICLE 5. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. W WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY _ TITLE BY Gayle Kaler, Mayor ADDRESS: ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-2267 GM206I01 CITY OF PADUCAH, KY 7/25/16 Miscellaneous Account Information 12:03:31 Account . . . . . 2017 71-0210-542-40.05 Description . . . Rolling Stock / Vehicles Type Information, press Enter. Seq # Code Freeform information Amount T60 TEP 2.00 1 W4+} �— 7-599 3.00 1 SKIDSTEER 56,500 4.00 1 BUCKET TRUCK 130,000 �-,ol le, ex,c -)o-e low&c/ / 1Z c �lw.G"' 5.00 1 (3) SNOW PLOWS & MOUNTS 35,000 6.00 1 (2) STAINLESS SALT SPREADER 24,000 7.00 1 WHEELED EXCAVATOR (FROM FY16 PLAN) 299,650 8.00 1 PARKS - 0 9.00 1 RTV 4 SEATER 16,000 10.00 1 RTV 2 SEATER 14,500 11.00 1 POLICE - 0 12.00 1 (10) POLICE PURSUIT SUV'S 365,600 F3=Exit F8=Print F12=Cancel Agenda Action Form Paducah City Commission Meeting Date: July 26, 2016 Short Title: Purchase of One (1) 10 Cubic Yard Torr: ,Cat Satellite Side Loader- mounted on a 2017 Ford F550 Chassis to be used by tine Solid Waste Department ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolutin-a ❑ Motion Staff Work By: Randy Crouch, EPW Maintenance Siipt. Kathy Wyatt, EPW Admin Asst. 111 Dena Alexander, EPW Admin Asst. [T1 Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background information: In accordance with the adopted Fleet Plan Budget; a new 10 Cubic Yard Tom Cat Satellite Side Loader mounted on a 2017 Ford F550 Chassis was authorized to be purchased for Use in the EPW Solid Waste Division. The authorized Kentucky State Contract vendor for a 10 Cubic Yard Tom Cat Satellite Side Loader mounted on a 2017 Ford F550 Chassis is Municipal Equipment, Inc., located in Louisville, KY who quo-Wd a price of $100,014.71 for this side loader. The Kentucky Master Agreement number is MA 4758 1600000557-1 and #758 1100000911 - 19. 100000911- 19. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Rolling Stock/Vehicles-Heavy ..1 25, -2,01 , Fi ance Account Number: 050-2209-531-4007 Staff Recommendation: To authorize the purchase of a new 10 Cubic Yard Tom Cat Satellite Side Loader mounted on a 2017 Ford F550 Chassis for use by the EPW Solid Waste Division from Municipal Equipment, inc., for a quoted price of $100,014.71. Attachments: Quote and Ky Master Agreement Information eityanager Depai ent ad City Clerk ORDINANCE NO. 2016 -8 - AN ORDINANCE AUTHORIZING THE PURCHASE OF A 10 CUBIC YARD TOM CAT SATELLITE SIDE LOADER MOUNTED ON A 2017 FORD F550 CHASSIS FOR USE BY THE ENGINEERING -PUBLIC WORKS DEPARTMENT/SOLID WASTE DIVISION. AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME WHEREAS, this equipment is available under State Contract No. MA 758 1600000557-1 and 4758 1100000911-19, and competitive bidding is not required. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Finance Director is authwized to pay the total sura of $100,014.71 to Municipal Equipment, Inc.. for the purchase of a 10 Cubic Yard Tom Cat Satellite Side Loader mounted on a 2017 Ford F550 Chassis for use by the Engineering -Public Works Department, Solid Waste Division, in compliance with Kentucky State Purchasing Contract. SECTION 2. The Mayor is hereby authorized to execute a contract with Municipal Equipment, Inc., for the purchase of a 10 Cubic Yard Tom Cat Satellite Side Loader mounted on a 2017 Ford F550 Chassis, authorized in Section I above. SECTION 3. This expenditure shall be charged to Rolling Stock,'Vehicles- Heavv. account number 050-2209-531-4007. SECTION 4. This ordinance shall be read on two separate days and .vill become effective upon summary publication pursuant to KRS Chapter424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, July 27, 2016 Adopted by the Board of Commissioners, August , 2016 Recorded by Tammara S. Sanderson, City Clerk, August , 2016 Published by The Paducah Sun, ,ord`,pworks,,side loader 2016 state contract o: Jim Scutt City of Paducah Public Works Department PO BOX 2267 Paducah, KY 42002 Municipal Equipment, Inc. 6305 Old Shepherdsville Road Louisville, KY 46228 (502) 962-9527 FAX: (502) 962-6499 To: t� R Number. 7-7-16-5 Date: 7-7-16 Page: Delivery Sales Rep FOB Ship Via Terms Sates Tax Excise Tax 150-180 Days Jimmy Hoben Paducah, KY Best Way Net 15 days INCLUDED: NOTINCLUDED x INCLUDED: NOT INCLUDED.x QTY The following Equipment can be purchased without bid from tin it Price Total Price Kentucky State Price Contract MA -758-1600.000357-1: 1 10 cubic yard Tom Cat Satellite Side Loader $39,040.30 Hot shift PTO w/EOS $2,679.30 Factory installation $3,424.20 Rotary cart tipper street side $7,144.80 Rotary cart tipper curb side $7,144.80 Dual halogen work lights $297.70 Dual rear LED strobes $595.40 Reverse activated flood lights $297,70 14" upper doors---bofh sides $595.40 7" LCD color backup camera $1,296.10 Performance White Paint $1,786.20 6 month standard warranty STD $64,301.90 10% additional State Discount $6,430.19 $57,871.71 Delivery of completed unit from factory to dealer $996.00 Dealer PDI and delivery to Paducah, KY $760.00 $59,627.71 $59,627.71 1 2017 Ford F550 per attached description using State Price Contract $40,387.00 $40,387.00 758-'! 10flOC10911-19 -Total $100,014.71 SUBTOTAL MUNICIPAL EQUIPMENT, INC. TAX FREIGH-T ACCEPTED BY DATE MISCELI..ANECUS BALANCE DUE R w 1070 versai!ies Roads Frankfort, Ky 40641 (659) 351-1752 rrdfarkburn 12� 2[�msn,rom TO MUNICIPAL EQUIPMr:NY INC. 6305 SHEPHERDSVILLE ROAD LOUISVILLE, KY 402.2$ Att: E-MAIL ADDRESS: mequipbiglouxom DATE July 7, 2026 CUSTOALER !D SMP 70 QUOTE S.QLt]rtl(SUry 1 1Shipping Method Shipping Terms Delivery Date Payment Terms I RON 13L.ACKBURI4 I FLEET I ITBD NET 20 1 QUANTITY DESCRIPTION !TEM # UNIT PRICE LINE TOTAL i 1,00 2017 F-550 4X2 REGULAR CAB, 10(" CAB TO AXLE, $ 40,387-00 6.71- DIESEL, AUTO TRANS, AIR CONI), 19,500 GVW, 4;88 LIMIT SLIP RIA, TRANS PTO PROVISION, 28 GAL MID -SHIP GAS TANK, HD ALT, MANUAL MIRRORS, AM -FM RADIO, FRT TOW HOOKS, 40t20l40 V1NYL SEAT, VINYL FLOOR, i ANY QUES71OWS FEEL TO CONTACT ME AT 859 X52-2752 EXTERIOR COLOR : STANDARD COLOR FORD DOES NOT OFFER REMOTE ENGINE ACCELERATON PROVISION. YOU MILL HAVE TO ADD AFTER MARKET UNIT. "QUOTE GOOD FOR 45 DAYS" i I I LINE T07ALS SUBTOTAL SALES TAX TOTAL j $ 40,387.00 YOUR SIGNATURE 8 PURCHASE ORDER CONFIRMS ORDER. NO CHANGES CAN BE MADE TO YOUR ORDER AFTER IT IS SUBMITTED TO THE PLANT_ Print Name: Title: Purchase Onley N. Date: Make aB dreda payable to Crass m&Farfrllnmin THANK YOU FOR YOUR BUSINESS! 00500 AGREEMENT Page 1 of 1 CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT TO PURCHASE ONE (1) SIDE ARM REFUSE TRUCK THIS AGREEMENT, made this day of , 20_ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and Municipal Equipment Co, hereinafter called the VENDOR, for the consideration hereinafter named, agrees as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide One 10 Cubic Yard Tom Cat Satellite Side Loader 12017 Ford F550 Chassis to be used by the Engineering -Public Works Department, Solid Waste Collection System in full compliance with the Bid Proposal Dated July 7, 2016 and with this Agreement, the Specifications and any Addendum(s) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Vendor hereby agrees to commence work under this Contract and to fully complete the delivery of the aforementioned Vehicle(s) within 180 consecutive calendar days thereafter from the date of this Agreement. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Vendor the following, subject to additions and deductions provided therein: One Hundred Thousand Fourteen Dollars and Seventy -One Cents ($100,014.71) as quoted in the aforementioned Vendor's Bid Proposal and as approved by the Board of Commissioners on by Ordinance # ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery inaccordance with the Contract Documents and the Specifications. The Payment shall constitute full compensation for the work and services authorized herein. ARTICLE 5. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth ar Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY TITLE M Gayle Kaler, Mayor ADDRESS: ADDRESS: Post Office Bex 2267 Paducah, Kenlucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: July 26, 2016 Short Title: Purchase of One (1) 2016 Rubber Track Loader to be used by the Street Department ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Randy Crouch, EPW Maintenance Supt. Kathy Wyatt, EPW Admin Asst. IDI Dena Alexander, EPW Admin Asst, III Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: In accordance with the adopted Fleet Plan Budget, a new Rubber Track Loader was authorized to be purchased for use in the EPW Street Division. The authorized Kentucky State Contract vendor for a Case TR310-T4 Rubber Track Loader is McKeel Equipment Co.. Inc., located in Paducah; KY, who quoted a price of $51,498,71 for this backhoe loader. The Kentucky Master Agreement number is MA #7581300000673. Goal: []Strong Economy ®Quality Services [—]Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Rolling Stock/Vehicles.z Z7t' Fleet Lease Trust Fund roane Account Number: 071-0210-542-4005 Staff Recommendation: To authorize the purchase of a new Case TR310-T4 Rubber Track Loader for use by the EPW Street Division from McKeel Equipment Co., Inc., JJfor a quoted price of $51,498.71. Attachments: Quote and Ky Master Agreement Information Depart ent H City Clerk City Manager ORDINANCE NO. 2016 -8 - AN ORDINANCE AUTHORIZING THE PURCHASE OF ONE (1) 2016 CASE TR3I0-T4 RUBBER TRACK LOADER FOR USE BY THE ENGINEERING -PUBLIC 1A10RKS DEPARTMENT/STREET DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME WHEREAS. this equipment is available under State Contract No. MA .975 8 1300000673. and competitive bidding is not required. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Finance Director to pay the total sum of $51,498.71 to McKeel Equipment Co., Inc., for the purchase of one (1) 2016 Case TR310-T4 Rubber Track Loader for use by the Engineering -Public Works Department/Street Division, in compliance with Kentucky Stare Purchasing Contract. SECTION 2. The Mayor is hereby authorized to execute a contract with McKeel Equipment Co., Inc.. for the purchase of one (1) 2016 Case TR310-T4 Rubber Track Loader, authorized in Section 1 above. SECTION 3. This expenditure shall be charged to Rolling StockA'ehicles- Fleet Lease Trust Fund, account number 071-0210-542-4005. SECTION 4. This ordinance shall be read on two separate days and «ill become effective upon summary publication pursuant to KRS Chapter424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, July 27, 2016 Adopted by the Board of Commissioners, August 2016 Recorded by Tarrmara S. Sanderson; City Clerk, August , 2016 Published by The Paducah Sun, ord,pworks',rubber track loader 20 16 state contract 716116 To: City of Paducah Attn: Randy Crouch Subject: KY State Contract Quote on Rubber Track Loader McKeel Equipment Co., Inc quotes one new Case TR310-T4 priced Rubber Track Loader in accordance with the Commonwealth of Kentucky master agreement (MA7581300000673) OP4- 521 I-008 Base Authorization Valid to 1112117. *Warranty -- 3 Year ank you for your consideration. 3,000 Hour Warranty *Delivery — In Stock 7 Days J eg cKeel 1939 N. 81b Street • Paducah, KY 42001 • Phone (270) 444-0110 • Fax (270) 444-9780 ivivw.mckeelequipment.com Manufacturers KY State Contract List Price Price List Less 314% 1. TR310-T4 Series $64,551.00 $44.540.19 2. E H Controls NC NC 3. 2 Speed NC NC 4. Cab & Air $ 6,069.00 $ 4,187.61 5. Vinyl Suspension Seat NC NC 6. H. D. Rear Door $ 471.00 $ 324.99 7. Hydraulic Coupler $ 1,126.00 $ 776.94 8. Block Heater NC NC 9. Self -Level Bucket NC NC 10. Ride Control NC NC 11. 15.7" Rubber Tracks NC NC 12. 78" L.P. Bucket $ 1,164.00 $ 803.16 13. 78" Bolt On Edge $ 278.00 $ 191.82 $73,659.00 $50.824.70 Freight $ 424.00 $ 424.00 Set - Up $ 250.00 $ 250.00 $74,333.00 $51,498.71 *Warranty -- 3 Year ank you for your consideration. 3,000 Hour Warranty *Delivery — In Stock 7 Days J eg cKeel 1939 N. 81b Street • Paducah, KY 42001 • Phone (270) 444-0110 • Fax (270) 444-9780 ivivw.mckeelequipment.com C0600 AGREEMENT Page 1 of i CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT TO PURCHASE ONE RUBBER TRACK LOADER THIS AGREEMENT, made this day of 2016 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and McKeel Equipment Co. Inc., hereinafter called the VENDOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide One Case Model TR310-T4 Rubber Track Loader to be used by the Engineering -Public Works Department, Fleet Division in full compliance with the Bid Proposai Dated )uly 6, 2016 and with this Agreement, the Specifications and any Addendum(s) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Vendor hereby agrees to commence work under this Contract and to fully complete the delivery of the aforementioned Vehicle(s) within 7 consecutive calendar days thereafter from the date of this Agreement. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Vendor the following, subject to additions and deductions provided therein: Fifty -Orae Thousand Four Hundred Ninety -Eight Dollars and Seventy -One Cents_ ($51,498.71) as quoted in the aforementioned Vendor's Bid Proposal and as approved by the Board of Commissioners on by Ordinance # ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery in accordance with the Contract Documents and the Specifications. The Payment shall constitute full compensation for the work and services authorized herein. ARTICLE 5, GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreervent, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY BY TITLE Gayle Kaler, Mayor ADDRESS: ADDRESS: Post Office Box 2267 Paducah, Kenluc�y 42002-2267