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Home My WebLink AboutCCMPacket2016-08-09CITY COMMISSION MEETING AGENDA FOR AUGUST 9, 2016 5.30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET ROLL CALL INVOCATION - Rusty Banks — First Baptist Paducah PLEDGE OF ALLEGIANCE ADD[TIONS/DELETIONS I. MINUTES IL APPOINTMENTS A. Board of Adjustment B. Municipal Housing Commission C. Paducah -McCracken County 111dustrial Development Authority D. Civic Beautification III. NIOTION A. R & F Documents IV. MUNICIPAL ORDER A. Personnel Actions i B. ALttfli)I1Z.l �Mt \l'l`lh I_'illtec� iti�335C?ll` �Ji'15�?I) ,1_'ItlttJ'S I C. Amendment 42 to MOU with United States Army° Corps of Engineers — R. MURPHY I D. Approve Application for a Comiminity Infrastructure Fund (CIF) i. Grant for Ftoodwall Pump Station 92 Rehabilitation — R. MURPHY V. ORDINANCES —ADOPTION A. Approve Final Subdivision of Ridgewood Villas and Accepting Dedication of Right -of -Way --S. ERVIN B. Purchase 2016 Wheel Loader — R. MURPHY C. Purchase 2016 Backhoe Loader— R. MURPHY D. Purchase 2016 Rubber Track I.,oader — R. MURPHY E. 2017 Ford F550 Side Loader— R. MURPHY VI. ORDINANCES -INTRODUCTION A. Contract for 911 Wireless Communications Consultant Federal Engineering — FIRE CHIEF KYLE B. Accept Law Enforcement Service Fee Grant Award for the Police Department — POLICE CHIEF BARNHILL C Amend Alcoholic Beverage Ordinance to Allow Distillers and Bed and Breakfast Businesses to Obtain a Non -Quota 3 Retail Drink License — CITY MGR D. CONTRACTS FOR SERVICES - CITY MGR I. GPEDC/EntrePaducah 2. Paducah Junior College — Community Scholarship Program 3. Paducah Junior College —Paducah School of Art 4. Paducah Transit Authority 5. Luther F. Carson Four Rivers Center 6. Barkley Regional Airport CITY MANAGER REPORT VII. Vill. MAYOi z COMVI1SS10NER COYINIENTS IX. PUBLIC COMMENTS X. EXECUTIVE SESSION JULY 27, 2016 At a Called Meeting of the Board of Commissioners, held on VA,'Anesday. July 27, 2016, at 5:30 p.m., in the Training Room in the basement of City Hall locatedat 300 South 5th Street, Mayor Kaler presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4). Commissioner Abraham was absent (1). WORKSHOP NEXT STEPS WORKSHOP FOR THE CITIZENS SURVEY The City held a workshop for the above. Details follow in the exccr-pt from the City Commission meeting highlights prepared by Pam Spencer, Public ]nformatioa Officer, "Next Steps Workshop for Strategic Plaanin2 and Review of Citizen Survey Results Today, the Paducah Board of Commissioners along with the Cit} Manager and City directors participated in the Next Steps Workshop led by the National Researib Center ("NRC). NRC Vice President Michelle Kobayashi facilitated the strategic planning sessiDn. The workshop's purposes were to analyze the results of Paducah's National Citizen Survey, co nF.Mre them to the 2013 survey results and national benchmarks, assess priorities, and selectstrategic action topics for further review. City 10anager Jeff Pederson says, `If we are absent feedback from the people we serve, then we don't know how well we are doing. We need the valuable feedbackto help in making objective decisions and to focus on areas where we can improve." Kobayashi says, "Paducah, you are a case study for the National Research Center, a model that we present to other cities. In 2013, you were able to take the data, make a plan, and take action. You are in our playbook." "You are comparing yourself against hundreds of other cities. But these are high -performing cities since they, like you, are willing to take the risk and survey their residents." One of the first results that Kobayashi pointed out is that 68 percen[+ofPaducah's residents gave positive ratings regarding the overall quality of life in Paducah. Ti]ztn[tmber increased from the 63 percent approval rating in 2013. Kobayashi says this is an impressive increase since a variety oc!ac[or,� cones into plm When hooking at quality of iife. Paducah rareivcd a 78 percent approval rdt7; a and .1 '?eFC41',t :Ip `ruba! ;:ttNY? ilia C01]llntl114V CilaraClcriS11C'5 i'CC SVllig the I][gheSta[mgS are o4et'alI 3tC[�', sal- t1` inIlei.!ibUl'iloUdS and downtown, overall ease of travel, and K-12 education. The community, characteristics with the lowest rarings include employment opportunities, bicycle travel, and affordable quality housing. City residents gave highly positive responses regarding several cityservices with 90 percent of the respondents giving tl]e Paducah Fire Department a good or excellent rating: 77 percent of the respondents rating the Police Department positively: 77°0 of the respondents rating garbage collection as excellent or good, and 75% of the respondents rating Paducah's parks system as excellent or good. Other services receiving high marks are the McCracken County Public Ubrar% andd the local ambulance service. City services that have the lowestratings, which Kobayashi saes similar ratings are seen in cities across the country, include street repair, recycling, and code enforcement. Kobayashi says in comparing the 2016 results with the 2013 results, "You have a common trend of being higher. A lot of the things you have been doing have been noticed by the residents, and they are paying off." The ratings for the city government as a whole did not change significantly from 2013's survey. Those numbers were not as high as everyone who participated in the workshop would like to see. Kobayashi says the national political climate with negative campaigning may be affectinff everyone's public trust, even at the local level. Kobayashi adds, lucre is such a lack of education JULY 27, 2016 of what local government does. People can rate the services they receive, but they often get their impressions of government as a whole from. national media." After reviewing Paducah's results, Kobayashi worked with the workihop participants in discussing the results that they expected versus the ones that were surprising. This led to a list of focus topics. After a round of voting, the group selected four action topics for further review and began identifying strategies to address each topic. The four action topics are • Population Growth and Economic Development • Public Trust • Infrastructure (specifically floodwall, 911, government facilities, and storm water) • Recycling The next Steps Workshop held in 2013 led to the identification of three strategic action topics: Neighborhood Revitalization, Economic Development, andCornrnunity Engagement. Committees were developed with progress made undereach category. Once again, the City plans to create committees for each of the four strategic action topics selected today. The City of Paducah contracted to utilize the National Citizen Survey to gather feedback from citizens about community livability which includes city services, ciAc participation, governance. and various community topics. In April and May of this year, the NRC mailed the National Citizen Survey to 1400 randomly selected households in Paducah. I'lie City of Paducah had a return rate of 29% with the completion of 370 surveys. In order to get an accurate return rate, the number of surveys mailed to empty apartments or vacant homes was subtracted from the initial value of 1400. The NRC expects a return rate of 25-40% for a statistically valid sample. The multiple-choice survey, developed by the International CitylCaitily ,ManagementAssociation (ICMA) and the NRC, included 163 standard questions and generaldeirnographics questions. Most of the questions had five choices such as Excellent, Good, Fair, Poor, or Don't Know. As a benchmark, results also are compared to cities across the nation that recently completed surveys. For more information about the citizen surveyv'icludin0, the survey instrument. please visit www.paducahkv,gov." NIINUT ES Gault oll,�rtd motion, seconded I}i' Cr>ww!,,sjorx--t k ilSon, rhat the Ic'.adin,-) of ilii: Minutes for the JUIN 19, 2016, City Commission mectin2 be wil- cd and that the Minutes of sttitl meeting prepared by the City Clerk be approved as written. Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mavor Kaler (4). MOTIONS R & F NOTICES Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Notice of Called Meeting for Wednesday, July 27, 2016, be received and riled. Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and lklayor Kaler (4). MUNICIPAL ORDER PERSONNEL ACTIONS Commissioner Wilson offered motion, seconded by Commis:sioper Gault, that 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. (SEE MUNICIPAL ORDER BOOK) JULY 27, 2016 Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, Wilson and Mayor Kaler (4). ORDINANCE — EMERGENCY APPROVE AGREEMENT WITH McCRACKEN COUNT" FOR 911 DISPATCHING SERVICES Commissioner Gault offered motion, seconded by Commissioner 1,Vilson, that the Board of Commissioners introduce and adopt an Ordinance entitled, "AN1 ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVNG AN AGREEMENT WITH McCRACKEN COUNTY FISCAL COURT FOR DISPATCH SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE.VIENT." This ordinance is summarized as follows: 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, and authorizes the Mayor to execute the Agreement. 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 (t 8) months unless either the City or McCracken County Fiscal Court decide to terminate or renegotiate the Agreement. Adopted upon call of the roll, yeas, Commissioners Gault, Rhodes, -Wilson and Mayor Kaler (4). ORD.42016-7-8395; BK 34 ORDINANCES — INTRODUCTION APPROVE FINAL SUBDIVISION OF RIDGEWOOD VILLAS AND ACCEPT DEDICATION OF RIGHT-OF-WAY Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDFNA�`CE APPROVING THE FNAL REPORT OF THE PADUCAH PLANNNG COMMISSION 0\4 THE PROPOSED FINAL S(AlDfVISION, ICOR RID0f;AV00D V[L.L,AS C0NF)0MINIVV!,S —PRASE 1: ACCEPINC, THE D-DICAI ION OF RIGHT OF l'' AY OF LA KID(JF Di='.I`tF; ;ACCI_P I"`G Pl: BLIC UTILITY EASEyIENTS; AND AUTHORIZING THE MAYOR TO SUBSCRIBE A CERTIFICATE OF APPROVAL. ON THE PLAT." This ordinance is summarized as follows: An Ordinance approving the final report of the Paducah Planning Commission on the proposed final subdivision for property known as the Ridgewood Villas Condominiums — Phase 1: accepting dedication of right of way of Villa Ridge Drive and public utility easements. In addition. the City of Paducah hereby authorizes the Mayor to subscribe a certificate of approval on the plat. PURCHASE 2016 WHEELED LOADER Commissioner Wilson offered motion, seconded by Commissiour Gault, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDFNANCE AUTHORIZING THE PURCHASE OF ONE (1) 2016 JOHN DEERE 544K WHEELED LOADER FOR USE BY THE ENGINEERING -PUBLIC WORKS DEPARTMENT/SOLID WASTE DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: 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 DepartmentiSohd Waste Division, in compliance with Kentucky State Purchasing Contract. JULY 27, 2016 PURCHASE 2016 BACKHOE LOADER Commissioner Gault offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINA.4CE AUTHORIZING THE PURCHASE OF A 2016 CASE 590SN BACKHOE LOADER FOR USE BY THE ENGINEERING -PUBLIC WORKS DEPARTMENT/STREET DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows; That the City of Paducah hereby authorizes the Finance Director to pay the total sum of $112,988.60 to McKeel 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. PURCHASE 2016 RUBBER TRACK LOADER Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINAV`CE AUTHORIZING THE PURCHASE OF ONE (l) 2016 CASE TR310-T4 RUBBER TRACK LOADER FOR USE BY THE ENGINEERING -PUBLIC WORKS DEPARTMENT/STREET DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Finance Director to pay the total sura of $51,198.71 to YlcKeel Equipment Co., Inc.,, for the purchase of one (1) 2016 Case TR') 10-T4 Rubber Track Loader for use by the Engineerin -Public Works Department/Street Division, in compliance with Kentucky StatePurchasing Contract. 2017 FORD F550 SIDE LOADER Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an Ordinance entitled, -`AN ORDNANCE AUTHORIZING THE PURCHASE OF A 10 CUBIC YARD TOM CAT SATELLITESIDE LOADER MOUNTED ON A 2017 FORT} F550 CHASSIS FOR USE BY THE ENGNEERING-PUBLIC WORKS DFPART',,fF.NT SOLID WASTE DIVNION. AND Aa 'TI10�R�ZINCT I IE MAY'(W TO EXL-:CUT A This ucdimloce is suau-aarizted as Chat the City of Paducah hereby authorizes the Finance Director to pay the total sum of S100,014.71 to Municipal Equipment, Inc,, for the purchase of a 10 Cubic Yard Tom Cat Satellite Side Loader mounted on a 2017 Ford F550 chassis Cor use by the Engineerin,ublic Works Department; Solid %k aste Division, in compliance %with Kentucky State Purchasing Contract. ADOPTED: August 9, 2016 Cite Clerk iVIayo r AUGUST 9, 2016 WHEREAS, subject to the approval of the Board of commissioners, 1 hereby appoint Oscar Gamble as a member of the Board of Adjustmentto fill the unexpired term of Johanna Rhodes who has resigned. This term will expire August 31, 2017. AUGUST 9, 2016 WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Albert Parker as a member of the Municipal Housing Commission. This term kill expire July 22, 2020. AUGUST 9, 2016 WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Mike Stone as a member of the Paducah -McCracken County Industrial Development Authority Board. FURTHERMORE, subject to the approval of the Board of Commissioners, I hereby appoint Durwin Ursery as a member of the Paducah -McCracken County Industrial Development Authority Board to replace William Joseph Jones whose term has expired. These terms will expire March 25, 2020. AUGUST 9, 2016 WHEREAS, subject to the approval of the Board of Commissioners. I hereby reappoint Rosa Scott and Phyllis Clymer to the Civic Beautification Board. These terms "ill expire July 1, 2020. AUGUST 9, 2016 1 more that the follmv ing documents be received and filed: DOCUMENTS 1. Notice of Cancellation for the Board of Commissioners oftlre City Of Paducah for Jul} 26. 2016 and August 2. 2016 meetings 2. Certificate of Liability Insurance for AST Environmental 3. Deed of Conveyance with Brad & Anne Wallace for 626 Bo}d Street. 800. 818. 820 and 832 Noi,h 7'1' Street (MO a 1919) 4. Quitclaim Deeck wrih D,N id Dcmon for 1001 and 1009 1-larrlson Srrei'I N'0 :— i`081 5. Colmm�nieatiOnS Service Agreement with McCracken Countv Fiscal Court for 9] I Dispatch Services (ORD 9 2016-07-8395) 6. Contracts for Services (Executed by the City Manager): a. Market House Theatre b. Paducah Symphony Orchestra. Inc. c. Paducah Tilghman High School — Tornado League Football d. Yeiser Art Center e. National Quilt Museum Paducah Film Society- (DBA Maiden Alley Cinema) Paducah Commultit, Concert Band h. Uppe;toyvn Heritage Foundation i. River Heritage Museum (DBA River Discovery Center) j. Brooks Stadium Commission 7. Community Scholarship Fund Report for July 2015 -June 2016 8. Paducah Water Works Financial Highlights for June 2016 CITY OF PADUCAH August 9, 2016 Upon the recommendation of the City Manager, the Board Of Commissicners of the City of Paducah order that the personnel changes on the attached list be approved. City Manager's Signature Date — - -- - - -- - CITY OF PADUCAH PERSONNEL ACTIONS Cl I Y UI- HAUUUAN PERSONNEL ACTIONS PARKS SERVICES Blakemore Kait;in A POLICE - SUPPORT SRVCS C'cv'fta!, Jus -';n P FINANCE Graham Margaret H FIRE SUPPRESSION Skibinski. Raymond �"Meek?. Phi ii.C• PAYROLL ADJUST MENTSITRANSFERSIPROMOTIONSITEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY Recreation Leader Recreation Leader NCS Non -Ex Augus; 1, 2016 S8 50/Hr $11.00/Hr _'�F.; �::;if`;c tic;•a c. �'ii A•;,,ir'; -.��tc isir�' v', ��. 526,7&H,r 530.60;f 1r TERMINATIONS - FULL-TIME (FIT} POSITION REASON Accounts Payable Clerk Retirement Fire Captain Retirement Fire CaGtair, Reilremeni TERMINATIONS , PART-TIME fPITUTEMPORARYISEASONAL POSITION REASON PARKS SERVICES August 9, 2016 Coach D -n Art Jordan. Diamond R Coach;Recreation Leader NEW HIRE • FULL-TIME f F(T� Recreation Leader VValtmon, Mykaia G Pool Attendant FINANCE POSITION RATE NCS/CS FLSA EFFECTIVE DATE Nlidkiff Emi L Accountant $19.24/Hr NCS Ex August 11. 2016 NEW HIRES - PART-TIME fPIT)ITEMPORARYlSEASONAL POSITION RATE NCSICS FLSA EFFECTIVE DATE PARKS SERVICES Walker David Sports Official $20,00/Game NCS Non -Ex August 1 i. 2016 PARKS SERVICES Blakemore Kait;in A POLICE - SUPPORT SRVCS C'cv'fta!, Jus -';n P FINANCE Graham Margaret H FIRE SUPPRESSION Skibinski. Raymond �"Meek?. Phi ii.C• PAYROLL ADJUST MENTSITRANSFERSIPROMOTIONSITEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY Recreation Leader Recreation Leader NCS Non -Ex Augus; 1, 2016 S8 50/Hr $11.00/Hr _'�F.; �::;if`;c tic;•a c. �'ii A•;,,ir'; -.��tc isir�' v', ��. 526,7&H,r 530.60;f 1r TERMINATIONS - FULL-TIME (FIT} POSITION REASON Accounts Payable Clerk Retirement Fire Captain Retirement Fire CaGtair, Reilremeni TERMINATIONS , PART-TIME fPITUTEMPORARYISEASONAL POSITION REASON PARKS SERVICES Durbin. Aiexandra C Coach Jackson. Kyle S Recreation Leaae; Jordan. Diamond R Coach;Recreation Leader YorK, Kyler Recreation Leader VValtmon, Mykaia G Pool Attendant PARKS SRVCS - MAINTENANCE Skinner, Keith L Parks Maintenance - Laborer End Seasonal Employment Ent! Seasonal Emplcy-,�r:t End Seasonal Employment End Seasonal Employment Resignation Termination' 'Unable to successfully Wrplete hiring process EFFECTIVE DATE July 31, 2016 July 31 2015 July 131, 2 `,6 EFFECTIVE DATE July 22 20166 July 22 2016 July 22.2-016 July 22 2016 July 26 2016 July 28. 2016 Agenda Action Form Paducah City Commission Meeting Date: 08-09-16 Short Title: MOU with USACE for Work Provided or Performed Prior to Execution of a Project Partnership Agreement for the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project at Pump Station No. 2. ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolutinri ❑ Motion Staff Work Bv: Arne Nuckolls. EPW Executive Aswistani 1 Presentation By: Rick Murphy, P.E., Cite Engineer -Public Works Director Background Information: The US Arim Corps of Engineers. Louisville District (USACE) in conjunction «ith the Cit of' Paducah has been pursuinE the Ohio Riser Shoreline Reconstruction PT(Iject since 1998. As of this i-cqs !)cer: r,dly 1', ed through he(L'122 '1 _ .i�' �' i ;� �i;;', 111r (� -� � r•i, , �[? i_ i t_'�C t_l it �. �1'k I'•_. 7 (.C�15 .'1.. iCf�il �; Fea-,ihilit� kc,pori (diated April 2.k0l I: Rei iced Sepsen3ber. 201 1.). ;'eeeA ing tilt support of a SiLrtecl Chief's Report (dated 16 May, 20 12) and further legislated and autlra•ized by H. R. 3080, WRRIM 2014; page 174. As of this date. the Cir' does not receive "Project Irl -Kind Credits" for an}' Fioodwall rnonetars expenses as the execution of a Project Partnership Agreement has not been finalized. Therefore; the City has been totally responsible for mairdenance of the Floodwall and all related appurtenances without being credited by the USACE. On June 10, 2016, a letter was sent to Colonel Christopher G. Beek, P.E., outlining the City's desire for USACE to create an n90U for the total reconstruction of P4nnp Station No. 2 including all project elements associated \N ith Ptimp Station No. 2's operation and identiFed in the Ohio River Shoreline Reconstruction Project and that the USACE allow "in-kind credits" as outlined in the attached N10U. Goal: []Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Flame: F`V0007 Account Number: 040-3315-532.23-07 Finance Staff Recommendation: To adopt a Municipal Order authorizing the Mayor to execule a Memorandum of Understanding between the Department of the Army and the City of Paducah Kentucky for work proNrided or performed prior to execution of a Project Pat-tnership Agreement for the Ohio River Shoreline Reconstruction Project in association «ryth Purnp Station No. 2. Attachments: June 10, 2016 letter to Colonel Christopher G. Beck, PE Memorandum of Understanding MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN T;HE DEPARTMENT OF THE ARMY AND THE CITY OF PADUCAH FOR WORK PROVIDED OR PERFORMED PRIOR TO EXECUTION OF A PROJECT PARTNERSHIP AGREEMENT FOR THE OHIO RIVER SHORELINE, PADUCAH. KENTUCKY RECONSTRUCTION PROJECT IN ASSOCIATION WITH FLOODWALL PUMP STATION NO. 2 BE IT ORDERED BY THE CITY OF PADUCAH. KENTUCKY: SECTION 1. That the Cit` of Paducah hereby- authorizes the Mayor to execute a lMemoranduM o,"Understan ing between the Department ol'the Army. represented by the U.S. Army Engineer. Louisville District and the Cite of Paducah for k ork provided or performed prior to execution of a Project Partnership Agreement for Ohio River Shoreline, Paducah. Kentucky. Reconstruction Project in association with Floodwall Pump Station No. 2. SECTION 2. This Order shall be in full force Mrd effect from and after the date of its adoption. \-layor ATTEST: Tammara S. Sanderson. City Clerk Adopted by the Board of Commissioners, August 9, 2016 Recorded by Tammara S. Brock. City Clerk. August 9, 2016 moNOU-Ohio River Shoreline -Pump Station #2 MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF PADUCAH, KENTUCKY FOR WORK PROVIDED OR PERFORMED PRIOR TO EXECUTION OF A PROJECT PARTNERSHIP AGREEiIENT FOR CHID RIVER SHORELINE, PADUCAH, KENTUCKY, RECONSTRUCTION PROJECT LIS :L:°,'. ' - �I. to as -he "MOU"; is made and entered into this day c 2016, by and between the United States Department of the Army ;hereinafter referred to as the "Government";, acting by and through the Commander and District Engineer, United States Army Engineer District, Louisville and the City of Paducah, Kentucky, a Home Rule Class city organized and existing under and pursuant to the laws of the Commonwealth of Kentucky (hereinafter referred to as the "Non -Federal Interest"), acting by and through the Mayor of the City of Paducah, Kentucky. WITNESSETH, THAT: WHEREAS, Section 221(a) of the Flood Control Act of 1970, as amended by Section 2003 of the Water Resources Development Act of 2007, provides that a cost sharing partnership agreement may provide credit for the value of materials or services provided before the execution of such cost sharing partnership agreement if the Secretary and the non -Federal interest enter into an agreement under which the non -Federal interest shall carry out such work and only work carried out following the execution of such agreement shall be eligible for credit; WHEREAS, the Non -Federal Interest understands and acknowledges that any credit for eligible in-kind contribut_o;,s will be afforded only toward the required non -Federal contribution of funds (i.e. cash contribution; under the Project Partnership Agreement for the project or separable ele,.r.ent of the project except such: credit will not be affcrded toward the non -Federal recuirement to provide in cash 5 percent of the costs allocated to structural �l"cod damage reduction; and WHEREAS, by letter dated the 10th day of June, 2016, tO kefCrreC :O as t-1-- Work", i._rdork", as defined in paragraph 1 of this NO U.) prior to the execution, of the Project Partnership Agreement for the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project. NOW, THEREFORE, the Government and the Non -Federal Interest agree as follows: 1. The Non -Federal interest shall provide or perform the Proposed Work in accordance with the terms and conditions of this MOU. The Proposed Work shall conssst of: Restore, rehabilitate, replace and/or reconstruct Pump Station No. 2 including the discharge pipes, as generally described in Design, Package Number 1 Plans and Specifications dated April 2016. 2. The Ncn-Federal interest shall develop all necessary engineering pians and specifications for the Proposed Work. 3. The Non -Federal Interest shall complete all necessary environmental coordination and obtain all applicable Federal, State, and local permits required for the performance of the Proposed Work, 2 4. The Nen-Federal Interest shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, Public Law 91-646, as amended (42 U.S.C. 4601-4655), and the Uniform Regulations contained in 49 C.F.R. Part 24, in acquiring lands, easements, and rights-of-way required for construction and subsequent operation and naainten.ance of the Proposed work, and inform all affected persons cf applicable benefits, policies, and proceduL-es in connection with said Act. 5. Nothina in this MOU creates any duty, obligation, or responsibility for the Government. Any activity undertaken by the Non -Federal In�_erest for the implementation of the Proposed ,Fork is solely at the Non -Federal Interest's o�,.In 6. The Non -Federal Interest shall keep books, records, documents, and other evidence pertaining to costs and expenses incurred pursuant to this MOU to the extent and in such detail as will properly reflect total casts for the Proposed Work and the Non -Federal Interest shall make such evidence available for inspection and audit.* by authorized representatives of the Government. 7. The Non -Federal interest understands that any costs incurred for the clean-up of hazardous material regulated by the Comprehensive Environmental Response, Compensation, and Liability Act (hereinafter "CERCLA"; 42 U.S.C. Sections 9601-9675), that may exist in, on, or under lands, easements, or rights-of-way required for the Proposed work are a Ncn-Federal Interest responsibility and that no credit shall be afforded for such clean-up costs. In addition, the Ncn-Federal interest understar_ds that as between the Government and the Non -Federal Interest, the Non -Federal Interest shall be considered the operator of the Proposed Work for the purposes of CERCLA liability. To the maximum extent practicable, the Non -Federal interest shall operate, maintain, repair, replace, and rehabilitate the Proposed Work in a manner that will r.et cause liability to arise under CERCLA. 3 8. The parties to this MOU shall each act in an independent capacity in the performance of their respective functions under this MOU, and neither party is to be considered the officer, agent, or employee of the other. 9. The Non -Federal Interest understands that to be eligible for credit for the costs of the Proposed Vork: a. The Government must make a determination that the Proposed ,,dork is integral to the project; b. T_')e Proposed Pti'ork shall be subject to a revieW or cn-site inspection, as applicable, and certification by the Government that the work was accomplished in a satisfactory t= -a. Fer;F, C. The costs for the Proposed Work that may be eligible for credit shall be subject to an audit by the Government to determine the reasonableness, allocability, and allowability of such costs; d. The costs incurred for the Proposed Work are not subject to interest charges, nor are they subject to adjustment to reflect changes in price levels between the time the Prcposed work is completed and the time that credit may be afforded; e. The Non -Federal Interest shall net use Federal program funds (either funds or grants provided by a Federal agency as well as any non -Federal matching share or contribution that was required by such Federal agency for such program or grant) for the Proposed York unless the Pederal agency providing the Federal pertign of such funds verifies in writing that expenditure of such funds for such purpose is expressly authorized by Federal law; f. Only the ccsts of the Proposed Work that do not exceed the Government's estimate of the cost of such work if the work been accomplished by the Governwent may be eligible for credit; g. Any contract awarded for the Proposed work shall include provisions consistent with all applicahle Federal laws and reaulaticns and the Non -Federal 7rte.rest shall comply with all applicable Federal and State laws and regulations, includ_ g, but not limited to Section 6C1 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S,C. 2000d), and Department of Defense Direct�'ve 5500.11 issued pursuant thereto, as well as Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Proarams and Activit_es Assisted or Conducted by the Department of the Army"; h. The Non. -Federal Interest must co7ply with 3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis -Bacon Act (formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.), and the Copeland Anti-Rickback Acs. (formerly 40 U.S.C. 276c)); and i. Crediting for the costs of the Proposed Work may be withheld, in whole or in part, as a result of the Non - Federal Interest's fa`lure to comply with the terms of this MOU. 10. If the parties agree to enter into a Project Partnership Agreement for the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project at Paducah, Kentucky, then the Project Partnership Acreement will contain provisions regarding affording credit for costs of the Proposed Work, if the Secretary determines that the Proposed Work is integral to the project. 11. Execution of this 17OU shall not be interpreted as a Federal assurance regarding later approval of any project; shall not commit the United States to any type of reimbursement or credit for the Proposed Cork; does not alter any process to be followed by the Government in making a determination to execute a future Project Partnership Agreement; nor does it provide any assurance that any future agreement will ever be executed for the project, the Proposed Work, or any portion cf the project. Further, this MOU shall not be interpreted to signify any Federal participation in or commitment to the project or the Proposed Work, Finally, this MOU shall. not be construed as committing the Government to assume any responsibility placed upon the Nan -Federal Interest or any other ncn-Federal entity or as preventing the Government from modifying the project that could resul.t in the Proposed 6vcrk performed by the .ion -Federal lnterest no longer being an intecral part of the desicn of the pro ect, _ a tea. K' ry, a ::O;r.e P ie Class it—y C"qa..-? existing under and pursuant to the laws cf the Cor:;menwealt:-_ of Kentucky, by its duly qualified and electec Mayor, Gayle Kaler, pursuant to a Ordinance duly passed and adopted by the affirmative vote of a majority of the duly qualified and elected members of the Board of Commissicrers, City of Paducah, Kentucky, this day of , 2016. This MO U shall become effective upon the date it is signed by the Commander and District _ngineer, United States Army Engineer District, Louisville. BY: A'T'TEST: CITY CF PALUCAH, KEN'T'UCKY Gayle Kaler, Vaycr, City of Paducah, Kentt:cky Tammara S. Sar.derson, City Clerk, City of Paducah, Kentucky 6 IN TESTIP,ONY S,JHEREOF , witness the signature of the United States Department of the Army, acting by and through the Commander and District Engineer, United States Army Engineer District, Louisville, this day of , 2016. This MOU shall become effective -,:pon the date it is signed by the Commander and Distr_ct Engineer, Jnited States Army Engineer District, Lo-,:isville, BY: UNITED STATES DEPARTMENT OF THE ARMY, ACTING BY AND THROUGH TEE COMMANDER AND DISTRICT ENGINTEER, UNITED STATES ARI''" ENGINEER DISTRICT, T .." Christopher G. Beck Colonel, Corps of Engineers Commander and District Engineer, United States Army Engineer District, Louisville CERTIFICATE OF AUTHORITY I, W. David Denton, Denton Law Firm, PLLC, do hereby certify that I am the principal legal cff_cer of the City of Paducah, Kentucky, that the City of Paducah, Kentucky is a legally constituted public body with full authority and legal capability to perform the terms of the IMOU between the United States Department of the Army and the City of Paducah, Kentucky in connection with the Proposed Work to be provided or performed prior to the execution of a Project Partnership Agreement for the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Pre4ject and that the person who executed this i3OU on behalf of the City of Paducah, Kentvcky has acted within her statutory aut.lority. 7 Fitness the signature of W. David Denson, Denton Law Finn, PLLC, City Attorney, City of Paducah, Kentucky, this day of , 2016. gv_: lv 13, 2016 CITY OF PADUCAH, KENTUCKY W. David Denton, Denton Fav✓ Firm, PLL--, City Attorney, City cf Paducah, Kentucky 8 Rick Murphy, P.E. City Engineer & Public Works Director 10, lune 2016 CITY OF PADUCAH 300 South 5th Street P. O, Box 2267 Paducah, KY 42002-2267 wnvw.paducahk)%gov Colonel Christopher G, Beck, P.E. District Commander US Army Corps of Engineers, Louisville District P,O, Box 59 Room 751 Louisville, KY 40201-0059 Aitn, N -1s. Li€icsa R, 1• iirpl:y, P.k:., r 1y For LRL Interna) i:t.rir u`ison) Deputy District Engineer, CELRL-DP Re: Ohio River Shoreline, Paducah Kentucky Reconstruction (Project) MOU Amendment Request Dear Colonel Beek: Phone: (270) 444-8511 Fax: (270) 444-8689 Please recall my correspondence of request to you of 9 September and 2 November 2015, regarding the above referenced subject. Whereas the City of Paducah's (Sponsor) requests were received by the USACE Louisville District (District) and an appropriate MOU was executed 28 September 2015 and a subsequent Amendment Number 1 was executed 11 December 2015 between the District and the Sponsor. As you are also aware, more recent complications within the USACE Civil Works protocols prevented our project from moving forward upon our Project Authorization becoming invalid, Additionally, the $5.5 million budgeted in the Energy and Water Development and Related Agencies Appropriations Act were not funded due to the complications associated with our Project's compromised Authorization. The Sponsor's current understanding based on the information it has received from the USACE Louisville District (District) is that the government cannot participate in ANY reconstruction efforts associated with this project at this time. With this understanding, compounded by the fact that the government is unable to determine when ANY tangible Project Reconstruction funding may become available has put the citizens of Paducah at risk. For the record, the USACE and Sponsor are acutely aware that the Paducah LFPP Pump Stations No. 2 and No. 9 are in a condition that warrants their immediate need for reconstruction and can no longer be delayed, Therefore, given these circumstances, the Sponsor is now left with its only alternative of hiring Colonel Christopher G. Beck, P,E. an outside qualified professional engineering consultant (Consultant) to provide ALL of the appropriate engineering services that remain to successfully facilitate the complete reconstructive effort for the Paducah LFPP Pump Stations No. 2 and No. 9 as currently understood by the I��rt�rch EQUAL OPPORTUNITY EMPLOYER Colonel Christopher G. Beck, P.E. 10 June 2016 Page 2of3 District and Sponsor, It should be noted the design documents and constriction documents initiated by the District are as of this date incomplete. Therefore, the Sponsor in conjunction with its Consultant must assume the current design documents from the District in order to expedite the reconstruction of Pump Stations No. 2 and No. 9. As the Sponsor and Consultant move the Project forward, they may encounter Project omissions, design oversights, discoveries and/or complications left by the District while finalizing the Paducah LPPP Pump Stations No. 2 and No. 9 reconstruction documents, Should this occur, all said encounters will be corrected and properly illustrated in the final design and reconstruction documents Given the discussion herein, the Sponsor must now formally request of the District to draft an additional "Amendment" that addresses the status of the previously executed MOU and its Amendment Number t and that will address/include the following bulleted items: e The USAC Y;, vn!! provide the Sponsor for the Sponsor's ase or the use of' flac Sponsor's Consultant's use the most up to date digital version of ALL native CARD, Word Documents and Specifications that it has generated for the complete reconstruct;on for both Pump Stations No. 2 and No. 9. e Given that Pump Station No. 9 has been documented in great detail through Sponsor's correspondence and by identified MOU and its Amendment Number I herein, the USACE will recognize the Sponsor's by-pass/temporary pumping expenses in association with Pump Plant No, 9 from 29 December 2615 through 2 May 2016 as part of'the overall Pump Plant No, 9's reconstructive effort. • The USACE will recognize all of the Sponsor's non -force account expenses paid to but not limited to outside Consultant(s) originating with the completion of the design, specifications and reconstruction documents through the comprehensive reconstruction for Pump Stations No. 2 and No, 9 as an "Authorized Project Cash Match" upon the final accounting/auditing being performed on the overall Ohio River Shoreline, Paducah, KY project. e The USACE will recognize all of the Sponsor's non -force account expenses paid to but not limited to outside vendors, suppliers and contractors of whom may be awarded contracts and/or may receive purchase orders from the Sponsor throughout the comprehensive reconstruction for Pump Stations No, 2 and No. 9 as an "Authorized Project Cash Match" upon the final accounting/auditing being performed on the overall Ohio River Shoreline, Paducah, KY project. In the event the Sponsor and/or its Consultant encounter Project omissions, design oversights, discoveries, discrepancies and/or complications while finalizing the Paducah Ll~PP Pump Stations No, 2 and No. 9 reconstruction documents, all said encounters integral to the Project will be corrected, properly illustrated in the final design documents and executed during the Project's reconstruction. All of the expenses associated with these encounters may be considered as an "Authorized Cash and/or In -Kind Match" determined through force or non -force account expenditures. • Permit the Sponsor to receive "Authorized Project In -Kind Credit" for all expenses it will incur to remove, restore, rehabilitate, replace and/or reconstruct any/all Pap gates stated within the subject Colonel Christopher G. Beck, P.E. 10 June 2016 Page 3 of 3 LFPP's aforementioned authorization documents. This portion of the Project is characterized as "Priority No. 2, Flap Gates." ® Permit the Sponsor to receive "Authorized Project In -Kind Credit" for all expenses it will incur to permanently seal and/or modify several of the LFPP's 47 movable closures that have become obsolete to commercial use and access to the Ohio River, This portion of the Project is also described within the subject LFPP's authorized documents and has been characterized as "Priority No. 3, Seal Closures." As stated in previous correspondence, given the USACE and Sponsor have executed a PED Agreement for the Project's overall design and has yet to execute a Project Partnership Agreement, (PPA), the Sponsor is burdened for 100% of the repairs, restorations, rehabilitations, replacements and/or reconstruction to ANY/ALL previcm:ly authorized components of the Project. As of this date, the Sponsor does not receive [ha aforementioned credits as the execution of a PPA has not occurred, rendering the Sponsor's efforts ineligible by the govermnent. Therefore, as the circumstances for the Sponsor's LFPP are constantly changing while the government process for the reconstruction for this Project lingers on, I am appealing to your office to "Amend" the current MOU to address and to allow the Sponsor to receive "Authorized Project In -Kind Credit" as discussed herein. In conclusion, the Sponsor is heretofore making a formal appeal and request to the District to immediately pursue an Amendment to the current MOIJ discussed herein, allowing the Sponsor to receive "Authorized Project "Cash and/or In -Kind Credit" for those items listed in the bulleted points above, as well as any additional Project authorized component failures integral to the Project that may fail prior the USACE and Sponsor having the opportunity to execute a PPA. Your assistance and response to this formal request is greatly appreciated. In the event that you or members of your team may have any questions regarding this request, please do not hesitate to contact me at the telephone number listed above or my cell phone, (270) 994-7396. Regards: 6 Rick Murphy, .E. City Engineer & Public orks Director C: Jeff Pederson, City Manager, via email Honorable Gayle Kaler, Mayor, via email John R. Bock, P.E., USACE, LRL Chief, Engineering Division, via email Michael Moore, USACE, LPL Project Manager, via email Agenda Action Form Paducah City Commission Meeting Date: August 9, 2016 Short Title: Amendment 42 to MOU Nvith USACE fcr Work Provided or Performed Prior to Execution of a Project Partnership Agreement for Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project ❑Ordinance ❑ Emergency ® ]Municipal Order ❑ Resolution ❑ Motion Staff Work By: Amy Nuckolls, EP1V Executive Assistant 1 Presentation By: Rick'\`lurphy, P.E.. Cite Engineer -Public N orks Director Background Information: On September 227 2015, Nfurricipal Order r 1861 was adopted which authorized the Mayor to execute .i 01 01 �_'1?:leislandri?g, between the Deoarliner?t ortheAnnv ,md the Cit\ of l'adu4al? Kenwt :k: for 11 o;'i prol ideal or performed prior to CNCCLrLtolr Of a P !0JCCt Pdl't)WI'51111) "%1C'? Mei11 )01 the Paducah Kentucky Local Hood Protection Project and more specifically described by the following: • September 28, 2015, the Government and the Non -Federal Interest entered into a MOU for performance of certain Ivork regarding Pump Station No. 9 prior to the execution of the Project Partnership Agreement for the Ohio River Shoreline, Paducah; Kentucky, Reconstruction Project. • November 2, 2015, a letter sent by the Non -Federal interest requested an amendment of paragraph 1, subparagraph "A" and subparagraph "C" as set fonh in the above referenced MOu. • December 1 l . 2015. the Government and the Non -Federal Interest entered into an amendment to modif , paragraph I. subparagraph "A" and subparagraph "C" as set forth in the above referenced MOU. • June 10, 2016, the Non -Federal Interest has made an additional request regarding Pump Station No. 9 to amend paragraph 1 subparagraph "A" asset forth in the above referenced MOu. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored DmNJJtoNyns Funds Available: Account Narne: F1N'0009 Account Number: 040-3315-532.23-07 Finance Staff Recommendation: To adopt a Municipal Order authorizing the Mayor to execute Amendment Number 2 to Memorandum of Understanding betwcen the Department of t ie Army and the City of Paducah Kentucky for work provided or performed prior to etecution of a Project Partnership Agreement for Ohio River Shoreline. Paducah Kemucky, Reconstruction Project. Agenda Action Form Attachments: Executed Memorandum of Understanding dated September 28, 2015 Municipal Order k 1861 Amendment Number 1 to MOU November 2, 2015 letter to Colonel Beck June 10. 2016 MOU Amendment Request Amendment Number 2 to MOU Page J51 MUNICIPAL ORDER NO, A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER 2 TO THE MEMORANDUM Of IJNDERSTANDfNG BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF PADUCAH FOR WORK PROVIDED OR PERFORMED PRIOR TO EXECUTION OF A PROJECT PARTNERSHIP AGREEMENT FOR THE OHIO RIVER SHORELf,\E, PADUCAH, KENTUCKY. RECONSTRUCTION PROJECT %WHEREAS. on September 22. 2015. the Cite of Paducah adopted Municipal Order #1861 authorizing the IVtayor to execute a Memorandum of Understandin6 between the Department of the Army and the City of Paducah Kentucky for :Sr pel'for.-r!"d prior, to e.xecutiOt, of a Prcjc�n for the Paducah Kentucky Local flood Protection Project; and WHEREAS, the Cite adopted Municipal Order,41874 authorizing the Mayor's execution of Amendment No. I to the above MOU "rich amended the original MOU to allo« in-kind contribution credits for the replacement of Pump Station 49, pumps I and 2 and to allow up to 12 floodwall closures to be permanently sealed: and WHEREAS, the Department of the Army has presented Amendment No. 2 v, hich further pro, ides that the Cite of Paducah become eligible to recei\°e "In -Kind" credits as identified in the Ohio River Shoreline, Paducah, Kentucky. Reconstruction Project for the City's expenses for the comprehensive reconstruction, rehabilitation. and/or restoration of Flood% all Pump Station No. 9; and WHEREAS; it is necessary to authorize the Mayor to execute the Amendment. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY SECTION 1. That the City of Paducah hereby aLithorizes the Mayor to execute Amendment Number 2 to the Memorandum of Understanding belween the Department of the Army and the City of Paducah for work pro-,-ided or performed prior to execution of a Project Partnership .Agreement for Ohio River Shoreline, Paducah. Kentucky, Reconstruction Project. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. Mayor .ATTEST Tammara S. Sanderson. City Clerk Adopted b} the Board of Commissioners; August 9. 2016 Recorded b\ Tammara S. Sanderson. Cit\ Clerk, August 9. 2016 1mo�MOU-amend2-Ohio Ricer Shoreline Amendment Namber 2 To Memorandum Of Uriderstandi ng Between The Department Of The Army And The City Of Paducah, Kentucky For Work Provided Or Performed Prior To Execution Of A Project Partnership Agreement For Ohio River Shoreline, Paducah, Kentucky, Reconstruction Pro` ect THIS AMENDMENT NUMBER 2 TO MEMORANDUN OF UNDERSTAI�TDTNG is made and entered into this day of r 2016, by and between the �,Inited States Department of the Army (hereinafter referred to as the "Government"), acting by and thro,:gh the Commander and District Engineer, United States Army Engineer District, Loua-sville and the City of Paducah, Kentucky, a Horne Rule Class city organized and existing under and pursuant to the laws of the Commonwealth Y- -lir. lgh t. -, h(a ,-r' cif tne Ci, --y y- Paducah, Kentucky. WITNESSETH, THAT: WHEREAS, on the 28th day of September, 2015, the Government and the Non -Federal Interest did enter into a Memorandum of Understanding- for the performance of certain work prior to the execution of the Project Partnership Agreement for the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project; WHEREAS, by letter dated the 2nd day of. November, 2015, the Non -Federal Interest requested the amen=dment of paragraph 1, subparagraph a and subparagraph c as set forth in the above - referenced Memorandum of Understanding; WHEREAS, on the 11th day of December, 2015, the Government and the ,ion -Federal Interest did enter into an amendment= to modifying paragraph 1, subparagraph a and subparagraph c as se4 forth in the above -referenced Memorandum of Understanding; and WHEREAS, by letter dated the 10th day of June, 2016, the Nor. -Federal Interest has made an additioral request to amend paragraph 1, subparagraph a' as set forth in the above - referenced Memorandum of Understanding. !The September 2a, 2015 memorandum of Understanding is attached hereto as Exhibit 1, and all terms and conditions as set forth therein are incorporated herein by reference. =The December 11, 2015 amendment is attached hereto as Exhibit 2, and all terms and conditions as set forth therein are incorporated herein by reference. 'Paragraph I, subparagraph a as set forth in the December 11, 2015 amendment reads as follows: Replace Pump Station No. 9, pumps 1 and 2 as generally described in the above - referenced letter from the Non -Federal Interest. Replace r -c -eon as -:_n hal '1' ,aescr_uEd i -,he G�_-cve-_.eference' letter from the Non -Federal Interest. NOW, THEREFORE, the Government and the Non -Federal Interest agree as follows: 1. That the above --stated recitals shall be a part of this Amendment Number 2 to Memorandum of Understanding. 2. That this Amendment Number 2 to N.emcrandum of Understanding shall become effective upon tae date it is signed by the Commander and District Engineer, United States Army Engineer District, Louisville. 3. That paragraph 1, subparagraph a as set forth in the above -referenced memorandum of Understanding is hereby amended, in full, to read as follows: a. First: Replace Pump Station No. 9, pumps 1 and 2 as generally described in the above- referenced letter from the Non -Federal Interest. Second: Replace related Pump Station No. 9 components and reconfigure Pump Station 9 as genera -fir described in the November 2, 2015 letter from the Non -Federal Interest. 2 Third: Restore, rehabilitate, replace and/er reconstruct a Programmable Logic Control System for Pump Station No. 9 as generally described in the draft design docume-nts dated April 15, 2016. Fourth: Restore, rehabilitate, replace and/or reconstruct the roof of Pump Station No. 9 as generally described n the draft design documents dated April 15, 2016. G. All other terms, conditions, agreements, and covenants as set forth in the above -referenced Memorandum of Understanding shall remain in full force and effect. IN TESTIMONY EEREOF, witness the sicr.ature of the City xi st ina ,.aer and-, s-ua, v _ z e _'&,w_- J f t -l -e Co? ?lonwc a _ _ n Kentucky, by its duly qualified and elected Nayor, Gayle Kaler, p'ars'uant to a Ordinance duly passed and adopted by the affirmative vote of a majority of the duly qualified and elected members of the Board of Commissicrfexs, City of Paducah, Kentucky, this day of , 2016. Lain ATTEST: CITY OF PAD CA -H, KENTUCKY Gayle Kaler, Na�,or, City cf Paducah, Kentuclky Tammara S. Sanderson, City Clerk, City of Paducah, Kentucky 1N TEST'IMMONY jIJHEREOF, witness the s-enature of the United States Department of the Army, actLng by and through the Commander and District Engineer, United States Army Engineer District, Louisville, this day of 2016. 3 BY; UNITED STATES DEPARTMENT OF THE ARMY, ACTING BY AND THROUGH TEE COMMANDER AND DIS'T'RICT ENGINEER, [_'NITED S'T'ATES ARMY ENGINEER DISTRICT, LOUISVILLE Christopher G. Beck Colonel, Corps Cf Enoineers Commander and D Strict Engineer, United States Army Engineer. CERTIFICATE OF AUTHORITY I, W. David Denton, Denton Law Firm, PLLC, do hereby certify that I am the principal legal off-cer of the City of Paducah, Kentucky, that the City of Paducah, Kentucky is a legally constituted public body with full autherity and legal capability to perform the terms of this Amencdment Number 1 to Memorandum of Understanding between. the United States Department of the Army and the City of Paducah, Kentucky in connection with the Proposed Work to be protrided or performed prior to the execution of a Project Partnership Agreement for the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project and that the person who executed t'.2is Amendment Number 1 to Memorandum of Understanding on behalf of the City of Paducah, Kentucky has acted within her statutory authority. irditness the signature of W. David Dentcn, Denton Law Firm, PLLC, City At�torney, City of Paducah, Kentucky, this day of 2016. 4 CITY OF PADUCAH, KENTUCKY W. David Denton, Denton Law Firm, PLLC, City Attorney, City of Paducah, Kentucky Julv 13, 2016 Rick Murphy, P.E. City Engineer & Public Works Director 10, June 2016 1 CITY OF PADUCAH 300 South 5th Streer P Q, Box 2267 Paducah, KY 42002-2267 i-Niis%paducahky.gov Colonel Christopher G. Beck, P.E. District Commander US Army Corps of Engineers, Louisville District P,O, Box 59 Roorn 751 Louisville, KY 40201-0059 Attn: Ms, Linda R. Murphy, P,E; , I'NUI (tror LLL Internal Distribution) Deputy District Eitginee:r, Cf,.LrRL-DP Re: Obio River Shoreline, Paducah Kentucky Reconstruction (Project) MOU Amendment Request Dear Colonel Beck: Phone: (270) 444-8511 Fax: (270) 444-8689 Please recall my correspondence of request to you of 9 September and 2 November 2015, regarding the above referenced subject, Whereas the City of Paducah's (Sponsor) requests were received by the USACE Louisville District (District) and an appropriate MOU was executed 28 September 2015 and a subsequent Amendment Number 1 was executed 11 December 2015 between the District and the Sponsor. As you are also aware, more recent complications within the USACE Civil Works protocols prevented our project from moving forward upon our Project Authorization becoming invalid. Additionally, the $5,5 million budgeted in the Energy and Water Development and Related Agencies Appropriations Act were not funded due to the complications associated with our Project's compromised Authorization. The Sponsor's current understanding based on the information it has received from the USACE Louisville District (District) is that the government cannot participate in ANY reconstruction efforts associated with this project at this time. With this understanding, compounded by the fact that the government is unable to determine when ANY tangible Project Reconstruction funding may become available has put the citizens of Paducah at risk. For the record, the USACE and Sponsor are acutely aware that the Paducah LFPP Pump Stations No, 2 and No. 9 are in a condition that warrants their immediate need for reconstruction and can no longer be delayed, Therefore, given these circumstances, the Sponsor is now leRvith its only alternative of hiring Colonel Christopher G, Beck, P1. an outside qualified professional cugineering consultant (Consultant) to provide ALL of the appropriate engineering services that remain to successfully facilitate the complete reconstructive effort for the Paducah LFPP Pump Stations No. 2 and No. 9 as currently understood by the I{�rtuch urverro�ee sa.n.r EOUAL OPPORTUN17-Y EMPLOYER Colonel Christopher G. Beck, P.B. 10 June 2016 Page 2 of 3 District and Sponsor, It should be noted the design documents and construction documents initiated by the District are as of this date incomplete. Therefore, the Sponsor in conjunction with its Consultant must assume the current design documents from the District in order to expedite the reconstruction of Pump Stations No. 2 and No, 9. As the Sponsor and Consultant move the Project forward, they may encounter Project omissions, design oversights, discoveries and/or complications left by the District while finalizing the Paducah LFPP Pump Stations No. 2 and No. 9 reconstruction documents. Should this occur, all said encounters will be corrected and properly illustrated in the final design and reconstruction documents. Given the discussion herein, the Sponsor must now formally request of the District to draft an additional "Amendment" that addresses the status of the previously executed NOUand its Amendment Number I and that will address/include the following bulleted items: • Tlne USACF will p!c;vide the Sponsor for the Sponsor's use or the use of the Sponsor's Consultant's use :he most up to date digital version of ALL native CADD, Word Documents and Specifications that it has generated for the complete reconstruction for both Pump Stations No. 2 and No. 9. • Given that Pump Station No. 9 has been documented in great detail through Sponsor's correspondence and by identified MOU and its Amendment Number I herein, the USAGE will recognize the Sponsor's by-pass/temporary pumping expenses hi, association with Pump Plant No. 9 from 29 December 2015 through 2 May 2015 as part of the overall Pump Plant No. 9's reconstructive effort. • The USACB will recognize all of the Sponsor's non -force account expenses paid to but not limited to outside Consultant(s) originating with the completion of the design, specifications and reconstruction documents through the comprehensive reconstruction for Pump Stations No. 2 and No. 9 as an "Authorized Project Cash Match" upon the final accounting/auditing being performed on the overall Ohio River Shoreline, Paducah, KY project. • The USACE will recognize all of the Sponsor's non -force account expenses paid to but not limited to outside vendors, suppliers and contractors of whom may be awarded contracts anddfor may receive purchase orders from the Sponsor throughout the comprehensive reconstruction for Pump Stations No. 2 and No. 9 as an "Authorized Project Cash Match" upon the final accounting/auditing being performed on the overall Ohio River Shoreline, Paducah, KY project. • In the event the Sponsor and/or its Consultant encounter Project omissions, design oversights, discoveries, discrepancies and/or complications while finalizing the Paducah LFPP Pump Stations No. 2 and No. 9 reconstruction documents, all said encounters integral to the Project will be corrected, properly illustrated in the final design documents and executed during the Project's reconstruction. All of the expenses associated with these encounters may be considered as an "Authorized Cash and/or In -Kind Match" determined through force or non -force account expenditures. • Permit the Sponsor to receive "Authorized Project In -Kind Credit" for all expenses it will incur to remove, restore, rehabilitate, replace and/or reconstruct any/all flap gates stated within the subject Colonel Christopher G. Beck, RE. 10 .lune 2016 Page 3 of 3 LFPP's aforementioned authorization documents. This portion of the Project is characterized as "Priority No. 2, Flap Gates." • Permit the Sponsor to receive "Authorized Project In -Kind Credit" for all expenses it will incur to permanently sea) and/or modify several of the LFPP's 47 movable closures that have become obsolete to commercial use and access to the Ohio River. This portion of the Project is also described within the subject LFPP's authorized documents and has been characterized as "Priority No. 3, Seal Closures," As stated in previous correspondence, given the USACE and Sponsor have executed a PED Agreement for the Project's overall design and has yet to execute a Project Partnership Agreement, (PPA), the Sponsor is burdened for 100% of the repairs, restorations, rehabilitations, replacements and/or reconstruction to ANY/ALL previously authorized components of the Project. As of this date, the Sponsor docs not reccivc the aforementioned credits as the execution of a PPA has not occurred, rendering the Sponsor's cffoils ineligible by the goverment. Thcreibre, as the circumstances sor the Sponsor's LFPP are constantly changing while the government process for (lie reconstruction for this Project lingers on, I am appealing to your office to "Amend" the current MOU to address and to allow the Sponsor to receive "Authorized Project In -Kind Credit" as discussed herein. In conclusion, the Sponsor is heretofore snaking a formal appeal and request to the District to immediately pursue an Amendment to the current MOU discussed herein, allowing the Sponsor to receive "Authorized Project "Cash and/or In -Kind Credit" for those items listed in the bulleted points above, as well as any additional Project authorized component failures integral to the Project that may fail prior the USACE and Sponsor having the opportunity to execute a PPA, Your assistance and response to this formal request is greatly appreciated. in the event that you or members of your team may have any questions regarding this request, please do not hesitate to contact me at the telephone number listed above or my cell phone, (270) 994-7396, Regards: Rick Murphy, E. City Engineer & Public orks Director C: Jeff Pederson, City Manager, via email Honorable Gayle Kaler, Mayor, via email John R, Bock, RL, USACE, LR.L Chief, Engineering Division, via c;nail Michael Moore, USACE, LRL Project Manager, visa email Rick Murphy, PE, City Engineer 2 November, 2015 Colonel Christopher G. Beck, P.E. District Commander US Army Corps of Engincers Louisville District 11.0. MIX 59 Ronin 75; Louisville, KY 40201-0059 e� CITY OF PADUCAH 300 South 5th Street P. O, Sox 2267 Paducah, KY 42002-2267 www.paducahky.gov Attar Ms. Linda R. Murphy, P.E., PMP (For LRL Internal Distribution) Deputy District Engineer, CELRL-DP Re; Ohio River Shoreiine, Paducah Kentucky Reconstruction (Project) MOU Amendment Request Dear Colonel Beck; Phone: (270) 44-1-85S l Fax: (270) 444-8689 Please recall my correspondence of request to you of 9 September, 2015, regarding the above referenced subject. Whereas the City of Paducah's (Sponsor) request was received by the USAGE Louisville District (District) causing an appropriate MOU to be drafted and properly executed between the District and the Sponsor. Please also note, at the time I drafted my original request of September, 2015 the Sponsor had every intention of executing the bulleted requests as originally outlined. However, upon my attempt to execute the rehabilitation and/or rebuilding the pump components at Pump Station No, 9 it was quickly discovered that the availability or the existence of the necessary parts were not readily available, Furthermore, should the Sponsor been able to acquire and IF the Sponsor were able to acquire and implement the necessary pails to restore Pump Station No. 9's existing motor and pump configurations, we (District and Sponsor) would not expect to gain an additional 50 year- design life from this station. Please recall, the design team's targeted design life goal for the Project's reconstruction is for an additional 50 years, Notwithstanding, it has been brought to my attention by District personnel that the aforementioned MOU associated with this particular subject is in need of amending due to the Sponsor's inability to "rebuild" said pump components at Pump Station No. 9 described herein. Therefore, I am appealing to your office EQUAL OPPOPTOVrY EMPLC?YFR I<M lf�i -la► TOS 7-BOU-L47CF 10 Colonel Christopher G. Beck, RE. 2 November, 2015 Page 2 of 3 to have a proper Amendment drawn to our executed MOU dated 28 September, 2015 that reflects the following; • Pump Station Ne. 9; Pump No, 2 has failed and must be rebuilt in-kind, restored and/or replaced with modern pump equipment. Pump No. l has excessive vibration and is considered marginal at best, Therefore, given Pump Station's No, 9 current configuration and fast approaching high water season, it is my request, post pursuit of the "rebuilding/rehabilitating both Pump Station No. 9 pumps 1 & 2 In -Kind," to be abandoned and an immediate pursuit of "replacing both pumps No 1 & 2 xvith dry well submersible pumps" as previously authorized. Additionally the pursuit or this amended recommendation will invariably cause the need to replace related Pump Station No. 9 pump components. Therefore, the amendment to the current MOU should allow the Sponsor the freedom to execute the needed manpower, equipment and labor rlecessany for PLw1p, Sialion No, s that in r fulcti nai pomp s;alion h,lvirq' ilii displacement capacity equal to or greater than its original design. As such, the Sponsor is requesting to receive "In -Kind" credit For all of its expenses in association with the Sponsor's entire effort to reconstruct Pump Station No, 9. • Permit the Sponsor to receive "Authorized Project In -Kind Credit" for all expenses it will incur to remove, restore, rehabilitate, replace and/or reconstruct any/all iizp gates stated within the subject LFPP's aforementioned authorization documents. This portion of the Project is characterized as "Priority No. 2, Flap Gates." • Permit the Sponsor to receive "Authorized Project In -Kurd Credit" for all expenses it will incur to permanently seal and/or modify several of the LFPP's 47 movable closures that have become obsolete to commercial use and access to the Ohio River. This portion of the Project is also described within the subject LFPP's authorized documents and has been characterized as "Priority No. 3, Seal Closures." As stated in previous correspondence, given the USACE and Sponsor have executed a PED Agreement for the Project's overall design and has yet to execute a Project Partnership Agreement, (PPA), the Sponsor is burdened for 100% of the repairs, restorations, rehabilitations, replacements and/or reconstruction to ANY/ALL previously authorized components of the Project. As of this date, the Sponsor does not receive the aforementioned credits as the execution of a PPA has not occurred, rendering the Sponsor's efforts ineligible by the government. Therefore, as the circumstances for the Sponsor's LFPP are constantly changing while the government pro-.ess for the reconstruction for this Project lingers on, I am appealing to your office to "Amend" the curren'. MOU to address and to allow the Sponsor to receive "Authorized Project In -Kind Credit" as discussed herein, In conclusion, the Sponsor is heretofore making a formal appeal and mquest to the District to immediately pursue an Amendment to the current MOU discussed herein, allowing the Sponsor to receive "Authorized Project In -Kind Credit" for those items listed in the bulleted points above, as well as any additional Colonel Christopher G. Beck, P.E. 2 November, 2015 Page 3 of 3 Project authorized component failures integral to the Project that may fail prior the USACE and Sponsor having the opportunity, to execute a PPA. Your assistance and response to this formal request is greatly appreciated. In the event that you or members of your team may have any questions regarding this request, please do not hesitate to contact me at the telephone number listed above or my cell phone, (270) 994-7396, Regards GD Rick Murphy/P E v .Cii)' E;aiueyy; 4 Fuir',ic ,Voa<s i3ireator Jeff Pederson, City Manager, via email Honorable Gayle Kaler, Mayor, via email John R. Bock, P.E., USACF„ LRL Chief, Engineering Division, via email Michael Moore, USAGE, LRL Project Manager, via email Richard G. Kaiser, Brigadier General, J.S. Arany, via email Jennifer A. Greer, USACE Headquarters, Chief, Future Directions Branch, via email Amendment Number 1 To Memorandum Of Understanding Between The Department Of The Army And The City Of Paducah, Kentucky For Work Provided Or Performed Prior To Execution Of A Project Partnership Agreement For Ohio River Shoreline, Paducah, Kentucky, Reconstruction_ Project THIS AMENDMENT NUMBER 1 TO MEMORANDL�i OF UNDERSTANDT NG is made and entered into this 114k\ day of pecerniper 2015, by and between the United States Department of the Army (hereinafter referred to as the "Go�,,ernment"), acting by and through the Commander and District Engineer, United States Armv Engineer District, Louisville and the City of Paducah, Kentucky, a Home Rule Class city organized and exi st.i:)g urcrr and pursuant to the laws ci the Commonwealth referred to as :-he Interest"), acting- by and through the Mayor of the City Of Paducah, Kentucky. WITNESSETH, TH.Tff : WHEREAS, on the 28th day of September, 2015, the Government and the Non --Federal Interest did enter into a Memorandum of Understanding for the performance of certain work prior to the execution of the Project Partnership Agreement for the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project, and WHEREAS, by letter dated the 2nd day of November, 2015, the Non -Federal Interest has requested the amendment of paragraph 1, subparagraph a and subparagraph c as set forth in the above -referenced Memorandum of Understandina. NOW, THEREFORE, the Government and the Non -Federal Interest agree as follows: 1. That the above -stated recitals scall be a part of this Amendment Number 1 to Memorandum of Understandina. 2. That paragraph 1, subparagraph a as set forth in the above -referenced Memorandum of Understanding is hereby amended in its entirety to read as follows: Exhibit 2 a. Replace Pump Station No. 9, pumps. 1 and 2 as generally described in the above -.referenced letter from the Non -Federal Interest. Replace related Pump Station No. 9 components and reconfigure Pump Station 9 as generally described in the above -referenced letter from the Non- federal Interest. 3. That paragraph 1, subparagraph c as set forth in the above -referenced Memorandum of Understanding is hereby amended in its entirety to read as follows: c. Permanently seal and or modify a reasonable number not to exceed twelve (12) as compared to the number set forth in the feasibility study of movable closures as a+Gre- Gale described in the above -referenced ftom the Non"Fe6tYal Tnl�e_, st. 4. All other terms, conditions, agreements, and covenants as set forth in the above -referenced Memorandum of Understanding shall remain in full force and effect. TN TESTIMONY WHEREOF, witness the signature of the City of Paducah, Kentucky, a Home Rule Class city organized and existing under and pursuant to the laws of the Commonwealth of Kentucky, by its duly qualified and elected Mayor, Gayle Kaler, pursuant to a Ordinance duly passed and adopted by the affirmative vote of a majority of the duly qualified and elected members of the Board of Commissioners, City of Paducah, Kentucky, this 4�day of r2C&,Ey�f3EF 2015. This Amendment Number 1 to Memorandum of Understanding shall become effective upon the date it is signed by the Commander and District Engineer, United States Army Engineer District, Louisville. P CITY OF PA.DJCAH, KENTUCKY 11 ATTEST: Tammara S. Sanderson, City Clerk, City of Paducah, Kentucky IN TESTIMONY WPEREOF, witness the signature of the United States Department of the Army, acti»g by and through the Commander and District Engineer, United States Army Engineer District, Louisville, this th day of 10ec.en,ber 2015. This Amendment Namber 1 to Memorandum of Understanding shall become effective upon the date it is signed by the Commander and District Engineer, U-nited States Army Engineer District, Louisville. UNITED STA7"ES DEPARTMENT Cr THE ARIMY, AC'T'ING BY AND THROUGH THE COKKI NDER AND DISTRICT ENGINEER, UNITED STATES ARMY ENGINEER DISTRICT, LOUISVILLE BY: _ /,L L Christopher G. Beck Colonel, Corps of Engineers Commander and District Engineer, United States Army Engineer District, Louisville 3 CERTIFICATE OF AUTHORITY 1, W. David Denton, Denton Law Firm, PLLC, do hereby certify that I am the principal legal officer of the City of Paducah, Kentucky, that the City of Paducah, Kentucky is a legally constituted public body with full authority and legal capability to perform the terms of this Amendment Number 1 to Memorandum of Understanding between the Un'Lted States Department of the Army and the City of Paducah, Kentucky in connection with the Proposed Work to be provided or performed prior to the execution of a Project Partnership Agreement for the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project and that the person who executed this Amendment Number 1 to Memorandum of Understanding on behalf of the City of Pad-Licah, Kentucky has acted within her statutory authority, W tness the signature of W, David Deaton, Denton Law Firm, PLLC, City Attorney, City of Paducah, Kentucky, this 3r_D day o f _ ��#-7� �1? , 2015, CITY OF PADUCAH, KENTUCKY BY: 1L— :L�k W. David Denton, Denton Law Firm, PLLC, City Attorney, City of Paducah, Kentucky 4 MUNICIPAI, ORDER NO. 1 0) AD pT O A MUNICIPAL ORDER AUTHORIZENG THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPAIZTMENT OF THE ARMY AND THE CITY OF PADUCAH FOR WORK PROVIDED OR PERFORMED PRIOR TO EXECUTION OF A PROJECT PARTNI;A HIP AGREEMENT FOR THE OHIO RIVER SHORELINE, PADUCAH, KENTUCKY BE IT ORDERED BY TRE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authc62es the Mayor to execute a Memorandum of Understanding between the Department ofth� Army; represented by the U,S. Army Engineer, Louisville District and the City of Paducah for work provided or performed prior to execution of a Project Partnership Agreement for Ohio River Shoreline, Paducah, Kentucky. SECTION 2. This Order shall be in fu11 force and effect from and after the date or its adoption. A ST: Tammua S. Sanderson, City Clerk Adopted by the Board of Corrunissioners, September 22, 201 S Recorded by Tauiniam S. Brock, City Cleric, September 22, 2015 1mo1MOU-Ohio River Shoreline MEII'ORIHNDUM OF UN'DERSTAND'IdG BETWEEN TAE DEPARTMENT OF THE ARVY AND THE CITY OF PADUCAH, KENTUCKY FOR WORK PROVIDED OR PERFORMED PRIOR TO EXECUTION OF A PROJECT PARTN'ERS:;IP AGREE°?SN'-' FOR OHIO RIVER SKORELINE, PAD -CAH, _r<E1\1TUCKY, RECONSTRU: ICN PROTECT THIS MEMORANDUM OF UNDERSTnNUING (hereinafter referred: 20 as _S .. .._ :.._. F uL,fh _� SeP e,Y,be� 2015, by and ?etSneer, tl e l:nii ed Stcate Department of the Army (hereinafter referred to as the rC�er:_?ient , acting by and through the 1.0mman0er and District Engineer, United States Army Engineer District, Louisville and the City of Paducah, Kentucky, a Home Rule Class city organized and existing under and pursuant to the laves of the Ccmmonwealth of Kentucky (hereinafter referred to as the "Non -Federal Interest"( , acting ty and through the [payor of the City of Paducah, Kentucky. WITNESSETH, THAT: [WHEREAS, Section 221 (a) cf the Flood Control Act of 1970, as amended by Section 2003 of the Vater Resources Developmenr Act of 2007, provides that a ccst sharing partnership agreement may provide credit for the value of materials cr services provided before the e,�ecuticn of such cost sharing partnership agreement if the Secretary and tre non -Federal interest enter intc an agreement under w.n.--ch the non -Federal interest shall carry out such work and cnly work carried out fc: 1cwir.o the execution cf such agreement shall be eligible for credit; WHEREAS, the Non -Federal interest unaerstands and acknowledges shat any crecit for eligible in-kind contributions will be afforded only toward -_ne required nen-Federal contribution of funds (i.e. cash contribution) under the Project Partnersh_p Agreement fof the project or separable element of zhe project except sacs credit wily nct be affcrdeo toward the non -Federal regatrement to provide in cash 5 percent of the costs allocated to stractaral flood damage reduction., and V; ERFAS, by letter dated t: ".e 9tr day of September, 2015, t'. -e Non: -Federal interest stated its ;rarer- to perfcrr certa work hereinafter referred to as t -ie "Prcocsed 'iCrK , aS de' -r -co. J n 4aragraph I of this MI'DL) pr --or �C me execut_c:: cf the Prc-ect Part-ershi o Agreement for zhe Chi o River S' c eilne, - aoucah, Cent'uCky, Reccnst.LU -C... _ _ ;eCt , LcrES; agree as CV I 7F 1. The Nor, -Federal interest scall provide cr perfcrir. the Proposed Gdcrk in accordance with the teras and cendizions of tri -ILS P4QC'. The Proposed ,vcrk shall consist of: a. Rebuild/rehabilitate both of Pump Station Nlo. pumps 1 and 2, respectively, as generally cescribed in the above -referenced '_etrer from the Ncn-Federal Interest. b. Restore, rehabil-tate, replace and/or reconstruct any/all flap gates as generally described sr, the above- refererced letter from the Non --Federal Interest. c. Permanent y seal eight movable closures as generally described in -ane above -referenced letter from the ?von -Federal Interest. 2. The Kaon -Federal interest shall develop all necessary engineering plans and specifications for the Proposed -Kcrk. 3. The ?nor. -Federal _nterest shall complete all necessary env_rcn ental cccrdinaza.on ana cbrain all applicable Federal, State, and local permits required for t?^e pef f crma:-:ce c_ t.".e . rcposed 'Nior k . 2 4. ''"he c:! -Federal Tnterest shall comply faith the appiicab':e Qrevisiens of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, Public Law 9I-646, as amen-ded (42 U.S.C. 46G1-41655), and the Uniform Reg'alations conta-ned in 49 C.F'.R• cart 24, in acquiring lands, easements, and rights-of-way required for ccnsLruction and subsequent operation and Maintenance of the Proposed Work, and inform all affected persons cf applicable benefits, cci_cies, and procedures in connection w tF-, Said' Act. '�c h -ng an iS mc Ea ES any d'utV, l i Cat1C , reS1JCr:S- i- C)T for 4r,e Any ac:iv_ty ndErtaken by u:~e Nc n-tederaL lnte_rest for the -implementation of t1:e rr^:,ocs`d a- -r.e Non. -Federal interrsr ' s C)w 6. The Non -Federal Tnterest shall keep bc:,ks, records, docur,-,ents, and other ev_:-ence pertaining to costs and expenses =_-erred pursuant to this NOU to the exte::t and in such detail as wi11 properly reflect total costs for the PrCposed ir;cr.k and. the Non -Federal interest shall make SUCK evioence available fcr inspectio:, and audit by authorizes representatives of t`;e Government. 7. The Non -Federal Interest understands t - any costs incurred for the clean-up of hazardous material regulated by the Comprehensive Envircnmer_tal Response, Compensation, and Liability Act 'hereinafter "CERCLA"; 42 U.S.C. Sections 960L -9'C`15), that may exist in, on, or under lands, easements, or r ahts-c=-way required fcr tine Proposed Nlork are a Non -Federal Interest responsibilit�l and that no credit mall be afforded for such clean-up costs. In addition, the Ncn-Federal Interest understands that as j-_Ew.Yreen the Gcvernmena:-d ti'.e Ncn-F'edera_Interest, the P\Ci'"'-FeCeral i-terest shall be consioered the operator of the Frdpcsed ;cork for the pk:rpeses cf CtRCL7+ liability. t; -e n.aximim extent practicable, the Nor: -Federal Tnterest Shall- operate, naintain, repair, replace, and rei:abil=tare the PrcpcsPd Wor-K in a inanner that will rot ca -.:se liability tc arise un er CER.C.LA. 3 B. he parties to this MCU shall each act in an independent capacity in the performance of their respective functions ander this MCU, and neither party is to be considered the officer, agent, or employee of the other. 9. 7'je Ncn-Federal Interest understands nat to be ellgible for wredit fcr th.e costs of the Prcpcsed '.1Drk: a. ,'e _T' st make G that the Prcpcsed Work is intea al to the project; The Prcpcsed Work s} -all be subject to a revie-vj or Cn-site r:spectiCr, as applicable, and certification by :he GcvtrT'men t tnaL the 'v.ork Inas accCTiplis:neo in a satisfactcry manner and in CCrd CP with appllcabl.e Federal laio's, c. The costs for the Proposed `Mork that may be elioible fcr credit shall be s bject to an a,L:dit by the Gcvernmenz ; c determine the re ascnubleness, allocahility, an -i aliCn'cbi i y Cf Such costs; d. The costs tncurreo for the Proposed 6Iork are nct subject to interest charges, nor are they subject to adjustment to reflect chances in price levels between the time the Proposed Work is completeci and t" -:e time that credit may be afforded; e. The Pic, -Federal Interest shall not use Federal program funds feiLher funds or grants provided by a Feceral agency as we'_ as any non -Federal matching share or cont-'--ution that was required by such Federal agency for sack program cr grand for the Proposed Vcrk un'ess the Federal agency providing the Federal portion of such funds verifies in writii,C that expenditure of si_.ch funds for such purpose is expressly authorized by Federal .law; f. Only the costs cf the Proposed Wcrk that do nct exceed the Ccvernrr.enL' s estimate of the cost of such o-<ork if the work been accomplished by the Goverr.ment may be eligible fcr credit; q. T-nY contract awarded for the Proposed Work shall include provisions consistent with all applicable Federal laws and reg_.laticns and the Ncn-Federal 1~iterest shall comply with all applicab_e Federal and State laws and reou,aticns, _ncluding, but not limited to Section 601 of the Civil Rights Act of 1964, Public Law. 88-352 (42 U.S.C. 2C'C0d), and Department of Defense Directive 5500.11 issued pI�rsuar7_ thereto, as well as Arrr:y Regulatia:r 600-7, er.ti tiled "�ondiscrim.ir.ation on the Basis of F'andican in Procrams and ;activities Assisted or. Conduced b\, the �epartmer:t of h. :he Avon-rederal Interest must comply wl' L'7 c� -Cade `_'e-_Zera1 labcr la.,,,s covering no]-:''ederal b Si enacting wlthcut suostantive chance the p--ovisicns of -he Davis-Pacon Act (formerly 40 U.S.C. 276a et seg.), the Contract Work ricurs and. Safety Standards Act (formerly 4C, U.S.C. 327 et seg.), and the Copeland Anti -Kickback Act (formerly 4-0 U.S.C. 276c)); and i. Crediting for the costs of the Proposed Work may be wit:fhe:ld, _n whole or in part, as a result of the Ucn- Federal Interest's failure to cczrply with the terms of this MOU . 10. Tf t_"e parties acree to enter into a Project artr.ership Acreer.ent for the Ohio River Shoreline, Pauucah, Ken _,C'.ky, ReccnstrLictlon Project at Paducah, Kentucky, then the Project Partnership Acreement contain previsions regarding affording credit for costs of the Proposed Work, if the Secretary deterrr:ines that the P-rcpcsed [,crk is integral to the project. 11. Execution of this MCU shall T.ot be interpreted as a 7eoeral assurance recardinc later approval of any pro-ect; shall not cc. emit the United States to ani type of reimbursement or credit for the Proposed r;crk, does not alter any process to be fcilcved by tyle Ccvernmenu ir. making a determ:;inaticn to execute a future Project Partnership Agreement; ;or does it provide any assurance that any future agreement will ever be executed for t ,e prclect, the Proposed [work, or any portion of the prc-"ect. Further, this MOU shall not be interpreted --o signify any Federal Participation in or commitment to -he project or the Proposed Work, Finally, this MOU shah not be ccns:rued as committing the Government to assume any responsibility placed upon the 'cn--Federa! Interest or any other non -Federal entity or as preventing _he Government from modifying the project that ccui d res lL in the Proposed [Fork performed by the Igor.: -Federal Interest no longer being an integral part of the design of 0e project. :N TESTIMCNY WHEREOF, witness the sjq.__tu_e of the Ci -,_y of existing under and pursuant co t"e ii.. Kentucky, by its duly qualified and elected 'Mayor, Gayle Kaler, pursuant tc a Crdinance duly passed and adcp:ed by the affirmative vote of a majority of the duly -4ualified and elected members of the Board f Commissioners, City of Paducah, Kentucky, this day of b��', 2015. nhis HOU shall become effective upon the date it is signed by the Commander and District Engineer, United States Army Engineer District, Louisville. BY: CITY OF PADUCAH, XENTUCKY Gayle aler, IJaycr, City of Pa , Kentucky A' ;EST : A, own" 'i S. Sanderson, City Clerk, City of Paducah., Kentucky r C IN TESTIMONY WHEREOF, witness the signature of the United States Department of the Army, acting by and through the Commander ano. District Engineer, United States Army Engineer District, Lcuisville, this 10 01� day of Sep--tmi)er , 2015. This 1,70U shall become effective upon the date it is signed by the Commander and District Engineer, United States Army Engineer Distfict, Louisville. UNITED STATES DEPARTMENT OF T'HE ARIvY, ACTING BY AND TH -,OUG�4 THE C01:,f1,1ANDER AND DISTRICT ENGINEER, UNI'7ED STATES ARN.'_' ENGINEER UIS"-RIC7, LOUISVILLE BY: Christopher G. Beck Colonel, Corps of Engineers Commander and District Engineer, United States Army Engineer District, Louisville CERTIFICATE GE AUTHORITY I, -Va, David Denton, Denton Law Firm, FILO, do hereby cerzify that I am the principal legal officex of the City of Paducah, Kentucky, that the City of Paducah,, Kentucky fs a legally constitutes public body with full authority and legal capability to perform the terms cf the I•:OC.' Letweer, the United States Department of the Army ar,d the City cf Paducah, Kentucky in connection.+,,ith the Proposed V,oxk to be provided or performed prior io the execution cf a Frc�ect Partnership Agreement for the Chic River Shoreline, Paducah, Kent-ocky, Reconstruction Project ar.d that the person mho executed this [�.'OU on behalf cf tl:e City cf Paducah, Kentucky has acted witl.yn her statutory authority. witr.ess the sior,ature of Vd. David Denton, Denton Law Firm, PLLC, City Attcrney, City of Paducah, Kentucky, this day of (_¢,,- � 2015. CITY OF PADUCP.H, KENTUCKY W, David Denton, Denton Law Firm, PLLC, City Attorney, Ci:y of Paducah, Kentucky - ':UCKY. rI1hL SEC:; is K Ei:SER'_4, 2 C nC EC: N.F.':HEEn Agenda Action Form Paducah City Commission Meeting Date: 9 August 2016 Short Title: FLOODWALL PUMP STATION #2 REHABILITATION — DRA COMMUNITY INFRASTRUCTURE FUND (CIF) ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Rick Murphy, Sheryl Chino Presentation By: Rick Murphy Background Information: The Delta Regional Authority (DRA) works to improve regional economic opportunity by helping to create jobs, build communities, and improve the lives of the 10 million people who reside in the 252 counties and parishes of the eight -state Delta region. DRA is offering for the first time the Community infrastructure Fund (CIF). CIF grants may be used for flood control, basic infrastructure development and transportation improvements to benefit communities with the greatest infrastructure needs. The Engineering Department is proposing to submit a CIF appli;,ation to Pump Station �-2 at the floodvrall improvements include: replacement of pump plant discharge pipes; rehabilitation of various mechanical components of all seven pumps and motors; replacement of the sluice gate; installation of a manual transfer switch; installation of a fused disconnect switch; replacement of motor gate actuators and controls; and, various appurtenances. The total preliminary project cost is estimated to be $5,105,000, which includes construction, engineering, and advertising costs. The city is applying for 1,014,500, which includes a mandatory administration cost of $14,500 to be paid to the Purchase Area Development District. The balance will be provided from the City's FY2017 budget. Goal: ❑ Strong Economy ❑ Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available Account Name: Account Number: Project Number: CFDA: Finance Staff Recommendation: Authorize and direct the mayor to execute all grant related documents; as well as, authorize the planning department to submit the CIF application through the DRA grants management web portal. Attachments: None ment' lead I City Clerk i -- City Manager MUNICIPAL ORDER NO. A 1VILTNICIPAL ORDER AUTHORIZING THE CITY'S PLANNING DEPARTMENT TO SUBMIT AN APPLICATION FOR A COIVIMUNITY INFRASTRUCTURE. FUND GRANT IN THE AMOUNT OF 81,014,500 FROM THE DELTA REGIONAL AUTHORITY FOR THE FLOODWALL PUMP STATION -42 REHABILITATION PROJECT AND AUTHORIZE THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO THE APPLICATION BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION I . The City of Paducah hereby authorizes the Planning Department to submit an application for a Community Infrastructure Fund Grant in the amount of 51.014.500 ti-orn the Deiia Pycojonel whoi'ii\ J'7r tilt I1Codv,°all Punlp Siat6ii `2 �t fiii!IlilLtilon l�:i jtCi. e�. mandatory administration cost of $14;500 will be paid to the Purchase Area Development District. SECTION 2. The Mayor is hereby authorized to execute all documents related to the grant application. SECTION 3. A 10% match is required from the Cily and \°ill be provided from the City's FY2017 budvaet. SECTION 4. This order shall he in full force and effect fi•om and after the date of its adoption. ATTEST: Tammara S. Sanderson. City Clerk Mayor Adopted by the Board of Commissioners August 9. 2016 Recorded by Tammara S. Sanderson. City Clerk. August 9. 2016 `'molgrantslcdbg-delta regional authorit-v-floodwall pump station 42 402 Delta Regional Authority — Community Infrastructure Fund (CIF) Floodwall Pump Station #2 Rehabilitation OF Program Background: The Delta Regional Authority (DRA) works to improve regional economic opportunity by helping to create jobs, build communities, and improve the lives of the 10 million people who reside in the 252 counties and parishes of the eight - state Delta region. DRA is offering for the first time the Community Infrastructure Fund (CIF). The newly created CIF grant program may be used for flood control, basic infrastructure development and transportation Improvements to benefit communities with the greatest infrastructure needs. The City is looking to quality the project under the Flood Control Criteria. This criterion is for projects with the purpose of alleviating flooding In economic development thoroughfares and supporting community viability. Flood control project can include levee/dam projects and dredging of inland ports. Project Scope The Engineering Department is proposing to submit a CIF application to rehabilitate Pump Station #2 at the floodwall, Improvements include: replacement of pump plant discharge pipes; rehabilitation of various mechanical components of all seven pumps and motors; replacement of the sluice gate; Installation of a manual transfer switch; installation of a fused disconnect switch; replacemen' o`, motor gate actuatcrs and controls: and various aDmW .,,an::es. Project Cost DRA— Construction/RehabActivities: $1,000,000 DRA— AdministrationtoPADD $ 14,500 Total Project Cost: $5,105,000 Project Importance • The City of Paducah operates and maintains the concrete and earthen levee system that extends 12.25 miles (9.25 miles of earthen levee and 3.0 miles of concrete). • The concrete wall in downtown Paducah is 14 feet in height. • The system includes 12 pump stations and several pipe gates, pipes, and 47 vehicular openings. • The floodwall provides a level of protection equal to the record 1937 flood plus three feet. • The floodwall protects and minimizes the flood risk for 11,000 acres and more than 25,000 people. • According to the US Army Corps of Engineers (USACE), an estimated $1.2 billion of City and County assets are protected by Paducah's floodwall protection system. • USACE and the City have been working together since 1998 to bring the components of the Floodwall (including the pump stations) to an "acceptable" rating. • USACE made an estimating error of omission for Pump Station #2, delaying USACE funding for at least 36 months. • Pump Station #2 services 1,826 acres and serves 3,271 households. • City has decided to pursue funding for rehab of Pump Station #2 without cost-sharing with USACE to ensure the health and safety of Paducah residents. • Pump Station #2 is experiencing 33% pumping capacity loss. • The loss of Pump Station #2 could lead to devastating flooding. • Pump Station #2 serves as the discharge station for the Joint Sewer Agency. Agenda Action Form Paducah City Commission Meeting Date: July 26, 2016 Short Title: Ridgewood Villas Final Subdivision and Villa Ridge 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 II, establish easements, establish >etback 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 approved an irrevocable letter of credit in the amount of $250,000.00 Funds Available: Account Name: A.cc, ct Number: i ., ---=e Motion Attachments: Planning Commission Resolution Irrevocable Letter of Credit Ridgewood Villas Final Subdivision Plat 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 Department ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Randy Crouch, EPW Maintenance Supt. Kathy Wyatt, EPW Admin Asst. ID Dena Alexander, EPW Admin As>t Qt 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 EPW Solid Waste Division. Theauthorized 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 forthis wheeled loader. The Kentucky Master Agreement number is MA 4758 1300000671. Goal: []Strong Economy ®Quality Services ❑Vital Neighborhoods []Restored Dowato"I's —_ %ILS J%)l Funds Available: Account Name:Rolling Stock' 'ehicles -Heavy _a Finance -_, A;count�;�.tmhor: 050-Z�1t-531-=1CC' — Staff Recommendation: To authorize the purchase of a neN John Deere 544K Wheeled Loader for use b} the EPN Solid Waste Division from ERB Equipment Co., Inc., for a quoted price of S 155,492.00. Attachments: Quote and Ky Master Agreement Information Agenda Action Form Paducah City Commission Meeting Date: duly 26. 2016 Short Title; Purchase of One (1) 2016 Backhoe Lower to be used by the Street Department 7I'Ordinance ❑ Emergency ❑ IMUnicipal Order ❑ ResolutlM❑ Motion Staff Work By: Randy Crouch, EPW Maintenance S.rpt. Kathv Wyatt, EPW Admin Asst, 11[ Dena Alexander, EPW Admin Asp- U1 Presentation By: Rick Nfurphy, P.E., City Engineer -Public Works Director ,Background Information: In accordance with the adopted Fleet Plan Budget, a new BacHtee Loader as authorized to be purchased for use in the EPW Street Division, The autltorir_,,d Kentucky State Contract vendor for a Case 590S\ Backhoe Loader is McKeel Equiptn�--at Co.. Inc.; located in Paducah, KY, who quoted a price of S 112,988.60 for this bacl.1cc loader. The Kentucky Nfaster Agreement number is 'NIA 1758130000')6173. Goal. ❑Strong Economy ®Qualits Services ❑Vita) Neighbo!hoods []Restored DoN nto�Nns Funds _available: ,account ?game: Rolling Stocic,'Vehicies =account Number: 071-0210-512-1005 Staff Recommendation; To authorize the purchase of a new Case 5905\ Bacl<hoe Load -,i- for use bV the FPW Street Division from McKeel Equipment Co., [tic., for a quoted price o!' S 112.988.60. Attachments; Quote and. K% Nlaster Agreement Information uAO 4,� Auld L-1,<ccidw cry 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. ID Dena Alexander, EPW Admin Asst fit 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 #758130000"73. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: RollingStock/Vehicles Fleet Lease Trust Fluid 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., for aquoted price of $51,498.71. �J(i�44 Attachments: Quote and Ky Master Agreement Information Agenda Action Form Paducah City Commission Meeting Date: July 26, 2016 Short Title: Purchase of One (1) 10 Cubic Yard Tom Cat Satellite Side Loader mounted on a 2017 Ford F550 Chassis to be used by the Solid Waste Department ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Randy Crouch, EPW Maintenance Supt. Kathy Wyatt, EPW Admin Asst. Hi Dena Alexander, EPW Admin Asst. IF 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 autho,ired to be purchased for use in the EPW Solid Waste Division. The authorized Kentucky Stale 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 quoted a price of $100,014.71 for this side loader. The Kentucky Master Agreement number is MA #758 1600000557-1 and #758 1100000911- 19. Goal: [-]Strong Economy EjQuality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Rolling Stock/Vehicles-Heavy�Fidat ce�� 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 Agenda Action Form Paducah City Commission Meeting Date: August 9, 2016 Short Title: Contract for 911 Wireless Communications Consultant Federal Engineering ®Ordinance ❑ Emergency ❑ Nfunicipal Order ❑ Resolution ❑ Modon Staff Work By: Steve Kyle, Brandon Barnhill Presentation By: Steve Kyle Background Information: In 2013, the city commission and fiscal court commissioned a review of E-91 1 operations. As a result of the report, recommendations were made to establish, a capital plan for replacement of equipment. Part of that plan would be identifying replacement equipment for the current equipment that has reached end of life. The Paducah/McCrac:lcen County Emergency Communications Board commissioned an RFQ/RFP for a Public Safety/Wireless Communications Consultant. The contracted services with the Public Safety/Wireless Communications Consultant will be for planning, design, and implementation assistance in the replacement of the current 911 system infrastructure, including a public safety radio/wireless communication system, a 911 telephony system, and computer-aided dispatch systems. The result of the review of the RFQ/RFP's submitted was the identification and recommendation of Federal Engineering, Inc., as the consultant to be contracted. The City Commission previously authorized $126,086.00 for half of the consultant fee. The 911 Communications Services DOp,artrnent r ,comniet,cls to attt e)r i e the cctr,ainina $126,08 .00 and to accept and n t';: Federal Engineering contract for $22,172.00. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ 2estorecl Dowrnto`vns Funds Available: Account Fame: General Fund, Unreserved Fund Balance Account Number: inance Staff Recommendation: Approve contract and provide the remaining funding for the Nvlreless communications consultant. Attachments: artin Icad City Clerk City Manager 195816 ORDINANCE NO. 2416 AN ORDINANCE AUTHORIZING AND APPROVING THE APPROPRIATION OF FUNDS FOR PURPOSES OF ENGAGING FEDERAL ENGINEERING, INC. TO PERFORM CONSULTING WORK FOIA CITY OF PADUCAH 911 COMMUNICATIONS SERVICES DEPARTMENT WHEREAS, the Board of Commissioners of the City o€Paducah recognizes that the 911 system infrastructure is one of the most important and critical aspects of providing and delivering public safety to its citizens and visitors; WHEREAS, the City of Paducah began 911 operations hely 1, 2016 as the 911 Communications Service Department; WHEREAS, the current 911 system infrastructure is near the end of its functional life; WHEREAS, bids were sought for a Public SafetyAVirQ1,oss Communications Consultant who could plan, design, and provide 'implementation assistance in the replacement of the current 911 system infrastructure. including a public safety radio/wireless communication system, a 911 teleph10M-";t.:En, Wd a k0111pu4.°r-aidCd dispatch system, WHEREAS, as the respondent that submitted the best bid, and as the best suited respondent to perform the professional engineering services in --ked. Federal Engineering. Inc. has been selected to perform the planning and design phases, and a portion of the implementation phase, of the consulting work for a fee of $252,172.00; WHEREAS, the City of Paducah previously enacted an ordinance authorizing payment of one-half of the fee to Federal Engineering; and WHEREAS, due to the current condition of the 911 egt6pment which will be utilized by this Department, it is imperative to immediately proceed with the consulting work by Federal Engineering. BE 1T ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The ;Mayor is hereby authorized to executea contract with Federal Engineering, Inc. for consulting services to pian, design, and provide limited implementation assistance of a Public Safety/Fireless Communication System, 911 Telephony System, and Computer Aided Dispatch System. SECTION 2. The Board of Commissioners of the City ,)['Paducah hereby approves and consents to the additional appropriation of funds in the amount cl'S 126,086.00, which represents the additional one-half of the consultant's fee for the two initial stages of the Public Safety/Wireless Communications Consultant project. SECTION 3. The Finance Director is hereby authorized to make said expenditure approved in Section 1 from the General bund, Un -reserved Fund Balance of the City of Paducah. K.entllckv. — wisioftSR_- s 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 an, of the remaining provisions of this Ordinance. SECTION S. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public; in full compliance with applicable legal requirements. SECTION 6. 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 7. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. MAYOR ATTEST City Clerk Introduced by the Board of Commissioners, 2016. 7016. Adopted by the Board of Commissioners, 2016. Recorded by City Clerk, 2016. Published by The Paducah Sun, _ PROFESSIONAL CONSULTING AGREEMENT This Professional Consulting Agreement made this day of Jul, 2016 by and between Federal Engineering, Inc., a Maryland corporation, having Offii es at 10600 Arro�N head Drive, Suite 160, Fairfax, Virginia 22030, (hereinafter called "FE") and the City of Paducah, Kentucky, a municipal corporation (hereinafter called the "City"), RECITALS WHEREAS, the City, along with McCracken County, Kentucky, and various public agencies and emergency responders in the City of Paducah and ikfcCracken County, are tite users of a 9-1-1 telephony system, various public radio and wireless communications systems and a Computer Aided Dispatch or `CAD" system, which includes: • the City of Paducah and McCracken County 9-1 -1 Telephone System; • the City of Paducah 800 MHz trunked radio system; • the 'McCracken County Emergency Manaoement 800 1QHz trunked radio system • the VHF radio system supporting various fire departments in 'McCracken Count,; • the VHF radio system support lvlercy Regional Ambulance Service; • the Computer Aided Dispatch Systen) (CAD) supporting the various public and emergency response agencies in the City of Paducah and McCracken Count\ (the "Current Systems"), 4VHf?REAS, the City desires to develop a new countywide 9-1-1 telephony system, public radio and wireless communications system and Computer Aided Dispatch or "CAD" system (the "New Systems') that will be owned by the City but also available to other public agencies and first responders in the Cite of Padoczlh and tiMccmckerr Cour>ty, includinz, but not limited to the Ci(\, oCP�iduc,th the Cit ofPtiducali Police the Ci1� of Paducah 91 i Department, yariou1 lir:"dt paCtnlellt5 located in C01 -flit -1. the ylerc� Regional :Ambnlance Service, the Paducah independent School System, the McCracken Cotn}n School Board, and the electric, water and SCWer utilities in McCracken Count\ ((he 1✓sel-s"): WHEREAS! tilt: Cit} of PadUCall and MCCracken CountN Enter,encN Col ML1nlCalionS Board (acting on behalf of the Cit% of Paducah and McCracken Coacty) issued a Request for Qualifications/ Proposals RFQ/RFP # 15-0 1 (the "RFP") 1`01- specialized professional carisultin« services related to the design, technical specifications, and implementation oCthe Nc%\ Systems; WHEREAS, in response to the RFP, FE submitted its Technical and COSI Proposals for Public Safety/ Wireless Communications Consultant dated Jul\ 10, 2015 to the Citi (.tile "Proposal"): WHEREAS, FE clarified its Proposal by issuing The City o(' Paducah, KY Arnendmeni I to the FE Public Safeti:'Wireless Communications Consultant Technical Proposal Jule 1 2016; WHEREAS, the City accepts FE's Proposal, and engages FE to perform the work for the City, as described and identified in the RFP and Proposal, for the compensation identified in the Proposal, subject to the terms, conditions, warranties and covenants contained in this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL TER -MS, CONDI'T'IONS, WARRANTIES AND COVENANTS DESCRIBED HEREIN, THE PARTIES AGREE AS FOLLO\VS: 1, CONTRACT DOCUMENTS: The performance of work by FE for the City is subject to the terms and conditions contained in the following documents (the "Contract Documents"): a. this Agreement; b. the RFP, a copy of which is attached hereto as Exhibit "A"; C. Addendum No. I to the RFP, a copy of which is attached hereto as Exhibit -;B!- ("Addendum No, 1"); d. Addendum No. 2 to the RFP, a copy of which is attached hereto as Exhibit "C"; e, the technical portion of FE's Proposal, a copy of which is attached hereto as Exhibit "D" (the "Technical Proposal"); F. the cost portion of FE's Proposal, a copy of which is altached hereto as Exhibit ..E" (the `Cost Proposal"); g. The City of Paducah, KY Amendment 41 to the FE Public Safety/Wireless Communications Consultant Technical Proposal July' 15, 2016 (the `Technical Proposal Amendment"), a copy of which is attached hereto as Exhibit "17"; arid h. Any Task Orders issued by the Cite and accepted byrE with a copy returned to the City. 2. STATEiMENT OF WORK: FE sha11 perform all work idemi fled or described in the Contract Documents, including but not limited to such specialized pl'9feSSiUllal C011Sti16114? services necessary to: a, conduct a complete and comprehensive inventor\. cv;alttation anti analysis of the xi5ti!iy, in l':�St1'!!C'!11'° . 11 ildl\r!I'f_' and scttw4lrC CC!i!.1 .'•i''s:0!1''_ i!!`' !hl Uun-cm sv'stenls, as wc11 as 311', Sit C 1:011 lit1011S that ;1i�1_• lk"' t11 operablili',. performance or connectivity of the New Systems, in-ILR( lig but not hinited w coverage and interference issues as described by the S� stem users: develop and identify the needs, demands and desires of tale Users �\ ith respect to the New Systems (the "Needs Assessment"); identify and evaluate the most appropriate radio and wireless communications system for a Count\TVide public agency and enlergen.�v responder radio and wireless communications system, and, iFat least one additional feasible alternative exists, identify the second most appropriate system: with input from the Users, make recommendations'() the Cit} regarding technical specifications for each of the Nevv Systems and develop and prepare those specifications; consult with electric, water, and other utility providers in the City of Paducah and iMcCracken County to ascertain the existence of potential conflicts or interference with respect to the New Systems; and identify and describe to the City and Users in writing t& -ie recommended and necessary changes to the Current Systems and any rotated or interconnected equipment, infrashYucture, hardware and soft\vare forconnectivity or interfacing with the New Systems; g. assist with the development of bids or requests for proposals and provide all technical assistance during the bid or procurement process; evaluate and review vendor proposals or responses to the requests for proposals For compliance \with the technical and non-technical aspects of the City's request for proposals; make recommendations regarding the acceptance oraon-acceptance of vendor proposals and responses to requests for proposals; provide 64 hours of experienced contract negotiations support and insight, including but not limited to providing insight into vendors' negotiation methods and practices, cost arialysis and review, and resolution o(negotiation issues; k. review and verify the design, drawings, fabrication, installation, acceptance and impletr{entation of the Ne\v Systems, including but not limited to those activities described on pages 18-21 of the Technical Response as bound by para,raph l .3.8 of FE's Cost Proposal. tcc;llccti\el\ retI'rred to as the "W'ork"). F'E, shall pcl'tol-m th't Work subject to the terms, :ClV'f11" II`,'XII lail, at i.i !h. While the Technical Proposal .Amendment deletes McCracken County, l<cnWck\ as a user 0f010 systems, other Users are located in McCracken Count\, Kentucke.thus all deletion references contained in the Technical Proposal Amendnient shall be to NlcCracken Count\, Kelztucl<\ as a user and site surve\s and analyses of current NIXiacken County systeins, and shall not apple to other Users located within the geographic area of.McCraeken Cowin , Kentucky. FE shall perform as part of the \Fork (and as part of the Fixed price compensation identified in Section 3 below) all work identified or described in the Technical Proposal. This shall not include all work described in the Technical Proposal as an "option" or 'optional". FE warrants that the `option" or "optional" tasks excluded from the Work are not needed to develop the functional and performance specifications for the City to acquire systems that meet the Cit}'s needs. This shall also include all work involving the collection of in -Formation, observations and data that is described in the Technical Proposal as `�typicai" or "typically collected" as required to develop the functional and performance specifications for the Cilyto acquire systems that meet the City's needs. FE shall not be obligated to conduct an interactive workshop described in Section 2.4.1. However, FE shall be obligated (as part of the Work compensated as part of the fixed price in Section 3 below) to address the needs and issues described in Section 2.4,1 of the Technical Proposal as part of the Work described in Section 2.1 of the Technical Proposal. FE shal I not be obligated as part of the Work to assist with re -layout of the dispatch center, as described on page 12 of the Technical Proposal. FE shall not be obligated as part of the Work to support or assist with determining the practicality of implementing a backup center, as described on page 12 of the Technical Proposal. FE shal I include consideration of the City's backup and redundancy needs described in Addendum No. 1 as part of the Work described in Section 2.1 of the Technical Proposal, 3. COyIPENSf�TION: FE's total compensation for the 1�'ork iercluding ani additional compensation identified in a Task Order) shall be as follows: Fixed price for work related to the 9-1-1 Telephone System: $ =49,950 Fixed price for work related to the Radio System: $132,236 Fired price for work related to the Computer Aided Dispatch: S 69,966 Total: $22,172 Because FE is an experienced professional consulting services firm specializing in the subject platter of this Agreement, because FE has engaged in an on-site visit to ascertain existing conditions, and because FE was selected lamely due to its fired price proposal. its compensation for the Work shall be fired as identified in this Section 3, without Iny ecluitabie or other adjustment(s). Because the parties contemplate both a pleased approach and an approach that separates the Work, in time with respect to each of the three comporlents of the New Systems, there shall be no adjustment to the fixed price as a result of such phased approach or separation. FE shail sep;rrately invoice the Cite fpr the 1101.11- for each cunipleted pilaw fol' each separate J C-1 -1 t_ilieipUter Aided Dispatch 5ystc mn 1 -lie ieparat,� !:haws are Phase 1, Phase 2 ;lild Nial c 3, as identified on page 6 of the Technical Proposal. FE shall invoice the; Cite as fol lo\% s: Phase 1 which includes 9-1-1 Telephony System, the Radio system and the Computer Aided Dispatch System together - 40% of the total consulting cost of all three components at the completion of the phase Phase- 2 which �� ill be performed separatcly for each component - 30% upon delivery of the vendor RFP - 20% upon completion of the vendor proposals reviews - 9% upon vendor selection Phase 3 which will be performed separately for each component - 1% upon completion of the project initiation meeting Payment of all invoices shall be due within thirty (30) days of the hl,oice date. 4, ADDITIONAL WORK: The City may request that FE per'fwm work in addition to the Work described in the Contract Documents by issuing one or more i,riticn task orders for additional �Nork ("Task Orders)") which may specify: (a) the staternent of additional work to be performed; (b) security requirements, if any; (c) compensation for the additional work; (d) any ceiling price or amount of the order including all charges and travel authorizations, if any; and (e) any other terms, conditions, warranties or covenants. Any Task Order issued by the City shall be subject to review and acceptance by FE, which shall document its acceptance by signing the Task Order in the space provided and returning a copy to the Ciiy. FE shall not perform anv additional work described in a Task Order prior to signing such Task Order and returning a copy to the City. Except as expressly provided in any Task Order, the terms, conditions, warranties and covenants contained in the Contract Documents shall apply to any work performed pursuant to any such Task Order. FE acknowledges that only the City's Mayor or City's Manager has authority to issue any Task Order. For fixed price Task Orders, FE Gvill submit invoices in accordance with any agreed upon milestone schedule showing the tasks that have been completed, or if no such milestones are provided, upon completion of the additional work described in the Task Order. For time or materials Task Orders, FE will submit monthly invoices in accordance with the rates and terms included in the Task Order, or, it'none, in accordance with the ratesinchlded in the Cost Proposal for additional work. Such invoices shall indicate the number of days or hours worked and an itemized breakdown of other costs incurred. 5. TERMINATION, The City shall have the right to terminateorcaneel this Agreement at any time For any cause or for no cause. The City shall provide imniediale notice of any termination to FE. fn the event of termination prior to completion of the Mork, FE shall receive compensation for any separate component or phase of the W'ork It has completed at the time of FE's receipt of the City's notice of termination. Payment for partial completion of`a separate phase ofany component shall be prorated in accordance with the lA ork performed as part of such phase compared to the % crk yet to be performed as part of such phase. In the event of termination prior to completion of any additional �%or,c described in a time and materials Task Order; FE shall receive compensation for the work I}eriorined at the time of FE's receipt of the Cit\'s notice 01' termina(ion. In the event ofterminatk-)n prior to completion ofanv additional work described in a fixed price Task Order, FE shall a portion of sucl1 tied price prorated by comparing the completed portion ofthe work described in Such Task Order with the portion of the work described in such Task Order not complete, both at the time of FE's receipt of the City's termination notice. 5. CONFLICTS BETWEEN DOCUMENTS: Any conflict between anyof the Contract Documents or any Cask Order issued by the City shall be resolved rising the folloN� inU order of precedence: 4 a. this Agreement; then b. the RFP: then C, Addendum No. 1 to the RFP; then d. Addendum No. 2 to the RFP: then e, The Technical Proposal Amendment; then f. the Technical Proposal; then U. the Cost Proposal- then h. any Task Order In the event of any conflict between two or more Task Orders, the last issued Task Order shall take precedence. 7. INDEPENDENT CONTRACTOR: FE shall be deemed at all times to be an independent contractor. Neither FE nor its personnel shall at any time, or For any purpose be considered employees or agents of the City, The City is hereby contracting with FE for the Work, Subject to FE's obligation to perform the Work in a timely manner, FE is not required to perform the Work during a Fled hourly or daily time. If any Work is performed at the City's premises, then, subject to FE's obligation to understand the City's needs, FE's time spent at the premises is to be at the discretion of FE, subject to the City's normal business hours and security requirements. Because FE is a professional consulting services firm that specializes in the subject matter acknowledges that the City will not be required to furnish or provide any training to FE to enable FE to perform the Work. The Mork shall be performed by FE. Subject to the City's obligation to make its personnel reasonably available to FE For purposes of FE ascertaining the City's needs, the City shall not be required to provide any City personnel or lire, supervise or pay any assistants to help FE perform the Work. The management of the \Vorl<, including but not limited to the order or sequence in which it is performed, shall be under thecontrol of FE subject to the terms and conditions in the Contract Documents. Except to the extent that FE's work must be performed on or with the City's computer or software, all materialsused in providing the fork shall be provided by FE, FE shall provide any insurance coverage that is required in the normal course of business as well as any specialized insurance that is specifically called for in this Agreement. The City acknowledges and agrees that as an independent contractor, FE does not have any authority to sign contracts, notes, or obligations to make pi.3rchases, or to acquire or dispose of any property for or on the behalf of the City. 8, REPRESENTATIONS, WARRANTIES AND ADDITION:IL COVENAN'I-S: FE provides the following additional representations, warranties and covenants to the Citi: a. FE is not and shrill 1101 be under ani, obligation, contran or agreement. nor has FE 01-ev [OUsIy' any dOCLiIIWntS vv'h itSOc i'el', 11 ith ani' pC!'3on. Iirnn. a Socin'—)II, ol. r( ,r:f;s5i `i11f t\,-i iii'.i. 131 ail fl„ti;!i4'', i)f�',�!1t F['. fall benefit of-lite `i ork or any work described i!1 any Tasik Order. b. FE shall perform the stork in accordance with the Contract Documents, and in a competent and workmanlike manner in accordance with generally accepted engineering practices for specialists in the analysis, design and specification development for infrastructure. hard\\are and software systems for public safety \\ fireless communications, radio, 9-1-1 and computer aided dispatch systems. C. FE shall devote sufficient time and corripetent personnel to perform the \� ork ill a diligent and efficient manner, and shall utilize its best efforts to complete the Work ill accordance with the Schedule attached hereto as Exhibit -'F", or oil such extended timelines as reasonably requested by the City. d. Any soft\vare used by FE to assist in the performance ofthe Work shall perform as described by FE and as necessary for the performance of the \ ork. e. FE shall ensure that the City is reasonably informed of FE's progress with respect to performance of the Work and that FE has, at all critical or important stages of the Work, solicited sufficient information and feedback front the City and Users to perform the Work. F. FE shall provide such advance notice to the City and Users, and coordinate scheduling with the City and Users to satisfy FE's tinning expectations with respect to site visits and other visits to the City of Paducah and McCracken County. g. Tlie evaluation of the single or alternative countywide public agency and emergency responder radio and wireless communications system shall include and utilize, without limitation, the Coverage Analysis, Backhaul/Connectivity :Analysis, lnteroperabiiit} Analysis and Cost Analysis described on page 13 of the Technical Proposal. h. The technical specifications for the New Systems shall comport with and satisfy the City's needs with respect to the New Systems. i. The City shall receive advance notice from FE that FC is approaching any support limitation identified in paragraph 8 on page 4 of the Cost Proposal. Such advance notice shall be reasonably calculated to avoid any interruption in the Work and allow' suflrcient time for negotiation of a Task Order without jeopardizing the City's ability to receive the benefit of ally % ork identified in Section 2.3 ol'the Technical Proposal. 9. CONFIDENTIAL, tNFORNIATION: FE hcreb� agrees that it, its employees and agents will forever hold inviolate and keep secret all knowledge, information, ordata received or acquired by FE from the City or any other proposed user of the Systems, particularly ani personally identifiable or similar- information or data received or acquired by FE which relates to individual persons. FE shall not disclose confidential information to any individual, corporation, or other person(s) except when expressly authorized to do so by the City in writing; provided 110\1ever, such prohibition shall not b, con,tl'Ud to prCCILIJe FE frost hill\ pet'f01-011112 the Work. FL's obligations with respect to handling and using confidential Mformitiort as set forth in this agreement are not applicable to: (i) Information that at the time of disclosure under this agreement is either known to FE or disclosed in existinv literature tar patents or is in an\- other \\ay in the public domain; (ii) Information that after disclosure undef this a21-ee111ent beconnes known to FE by independent discovery or b\ casual observation oranalvsis of information provided by a third party other than a User: '(iii) information that niter diS%IOSllre under this agreement becomes known to FE from a source other than the Citi or a User without breach 01' any obligation by the disclosing party; (iv) information that is or 'has been furnished b\ the disclosing party to the Government with "unlimited" sights, and (v) fnformation available in the public domain. FE shall not make any public release of information in any medium concerning the subject matter of this Agreement without prior review and approval by the City, Requests for revie�� of any materials proposed for public release in any medium shall be submitted in �� riting to an authorized representative of the City for approval. 10. ONVNERSHIP OF WORK PRODUCT: The City shall o\Nn and have all property interests in all reports, drawings, specifications, documents or electronic data developed or compiled in furtherance of the Work. It. ASSIGNMENT: Neither party shall assign or transfer this Agreement without \\ ritten consent of the other party. This Agreement shall be binding on the parties hereto, and their respective successors and any permitted assigns. 12. HOLD HART /ILESS: The City shall indemnify and save FE harmless from any losses, claims, demands, suits, judgments, liabilities or out-of-pocket expenses (including but not limited to attorney's fees) incurred as a result of any claim by any third persons which is directly' or indirectly caused by the City, FF, shall indemnify and save the City harmless from any losses, claims, demands, suits, judgments, liabilities or out-of-pocket expenses (including but not limited to attorney's fees) incurred as a result of: (i) any claim by any third persons which is directly or indirectly caused by FE; or (ii) FE's failure to satisfy any terms, conditions, representations, warranties or covenants under the Contract DOCumer�ts. 13. NO\' -SOLICITATION: the City hereby agrees that for the term of this Agreement, and for a period of one ( I ) year thereafter, that the City shall not directly or indirectly, orally, in writing, or by other method of communication, solicit any employee, agent, or consultant of FE, nor encourage any employee, agent, or consultant to terminate his or her employment or relationship with FE. The City further agrees that for the term of tlis Agreement, and for a period of one (1) year thereafter, should the City hire any person \v110 is known to have be an employee, agent, or consultant of FE during the term of this Agreement, that FE is entitled to a tinder's fee equal to seventy percent (70%) of the employee, agent, or consultant's first year total compensation package, 14. FORCE ti1AJEURE: The obligations of either party shall be suspended during any tinge such party is unable to fulfill its obligations due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, acts of God, materials shortages. transportation delays, fires, floods, labor disturbances; riots, wars, terrorist acts or any other causes, directly or indirectly beyond the reasonable control of the non- performing party, so long as such party is using its best efforts to remedy such failure or dela\'s. 15, GOVERN ING LAW: This agreement shall be interpreted end the rights of the parties shall be determined under the lm� s of the Commonwealth of Kentuck,,. The parties hereby irrevocably Consent to the CxClusi\e iUVisdiction of the state courts s11tin4 in \iCCr'Ckell Cotlrlt%. hCf!t:!Cia and;or I!1.Q ftd�.rnl !';r th,, 1V C'stern District of'he?1wcl.% P',i ir-ah D11',a?tl1 1'C5p'eCt W all 111,i[WfS OW (?t OF to t111S A""!rCU11'CiH. 16. \V.- I ER: The failure Of either party to insist on strict perl'onliance Oram' of the terms and conditions hereofshall not constitute a `waiver of any other prosislons. 17. \TTOR\EYS FEES: In the event ofany dispute or controversy bet\%cen the parties relating to the interpretation of the Contract DOCunlelltS or to the transactions contemplated thereby, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and expenses incurred by the prevailing party. 18. CONSTRUCTION: Paragraph numbers and headings are for convenience only and shall not affect the interpretation of this agreement. If any term or condition of this Agreement is in conflict vtith local, state, of federal law and becomes null and void, the remainder of the Agreement shall survive and remain in effect. If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by la%\, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the ��hole of such provisions of this agreement shall not thereby fail, but that till scope of SLICK provisians Shall be Curtailed only to the extent necessary to conform to late. This Agreement shall be construed as having been negotiated between the parties and not dr�ifteci b� a particular party. 19. ENTIRE AGREEMENT: This Agreement supersedes all pravious agreements both oral and in writing and, along with the Contract Documents, contains all the terms and conditions of this transaction. All modifications to this agreement must be reduced to \�riting as amendments and duly executed by both parties hereto. 20. TIME IS OF THE ESSENCE: Time is of the essence in carping out the provisions of this Agreement. 21. COUNTERPARTS. This Agreement may be executed in one or more counterparts, including but not limited to facsimile counterparts, each of which shall be deemed an original and all of which together shall constitute a single instrument. 22. EFFECTIVE DATE: This Agreement shall become effective when executed by both parties and shall be binding upon the parties hereto, their successors and permitted assigns. FEDERAL ENGINEERING, INC. CITY OF PADUCAH By: .7 By: Signature Gnyle Kaler, :Wayo, Ronald F. Bosco Print President _ ---------'(;Ile July 25, 2016 Dale Dane Agenda Action Form Paducah City Commission Meeting Date: 9 August 2016 Short Title: 2016-2017 Law Enforcement Service Fee (LSF) Grant Award ® Ordinance ❑ Emergency E Municipal Order ❑ Resolution ❑ Motion Staff Work By- David White, Brian Krueger, Wes Orazine, Sheryl Chino Presentation By: Chief Brandon Barnhill Background Information: The Paducah Police Department has been awarded $7,396 from the Law Enforcement Service Fee (LSF) program to operate a one year DUI enforcement program. There is not a cash match for this grant, The grant application was approved under municipal order 1896 on March 22, 2016. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Project Number: P?6 joq Staff Recommendation; Authorize and direct the Mayor to sign all required grant award documents. Attachments: None Departmen j City Clerk City Man ORDINANCE NO, 2016 -8 - AN ORDINANCE OF THE CITY OF PADUCAH ACCEPTING A 2016-2017 LAW ENFORCEMENT SERVICE FEE GRANT AWARD FOR OPERATION OF A ONE- YEAR DUI ENFORCEMENT PROGRAM BY THE PADUCAH POLICE DEPARTMENT AND AUTHORIZNG THE MAYOR TO EXECUTE A GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY JUSTICE CABNET WHEREAS, the City of Paducah applied for a Law Enforcement Service Fee Grant Award adopted by Municipal Order No. 1896 on March 22. 2016, for City's Police Department to operate a one-year DUI enforcement program; and WHEREAS, the Kentucky Justice Cabinet has approved the application and is now ready to award this grant. BE IT ORDAINED BY THE CITY OF PADUCXH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts grant funds in the amount of 57,396 through the Kentucky Justice and Public Safety Cabinet for a 2016-2017 Law Enforcement Service Fee Award to be used by the Paducah Police Department for operation of a one-year DUI enforcement program. SECTION 2. That the Mayor is hereby authorized to eXecute a Grant Agreement and all documents relating thereto with the Kentucky fustice Cabinet to obtain a grant in the :uuouix of ?.396 )r DL`t E11101ccmct SECTION 3. Funds wilt be credited to Project Account PO0095. SECT ION 44. This ordinance shall be read on tvvo separate days and will become effective upon summary publication pursuant to KRS Chapter 424, Mayor ATTEST Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, August 9, 2016 Adopted by the Board of Commissioners, August , 2016 X016 Recorded by Tammara S. Sanderson, City Clerk, August Published by The Paducah Sun, _ ord plangrants police -2016-2017 last enforcement service fee Agenda Action Form Paducah City Commission Meeting Date: AUGUST 9, 2016 Short Title: Amend ABC Ordinance to Allow Distillers and Bed & Breakfast Businesses Obtain a Non -Quota 3 Retail Drink License ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff work By: Tammy Sanderson & Glenn Denton Presentation By: Jeff Pederson. City Manager Background Information: The Kentucky General Assemble passed Senate Bill 1 l (SB 11) into lana' during the 2016 legislative session. The passage of SB 1 1 will result in changes to Kentucka's alcoholic hewer a. ' a he=.�' C'l:a;:s'e.s as l ll :111i1V' the �,lta` t0 C I?lG't5[� 1t� local alc( . 01'c beveraL!e ordinance to perrnit distilicries and bed and hreaWst businesses to obtain a Non-qu+lta 3 Retail Drink License. For distilleries, this license will allow on -premise consumption of distilled spirits, wine and malt beverages by the drink from 6:00 a.m. to 3:00 a.m. the fol.lc.wing day. For bed and breakfast businesses it allows the same privilege if the B & B has an innkeeper who resides on, or adjacent to the B & B premises during the period of a isitor occupancy. Goal: ®Strong Economy ® Quality Ser\'ices❑ Vital Neighborhoods® Restored Downtaaans Staff Recommendation: To adopt the above changes to the City's ABC ordinance. Attachments: Department Head City Clerk City Manager 19?^14 CITY OF PADUCAH ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 11, SECTION 6-33, "ISSUANCE; STANDARDS," AND SECTION 6-40, "LICENSE TYPES AND FEES," OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY «'HEREAS. this Ordinance amends Chapter 6. Article 11. Sz--cdon 6-33 '`]ssuance: Standards' and Section 6-40 "License Types and Fees" of the Code of Ordinances of the 01.v of Paducah, Kenincky. %vhich regulate licenses to sel l or manufacture alcoholic bes er-ages: and WHEREAS. this Ordinance is being enacted pursuant to the passage of Senate Bill I 1 during the 2016 Regular Session of the General Assembly of the Commonwealth of Kentucky. vlhich amends !,,RS 4,j I , 1-J. l,i.0305. and' to a110i a dlsid cr.v )r a " Ocd anu breakfast business to obtain a Non -Quota I'l"pe a Retail Drink License. NOW THEREFORE be it ordained by the Cit- Commission of the Cit of Paducah as follows: SECTION 1. That Section 6-33. "Issuance: standards." is hereby amended and restated to read as follows: Sec. 6-33. Issuance; standards. All l:c..Iscs re.xuircd I}N iiti_ _I r illi �t lssu 6 :�: C ;t;- Tr' c . :i„ 7 and °a ter sit l -d 2..i.:i'er ��_ �irl4t;r a 1�± direction of the City :Manager or his designee. If. in the judgment of the City ^.Manager_ the applicant for a license under this chapter has complied with all requirements of the state alcoholic beverage control laws, as xNell as the regulatory provisions and standards of this chapter, the license shall be issued. In such case.. the City Manager or his designee shall direct the City Treasurer to prepare and issue the license to the applicant tipon paN mens to the Treasurer of the fee required by this chapter, The standards for the issuance and renewal of all licenses required by this chapter shall be as follows: (1) The applicant has complied with all requirements of the state alcoholic beverap-e control laws. (2) The applicant has complied «ith all regulatory provisiernsand standards of this chapter. (3) The applicant has been issued an occupational business license and has paid all fees and taxes as required by same. (4) the applicant has been issued all permits required b\slate IWA to operate the applicant's business on the licensed premises and if applicable has provided a copy of the applicant's pennit issued pursuant to KRS Chapter 219. (54) The applicant has paid all fees and taxes as required under chapter 106 of this Code. (63) The applicant hpaid valorem taxes tansal e against the real property heeeapplicant'sbusnesss t be conducteddhere alcoholic beverages are to be sold or dispensed. 7 1f apPlicable. the a licant has aid all transient room taxes required by KRS 142.400 and has provided proof of such payment. (86)The applicant has paid all fees as required under this chapter. (2-7) The applicant has paid all cit. property maintenance liens due and payable against the real property upon syhich the applicant's business is to be located and s+here alcoholic beverages are to be sold or dispensed. CLOS) The applicant has read and executed the form entitled "City of Paducah— Acknowledgement by ABC Applicant." tthd. No. 2013-1 I-8095. 11-5-13: Old. No. 2014-11-520(1. t =. I 1=25-I 4) SECTION 2. That Section 6-40. "License types and fees." is hereby amended and restated to read as follows: See. 6-40. - License types and fees. All fees due to the city will be collected at the time the application is approved by the state Alcoholic Beverage Control Board. ( I ) Distilled spirit licenses as set forth in KRS 243.030: a. Distiller's license: 1. Class A. per annum .....$L000.00 i. Distillers that produce more than fifty thousand (50.000) gallons of distilled spirits per calendar year at the premises shall obtain a distiller's license. Class A. 2. Class B. per annum .....$500.00 i. Distillers that produce fifty thousand (50.000) gallons or less of distilled spirits per calendar year at the premises shall obtain a distiller's license. Class B (craft distillery). b. Rectifer's license. per annum .....$3.000.00 C. Wholesaler's distilled spirits and wine license. per annum .....$3.000.00 d. Quota retail package license. per annum .....$1.000.00 (2) Quota retail drink license. per annum .....$1.000.00 2 (3) Special temporary license, per event .....$165.00 (4) Nonquota thpe I retail drink license, per annum .....$2,000.00 a. Nonquota type I (also known as "NQ -1") retail drink licenses are combination licenses. b. The holder of a combination license may sell distilled spirits. tv'ine. and malt beverages by the drink. A second retail malt beverage license is not required. c. NQ -1 licenses incorporate the follove ing former license types: I. Convention center license. 2. Horse track license. 3. Automobile race track license. 4. Air'tail systen license. (5) Nonquota type 2 retail drink license. per annum .....$1.000.00 a. Nonquota type 2 (also known as "NQ -2") retail drink licenses are combination licenses. b. The holder of a combination license may sell distilled spirits. wine. and malt beverages by the drink. A second retail malt beverage license is not required. c. NQ -2 licenses incorporate the following former license types: I. Restaurant drink license. 2. Motel drink license. 3. Restaurant vv me license. 4. Airport drink license. Riverboat license. (6) Nonquota type 3 retail drink license. per annum .....$300.00 a. Nonquota type3 (also known as "NQ -3") retail drink licenses are combination licenses. b. The holder of a combination license may sell distilled spirits, vvine. and malt beverages by the drink. A second retail malt beverage license is not required. c. An NQ -3 retail drink licenses may be issued toiRGOrff I, A private club in existence for longer than cite (I) year prior to the license application:Speeial 2. A bed and breakfast: or 3. A distiller. d. An NQ -3 qualifying as a special private club may not hold a nonquota retail malt beverage package license. 3 (7) Distilled spirits and wine special temporary auction license, per event .....$200,00 (8) Special Sunda} retail drink license, per annum .....$300.00 (9) Extended hours supplemental license. per annum .....$300.00 (10)Caterer's license. per annum .....$800,00 (1 1) Bottling house or bottling house storage license, per annum .....S 1,000.00 (12) Malt beverage licenses as foHmvs: a. Brewer's license. per annum .....$500.00 b. Microbrewery license, per annwn ....,$500.00 c. Malt beverage distributor's license, per annum .....54013.00 d. Nonquota retail malt beverage package license, per anntsm .....S'00.00 1. A nonquota retail malt beverage package license permits malt beverage package sales only for consumption off the premises. c. Nonquota type 4 retail malt heverage drink license. per annum .....5200.00 I. A nonquota tlpe 4 (also known as "NQ -4") pertnits malt he,,craLc ;bink only on the premises. f. Malt beverage brew -on -premises. per annum ....,$100.00 (13) The fee for each of the first five supplemental bar licenses shall be same as the fee for the primary drink license. There shall be no charge for each supplemental license issued in excess of five to the same licensee at the same premises. a. A supplemental bar license authorizes the licensee to sell and serve distilled spirits and eine by the drink at retail from an additional bar location other than the main bar. ( 14; i he holder of a nofiquota retail malt be\, era— ge pa_:kaloe 1%E i iC roaN obi&,in a noncloota type 4 malt beverage drink license for a fee of $50.00. The holder of a nonquota type 4 malt beverage drink license mai obtain a nonquota retail rnalt beverage package license for a fee of 550,00. { 15) The activities permitted bN the above licenses are defined in KRS ch. 243, which is incorporated herein as [it] set out in full. Nonprofit organizations are exempted from license fees required by a special temporary license above. (Ord, No. 21013-11-8095, 11-5-13; Ord. No. 2014-1 1-8200. § 4, 11-25-14: Ord. No. 2015-1- 8209. § 1, 1-13-15) SECTION 6. SEVERABILITY.. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidi(3 or unenforceability of such section. paragraph or provision shall not affect any of the remaining provisions of this Ordinance. 4 SECTION 7. COMPLIANCE WITH OPEN MEETINGS LAWS. The Cite Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees. if any, which resulted in formal action, were in meetings open to the public. in full compliance vKith applicable legal requirements. SECTION 8. CONFLICTS. All ordinances. resolutions, orders or parts thereof in conflict with the provisions of this Ordinance arc, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 9. EFFECTIVE DATE. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. MAYOR ATTEST CITY CLERK Introduced by the Board of Commissioners. — 2016 Adopted by the Board of Commissioners, 2016 Recorded by City Clerk. . 2016 Published by The Paducah Sum. 2016 Agenda Action Form Paducah City Commission Meeting Date: August 9, 2016 Short Title: Contract with GPEDC (a/k/a PED) ®Ordinance ❑ Emergency ❑ 1\Qunicipal Order ❑ Resolution ❑ Motion Staff Work By: Presentation By: Background Information: Claudia Meeks Jeff Pederson, City Manager As part of the Investment Fund Decision Items for FY2017. the Commission approved appropriation of funding for Greater Paducah Partners For Progress and GPEDC in the amount of $250,000, to be paid in quarterly installments. ]n ,audition, S;m t' iGcDC ha vi e a;cd m ucaau a role and ail res xn;sibiiit es i f E,itrcFauh. aditionai $50.000 was alloned, also payable in quuierly installments. When the City provides funds to any organization, we prepare a simple Contract For Services agreement that describes the public services the organization will proN'ide as a result of receiving the city funds. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: This expenditure vvas appropriated in the FY2017 Budget. Account Name: Investment Fund V�I` Account Number:004-0401-536-2307/ED0006//EDO101 / Finance Staff Recommendation: Authorize the Mayor to enter into one-time Contracts For Services with GPEDC for a total of $300.000 ($250,000 for GPEDC responsibilities and $50.000 for EntrePaducah responsibilities) Attachments: Ordinance Contract Department Head City Clerk riy Manager ORDINANCE NO. 2016 -8 - AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SERVICES WITH THE GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL FOR SPECIFIC SERVICES THAT WILL INCLUDE SERVICES FOR ENTREPADUCAH BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mawr is hereby authorized to execute a contract «ith Greater Paducah Economic De%elopment Council in the amount of $250,000. to be paid in equal quarterl} allocations of 562.500. for performance of services as outlined in said Contract. Further. the contract sets out services for EntrePaducah w ith funding from the Cit} in the amount of 550.000, to be paid in equal quarterly allocations of 512,500. This contract shall expire June SECTION 2. This expenditure kill be charged to the Investment Fund account. account number 004-0401-536-2307, \%ith GPEDC portion from Project No. ED0006 and EntrePaducah portion from Project No. EDO101. SECTION 3. If any section. paragraph or provision of this Ordinance shall be held to be in%alid or unenforceable for an} reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect an} of the remaining provisions of this Ordinance SECTION 4. ]'his ordinance shall be read on two separate daps and will become effectiv e upon summary publication pursuant to KRS Chapter 424. MaN or ATTEST Tammara S. Sanderson. City Clerk Introduced b) the Board of Commissioners, August 9, 2016 Adopted by the Board of Commissioners. August . 2016 Recorded be Tatnmara S. Sanderson. City Clerk. August 2016 Published by the Paducah Sun. ord'contract-GPEDC fy16-17 CONTRACT FOR SERVICES This Contract for Services, effective this day of 2016, by and between the CITY OF PADUCAH ("City") and the GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL, a/k/a/ PADUCAH ECONOMIC DEVELOPMENT (Pr --D), a Kentucky not-for-profit corporation, WJTNESSETH: WVHEREAS. PED is a non-profit organization charged Nvith the economic development of Paducah and McCracken County. WHEREAS, the services of PED as described hel-ein are for the diract benefit of the citizens of the City of Paducah. and Vt'HEREAS. promoting investment and economic development in the Paducah area as well as 1'S al;i 1==?i.).i1C55 ".evc!""prn"""'t iii th-- a r� E nd WHEREAS, the City of Paducah desires to contract with PED for the services to be described herein under the terms and conditions set forth in this Contract for Services. NOW THEREFORE; in consideration of the foregoing premises and the mutual covenants as herein set forth, the parties do covenant and agree as follows: SECTION 1: TERM The term of this contract for services shall be from the effective date of the contract until June 30, 2017. SECTION 2: TERJIIINATION Either party may terminate this Contract for Services upon failure of any party to comply with any provision of this agreement provided any such party notifies the other in writing of such failure and the breaching party fails to correct the breach within thirty (30) calendar days of the notice. SECTION 3: OPERATIONS PAYMENT A. In consideration of the administrative costs including compensation for personnel who carry out the objectives and services of PED for services described herein, the City shall pay PED Three Hundred Thousand Dollars ($300.000) to be paid in equal quarterly allocations of $75,000 each by the end of each quarter; provided however such payment rray be reduced to recover payment if loans to PED become past due. A quarterly invoice xvill be provided by PED prior to payment. B. First Quarter Payment shall be made by September 30, 2016. Subsequent quarterly payments will be held until the City receives an unqualified audit. 0_,ce the audit is received. payment shall be made by the end of each subsequent quarter. In the event this contract for services is terminated, the City shall not be obligated to make any further payments. C. In the event this Contract for Services is terminated, the Cit} shall not be obligated to make any further quarterly allocation payments SECTION 4: OBJECTIVES AND SERVICES PED shall perfa,m the following services for and on behalf of the city in consideration for the allocation payments described above: • Market the greater Paducah area and promote econoni.ic development through capital investment. job creation. and business start-up and retention. • Act as local liaison to the Kentucky Cabinet for Economic Development and other local and regional economic development organizations. • Provide staff support to the Paducah -McCracken Industrial De Xiopment Authority. • Incur costs and expenses related to data compilation and maintenance required by companies making site decisions. This includes conducting, analyzing, and maintaining ongoing information including: competitive studies. the local labor market area; land availability. marW u -e ls. and, C,! h ,i #:; "o? "he y,roTr .�t:t':: L t'l�'C'� ii t , i i _ '•;l ii i� t` �� ]��i'[l?. • Conduct programs and activities in support of entrepreneurs alai e:rtirepreneunal behavior in the corrimunit}'. • Monitor compliance with incentive agreements for the Cit} and County and provide periodic written reports of such to the City Manager SECTION 5: INCENTIVES PED shall negotiate financial incentives on behalf of the City in accordance and in compliance with City of Paducah Municipal Carder no. 1714, "Guidelines for Providing Economic Incentives", SECTION 6: ACCOUNTING (A) PED shal.] conduct all accounting, payroll, financial management, and shall make regular reports of PED's expenditures to ensure such expenditures are proper. (B) City shall have the right to inspect the operations of PED, including reviewing its books, records, ledgers; or other documents, without prior notice of said inspection. (C) PED shall supply an annual financial audit to the City within tivo (2) weeks of its completion. SECTION 7: ENTIRE AGREEMENT This contract for services embodies the entire agreement between the parties and all prior negotiations and agreements are merged in this agreement. This agreement shall completely and fully supersede all other prior akreements, both written and oral, between the parties. SECTION S: NVITHDRAWAL OF FUNDS Notwithstanding airs! other provision in this Contract for Services, in the event it is determined that any funds provided PED are used for some purpose other than in furtherance of the services described herein. the City shall have the right to immediately withdraw any and all further funding and shall immediately have the right to terminate this Contract for Services without advance notice and shall have the right to all remedies provided in the late to seek reimbursement for all monies not properly accounted. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH Im GAYLE KALER, Mayor PADUCAH ECONOMIC DEVELOPMENT By (�/ l Y �� C Title __ \IJ Agenda Action Form Paducah City Commission Meeting Date: August 9, 2016 Short Title: Contract with Paducah Junior College, Inc. — Community Scholarship Program ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff 'Work By: Presentation By Background Information: Claudia Meeks Jeff Pederson, City Manager As part of the Investment Fund Decision Items for FY2017, the Conunission approved appropriation of funding for the Paducah Junior College. Inc.. scholarship program in the amount of S125.000,. to be paid by June 30, 2017. l� "-11 (s,c t_ ;ky p ON ides fungi ,o ani organiz3tiun. ��; 1'�rUparc n siitnple Contract For Seri ices agrcernent that describes the public services the organization will provide as a result of receiving the city funds. Goal: ❑Strong Economy, ® Quality Services❑ Vital Neighborhoods❑ Restored Do«vntowns Funds Available: This expenditure was appropriated in the FY2017 Budget. Account Name: Investment Fund -�?) Account Number: 004-0401-536-2307 finance Staff Recommendation: Authorize the Mayor to enter into a one -tithe Contract For Services with Paducah Junior College, Inc. in the amount of S 125.000. Attachments: Ordinance Contract Department Head City Clerk i y Manager o--� ORDINANCE NO. 2016 -8 - AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PADUCAH JUNIOR COLLEGE; fNC. FOR THE COMMUNITY SCHOLARSHIP PROGRAM BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION' 1. That the Mayor is hereby authorized to execute a contract «ith Paducah Junior College. Inc. in the amount of S125,000 for the Community Scholarship Program. This contract shall expire June 30. 201 7. SECTION 2. This expenditure shall be charged to the Investment Fund account'Proicet 004-0401-�36-2307. SECTION 3. This ordinance shall be read on tvvo separate days and gill become effective upon summarnpublication pursuant to KRS Chapter 424. Mavor ATTEST: Tammara S. Sanderson. City Clerk Introduced by the Board of Cotnmissioners, August 9, 2016 Adopted b} the Board of Commissioners. August , 2016 Recorded by Tammara S. Sanderson. City Clerk. August , 2016 Published by The Paducah Sun; ord`contract - Paducah Junior College fi 16-17 (community scholarship) CONTRACT FOR SERVICES This Contract for Services, effective this day of , 2016, by and betvtreen the CITY OF PADUCAH ("City") and PADUCAH JUNIOR COLLEGE, INC. (PJC, Inc.). WITAIESSETH: WHEREAS, promoting education to students in the Paducali/McCracken County area and exposing them to post -secondary education serves a valid public purpose; and WHEREAS, improving the education level of our community's young people will both make the Paducah workforce more attractive to investors and employers and enhance the life potential of individual students; and WHEREAS. the City of Paducah desires to contract with PJC. Inc., for the services to be described herein under the terms and conditions set forth in this Contract for Services. NONk` TUE''REFORE, i❑ of the folegtairng prenwcs and tl)c riauttlA cocna')"'* .,s herein set forth, the parties do covenant and agree as follows: SECTION 1: TERM The terns of this contract for services shall. be from the effective date of the contract until June 30, 2017. SECTION 2: TERMINATION Either party may terminate this Conti -act for Services upon failure of any party to comply with any provision of this agreement provided any such party notifies the other in writing of such failure and the breaching parte fails to correct the breach within thirty (30) calendar days of the notice. SECTION 3: OPERATIONS PAYMENT In consideration of providing education and training and to carry out the objectives of PJC. Inc., the City shall pay PJC, Inc.. the swn of $125.000 in a one-time amount no later than June 30, 2017, PJC, Inc., shall provide an invoice to the City of Paducah prior to payment being made. In the event that this contract for services is terminated, the City shall not be obligated to make any further payments. SECTION 4: OBJECTIVES AND SERVICES - PJC. Inc., will guarantee Paducah and McCracken County 81h graders who meet prescribed standards through their final four years of high school, a tuition scholarship for up to sixty (60) hours of college credit at WKCTC. SECTION 5: ACCOUNTING (A) PJC, Inc., shall conduct all accounting, payroll, and financial management. (B) PJC, Inc.; shall supply an annual financial audit to the City within two weeks of its completion. (C) PJC will provide a written financial report as of December 31 st and June 30th during the term of this contract to the City Manager's Office by the 15th day of the 2nd month following the reporting date. The financial report, at minimum, shall disclose the dollar amounts that the City. County and others (each shown separately) have contributed to the PJC for the Community Scholarship program by fiscal year and the interest earned thereon. The report shall fully disclose how funds were used by fiscal year and purpose. SECTION 6: ENTIRE AGREEMENT This contract for services embodies the entire agreement between the parties and all prior negotiations and agreements are merged in this agreement. This agreement shall completely and fully supersede all other prior agreements. both written and oral, between the parties. SECTION 7: WITHDRAWAL OF FUNDS Notwithstanding an}other provision in this Contract for Services. in the event it is determined that any funds provided to PJC. Inc. are used for some purpose other than in furtherance of the services described herein, the City shall have the right to immediately withdraw any and all further funding and shall immediately have the richt to terminate this Contract for Sere ices vv i!hout advance noti:e and shall lime the rialtt to all remedies provided in the law to seek reimbursement for all monies not properly accounted. Witness the signature of the parties as of the year and date first written above. CITY OF PAD UCAH GAYLE KALER, Mayor PADUCAH TUNIOR COLLEGE, INC. Name� t/1 Title Agenda Action Form Paducah City Commission Meeting Date: August 9, 2016 Short Title: Contract with Paducah Junior College, Inc. — Paducah S71iool of Art Funding ❑Ordinance ❑ Emergence ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Claudia Meeks Presentation By: Jeff Pederson, City Manager Background Information; As part of the Investment Fund Decision Items for FY2017. the Commission approved appropriation of funding for the Paducah Junior College, Inc.. Paducah School of Art in the amount of $75.000, to be paid quarterly. This expenditure will be used to pay for operationat expenses for the school's t\vo locations: ()05 IJarrison Street and 919 Madison Street. When the Citi, provides funds to any organization, we prepare a simple Contract For Services agreement that describes the public services the organization will provide as a result of receiving the city funds. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored DoNvotowris Funds Available: This expenditure was appropriated in the FY2017 Budget. Account Name: Investment Fund Account Number: 004-999`-699-9040 nance Staff Recommendation: Authorize the Mayor to enter into a one-time Contract For Services vnth Paducah Junior College, Inc. in the amount of 575.000. Attachments: Ordinance Contract Department Head City Cleric City Manager `A, ORDINANCE NO. 2016 -8 - AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PADUCAH JUNIOR COLLEGE. INC. FOR THE TWO LOCA"T"IONS OF THE PADUCAH SCHOOL OF ART BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a contract \nith Paducah Junior College, Inc. in the amount of $75,000. to be paid in equal quarterl.\ allocations of $18.750. The funds will be used for operational expenses \chich shall include but not be limited to utilities. repairs and other operating expenses for the mo locations of the Paducah School of Art located at 905 Harrison Street and 919 Madison Street. 1 his conlract shall expire June 30. 2017. SECTION 2. This expenditure shall be charged to the Investment Fund. account number 004-9999-699-9040. SECTION 3. This ordinance shall be read on two separate da} s and ti ill become effective upon sutnmary publication pursuant to KRS Chapter 424. Ma% or ATTEST Tammara S. Sanderson. Cit} Clerk Introduced by the Board of Commissioners. August 9, 2016 Adopted by the Board of Commissioners. August , 2016 Recorded by Tammara S. Sanderson. August , 2016 Published by The Paducah Sun. ord`contract -'Paducah Junior College f\ 16-17 school of an CONTRACT FOR SERVICES This Contract for Services, effective this day of 2016, by and between the CITY OF PADUCAH ("City") and PADUCAH JUNIOR COLLEGE, INC. (PJC, Inc.). WITNESSETH: �k"HEREAS, promoting arts education to students in the Paducah/McCracken County area and exposing them to post -secondary education serves a valid public purpose; and WHEREAS, improving the availability of art degrees to our community will both make the Paducah area more attractive to investors and enhance the life potential of individual students: and WHEREAS, the City of Paducah desires to contract with PJC, Inc., for the services to be described herein under the terms and conditions set forth in this Contract for Services. NOW THL-'I�k FORE, in consideration of the foregoing premises and the mutual covenants as herein set forth, the parties do covenant and agree as follows: SECTION 1: TERM The term of this contract for services shall be from the effective date of the contract until June 30, 2017. SECTION 2: TERMINATION Either party may terminate this Contract for Services upon failure of any party to comply with any provision of this agreement provided any such party notifies the other in writing of such failure and the breaching party fails to correct the breach within thirty (30) calendar days of the notice. SECTION 3: OPERATIONS PAYMENT_ In consideration of providing education and training and to carry out the objectives of PJC, Inc., the City shall pay PJC, Inc., the sum of SEVENTY-FIVE THOUSAND ($75,000) to be paid quarterly in equal amounts of $18,750. PJC, Inc., shall provide invoices to the City of Paducah at the end of each quarter. In the event that this contract for services is terminated, the City shall not be obligated to make any fiirther payments. SECTION 4: OBJECTIVES AND SERVICES - PJC, Inc. will guarantee the City of Paducah that the $75,000 will be used in the operational expenses for the Paducah School of Art located at 905 Harrison Street and 919 Madison Street. These expenses shall include but not be limited to utilities, repairs and other operating expenses at the two locations of the Paducah School of Art. SECTION 5: ACCOUNTING (A) PJC, Inc.. shall conduct all accounting, payroll, and financial management. (B) PJC, Inc., shall supply an annual financial audit to the City within two weeks of its completion. SECTION 6: ENTIRE AGREEMENT This contract for services embodies the entire agreement between the parties and all prior negotiations and agreements are merged in this agreement. This agreement shall completely and fully supersede all other prior agreements, both written and oral, between the parties. SECTION 7: WITHDRAWAL OF FUNDS Notwithstanding any other provision in this Contract for Services, in the event it is determined that any funds provided to PJC, Inc. are used for some purpose other than in furtherance of the services described herein, the City shall have the right to immediately withdraw any and all further funding and shall immediately have the right to terminate this Contract for Services without advance notice and shall have the right to all remedies provided in the law to seek reimbursement for all moniesnot properly accounted. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH GAYLE K.ALER, Mayor PADUCAH JUNIOR COLLEGE, INC. Name Title' — I Agenda Action Form Paducah City Commission Meeting Date: August 9, 2016 Short Title: Contract with Paducah Transit Authority ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Presentation By Background Information: Claudia Meeks Jeff Pederson, City Manager As part of the General Fund Decision Items for FY2017, the Cornntission approved appropriation of the sum of $215.000 to Paducah Area Transit System, to be paid in gwr-terly installments. When the City nrov ides fiir)d s ?0 1r1v organization. vie pre,aare rl si= rple Cont; -act For Ser�.io�s iigrCt11?etil llldt pi1i_ . ii' s(;.-1 .Ce-. t[ie organization will a.QL(tf: as a rcsuit C}t r,.;..,11'lnc the city funds. Goal: ❑Strong Economy ® Quality Services❑ Vita] Neighborhood�F-] Restored Dowlltowrns Funds Available: This expenditure was appropriated in the FY2017 Budget. Account Name: General Fund Account Number: 001-0106-511-8008 mance Staff Recommendation: Authorize the Mayor to enter into a one-time Contract For Services xvith Paducah Transit Authority in the amount of $215.000. Attachments: Ordinance Contract Department Head City Clerk r Manager h� ORDINANCE NO. 2016 -8 - AN ORDNANCE AUTHORIZENG THE MAYOR TO EXECUTE A CONTRACT Vw- ITH PADUCAH AREA TRANSIT SYSTEM FOR PUBLIC TRANSPORTATION SERVICES BE IT ORDAINED BY THE. CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mavor is hereby authorized to execute a contract with Paducah Area Transit System in the amount of $215,000.00. to be paid in equal quarterly allocations of 553.750.00, for public transportation services for the Paducah,'McCracken County area. This contract small expire June 30; 2017. 51 1-8008, SLCTIn\ ?. This e.v)end'Iture shall he charged to account no. 001 -0106- SECTION 3. This ordinance shall be read on two separate days and x ill become effective upon summary publication pursuant to KRS Chapter 424. ?v4avor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, August 9; 2016 Adopted by the Board of Commissioners. August -2016 Recorded by Tammara S. Sanderson. City Clerk, August . 2016 Published by The Poducah Sun, ord'contract-PATS 2016 CONTRACT FOR SERVICES This Contract for Services, effective this day of ; 2016, by and between the CITY OF PADUCAH ("City') and PADUCAH TRANSIT AUTHORITY, ("PTA"). WITNESSETH. WHEREAS, the services of PTA as described herein are for the direct benefit of the citizens of the City of Paducah and McCracken County. and WHEREAS, providing transportation services to the citizens in the Paducah/McCracken area serves a valid public purpose: and WHEREAS. the City of Paducah desires to contract with PTA for the services to be described herein under the terms and conditions set forth in this Contract for Services. NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants as hereh; set forth, th; panics do covenant and agr:c as follc\,s: SECTION I: TERM The term of this contract for services shall be from the effective date of the contract until June 30. 2017. SECTION 2: TERMINATION Either party, may terminate this Contract for Services upon failure of any party to comply with any provision of this agreement provided any such party notifies the other in writing of such failure and the breaching party fails to correct the breach within thirty (30) calendar days of the notice. SECTION 3: OPERATIONS PAYMENT In consideration of the administrative costs including compensation for personnel who carry out the objectives and services of PTA for services described herein, the City shall, upon receipt of an invoice, pay PTA Two Hundred Fifteen Thousand Dollars ($215,000) to be paid in equal quarterly allocations of $53,750 each. In the event this contract for services is terminated, the City shall not be obligated to make any farther quarterly allocation payments. The first quarterly payment shall be made by September 30, 2016. Subsequent quarterly payments will be held until the City receives an unqualified audit. Once the audit is received, payment shall be made by the end of each subsequent quarter. In the event this contract for services is terminated, the City shall not be obligated to make any further payments. SECTION 4: OBJECTIVES AND SERVICES PTA shall perform the following services for and on behalf of the city in consideration for the allocation payments described above: • Provide safe public transportation to all citizens of Paducah/AQCCracken County. • Provide handicap accessible transportation. • Provide trolley services. • Provide maintenance for buses and trolleys. • Provide Trolley for Downtown, Lowertown and Paducah Tours. It is understood and agreed that PTA shall retain the right to charge trolley riders during times of their choosing (such as Quilt Week, etc.) SECTION 5: ACCOUNTING (A) PTA shall conduct all accounting, payroll. financial management, and shall snake regular reports of PTA expenditures to ensure such expenditures are proper. (B) City shall have the right to inspect the operations of PTA, including reviewing its books, records, ledgers, or other documents, without prior notice of said inspection. (C) PTA shall supply an annual financial audit to the City o}} or before October 31, 2015. The second quarterly payment shall not be }nade until the at}dit is received. SECTION 6: ENTIRE AGREEMENT ]'his contract for services embodies the entire l_).'i\Ve0,'i ille J11 nrmr "ilii al -Z nl"r�7cd In This agreement. This agreement, shall completely and fully supersede all other prior agre::meats. both -vvritten and oral, between the parties. SECTION 7: M'ITHDRAWAL OF FUNDS Notwithstanding any other provision in this Contract for Services, in the event it is determined that any fiends provided to PTA are used for some purpose other than in furtherance of the services described herein, the City shall have the right to immediately withdraw any and all further funding and shall immediately have the right to terminate this Contract for Services without advance notice and shall have the right to all remedies provided in the law to seek reimbursement for all moniesinot properly accounted. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH GAYLE KALER, Mayor PADUCAH AREA TRANSIT SYSTEM By TitleXzaW_ L( Page 7 Agenda Action Form Paducah City Commission Meeting Date: August 9, 2016 Short Title: Contract with Luther F. Carson Four Rivers Center ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Claudia Meeks Presentation By: Jeff Pederson, City Manager Background Information: As part of the Investment Fund Decision Items for FY2017, the Commission approved appropriation of funding for the Luther F. Carson Four Rivers Center in the amount of $63.325. When the Cih, provides funds to anv organization. we prepare a simplc Contract For Services 2rL,2incni rLLii 7: 'P;- :i; p'.A'ii1C tae, o; an:zL'.t!on velli i):CPId'_ as a I'e3Lilt of recd\'ill€. 01,- city 1ecity funds. Goal: ❑Suong Economy ® Quality Services❑ Vital Neighborhoods[] Restored Downtowns Funds Available: This expenditure was appropriated in the FY2017 Budget. Account Name: Investment Fund �//.7 X11-% _ Account Number: 004-0401-536-8061 ance Staff Recommendation: Authorize the Mayor to enter into a one-time Contract For Services with the Luther F. Carson Four Rivers Center in the amount of $63.325. Attachments: Ordinance Contract Department Head City Clerk `mit, Manager ORDINANCE NO. 2016 -8 - AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACF WITH THE LUTHER F. CARSON FOUR RIVERS CENTER, INC. FOR SPECIFIC SERVICES BE IT ORDAINED BY THE CITY OF PADUCAH. KENTUCKY: SECFION 1. That the Mayor is hereby authorized to execute a contract ss'ith the Luther F. Carson Four Ricers Center Inc. in the amount of 563,325. to be paid in quarterly installments of S15,831.25 each, to provide an extensive }outh performance schedule in continuing with their tradition of the "Class Act' series. This contract shall expire June '0. 2017. SECTION 22. ibis expenditure shall be charged to the Inv estment Fund 004-0401-536-8061. SECTION 3. This ordinance shall be read on two separate da} s and vsill become effecti\'e upon sutnmar} publication pursuant to KRS Chapter 424. MaN or ATTEST Tammara S. Sanderson, Cite Clerk Introduced bx the Board of Commissioners. August 9, 2016 Adopted by the Board of Commissioners. August . 2016 Recorded by Tammara S. Sanderson. City Clerk. August . 2016 Published b} The Paducah Sun. .ordcontract-Carson Center FY2016-2017 CONTRACT FOR SERVICES This Contract for Services. effective this day of 2016, by and between the CITY OF PADUCAH ("City") and LUTHER F. CARSON FOUR RIVERS CENTER, INC. WITNESSETH: WHEREAS, Luther F. Carson Four Rivers Center, Inc. will bring quality entertainment and cultural enrichment to Paducah and McCracken County: and WHEREAS, promoting cultural enrichment quality entertainment and providing community - enhancing activities. in the Paducah area serves a valid public pulp}se; and WHEREAS, the City of Paducali desires to cont;act with Luther F. Carson Four Rivers Center. Inc. for the services to be described herein under the terms and conditions set forth in this Contract for Services. N'CN ' T HI RErORE. lii co'.si ler..1,(tl :7f the pre,1.c ` lld t1',' ru a� cj'n:rs �� - ,tL herein sct forth. the parties do covenant and agree as foilovvs: SECTION 1: TERM The tei-m of this contract for services shall be from the effective date of the contract until June 30, 2017. SECTION 2: TERMINATION Either party may terminate this Contract for Services upon failure of any party to comply with any provision of this agreement provided any such party notifies the other in writing of such failure and the breaching panty fails to correct the breach within thirty (30) calendar days of the notice. SECTION 3: OPERATIONS PAYMENT In consideration of providing a youth performance schedule and to carry out the objectives of Luther F. Carson Four Rivers Center, Inc., upon receipt of quarterly invoices, the City shall pay Luther F. Carson Four Rivers Center, Inc. the sure of Sixty -Three Thousand Three Hundred T-,venty-Five Dollars ($63,325) in quarterly installments of $15.$31.25 each. The first quarterly payment shall be made by September 30. 2016. Subsequent quarterly payments will be held until the Cily receives an unqualified audit. Once the audit is received, payment shall be made by the end of each subsequent quarter. In the event this contract for services is terminated, the City shall not be obligated to make any further payments. SECTION 4: OBJECTIVES AND SERVICES - Luther F. Carson hour Rivers Center. Inc. shall provide an extensive youth performance schedule in continuing with their tradition of the "Class Act" series, which over the past four seasons has brought in approximately 100.000 student visitors. SECTION 5: ACCOUNTING (A) Luther F. Carson Four Rivers Center, Inc. shall conduct all accounting, payroll, and financial management. (B) Luther F. Carson Four Rivers Center, Inc. shall supply an annual financial audit to the City within two (2) weeks of receiving same. (C) Prior to June 30. 2017, Luther F. Carson Four Rivers Center, Inc., shall furnish to the City a financial report that details the expenditure of the funds for the purposes specified in Section 3. SECTION 6: ENTIRE AGREEMENT This contract for services embodies the entire agreement between the parties and all prior negotiations and agreements are merged in this agreement. This agreement shall completely and fully supersede all other prior agreements, both written and oral, between the parties. SECTION 7: WITHDRAWAL OF FUNDS Notwithstanding any other provision in this Contract for Services., i:1 the e% cm .t is determined 111"I"rt t ay fulids p3 -o, -.1-i to Luther I-. Carson Four Rivers Center. Inc. are used for some purpose other than in furtherance of the services described herein, the City shall have the right to immediately withdraw any and all further funding and shall immediately have the right to terminate this Contract for Services without advance notice and shall have the right to all remedies provided in the law to seek reimbursement for all monies not properly accounted. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH Gayle Kaler, Mayor LUTHER F. CARSON FOUR RI 'ERS CENTER, INC. Name Title Agenda Action Form Paducah City Commission Meeting Date: August 9, 2016 Short Title: Contract with Barkley Regional Airport Authority ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Claudia Meeks Presentation By: Jeff Pederson, City Manager Background Information: As part of the Investment Fund Decision Items for FY2017. the Commission approved appropriation of the sum of $110;000 to Barkley Regional Airport Authority, to be paid in quarterly installments. When the City provides funds to any organization, we prepare a simple Contract For Services aoccment !ha! describes the publicthe org:;nis adro; :ill provide as a result of receieine i e cit%. ft;nds. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored DocvntoNNns Funds Available: This expenditure was appropriated in the FY2017 Budget. Account Name: Investment Fund Account Number: 004-9999-699-9040/TR0003 Hance U Staff Recommendation: Authorize the Mayor to enter into a one-time Contract For Services with Barkley Regional Airport Authority in the amount of $110.000. Attachments: Ordinance Contract go- ORDINANCE NO. 2016 -8 - AN ORDINANCE AUTHORIZE\TG THE MAYOR TO EXECUTE A CONTRACT %VITH BARKLEY REGIONAL AIRPORT F011 PROVIDING GENERAL AVIATION AND AIR CARRIER SERVICES BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1, That the Mayor is hereby authorized to execute a contract «ith BarkleN Regional Airport in the amount of S 110.000 payable in quarterly installments of 527.500. for providing general aviation and airearrier services to the citizens of .McCracken County and surrounding regions. This contract shall expire June 30, ?017. S;CTiON 1 rl;is e\pendimre shall be charged to ilte Im esimen, Fund. Project No. TR0003. SECTION 3. This ordinance shall be read on two, separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ,ATTEST: Tammara S. Sanderson. Ciro Clerk Introduced by the Board of Commissioners. August 9, 2016 Adopted by the Board of Commissioners. August . 2016 Recorded by Tammara S. Sanderson. City Clerk, August Published by The Pachicah Sun,, ord contract -airport subside FY 16-17 \4ayor 2016 CONTRACT FOR SERVICES This Contract for Services. is effective this day of . 2016. by and between the CITY OF PADUCAH and the BARKLEY REGIONAL AIRPORT AUTHORITY; WITNESSETH: WHEREAS, Barkley Regional Airport is operated by an Airport BDard appointed by the Paducah Mayor and McCracken County Judge Executive; and WHEREAS. Barkley Regional Airport provides essential public transportation services both through its general aviation facilities and the air carrier service that operates there: and WHEREAS, reliable air service at a quality facility is an essential ingredient for the region's economic development; and WHEREAS, loss of revenue resulting from the national economy and changes in the air carrier rrld'Jti'r t' and ,'l: r'eas'.'. ? e� T,', t"s r.ir. w r :,t'F':l :1 � 1 r ] ,.j � i, v, i C%_ci 1n�t =u_C:, operating deficit for the airport: araci NOW THEREFORE, in consideration of the foregoing premises the parties do covenant and agree as follows: SECTION 1: TERM The term of this contract for services shall be from the effective date of the contract, until June 30, 2017. SECTION 2: TERMINATION the City may terminate this Contract for Services upon a thirty -day notice to Barkley Regional Airport in writing or with no notice upon discovering that the airport's financial situation has changed and the subsidy is no longer required. SECTION 3: OPERATIONS PAYMENT Upon receipt of a quarterly invoice; the City shall pay the Barkley Regional Airport Authority the sum of One Hundred Ten Thousand and No/100 ($110,000) Dollars in equal quarterly payments of $27,500. The first quarterly payment shall be made by September 30, 2016. Subsequent quarterly payments will be held until the City receives an unqualified audit. Once the audit is received, payment shall be inade by the end of each subsequent quarter. In the event this contract for services is terminated, the City shall not be obligated to make any further payments, SECTION 4: OBJECTIVES AND SERVICES - During the term of this contract. Barkley Regional Airport will continue to provide general aviation and air carrier services to the citizens of McCracken County and surrounding regions. The Airport Board will continue to work with the City Commission and the McCracken County Fiscal Court to develop new revenue sources so that continued subsidy from the City and County will no longer be necessary. SECTION 5: ACCOUNTING (A) Barkley Regional Airport shall continue to conduct all accounting, payroll, and financial management of airport operations. (B) Barkley Regional Airport shall provide the City a quarterly report of the airport's financial operations and shall supply the City an annual financial audit within two (2) weeks of its completion. Witness the signature of the parties as of the year and date first written above: CITY OF PADUCAH GAYLE KALER, Mayor BARKLEY REGIONAL AIRPORT AUTHORITY Title: 0LALet--4 .1 r. _