HomeMy WebLinkAboutCCMPacket2016-09-06ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONSIDELETIONS
'Y COMMISSION NIEETING
JDA FOR SEPTEMBER 6, 2016
5:30 P.M.
ALL COMMISSION CHAMBERS
)0 SOUTH FIFTH STREET
PRF,SEN`I'ATION: American Heart Association Mission Lifeline EMS Performance
Achievement Award to Police & Fire Chief - Mercy Regional (Irvin Smith
and Jeremy Jeffrey)
I.
MINUTES
II.
MOTION
A. R & F Documents
M�
III.
MUNICIPAL ORDER
A. Approve An Assistance Agreement with the Kentucky
Infrastructure Authority for Paducah Water — B. ROBERTSON
B. Sale of Surplus Property Located at 1319 Park Avenue S.
ERVIN
C. Sale of Surplus Property Located at 2519 Ohio Street — S.
ERVIN
IV.
ORDINANCES — ADOPTION
A. Approve Contract with HDR Engineering, Inc,, for
Broadway/Jefferson Two Way Conversion wl Bike Lanes,
Traffic Study and Signing, Paverr,ent Marking Plan — S. ERVIN
B. Amend Alcoholic Beverage Ordinance — CITY MGR
C. Approve Agreement with Lone Oak Fire District for 911
Dispatch Services --- CITY MGR
D. Approve Agreement with Hendron Fire District for 911 Dispatch
Services — CITY MGR
V.
ORDINANCES -INTRODUCTION
A. Approve First Amendment to the Solid Waste Agreement with
Freedom Waste Service - CITY MGR
B. Approve Final Annexation for Trinity United Methodist Church
— S. ERVIN
C. Closure of a Portion of 'North 29" Street between Harrison Street
and Trimble Street — R. MURPHY
D. Closure of Yopp Street — R. MURPHY
E. Purchase Dumpsters for Solid Waste Division — R. MURPHY
F. Purchase Roll Out Containers for Solid Waste Division — R.
MURPHY
G. Purchase Vehicles for Paducah Police Department -- R.
MURPHY
—�
H. Accept 2016 Port Security Grant Award -- POLICE CHIEF
BAR.NHILL
I. Accept FY2017 Highway Safety Grant Award — POLICE
CHIEF BARNHILL
VI.
CITY MANAGER REPORT
VII.
MAYOR & COMMISSIONER COMMENTS
VIII.
PUBLIC COMMENTS
IX.
EXECUTIVE SESSION
AUGUST 23, 2016
At a Regular Meeting of the Board of Commissioners, held on Tuesday, August 23, 2016, at 5:30
p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Kaler
presided, and upon call of the roll by the City Clerk, the following answered to their names:
Commissioners Rhodes, Wilson and Mayor Kaler (3). Commissioii.er Abraham and Gault were
absent (1).
ADDITIONS/DELETIONS
City Manager Pederson added two ordinance introductions to the agenda. They are agreements
with Lone Oak Fire District and I-lendron Fire District for 911 dispatch services.
PRESENTATIONS
DUCHESS OF PADUCAH
Mayor Kaler gave a Duchess of Paducah award to Carolyn Stratton for community involvement.
DUKE OF PADUCAH
The Mayor gave a Duke of Paducah award to Peter "Wolf' Tothfor returning to Paducah to
stabilize the sculpture, Wacinton, which is located in Noble Park. Mr. Toth is the original artist
who created the sculpture and placed it in Paducah in 1985.
PROCLAMATION
Mayor Kaler presented a proclamation to Gianna Bathory proclaiming August as Suicide
Awareness Month.
NATIONAL QUILT MUSEUM UPDATE
Frank Bennett, Chief Executive Officer, of the National Quilt Museum gave an update on
attendance related to the quilt museum. For the fifth year in a row attendance increased. This
last fiscal year, which ended in June, attendance increased by 2.68%. For the 2015 calendar year
visitors came from 48 different countries and from all 50 states. Mr. Bennett thanked the City
for its support.
PADUCAH-McCRACKEN COUNTY JOINT SEWER AGENCY INDUSTRIAL
SURCHARGES
Executive Director, John Hodges, explained the industrial users surcharge guidelines. At the
State's request the JSA Board passed two surcharges related to iiiAtistrial users that are for
ammonia and oil & grease. The surcharge for ammonia is $.59 llo and $.35 lb for oil and grease.
MINUTES
Commissioner Rhodes offered motion, seconded by Corrunission.ei- Wilson, that the reading of
the Minutes for the August 16, 2016; City Commission meeting Le waived and that the Minutes
of said meeting prepared by the City Clerk be approved as written.
Adopted upon call of the roll, yeas, Commissioners Rhodes, Wil~sson and Mayor Kaler Q).
APPOINTMENTS
PLANNING COMMISSION
Mayor Kaler made the following reappointment: "WHEREAS; subject to the approval of the
Board of Commissioners. I hereby reappoint Bob Wade as a member of the Paducah Planning
Commission. This terry will expire August 31, 2020."
AUGUST 23, 2016
Commissioner Wilson offered motion, seconded by Corrnnissioner Rhodes, that the Board of
Commissioners approve the action of Mayor Kaler in reappointing Bob Wade as a member of
the Paducah Planning Commission.
Adopted upon call of the roll, yeas, Commissioners Rhodes, Wilson and Mayor Kaler (3).
MOTION
R & F DOCUMENTS
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the following
documents be received and filed:
DOCUMENTS
1. Certificate of Liability Insurance for Barnhill Excavation & Landscaping
2. Law Enforcement Service Fee Grant Award for FY2016 Paducah Police Department DUI
Enforcement (ORD 2016-08-8402)
3. Interlocal Agreement with McCracken County for administration of the 2016 Household
Hazardous Waste Grant Award (ORD 2016-06-8368)
4. Interlocal Agreement with McCracken County for acceptance and administration of the
Edward Byrne Justice Assistance Grant Award (ORD 2016-06-8377)
5. Agreement with McKeel Equipment Co., Inc for purchase of one backhoe loader (ORD
2016-8-8398)
6. Agreement with McKeel Equipment Co,. Inc for purchase of one rubber track loader
(ORD 2016-8-8399)
7. Agreement with Municipal Equipment Co. for purchase of one side arm refuse truck (Ord
2016-8-8400)
8. Agreement with ERB Equipment Co. for purchase of one wheeled loader (ORD 2016-8-
8397)
9. Contracts for Service:
a. Greater Paducah Economic Development Council & EntrePaducah (ORD 2016-8-
8404)
b. Paducah Junior College, Inc. — Scommunity Scholarship Program (ORD 2016-8-
8405)
c. Paducah Junior College, Inc. —Paducah School of Art (ORD 2016-8-8406)
d. Paducah Transit Authority (ORD 2016-8-8407)
e. Luther F. Carson Four Rivers Center, Inc. (ORD 2016-8-8408)
f. Barkley Regional Airport Authority (ORD 2016-8-8409)
Adopted upon call of the roll, yeas, Commissioners Rhodes, Wilson and Mayor Kaler (3).
MUNICIPAL ORDER
PERSONNEL ACTIONS
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, 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)
AUGUST 23, 2016
Adopted upon call of the roll, yeas, Commissioners Rhodes, Wilson and Mayor Kaler (3).
AUTHORIZE APPLICATION FOR NEA OUR TOWN GRANT
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that a Municipal
Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE PLANNING DEPARTMENT
TO SUBMIT AN APPLICATION AND ALL DOCUMENTS NECESSARY FOR THE CITY
OF PADUCAH IN PARTNERSHIP WITH THE MARKET HOUSE THEATER TO APPLY
FOR THE 2016 OUR TOWN MATCHING GRANT FUNDED 13Y THE NATIONAL
ENDOWMENT FOR THE ARTS IN THE AMOUNT OF $150,OJ0, TO BE USED FOR THE
MARKET HOUSE THEATER'S "THE NEXT STAGE" CAMPAIGN AND AUTHORIZES
THE MAYOR TO EXECUTE ALL APPLICATION DOCUMENTS RELATING TO SAME,"
be adopted.
Adopted upon call of the roll, yeas, Commissioners Rhodes, Wilson and Mayor Kaler (3),
M.Q.#1927; BK 9
EXTENSION OF CASUALTY INSURANCE FOR COLUMBIA THEATRE
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a Municipal Order
entitled, "A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE EXECUTION OF
CONSENT TO CASUALTY INSURANCE RENEWAL WITH THE COLUMBIA CLUB, INC., A
KENTUCKY NON-PROFIT CORPORATION," be adopted.
Adopted upon call of the roll, yeas, Commissioners Rhodes, Wilson and Mayor Kaler (3).
M.O.91928; BK 9
ORDINANCES — ADOPTION
CONTRACT WITH HDR ENGINEERING, INC FOR ENGINEERING DESIGN AND
CONSTRUCTION INSPECTION FOR FLOOD PUMP STATIONS 42 & 99
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY, APPROVING A PROFESSIONAL SERVICE AGREEMENT FOR
ENGINEERING DESIGN SERVICES REQUIRED TO COMPLETE THE PROJECT PLANS
FOR FLOOD CONTROL PUMP STATIONS #2 AND #9; AUTHORIZING ADDITIONAL
CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES DURING THE
CONSTRUCTION OF THE PROJECT, AND AUTHORIZING THE EXECUTION OF SAID
CONTRACT." This ordinance is summarized as follows: The City hereby approves the
Professional Service Agreement with HDR Engineering, Inc., for engineering design services
required to complete the Project Plans for Flood Control Pump Stations #2 and 99. The City also
agrees for HDR to provide construction administration and inspection services during the
construction of the project. The total amount for the contract for all services will not to exceed
$132,500. Further, the Mayor of the City is hereby authorized to execute the Agreement.
Adopted upon call of the roll, yeas, Commissioners Rhodes, Wilson and Mayor Kaler (3).
01ZD,42016-8-8410; BK 34
ACCEPT 2016-2017 EDWARD I3YRNE MEMORIAL JUSTICE ACCOUNTABILITY
GRANT AWARD
AUGUST 23, 2016
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE APPROVING THE
EXECUTION OF AN AGREEMENT, AND ALL DOCUMENTS RELATING THERETO,
WITH THE U.S. DEPARTMENT OF JUSTICE FOR A 2016-2017 EDWARD BYRNE
MEMORIAL JUSTICE ACCOUNTABILITY GRANT THROUGH THE U.S. DEPARTMENT
OF JUSTICE TO BE USED BY THE PADUCAH POLICE." This ordinance is summarized as
follows: The City of Paducah hereby approves the execution ofa grant agreement, and all
documents relating thereto, with the U. S. Department of Justice for a 2016-2017 Edward Byrne
Memorial Justice Accountability Grant, in the amount of $11,963.00, to be used by the Paducah
Police Department to purchase mobile radios. No local match is required.
Adopted upon call of the roll, yeas, Commissioners Rhodes, Wilson and Mayor Kaler (3).
ORD.#2016-8-8411; BK 34
APPROVE CITY MANAGER EMPLOYMENT AGREEMENT EXTENSION
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE ADDENDUM N0.3 TO THE AGREEMENT TO
EMPLOY JEFFREY A. PEDERSON AS PADUCAH CITY MANAGER". This ordinance is
summarized as follows: The City hereby approves an addendum to the employment agreement
with Jeffrey Pederson and authorizes the Mayor to execute said addendum. The changes are as
follows: Term of agreement increase effective July 26, 2016 to July 26, 2019; a salary increase
to $165,897 annually; and an allowance for a portion of unused sick leave to be paid out upon
resignation.
Adopted upon call of the roll, yeas, Commissioners Rhodes, Wilson and Mayor Kaler (3).
URD.92016-8-8412; BK 34
ORDINANCES — INTRODUCTION
APPROVE CONTRACT WITH HDR ENGINEERING, INC., FOR
BROADWAY/JEFFERSON TWO WAY CONVERSION WITH BIKE LANES, TRAFFIC
STUDY AND SIGNING PAVEMENT MARKING PLAN
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the
Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE OF THE
CITY OF PADUCAH, KENTUCKY, APPROVING A SHORTFORM AGREEMENT
WITH HDR ENGINEERING, INC., FOR PROFESSIONAL S1-RVICES FOR THE
BROADWAY/JEFFERSON TWO WAY CONVERSION WITH BIKE LANES
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT."
This ordinance is summarized as follows: The City hereby appro-ves an agreement with
HDR Engineering, Inc., for professional services to study BroadtAlay and Jefferson Streets
being converted to two-way, adding bike lanes on Broadway and Jefferson to connect to
Phase 5 of the Greenway Trail and Noble Park, prepare a signing and marking plan for
bidding, perform signal warrant studies for all intersections within the study area to see if
the intersections can be converted to 4 -way stop intersections and perform a signal
warrant study at P and Jefferson. Additionally, HDR will assist the City in tilt
preparation of the Transportation Alternative Grant. Further, the Mayor is authorized to
execute said agreement. Total compensation for the services provided by HDR is the
Jump sum of $63,000.
AUGUST 23, 2016
AMEND ALCOHOLIC BEVERAGE ORDINANCE
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners introduce an Ordinance entitled, ""AN ORDINANCE AMENDING CHAPTER
6, SECTIONS 6-4, 6-7, 6-9, 6-31, 6-35, AND 6-40 OF THE CODE OF ORDINANCES OF
THE CITY OF PADUCAH, KENTUCKY." This Ordinance is,,Tutrtmarized as follows: This
Ordinance amends Chapter 6 of the Paducah Code of Ordinances 10 conform with recent
amendments to KRS Chapters 241 through 244, enacted pursuant to the passage of Senate Bill
11 during the 2016 Regular Session of the Kentucky General Assembly, regarding rectifier's
licenses, special temporary alcoholic beverage auction licenses, and alcoholic beverage server
training; to modify the times during which alcoholic beverages are permitted to be sold on
Sunday; to permit Sunday sales of alcoholic beverages by the drink for athletic facilities holding
a Quota Retail Drink license, by the drink for licensed distilleries that also hold a Nonquota type
3 license, and in souvenir packages for all licensed distilleries; and to require wholesalers and
distributors to verify that retailers hold a valid local license prior to selling them alcoholic
beverages.
AGREEMENT WITH LONE OAK FIRE DISTRICT FOR 911 DISPATCH SERVICES
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the
Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE OF THE
CITY OF PADUCAH, KENTUCKY, APPROVING AN AGREEMENT WITH LONE
OAK FIRE DISTRICT FOR DISPATCH SERVICES, AND AU7HORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT." This ordinance is summarized as
follows: The City of Paducah hereby approves a Communications Service Agreement
with Lone Oak Fire District 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 (18) months unless either the City or Lone Oak decide to lerminate or
renegotiate the Agreement.
AGREEMENT WITH HENDRON FIRE DISTRICT FOR 911 DISPATCH
SERVICES
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the
Board of Commissioners introduce an Ordinance entitled; "AN ORDINANCE OF THE
CITY OF PADUCAH, KENTUCKY, APPROVING AN AGREEMENT WITH
HENDRON FIRE DISTRICT FOR DISPATCH SERVICES, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT." This ordinance is summarized as
follows: The City of Paducah hereby approves a Communicatiotis Service Agreement
with Hendron Fire District 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. Suchterra shall automatically
renew at the end of the Initial Term and any subsequent terms tltereafler for an additional
eighteen (18) months unless either the City or Hendron decide to terminate or renegotiate
the Agreement.
CITY MANAGER REPORT
Public Information Officer Pam Spencer shoNved the Paducah View episode called Storm Water
Management. In this episode, City of Paducah Storm Water and Drainage Engineer Eric
AUGUST 23, 2016
Hickman discusses storm water management and how the public can help maintain flow into the
system.
ADOPTED: September 6, 2016
City Clerk
Mayor
SEPTEMBER 6, 2016
I move that the following documents and bids be received and flied:
DOCUMENTS
1. Certificate of Liability Insurance and Right of Vijay Bond for Extreme Construction, LLC
2. Contracts/Agreements:
a. Consent to Casualty Insurance Renewal for the Columbia Club `I'lleater (MO #
1928)
b. Professional Consulting Agreement with Federal Engineering, Inc. for 91.1
Communications Services Department (ORD # 2016-08-8401)
c. Professional Services Agreement with Bacon, Farmer, Workman Engineering &
Testing, Inc. for the Noble Park Pond Bank Stabilization Phase II (Executed by
CM)
d. Addendum No. 3 to Agreement to Employ Jeffrey A. Pederson as Paducah City
Manager (ORD # 2016-08-8412)
e, Contracts for Services with Midtown Alliance of Neighbors for FY 2014, 2015 &
2016 (Executed by CM)
3. Paducah Water Works Financial Statements for period ended July 31, 2016
BIDS FOR PLANNING DEPARTMENT
1.319 Park Avenue
1. Brent Lindsey"
2519 Ohio Street
1. Karolyn Bro",n"
BIDS F01Z ENGINEERING -PUBLIC WORKS DEPARTMENT
Ten (10) Police Pursuit Rated SUV's
1. Paducah Ford*
Agenda Action Form
Paducah City Commission
Meeting Date: September 6, 2016
Short Title: A MUNICIPAL ORDER OF THE CITY OF PADUCAH,
KENTUCKY APPROVING AN ASSISTANCE AGREEMENT DATED AS OF
AUGUST 1, 2016 BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE
KENTUCKY INFRASTRUCTURE AUTHORITY; AUTHORIZING THE
EXECUTION OF THE AGREEMENT
❑ Ordinance ❑ Emergency ®Municipal Order ❑ Resoluton ❑ Motion
Staff Work By: Bill Robertson and Jason Petersen
Presentation By: Jason Petersen, Paducah Water Engineering Manager
Background Information:
In December of 2015 by Municipal Order No. 1822 the City Commission approved for Paducah
Water to obtain loan assistance to upgrade its drinking water infrastructure. Paducah Water moved
forward with the application and is now requesting approval of the Assistance Agreement and
authorization for the execution of the agreement and supporting documents by the Mayor.
The loan fiends will be used to install 9,000 linear feet of 24 inch dactile iron pipe water main lines
from the 8h Street Treatment Plant to Campbell Street and Kentucky Avenue.
The City of Paducah will be obligated on the debt as the City ownsthe waterworks and appoints the
Commissioners of Waterworks of the City of Paducah. The Commissioners of Waterworks manages
and operates the water system on behalf of the City. Paducah Water makes full monthly financial
reports and an annual audit to the City Commission. City of Paducah also approves all rates for
service furnished so as to ensure that all costs of operation and debt service are covered by service
charges.
Goal: ❑Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns
Staff Recommendation:
To approve the terms and conditions of the August I, 2016, Assistance Agreement with Kentucky
Infrastructure Authority and authorizing the execution of the agreement and supporting documents by
the Mayor.
Attachments: Assistance Agreement dated August 1, 2016 and General Closing Certificate
of Governmental Agency
Department Head
City Clerk
ty Manager
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY
APPROVING AN ASSISTANCE AGREEMENT DATED AS OF AUGUST 1,
2016 BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE
KENTUCKY INFRASTRUCTURE AUTHORITY; AUTHORIZING THE
EXECUTION OF THE AGREEMENT
WHEREAS, the City Commission ("Governing Authority") of the City of Paducah,
Kentucky ("Governmental Agency") has previously determined that it is in the public interest to
acquire and construct certain facilities and improvements to the Governmental Agency's Water
Systema (the "Project") and
WHEREAS, the Governmental Agency has made application to the Kentucky
Infrastructure Authority (the "Authority") for the purpose of providing monies to acquire and
construct the Project; and
WHEREAS, in order to obtain such monies, the Governuraental Agency is required to
enter into an assistance agreement dated as of August 1, 2016 (the "Assistance Agreement") with
the Authority.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Paducah, Kentucky, as follows:
SECTION 1. That the Governing Authority hereby approves and authorizes the
Assistance Agreement between the Governmental Agency and the Authority substantially in the
form on file with the Governmental Agency for the purpose of providing the necessary financing
to the Governmental Agency for the acquisition and construction of the Project.
SECTION 2. That the Mayor and Clerk of the Governmental Agency be and hereby are
authorized, directed and empowered to execute necessary documents or agreements, and to
otherwise act on behalf of the Govenu--ental Agency to effect such financing.
law.
SECTION 3. That this Municipal Order shall take effect at the earliest time provided by
Mayor
Attest:
Clerk
Adopted by the Board of Commissioners, __ '2016
Recorded by City Clerk, _ , 2016
MOlagree-pww KIA Agreement
CERTIFICATE
I, the undersigned, hereby certify that I am the duly qualified and acting Clerk of the City
of Paducah, Kentucky; that the foregoing is a full, true and correct copy of a Municipal Order
adopted by the City Commission of said City at a meeting duly held on 2016;
that said official action appears as a matter of public record in the official records or journal of
the governing authority; that said meeting was held in accordance with all applicable
requirements of Kentucky law, including KRS 61.810, 61.815, 61.820 and 61.823; that a quorum
was present at said meeting; that said official action has not been modified, amended, revoked or
repealed and is now in full force and effect.
IN TESTIMONY WHEREOF, witness my signature this day of , 2016.
10598191 v1
PA
Clerk
KENTUCKY 13NTRASTRUCTURE AUTHORITY
PROJECT NUMBER:
BORROWER:
BORROWER'S ADDRESS:
ASSISTANCE AGREEMENT
1C;�H 9f
F15-064
City of Paducah, Kentucky
1800 North 8th Street
Paducah, Kentucky 42001
DATE OF ASSISTANCE AGREEMENT: August 1, 2016
CFDA NO.: 66.458
ASSISTANCE AGREEMENT
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
ARTICLE II
REPRESENTATIONS AND WARRANTIES
SECTION 2. L Representations and Warranties of Authority .......................................... 6
SECTION 2.2. Representations and Warranties of the Governmental Agency ............... 6
ARTICLE III
AUTHORITY'S AGREEMENT TO MAKE LOAN; TERMS
SECTION 3.1. Determination of Eligibility...................................................................... 9
SECTION 3.2. Principal Amount of Loan Established; Loan Payments;
Disbursement of Funds........................................................................... 9
SECTION 3.3. Governmental Agency's Right to Prepay Loan ........................................ 9
SECTION 3.4. Subordination of Loan .............................................................................. 9
ARTICLE rV
CONDITIONS PRECEDENT TO DISBURSEMENT;
REQUISITION FOR FUNDS
SECTION 4.1. Covenants of Governmental Agency and Conditions of Loan ............... I]
SECTION 4.2. Additional Conditions to Disbursement Required
Under the Federal Agreement............................................................... 13
SECTION 4.3. Disbursements of Lou; Requisition for Funds ...................................... 14
ARTICLE V
CERTAIN COVENANTS OF THE GOVERNMENTAL AGENCY;
PAYMENTS TO BE MADE BY GOVERNMENTAL AGENCY TO THE AUTHORITY
SECTION 5.1. Imposition of Service Charges................................................................16
SECTION 5.2. Governmental Agency's Obligation to Repay Loan ............................... 16
SECTION 5.3. Covenant to Adjust Service Charges ..................................................... 16
SECTION 5.4. Adequacy of Service Charges................................................................ 16
SECTION 5.5. Covenant to Establish Maintenance and Replacement Reserve ............ 17
SECTION 5.6. Covenant to Charge Sufficient Rates; Reports; Inspections .................. 17
SECTION 5.7. Segregation of Funds............................................................................. 17
SECTION 6.1.
SECTION 6.2,
SECTION 6.3.
SECTION 6.4.
SECTION 6.5.
SECTION 6.6.
SECTION 6.7.
SECTION 6.8.
SECTION 6.9.
SECTION 6.10.
SECTION 6.11.
SECTION 6.12
ARTICLE VI
OTHER COVENANTS OF THE GOVERNMENTAL AGENCY
Further Assurance...:..........................................I.....................
Completion of Project..............................................................
Establishment of Completion Date ....... --................................
Commitment to Operate ................................................ -- ......
,
Continueto Operate..................................................................
TaxCovenant............................................................................
Accountsand Reports...............................................................
Financial Statements.................................................................
General Compliance With All Duties .......................................
General...................................................................................
Further Covenants Under the Federal Agreement ....................
Continuing Disclosure Obligation ............................................
ARTICLE VII
MAINTENANCE, OPERATION, INSURANCE AND CONDEMNATION
SECTION 7.1.
SECTION 7.2.
SECTION 7.3
SECTION 7.4.
SECTION 7.5.
SECTION 7.6.
SECTION 7.7.
SECTION 7.8.
SECTION 7.9.
SECTION 7.10.
SECTION 7.11.
SECTION 7.12.
Maintenance of System ..............:.......................................
Additions and Improvements .............................................
System Not to be Disposed of ............................................
Compliance with State and Federal Standards ...................
Access to Records...............................................................
Covenant to Insure - Casualty .............................................
Authority as Named Insured ...............................................
Covenant to Insure - Liability .............................................
Covenant Regarding Workers' Compensation.. , .................
Application of Casualty Insurance Proceeds ......................
EminentDomain.................................................................
Flood Insurance..................................................................
ARTICLE VIII
EVENTS OF DEFAULT AND REMEDIES
.................. 22
.................. 22
.................. 22
.................. 22
.................. 22
................. 22
.................. 23
.................. 23
.................. 23
.................. 23
.................. 23
.................. 24
SECTION 8.1.
Events of Default Defined......................................................................25
SECTION 8.2.
Remedies on Default...............................................................................
25
SECTION 8.3.
Appointment of Receiver........................................................................
26
SECTION 8.4.
No Remedy Exclusive............................................................................
26
SECTION 8.5.
Consent to Powers of Authority Under Act ............................................
26
SECTION8.6.
Waivers...................................................................................................26
SECTION 8.7.
Agreement to Pay Attorneys' Fees and Expenses ...................................
26
ii
ARTICLE IX
SIGNATURES..........................................................................
EXHIBIT A - PROJECT SPECIFICS.........................................................................
EXHIBIT B - REQUISITION FORM.........................................................................
EXHIBIT C - SCHEDULE OF SERVICE CHARGES ..............................................
EXHIBIT D — RESOLUTION.................................................................................
EXHIBIT E - LEGAL OPINION................................................................................
EXHIBIT F - SCHEDULE OF PAYMENTS.............................................................
EXHIBIT G - ADDITIONAL COVENANTS AND AGREEMENTS .......................
iii
MISCELLANEOUS PROVISIONS
SECTION 9.1.
Approval not to be Unreasonably Withheld ...........................................
27
SECTION9.2.
Approval.................................................................................................
27
SECTION 9.3.
Effective Date.........................................................................................
27
SECTION 9.4.
Binding Effect.........................................................................................
27
SECTION 9.5.
Severability.............................................................................................
27
SECTION 9.6.
Assignability...........................................................................................
27
SECTION 9.7.
Execution in Counterparts......................................................................
27
SECTION 9.8.
Applicable Law.......................................................................................
27
SECTION9.9.
Captions..................................................................................................
27
SIGNATURES..........................................................................
EXHIBIT A - PROJECT SPECIFICS.........................................................................
EXHIBIT B - REQUISITION FORM.........................................................................
EXHIBIT C - SCHEDULE OF SERVICE CHARGES ..............................................
EXHIBIT D — RESOLUTION.................................................................................
EXHIBIT E - LEGAL OPINION................................................................................
EXHIBIT F - SCHEDULE OF PAYMENTS.............................................................
EXHIBIT G - ADDITIONAL COVENANTS AND AGREEMENTS .......................
iii
ASSISTANCE AGREEMENT
This Assistance Agreement made and entered into as of the date set forth on the cover
page hereof (the "Assistance Agreement") by and between the KENTUCKY
INFRASTRUCTURE AUTHORITY, a body corporate and politic, constituting a public
corporation and governmental agency and instrumentality of the Commonwealth of Kentucky
(the "Authority") and the Governmental Agency identified'on the cover of this Assistance
Agreement (the "Governmental Agency"):
WITNESSETH
WHEREAS, the General Assembly of the Commonwealth of Kentucky, being the duly
and legally constituted legislature of Kentucky at its 1988 Regular Session, enacted House Bill
217 amending Chapter 224A of the Kentucky Revised Statutes (the "Act"), creating the
"Kentucky Infrastructure Authority" to serve the public purposes identified in the Act; and
WHEREAS, the Authority has established its Program as hereinafter defined, for the
purpose of providing financial assistance to Governmental Agencies, as defined in the Act, in
connection with the acquisition and construction of Projects, as defined in the Act, in order to
preserve, protect, upgrade, conserve, develop, utilize and amnage the resources of the
Commonwealth of Kentucky (the "Commonwealth") for the protection and preservation of the
health, safety, convenience, and welfare of the Commonwealth, and its citizens, and in that
respect to assist and cooperate with Governmental Agencies in achieving such purposes; and
WHEREAS, the Program is funded in part, pursuant to the Capitalization Grant
Operating Agreement between the Authority and the U.S. Environmental Protection Agency
dated as of November 1, 1998, as amended, supplemented or restated from time to time (the
"Federal Agreement") under which the Authority is responsible for providing certain "match
funding' described in the Federal Agreement; and
WHEREAS, the Authority has issued, and will issue from time to time, its revenue bonds
pursuant to a General Trust Indenture dated as of February 1, 2000 (the "Indenture") between the
Authority and U.S. Bank, National Association, as lawful successor in interest to National City
Bank of Kentucky (the "Trustee"), in order to provide the "match funding" for the Program; and
WHEREAS, the Governmental Agency has determined that it is necessary and desirable
to finance the acquisition and construction of the Project, as hereinafter defined, and the
Authority has determined that the Project is a Project within the meaning of the Act and the
Indenture, thereby qualifying for financial assistance from the Authority; and
WHEREAS, the Governmental Agency desires to enter into this Assistance Agreement
with the Authority for the purpose of securing from the Authority she repayable Loan hereinafter
identified; and
WHEREAS, the Authority is willing to cooperate with .die Governmental Agency in
making available the Loan pursuant to the Act and the Indenture to be applied to the Project
upon the conditions hereinafter enumerated and the covenants by the Governmental Agency
herein contained to repay the Loan and the interest thereon from the sources herein provided, all
as hereinafter more specifically provided; and
WHEREAS, the Authority and the Governmental Agency have determined to enter into
this Assistance Agreement pursuant to the terms of the Act and the Indenture and to set forth
their respective duties, rights, covenants, and obligations with respect to the acquisition,
construction and financing of the Project and the repayment of the Loan and the interest thereon;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
COVENANTS HEREIN SET FORTH, THE LOAN HEREBY EFFECTED AND OTHER
GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED BY EACH PARTY, THE PARTIES HERETO MUTUALLY
COVENANT AND AGREE, EACH WITH THE OTHER AS FOLLOWS:
2
ARTICLE I
DEFINITIONS
All of the terms utilized in this Assistance Agreement will have the same definitions and
meaning as ascribed to them in the Act and the Indenture, which Act and Indenture are hereby
incorporated in this Assistance Agreement by reference, the same as if set forth hereby verbatim;
provided, however, that those definitions utilized in the Act and [he Indenture having general
application are hereby modified in certain instances to apply specifically to the Governmental
Agency and its Project.
"Act" shall mean Chapter 224A of the Kentucky Revised Statutes, as amended.
"Administrative Fee" means the charge of the Authority for the servicing of the Loan,
which is the annual percentage charged against the unpaid principal balance of the Loan as
identified in the Project Specifics.
"Architects" means the firm of consulting architects employed by the Governmental
Agency in connection with the Project identified in the Project Specifics.
"Assistance Agreement" sball mean this agreement made and entered into by and between
a Governmental Agency and the Authority, as authorized by the Act, providing for a Loan to the
Governmental Agency by the Authority, and for the repayment tLereof to the Authority by the
Governmental Agency.
"Authority" shall mean the Kentucky Infrastructure Autho-ity created by the Act, a body
corporate and politic, constituting a public corporation and a governmental agency and
instrumentality of the Commonwealth of Kentucky, or such other designation as may be effected
by future amendments to the Act.
"Bond" or "Bonds" or "Revenue Bonds" shall mean any Kentucky Infrastructure
Authority Bond or Bonds, or the issue of such Bonds, as the case may be, authenticated and
delivered under the Indenture.
"Business Day" shall mean any day other than a Saturday, Sunday or other legal holiday
on which the general offices of the Commonwealth are closed.
"Cabinet" means the Energy and Environment Cabinet of t1e. Commonwealth.
"Code" shall mean the Internal Revenue Code of 1986, as amended, and shall include the
Regulations of the United States Department of the Treasury promulgated thereunder.
"Commonwealth" shall mean the Commonwealth of Kentucky.
"Construction" shall mean construction as defined in the Act,
"Debt Obligations" shall mean those outstanding obligations of the Governmental
Agency identified in the Project Specifics outstanding as of the date of this Assistance
Agreement or issued in the future in accordance with the terms hereof, payable from the income
and revenues of the System.
"Drinking Water Supply Project" shall mean the planning, design and construction of
drinking water treatment and distribution systems, including expenditures to address Federal Act
health goals, or to address situations where compliance standards have been exceeded or to
prevent future violations of rules, and may further include drinking water treatment plants,
including basins for rapid mix, flocculation, coagulation, filtration, pre-treatment disinfection,
and disinfection prior to entry to the distribution system; distribution systems; storage tanks;
intake Iines and short-term water storage; clearwells; drilled wells artd wellhead areas; and any
other structure or facility considered necessary by the Cabinet to the efficient and sanitary
operation of a public water system and complies with the requireniouts of the Federal Act.
"Engineers" means the firm of consulting engineers employed by the Governmental
Agency in connection with the Project identified in. the Project Specifics.
"Federal Act" shall mean the Federal Safe Drinking Water Act, as amended, 42 U.S.C.
Section 1401, et seq.
"Governmental Agency" shall mean any incorporated city or municipal corporation, or
other agency or unit of government within the Commonwealth, now having or hereafter granted
the authority and power to finance, acquire, construct, and operate infrastructure projects,
including specifically but not by way of limitation, incorporated cities, counties, including any
counties containing a metropolitan sewer district, sanitation disiricts, water districts, sewer
construction districts, metropolitan sewer districts, sanitation taxing districts, and any other
agencies, commissions, districts, or authorities (either acting alone, or in combination with one
another pursuant to any regional or area compact, or multi -municipal agreement), now or
hereafter established pursuant to the laws of the Commonwealth having and possessing such
described powers; and for the purposes of this Assistance Agreement shall mean the
Governmental Agency identified in the Project Specifies.
"Indenture" shall mean the General Trust Indenture dated as of 1~ebruary 1, 2000 between
the Authority and the Trustee.
"Interagency Agreement" means the Memorandum of Understanding dated as of July 1,
1999 between the Authority and the Cabinet, as the same may be,aniended or supplemented from
time to time,
"Loan" shall mean the loan effected under this Assistance Agreement from the Authority
to the Governmental Agency in the principal amount set forth in the Project Specifics, for the
purpose of defraying the costs incidental to the Construction of the Project_
"Loan Rate" means the rate of interest identified in the S&h eule of Payments.
"Person" shall mean any individual, firm., partnership, association, corporation or
Governmental Agency.
"Program" shall mean the program authorized by KRS 224A.1115 and the Indenture as
the "federally assisted drinking water revolving fund" for financing Projects through Loans by
the Authority to Governmental Agencies and shall not be deemed to mean or include any other
programs of the Authority.
M
"Project" shall mean, when used generally, a Drinking Water Supply Project, and when
used in specific reference to the Govenunental Agency, the Project described in the Project
Specifics.
"Project Specifics" means those specific details of the Project identified in Exhibit A
hereto, all of which are incorporated by reference in this Assistance Agreement.
"Requisition for Funds" means the form attached hereto as Exhibit B to be utilized by the
Governmental Agency in obtaining disbursements of the Loan From the Authority as the
Construction of the Project progresses.
"Resolution" means the resolution of the Govemmental Agency attached hereto as
Exhibit D authorizing the execution of this Assistance Agreement.
"Schedule of Payments" means the principal and interest requirements of the Loan as set
forth in Exhibit P hereto, to be established and agreed to upon or prior to the completion of the
Project.
"Schedule of Service Charges" shall mean those general charges to be imposed by the
Governmental Agency for services provided by the System, as set forth in Exhibit C hereto, and
such other revenues identified in Exhibit C hereto from which the Loan is to be repaid, which
Schedule of Service Charges shall be in full force and effect to the satisfaction of the Authority
prior to the disbursement of any portion of the Loan hereunder.
"Service Charges" shall mean any monthly, quarterly, semi-annual, or annual charges,
surcharges or improvement benefit assessments to be imposed by a Governmental Agency, or by
the Authority, in respect of the System, which Service Charges arise by reason of the existence
of, and requirement of, any Assistance Agreement and for the purposes of this Assistance
Agreement said Service Charges shall be no less than those set forth. in the Schedule of Service
Charges.
"System" shall mean the water system owned and operated by the Governmental Agency
of which the Project shall become a part and from the earnings of which (represented by the
Service Charges) the Governmental Agency shall repay the Authority the Loan hereunder.
ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1. Representations and Warranties of Authority. The Authority represents and
warrants for the benefit of the Governmental Agency as follows:
(A) The Authority is a body corporate and politic consfituting a govermnental agency
and instrumentality of the Commonwealth, has all necessary power and Authority to enter into,
and perform its obligations under, this Assistance Agreement, and has duly authorized the
execution and delivery of this Assistance Agreement_
(B) Neither the execution and delivery hereof, nor the fulfillment of or compliance
with the terms and conditions hereof, nor the consummation of (lie transactions contemplated
hereby, conflicts with or results in a breach of the terms, conditions and provisions of any
restriction or any agreement or instrument to which the Authority is now a party or by which the
Authority is bound, or constitutes a default under any of the foregoing.
(C) To the knowledge of the Authority, there is no litigation or proceeding pending or
threatened against the Authority or any other person affecting the right of the Authority to
execute or deliver this Assistance Agreement or to comply with its obligations under this
Assistance Agreement. Neither the execution and delivery of this Assistance Agreement by the
Authority, nor compliance by the Authority with its obligations ander this Assistance
Agreement, require the approval of any regulatory body, or any other entity, which approval has
not been obtained.
(D) The authorization, execution and delivery of this Assistance Agreement and all
actions of the Authority with respect thereto, are in compliance with the Act and the Federal Act
and any regulations issued thereunder.
Section 2.2. Representations and Warranties of the Governmental Agency. The
Governmental Agency hereby represents and warrants for the benefit of the Authority as follows:
(A) The Governmental Agency is a duly organized and validly existing Governmental
Agency, as described in the Act, with full power to own its properties, conduct its affairs, enter
into this Assistance Agreement and consummate the transactions contemplated hereby.
(B) The negotiation, execution and delivery of this Assistance Agreement and the
consummation of the transactions contemplated hereby have been duly authorized by all
requisite action of the governing body of the Governmental. Agency.
(C) This Assistance Agreement has been duly executed and delivered by the
Governmental Agency and is a valid and binding obligation of the Governmental Agency
enforceable in accordance with its terms, except to the extent that the enforceability hereof may
be limited by equitable principles and by bankruptcy, reorganization, moratorium, insolvency or
similar laws heretofore or hereafter enacted relating to or affecting the enforcement of creditors'
rights or remedies generally.
(D) To the knowledge of the Governmental Agency, there is no controversy or
litigation of any nature pending or threatened, in any court or before any board, tribunal or
I
administrative body, to challenge in any manner the authority of the Governmental Agency or its
governing body to make payments under this Assistance Agreement or to proceed with the
Project, or to challenge in any manner the authority of the Governmental Agency or its
governing body to take any of the actions which have been taken in the authorization or delivery
of this Assistance Agreement or the Construction of the Project, or in any way contesting or
affecting the validity of this Assistance Agreement, or in any way questioning any proceedings
taken with respect to the authorization or delivery by the Governmental Agency of this
Assistance Agreement, or the application of the proceeds thereof or the pledge or application of
any monies or security provided therefor, or in any way questioning the due existence or powers
of the Governmental Agency, or otherwise wherein an unfavorable decision would have an
adverse impact on the transactions authorized in connection with this Assistance Agreement.
(E) The authorization and delivery of this Assistance Agreement and the
consummation of the transactions contemplated hereby will not cor_stitute an event of default or
violation or breach, nor an event which, with the giving of notice or the passage of time or both,
would constitute an event of default or violation or breach, under any contract, agreement,
instrument, indenture, lease, judicial or administrative order, decree, rule or regulation or other
document or law affecting the Governmental Agency or its governing body.
(F) Attached hereto as Exhibit D is a true, accurate and complete copy of the
resolution or ordinance of the governing body of the Governmental Agency approving and
authorizing the execution and delivery of this Assistance Agreement. Such resolution or
ordinance was duly enacted or adopted at a meeting of the governing body of the Governmental
Agency at which a quortun was present and acting throughout; such resolution or ordinance is in
full force and effect and has not been superseded, altered, amended or repealed as of the date
hereof; and such meeting was duly called and held in accordance with law.
(G) All actions taken by the Governmental Agency in connection with this Assistance
Agreement and the Loan described herein and the Project have been in full compliance with the
provisions of the Kentucky Open Meeting Laval, KRS 61.805 to 61,850.
(H) The Governmental Agency has all licenses, periuits and other governmental
approvals (including but not limited to all required approvals of the Kentucky Public Service
Commission) required to own, occupy, operate and maintain the Project, to charge and collect
the Service Charges and to enter into this Assistance Agreement, is not in violation of and has
not received any notice of an alleged violation of any zoning or land use laws applicable to the
Project, and has full right, power and authority to perform the acts and things as provided for in
this Assistance Agreement.
(1) Legal counsel to the Governmental Agency has duly executed and delivered the
opinion of legal counsel substantially in the form set forth in Exhibit E hereto.
(J) The Governmental Agency is in full compliance with all federal and state labor
and procurement laws in connection with the planning, design, acquisition and construction of
the Project.
(K) Project is consistent with the water supply plan developed pursuant to 401 KAR
4:220 for the county in which the Governmental Agency is located.
7
ARTICLE III
AUTHORITY`S AGREEMENT TO MAKE LOAD; TERMS
Section 3.1. Determination of Eligibility. Pursuant to the terms of the Act and the
Indenture, the Authority has determined that the Governmental Agency's Project is a Drinking
Water Supply Project under the Act and the Governmental Agency is entitled to financial
assistance from the Authority in connection with financing the Construction of the Project.
Section 3.2. Principal Amount of Loan Established; Loan Payments; Disbursenient of
Funds. The principal amount of the Loan shall be the Loan Annount as identified in the Project
Specifics, subject to such adjustments as may be set forth in the Schedule of Payments. Principal
payments shall be made semiannually in the amounts and on the dates to be established by the
Schedule of Payments, which Schedule of Payments shall provide for approximately level debt
service payments over the Repayment Term set forth in the Project Specifics, commencing with
the Amortization Commencement Date set forth in the Project Specifics.
The Loan shall bear interest, payable semiannually, at the Loan Rate identified in the
Project Specifics, and after the Amortization Commencement Date, in the amounts (based on
such Loan Rate) and on the dates set forth in the Schedule of payments; provided that, should an
Event of Default occur, such payments of interest shall be made an the first day of each month
during the continuation of such Event of Default.
The Authority shall advance the proceeds of the Loan as Construction of the Project
progresses upon the submission by the Governmental Agency of a Requisition for Funds in
substantially the same form as Exhibit B hereto. Each disbursement under a Requisition for
Funds representing a portion of the principal amount of the Loan shall bear interest at the Loan
Rate from the date of the disbursement; and shall be subject to the further requirements set forth
in Article IV hereof
Payments of principal and interest on the Loan shall be made at the principal office of the
Authority or the Trustee, as designated by the Authority.
Section 3.3. Governmental .Agency's Ri t to Prepay Loan. The Governmental Agency
shall have the right to prepay and retire the entire amount of the Load at any time without penalty
upon written notice to the Authority no less than five (5) Business Days in advance of said
prepayment.
Notwithstanding the foregoing, upon the determination by the Authority that it intends to
issue revenue bonds secured by a pledge of the payments on the Loam, the Authority shall advise
the Governmental Agency (i) of its intention to proceed with the ai.thorization of such bonds (ii)
of the limitation on prepayments after such bonds are issued and (iii) that the Governmental
Agency has thirty (30) days from its receipt of said notice to exercise its option to prepay the
Loan. Upon the expiration of said thirty day period the Governmental Agency's right to prepay
the Loan shall be limited to the terms described in such notice.
Section 3.4. Subordination of Loan. The Authority hereby agrees that the security
interest and source of payment for the Loan shall be inferior and subordinate to the security
interest and source of payment for the Debt Obligations of the Governmental Agency payable
from the revenues of the System outstanding at the time this Assistance Agreement is executed
as identified in the Project Specifics; provided, however, the Authority shall receive notice of
any additional financings in accordance with Section 5.5(D) hereof
ARTICLE N
CONDITIONS PRECEDENT TO DISBURSEMENT;
REQUISITION FOR FUNDS
Section 4.1. Covenantsof Govenunental Agency and Conditions of Loan. By the
execution of this Assistance Agreement, the Governmental Agency agrees that prior to any
requests for the disbursement of all or a portion of the Loan made hereunder, the Governmental
Agency shall supply the Authority and the Cabinet appropriate documentation, satisfactory to the
Authority indicating the following:
(A) That the Authority and the Cabinet and any appropriate regulatory agency of the
Commonwealth as may be designated by the Authority or the Cabinet, and their respective duly
authorized agents, shall have the right at all reasonable tunes, subject to prior notice to the
Governmental Agency, to examine and inspect the Project.
(B) All real estate and interest in real estate and all personal property constituting the
Project and the sites of the Project heretofore or hereafter acquired shall at all times be and
remain the property of the Governmental Agency and constitute a paid of the System.
(C) In the evens, the Governrxrental Agency is required to provide financing for the
Project from sources other than the ,Authority (as described in the Project Specifics) the
Authority shall have the right to receive such reasonable proofs as it may require of the ability of
the Governmental Agency to finance the costs of the Construction of the Project over and above
the Loan, prior to the disbursement by the Authority of any portion of the Loan.
(D) 71ic Governmental Agency shall do all things necessary to acquire all proposed
and necessary sites, easements and rights of way necessary or required in respect of the Project
and demonstrate its ability to construct the Project in accordartcc with the plans, design and
specifications prepared for the Governmental Agency by the Engineers.
(E) Actual construction and installation incident to the Project shall be performed by
the lump -sum (fixed price) contract method, and adequate legal methods of obtaining public,
competitive bidding will be employed prior to the awarding of the construction contract for the
Project in accordance with Kentucky law.
(F) Unless construction of the Project has already been initiated as of the date of this
Assistance Agreement, pursuant to due compliance with state law &nd applicable regulations, the
Project will not be advertised or placed on the market for construction bidding by the
Governmental Agency until the final plans, designs and specifications therefor have been
approved by such state and federal agencies and authorities as may be legally required, and until
written notification of such approvals has been received by the Governmental Agency and
furnished to the Cabinet.
(G) Duly authorized representatives of the Cabinet and such other agencies of the
Commonwealth and the United States Government as may be charged with responsibility will
have reasonable access to the construction work whenever it is in preparation or progress, and
the Governmental Agency will assure that the contractor or contractors will provide facilities for
such access and inspection.
10
(H) The construction contract or contracts shall require Ilif: contractor to comply with
all provisions of federal and state law legally applicable to such work, and any amendments or
modifications thereto, together with all other applicable provisions of law, to cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors
subject thereto, and to be responsible for the submission of any statements required of
subcontractors thereunder.
(1) A work progress schedule utilizing a method of standard acceptance in the
engineering community shall be prepared prior to the institution of construction in connection
with each construction contract, or, if construction has already been initiated as of the date of this
Assistance Agreement, at the earliest practicable date, to indicate the proposed schedule as to
completion of the Project, and same shall be maintained monthly thereafter to indicate the actual
construction progress of the Project.
(J) Prior to the award of the construction contract and prior to the commencement of
construction, the Governmental Agency will arrange and conduct a conference as to the Project
said conference to include representatives of the Authority, the Governmental Agency, the
Cabinet and any other participating federal or state agency, the Engineers, and all construction
contractors, such conference to be held in accordance with gaidelines established by the
Authority and the Cabinet. A written brief of said conference swnmarizing the construction
schedule, fund requirements schedule, payment authorizations, responsible parties for approval
of all facets of the construction work and payment therefor, and other pertinent matters shall be
prepared and distributed to each agency involved, and all construction contractors and Engineers.
Provided, however, that in the event construction shall have been initiated as of the date of this
Assistance Agreement, this provision -nay be waived.
(K) All construction contracts will be so prepared that federal participation costs, if
any, and state participation costs may be readily segregated from local participation costs, if any,
and from each other, and in such manner that all materials and equipment furnished to the
Governmental Agency may be readily itemized.
(L) Any change or changes in a construction contract will be promptly submitted to
the Cabinet and any state or federal agencies.
(M) T`he Construction, including the letting of contracts in connection therewith, will
conform in all respects to applicable requirements of federal, state and local laws, ordinances,
rules and regulations.
(l) The Governmental Agency will proceed expeditiously with and complete the
Project in accordance with the approved surveys, plans specifications and designs or
amendments thereto, prepared by the Engineers for the Governmental Agency and approved by
state and federal agencies.
(0) If requested, the Governmental Agency will erect at the Project sites, signs
satisfactory to the Authority and the United States Environmental Protection Agency noting the
participation of the Authority and the U.S. Government, respectively, in the financing of the
Project.
(P) Except as otherwise provided in this Assistance Agreement, the Goverrimental
Agency shall have the sole and exclusive charge of all details of the Construction.
11
(Q) The Governmental Agency shall keep complete and accurate records of the costs
of acquiring the Project sites and the costs of Construction. The Governmental Agency shall
permit the Authority and the Cabinet, acting by and through their duly authorized
representatives, and the duly authorized representatives of state and!or federal agencies to inspect
all boobs, documents, papers and records relating to the Project at any and all reasonable times
for the purpose of audit and examination, and the Governmental Agency shall submit to the
Authority and the Cabinet such documents and information its such public bodies may
reasonably require in connection with the administration of any federal or state assistance.
(R) The Governmental Agency shall require that each construction contractor or
contractors furnish a performance and a payment bond in an amount at least equal to one
hundred percent (100%) of the contract price or the portion of the Project covered by the
particular contract as security for the faithful performance of such contract.
(S) The Governmental Agency shall require that each of its contractors and all
subcontractors maintain during the life of the construction contract, worker's compensation
insurance, public liability insurance, property damage insurance and vehicle liability insurance in
amounts and on terns satisfactory to the Authority. Until the Project facilities are completed and
accepted by the Governmental Agency, the contractor shall maintain builders risk insurance (fire
and extended coverage) on a one hundred percent (100%) basis (completed value form) on the
insurable portion of the Project, such insurance to be made payable to the order of the Authority,
the Governmental Agency, the prune contractor, and all subcontractors, as their interests may
appear:
(T) The Governmental Agency shall provide and maintain competent and adequate
resident engineering services covering the supervision and inspection of the development and
construction of the Project, and bearing the responsibility of assuring that Construction conforms
to the approved plans, specifications and designs prepared by Vii Engineers. Such resident
engineer shall certify to the Cabinet, any involved state or federal agencies, and the
Governmental Agency at the completion of construction that construction is in accordance with
the approved plans, specifications and designs, or, approved ameDdments thereto.
(U) The Governmental Agency shall demonstrate to the satisfaction of the Authority
the legal capability of the Governmental Agency to enact, adopt, levy, charge, collect, enforce
and remit to the Authority and the Cabinet the Service Charges of the Governmental Agency
described in the Schedule of Service Charges attached to and made a part of this Assistance
Agreement as Exhibit C and submit proof satisfactory to the Authority that the Service Charges
are in full force and effect.
(V) The Governmental Agency shall require all laborers and mechanics employed by
contractors and subcontractors on the Project shall be paid wages at rates not less than prevailing
on, projects of a character similar in the locality as determined by the Secretary of Labor in
accordance with subchapter IV of Chapter 31 of title 40, United States Code.
(W) The Governmental Agency shalt comply with all federal requirements applicable
to the Loan (including those imposed by P.L. 113-76, Consolidated Appropriations Act, 2014
(the "2014 Appropriations Act") and related Program policy guide.l:iaes) which the Governmental
Agency understands includes, among other requirements, that all of the iron and steel products
used in the Project are to be produced in the United States ("American Iron and Steel
12
Requirement") unless (i) the Governmental Agency has requested and obtained a waiver from
the United States Environmental Protection Agency pertaining to the Project or (ii) the Authority
has otherwise advised the Participant in writing that the American Iron and Steel Requirement is
not applicable to the Project.
(X) The Governmental Agency shall comply with all record keeping and reporting
requirements under the Federal Act, including any reports required by a Federal agency or the
Authority such as performance indicators of program deliverables, information on costs and
project progress. The Governmental Agency understands that (i) each contract and subcontract
related to the Project is subject to audit by appropriate federal and state entities and (ii) failure to
comply with the Federal Act and this Agreement may be a def -au It hereunder that results in a
repayment of the Loan in advance of the maturity of the Bonds and/or other remedial actions.
Section 4.2. Additional Conditions to Disbursement ReAuired Under the Federal
Aegr ement. The Governmental Agency, in order to comply with the terms and conditions of the
Federal Agreement, further covenants and further agrees :o additional conditions to
disbursement, as follows:
(A) Notwithstanding any other agreements contained herein regarding the
maintenance of books and records, that it shall maintain Project accounts in accordance with
generally accepted governmental accounting standards, as required by the Federal Agreement.
The Governmental Agency shall retain such records for no less th ili three (3) years following the
final payment by the Governmental Agency under this Assistance Agreement or if any portion of
the Project is disposed of, until at least three (3) years after such disposition; provided that if any
litigation, claim, appeal or audit is commenced prior to the end of such period such records shall
be maintained until the completion of such action or until three (3) years after such
commencement, whichever is later.
(B) That it has not and will not apply any other federal funding to the Project in a
manner that would cause it to receive "double benefits" as described in Section 603 of the Water
Quality Act of 1987.
(C) That all property required for the completion of the Project shall be obtained, by
easement, purchase or other means acceptable to the Authority, prior to commencement of
construction and that the relocation of any Person resulting therefrom be in accordance with 49
CFR24 for Uniform Relocation Assistance and Real property Acquisition Act of 1970.
(D) That all Project contractors shall be required to retain Project records for the
periods established for the retention of the Governmental Agency's records in Section 4.2(A).
(E) That no more than fifty percent (50%) of the proceeds of the Loan shall be
disbursed until approval by the Cabinet of the final plan for operation for the Project.
(F) That no more than ninety percent (90%) of the proceeds of the Loam shall be
disbursed until approval by the Cabinet of the draft operations and maintenance manual.
(G) That final disbursement will not be allowed until approval by the Cabinet of a
final operations and maintenance manual.
13
(I1) That, as required by 40 CFR 35.2218, all enginecring services regarding
construction and regarding the first year of operation of the Project shall be, provided for,
including the following.
(1) The operation of the Project and the re�rision of the operations and
maintenance manual as necessary to accommodate actual operating experience;
(2) The training of operating personnel, including preparation of curricula and
training material for operating personnel; and
(3) Advice as to whether the Project is meding the Project perforrnance
standards (including three quarterly reports and one project performance report).
(1) That it shall advise the Cabinet and the Authcrity in writing of the date for
initiation of operation of the Project.
(J) That one year after operation is initiated, it shall certify to the Cabinet and the
Authority that the Project is capable of meeting the Project performance standards.
(K) That it shall provide that qualified inspectors are present at the construction site.
A summary of such inspector's qualifications and experience shall be submitted to the Cabinet
and the Authority.
(L) That it shall notify the Authority and the Cabinet of the completion date of the
Project.
(M) That it agrees to the terms and conditions of its application for assistance and the
Authority's commitment to provide assistance, the terms of which are incorporated herein by
reference.
(N) That all measures required to minimize water pollution to affected waters shall be
employed in the Project including compliance with Section 404 of PL 92-500, as amended, it
being understood that approval of the Project does not constitute sa etion or approval of any
changes or deviations from established water quality standards, criteria implementation dates, or
dates established by enforcement proceedings.
Section 4.3. Disbursements of Loan; Requisition for Funds. The Governmental Agency
shall submit to the Authority (or the Trustee acting on behalf of the Authority, if so designated)
and the Cabinet a Requisition for Funds prior to the fifth day of each month (or such other
designated period as is acceptable to the Authority), in substantially the same form as that
attached to this Assistance Agreement as Exhibit B and made a part hereof, accompanied by, to
the extent requested by the Authority, the following documentation:
(A) A full and complete accounting of the costs of the planning and design of the
Project to be obligated by contract or otherwise during the month in question, or already
obligated and not included in any previous accounting;
(B) A full and complete accounting of any costs of 1be planning and design of the
Project paid by the Governmental Agency from its own funds with the approval of the Authority
and not included in any previous accounting for which it seeks reir.:ihim9ement;
14
(C) A full and complete accounting of any costs of the planning and design of the
Project paid or requisitioned under any other financing, loan, boad, grant or similar agreement or
paid from its own funds for which it does not seek reimbursement and which have not been
identified in any previous requisition foam.
(D) The Contractor's estimate of work performed during the preceding month
pursuant to construction contracts for the Project and payment thzreunder due, together with the
Engineer's and Governmental Agency's approval thereof for disbursement by the Authority_
Upon the Authority's receipt of the Requisition for Funds, and such additional
documentation as it may require, and subject to certification by the Cabinet, the Authority may
direct the Trustee to remit the amount requested to the Governmental Agency as a draw upon the
Loan.
15
tll2TICLE V
CERTAIN COVENANTS OF THE GOVERNMENTAL AGENCY;
PAYMENTS TO BE MADE BY GOVERNMENTAL AGENCY TO THE AUTHORITY
Section 5.1. Imposition of Service Charges. The Covernmental Agency hereby
iirevocably covenants and agrees to comply with all of the terms, conditions and requirements of
this Assistance Agreement, pursuant to which the Loan is to be made by the Authority to the
Goven-onental Agency as specified herein and in the Act and the Indenture, The Governmental
Agency hereby further irrevocably covenants and agrees that it alrtady has, or will, to the extent
necessary, immediately impose Service Charges upon all persons, firms and entities to whom or
which services are provided by the System, such Service Charges to be no less than as set forth
in Exhibit C annexed hereto. If so required, such Service Charges shall be in addition to all other
rates, rentals and service charges of a similar nature of the Governmental Agency now or
hereafter authorized by law, and now or hereafter being levied and collected by the
Governmental Agency and shall be levied and collected solely for the purpose of repaying to the
Authority all sums received fiom the Authority as representing the Loan in respect of the Project.
Section 5.2. Governmental Agency's Obligation to RSpgI Lean. The obligation of the
Governmental Agency to repay to the Authority the amount of the Loan from the Service
Charges shall not be revocable, and in the event that services supplied by the Project shall cease,
or be suspended for any reason, the Govenimental Agency shall c-ontiaue to be obligated to repay
the Loan from the Services Charges. In the event the Gover mcntal Agency defaults in the
payment of any Service Charges to the Authority, the amount of such default shall bear interest
at the per annum rate equal to the Default Rate set forth in the Project Specifics, from the date of
the default until the date of the payment thereof_
Section 5.3. Covenant to Adiust Service Chanes. In the event, for any reason, the
Schedule of Service Charges shall prove to be insufficient to provide to the Authority the
minimum sums set forth in the Schedule of Payments, to make the required deposits to the
Maintenance and Replacement Reserve and to provide for the operation of the System, the
Governmental Agency hereby covenants and agrees that it will, upon notice by the Authority, to
the full extent authorized by law, both federal and state, inunediately adjust and increase such
Schedule of Service Charges, or immediately commence proceedings for a rate adjustment and
increase with all applicable regulatory authorities, so as to provide funds sufficient to pay to the
Authority the minimum sums set forth in the Schedule of Payments, to provide for the operation
of the System as required under this Assistance Agreement and to make the required deposits to
the Maintenance and Replacement Reserve.
Section 5.4. Adequacy of Service Charges. The Service Charges herein covenanted to
be imposed by the Governmental Agency shall be fixed at such rate or rates (and it is represented
that the Schedule set forth in Exhibit C hereto so qualifies), as she.1 be at least adequate to snake
the payments at the times and in the amounts set forth in the Schedule of Payments, to make the
required deposits to the Maintenance and Replacement Reserve and to provide for the operation
of the System, subject to necessary governmental and regulatory approvals.
The Service Charges unposed by the Governmental Agency shall be paid by the users of
the System and accordingly the Project not less frequently than the Service Charge Payment
period set forth in the Project Specifics, and shall be reinitted to the Authority by the
16
Governmental Agency with a report showing collections and any delinquencies. A report of all
collections and delinquencies shall be made at least semi-arwually on or before each Payment
Date identified in the Schedule of Payments.
Section 5.5. nt Reserve. The
Govermnental Agency shall establish a special account identified as a "Maintenance and
Replacement Reserve", The Governmental Agency shall deposit into the Maintenance and
Replacement Reserve an amount equal to the amount set forth it the Project Specifics at the
times set forth in the Project Specifics. Amounts in the Maintenarce and Replacement Reserve
may be used for extraordinary maintenance expenses related to the Project or for the unbudgeted
costs of replacing worn or obsolete portions of the Project.
Section 5.6. Covenant to Charge Sufficient Rates; Reports; Inspections. The
Governmental Agency hereby irrevocably covenants and agrees with the Authority:
(A) That, as aforesaid, it will at all times impose, prescrited, charge and collect the
Service Charges set forth in Exhibit C as shall result in net revenues to the Governmental
Agency at least adequate to provide for the payments to the Authority required by this Assistance
Agreement, to provide for the operation of the System and to mako the required deposits to the
Maintenance and Replacement Reserve.
(13) That it will furnish to the Authority and the Cabinet not less than annually reports
of the operations and income and revenues of the System, and will permit authorized agents of
the Authority to inspect all records, accounts and data of the System at all reasonable times.
(C) That it will collect, account for and promptly remit to the Authority those specific
revenues, funds, income and proceeds derived from Service Charges incident to this Assistance
Agreement.
(D) That it will notify the Authority in writing of its intexition to issue bonds or notes
payable from the revenues of the System not less than thirty (30) days prior to the sale of said
obligations. It further covenants that it will not issue any notes, bonds or other obligations
payable from the revenues of the System, if the pledge of the revenues of the System to the
repayment of such obligations is to rank on a parity with, or superior to, the pledge of the
revenues of the System for the repayment of the Loan granted under this Assistance Agreement,
unless the Govermnental Agency has secured the consent of the Authority not less than fifteen
(15) days prior to the issuance of such obligations.
Section 5.7. Segegation of f'urrds. The Governmental Agency shall at all times account
for the income and revenues of the Systm and distinguish same from all other revenues, moneys
and Rurds of the Governmental Agency, if any.
17
ARTICLE VI
OTHER COVENANTS OF THE GOVERNMENTAL AGENCY
Section 6.1. Further Assurance. At any time and all times the Governmental Agency
shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge and deliver,
all and every such further resolutions, acts, deeds, conveyances, assignments, transfers and
assurances as may be necessary or desirable for the better assuring, conveying, granting,
assigning and confirming all and singular the rights, assets and revenues herein pledged or
assigned, or intended so to be, or which the Governmental Agency inay hereafter become bound
to pledge or assign.
Section 6.2. Completion of Proiect. The Governmental agency hereby covenants and
agrees to proceed expeditiously with and promptly complete the ?roject in accordance with the
plans, designs and specifications prepared by the Engineers for the Governmental Agency.
Section 6.3. Establishment of Completion Date. The completion date for the Projcct shall
be evidenced to the Authority by a certificate signed by the Engineer and an authorized
representative of the Governmental Agency stating that, except for amounts retained by the
Authority for costs of the Project not then due and payable, (i) the Construction has been
completed and all labor, services, materials, supplies, machinery and equipment used in such
Construction. have been paid for, (ii) all other facilities necessary iv connection with the Project
have been acquired, constructed, equipped and installed and all costs and expenses incurred in
connection therewith have been paid, (iii) the Project and all pother facilities in connection
therewith have been acquired, constructed, equipped and installed to his satisfaction.
Section 6.4. Commitment to Operate. The Governmental Agency hereby covenants and
agrees to commence operation of the Project immediately on completion of construction and not
to discontinue operations or dispose of such Project without the approval of the Authority.
Section 6.5. Continue to Operate. The Governmental .e�.gency hereby covenants and
agrees to continuously operate and maintain the Project in accordaace with applicable provisions
of federal and state law and to maintain adequate records relating to said operation.; said records
to be made available to the Authority upon its request at all reasonable times.
Section 6.6. Tax Covenant. In the event the Authority iss-ies Bonds which are intended
to be excludable from gross income for federal income tax purposes to provide the funds for the
Loan, the Governmental Agency shall at all times do and perfom, all acts and things permitted
by law and necessary or desirable in order to assure such exclusion and shall take such actions as
may be directed by the Authority in order to accomplish the foregoing. The Governmental
Agency shall not permit (i) the proceeds of the Loan to be used directly or indirectly in any trade
or business, (ii) its payments hereunder to be secured directly or indirectly by property to be used
in a trade or business, (iii) any management agreement for the o -)-.ration of the System or (iv)
any federal guarantee of its obligations hereunder without the prior written consent of the
Authority. The Governmental Agency will not acquire or pledge any obligations which would
cause the Bonds to be "arbitrage bonds" within the meaning of the Code.
Section 6.7. Accounts and Reports. The Governmental Agency shall at all times keep, or
cause to be kept, proper books of record and account in accordance with the "Uniform System of
Accounts" established by the Commonwealth, in which complete and accurate entries shall be
18
made of all its transactions relating to the System and which shall at all reasonable times be
subject to the inspection of the Authority.
Section 6.8. Financial Statements. Within one hundred eighty (180) days after the end of
each fiscal year of the Governmental Agency, the Governmental Agency shall provide to the
Authority, itemized financial statements of income and expense and a balance sheet in
reasonable detail, certified as accurate by a firm of independent certified public accountants or
the Auditor of Public Accounts of the Commonwealth. All financial information must be
satisfactory to the Authority as to form and content and be preparod in accordance with generally
accepted accounting principles on a basis consistent with prior practice unless specifically noted
thereon. With such financial statements, the Governmental Agency shall furnish to the Authority
a certificate stating that, to the best knowledge of the authorized representative signing such
certificate, no default under this Assistance Agreement exists on the date of such certificate, or if
any such default shall then exist, describing such default with specificity. All recipients and
subrecipients expending $500,000 or more in a year in Federal n yards must have a single or
program-specific audit conducted for that year in accordance with OMB Circular A-133.
Section 6.9. General Compliance With All Duties. The Governmental Agency shall
faithfully and punctually perform all duties with reference to the Project and the System required
by the Constitution and laws of the Commonwealth, and by the terms and provisions of this
Assistance Agreement and any other Debt Obligations.
Section 6.10. General. The Governmental Agency shall do and perform or cause to be
done and performed all acts and things required to be done or performed by or on behalf of the
Goverrrrnental Agency under the provisions of the Act, the Federal Act and this Assistance
Agreement in accordance with the terms of such provisions including the Additional Covenants
and Agreements, if any, set forth in Exhibit G hereto.
Section 6.11. Further Covenants under the Federal Aweement. The Govermnental
Agency shall comply with all further requirements or conditions which may arise from time to
time in order to assure compliance with the Federal Act, and with the agreements of the
Authority set forth in the Federal Agreement, including but not limited to the following:
(A) The Governmental Agency shall provide all information requested of it by the
Authority or the Cabinet so that (i) the Grants Information Control System, referred to in the
Federal Agreement, can be maintained, (ii) the accounting and auditing procedures required by
the Federal Act can be maintained and (iii) the Authority can furnish the information required of
its under the Federal Agreement.
(B) Qualified operating personnel, properly certified by the Cabinet, shall be retained
by the Governmental Agency to operate the Project during the entire terra of this Assistance. .
Agreement. An approved plan of operating and an operations and maintenance manual for the
Project shall be provided by the Govezzrrrsental Agency to the Cabinet and the Authority. The
Project shall be operated and maintained in an efficient and effective manner.
(C) All residents in the service area of the Project must be offered the same
opportunity to become users of the Project regardless of race, creed, color, or level of income.
19
(D). The Governmental Agency shall comply with provisions contained in the
following federal regulations, orders, acts and circulars and the following statutes and regulations
of the Commonwealth.
(1) .Federal Cross -Cutters
Environmental Authorities
(a) Archeological and Historic Preservation Act of 1974, Pub. L. 86-523, as
amended
(b) Clean Air Act, Pub. L. 84-159, as amended
(c) 40 CFR 35.3580 (and Appendix A to Subpart L) -- NEPA —.Like State
Environmental Review Process
(d) Environmental Justice, Executive Order 12898
(e) Floodplain Management, Executive Order 11988 as amended by
Executive Order 12148
([) Protection of Wetlands, Executive Order 11990
(g) Farmland Protection Policy Act, Pub. L. 97-98
(h) Fish and Wildlife Coordination Act, Pub. L 85-624, as amended
(i) National Historic Preservation Act of 1966, PL 89-665, as amended
0) Safe Drinking Water Act, Pub. L. 93-523, as amended
(k) Wild and Scenic Rivers Act, Pub. L. 90-542, as amended
Economic and Miscellaneous Authorities
(a) Demonstration Cities and Metropolitan Development Act o€1966, Pub. L.
89-754, as amended, Executive Order 12372
(b) Procurement Prohibitions under Section 306 of the Clean Air Act and
Section 508 of the Clean Water Act, including Executive Order 11738,
Administration of the Clean Air Act and the Federal Water Pollution
Control Act with Respect to Federal Contracts, Grants, or Loans.
(c) Uniform Relocation and Real Property Acquisition Policies Act, Pub. L.
91-646, as amended
(d) Debarment and Suspension, Executive Order 12549
Social Policy Authorities
(a) Age Discrimination Act of 1975, Pub. L. 9435
(b) Title VI of the Civil Rights Act of 1964, Pub, L. 88-352
(c) Section 13 of the Federal Water Pollution Control Act Amendments of
1972, Pub. L. 92-500 (the Clean Water Act)
(d) Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (including
Executive Orders 11914 and 11250)
(e) Equal Employment Opportunity, Executive Order 11246
(fl Women's and Minority Business Enterprise, Executive Orders 1I625,
12138, and 12432
(g) Section 129 of the Small Business Administration Reauthorization and
Amendment Act of 1988, Pub. L. 100-590
20
{2) State:
(a) KRS 151
(b) KRS 224
(c) KRS 224A.1115 Federally Assisted Drinking Water Revolving Fund
(d) KRS Chapter 337, Labor Laws
(e) 401 KAR Chapter S
Section 6.12, Continuing Disclosure Obligation. The Govezmmental Agency covenants
and agrees that notwithstanding any other provision of this Assistance Agreement to the
contrary, upon written notice from the Authority that the Schedule of Payments provides ten
percent (10%) or more of the debt service requirements on an issue of the Authority's Bonds and
that compliance by the Governmental Agency with the requiremm-ts of Securities and Exchange
Conurdssion Rule 15c2-12, as amended (the "SEC Rule") is required in connection with the
Authority's Bonds, the Governmental Agency shall provide to the Authority such information as
may be required by the Rule, within the time periods set out in such notice by the Authority, to
enable the Authority to establish to the satisfaction of prospective purchasers of the Authority's
Bonds that the requirements of the SEC Rule will be satisfied in coimection with the issuance of
the Authority's Bonds. The Governmental Agency further understands and agrees that the
Authority shall act as the Governmental Agency's disclosure ageat for purposes of compliance
with the SEC Rule and that upon a failure by the Governmeiztai Agency to provide the
information required to be provided under the SEC Rule within the time frame specified in such
notice, the Authority and/or the beneficial owners and holders of t1_c Authority's Bonds shall be
specifically granted the 'right of enforcing the provisions of this Section 6.12 by an action in
mandamus, for specific performance, or similar remedy to compel performance.
21
ARTICLE V11
MAINTENANCE, OPERATION, INSURANCE AND CONDEMNATION
Section 7. J. Maintain System. The Governmental Agency agrees that during the entire
term of this Assistance Agreement, it will keep the Project, including all appurtenances thereto,
and the equipment and machinery therein, in good and sound repair and good operating
condition at its own cost so that the completed Project will contirn.e to provide the services for
which the System is designed.
Section 7.2. Additions and Improvements. The Governmeintal Agency shall have the
privilege of making additions, modifications and improvements to the sites of the Project, and to
the Project itself from time to time provided that said additions, modifications and improvements
do not impair the operation or objectives of the Project. The Cost of such additions,
modifications and improvements shall be paid by the Govemmentil Agency, and the same shall
be the property of the Governmental Agency and shall be included under the terms of this
Assistance Agreement as part of the site of the Project, or the Project, as the case may be.
Nothing herein contained shall be construed as precluding the Authority and the Governmental
Agency from entering into one or more supplementary Assistance Agreements providing for an
additional Loan or Loans in respect of additional Projects undertaken by the Governmental
Agency.
Section 7.3. System Not to .Be Disposed Of The Governmental Agency covenants and
agrees that, until satisfaction in full of its obligations hereunder, it will not, without the prior
written consent of the Authority, which consent shall not be unreasonably withheld, sell,
mortgage, or in any manner dispose of, or surrender control or otherwise dispose of any of the
facilities of the System or any part thereof (except that the Governmental Agency may retire
obsolete and worn out facilities, and sell same, if appropriate).
Section 7.4. Compliance with State and Federal Standard3. The Governmental Agency
agrees that it will at all times provide operation and maintenance Of the Project to comply with
the water quality standards, if any, established by any state or federal agency. The Governmental
Agency agrees that qualified operating personnel properly certified by the Commonwealth will
be retained to operate the Project during the entire term of this Assistance Agreement.
Section 7.5. Access to Records. The Governmental Agency agrees that it will permit the
Authority and any state or federal agency and their respective agents to have access to the
records of the Governmental Agency pertaining to the operation and maintenance of the Project
at any reasonable time following completion of construction of the Project, and commencement
of operations thereof:
Section 7.6. Covenant to Insure - Casualty. The Governmental Agency agrees to insure
the Project facilities in such amount as like properties are si_rnilarly insured by political
subdivisions similarly situated, against loss or damage of the kinds usually insured against by
political subdivisions similarly situated, by means of policies issued by reputable insurance
companies duly qualified to do such business in the Commonwealth.
22
Section 7.7. _Autllorl-tjs Famed Insured. Any insurance policy issued pursuant to
Section 7.5 hereof, shall be so written or endorsed as to make losses, if any, payable to the
Governmental Agency, and to the Authority, as their interests may appear.
Section 7.8. Covenant to Insure - Liability. The Governmental Agency agrees that it will
carry public liability insurance with reference to the Project with one or more reputable insurance
companies duly qualified to do business in the Commonwealth, insuring against such risks
(including but not limited to personal inquiry, death and property damage) and in such amounts
as are set forth in the Project Specifics, and naming the Authority as an additional insured.
Section 7.9. Covenant Regarding Worker's Compensation, Throughout the entire tenn
of this Assistance Agreement, the Governmental Agency shall maintain worker's compensation
coverage, or cause the same to be maintained.
Section 7.10. Application of Casualty Insurance Proceeds, if, prior to the completion of
the term of this Assistance Agreement, the Project shall be dainnaged or partially or totally
destroyed by fire, windstorm or other casualty, there shall be no abatement or reduction in the
amount payable by the Governmental Agency pursuant to the terms of this Assistance
Agreement and the Governmental Agency will (1) promptly repair, rebuild or restore the Project
damaged or destroyed; and (2) apply for such purpose so much as may be necessary of any net
proceeds of insurance resulting from claims for such losses, as well as any additional moneys of
the Governmental Agency necessary therefor. All net proceeds of insurance resulting from
claims for such losses shall be paid to the Governmental Agency, and shall be promptly applied
as herein provided.
Section 7.1.1. Eminent Domain. In the event that title to, or the temporary use of, the
Project, or any part thereof, shall be taken under the exercise of theyower of eminent domain by
any governmental body or by any Person acting under governmental authority, there shall be no
abatement or reduction in the minimum amounts payable by the 0ovemmental Agency to the
Authority pursuant to the terms of this Assistance Agreement, and any and all net proceeds
received from any award made in such eminent domain proceedings shall be paid to and held by
the Governmental Agency in a separate condemnation award account and shall be applied by the
Governmental Agency in either or both of the following ways, Gs shall be determined by the
Governmental Agency in its sole discretion:
(A) The restoration of the improvements located on the Project sites to
substantially the same condition as prior to the exercise of said power of eminent domain;
or
(B) The acquisition of additional property, if necessary, and the acquisition of
additional facilities by construction or otherwise, equivalent to the Project facilities,
which property and facilities shall be deemed to be a paxt of the Project sites and a part of
the Project facilities and to be substituted for Project facilities so taken by eminent
domain, without the payment of any amount other than 'herein provided, to the same
extent as if such property and facilities were specifically described herein.
Any balance of the net proceeds of the award in such eminent domain proceedings after
the carrying out of the mandatory proceedings stipulated in (A) and (B) of this Section 7.11, shall
be paid to the Governmental Agency upon delivery to the Authorily of a certificate signed by an
23
authorized officer of the Governmental Agency to the effect that the Governmental Agency has
complied with either subparagraph (A) or (B), or both, of this Section, and written approval of
such certificate by an authorized officer of the Authority. In no event will the Governmental
Agency voluntarily settle or consent to the settlement of any prospective or pending
condemnation proceedings with respect to the Project or any part thereof without the written
consent of the Authority.
Section 7.12. Flood Insurance. All structures located in flood prone areas shall be
covered by flood insurance carried by the Govemmental Agency for an amount equal to the total
Project cost excluding the cost of land and any uninsurable improvements, or for the maximum
limit available under the National Flood Insurance Act of 1968, as amended, whichever is less,
for the entire useful life of the Project.
24
ARTICLE VII
EVENTS OF DEFAULT AND REMEDIES
Section 5.1. Events of Default Defined. The following will be "Events of Default" under
this Assistance Agreement and the term "Event of Default" or "Default" will mean, whenever it
is used in this Assistance Agreement, any one or more of the following events:
(A) Failure by the Governmental Agency to pay any payments specified herein
at the times specified herein.
(B) Failure by the Governmental Agency to observe or perform any covenant,
condition or agreement on its part to be observed or performed, other than as referred to
in subsection (A) of this Section, for a period of thirty (30) days after written notice
specifying such failure and requesting that it be remedied will have been given to the
Governmental Agency by the Authority unless the Authority agrees in writing to an
extension of such time prior to its expiration; provided, However, if the failure stated in
the notice cannot be corrected within the applicable period, the Authority will not
unreasonably withhold its consent to an extension of such time if corrective action is
instituted by the Governmental Agency within the applicable period and diligently
pursued until such failure is corrected.
(C) The dissolution or liquidation of the Governmental Agency, or the
voluntary initiation by the Governmental Agency of any proceeding under any federal or
state law relating to bankruptcy, insolvency, arrangement, reorganization, readjustment of
debt or any other form of debtor relief, or the initiation against the Governmental Agency
of any such proceeding which will remain undismissed for sixty (60) days, or the entry by
the Governmental Agency into an agreement of composition with creditors or the failure
generally by the Governmental Agency to pay its debts as they become due.
(D) A default by the Governmental Agency under the provisions of any
agreements relating to its Debt Obligations.
Section 8.2. Remedies on Default. Whenever any Event of Default referred to in Section
8.1 has occurred and is continuing (other than an event -of default arising under Section 6.13 of
this Assistance Agreement), the Authority may, without any farther demand or notice, take one
or any combination of the following remedial steps:
(A) Declare all payments due hereunder, as set forth in the Schedule of
Payments, to be immediately due and payable.
(B) Exercise all the rights and remedies of the Authority set forth in the Act.
(C) Take whatever action at law or in equity may appear necessary or
desirable to enforce its rights under this Assistance Agreement.
(D) Submit a formal referral to the appropriate federal agency, as required by
the Federal Agreement.
25
The sole remedies for an Event of Default under this Assistance Agreement arising by
virtue of the failure of the Governmental Agency to comply with [ba provisions of Section 6.10
hereof shall be those remedies specifically set forth in Section 6.10 hereof
Section 8.3. Appointment of Receiver. Upon the occurrence of an Event of Default, and
upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of
the Authority under this Assistance Agreement, the Authority shall be entitled, as a matter of
right, to the appointment of a receiver or receivers of the System and all receipts therefrom,
pending such proceedings, with such power as the court making such appointment shall confer;
provided, however, that the Authority may, with or without action under this Section, pursue any
available remedy to enforce the payment obligations hereunder, or to remedy any Event of
Default.
Section 8.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the
Authority is intended to be exclusive, and every such remedy will be cumulative and will be in
addition to every other remedy given hereunder and every remedy now or hereafter existing at
law or in equity. No delay or emission to exercise any right or power accruing upon any default
will impair any such right or power and any such right and power may be exercised from time to
time and as often as maybe deemed expedient.
Section 8.5. Consent to Powers of Authority Under Act. The Governmental Agency
hereby acknowledges to the Authority its understanding of the provisions of the Act, vesting in
the Authority certain powers, rights and privileges in respect of the Project upon the occurrence
of an Event of Default, and the Governmental Agency hereby covenants and agrees that if the
Authority should in the future have recourse to said rights and powers, the Governmental
Agency shall take no action of any nature whatsoever calculated to inhibit, nullify, void, delay or
render nugatory such actions of the Authority in the due and prompt implementation of this
Assistance Agreement,
Section 8.6. Waivers. In the event that any agreement contained herein should be
breached by either party and thereafter waived by the other party, such waiver will be limited to
the particular breach so waived and will not be deemed to waive airy other breach hereunder.
Section 8.7. Agreement to Pav Attorneys' Fees and Expenses. In the event that either
party hereto will default under any of the provisions hereof and the non -defaulting party employs
attorneys or incurs other expenses for the enforcement of performance or observance of any
obligation or agreement on the part of the defaulting party herein contained, the defaulting party
agrees that it will pay on demand therefor to the non -defaulting party the fees of such attorneys
and such other expenses so incurred by the non -defaulting party.
26
ARTICLE IX
MISCELLANEOUS PROVISIONS
Section 9.1. Approval not to be Unreasonably Withheld. Any approval of the Authority
required by this Assistance Agreement shall not be unreasonably withheld and shall be deemed
to have been given on the thirtieth (30th) day following the submission of any matter requiring
approval to the Authority, unless disapproved in writing prior to such thirtieth (30th) day. Any
provision of this Assistance Agreement requiring the approval of the Authority or the satisfaction
or the evidence of satisfaction of the Authority shall be interpreted as requiring action by an
authorized officer of the Authority granting, authorizing or expressing such approval or
satisfaction, as the case may be, unless such provision expressly provides otherwise.
Section 9.2. Approval. This Agreement is made subject to, and conditioned upon, the
approval of this Assistance Agreement by the Secretary of the Finance and Administration
Cabinet.
Section 9.3. Effective Date. This Assistance Agreement shall become effective as of the
date first set forth hereinabove and shall continue in full force and effect until the date the
obligations of the Governmental Agency pursuant to the provisions of this Assistance Agreement
have been fully satisfied.
Section 9.4. Bindin Effect . This Assistance Agreement shall be binding upon, and shall
inure to the benefit of the parties hereto, and to any person, officor, board, department, agency,
municipal corporation, or body politic and corporate succeeding by operation of law to the
powers and duties of either of the parties hereto. This Assistance Agreement shall not be
revocable by either of the parties, without the written consent of the other party.
Section 9.5. Severability. In the event that any provision of this Assistance Agreement
will be held invalid or unenforceable by any court of competent jurisdiction, such holding will
not invalidate or render unenforceable any other provision hereof.
Section 9.6. Assi agn biIity. The rights of the Authority under tins Assistance Agreement
shall be assignable by the Authority without the consent of the Govenunental Agency, but none
of the rights, duties or obligations of the Governmental Agency under this Assistance
Agreement shall be assignable by the Governmental Agency without the prior written consent of
the Authority.
Section 9.7. Execution in Counterparts. This Ass€stance Agreement may be
simultaneously executed in several counterparts, each of which will be an original and all of
which will constitute but one and the same instrument.
Section 9.8. Applicable Law. This Assistance Agreement will be governed by and
construed in accordance with the laws of the Commonwealth.
Section 9.9. Captions. The captions or headings herein ar, for convenience only and in
no way define, limit or describe the scope or intent of any provisions or sections of this
Assistance Agreement.
27
Ni WITNESS WHEREON, the parties hereto have caused this Assistance
Agreement to be executed by their respective duly authorized officers as of the day and year
above written,
ATTEST: KENTUCKY INFRASTRUCTURE
AUTHORITY
m
Title: Tule:
ATTEST: GOVERNMENTAL AGENCY:
CITY OF PADUCAH, KENTUCKY
By:__ _
Title: Clerk Title: Mayor
APPROVED: EXAMINED:
SECRETARY/FINANCE AND L.EGAL COUNSEL TO THE
ADMINISTRATION CABINET OF THE KENTUCKY INFRASTRUCTURE
COMMONWEALTH OF KENTUCKY AUTHORITY
APPROVED AS TO FORM AND LEGALITY
APPROVED
FINANCE AND ADMINISTRATION CABINET
EXHIBIT A
CITY OF PADUCAH
PROJECT SPECIFICS
F15-064
GOVERNMENTAL AGENCY:
Name: City of Paducah
1800 North 8th Street
Paducah, KY 42001
Contact
Person: Bill Robertson
General Manager
SYSTEM: Water
PROJECT:
This project will install 9,000 linear feet of 24 inch ductile iron pipe wafer, main lines from the 8th Street
Treatment Plant to Campbell Street and Kentucky Avenue. The new transmission !Ines will provide
redundancy to the existing 30 Inch main that feeds the majority of the Paducah Water distribution system.
The line will provide an alternate source of flow should the main line become inaccessible.The Utility will
increase transmission capacity by connecting the new fines from the plant Lo several existing large mains
along the Kentucky Avenue corridor to enhance all five pressure zones.
PROJECT BUDGET:
Total
Legal Expenses 10,00D
Land, Easements 15,000
Engineering Fees - Design / Const 278,000
Engineering Fees - inspection 145,007
Engineering Fees _ Other 11,30:1
Construction 3,685,003
Contingency 363,703
Total; $ 4,508,OOD
FUNDING SOURCES:
Amount %
Fund F Loan $ 4,493,000 99.7%
Local Funds 15,000 0,3%
Total $ 4,508,00) 100%
KiA DEBT SERVICE:
Construction Loan
$
4,493,000
Less: Principal Forgiveness (0%)
0
Amortized Loan Amount
$
4,493,000
Interest Rate
1.75%
Loan Term (Years)
20
Estimated Annual Debt Service
$
267,224
Administrative Fee (0.25%)
11,233
Total Estimated Annual Debt Service
$
278,456
AMORTIZATION COMMENCEMENT DATE: ,lune 1 and December 1
Interest payments will commence within six months from first draw of funds (estimated 06101117).
Full principal and interest payments will commence within one year of initiation of operation (estimated
06101118).
REPLACEMENT RESERVE ACCOUNT:
$ 11,200 ANNUAL AMOUNT
$ 912,000 TOTAL AMOUNT
The annual replacement cost is $11,200. This amount should be added to the replacement account each
December 1 until the balance reaches $112,000 and maintained for the life of the loan.
ADMINISTRATIVE FEE:
DEFAULT RATE:
DEBT OBLIGATIONS CURRENTLY OUTSTANDING:
KIA (F09-01)
Total
LIABILITY INSURANCE COVERAGE:
Death or Personal Injury (per person)
Death or Personal Injury (per occurrence)
Property Damage on System
0.25%
8.00%
Outstanding Maturity
$ 6,289,366 2031
a b,Ltiy,�J[7a
EXHMIT B
RFQUEST FOR PAYMENT AND PROJECT STNEUS REPORT
Borrower:
VY'X/SX Number:
Draw Number
KIA Loan}
Date:
The above identified Governmental Agency has entered into m Assistance Agreement with the
Kentucky Infrastructure Authority (the "Authority") for the acquisition and .construction of facilities described in
the Assistance Agreement as the "Project."
Pursuant to the Assistance Agreement, we hereby certify that we i3xvc incurred the following expenses
in connection with the Project and that the Authority's funding share of these expenses is in the amount so
denoted in this request.
Documentation supporting the expenses incurred and identified per tl-is request are attached.
Funds Requested:
Line
Item
Cost
1
Administrative
2
Legal
3
Land, Appraisals, Easements
4
Relocation Expense
5
Planning
6
Engineering Fees — Design
7
Engineering Fees - Construction
S
Engineering Fees — inspection
9
Construction
10
Equipment
I1
Contingency
12
Other
TOTAL
Project Builget and. Expenses
Expenses This Expeuses to
Request hate Project Budget Balance
If expenses to date exceed project budget a revised budget must be submitted to and approved by the Authority
before funds will be released.
1
2
3
4
5
6
7
S
9
10
11
12
Protect funding
Expenses This Expenses to
Funding Agency Request Date Project Budget Balance
TOTAL
IIs
We certify that the expenses in this draw request were incurred pursuant to local procurement polices which
conform to TORS 45A.
Borrower Signature:
Project Administrator:
Draw #
STATUS REPORT
PROJECT IS: On schedule
Ahead of schedule
Behind schedule
If ahead or behind, please explain
Line Item
PROJECT EXPENSES TMS DRAW REQUEST
(Tnctade Invoices for Expenses Listed Below)
Imi
Amount
CERTIFICATE OF CONSULTING ENGINEERS AS TO
PAYMENT REQUEST
The undersigned, a duly qualified and licensed Engineer hereby certifies that he or she
represents the Governmental Agency submitting this request in connection with the "Eligible Project"
and that all expenses represented in this request were duly incurred for the Construction of the
"Project," that the Authority's funding share of these expenses is.accurately represented and that such
expenses have not been the subject of any request for disbursement previously submitted.
Engineer/Architect
Firm Name
B-3
EXHIBIT C
SCHEDULE OF SERVICE CHARGES
See Attached
C -I
EYHI IT D
RESOLUTION
RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY APPROVING
AND AUTHORIZING AN ASSISTANCE AGREEMENT DATED AS OF
AUGUST 1, 2016 BETWEEN THE CITY OF PADUCAH, KENTUCKY AND
THE KENTUCKY INFRASTRUCTURE AUTHORITY.
WHEREAS, the City Commission ("Governing Authority") of the City of Paducah,
Kentucky ("Governmental Agency") has previously determined that it is in the public interest to
acquire and construct certain facilities and improvements to the Coverrunental Agency's Water
System (the "Project") and
WHEREAS, the Governmental Agency has made application to the Kentucky
Infrastructure Authority (the "Authority") for the purpose of providing monies to acquire and
construct the Project; and
WHEREAS, in order to obtain such monies, the Governmental Agency is required to
enter into an assistance agreement dated as of August I, 2016 (the "'Assistance Agreement") with
the Authority.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Paducah, Kentucky, as follows:
SECTION 1. 'That the Governing Authority hereby approves and authorizes the
.Assistance Agreement between the Governmental Agency and the Authority substantially in the
form on file with the Governmental Agency for the purpose of providing the necessary financing
to the Governmental Agency for the acquisition and construction of the Project.
SECTION 2. That the Mayor and Clerk of the Governmental .Agency be and hereby are
authorized, directed and empowered to execute necessary documents or agreements, and to
otherwise act on behalf of the Governmental Agency to effect such financing.
SECTION 3. That this resolution shall take effect at the earliest time provided by law.
ADOPTED on , 2016•
Attest:
Title: Clerk
D -I
Mayor
EXHIBIT E
OPINION OF COUNSEL
[Letterhead of Counsel to Governmental Agency]
[Date)
Kentucky Infrastructure Authority
1024 Capital Center Drive
Suite 340
Frankfort, Kentucky 40601
RE: Assistance Agreement by and between Kentucky Infrastructure Authority and
City of Paducah, Kentucky, dated as of August 1, 2016
Ladies and Gentlemen:
The undersigned is an attorney at law duly admitted to the practice of law in the
Commonwealth of Kentucky and is legal counsel to the City of Paducah, Kentucky, hereinafter
referred to as the "Governmental Agency". I am familiar with the organization and existence of
the Governmental Agency and the laws of the Commonwealth applicable thereto. Additionally I
am familiar with the drinking water supply project (the "Project") with respect to which the
Assistance Agreement by and between the Kentucky Infrastructure Authority ("Authority") and
the Governmental Agency is being authorized, executed and delivered.
I have reviewed the form of Assistance Agreement by and between the Authority and the
Governmental Agency, the resolution or ordinance of the governing authority authorizing the
execution and delivery of said Assistance Agreement.
Based upon my review I am of the opinion that:
1) The Governmental Agency is a duly organized and existing political subdivision
or body politic of the Commonwealth of Kentucky validly existing under the Constitution and
statutes of the Commonwealth of Kentucky.
2) The Assistance Agreement has been duly executed and delivered by the
Govemmental Agency and is a valid and binding obligation of the Governmental Agency
enforceable in accordance with its terms, except to the extent that: the enforceability thereof may
be limited by equitable principles and by bankruptcy, reorganization, moratorium, insolvency or
similar laws heretofore or hereafter enacted relating to or. affecting the enforcement of creditors'
rights or remedies generally.
E-1
3) The Governmental Agency has all necessary power and authority (i) to enter into,
perform and consummate all transactions contemplated by the Assistance Agreement, and (ii) to
execute and deliver the documents and instruments to be executed and delivered by it in
connection with the construction of the Project.
4) The Service Charges, as defined in the Assistance Agreement, are in full force
and effect and have been duly and lawfully adopted by the Governmental Agency.
5) The execution and delivery of the Assistance Agreement and the performance by
the Governmental Agency of its obligations thereunder does not and will not conflict with,
violate or constitute a default under any court or administrative order, decree or ruling, or any
law, statute, ordinance or regulation, or any agreement, indenture, mortgage, lease, note or other
obligation or instrument, binding upon the Governmental Agency, or any of its properties or
assets. The Governmental Agency has obtained each and every authorization, consent, permit,
approval or license of, or filing or registration with, any court or governmental department,
commission, board, bureau, agency or instrumentality, or any specifically granted exemption
from any of the foregoing, that is necessary to the valid executio,, delivery or performance by
the Governmental Agency of the Assistance Agreement and the imposition of the Service
Charges.
6) To the best of my knowledge after due inquiry there is no action, suit, proceedings
or investigation at law or in equity before any court, public board or body pending or threatened
against, affecting or questioning (i) the valid existence of the Governmental Agency, (ii) the right
or title of the members and officers of the Governmental Agency to their respective positions,
(iii) the authorization, execution, delivery or enforceability of the Assistance Agreement or the
application of any monies or security therefor, (iv) the construction of the Project, (v) the validity
or enforceability of the Service Charges or (vi) that would have a material adverse impact on the
ability of the Governmental Agency to perform its obligations under the Assistance Agreement.
7) None of the proceedings or authority heretofore had or taken by the Governmental
Agency for the authorization, execution or delivery of the Assistance Agreement has or have
been repealed, rescinded, or revoked.
8) To the best of my knowledge, the Governmental Agency has fully complied with
all federal and state labor and procurement laws in connection with the construction of the
Project.
9) All proceedings and actions of the Governmental Agency with respect to which
the Assistance Agreement is to be delivered were had or taken at meetings properly convened
and held in substantial compliance with the applicable provisions of Sections 61.805 to 61.850 of
the Kentucky Revised Statutes.
Very truly yo'ars,
E-2
EXHIBIT F
TO ASSISTANCE AGREEMENT BETWEEN
CITY OF PADUCAH, KENTUCKY
("GOVERNMENTAL AGENCY") AND
THE KENTUCKY INFRASTRUCTURE AUTHORITY
Total Loan to be Repaid by
Governmental Agency to
Kentucky Infrastructure Authority S
Principal and Interest Payable
on Each June I and December I
It is understood and agreed by the parties to this Assistance Agreement that this Exhibit F
is an integral part of the Assistance Agreement between the Governmental Agency and the
Kentucky Infrastructure Authority.
IN WITNESS WHEREOF, the parties have caused this Exhibit F to Assistance
Agreement to be executed by their respective duly authorized officers as of the date of said
Assistance Agreement.
ATTEST:
KENTUCKY INFRASTRUCTURE AUTHORITY
Lo
CITY OF PADUCAH, KENTUCKY, Governmental
Agency
F-1
10598150v1
EXR D31T G
ADDITIONAL COVENANTS AND AGREEMENTS
NONE
G-1
Re: Assistance Agreement between the Kentucky Infrastructure Authority ("KIA")
and City of Paducah, Kentucky (the "Governmental Agency"), dated as of August
1, 2016
GENERAL CLOSING CERTIFICATE OF GOVERNMENTAL AGENCY
In connection with the above -captioned Assistance Agreement (the "Assistance
Agreement"), the Governmental Agency, through its undersigned duly authorized officer hereby
certifies, represents, warrants and covenants as follows:
1. No event of default exists, or with the passage of time will exist, under the
Assistance Agreement and the representations and warranties set forth in the Assistance
Agreement are true and correct as of the date hereof.
2. The Governmental Agency has examined and is familiar with proceedings of the
governing body of the Governmental Agency approving the Assistance Agreement and
authorizing its negotiation, execution and delivery and such proceedings were duly enacted or
adopted at a meeting of the governing body of the Governmental Agency at which a quorum was
present and acting throughout; such proceedings are in full force and effect and have not been
superseded, altered, amended or repealed as of the date hereof, and such meeting was duly called
and held in accordance with law.
3. The Governmental Agency is a duly organized and validly existing political
subdivision of the Commonwealth of Kentucky with full power to own its properties, conduct its
affairs, enter into the Assistance Agreement and consummate the transactions contemplated
thereby.
4. The negotiation, execution and delivery of the Assistance Agreement by the
Governmental Agency and the consummation of the transactions contemplated thereby by the
Governmental Agency have been duly authorized by all requisite action of the governing body of
the Governmental Agency.
S. The Assistance Agreement has been duly executed and delivered by the
Goverrimental Agency and is a valid and binding obligation of the Governmental Agency
enforceable in accordance with its terms, except to the extent that the enforceability thereof may
be limited by equitable principles and by bankruptcy, reorganization, moratorium, insolvency or
similar laws heretofore or hereafter enacted relating to or affecting the enforcement of creditors'
rights or remedies generally.
6. There is no controversy or litigation of any nature pending, or to the knowledge of
the Governmental Agency after diligent inquiry, threatened, in any court or before any board,
tribunal or administrative body, to challenge in any rrzanner the authority of the Governmental
Agency or its governing body to make payments under the Assistance Agreement or to construct
the Project, or to challenge in any manner the authority of the Governmental Agency or its
governing body to take any of the actions which have been taken in the authorization or delivery
of the Assistance Agreement or the construction of the Project, or in any way contesting or
affecting the validity of the Assistance Agreement, or in any way questioning any proceedings
taken with respect to the authorization or delivery by the Governmental Agency of the
Assistance Agreement, or the application of the proceeds thereof or the pledge or application of
any monies or security provided therefor, or in any way questioning the due existence or powers
of the Governmental Agency, or otherwise wherein an unfavorable decision would have an
adverse impact on the transactions authorized in connection with the Assistance Agreement.
7. The authorization and delivery of the Assistance Agreement and the
consummation of the transactions contemplated thereby will not constitute an event of default or
violation or breach, nor an event which, with the giving of notice or the passage of time or both,
would constitute an event of default or violation or breach, under any contract, agreement,
instrument, indenture, lease, judicial or administrative order, decree, rule or regulation or other
document or law affecting the Governmental Agency or its governing body.
8. All actions taken by the Governmental Agency in connection with the Assistance
Agreement and the loan described therein and the Project, as defined in the Assistance
Agreement, have been in full compliance with the provisions of the Kentucky Open Meetings
Law, KRS 61.805 to 61.850.
9. The Governmental Agency has all licenses, permits and other governmental
approvals required to own, occupy, operate and maintain the Project and to enter into the
Assistance Agreement, is not in violation of and has not received any notice of an alleged
violation of any zoning or land use laws applicable to the Governmental Agency Project, and has
full right, power and authority to perform the acts and things as provided for in the Assistance
Agreement.
10. The individuals named below are the duly elected or appointed qualified and
acting incumbents in the office of the Governmental Agency indicated after their respective
names and the signatures subscribed above their names are their genuine signatures.
WITNESS our signatures, this ____ day of 2016.
GOVERNMENTAL AGENCY:
CITY OF PADUCAN, KENTUCKY
Bv:
Name: Gayle Kaler
Title: Mayor
Attest:
By: ---
Name:_
Title: Clerk
toss82oovt
Agenda Action Form
Paducah City Commission
Meeting Date: Sept. 6, 2016
Short Title: Declaration & Sale of Surplus Property at 1319 Park Ave.
❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Steve Ervin/Nancy Upchurch
Presentation By: Steve Ervin
Background Information:
An ad requesting sealed proposals for surplus property ran in the Paducah Sun on Sunday,
August 7, 2016. The deadline to submit proposals was Tuesday August 23, 2016 at 9
AM. Only one bid was received. Brent Lindsey submitted a proposal to purchase the lot
at 1319 Park Avenue.
This action would declare 1319 Park Avenue surplus property owned by the City of
Paducah and authorize the transfer of the lot to Brent Lindsey. He submitted an offer to
purchase the property for $50. Additionally, he will trim or remove trees from the back of
the lot, and maintain the property in the future.
Goal: ❑Strong Economy ® Quality Services® Vital Neighborhoods[] Restored
Downtowns
Funds Available: Account Name: N/A
Account Number: N/A
F-
Finance
:]
Attachments: Additional supporting documentation to meet requirements
Sec. 2-668 of the Paducah Code of Ordinances.
Department Head
City Clerk
City Manager
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER ACCEPTING THE BID OF BRENT LINDSEY
IN THE AMOUNT OF $50 FOR PURCHASE OF THE REEL PROPERTY LOCATED
AT 1319 PARK AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE A
DEED AND ALL OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE
WHEREAS, pursuant to 2-668 of the Code of Ordinances of the City of
Paducah, Kentucky, a written determination has been made by the City Manager that the
City does not have any use at this time or in the future for property located at 1319 Park
Avenue, which constitutes surplus real estate; and
WHEREAS, the City advertised for bids on August 7, 2016 and opened on
August 23, 2016; and
WHEREAS, the City desires to accept the bid of Brent Lindsey. Mr.
Lindsey owns the lot at 1321 Park Avenue and plans to combine the two lots to increase
his yard.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah accepts the bid of Brent Lindsey
in the amount of $50 for the purchase of real property located at 1319 Park Avenue,
SECTION 2. The Mayor is hereby authorized to execute a deed and any
necessary documents relating to same to complete the sale of the real property approved
in Section I above.
SECTION 3. 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 by the Board of Commissioners, September 6, 2016
Recorded by Tammara S. Sanderson, City Clerk, September 6, 2016
lmolprop sale—] 319 Park Ave
Sec. 2-668. Disposition of surplus or excess property.
(a) Any property which is to be sold by the City as surplus or excess property will require
a written determination which will include the following.
1. Description of property: 1319 Park Avenue
2. Its intended use at the time of acquisition:
This lot was acquired by the City of Paducah by Deed recorded in Deed Book 1159 Page
680 on January 16, 2009. The City did not have a specific use for the property at the time
of the acquisition.
3. The reason why it is in the best interest of the City to dispose of the item:
Upon transfer, Brent Lindsay commits to trimming the trees on the lot and future
maintenance of the lot, thus saving the City the maintenance cost,
The method of disposition to be used: Sealed Bid
An ad requesting sealed proposals for surplus property ran in the Paducah Sun on
Sunday, August 7, 2016. The deadline to submit proposals was Tuesday August 23, 2016
at 9 AM. Only one bid was received. Brent Lindsay submitted the only bid received.
He offers $50 for the lot and in addition will pay all costs associated with the transfer of
the property.
Staff reconunendation;
Staff recoarmends that the City declare this property surplus and approve the transfer of
this property to Brent Lindsay, 1321 Park Avenue, Paducah, KY.
Steve Ervin, Jeff Pederson,
Director Planning Department City Manager
Agenda Action Form
Paducah City Commission
Meeting Date: Sept. 6, 2016
Short Title: Declaration & Sale of Surplus Property at 2519 Ohio St.
(formerly known as 2509 Ohio Street
❑Ordinance ❑Emergency ®Municipal Order [] Resolution ❑ Motion
Staff Work By: Steve Ervin/Nancy Upchurch
Presentation By: Steve Ervin
Background Information:
An ad requesting sealed proposals for surplus property ran in tlue Paducah Sun on Sunday,
August 7, 2016. The deadline to submit proposals was Tuesday August 23, 2016 at 9
AM. Only one bid was received. Karolyn Brown submitted a proposal to purchase the
lot at 2519 Ohio Street.
This action would declare 2519 Ohio Street surplus property owned by the City of
Paducah and authorize the transfer of the lot to Karolyn Brown_ Sbe submitted an offer to
purchase the property for $500. Additionally, she will maintain the property, pay taxes.
Goal: ❑Strong Economy ® Quality Services® Vital Neighboitioods❑ Restored
Downtowns
Funds Available: Account Name: N/A
Account Number: NIA
Finance
Attachments: Additional supporting documentation to meet requirements
Sec. 2-668 of the Paducah Code of Ordinances.
Department Head
LCity Clerk City Manager
See. 2-668. Disposition of surplus or excess property.
(a) Any properly which is to be sold by the City as surplus or excess property will require
a written determination which will include the following.
1. Description of property: 2519 Ohio Street (formerly known as 2509 Ohio Street
2. Its intended use at the time of acquisition:
This loft was acquired by the City of Paducah by Commissioner's Deed recorded in Deed
Book 1301 Page 199 on May 19, 2015. The City did not have a specific use for the
property at the time of the acquisition.
3. The reason why it is in the best interest of the City to dispose of the item:
Upon transfer, Karolyn Brown commits to maintaining the lot and pay taxes, thus saving
the City the maintenance cost.
4. The method of disposition to be used: Sealed Rid
An ad requesting sealed
Sunday, August 7, 2016.
at 9 AM. Only one bid
She offers $500 for the 1
of the property.
Staff recommendation;
proposals for surplus property ran in the Paducah Sun on
The deadline to submit proposals was Tuesday August 23, 2016
was received. Karolyn Brown submitted the only bid received.
of and in addition will pay all costs associated with the transfer
Staff recommends that the City declare this property surplus and approve the transfer of
this property to Karolyn Brown, 2513 Ohio Street, Paducah, KY.
S�--
Steve Ervin, Teff Pederson,
Director Planning Department City Manager
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER ACCEPTING THE PID OF KAROLYN
BROWN IN THE AMOUNT OF $500 FOR PURCHASE OF THE REAL PROPERTY
LOCATED AT 2519 OHIO STREET AND AUTHORIZING THE MAYOR TO
EXECUTE A DEED AND ALL OTHER DOCUMENTS NECESSARY TO
COMPLETE THE SALE
WHEREAS, pursuant to 2-668 of the Code of Ordinances of the City of
Paducah, Kentucky, a written determination has been made by the City Manager that the
City does not have any use at this time or in the future for property located at 2519 Ohio
Street (formerly known as 2509 Ohio Street), which constitutes surplus real estate; and
WHEREAS, the City advertised for bids on August 7, 2016 and opened on
August 23, 2016; and
WHEREAS, the City desires to accept the bid of Karolyn Brown. Ms.
Brown owns the adjacent property at 2513 Ohio Street and plans to maintain the property
and pay the taxes.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah accepts the bid of Karolyn Brown
in the amount of $500 for the purchase of real property locatel at 2519 Ohio Street,
SECTION 2. The Mayor is hereby authorized to execute a deed and any
necessary documents relating to same to complete the sale of the real property approved
in Section 1 above.
SECTION 3. 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 by the ,Board of Commissioners, September 6, 2016
Recorded by Tammara S. Sanderson, City Cleric, September 6, 2016
lmolprop sale --2519 Ohio Street
Agenda Action Form
Paducah City Commission
Meeting Date: August 23, 2016
Short Title: Broadway/Jefferson Two Way Conversion WBike Lanes -- Professional Services
Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑
Staff Work By: Stephen Ervin
Presentation By: Stephen Ervin
Background Information:
Key Components:
The City proposes to procure engineering services by HDR Engineering, Inc., of Paducah.
Services includes the study of Broadway & Jefferson Streets being converted to two way, adding
bike lanes on Broadway & Jefferson to connect to Phase 5 of the Greenway Trail and Noble
Park, prepare a signing and marking plan for bidding, perform signal warrant studies for all
intersections within the study area to see if the intersections can be converted to 4 -way stop
intersections and perform a signal warrant study at 3`d and Jefferson to see if a signal is
necessary.
Additionally, HDR will assist the City in the preparation of the Transportation Alternative Grant
(TAP) grant due September 30`h This grant will fund improvements outlined by HDR as part of
this Engineering contract.
Please see attached scope of services for more detail.
Total compensation for Engineer's services is $63,000.
Staff Recommendation:
Staff recommends approval of Engineering Contract
Funds Available: Account Name: bt1t7—'fS�//—
Account Number: MR0056 F anc
Motion
Attachments
Agenda Action Form
Paducah City Commission
Meeting Date: AUGUST 23, 2016
Short Title: Amend ABC Ordinance
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Tammy Sanderson & Glenn Denton
Presentation By: Jeff Pederson, City Manager
Background Information:
The Kentucky General Assembly passed Senate Bill I I (SB 11) into law during the 2016
legislative session. SB 11 includes numerous amendments to Kentucky`s alcoholic beverage
statutes (KRS 241-244), many of which either authorize or necessitate amendment of local
ordinances. A separate ordinance introduced at the August 9, 2016, meeting of the Paducah
City Commission proposes to implement a portion of the changes SB 11 allows by amending
Sections 6-33 and 6-44.
This ordinance proposes several additional amendments to the City's alcoholic beverage
ordinances to implement the following changes:
Sunday Sales. The City currently allows alcohol to be sold by the drink on Sundays
from 1:00 p.m. until 10:00 p.m. for hotels, motels, and restaurants with an NQ2
license. This ordinance will change the time Sundays sales by the drink are allowed
to 11:00a.m. thin• gh 10:00 p.nl. It also will make Sunday salts by the drink
1,59.'ble 1-`)r Quota R;t',,P lr),J'1,��:C er t.ta•ic.,-crc
and distilleries that hold an vQ3 license. -
• Sunday Souvenir Package Sales by Distilleries. All licensed distilleries in wet
territories are now permitted to sell souvenir packages cf distilled spirits produced by
that distillery. Also, cities and counties now have authority to permit such souvenir
package sales by distilleries on Sunday. This ordinance will allow distilleries to sell
souvenir packages on Sunday from 11:00 a.m. until 10:00 p.m.
® Class A and B Rectifier's license. SB i 1 divides the Rectifier's license into two
classes based on volume. This ordinance will implement the new classes.
• Special Temporary Alcoholic Beverage Auction License. SB 11 changes the Special
Temporary License to allow malt beverages to be auctioned or raffled at charity
events. This ordinance will implement the changes to this license.
e Alcoholic beverage server training. State law requires alcoholic beverage servers to
complete "STAR" training within thirty days of beginning employment. This
ordinance will conform the City's requirements to state law.
SAM CLYMER
COUNTY ATTORNEY
TODD S. JONES
ASs)STANT
MERIDITH CLYMER
ASSISTANT
JAMES C. MILLS
ASSISTANT
August 30, 2016
t,6 n[ 6ri4
Ept
COMMONWEALTH OF KENTUCKY
OFFICE OF COUNTY ATTORNEY
SAM CLYMER
MCCRACKEN COUNTY COURTHOUSE
301 SOUTH SIXTH STREET
PADUCAH, KENTUCKY 42003
PHONE (270) 444-4709
FAX (270) 444-4728
MR. JEFF PEDERSON
OFFICE OF PADUCAH CITY MANAGER
300 SOUTH STH STREET
PADUCAH, KENTUCKY 42003
Re: City of Paducah 911 Services Agreement
For Hendron and Lone Oak Districts,
Dear Jeff:
CRAIG F. NEWBERN, JR.
DOMESTIC VIOLENCE
PROSECUTOR
TIFFANY MILLS
DIRECTOR
VICT m AssISTANCE
Thank you again for your patience in dealing with this matter. As communicated
previously via email, I have spoken with the Districts and obtained their permission
to draft the contracts in keeping with the terms you and I compromised upon,
Please find fully executed contracts on behalf of both DistrictLs enclosed herewith for
the review of both yourself and your legal counsel.
Thank you again for your patience and for your consideration. It has been a pleasure
working with you on this project. Here's to future positive cooperation and issue
resolution between the City and the County.
Best regards,
SAM CLYMER
McCracken Cou ty,4ttorney
General Goyermnet
AUC3 "I 1709
I{eceiver, lif
Faxed by.
CITY OF PADUCAH 911
COMMUNICATIONS SERVICE AGREEMENT
This Communications Service Agreement (hereinafter "Agreement") is made and entered into
by and between the City of Paducah, Kentucky, a municipal corporation, (hereinafter "Paducah") and
Lone Oak Fire Protection District (hereinafter "Lone Oak" or "Parties" where Paducah and Lone Oak
are referred to collectively) pursuant to KRS 79.110 et. seq.
RECITALS
WHEREAS, Paducah's 911 Communications Department (hereinafter "Department") is in the
process of becoming a certified Public Safety Answering Point (herein;after "PSAP) and is set to begin
operations on July 1, 2016, at which time it will provide 911 communications services to its citizens
and visitors;
WHEREAS, in doing so, Paducah will provide 911 commurnications services to citizens and
visitors of other govertunental agencies for a fee;
WHEREAS, Ione Oak wishes Paducah to provide 911 communications services for a fee and
pursuant to the provisions as stated herein.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
L SCOPE OF COMMUNICATIONS SERVICES. Paducah has been certified as a PSAP in
Paducah, McCracken County. Operations of the Paducah 911 Communications Department will
begin and/or has begun on July 1, 2016. The Department shalt perform communications services
in accordance with the terms and conditions contained within the current Policies and Procedures
Manual.
2. PRIORITY OF COMMUNICATIONS SERVICES. Priority of communications services shall
be allocated equally among all Users and according to the Department's Policies and Procedures
Manual.
3. DEFINITIONS.
a. "Calls For Service" means all incoming calls and all evelrts in CAD that generate an
incident number.
b. "Call Rate" means the fee per call for service. The assigned Call Rate for Lone Oak is
$17,77.
C. "Infrastructure Fee" means a fee to be paid by the District for the proportionate use of the
infrastructure by West McCracken Fire Protection district, Concord Fire Protection District,
Lone Oak Fire Protection District, Hendron Fire Protection District, and Reidland-Farley
Fire Protection District associated with the software and ether equipment required for
Paducah to provide communications services, divided by five (5) and amortized over the
useful life of said infrastructure. The assigned Infrastructure Fee for Hendron is $.82 per
each Call For Service as defined above.
4, TERM. This Agreement shall become effective on the date the Agreement is frilly executed. The
Initial Term of this Agreement shall be for a period of eighteen (18) months. Such term shall
automatically renew at the end of the Initial Term and any subsequent terms thereafter for an additional
eighteen (18) months unless either Party terminates this Agreement as specified in Paragraph 4 herein
or otherwise places the other Party on notice of its intent to renegotiate the terms of said Agreement by
providing written notification of such intent no later than six (6) months before the termination of the
then applicable term.
5. TERMINATION, This Agreement may be terminated with or without cause upon six (6) months'
written notice to the other Party. Either Party may notify the other Party of its intent to not renew
this Agreement at the end of the then applicable term by providing written notice to the other Party
of its intent to not renew this Agreement no less than sixty (60) days prior to the expiration of the
then applicable term,
6. COMMUNICATIONS SERVICE FEE. The District shall pay a -fee for communications services
provided by Paducah. The amount the District shall pay for conimunications services is equal to
all West ]McCracken Fire Protection District, Concord Fire Protection District, Lone Oak Fire
Protection District Hendron Fire Protection District and Reidland-Farley Fire Protection District
Calls for service in the previous month multiplied by the applicable: Call Rate, divided by five (5).
Because the Call Rate is calculated using projected expenses and Calls for Service, if it is
determined that the amount paid by the District was less than that actually owed, Paducah will send
an invoice to the District. If it is determined that the amount paid by the District was more than
that actually owed, Paducah will issue a refund and/or credit to the District.
7. INFRASTRUCTURE FEE. The District shall pay an Infrastructure Fee, as more particularly
described in the Definition Section of this Agreement, to Paducah on a monthly basis,
S. PAYMENT. Paducah shall send monthly invoices to Lone Oak for the Conununications Service
Fee. Lone Oak shall pay the monthly invoices within thirty (30) days of the date of the invoice.
After sixty (60) days of non-payment, this Agreement shall be subject to Termination by the City
as more particularly described in Paragraph 4.
9. INFRASTRUCTURE. Paducah will purchase the infrastructure upgrade for all systems and pay
all implementation costs related to the infrastructure upgrade to enable the Paducah staff to provide
efficient and expedient communications services to all Users/Parties. All costs related thereto shall
be included in the formula for determining the Infrastructure Fee. The District will be responsible
for ensuring that its field software and hardware devises are compatible with Paducah's software
and hardware.
10. DEPARTMENT/PADUCAH STAFF. The staff of the Department will be employees of
Paducah, subject to Paducah's and the Department's policies and procedures, and will be
supervised by the 911 Communications Services Director, who will report directly to the City
Manager. If deemed necessary, Paducah will hire additional staff to ensure all calls for service
generated as a result of this Agreement are handled efficiently and expediently. New hires will be
employees of Paducah and subject to Paducah's and the Department's Policies and Procedures.
Any issues concerning a Paducah employee shall be addressed with the Director and/or City
Manager.
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I1. LIAISONS OF THE PARTIES. The City Manager and the 911 Communications Services
Director are the authorized representatives for purposes of administration of this Agreement on
behalf of Paducah. Chief Lary Freeman will serve as Lone Oak's liaison.
12.911 COMMUNICATIONS SERVICES USER GROUP.
(a) A 911 Communications Services User Group (hereinafter "User Group") will be created which
consists of Paducah's Chief of Police, Paducah's Fire Chief, thie 911 Comnnunications Services
Director, McCracken County's Sheriff, and McCracken County's Emergency Management
Services Director, and one person who will represent all fi-ve Fire Protection Districts, i.e,,
West McCracken Fire Protection District, Concord Fire Protection District, Lone Oak Fire
Protection District, Hendron Fire Protection District and Reidland-Farley Fire Protection
District. The User Group shall meet quarterly or more often as necessary. The User Group
members shall meet to discuss strategic issues and matters ai inutual interest and concern and
shall report to the City Manager those recornrnendations which the User Group deems of
significant import. The Parties expressly acknowledge and agree that Paducah is not required
to implement said recommendations and that a failure to do so will not be a material breach of
this Agreement. Lone Oak hereby agrees and acknowledges that additional members tray be
added to the User Group at the discretion of Paducah.
(b) Prior to implementing a change in policy which will directly impact first responders, Paducah
agrees to notify Lone Oak of the proposed change at least fourteen (14) days before
implementation, Before the expiration of the fourteen (14) day notice, Lone Oak may request a
Special Called Meeting of the User Group to discuss the proposed change in policy. If a
majority of the members of the User Group object to the proposed change in policy, the User
Group shall notify the City Manager of said objection in wriliog, and the reasons therefor. The
City Manager will give due consideration to the objections of the User Group in determining
whether the change is necessary and/or whether an altemadve change would be snore
appropriate.
13. ADDITIONAL AGENCIES. All Parties acknowledge and agree that Paducah may provide
communications services to other agencies without the consent or Lone Oak.
14. NONDISCRIMINATION. The Parties shall comply with all applicable federal, state, and local
laws regarding nondiscriminatory employment practices, whether or not said laws are expressly
stated in this Agreement. The Parties shall not discriminate against any employee or applicant
because of race, color, religious creed, national origin, physical disability, mental disability,
medical condition, marital status, sexual orientation, sex, or age.
15. COMPLIANCE WITH LAW. The Parties shall comply with all applicable legal requirements
including all federal, state, and local laws, ordinances and resolutians, whether or not said laws are
expressly stated in this Agreement.
16. INSURANCE. Lone Oak shall maintain general and auto liability insurance, including bodily
injury and property damage, with a single combined liability limit. of not less than $1,000,000 for
claims arising out of and in connection with the provision of service by Paducah under this
agreement.
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17. CONFIDENTIAL INFORMATION.
(a) The term "Confidential Information" shall mean any and all h.,formation which is disclosed by
either Party ("Owner") to the other ("Recipient") verbally, electronically, visually, or in a
written or other tangible form which is either identified or should be reasonably understood to be
confidential or proprietary. Confidential Information includes, but is not /muted to, trade secrets,
computer programs, software, documentation, formulas, data, inventions, techniques, marketing
plans, strategies, forecasts, custorner lists, employee information, financial information, confidential
infonnation concerning Owner's business, as ONvner has conducted it or as it may conduct itself in
the future, confidential information concerning any of Owner's past, current, or possible future
products or manufacturing or operational methods, including information about Owner's research,
development, engineering, purchasing, manufacturing, accounting, marketing, selling or leasing, and
any software (including third party software) provided by 10-wiler, Owner's Confidential
Information shalt be treated as strictly confidential by Recipient and shall not be disclosed by
Recipient except to those third parties with a need to know and that are operating under a
confidentiality agreement with noir-disclosure provisions no less restrictive than those set forth
herein. Tlus Agreement imposes no obligation upon the Panties with respect to Confidential
hifor-rnation which either party can establish by legally sufficient evidence: (a) was in the possession
of, or was rightfully known by the Recipient without an obligation to maintain its confidentiality
prior to receipt from Owner; (b) is or becomes generally known to the public without violation of
this Agreement; (c) is obtained by Recipient in good faith from a third party having the right to
disclose it without an obligation to confidentiality; (d) is independently developed by Recipient
without the participation of individuals who have had access to the Confidential Infonnation or (e) is
required to be disclosed by court order or applicable law, provided prior notice is given to the
Owner. The Recipient shall not obtain, by virtue of this Agreement, any rights, title, or interest in
any Confidential Information of the Owner. Within fifteen (I5) days after termination of this
Agreement, each party shall certify in writing to Owner that alt copies of Owner's Confidential
Information in any form, including partial copies, have been destroyed or returned to Owner.
(b) The Parties acknowledge that governmental agencies are required to release certain information
pursuant to requests made under the provisions of the Kentucky Open Records Act and/or the
Freedom of Information Act and further acknowledge and agrees that a response in compliance
therewith is not a breach of this Agreement.
(c) Each Recipient shall protect all Confidential Information reC-cijed pursuant to or as a result of
this Agreement with at least the same degree of care and confidentiality, but not less than a
reasonable standard of care, with which Recipient utilizes for its own Confidential Information.
(d) The terms of this Paragraph shall survive termination of this Agreement.
IS. INDEMNIFICATION. Each party shall indemnify, hold harmless, and defend the other party
(including its elected officials, officers, agents and employees) from and against any and all claims
(including all litigation, demands, damages, liabilities, costs, expenses, and attorney's fees)
resulting or arising from that party's performance, or failure to perform, under this Agreement.
Notwithstanding this provision, each party shall be responsible for the negligent acts and/or willful
misconduct of their authorized agents. Nothing contained hereir, shall operate to modify Kentucky
statutory or common law as it relates to each Party's respective liability for their own acts and/or
actions of their agents.
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19. FORCE MAJEURE. If by reason of force niojeure Paducah is unable in whole or in part to
perform the services under this Agreement, Paducah shall not 1, considered in breach during the
continuance of such inability. The term 'force nicjeure" as used liereiir shall mean the following:
acts of God; strikes, lockouts or other industrial disturbances; :acts of public enemies; orders or
restraints of any kind of the goverrunent of the United States or of the State or any of their
departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides,
earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery,
transmission pipes or canals; or any other cause or event not reasonably within the control of
Paducah.
20. RELATIONSHIP OF THE PARTIES. It is expressly understood that no agency, employee,
partnership, joint venture or other relations is established by this Agreement. Nothing contained in
this Agreement is intended to, nor shall it be construed in any way, to be a joint powers agreement
of any kind.
21. CONTINUOUS SERVICE DELIVERY. The Parties agree that there is a public health and
safety obligation to ensure uninterrupted and continuous service delivery to Paducah and
McCracken County citizens and visitors. In the event of a material breach; Paducah will continue
to provide services under this Agreement during any dispute resolution process and Lone Oak will
continue to make payment of any fees owed during said process. Additionally, in the event the
Agreement is terminated for any reason, the Parties agree to cooperate in transitioning Lone Oak to
a new service provider for a reasonable period of timc. Lone Oak will continue to be responsible
for its fees, as set forth herein, during said transition period,
22. NO EXPRESS OR IMPLIED WARRANTY. Paducah provides the hardware, software, and
ancillary systems without any warranty or condition, expressed or implied. Paducah specifically
disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non -
infringement. Lone Oak acknowledges that the systems may uut operate continuously without
interruption. Paducah makes no representations, warranties, or guarantees regarding uptime for the
systems. Paducah agrees to pursue remedies through the vendor- for the systems to all software
problems arising from software provided by the vendor. Remedies for problems arising that are
caused by circumstances outside of the vendor's control (netwoyk connection issues, user errors,
hardware failures, etc.) shall be pursued by Paducah until a resolution is achieved, Paducah shall
not be liable to Lone Oak for a hardware, software, or ancillary system failure for any direct,
indirect, special, incidental, punitive, or consequential damages and losses incurred as a result
thereof.
23. NOTICES. All notices required or contemplated by this Agreement small be in writing and shall be
delivered to the respective party as set forth in this section. Conimirnications shall be deemed to be
effective upon the first to occur of: (a) actual receipt by a parry's Authorized Representative, or (b)
actual receipt at the address designated below, or (c) three (3) working days following deposit in
the United States Mail of registered or certified mail sent to the address designated below. The
Authorized Representative of either party may modify their respective contact information
identified in this section by providing notice to the other party.
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TO: City of Paducah
Attn: Mayor Gayle Kaler
City Hall
300 South 5"' Street
Paducah, Ky 42003
To: Loue Oah Fire District
Attn: Chief>v,arry Freeman
Lone Oak- Fire District
111 Cave Tlioinas Drive
Paducah, Kentucky 42001
24. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a
guide to the contents and are not to be considered as controlling, enlarging, or restricting the
interpretation of the Agreement.
25. SEVERABILITY. If any provision of this Agreement (includi%j, any phrase, section, covenant, or
condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the
Agreement shall be construed as not containing that provisinrr, and the remainder of this
Agreement shall remain in full force and effect; provided, however, this paragraph shall not be
applied to the extent that it would result in a frustration of the Parties' intent under this Agreement,
26. GOVERNING LAW, JURISDICTION, AND VENUE. This Agreement shall be governed in
accordance with the laws of the Commonwealth of Kentucky. Should any dispute arise between
the Parties, the Parties shall submit the dispute for administered mediation, The situs of the
mediation shall be in Paducah, Kentucky, and shall be mediated by an experienced local mediator
selected by the Parties and paid for jointly and equally by the Parties. In the event the Parties are
unable to resolve the dispute through mediation, any unresolved dispute shall be brought
exclusively in a state court located in McCracken County, Kentucky. By execution of the
Agreement, each of the Parties consent to the exclusive jurisdiction of such courts, and waive their
right to challenge jurisdiction or venue in such courts. Each Party also waives their right to trial by
jury. in the event a dispute must be resolved through litigation, the prevailing party shall be
entitled to recover the costs and expenses of the dispute froin the other party, including its
reasonable attorney fees. By entering into this Agreement, Hendr•on explicitly waives any
argument it may have that it is protected by sovereign immunity as it relates to actions by Paducah
to enforce this Agreement and/or seek damages for a breach of contract.
27. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be
assigned or transferred, nor shall any of the Parties' duties be delegated, without the written
consent of the other Party. Any attempt to assign or delegate this Agreement without the written
consent of the other Party shall be void and of no force or cffco. Consent by a Party to one
assignment shal l not be deemed to be consent to any subsequent assignment.
28. SUCCESSORS. This Agreement shall bind and inure to the benefit of all successors and assigns
of the Parties and any associates in interest, and their respective Erectors, officers, agents; servants,
and employees, and the successors and assigns of each of them; separately and collectively.
29. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by
an agreement in writing signed by both Parties.
30. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
Each Party shall have the right at all times to enforce the provisions of this Agreement in strict
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accordance with the terms hereof, notwithstanding any prior coatiduct or custom. The failure of a
Party to enforce its rights under this Agreement shall not be construed as having created a custom
which is contrary to specific provisions of this Agreement, or as having in any way or maiv)er
modified or waived such provisions. All rights and remedies of the Parties shall be cumutatiVe,
and the exercise of one right or remedy shall not be deemed a ivaiver or release of any other right
or remedy.
31. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by
reference, comprises the entire integrated understanding between the parties concerning the
services described herein. This Agreement supersedes all prior negotiations, agreements; and
understandings regarding this matter, whether written or orad. This Agreement may not be
amended except in writing signed by a duly authorized representative of each Party.
32, SIGNATURES. The individuals executing this Agreement represent and warrant that they have
the right, power, legal capacity, and authority to enter into and to+execute this Agreement on belialf
of the respective entities. This Agreement shall inure to the benefit of and be binding upon the
Parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, Paducah and Lone Oak do hereby agree to the full performance of the
terms set forth herein.
CITY OF PADUCAH
By: Gayle Kaler
Title: Mayor
Date:
APPROVED AS TO FORM:
By: ---
Title: Legal Counsel
LONE OAK FIRE DISTRICT
By: Chief rry Freeman
Title: Chief, Lone Oak Fire District
Date:
APPROVPD AS TO FORIM:
CITY OF PADUCAH 911
COMMUNICATIONS SERVICE AGR W -INTENT
This Conununications Service Agreement (hereinafter "Agreenient") is made and entered into
by and between the City of Paducah, Kentucky, a municipal corporation, (hereinafter "Paducah") and
Hendron Fire Protection District (hereinafter "Hendron" or "Parties" where Paducah and Hendron are
referred to collectively) pursuant to KRS 79.110 et. seq.
RECITALS
WHEREAS, Paducah's 911 Communications Department (hereinafter "Department") is in the
process of becoming a certified Public Safety Answering Point (hereinafter "PSAP) and is set to begin
operations on July 1, 2016, at which time it will provide 911 coin awkications services to its citizens
and visitors;
WHEREAS, in doing so, Paducah will provide 911 coin nwwiications services to citizens and
visitors of other governmental agencies for a fee;
WHEREAS, Hendron wishes Paducah to provide 911 conmunications services for a fee and
pursuant to the provisions as stated herein.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. SCOPE OF COMMUNICATIONS SERVICES. Paducah ihas been certified as a PSAP in
Paducah, McCracken County. Operations of the Paducah 911 Communications Department will
begin and/or has begun on July 1, 2016, The Department shall perform communications services
in accordance with the terms and conditions contained within the current Policies and Procedures
Manual,
2. PRIORITY OF COMMUNICATIONS SERVICES. Priority of conununications services shall
be allocated equally among all Users and according to the Department's Policies and Procedures
Manual.
3. DEFINITIONS.
"Calls For Service" means all incoming calls and all everts in CAD that generate an
incident number,
b. "Call Rate" means the fee per call for service. The assigned Call Rate for Hendron is
$17.77.
c. "Infrastructure Fee" means a fee to be paid by the District for the proportionate use of the
infrastructure by West McCracken Fire Protection district, Concord Fire Protection District,
Lone Oak Fire Protection District, Hendron Fire Protection District, and Reidland-Farley
Fire Protection District associated with the software and ocher equipment required for
Paducah to provide communications services, divided by rive (5) and amortized over the
useful life of said infrastructure. The assigned Infrastructure Fee for Hendron is $.82 per
each Call For Service as defined above.
4. TERM. This Agreement shall become effective on the date the Agreement is fully executed, The
Initial Term of this Agreement shall be for a period of eighteen (18) months, Such term shall
automatically renew at the end of the Initial Term and any subsequent terms thereafter for an additional
eighteen (18) months unless either Party terminates this Agreement as specified in Paragraph 4 herein
or otherwise places the other Party on notice of its intent to renegotiate the terms of said Agreement by
providing written notification of such intent no later than six (6) months before the termination of the
then applicable term.
5. TERMINATION. This Agreement may be terminated with or without cause upon six (6) months'
written notice to the other Party. Either Party may notify the other Party of its intent to not rester
this Agreement at the end of the then applicable term by providing written notice to the other Party
of its intent to not renew this Agreement no less than sixty (60) trays prior to the expiration of the
then applicable term.
6. COMMUNICATIONS SERVICE FEE. The District shall pay a fee for communications
services provided by Paducah, The amount the District shall pay for communications services is
equal to all West McCracken Fire Protection District, Concord Fire Protection District, Lone Oak
Fire Protection District Hendron Fire Protection District and Reidland-Farley Fire Protection
District Calls for service in the previous month multiplied by the .applicable Call Rate, divided by
five (5). Because the Call Rate is calculated using projected expenses and Calls for Service, if it is
determined that the amount paid by the District was less than that actually owed, Paducah will send
an invoice to the District. If it is determined that the amount paid by the District was more than
that actually owed, Paducah will issue a refund and/or credit to the District.
7. INFRASTRUCTURE FEE. The District shall pay an Infrastructure Fee, as more particularty
described in the Definition Section of this Agreement, to Paducah on a monthly basis.
8. PAYMENT. Paducah shall send monthly invoices to Hendron for the Communications Service
Fee. Hendron shall pay the monthly invoices within thirty (30) days of the date of the invoice.
After sixty (60) days of non-payment, this Agreement shall be subject to Termination by the City
as more particularly described in Paragraph 4.
9. INFRASTRUCTURE. Paducah will purchase the infrastructure upgrade for all systems and pay
all implementation costs related to the infrastructure upgrade to enable the Paducah staff to provide
efficient and expedient communications services to all Users/Parties. All costs related thereto shall
be included in the formula for determining the Infrastructure Fee, The District will be responsible
for ensuring that its field software and hardware devises are compatible with Paducah's software
and hardware.
10. DEPARTMENT/PADUCAH STAFF. The staff of the Department will be employees of
Paducah, subject to Paducah's and the Department's policies and procedures, and will be
supervised by the 911 Communications Services Director, who will report directly to the City
Manager. If deemed necessary, Paducah will hire additional staff to ensure all calls for service
generated as a result of this Agreement are handled efficiently and expediently. New hires will be
employees of Paducah and subject to Paducah's and the Department's Policies and Procedures.
Any issues concerning a Paducah employee shall be addressed with the Director and/or City
Manager.
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11. LIAISONS OF THE PARTIES. The City Manager and the 911 Commurucations Services
Director are the authorized representatives for purposes of administration of this Agreement on
behalf of Paducah. Chief Doug Cooper- will serve as Hendron's liaison.
12.911 COMMUNICATIONS SERVICES USER GROUP.
(a) A 911 Communications Services User Group (hereinafter "User Group") will be created which
consists of Paducah's Chief of Police, Paducah's Fire Chief, [lie 911 Communications Services
Director, McCracken County's Sheriff, and McCracken County's Emergency Management
Services Director, and one person who will represent all fi-ve Fire Protection Districts, i.e.,
West McCracken Fire Protection District, Concord Fire Protection District, Lone Oak Fire
Protection District, Hendron Fire Protection District and Reid land -Farley Fire Protection
District. The User Group shall meet quarterly or more often as necessary. The User Group
members shall meet to discuss strategic issues and matters of mutual interest and concern and
shall report to the City Manager those recommendations which the User Group deerns of
significant import, The Parties expressly acknowledge and agree that Paducah is not required
to implement said recornmendations and that a failure to do so will not be a material breach of
this Agreement. Hendron hereby agrees and acknowledges i13at additional members may be
added to the User Group at the discretion of Paducah.
(u) Prior to implementing a change in policy which will directly impact first responders, Paducah
agrees to notify Hendron of the proposed change at least fourteen (14) days before
implementation. Before the expiration of the fourteen (14) day notice, Hendron may request a
Special Called Meeting of the User Group to discuss the proposed change in policy, If a
majority of the members of the User Group object to the proposed change in policy, the User
Group shall notify the City Manager of said objection in writing, and the reasons therefor. The
City Manager will give due consideration to the objections oa the User Group in determining
whether the change is necessary and/or whether an alternative change would be more
appropriate.
13. _ADDITIONAL AGENCIES. All Parties acknowledge and agree that Paducah may provide
communications services to other agencies without the consem of Hendron. In the event this
occurs, the Corrununications Service Fee and the Technology Fee shall be reduced commensurate
with the decrease in percentage of Calls for Service for West McCracken Fire Protection District,
Concord Fire Protection District, Lone Oak Fire Protection District, Hendron Fire Protection
District and Reidland-Farley Fire Protection District as compared to the total Calls for Service.
14. NONDISCRIMINATION. The Parties shall comply with all applicable federal, state, and local
laws regarding nondiscriminatory employment practices, whether or not said laws are expressly
stated in this Agreement. The Parties shall not discriminate against any employee or applicant
because of race, color, religious creed, national origin, physical disability, mental disability,
medical condition, marital status, sexual orientation, sex, or age.
15. COMPLIANCE WITH LAW. The Parties shall comply with all applicable legal requirements
including all federal, state, and local laws, ordinances and resolutions, whether or not said laws are
expressly stated in this Agreement.
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16. INSURANCE. Hendron shall maintain general and auto liability insurance, including bodily injury
and property damage, with a single combined liability limit of not less than $1,000,000 for claims
arising out of and in connection with the provision of service by Paducah under this agreement.
17. CONFIDENTIAL INFOR1-VIATION.
(a) The term "Confidential Information" shall mean any and all information which is disclosed by
either Party ("Owner") to the other ("Recipient") verbally, electronically, visually, or in a
written or other tangible form which is either identified or should be reasonably understood to be
confidential or proprietary. Confidential Information includes, but is not limited to, trade secrets,
computer programs, software, documentation, formulas, data, inventions, techniques, marketing
plans, strategies, forecasts, customer lists, employee informatioru, financial information, confidential
information concerning Owner's business, as Owner has conducted it or as it may conduct itself in
the frit ure, confidential information concerning any of Owner's past, current, or possible fixture
products or manufacturing or operational methods, including information about Owner's research,
development, engineering, purchasing, manufacturing, accounting, marketi=ng; selling or leasing, and
any software (including third party software) provided by Owner. Owner's Confidential
Information shall be treated as strictly confidential by Recipient and shall not be disclosed by
Recipient except to those third parties with a need to know and that are operating under a
confidentiality agreement with non -disclosure provisions no less restrictive than those set forth
herein. Thus Agreement imposes no obligation upon the Parties with respect to Confidential
Infor7mation which either party can establish by legally sufficient evidence: (a) was in the possession
of, or was rightfully known by the Recipient without an obligation to maintain its confidentiality
prior to receipt fi•om Owner; (b) is or becomes generally known to the public without violation of
this Agreement; (c) is obtained by Recipient in good faith from a third parry having the right to
disclose it without an obligation to confidentiality; (d) is independently developed by Recipient
without the participation of individuals who have had access to the Confidential Information or (e) is
required to be disclosed by court order or applicable law, provided prior notice is given to the
Owner. The Recipient shall not obtain, by vimie of this Agreement, any rights, title, or interest in
any Confidential Information of the Owner, Within fifteen (1 S) days after termination of this
Agreement, each party shall certify in writing to Owner that all copies of Owner's Confidential
Information in any form, including partial copies, have been destroyed or returned to Owner.
(b) The Parties acknowledge that governmental agencies are required to release certain information
pursuant to requests made under the provisions of the Kentucky Open Records Act and/or the
Freedom of Information Act and further acknowledge and agree that a response in compliance
therewith is not a breach of this Agreement.
(c) Each Recipient shall protect all Confidential Information received pursuant to or as a result of
this Agreement with at least the same degree of care and confidentiality, but not less than a
reasonable standard of care, with which Recipient utilizes for its own Confidential Information.
(d) The terms of this Paragraph shall survive termination of this Agreement.
18. IND EAJNXFICATION. Each party shall indemnify, hold harmless, and defend the other party
(including its elected officials, officers, agents and employees) from and against any and all claims
(including all litigation, demands, damages, liabilities, costs, expenses, and attorney's fees)
resulting or arising from that party's performance, or failure to perform, under this Agreement.
4
Notwithstanding this provision, each party shall be responsible for the negligent acts and/or willful
misconduct of their authorized agents. Nothing contained herein shall operate to modify Kentucky
statutory or common law as it relates to each Party's respective liability for their own acts and/or
actions of their agents.
19. FORCE MA,IEURE. If by reason of force majeure Paducah is unable in whole or in part to
perform the services under this Agreement, Paducah shall not be considered in breach during the
continuance of such inability, The term 'force majeure" as used herein shall mean the following:
acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or
restraints of any kind of the government of the United States or of the State or any of their
departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides,
earthquakes, fires, storms, droughts, floods, explosions, brezkage or accident to machinery,
transmission pipes or canals; or any other cause or event not reasonably within the control of
.Paducah.
20. RELATIONSHIP OF THE PARTIES. It is expressly understood that no agency, employee;
partnership, joint venture or other relations is established by this Agreement. Nothing contained in
this Agreement is intended to, nor shall it be construed in any way, to be a joint powers agreement
of any kind.
21. CONTINUOUS SERVICE DELIVERY. The Parties agree that there is a public health and
safety obligation to ensure uninterrupted and continuous service delivery to Paducah and
McCracken County citizens and visitors. In the event of a material breach, Paducah will continue
to provide services under this Agreement during any dispute resolution process and Hendron will
continue to make payment of any fees owed during said process. Additionally, in the event the
Agreement is terminated for any reason, the Parties agree to cooperate in transitioning Hendron to
a new service provider for a reasonable period of time. Hendroa will continue to be responsible for
its fees, as set forth herein, during said transition period.
22. NO EXPRESS OR IMPLIED WARRANTY. Paducah provides the hardware, software, and
ancillary systems without any warranty or condition, expressed or implied. Paducah specifically
disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and. non -
infringement. Hendron acknowledges that the systems may aot operate continuously without
interruption. Paducah makes no representations, warranties, or guarantees regarding uptime for the
systems. Paducah agrees to pursue remedies through the vendor for the systems to all software
problems arising from software provided by the vendor. Remedies for problems arising that are
caused by circumstances outside of the vendor's control (network connection issues, user errors,
hardware failures, etc.) shall be pursued by Paducah until a resolution is achieved. Paducah shall
not be liable to Hendron for a hardware, software, or ancillary system failure for any direct,
indirect, special, incidental, punitive, or consequential damages and losses incurred as a result
thereof.
23. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be
delivered to the respective party as set forth in this section. Communications shall be deemed to be
effective upon the first to occur of: (a) actual receipt by a party's Authorized Representative, or (b)
actual receipt at the address designated below, or (c) three (3) working days following deposit in
the United States Mail of registered or certified mail sent to the address designated below. The
Authorized Representative of either party may modify their respective contact information
identified in this section by providing notice to the other party.
F7
TO: City of Paducah
Attn: Mayor Gayle Kaler
City IIalI
300 South 5°i Street
Paducah, Ky 42003
To: Headroai Fire District
Attn: Cliief Doug Cooper
Hendron Fire District
4535 ATMassa Drive
Paducah, Kentucky 42003
24. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a
guide to the contents and are not to be considered as controlling, enlarging, or restricting the
interpretation of the Agreement.
25. SEVERABILITY. If any provision of this Agreement (including any phrase, section, covenant, or
condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the
Agreement shall be construed as not containing that provision, and the remainder of this
Agreement shall remain in full force and effect; provided, however, this paragraph shall not be
applied to the extent that it would result in a frustration of the Parties' intent under this Agreement.
26. GOVERNING LAW, JURISDICTION, AND VENUE, This Agreement shall be governed in
accordance with the laws of the Commonwealth of Kentucky. Should any dispute arise between
the Parties, the Parties shall submit the dispute for adminislere-d mediation. The situs of the
mediation shall be in Paducah, Kentucky, and shall be mediated by an experienced local mediator
selected by the Parties and paid for jointly and equally by the Parties. In the event the Parties are
unable to resolve the dispute through mediation, any unresolved dispute shall be brought
exclusively in a state court located in McCracken County, Kentucky. By execution of the
Agreement, each of the Parties consent to the exclusive jurisdiction of such courts, and waive their
right to challenge jurisdiction or venue in such courts. Each Party also waives their right to trial by
jury. In the event a dispute must be resolved through litigation., the prevailing party shall be
entitled to recover the costs and expenses of the dispute from the other party, including its
reasonable attorney fees. By entering into this Agreement, Herndron explicitly waives any
argument it may have that it is protected by sovereign immunity as it relates to actions by Paducah
to enforce this Agreement and/or seek damages for a breach of co3itract.
27. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be
assigned or transferred, nor shall any of the Parties' duties be delegated, without the written
consent of the other Party. Any attempt to assign or delegate this Agreement without the written
consent of the other Party shall be void and of no force or effect. Consent by a Party to one
assignment shall not be deemed to be consent to any subsequent a.ssignrnent.
28. SUCCESSORS_, This Agreement shall bind and inure to the beriefit of all successors and assigns
of the Parties and any associates in interest, and their respective directors, officers, agents, servants,
and employees, and the successors and assigns of each of there, separately and collectively.
29. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by
an agreement in writing signed by both Parties.
30, WAIVERS. Waiver of a breach or default under this Agreement steal I not constitute a continuing
waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
C
Each Party shall have the right at all times to enforce the provisions of this Agreement in strict
accordance with the terms hereof, notwithstanding any prior cor_duct or custom. The failure of a
Party to enforce its rights ander this Agreement shall not be construed as having created a custom
which is contrary to specific provisions of this Agreement, or as having in any way or maturer
modified or waived such provisions. All rights and remedies of the Parties shall be cumulative,
and the exercise of one right or remedy shall not be deemed a waver or release of any other right
or remedy.
31. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by
reference, comprises the entire integrated understanding between the parties concerning the
services described herein. This Agreement supersedes all prior negotiations, agreements, and
understandings regarding this matter, whether written or oral. This Agreement may not be
amended except in writing signed by a duly authorized representative of each Party.
32. SIGNATURES. The individuals executing this Agreement represent and warrant that they have
the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf
of the respective entities. This Agreement shall inure to the benefit of and be binding upon the
Parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, Paducah and Hendron do hereby agree to the full performance of the
terms set forth herein.
CITY OF PADUCAH
By: Gayle Kaler
Title: Mayor
Date
APPROVED AS TO FORM:
By:
Title: Legal Counsel
7
HENDRON FIRE DISTRICT
By: Chief D2.tg Cooper
Title: Chief, Hendren Fire District
Date:
APPROVED AS TO FORM:
Agenda Action Form
Paducah City Commission
Nleeting Date: September 6, 2016
Short Title: AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY
APPROVING A FIRST AMENDMENT TO THE CONTRACT WITH FREEDOM
WASTE SERVICE, LLC
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Jeff Pederson, City Manager
Presentation By: Jeff Pederson, City Manager
Background Information:
During the fall of 2015, City of Paducah began publicly advertising and accepting bids for a new
long-term agreement for the disposal of municipal solid waste generated within the City of Paducah,
which is also to include provisions for the operation of a transfer facility and for the transportation
and disposal of recyclable materials, After evaluating all bids, the City awarded the contract to
Freedom Waste Service, LLC of Mayfield, Kentucky. An agreement between the City and Freedom
was entered into on January 19, 2015.
Pursuant to the Agreement, Freedom agreed to design, construct, operate, maintain, and replace, at its
sole cost and expense, a Transfer Station on a Transfer- Station Site, in accordance the Approved
Plans on or before the Construction Completion Date and the Service Date of August 1, 2016. Due
to several factors, Freedom Nvas not able to construct the Transfer Station on the original Transfer
Station Site. A new Transfer Station Site was acquired in fee by freedom and is located at 400 State
Street, Paducah, McCracken County, Kentucky. Due to the new location new plans for the Transfer
Station have been prepared and have been approved by the local governmental entity.
Further, Freedom has not been able to meet the August 1, 2016 Service Date as required by the
original agreement due to rain delays. The new Service Date is estimated as September 26, 2016.
City and Freedom have reached an agreement as to the delay liquidated damage provision provided
in the January 19, 2015 agreement, This First Amendment documents this agreement and requires a
delay liquated damage payment in the amount of $27,000.00 within 3 days of execution of the First
Amendment, The First Amendment also amends the location of the Transfer Station Site and the
Approved Plans of the Transfer Station.
Goal: ❑Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns
Staff Recommendation:
To approve the First Amendment to agreement with Freedom and authorize the execution of the First
Amendment by the Mayor.
Attachments: First Amendment to Agreement for Transfer, Transport, and Disposal of Municipal
Solid Waste Assistance
Agenda Action Form
Page 2
Department Head
City Clerk
City Manager
Page 2
195061
ORDINANCE NO. 2016 -
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY,
AUTHORIZING AND APPROVING THE FIRST AMENDMENT TO AN
AGREEMENT FOR TRANSFER, TRANSPORT AND DISPOSAL OF MUNICIPAL
SOLID WASTE BETWEEN THE CITY OF PADUCAH AND FREEDOM
WASTE SERVICE, LLC,; AND AUTHORIZING THE EXECUTION OF THE
FIRST AMENDMENT
WHEREAS, the City of Paducah's (the "City") Solid Waste Division is
responsible for the collection of residential and commercial waste within the City
limits of Paducah; and
WHEREAS, on January 19, 2016, 2015, City and Freedom Waste Service, LLC,
is a Kentucky limited liability company ("Freedom"), entered into an Agreement for
Transfer, Transport, and Disposal of Municipal Solid Waste (the "Agreement"), whereby
City contracted with Contractor for long-term transfer station services, the transport
and disposal of all municipal solid waste, and a safe and accessible citizen drop-off
area for the deposition of recyclable products; and
WHEREAS, City and Contactor now desire to amend certain portions of the Agreement
to accurately reflect the location of the Transfer Station Site and the Approved Plans of the
Transfer Station, and to formally document their agreement and understanding as to the
liquidated damages due to the City under Section 2.2.2., of the Agreement ; and
NOW THEREFORE, BE I`I' ORDAINED BY THE CITY COMMISSION OF THE
CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
Section 1. Recitals and Authorization. The City hereby authorizes and approves the First
Amendment to Agreement for Transfer, Transport and Disposal of Municipal Solid Waste
between the City and Freedom (the "First Amendment"), in substantially the same form attached
hereto as Exhibit A and made a part hereof. It is further determined that it is necessary and
desirable and in the best interest of the City to enter into the First Amendment for the purposes
therein specified. The Mayor of the City is hereby authorized to execute the First Amendment,
and all other documents and instruments of any kind to be executed or delivered in connection
with the First Amendment, with such changes in the First Amendment not inconsistent with this
Ordinance and not substantially adverse to the City as may be approved by the official executing
the same on behalf of the City or the City Manager. The approval of such changes, and that such
are not substantially adverse to the City, shall be conclusively evidmccd by the execution of the
First Amendment by the authorized official.
Section 2. Severability. If any section, paragraph or provision of this Ordinance shal l be
held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
Section 3. Compliance With Open Meetings Laws. The City Commission hereby finds
and determines that all formal actions relative to the adoption of this Ordinance were taken in an
open meeting of this City Cormnission, 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 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with
the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
Section 5. 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, September• ___, 2016
Adopted by the Board of Commissioners, September , 2016
Recorded by City Clerk, September , 2016
Published by The P(7clucah Sun, _ 12016
ORD\ agree -solid waste services — Freedom Waste Amend #I
2
EXHIBIT A TO THE ORDINANCE
FIRST AMENDMENT TO AGREEMENT FOR TRANSFER, TRANSPORT
AND DISPOSAL OF MUNICIPAL SOLID WASTE
See attachment
197650
FIRST AMENDMENT TO
AGREEMENT FOR TRANSFER, TRANSPORT
AND DISPOSAL OF MUNICIPAL SOLID WASTE
THIS FIRST AMENDMENT (this "Amendment") TO AGREEMENT FOR
TRANSFER, TRANSPORT AND DISPOSAL OF MUNICIPAL SOLID WASTE made and
entered into on this day of , 2016 (the "Effective Date") by and between by and
between the CITY OF PADUCAH, KENTUCKY, a municipal corporation and body politic of
the Commonwealth of Kentucky, P.O. Box 2267, Paducah, Kentucky 42002-2267, (hereinafter
referred to as the "City") and FREEDOM WASTE SERVICE, LLC, a Kentucky
limited liability company, with local offices located at 3426 State Route 45 South,
Mayfield, Kentucky 42066 (hereinafter referred to as "Contractor"), All defined terms not
otherwise defined herein shall have the same meaning as defined in the Agreement for Transfer,
Transport, and Disposal of Municipal Solid Waste dated January 19, 2016.
WITNESSETH:
WHEREAS, upon the successful completion of the City's sealed bidding procedure and
on January 19, 2016, 2015, City and Contractor entered into an Agreement for Transfer,
Transport, and Disposal of Municipal Solid Waste (the "Agreement"), whereby City contracted
with Contractor for long-term transfer station services, the transport and disposal of all
municipal solid waste, and a safe and accessible citizen drop-off area for the deposition of
recyclable products; and
WHEREAS, under the Agreement, Contractor agreed to design, construct, operate,
maintain, and replace, at its sole cost and expense, a Transfer Station on the Transfer Station Site,
in accordance the Approved Plans on or before the Construction Completion Date and the Service
Date of August 1, 2016; and
WHEREAS, Contractor has moved the Transfer Station Site and has redesigned the plans
for the Transfer Station; and
WHEREAS, the Construction Completion Date and the Service. Date for the Transfer
Station on the Transfer Station Site did not occur on or before August 1, 2016, and pursuant to
the terms of the Agreement, City is entitled to liquidated damages in accordance with Section
2.2.2. of the Agreement; and
WHEREAS, City and Contactor now desire to amend certain portions of Section 1:
Definitions, and Schedule I of the Agreement to accurately reflect the changed location of the
Transfer Station Site and the Approved Plans of the Transfer Station; and
WHEREAS, City and Contractor have also reached an understanding as to the liquidated
damages due to the City under Section 2.2.2. of the Agreement and now desire to commitment
that understanding to writing.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and of
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and intending to be legally bound hereby, the parties hereto agree as follows:
Section 1, Amendments to the Agreement. As of the date hereof, the Agreement is
amended as follows:
I . I. Section 1.29. of the Agreement is hereby delcied in its entirety and
replaced with the following:
Section 1.29. Transfer Station Site: Means Tracts "A" plus
"EI "consisting of 9.914 aces total as shown and indicated by plat orNoonan Development, Inc„
Property of record in Plat Section L, page 1576, of the rLlcCracken County Court Clerk's office,
and generally described as 400 State Street, Paducah, AlIeCracken County, Kentucky, on )Mich
the Transfer- Station is to be constructed and operated .Being the same property conveyed to
Freedom Waste Service, LLC, a .Kentucky limited liability company, by deed dated Apri121,
2016, of record in Deed Book 1320, page 606 in the aforesaid clerk's office.
1.2. Schedule l (the "Approved Plans") to the Agreement is hereby deleted in
its entirety and replaced with the attached Schedule J, which is incorporated herein:
Section 2. Agreement as to Liquidated Damages. As of the date hereof, City and
Contractor covenant and agree as follows:
2.1. Section 2.2.2. of the Agreement provides, "[i]f the Service Date does not
occur on or before August 1, 2016 (as extended only due to the occurrence of an Uncontrollable
Circumstances), the Contractor shall pay the City delay liquidated damages in the amount of
$1,000.00 per day for each day of such delay. The City may invoicc the Contractor for such
liquidated damages on a weekly basis, and such invoices will be due and payable by the
Contractor within ten days following receipt of the invoice."
2.2. City and Contractor acknowledge and agree that the Construction
Completion Date and the Service Date for the Transfer Station as defined in the Agreement did
not occur on or before August 1, 2016.
2.3. City and Contractor acknowledge and agree that tlie Construction
Completion Date and the Service Date was delayed in part due to the occurrence of an
Uncontrollable Circumstances in the form of unusual amounts of rain in the geographic region
causing delays in the pouring of footers and side walls.
2.4. City and Contractor acknowledge and agree that pursuant to the
Climatological Data for Paducah Area, Kentucky from May 1, 2016 through July 31, 2016,
attached hereto and incorporated herein as Exhibit A, Contractor has experienced 29 rainout
days delaying construction of the Transfer Station.
2.5. Contractor covenants and agrees that the Construction Completion Date
and the Service Date for the Transfer Station shall be on or before September 26, 2016.
2.6. Contractor promises to pay to City, within three (3) days from the date of
this Amendment, delay liquidated damages in the amount of $27,000.00, for 56 days of delay
from August ls` through September 261h, to which the City has agreed to accept as delay
liquidated damages through September 26, 2016. The delay liquidated damages is calculated as
56 days of delay less 29 rainout days for a total of 27 days of compensable delay days. In the
event, the Construction Completion Date and the Service Date for the Transfer Station does not
occur on September 26, 2016, Contractor shall continue to pay to City delay liquidated damages
in the amount of $1,000.00 per day for each day of such delay. The City may invoice the
Contractor for such liquidated damages on a weekly basis, and such invoices will be due and
payable by the Contractor within ten days following receipt of the invoice. In the event, the
Construction Completion Date and the Service Date for the Transfer Station occurs before
September 26, 2016, City shall refund to Contractor any overpayment of the delay liquidated
damages paid hereunder.
2.7. Further, Contractor and City expressly acknowledge and agree that
pursuant to Section 2.2.2. of the Agreement, the failure of the Contractor to have achieved the
Service Date by October 1, 2016 shall constitute a material default by the Contractor and the
City, by notice to the Contractor, may (notwithstanding anything to the contrary in Section IS of
the Agreement) terminate the Agreement without any requirement of having given notice
previously or of providing any further cure opportunity.
Section 3. Reaffirmation of the Agreement. Except for the modifications set forth
herein, all other terms and provisions of the Agreement entered into between the parties are
expressly acknowledged, reaffirmed, and ratified by all parties hereto. All parties hereby agree
to perform in strict accordance with the terms and provisions as set forth under the Agreement.
Section 4. Miscellaneous Provisions.
4.1. Successors and Assigns. This Amendment shall be fully binding upon the
parties hereto and their successors, and assigns as of the date hereof.
4.2. Future Amendments. The Agreement may not be altered,
amended, modified, terminated, waived, released, or discharged, except in a writing
signed by the parties or their successors or assigns.
4.3. Counterparts. This Amendment may be executed in any number of
counterparts and by different parties hereto on separate counterparts each of which, when
so executed, shall be deemed an original, but all such counterparts shall constitute one
and the same agreement.
3
4.4. Applicable Law. The provisions of this Amendment and the Agreement
are entered into and are to be performed in the Commonwealth of Kentucky. The City and
Contractor agree that the laws of the Commonwealth of Kentucky shall govern the rights,
obligations, duties and liabilities of the parties to this Agreement and shall govern the
interpretation of this Agreement. Any legal action arising from or relating in any way to this
Agreement shall have venue exclusively in the state courts of McCracken County, Kentucky.
IN WITNESS WHEREOF, the parties have respectively caused this Agreement to be
executed on the day and year first above written.
CONTRACTOR:
FREEDOM WASTE, SERVICE, LLC
By: _
Title:
CITY
CITY OF PADUCAH, KENTUCKY
Title
SCHEDULE I TO THE AGREEMENT
TRANSFER STATION APPROVED PLANS
ATTACHED HERETO
EXHIBIT A TO THE AMENDMENT
CLIMATOLOGICAL DATA FOR PADUCAH AREA
ATTACHED HERETO
EXHIBIT A
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at the time given below (Local Standard Time).
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Climatological Data for Paducah Area, KY (ThreadV-x) - Ame 2416
�Saxlmum NIinimma r Average Departure
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Nvy Snow
Snow Depth
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2016-06.07
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2016-06-12
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ClItnatological Data for Paducah Area, KY (ThreadEx) -July 2016
+, Tcmpctaturc
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Snow Deptir
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2016-01-07
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2016-07-13
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2016-07-14
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2016-07-23
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Agenda .Action Form
Paducah City Commission
Meeting Date: September 6, 2016
Short Title: Trinity United Methodist Church Annexation
Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑
Staff Work By: Stephen Ervin
Presentation By: Stephen Ervin
Background Information:
The intent of this agenda item is to annex 6125 Blandville Road and 1592 New Holt Road into
the City of Paducah. Both properties are owned by Trinity United Methodist Church, The Church
is located @ 6125 New Holt Road and 1592 New Holt Road is used for Church access.
Funds Available: Account Name: N/A
Account Number: N/A Finance
Motion:
Attachments
Department Head City Clerk 4741oty Manager
Tri y United Methodist Church
LOVE • GROW • SERVE
July 8`h, 2016
City of Paducah
Planning Department
300 South 51" Street
Paducah, Kentucky 42003
Attn: Steve Ervin, Director of Planning
Dear Mr. Ervin,
U.'6L I y LU4
Planrirlg Deparfine. i-
wwwArinitypaducah.com
6125 Blandville Road
Paducah, KY 42001
270534-9516
Please find this letter to be an official annexation request for properties located at 6125 Blandville Road
(Annexation Area #2) and an area Labeled as Annexation Area #1 into the City of Paducah corporate limits. 6125
Blandville Road address is presently being used as Trinity United Methodist Church and Annexation Area #1 is
being used as an access point for the church. As a condition to the annexation, we request that the City of
Paducah prepare the annexation plat, legal descriptions and file a Waiver Nat with the Paducah Planning
Commission, at no cost to Trinity United Methodist Church, to combine all three properties into one property.
If you have any questions, please do not hesitate to contact us.
Thank Yo ,
i
Duane Dubrock, Trustee Chair an
Trinity United Methodist Church
Cc: Rev. Sky McCracken, District Superintendent
Purchase District of the Memphis Conference of the United Methodist Church
�]''1't "Established 1952" f��f]''
� b HUNT R ARTI f & ASSOCIATES, INC.
C1
$c 3220 Lone Oak Road * Paducah, Kentucky 42003 * (270) 554-2737 * FAX (270) 538-9470
«Av.huntermartin.com
LEGAL DESCRIPTION
OF
5.815 ACRES
FOR
CITY OF PADUCAH
Lying on the Northerly side of U.S. Highway 62 (Blandville Road) and being part of the Trinity United
Methodist Church property recorded in Deed Book 804, page 621, Deed Book 830, page 731 and shown
as Tract 2 per Waiver of Subdivision recorded in Plat Section "K", page 628, McCracken County Court
Clerks office, McCracken County, Kentucky and more particularly bounded and described as follows to
wit:
Beginning at an existing 6" X 6" concrete right-of-way monument in the Northerly right-of-way line of U.S.
Highway 62 that is perpendicular and 80 feet Northwardly therefrom centerline Highway Station
149+76.10, said centerline Highway Station being 133.90 feet as measured Southwestwardly along said
centerline from its intersection with the centerline of Highland Church Road; THENCE FROM SAID
POINT OF BEGINNING S 80037'54" W with the Northerly right-of-way line of said U.S. Highway 62 1.14
feet to a '/z" rebar with cap no. 2105 set at the Southeast corner of the Neal and Sharon Oliphant property
per Deed Book 860, page 38; thence N 22°13' 23" W with the Easterly line of said Oliphant property
429.54 feet to an existing '/2" rebar at the Southwest corner of the Trinity United Methodist Church
property per Tract 1 as shown on Waiver of Subdivision recorded in Plat Section "K", page 628; thence
N 82°24'41" E with the Southerly line of said Trinity United Method'st Church property per said Tract 1 to
Waiver of Subdivision recorded in Plat Section "K", page 628, 712.03 feet to an existing '/2" rebar at the
Southeast corner thereof and in the West line of the John and Laree Eckstein property per Deed Book
1030, page 115; thence S 1°11'02" W with the West line of said Eckstein property 388.52 feet to an
existing 6" x 6" concrete right-of-way monument at the Southwest corner of said Eckstein property and in
the Northerly right-of-way line of aforesaid U.S. Highway 62; thence So.rthwestwardly with the Northerly
right-of-way line of said U.S. Highway 62 for the following 3 calls: S 80°11'26" W 122.69 feet to a'/" rebar
with cap no. 2105 set at a point perpendicular and 105 feet Northwardly therefrom centerline Highway
Station 154+00; S 74°44'50" W 164.86 feet to an existing 6" x 6" concrete right-of-way monument at a
point perpendicular and 85 feet Northwardly therefrom centerline Highway Station 152+32.25; and
S 8V19'43" W 257.18 feet to the Point of Beginning and conta.aing 5.815 Acres as shown on
"Annexation Plat for the City of Paducah" prepared by Hunter Martin & Associates, Inc. dated August 18,
2016.
The above legal description was written by Rod H. Martin, Kentucky Licensed Professional Land
Surveyor, on the 18rh day of August, 2016, and is correct to the best of my knowledge and belief.
Kentucky Licensed Professional Land Surveyor No. 2105
JMG:dg
"Established 1952"
N HUNTED MARTIN & ASSOCIATES, INC.
$c 3220 Lone Oak Road * Paducah, Kentucky 42003 * (270) 554-2737 * FAX (270) 538-9470
w-,v-,v.htmter martin.com
LEGAL DESCRIPTION
OF
2.498 ACRES
FOR
CITY OF PADUCAH
Lying on the East side of Holt Road and being part of the Trinity Un`ted Methodist Church property
recorded in Deed Book 928, page 643 and shown as Tract 1 per Waiver of Subdivision recorded in Plat
Section "J", page 210, McCracken County Court Clerks office, McCracken County, Kentucky and more
particularly bounded and described as follows to wit:
Beginning at an existing %2" rebar (bent) in the East right-of-way line of Hoit Road at the Northwest corner
of Lot 8 to Meadow View Subdivision recorded in Plat Section "L", page 1313, said point being 787.37
feet as measured Northwardly along said East right-of-way line from an existing 6" x 6" concrete right-of-
way monument at its intersection with the Northerly right-of-way line of U.S. Highway 62; THENCE FROM
SAID POINT OF BEGINNING N 7°22'32" E 293.25 feet to an existing 1/2' rebar with cap no. 1955 in the
Southerly line of Lot 1 to Eaglebrook Subdivision (Phase 1) per Plat Section "K", page 1689; thence
S 80050'00" E with the Southerly line of Lots 1, 2, 3, 4, 5 and 6 to said Phase I of Eaglebrook Subdivision
492.79 feet to a '/" rebar with cap no. 2105 set at the Southeast corner cf said Lot 6 and in the center of
a creek; thence Southwestwardly with the centerline meanders of said creek for the following 2 calls:
S 61°26'52" W 87.70 feet to a point and N 80°49'20" W 43.38 feet to a point; thence N 87°23'36" W and
leaving said creek 26.58 feet to a point on the Northwesterly bank as shown on Waiver of Subdivision
recorded in Plat Section "K", page 628 (original corner post not found this survey); thence S 16038'01" E
23.53 feet to a point in the center of aforesaid creek; thence Souftestwardly with the centerline
meanders of said creek for the following 4 calls: S 5°17'35" W 26.02 feet to a point; S 10°08'51" W 39.36
feet to a point; S 1747'05" W 91.28 feet to a point and S 22°30'20" W 62.25 feet to a'/2" rebar with cap
no. 2105 set at the Northeast corner of aforesaid Lot 8 to Meadow view Subdivision; thence
N 80°40'27" W with the North line of said Lot 8, 327.74 feet to the Point of Beginning and containing
2.498 Acres as shown on "Annexation Plat for the City of Paducah" prepared by Hunter Martin &
Associates, Inc. dated August 18, 2016.
The above legal description was written by Rod H. Martin, Kentucky Licensed Professional Land
Surveyor, on the 18th day of August, 2016, and is correct to the best of rny knowledge and belief.
Kentucky Licensed Professional Land Surveyor No. 2105
JMG:dg
I
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Agenda Action Forll>r>r
Paducah City Commission
Meeting Date: 9,(0'lZV
Short Title: Closure of a Portion of North 29`" Street between Trimble Street and
Harrison Street
Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Angela Weeks, Engr Pro3 Mgr
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Background hdormation:
The adjacent property owner, Linn Grove Properties, LLC, has submitted an executed
application requesting that a portion of North 29"' Street between Trimble Street and Harrison
Street be closed. On August 15, 2016, the Planning Commission held a Public Hearing and has
made a positive recommendation to the City Commission for this closure. All of the utility
companies have agreed to this closure with two 15' Public Storm Sewer Easements to be
established as shown on the Street Closure Plat.
Goal; ❑Strong Econo-my []Quality Services ZVital Neighborhoods ❑Restored Downtowns
Funds Available: Account Name: NIA
Account Number: Finance
Staff Recommendation:
To adopt an ordinance authorizing the closing of a portion of North 29'h Street between
Trimble Street and Harrison and authorizing the Mayor to execute the closure plat and all
necessary documents to complete the transfer of property to the adjacent property owners; and
to establish two 15' Public Storm Sewer Easements.
Attachments:
Original Street Closure Application, Proposed Closure Plat, Public Hearing Notice, Planning
Commission Resolution
Depart ent City Clerk City Manager
ORDINANCE NO. 2016 -9 -
AN ORDINANCE PROVIDING FOR THE CLOSING OF NORTH 29" STREET
BETWEEN TRIMBLE STREET AND CLAY STREET AND BETIVEEN CLAY STREET AND
HARRISON STREET, AND AUTHORIZING THE MAYOR TO EXECUTE ALI, DOCUMENTS
RELATING TO SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, K FNTUCKY:
SECTION 1. That the City of Paducah does hereby ,iuthori7e the closing of
North 29'" Street between Trimble Street and Clay Street and between Clay Street and
Harrison Street as follows:
A PORTION OF NORTH 29" STREET BETAIEEN
CLAY STREET & TRIMBLE STREET
BEING A 0.477 ACRE TRACT OF LAND LYING WITHIN THE CITY LIMITS OF
PADUCAH. KY, McCRACKEN COUNTY AND BEING A PORTION OF AN UN-
DEVELOPED SECTION OF NORTH 29" STREET LYING BETWEEN CLAY
STREET AND TRIMBLE STREET AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING FROM A POINT, SAID POINT BEING A REFERENCE POINT
LOCATED IN THE CENTERLINE OF TRIMBLE STREET AND BEING 895.00
FEET EASTERLY FROM THE CENTERLINE INTERSECTION OF TRIMBLE
STREET AND NORTH 30TH STREET;
THENCE SOUTH 25 DEGREES 00 MINUTES 41 SECONDS EAST, A
DISTANCE OF 33.00 FEET TO AN EXISTING 4 INCH BY 4 INCH CONCRETE
MONUMENT LOCATED AT THE SOUTH WEST RIGHT-OF-WAY
INTERSECTION OF TRIMBLE STREET AND NORTH 29TH STREET AND ALSO
BEING THE NORTH WEST CORNER OF THIS HEREIN DESCRIBED 0.477
ACRE TRACT AND THE POINT OF BEGINNING;
THENCE ALONG AND WITH THE NORTH RIGHT-OF-WAY LINE OF TRIMBLE
STREET,
NORTH 64 DEGREES 59 MINUTES 19 SECONDS EAST, A DISTANCE OF
60.00 FEET TO A %" INCH BY 24 INCH IRON PIN AND CAP #3732 SET AND
LOCATED AT THE SOUTH EAST RIGHT-OF-WAY INTERSECTION OF
TRIMBLE STREET AND NORTH 29TH STREET AND B-1NG THE NORTH EAST
CORNER OF THIS HEREIN DESCRIBED 0.477 ACRE TRACT;
THENCE ALONG AND WITH THE EAST RIGHT-OF-WAY LINE OF NORTH
29TH STREET,
SOUTH 25 DEGREES 00 MINUTES 41 SECONDS EAST, A DISTANCE OF
346.50' FEET TO A 112 " INCH BY 24 INCH IRON PIN AND CAP 43732 SET
AND LYING AT THE NORTH EAST RIGHT-OF-WAY INTERSECTION OF CLAY
STREET AND NORTH 29TH STREET AND BEING THE SOUTH EAST CORNER
OF THIS HEREIN DESCRIBED 0.477 ACRE TRACT;
THENCE ALONG AND WITH THE NORTH RIGHT-OF-WAY LINE OF CLAY
STREET, SOUTH 64 DEGREES 59 MINUTES 19 SECONDS WEST, A
DISTANCE OF 60.00 FEET TO A'/z "INCH BY 24 INCH IRON PIN AND CAP
#3732 SET AND LYING AT THE NORTH WEST RIGHT-OF-WAY
INTERSECTION OF CLAY STREET AND NORTH 29TH STREET AND BEING
THE SOUTH WEST CORNER OF THIS HEREIN DESCRIBED 0.477 ACRE
TRACT;
THENCE ALONG AND WITH THE WEST RIGHT-OF-WAY LINE OF NORTH
29TH STREET, NORTH 25 DEGREES 00 MINUTES 41 SECONDS WEST, A
DISTANCE OF 346.50' FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED 0.477 ACRE TRACT OF LAND BEING A PORTION
OF NORTH 29TH STREET DEDICATED TO THE CITY OF PADUCAH BY PLAT
OF THE CALDWELL — MALLORY ADDITION TO THE CITY OF PADUCAH
RECORDED IN PLAT SECTION "A", PAGE 288 & 289 ON MAY 17, 1937 AND
BEING THE UN -DEVELOPED PORTION OF NORTH 29 STREET THAT LIES
BETWEEN TRIMBLE STREET AND CLAY STREET.
THE ABOVE DESCRIPTION IS BASED ON A SURVEY CONDUCTED BY
SITEWORX SURVEY AND DESIGN LLC
A PORTION OF NORTH 291" STREET BET�PVEEN
CLAY STREET & HARRISON STREET
BEING A 0.477 ACRE TRACT OF LAND LYING WITHIN THE CITY LIMITS OF
PADUCAH, KY,
McCRACKEN COUNTY AND BEING A PORTION OF AN UN -DEVELOPED
SECTION OF NORTH 29`" STREET LYING BETWEEN CLAY STREET AND
HARRISON STREET AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING FROM A POINT, SAID POINT BEING A REFERENCE POINT
LOCATED IN THE CENTERLINE OF HARRISON STREET AND BEING 955.00
FEET EASTERLY FROM THE CENTERLINE INTERSECTION OF HARRISON
STREET AND NORTH 30TH STREET;
THENCE NORTH 25 DEGREES 00 MINUTES 41 SECONDS WEST, A
DISTANCE OF 33.00 FEET TO A'/2 INCH BY 24 INCH IRON PIN AND CAP
#3732 SET AND LOCATED AT THE NORTH EAST RIGHT-OF-WAY
INTERSECTION OF HARRISON STREET AND NORTh-I 29TH STREET AND
ALSO BEING THE SOUTH EAST CORNER OF THIS HEREIN DESCRIBED
0.477 ACRE TRACT AND THE POINT OF BEGINNING;
THENCE ALONG AND WITH THE NORTH RIGHT-OF-WAY LINE OF
HARRISON STREET,
SOUTH 64 DEGREES 59 MINUTES 19 SECONDS WEST, A DISTANCE OF
60.00 FEET TO A'/2" INCH BY 24 INCH IRON PIN AND CAP #3732 SET AND
LOCATED AT THE NORTH WEST RIGHT-OF-WAY INTERSECTION OF
HARRISON STREET AND NORTH 29TH STREET AND 13EING THE SOUTH
WEST CORNER OF THIS HEREIN DESCRIBED 0.477 ACRE TRACT;
THENCE ALONG AND WITH THE WEST RIGHT-OF-WAY LINE OF NORTH
29TH STREET,
NORTH 25 DEGREES 00 MINUTES 41 SECONDS WEST, A DISTANCE OF
346.50' FEET TO A'/z INCH BY 24 INCH IRON PIN AND CAP #3732 SET AND
LYING AT THE SOUTH WEST RIGHT-OF-WAY INTERSECTION OF CLAY
STREET AND NORTH 29TH STREET AND BEING THE NORTH WEST
CORNER OF THIS HEREIN DESCRIBED 0.477 ACRETRACT;
THENCE ALONG AND WITH THE SOUTH RIGHT-OF-WAY LINE OF CLAY
STREET, NORTH 64 DEGREES 59 MINUTES 19 SECONDS EAST, A
DISTANCE OF 60.00 FEET TO A'/z INCH BY 24 INCH IRON PIN AND CAP
#3732 SET AND LYING AT THE SOUTH EAST RIGHT-OF-WAY
INTERSECTION OF CLAY STREET AND NORTH 29" STREET AND BEING
THE NORTH EAST CORNER OF THIS HEREIN DESCRIBED 0.477 ACRE
TRACT;
THENCE ALONG AND WITH THE EAST RIGHT-OF-WAY LINE OF NORTH
29TH STREET, SOUTH 25 DEGREES 00 MINUTES 41 SECONDS EAST, A
DISTANCE OF 346.50' FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED 0.477 ACRE TRACT OF LAND BEING A PORTION
OF NORTH 29TH STREET DEDICATED TO THE CITY OF PADUCAH BY PLAT
OF THE CALDWELL — MALLORY ADDITION TO THE CITY OF PADUCAH
RECORDED IN PLAT SECTION "A", PAGE 288 & 289 ON MAY 17, 1937 AND
BEING THE UN -DEVELOPED PORTION OF NORTH 29" STREET THAT LIES
BETWEEN HARRISON STREET AND CLAY STREET,
THE ABOVE DESCRIPTION IS BASED ON A SURVEY CONDUCTED BY
SITEWORX SURVEY AND DESIGN LLC
SECTION 2. In support of its decision to close the aforesaid public way, the Board
of Commissioners hereby makes the following findings of fact:
Linn Grove Properties, LLC is the owner of property abutting the public way
which the Board of Commissioners has authorized to be closed as is evidenced by the application for
street and/or alley closing which is attached hereto and made part hereof.
b. On the 15th day of August, 2016, the Paducah Planning Commission of the
City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of
the City of Paducah closure of the aforesaid public way.
Written notice of the proposed closing was given to all property owners in or
abutting the public way or the portion thereof being closed as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof.
d. At] property owners in or abutting the public way or the portion thereof being
closed have given their written notarized consent to the closing as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof.
SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the
Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as
described above, should be closed in accordance with the provisions of KRS 82.405.
SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute a
quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way
to be closed with each to acquire title to that portion of the public way contiguous to the property
now owned by said property owners up to center line of the said public way. Provided, however, that
the City shall reserve such easements upon the above described real property as it deems necessary.
Said deed shall provide the reservation by the City of Paducah any easements affecting the herein
described real property as described in Section 1 above.
SECTION 5_ This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to ICRS Chapter 424.
ATTEST:
Tammara S. Sanderson, City Clerk
Mayor
Introduced by the Board of Commissioners, September 6, 2016
Adopted by the Board of Commissioners, September 13, 2016
Recorded by Tammara S. Sanderson, City Clerk, September 13, 2016
Published by The Paducah Sun,
\ord\eng\st closeA291a & Harrison
CERTIFICATION
I, Tammara S. Sanderson, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah,
Kentucky and that the foregoing is a full, true and correct copy of Ordinance No. 2016-9- adopted by the
Board of Commissioners of the City of Paducah at a meeting held on September 13, 2016,
City Clerk
Agenda Action Form
Paducah City Commission
Meeting Date: September 6, 2016
Short Title: Closure of Yopp Street
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolutioa ❑ Motion
Staff Work By: Angela Weeks, Engr Proj Mgr
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Backgrotuzd Information:
The adjacent property owner, T & S Properties, LLC, has subrrdtted an executed application
requesting that Yopp Street located between 3220 and 3300 Wayne Sullivan Drive be closed.
On August 22, 2416, the Planning Commission held_ a Public Hearing and has made a positive
recommendation to the City Commission for this closure. All of the utility companies have
agreed to this closure. As shown on the Street Closure Plat, a 40 foot Floodwall right of entry
easement has been established to the City of Paducah and a 20 foot water utility easement has
been established for Paducah Water.
Goal: ❑Strong Economy ❑Quality Services ZVItal Neighborhoods ❑Restored DOGvDt0lvns
Funds Available: Account Name: NIA
Account Number: Finance
Staff Recommendation:
To adopt an ordinance authorizing the closing of Yopp Street and authorizing the Mayor to
execute the closure plat and all necessary documents to complete the transfer of property to the
adjacent property owner; and establishing a 40 foot Floodwall right of entry easement to the
City of Paducah and a 20 foot water utility easement to Paducah. Water.
Attachments;
Original Street Closure Application, Proposed Closure Plat, public Hearing Notice, Planning
Commission Resolution
YY
�/(
De%%//pa ent H d
City Cterk
Cit`j�yr{,M,//a{nagyo
ORDNANCE NO. 2016 -9 -
AN ORDINANCE PROVIDING FOR THE CLOSING OF YOPP STREET
BETWEEN 3220 AND 3300 WAYNE SULLIVAN DRIVE, AND AUTHORIZING THE MAYOR
TO EXECUTE ALL DOCUMENTS RELATING TO SAME
BE, f"I' ORDANED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of Yopp
Street between 3220 and 3300 Wayne Sullivan Drive as follows:
Lying on the Northeasterly side of Wayne Sullivan Drive and being Yopp Street as
shown on Revised Plat of Yopp-Roof Industrial Park and John W. Keiler II
property recorded in Plat Section "G", page 219, McCracken County Court Clerks
office and being in the City of Paducah, McCracken County, Kentucky and more
particularly bounded and described as follows to wit:
Beginning at an existing ''/2" rebar with cap no. 1955 in the Northeasterly right-of-
way line of Wayne Sullivan Drive at its intersection with, the Northerly right-of-way
line of Yopp Street as shown on Revised Plat of Yopp-Roof Industrial Park and
John W. Keiler Il property recorded in Plat Section "G", page 219; THENCE
FROM SAID POINT OF BEGINNING N 49°19'37" E with the Northerly right-of-
way line of said Yopp Street 482.67 feet to an existing Y2" rebar with cap no. 1955
at its Northeasterly corner thereof and in the Southwesterly right-of-way of the
City of Paducah Floodwall per Deed Book 200, page 83; thence S 40°07'38" E
with the Southwesterly right-of-way of said City of Paducah Floodwall 60.00 feet
to an existing '/2" rebar with cap (Tosh) at the Southeasterly end of said Yopp
Street; thence S 49°19'37" W with the Southerly right-of-way line of said Yopp
Street 482.10 feet to a point in the Northeasterly right-of-way line of aforesaid
Wayne Sullivan Drive; thence N 40040'23" W with the Northeasterly right-of-way
line of said Wayne Sullivan Drive 60.00 feet to the Point of Beginning and
containing 28,942 square feet as shown on Plat of Yopp Street Closing prepared
by Hunter Martin & Associates, Inc. dated July 21, 2016.
The above legal description was written by Rod H. Marvin, Kentucky Licensed
Professional Land Surveyor, on the 22 t day of August, 2016, and is correct to
the best of my knowledge and belief.
Kentucky Licensed Professional Land Surveyor No 2105
SECTION 2. In support of its decision to close the aforesaid public way, the Board
of Commissioners hereby makes the following findings of fact:
T & S Properties, LLC is the owner of propc:-ty abutting the public way
which the Board of Commissioners has authorized to be closed as is evidenced by the application for
street and/or alley closing which is attached hereto and made part hereof.
On the 22nd day of August, 2016, the Paduc,Jh Planning Commission of the
City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of
the City of Paducah closure of the aforesaid public way.
Written notice of the proposed closing was given to all property owners in or
abutting the public way or the portion thereof being closed as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof.
d. A I I property owners in or abutting the public way or the portion thereof being
closed have given their written notarized consent to the closing as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof.
SECTION 3. All requirements of KRS 52.405(1) and (2) having been met, the
Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as
described above, should be closed in accordance with the provisions of KRS 82.405.
SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute a
quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way
to be closed with each to acquire title to that portion of the public way contiguous to the property
now owned by said property owners up to center line of the said public way. Provided, however, that
the City shall reserve such easements upon the above described real property as it deems necessary.
Said deed shall provide the reservation by the City of Paducah any easements affecting the herein
described real property as described in Section 1 above.
SECTION 5. 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, City Clerk
Mayor
Introduced by the Board of Commissioners, September 6, 2016
Adopted by the Board of Commissioners, September 13, 2016
Recorded by Tamnara S. Sanderson, City Clerk, September 13, 2016
Published by The Paducah Sun,
lordlenglst close\Yopp
CERTIFICATION
1, Tamara S. Sanderson, hereby certify that I. am the duly qualified and acting Clerk of the City of Paducah,
Kentucky and that the foregoing is a full, hue and correct copy of Ordinance No. 2016-9- adopted by the
Board of Commissioners of the City of Paducah at a meeting held on September 13, 2016.
City Clerk
r 1__ "
7
CITY OF PADUCAH, KENTUCKY
PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION
Date: I - 1.,1
Application is hereby made to the Mayor and
\Board of Commissioners for the closing of:
Public flight -of -Way:
Included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a Plat showing the
Public Right -of -Way to be closed. This Application indicating consent of the Public Right -of -Way closure, has been
signed and notarized by all real property owners whose land adjoins the portion of Public Right -of -Way proposed to be
closed. If the application is not signed by all adjoining real property owners, the "Public Right -of -Way Closure
Guarantee" must be attached.
Shannon Pace
Respectfully submitted by all adjoining property owners: Notary Public ID No, 5x4472
State at Large, Kentucky
My Commiss*, EgAM Nov. 7, 2417
rva�+••+m�•r� �tar+wrw-*
STATE OF KENTUCKY
COUNTY OF MCCRACKEN )
tuX.i( The foregoing instrument was sworn to and acknowledged
Signature of Property Owner before me this c2a day of I 201r?,
1 byIz�i1�i0,ro cL r
Property Owner's Name Printed My Commiss, expires 11 n l
o o x ooh �1, ,1��. a/
Address Notary Public, State at Large
SEAL
STATE OF KENTUCKY
COUNTY OF MCCRACKEN
The foregoing instrurr,ent was sworn to and acknowledged
Signature of Property Owner before me this day of , 20
by
Property Owner's Name Printed My Commission expires
Address
Notary Public, State at Large
SEAL
c 3 MR''.
1 BR apt., elec.,
1 I I water, sewer, Inter-
net, cable, security
111 system & yard
W TOP mowing all in-
sets NEW cluded, $800. mo.
�ueen$195, 816-7039.
Kine, $385 1 BR, good quiet
1 4121 can location, water pd.
Tcdan"rake No pets S440mo
Tody 554-02111217-5890
2 bdrm., 1.5 bath,
cable & WiFi
NSPAPER No Pets, $700
3E YDURs 270-8911-7146
Y DAYI 2br. 1.5 Ba. $550
iter gift to
itself or a 2j0-554 2287
;nd. Upscale 2 BR apt.
Paducah Over looking TN
.Istomer River. $850 mo.
Dept for 501-454-9564
575-8800
599-1771. REIOLAND: 1 BR,
$450.3 br duplex
$695. No Pets,
270 898-2256.
MM
1' ' 2001 Sth 25th
Nice 3bdrm 1.5 bth
& garage 442-1276
a'
Eddyville, 1057 St.
Rt. 730, 3 bdrm.,
UD 2 bath, $490 mo.
SHER'S Consider rent to
TICE own. 270-929-6095
I estate i 1
ed herein I 1
!ct to the
-al Fair 3 BR, 2 B w1gar-
Actwhich age, Reidland.
: illegal to 908.9860
ise any l i
rence, l
ions, or f
lination 16x80 2 &'3 or
on race, 2 ba, refs., + dep.
igion, sex,
p, familial270-8513711
r national 213R 1$A WID No pets
- intention Lone Oak $495+Dep
any such 270-534-9087
enoes,
ions or
enation.
ws forbid
nation inMW
rental or
ng of real
used on SEEING is believ-
iaddition ing! Don't buy
protected property based on
deral law. pictures or repres-
vili not entations- For free
ily accept information about
irtisingfor avoiding time -
:e which is share and real es -
ion of the tate scams, write
persons the Federal Trade
ereby Commission at
d that all Washington, DC
Ilings 20580 or call the
sed are National Fraud in -
le on an formation Center,
sporlunity 1-800-876-7060.
sm. —
GOVERNMENT
WILDLIFE JOBS!
Great Pay and
Benefits. No
Experience
Necessary. The
ticket to a dream
job might really be
a scam. To protect
yourself, call the
Federal Trade
Commission
toll-free,
1 -877 -FTC -HELP,
or visit www.ftc.gov
A public service
message from The
Paducah Sun and
the FTC.
SOME. ads in this
classification are
not necessarily for
"help wanted" but
for employment in-
formation booklets.
Notice Of Intent To
Sale 2001 Honda
Motorcycle
V T 1 1 C 2
1HFSC43051A100
440 for storage in
the amount of
$ 1 7 5 0 .
autonet.com 622
South 6th St Padu-
cah Ky. Sale By
Sept: 1, 2016 From
Justin Peck 225
rouff dr Paducah
NOTICE OF
PUBLIC HEARING
PADUCAH
PLANNING
COMMISSION
On Monday,
August 22n, 2016
at 5:30 PM in the
Commission
Chambers of City
Hall, the under-
signed board will
hold a public hear-
ing on a proposed
closing of a
portion of Yopp
Street located
between Wayne
Sullivan Drive and
the City of Padu-
cah Floodwall.
Any interested
party may appear
and be heard.
Inquires may be
made to
(270)444-8690
PADUCAH
PLANNING
COMMISSION
Cathy Crecelius,
Chairwoman
NOTICE OF
PUBLIC HEARING
ZONING CHANGE
Northwest Corner
of KY Hwy. 131
and Tyree Road
On Wednesday,
August 24, 2016 at
approximately 1:30
p:m. at the Mc-
Cracken County
Emergency Man-
agement Complex,
3700 Coleman
Road, Paducah,
KY, a public hear-
ing will be conduc-
ted on the applica-
tion to change the
zoning of property
located at the
northwest corner of
KY Hwy. 131 and
Tyree Road from
Urban Residen-
tiaf (ORI to Com-
mercial (C). All in-
terested parties
may appear and be
heard. Cali (270)
444-4707 for more
information.
Wayne Elliott
Chairman
McCracken County
Planning
Commission
�1�'F�GIUf'rt•r �u•�-
Notice Of Hearing
The Paducah Independent Board of Education will 1 -
public
public hearing in the Central Office board room, 800
well Street, Paducah, KY on August 30, at 4 p.m. tc
public comments regarding a proposed general fufl
levy of 79.S cents on feat property and 79.9 cents 01
sonal properly.
The General Fund tax levied in fiscal year 2016 w,
cents on real property and 80 cents on personal prc
and produced revenue of $7,629,235.62. The prof
General Fund tax rate of 79-9 cents on real propert
79.9 cents on personal property is expected to pr(
$8,241,895-00. Of this amount $185,675.00 is frorr
and personal property. The compensating tax for 2(
78.1 cents art real property and 78.1 cents on per
property and is expected to produce $8,056,223.0
The general. areas to whirr revenue of $185,675-00
2016 fevenues to be allocated are as follows: Cost c
lections, $10,000; building fund, $15,000; insiru
$110,675; transportation, $25,000; and maintenan
Plant, $25,W0 -
The General Assembly has required publication of th
verbsement aro inforrnatlon c4ntaired herein.
Coupons _
yr 4 Utz �{i'I
1__ t� r Pi. f 3_ �
Keep your hr! 1�
campsite
UnsaarnblEl
one letter
roeasSS.iar,uS.AA.� .14a_5705 to formlol
St!dit is a number pl_cirg punle based on a 9x9 grid+a lh
several gOeenempty
n quit s The object Is place the umn and 1 Io
SUDOKU4 0, the empty squares so that each raw, eadr co'.umn and eat
3a 3 lnr o rg U� usre nrsr�2 ordy cx ce T.hg y Iiavd
Cf lice Cbcm* &4d N increases iron kbndRy to svyxw2 .
Got'Icejpkt5 SudoKu By Dave C=11
r7T-n 1 _-°f 4
Agenda Action Forni
Paducah City Commission
�betiirg Date: September 6, 2016
Shout Title: Purchase of Solid Waste Dumpsters for the FY2016-2017 from
Municipal Equipment, Inc., Utilizing the Kentucky Shale Contract
®Ordinance ❑ Emergency ❑❑ Municipal Order ❑ RcsolutiDa L] \lotion
Staff Work By: Chris Yarber, Asst. Director Prublic'<VQrks
Pam Souder, Admin. Asst. III
Presentation By: Rick Murphy, P.E., City Engineer-Niblic Works Director
Background Information:
Municipal Equipment, Inc. is the current Vendor listed on the 03mmonwealth of Kentucky's
Contract for the purchase of solid waste dumpsters. The Engineering -Public Works
Department, Solid Waste Division is in need of new dumpsters to be utilized by commercial
businesses within the City and would like to utilize the existing Kentucky State Contract for
this purchase. Every year, an amount is allocated toward dumpster purchases in the annual
commercial refuse replacement budget, Therefore, we are requesting authorization to order
the required dumpsters along with additional replacement parts and lids during the 2016-2017
Fiscal Year in an amount not to exceed the budgeted amount of 70,000. The Kentucky
Master Agreement number is MA -758-1600000557-1,
Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns
r
Funds Available: Account Name: Solid Waste. Fund �
0)k
Non Rolling Stock -Equipment Other P�,Fi n Z
Account Number: 050-2210-531-4219
Staff Recommendation:
To adopt an Ordinance authorizing the purchase of Solid Waste Dumpsters for the FY2016-
2017 utilizing the Kentucky state contract price from Municipal Equipment, Inc., in an
amount not to exceed $70,000.00.
Attachments:
KY Master Agreement
ORDNANCE NO. 2016 -9 -
AN ORDINANCE AUTHORIZING THE PURCHASE OF DUMPSTERS, LIDS
AND REPLACEMENT PARTS FOR FY2016-2017 FOR UTILIZATION BY COMMERCIAL
BUSINESSES WITHIN THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR SAME
WHEREAS, this equipment is available under Slate Contract No. MA -758-
1600000557-1 and competitive bidding is not required,
BE IT ORDANED BY THE CITY OF PADUCAH, KENTUCKY:
SECTIN 1. That the Finance Director is authorized to pay an amount not to
exceed $70,000 for FY2016-2017 to Municipal Equipment, Inc,, for the purchase of various
sized dumpsters, lids and replacement parts for the Solid Waste Division of Engineering -Public
Works.
SECTION 2. The Mayor is hereby authorized 10 execute a contract with
Municipal Equipment, for the purchase of various sized dumpsters, lids and replacement parts
authorized in Section 1 above.
SECTION 3. This expenditure shall be charged to Solid Waste Fund -Non Rolling
Stock -Equipment Other, account number 050-2210-531-4219.
SECTION 4. This Ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter424.
Mayor
ATTEST:
Tarnmara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, September 6, 2016
Adopted by the Board of Commissioners, September 13, 2016
Recorded by Tarnmara S. Sanderson, City Clerk, September 13, 2016
Published by The Paducah Sun,
lordlpworksldumpsters 9-2016
uoc Irk No: MA 758 1600000557 version 1 Page: 1 of 3
�, '.
Commonwealth of Kentucky
Uh'8RIDLED - PiRr'r. I
lig Si'S 4 - may..-- ✓3• �yakc`-.�' ••.!3L'.T� .s F:' ! c� .- _ �. �M1i` p. .�ti,,=,�
tn-,escfi"tto tixr livoryt3as�:. cEtiiaJttt'��..r?ai.Y�. o-'ri AF eww'�,
-ut•i°b....� _ - - ��.•-_ .va:s�_rka. ii�,15-Ue -x,� :rn'1.4
1 Recycling Equipment, Machines, 0 tz 0.00 0.00000 0.00 0.00
Extended Description
The Commonwealth issues this Master Agreement for Recycling Equipment and Supplies from Municipal Equipment, Inc..
Various products from the following manufacturer lines are offered through this contract: Otto Recycling, Perkins Cart Lifts, Baker Waste Equipment, Shaefer
Waste Technology, Wastequip, Marathon Nexgen, Labrie, Leach, Nevi Way, Wayne, PaoMac,Elgin, GVM.
Commonwealth state agencies may access the discount percentage catalog available in eMars.
All other interested parties may obtain applicable discount percentages by contacting either
Vendor POC:
Municipal Equipment
Mike Cortef!
502-962-9527
mequip@iglou.com
Cil
Buyer of Record
Don Robinson, CPPO, CPPB
502-564-6525
DonE.Robinson@ky.gov
NOTE:
Shipments are to be FOB destination. f=reight is to be based on actuals and is to be prepaid and added to invoice. A copy of freight bill of other document
verifying freight ! delivery charges must accompany each invoice.
- �Y�
ffln �
MASTER AGREEMENT
W4
haw Doc ID number on all packages,
invoices and correspondence,
oc €iescription: Recycling Equipment and Supplies
oc {D No: MA 758 1600000557 1 Proc Folder:
4109927
rocurement Type: Standard Goods Record Date:
Effective Date: 12104/2015 Expiration Date:
12103/20/6
Issued By: DONALD ROBINSON Cited Authority:
FAP111-35-00-G
elephone:
MUNICIPAL EQUIPMENT INC
6305 OLD SHEPHERDSVILLE
LOUISVILLE ICY 40228
x=:
US
lig Si'S 4 - may..-- ✓3• �yakc`-.�' ••.!3L'.T� .s F:' ! c� .- _ �. �M1i` p. .�ti,,=,�
tn-,escfi"tto tixr livoryt3as�:. cEtiiaJttt'��..r?ai.Y�. o-'ri AF eww'�,
-ut•i°b....� _ - - ��.•-_ .va:s�_rka. ii�,15-Ue -x,� :rn'1.4
1 Recycling Equipment, Machines, 0 tz 0.00 0.00000 0.00 0.00
Extended Description
The Commonwealth issues this Master Agreement for Recycling Equipment and Supplies from Municipal Equipment, Inc..
Various products from the following manufacturer lines are offered through this contract: Otto Recycling, Perkins Cart Lifts, Baker Waste Equipment, Shaefer
Waste Technology, Wastequip, Marathon Nexgen, Labrie, Leach, Nevi Way, Wayne, PaoMac,Elgin, GVM.
Commonwealth state agencies may access the discount percentage catalog available in eMars.
All other interested parties may obtain applicable discount percentages by contacting either
Vendor POC:
Municipal Equipment
Mike Cortef!
502-962-9527
mequip@iglou.com
Cil
Buyer of Record
Don Robinson, CPPO, CPPB
502-564-6525
DonE.Robinson@ky.gov
NOTE:
Shipments are to be FOB destination. f=reight is to be based on actuals and is to be prepaid and added to invoice. A copy of freight bill of other document
verifying freight ! delivery charges must accompany each invoice.
Doc ID No: MA 758 1600000557 ____ version 1 Page: 2 of 2
}'#kalOzaelitioi.% 0,00
Document Phase Document Description Page 3
1600000557 Final Recycling Equipinent and Supplies of 3
See "Attachment A" for Terms and Conditions. The terms and conditions set out in "Attachment A" are
incorporated uito and are a part of the Contract.
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Agenda Action Form
Paducah City Commission
INleeting Date: September 6, 2016
Short Title: Purchase of Solid Waste Roll Outs Containers for the FY2016-
2017 from Toter, LLC Utilizing the Kentucky State Contract
Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff' Work By: Chris Yarber, Asst. Director Public Works
Pani Sotider, Admin. Asst. III
Presentation By: Rick IMiuphy, P.E., City Engineei-Public Works Director
Background Information:
Toter, LLC, is the current Vendor listed on the Commonwealtlr sof Kentucky's Contract for
the purchase of solid waste roll out containers. The Engincering !Public Works Department,
Solid Waste Division is in need of new roll out containers to be utilized by residential
customers within the City and would like to utilize the existing Kentucky State Contract for
this purchase. Every year, an amount is allocated toward roll outcontainer purchases in the
annual residential refuse replacement budget. Therefore, we are requesting authorization to
order the required roll outs along with additional replacement parts and lids during the 2016-
2017 Fiscal Year in an amount not to exceed the budgeted araotttrt of $60,000. The Kentucky
Master Agreement number is MA -758-1600000561-2.
Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns
Funds Available: Account Name: Solid Waste Fund - 9 dpi
Non Rolling Stock -Equipment Other rnanc
Account Number: 050-2209-531-4219
Staff Recommendation:
To adopt an Ordinance authorizing the purchase of Solid Waste Dumpsters for the FY2016-
2017 utilizing the Kentucky state contract price from Toter, LLC, in an amount not to exceed
$60,000.00.
Attachments:
KY Master Agreement
ORDINANCE NO. 2016 -9 -
AN ORDNANCE AUTHORIZING THE PURCHASE OF ROLL-OUT CONTAINERS,
LIDS AND ADDITIONAL RE, PARTS FROM TOTER, INC., FOR THE
ENGINEERING -PUBLIC WORKS SOLID WASTE DIVISION
WHEREAS, the Engineering -Public Works Solid Waste Division is in need of new 96 -
gallon roll-out solid waste containers for distribution to the citizens of Paducah as required for solid waste
pick-up; and
WHEREAS, this equipment is available under State of Kentucky Master Agreement
Number MA 758-1600000561-2, and, therefore, competitive bidding is not required; and
WHEREAS, in order to allow the purchase for additional roll -outs, lids and replacement
parts as necessary throughout the fiscal year, the Solid Waste Division is requesting that authorization be
given to allow purchases in an amount not to exceed $60,000.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY;
SECTION 1. That the City of Paducah hereby authorizes the Finance Director to make
payment to Toter, Inc., for the purchase of roll-out refuse containers, lids and replacement parts for the
2016-2017 fiscal year, in an amount not to exceed the City's budgeted amount of $60,000. These
containers and accessories will be used by customers within the City limits of Paducah served by the
Solid Waste Division, Engineering -Public Works Department. This purchase is made in compliance with
the Kentucky State Purchasing Contract.
SECTION 2. This expenditure shall be charged to the Solid Waste Fund —Non Rolling
Stock -Equipment Other, account number 050-2209-531-4219.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST;
Tatmnara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, September 6, 20 16
Adopted by the Board of Commissioners, September 13, 2016
Recorded by Tammara S. Sanderson, City Clerk, September 13, 2016
Published by The Paducah Sun,
lordlpworkslrefuse-rollout containers 2016
Doc [D No: MA 758 1600000561 version 2 Page: I of 3
Commonwealth of Kentucky
Reason For Modification: Mod is issued to correct Vendor's Contact phone # in extended descfiption and T & C.
Toter, LLC
Stringfellow, Inc.
its' 841 Meacham Road
V�,.4
U
Statesville NC 28677
XUS
Stringfellow, Inc.
'E,
j
9053 Fern Creek Rd,
Ij'
Louisville KY 40291
US
It
I Recycling Equipment, Machines, and 0 0.00 0,00000 0.00 0.00
Supplies
Extended Description
'The Commonwealth issues [his Master Agreement for Recycling Equipment and Supplies from Toter, LLC
Vanous products from Toter, LLC are offered through this contract:
Commonwealth state agencies may access the discmiril percentage catalog available in emars.
All other interested parties may obtain applicable discount percentages by contacting either:
Vendor POC:
Toter. l -l -C
Sales Dept,
800-424-0422
lolerpo@wastequip.corn
or
Buyer of Record
Don Robinson, CPPD, CPPB
502-564.6525
DonE Robinson@kYLgOV
NOTE:
7
P.
IFAS-I-IIAGREEMENT
MODIFICATION
Show Doc ID number on all packages,
nvolces and correspondence.
Doc Description: Recycling Equipment and Supplies
Doc ID No: MA 758 1600000561 2
Proc Folder:
4109927
Procurement Type: Standard Goods
Record Date;
Effective Date: 12/04/2015
Expiration Date:
1210&2016
Issued By: DONALD ROBINSON
Cited Authority:
FAP111-35-00-G
fe- I e -ph o n e:
Reason For Modification: Mod is issued to correct Vendor's Contact phone # in extended descfiption and T & C.
Toter, LLC
Stringfellow, Inc.
its' 841 Meacham Road
V�,.4
U
Statesville NC 28677
XUS
Stringfellow, Inc.
'E,
j
9053 Fern Creek Rd,
Ij'
Louisville KY 40291
US
It
I Recycling Equipment, Machines, and 0 0.00 0,00000 0.00 0.00
Supplies
Extended Description
'The Commonwealth issues [his Master Agreement for Recycling Equipment and Supplies from Toter, LLC
Vanous products from Toter, LLC are offered through this contract:
Commonwealth state agencies may access the discmiril percentage catalog available in emars.
All other interested parties may obtain applicable discount percentages by contacting either:
Vendor POC:
Toter. l -l -C
Sales Dept,
800-424-0422
lolerpo@wastequip.corn
or
Buyer of Record
Don Robinson, CPPD, CPPB
502-564.6525
DonE Robinson@kYLgOV
NOTE:
Doc ID No; MA 758 1600000561 version 2 Page, 2 of 3
Shipments are to be FOS destination. Freighl is to be based on actuals and is to be prepaid and added to invoice. A copy of freight bill or other document
verifying freight ! delivery charges must accompany each invoice,
",7ote[Or erArriourit '.� O,00
Document Phasa
1600000561
Document Description
Fecyclinq Eauinment and Supplies
See "Attachment A" For Terms and Conditions. The terms and conditions set out in "Attachment A" are
incorporated into and are a part of the Conmict.
Page 3
Agenda Action Form
Paducah City Commission
Meeting Date: September 6, 2016
Short Title: Purchase of 10 (ten) Police Pursuit Rated StN's for the Police
Department
®Ordinance ❑ Emergency 0 Municipal Order [] Resoluiioi} L7 Motion
Staff Work By: Randy Crouch, EPW Maintenance Supt.
Dena Alexander, EPW Admin Asst. llt
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Background. Information:
On August 4, 2016, sealed written bids were opened for the purchase of ten (10 PPo_l_ice
Pursuit Rated SUV's to be used by the Police Department. One bid was received rf om
Paducah Ford containing (1) Detective SUV at $ 35,468.00, (6) Patrol SUV's at $35,658,00
each and (3) K-9 SUV's at $36,143.00 for a total price of $357,545.00. In addition, Paducah
Ford agreed to allow the City to purchase up to two a 1ttonal police SUV's in
accordance with the specifications at the unit bid price listed above, in the event the City may
need to purchase additional police SUV's prior to June 30, 2017 due to loss of a SUV. The
delivery time will be 151 days after contract execution.
Goal; []Strong Economy ®Quality Services ❑Vital Neighborhoods []Restored Downtowns
Funds Available: Account Name: Rolling StocklVehicl--s
Fleet Lease Trust Fund F rla ce
Account Number: 071-0210-542-4005
Staff Recommendation:
To receive and file the bid and adopt an Ordinance authorizing the Mayor to execute a
contract with Paducah Ford for the purchase of ten (10) Police Pursuit Rated SUV's for use
by the Police Department in the total amount of $357,845.110 with the option of additional
purchase if needed.
Attachments:
Bids, Bid Tab, Advertisement, Proposed Contract
A
�>
Depart Sent H d City Clerk City Manager
ORDINANCE NO. 2016 -9 -
AN ORDINANCE ACCEPTING T14E BID OF PADU CAH FORD FOR SALE TO THE
CITY OF TEN (10) 2017 POLICE PURSUIT RATED VEHICLES FOIL USE BY THE PADUCAH
POLICE DEPARTMENT; AUTHORJZING THE POSSIBLE ADDITIONAL PURCHASE OF UP TO
TWO ADDITIONAL POLICE VEHICLES PRIOR TO JUNE 30, 2017; AND AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT FOR SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah accepts the bid of Paducah Ford in the total amount
of $357,845.00, for the purchase of ten (10) 2017 Police Pursuit Rated vehicles (SUV's) for use by the
Paducah Police Department; said bid being in substantial compliance witli bid specifications, as
contained in the bid of Paducah Ford on August 4, 2016.
SECTION 2. The City of Paducah hereby approves the purchase of up to two (2)
additional police vehicles at the unit bid price contained in the bid submitted by Paducah Ford dated
August 4, 2016, for use by the Paducah Police Department in the eveni the City may need to purchase
additional vehicles prior to June 30, 2017.
SECTION 3. The Mayor is hereby authorized to execute a contract Nvith Paducah Ford
for the purchase of SUV's, authorized in Section 1 above, according to the specifications, bid proposal,
and all contract documents heretofore approved and incorporated in the bid.
SECTION 3. This purchase shall be charged to the Rolling Stock/Vehicles-Fleet Lease
Trust Fund Account, account number 071-0210-542-4005.
SECTION 4. This ordinance shall be read on two separate days and Nvill become
effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST;
Tamunara S. Sanderson, City Clerk
Introduced by (lie Board of Commissioners, September 6, 2016
Adopted by the Board of Commissioners, September 13, 2016
Recorded by Tammara S. Sanderson, City Clerk, September 13, 2016
Published by The Paducah Sun,
lordlpworkslvehicles -- police -SUV -Paducah ford 9-2016
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AGREEMENT
Page 1 or 1
CITY OF PADUCAH, KENTUCKY
ENGINEERING -PUBLIC WORKS DEPARTMENT
AGREEMENT TO PURCHASE TEN (10) POLICE
PURSUIT RATED SUV'S
THIS AGREEMENT, made this day of __, 20_ by and between the CITY OF
PADUCAH, hereinafter called the OWNER, and hereinafter called the VENDOR,
for the consideration hereinafter named, agrees as follows:
ARTICLE 1. SCOPE OF WORK
The Vendor shall provide TEN (10) POLICE PURSUIT RATED SUV'S to be used by the
Paducah Police Department in full compliance with the Bid Proposal Dated 814116 and with this
Agreement, the Specifications and any Addendum(s) issued.
ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
The Vendor hereby agrees to commence work under this Contract and to fully complete the
delivery of the aforementioned Vehicle(s) within 151 consecutive calendar days thereafter from the date of
this Agreement.
ARTICLE 3. THE CONTRACT SUM
The Owner agrees to pay the Vendor the following, subject to additions and deductions provided
therein: Three Hundred Fifty -Seven Thousand, Eight Hundred Forty -Five Dollars and Zero Cents
($357,845.00) as quoted in the aforementioned Vendor's Bid Proposal and as approved by the Board of
Commissioners on.--- by Ordinance #
ARTICLE 4. PAYMENTS
The Owner will make Payment in full upon satisfactory delivery in accordance with the Contract
Documents and the Specifications. The Payment shall constitute full compensation for the work and
services authorized herein.
ARTICLE 5. GOVERNING LAW
The Parties agree that this Agreement and any legal actions concerning its validity, interpretation
and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further
agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken
County, Kentucky.
ARTICLE 6, THE CONTRACT DOCUMENTS
The Specifications and any addendum that may have been issued are fully a part of this Contract
as if thereto attached or herein repeated.
IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above
written.
VENDOR CITY OF PADUCAH, KENTUCKY
BY BY
TITLE Gayle Kaler, Mayor
ADDRESS: ADDRESS:
Post Office Box 2267
Paducah, KeALicky 42002-2267
M
Agenda Action Form
Paducah City Commission
Meeting Date: 6 September 2016
Short Title: U.S. Department of Homeland Security/FEMA — 2016 Port Security Grant Program
® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: David White, Sheryl Chino
Presentation By: Brandon Barnhill
Background Information: The 2016 Port Security Grant Program (PSGP) directly supports maritime transportation
Infrastructure security activities, PSGP is one tool in the comprehensive set of measures authorized by Congress
and implemented by the U,S. Department of Homeland Security to strengthen the Nation's critical infrastructure
against risks associated with potential terrorist attacks. The City of Paducah was awarded funding through this
program in 2015 for a mobile surveillance camera system.
The Paducah Police Department has been awarded $14,678 for three (3) additional securty cameras to monitor the
Floodwall, There is no match requirement for this grant.
The grant application was approved through municipal order 1901 on April 12, 2016.
Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Account Name:
JAccount
/nGer, Account Number: in
Project Number. PO -0097
Staff Recommendation: Authorize and direct the Mayor to sign all required grant documents and authorize the
Planning Department to accept the grant through the Port Security on-line grant portal.
Attachments: None
Police Chief Ci Clerk City Manager
ORDINANCE NO. 2016 -9 -
AN ORDINANCE AUTHORIZING AND DIRECTING 1 HE MAYOR TO EXECUTE
ALL DOCUMENTS RELATING THERETO WITH THE U.S. DEPARTMENT OF HOMELAND
SECURITY FOR A 2016 PORT SECURITY GRANT AND AUTHORIZING THE PLANNING
DEPARTMENT TO ACCEPT TI4E GRANT THROUGH THE PORT SECURITY ON-LINE PORTAL
WHEREAS, in 2015 the City of Paducah was awarded the 2015 Port Security Grant
through the U.S. Department of Homeland Security for a portable suncillancelcamera system to aid in
providing security of the floodwall and downtown infrastructure; and
WHEREAS, on April 12, 2016, through the approval of Municipal Order 1901, an
application was submitted to the U.S. Department of Homeland Security FEMA Port Security Grant
Program for the City of Paducah for three additional security cameras to monitor the floodwall; and,
WHEREAS, the U,S. Department of Homeland Security has approved the application
and is now ready to award this grant.
BE IT ORDAINED BY THE CITY OF PADUCAH, VENTUCKY:
SECTION? 1. The Mayor is hereby authorized and directed to execute all documents
necessary with the U.S. Department of Homeland Security to obtain a 2016 Port Security Grant in the
amount of $14,678.00 for the purchase of three (3) security cameras to monitor the floodwall, This grant
does not require any local cash or in-kind match.
SECTION 2. The Planning Department is hereby authorized to accept the 2016 Port
Security grant through the Port Security on-line grant portal.
SEC'T'ION 3. This expenditure shall be charged to Project Account 4 PO -0097.
SECTION 4. This ordinance shall be read on two 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, September 6, 2016
Adopted by the Board of Commissioners September , 2016
Recorded by Tarnmara S. Sanderson, City Clerk, September ___, 2015
Published by The Paducah Sun,
lordlpolicelgrant-2016 Port Security-floodwall cameras 9-2016
e -
A�gen.da Action Form
Paducah City Commission
Meeting Date: 6 September 2oi6
Short Title: 2oi6-2017 Kentucky Highway Safety Program
® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: David White; Sheryl Chino
Presentation By: Brandon Barnhill
Background Information. The Kentucky Office of Highway Safety, a division of the Kentucky
Transportation Cabinet, has a competitive, discretionary grant program that offers
reimbursements to police agencies for the salaries and benefits of peace officers working overtime
hours and engaged in specific traffic enforcement activities. The program also offers
reimbursements for specific traffic enforcement related supplies and equipment.
The Paducah Police Department has been awarded a Highway Safety Application for the 2o16-2017
year. This grant will reimburse overtime hours associated with saturation patrols, including fuel
costs, in the amount of $25,460. There is not a match requirement for this grant application. This
grant program does not req ' ma c
The application was originally approved by municipal order 1882 on February 16, 2016.
Goal: ❑ Strong Economy Z Quality Services ❑ Vital Neighborhoods ❑ Restored
Downtowns
Funds Available: Project Title:
Project #: PO -0098 t - , finance
File #:
Acct. #:
Budget:
Source of Funds: Federal Grant, No local match required.
Staff Recommendation: Authorize the Mayor to execute all grant xclated documents.
Attachments: None
De artment Head City Clerk _ City Manager
ORDINANCE NO. 2016 -9 -
AN ORDINANCE RATIFYING THE MAYOR'S EXECUTION OF A 2016-
2017 KENTUCKY HIGHWAY SAFETY PROGRAM REIMBURSEMENT GRANT AWARD
WITH THE KENTUCKY OFFICE OF HIGHWAY SAFETY, A (DIVISION OF THE
KENTUCKY TRANSPORTATION CABINET
WHEREAS, the City of Paducah applied for a 2016!2017 Kentucky Highway
Safety Program Reimbursement Grant, in the amount of $30,888.00, by Municipal Order No.
1882 adopted on February 16, 2016, for the funding of overtime hours for traffic enforcement
activities for the Paducah Police Department; and
WHEREAS, the Kentucky Office of Highway Safety has approved the application
and is now ready to award this grant.
BE IT ORDAINED BY THE CITY OF PADUCAJ-I, KENTUCKY:
SECTION 1. That the City of Paducah ,hereby radFif s the Mayor's execution of a
grant agreement for the 2016-2017 Kentucky Highway Safety Program Reimbursement Grant
Award with the Kentucky Office of Highway Safety, a division of 11m Kentucky Transportation
Cabinet, in the amount of $25,450, for overtime hours associated 'Nrith saturation patrols,
including fuel costs. This program does not require any local cash or in-kind match.
SECTION 2. The fiends shall be credited to project account P00098.
SECTION 3. This ordinance shall be read on two 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 Comnznissioners, September 6, 2016
Adopted by the Board of Commissioners, September , 2016
Recorded by Tammara S. Sanderson, City Clerk, September 2016
Published by The Paducah Sun,
ordlplanlgraittslpolice- 2016-2017 highway safety 9-2016