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Home My WebLink AboutCCMPacket2016-11-01CITY COMMISSION MEETING AGENDA FOR NOVEMBER 1, 2016 5:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PRESENTATION: Enterprise Cities Award for the Fountain Avenue Neighborhood Revitalization — KENTUCKY LEAGUE OF CITIES RECOGNITION: Section 8 Homeowner — D. FUGATE ANNOUNCEMENT: Veteran's Day Parade & Elementari, Essay Winners — M. TOMASALLO I MINUTES II. MOTION A. R & F Documents 111. MUNICIPAL ORDER A. Personnel Actions B. Approve Application for KLC ]Jability Safety Grant — S. ERVIN C. Property Acquisition and Development Agreement — CITY MGR PEDERSON IV. ORDINANCES —ADOPTION A. Greenway Trail Phase IV, Contact for Professional Services with HDR Engineering — S. ERVIN i B. Accept Bid for Fire Department Uniforms — FIRE CHIEF KYLE C. Bulletproof Vest Partnership Gtant Award _ POLICE CHIEF BARN HILL D. Accept Bid for Uniform Contract for Engineering -Public Works and Parks Department — R. MURPHY E. Purchase Two (2) Salt Spreaders for Use By the Street 7 Department — R. MURPHY F, Purchase Three (3) Snow Plows with Accessories — R. MURPHY G. Purchase Two (2) Utility Vehicles to be Used By the Parks Department — R. MURPHY V. ORDINANCES -INTRODUCTION A. Accept 2016 Community Develop)nent Block Grant for Four Rivers Recovery Center (Center Point)— S. ERVIN B. Accept Bid For Health Park Construction of Walkways, Lighting, Community Gardens and l=itness Areas -- M. THOMPSON C. Authorize Finance Director to Nfahe Payment for Architectural & Design Services for Police Department Annex — POLICE CHIEF BARNHILL D. Authorize Payment for Rescue Equipment -- FIRE CHIEF KYLE VI. CITY MANAGER REPORT VIL MAYOR & COMMISSIONER COMMENTS VIII. PUBLIC COMMENTS IX. EXECUTIVE SESSION City of Paducah Section 8 Housing Choice Voucher Program Mortgage Assistance Program November 2015 Danny W. Fugate, Administrator We are pleased to report that the Section 8 Housing Division hasour first homeowner to complete her mortgage agreement. Alvern Olaleye-Black entered into a Section 8 assisted mortgage on a Habitat home ($53, 175) located on N. 12th Street on April 8, 2010. After receiving down -payment funds and a small anonymous donor funds, Habitat has finalized the mortgage completion a couple years earlier than the scheduled mortgage pay-off. The City of Paducah Section 8 Housing program established the mortgage assistance program in 2005 by designating up to 50 housing choice vouchers to be utilized for mortgage assistance, Of note, the Section 8 Housing Program was one of the first Section 8 agencies in the State of Kentucky to utilize the homeownership program in coordination with Habitat back in 2005. At this date, we have an additional 3 families purchasing homes from ?habitat, 12 purchasing homes within the city limits and 3 purchasing in McCracken County. This also includes 3 families that have purchased homes in the Fountain Ave Redevelopment area for a total of 18 total families currently receiving homeownership assistance from the program. We would like to present Alvern with a Certificate of Recognition for becoming the first City of Paducah Section 8 assisted homeowner. Recognize Paducah -McCracken County Habitat for Humanity, (new) Director Brenda Langlois. OCTOBER 25, 2016 At a Regular Meeting of the Board of Commissioners, held on Tuesday, October 25, 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 followling answered to their names: Commissioners Abraham, Gault, Wilson and Mayor Kaler(l). PROCLAMATION Mayor Kaler presented a proclamation declaring October 30, 2016 "Nuclear Defense Workers Remembrance Day." PUBLIC COMMENTS Gary Vander Boegh spoke to the Commission about local nuclear workers' claims. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the lVlinLLtes for the October 11, 2016, City Commission meeting be 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 Abraham, Gault, Wilson and Mayor Kaler (4). MOTION R & F DOCUMENTS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the following documents and bids be received and filed: DOCUMENTS 1. Notice of Cancellation for the Board of Commissioners of the City of Paducah for October 18, 2016 2. Certificates of Liability Insurance a. Powless Contracting, LLC b. Johnston Fire Services, LLC 3. Agreement with M.P. Lawson Construction, LLC for Plumbing Renovation for Paducah Fire Station 42 (ORD 2016-09-8431) 4. Agreement with Altec for purchase of one (1) 2016 Ford F550 Chassis with Altec Model AT37G telescoping aerial device (ORD 2016-10-8436) 5. Barkley Regional Airport Authority Financial Statements for Years ended June 30, 2016 and 2015 BIDS FOR ENGINEERING PUBLIC -WORKS Three (3) Snow Plows, Mounts and Electric Over Hydraulic Controls 1. Primary Ky Fab, LLC x Uniforms for EPW & Parks Department 1. Aramark Uniform Services k Two (2) Stainless Steel Salt Spreaders OCTOBER 25, 2016 1. Primary Ky Fab, LLC * Two (2) Utility Vehicles I. McKeel Equipment* 2. Tapp's Outdoor Equipment 3. FDR Honda BIDS FOR FIRE DEPARTMENT Uniforms for Fire Department 1. Bluegrass Uniforms 2. Siegel's 3. Galls *Denotes recommended bid. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Wilson and Mayor Kaler (4). MUNICIPAL ORDER EMPLOYMENT AGREEMENT FOR POLICE TRAFFIC OFFICER Commissioner Wilson offered motion, seconded by Commissioner Gault, that a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AN EMPLOYN ENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND JOHN TOLLIVERFOR EMPLOYMENT AS POLICE TRAFFIC OFFICER, AND AUTHORIZING THE MA -`OR TO EXECUTE SAME," be adopted. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Wilson and Mayor Kaler (4). M.O. # 1938; BK 9 PERSONNEL ACTIONS Commissioner Abraham offered motion, seconded by Coin missioilQr Gault, that upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. (SEE MUNICIPAL ORDER BOOK) Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Wilson and Mayor Kaler (4). AGREEMENT REGARDING THE CONDITIONAL APPROVAL OF TRANSFER STATION CONSTRUCTION COMPLETION WITH FREF.TiOM WASTE SERVICE, LLC Commissioner Gault offered motion, seconded by Commissioner Abraham, that a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING AND AUI'I IORIZING THE OCTOBER 25, 2016 EXECUTION OF AGREEMENT REGARDING THE CONDITIONAL, APPROVAL OF TRANSFER STATION CONSTRUCTION COMPLETION," be adopted. Adopted upon call of the roll, yeas, Commissioners Abraham, Gaull, Wilson and Mayor Kaler (4). M.O. # 1939; BK 9 ORDINANCE — ADOPTION PURCHASE ONE (1) SIDE ARNI LOADING TRUCK FOR E?'*V-SOLID WASTE DIVISION Commissioner Wilson offered motion, seconded by Commissioner Orault, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF McBRIDE MACK, INC., FOR SALE TO THE CITY OF ONE, NEW 2017 SIDE ARAM LOADING REFUSE COLLECTION TRUCK FOR USE BY THE SOLID WASTE DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This Ordinance is summarized as follows: The City of .Paducah accepts the bid of McBride Mack, Inc., in the amount of $250,620.00, for sale to the City of one, new 2017 side arm loading refuse collection truck, and authorizes the Mayor to execute a contract for same. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Wilson and Mayor Kaler (4). ORD.42016-10-8442; BK 34 ORDINANCES — INTRODUCTION GREENWAY TRAIL PHASE IV, CONTRACT FOR PROFESSIONAL SERVICES WITH HDR ENGINEERING Commissioner Abraham offered motion, seconded by Cornmissioner Gault, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE; OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A SHORT FORM AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR THE GREENWAY TRAIL PHASE 4 PROJECT', AUTHORIZIING THE OPTION FOR CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES FURING THE CONSTRUC'T'ION OF THE PROJECT, AND AUTHORIZING THE EXECUTION OF SAID CONTRACT." This Ordinance is summarized as follows: The City hereby approves a short form agreement with HDR Engineering, Inc., for professional engineering design services for the Greenway Trail Phase 4 project. The City is also authorized to exercise the option for HDR to provide construction administration and inspection services during the construction of the project. Further, the Mayor is authorized to execute said agreement. Total compensation for the engineering design services shall not exceed $53,700; compensation for construction administration and inspection services, if utilized, shall be paid on an hourly as needed basis and shall not exceed $32,000. ACCEPT BID FOR FIRE DEPARTMENT UNIFORMS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINATE ACCEPTING THE BID OF BLUEGRASS UNIFORMS INC., FOR THE PURCHASE OF UNIFORMS FOR FIRE DEPARTMENT EMPLOYEES, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This Ordinance is summarized as follows: The City of Paducah accepts the bid of Bluegrass Uniforms Inc., for uniforms for employees in the Fire Department at the uniform unit prices contained in the bid dated August 5, 2016, for a period of two years beginning upon execution of the OCTOBER 25, 2016 contract, and authorizing the Mayor to execute said contract. Further, the contract may be renewable for an additional two-year term. BULLETPROOF VEST PARTNERSHIP GRANT AWARD Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSABLE GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE U. S. DEPARTMENT OF JUSTICE FORA BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM AWARD." This Ordinance is summarized as follows: The Mayor is hereby authorized to execute a Reimbursable Grant Agre�niiz�nt and all documents relating thereto with the U. S. Department of Justice for a Bulletproof Vest Partnership Grant Program Award in the amount of $7,030 for assistance with purchasing bulletproof vests to be used by the Paducah Police Department. A cash match of $7,030 is required. ACCEPT BID FOR UNIFORM CONTRACT FOR ENGINEERING -PUBLIC WORKS AND PARKS DEPARTMENT Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF ARAMARK UNIFORM SERVICES FOR THE PURCHASE OF UNIFORMS FOR EMPLOYEES IN THE ENGINEERING -PUBLIC WORKS AND PARKS DEPARTMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This Ordinance is summarized as follows: The City of Paducah accepts the bid of Aramark Uniform Services, dated September 20, 2016, and read aloud on September 22, 2016, for the Engineering -Public Works and Parks Department employees for a period of two years, and authorizing the Mayor toexecute a contract for same. Said contract may be renewable for two one-year additional terms. PURCHASE TWO (2) SALT SPREADERS FOR USE BY THE STREET DEPARTMENT Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR SALE TO TI4E CITY OF TWO (2) STAINLESS STEEL SALT SPREADERS TO BE USED BY THE ENGINEERING -PUBLIC WORKS DEPARTMENT/STREET DWISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This Ordinance is summarized as follows: The City of Paducah accepts the bid of KyFab, LLC, in [lie amount of $21,660.00 for safe to the City of two (2) stainless steel salt spreaders, for use by the Street Division of the Engineering -Public Works Department, and authorizes the Mayor to execute a contraa for same. PURCHASE THREE (3) SNOW PLOWS WITH ACCESSORIES Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR SALE TO THE CITY OF THREE (3) SNOW PLOWS, MOUNTS AND ELECTRIC OVER HYDRAULIC CONTROLS TO BE USED BY THE ENGINEERING -PUBLIC WORKS DEPARTMENT/STREET DIVISION, AND AUTHORIZING TfIE MAYOR TO EXECUTE A CONTRACT FOR SAME." This Ordinance is summarized as follwvs: The City of Paducah accepts the bid of KyFab, LLC, in the amount of $24,291.00, for sale to the City of three (3) snow plows, mounts and electric over hydraulic controls, for use by the Street Division of the Engineering -Public Works Department, and authorizes the Mayor to execute a contract for same. OCTOBER 25, 2016 PURCHASE TWO (2) UTILITY VEHICLES TO BE USED BY THE PARKS DEPARTMENT Commissioner Abraham offered motion, seconded by Commissior%,-r Gault, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINAN(T ACCEPTING THE BID FOR SALE TO THE CITY OF TWO (2) UTILITY VEHICLES FOR USE IN THE PARKS DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This Ordinance is summarized as follows: The City of Paducah accepts the bid of McKeel Equipment Co., Inc., in the total amount of $28,269.82, for the purchase of two (2) utility vehicles for use in the Parks Department, and authorizes the Mayor to execute a contract for same. CITY MANAGER REPORT City Manager Pederson announced that bids came in for the Health Park Project and that some were within budget. The City Manager thanked freedom Waste for their responsiveness. He mentioned that the Engineering Public -Works Department has been short-staffed the last few weeks and has fallen behind on weekly brush pick-up. He suggested that the Commission kook into whether or not the brush pick-up system needs to be a weekly process in the future. Pam Spencer was asked to show the new Paducah View Episode regarding the Paducah 911 KELP Accreditation. Rick Murphy gave a capital projects update. He mentioned that the kibbon Cutting for the Olivet Church Road Project will be Thursday, November 3 a at 11:00AM.'I he Riverfront Redevelopment project is moving forward. They are currently putting topsoil on th4 great lawn area, installing lights, and installing utilities to service the dock. ADOPTED: November 1, 2016 City Clerk Mayor NOVEMBER 1, 2016 I move that the following documents and bids be received and filed: DOCUMENTS I . Agreement with McBride Mack Sales, Inc. for purchase Df Side Arm Loader Refuse Truck for Solid Waste Division (ORD # 2016-10-8442) 2. Phase II and Final Phase Note Extension Agreement and A ddendum to Real Estate Mortgage with GPEDC (ORD # 2016-09-8426) 3. Agreement with Freedom Waste Service regarding the Conditional Approval of Transfer Station Construction Completion (MO # 1939) 4. Employment Agreement with John R. Tolliver (MO # 1938) 5. Paducah Water Works Financial Highlights for September 2016 6. City of Paducah Police and firefighters Pension Fund Valaation and Actuarial Report as of July 2016 7. Lower Town Arts & Music Festival Income and Expenses Summary 2016 BIDS FOR PARKS DEPARTMENT Paducah Health Park -- Phase 1 1. Wilkins Construction Company* 2. Harper Construction; LLC 3. A & K Construction, Inc. PROPOSAL FOR PLANNING DEPARTMENT Cultural Wayfinding Signage Bacon Fanner Workman Engineering & Testing, Inc. * *Denotes Recommended Bid/Proposal CITY OF PADUCAH November 1, 2016 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. City Manager's Signature Date CITY OF PADUCAH PERSONNEL ACTIONS November 1, 2016 PAYROLL ADJUSTMENTSITRANSFERS/PROMOTIONSrEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY POLICE - SUPPORT SRVCS Quinn, Anthony Blake Police Patrol Police Detective NCS Non -Ex October 6, 2016 $23.76/Hr 524.76/Hr PARKS SERVICES Blakemore, Kaitlin A Recreation Leader Recreation Leader NCS Non -Ex November 3, 2016 $11.00/Hr $11.20/Hr Agenda Action Form Paducah City Commission Nee`ing Date:1 November 2016 Short Title: 2016 Kentucky League of cities (KLC) Insurance Services Safety Grant Application ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Mark Thompson; Sheryl Chino Presentation By: Mark Thompson Background Information: KLCIS Safety Grant Program was developed in 1999 m a way for members to stretch our safety budget. This grant has a 50/50 matching funds safety grant program thah%dl reimburse a city up to $3,000 for a prior -approved items/equipment that will reduce Workers' Compensation exposures, and another grant up to $3,000 for prior -approved items/equipment that will reduce General Liability and Property exposures. For this funding cycle, the Paducah Park Services Department is applying for an 8' Single Bay Basket Swing to replace an existing basket swing. The total cost is $5,616.00. The Parks Services Department will apply for $2,808.00 from KLC and the required match will be $2,808,00. The matching funds will come from the account number 001-2401-534-3305. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Parks Property/Plant Finance Account Number: 001 2401 534 3305 Staff RecommenVne Authorize and direct the Mayor to sign all required grarrt; application documents. Attachments: epRaAment Director City Clerk City Man er MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR A 2016 MATCHING INSURANCE SERVICES SAFETY GRANT AWARD IN THE AMOUNT OF $2,808 FROM THE KENTUCKY LEAGUE OF CITIES FOR A BASKET SWING TO BE USED BY THE PARKS SERVICES DEPARTMENT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute all documents necessary to obtain a 2016 matching Insurance Services Safety Grant in the amount of $2,808 from the Kentucky League of Cities for replacement of an 8' single bay basket swing to be used by the Parks Services Department. Matching funds in the amount of $2,808 will be provided through the City's Parks Services Department budget. SECTION 2. This order will be in full force and effect from and after the (late of its adoption, Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, November 1, 2016 Recorded by Tammara S. Sanderson, City Clerk, November 1, 14(.16 lrnolgrantslklc safety grant -Parks Dept 11-2016 Agenda Action Form Paducah City Commission Meeting Date: November 1, 2016 Short Title: Service Merchandise Building — Property Development Agreement ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson Presentation By: Jeff Pederson Background Information: The former Service Merchandise building has been under a Correction Notice from the City regarding deficient conditions with the building and property. Fines have been assessed against current owner SM NEWCOMER. At present, the City has been notified by Kentucky Oaks Mall that it is in negotiations to purchase the building, and wishes for the City to assist in making the purchase more feasible. Goal: ❑Strong Economy ❑ Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Staff Recommendation: This Agreement modifies certain conditions of the Correction Notice in order for Kentucky Oaks Mall to both proceed with acquisition of the property as well as obtain some time to determine the best use of the property based upon market demand. The Agreement recognizes an acquisition date for the property of December 31, 2016, after which Kentucky Oaks Mall would make certain exterior improvements within 6 months of acquisition, with a determination on demolition or renovation of the building to occur and work to commence within three years from the acquisition date. All conditions of (lie Correction Notice will be held iia abeyance subject to performance of the agreed upon obligations of Kentucky Oaks Mall Attachments: Municipal Order Department Head City Clerk City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BFITWEEN THE CITY OF PADUCAH AND THE KENTUCKY OAKS MALL COMPANY REGARDING THE FORMER SERVICE MERCHANDISE BUILDING LOCATED AT 3410 JAMES SANDERS DRIVE BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Authorization. The Board of Commissioners of the City of Paducah hereby approves and the Mayor of the City of Paducah, Kentucky, is hereby authorized and directed to execute the Memorandum of Understanding with The Kentucky Oaks Mall Company regarding the former Service Merchandise building located at 3410 James Sanders Drive in substantially the form attached hereto as Exhibit A and made part hereof. SECTION 2. Effective Date. This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the City of Paducah; Kentucky. Mayor ATTEST: Tammara Sanderson, City Clerk Adopted by the Board of Commissioners. November 1, 2016 Recorded by Tammara S. Sanderson, City Clerk, November 1, 2016 lmolagree-Service Merchandise Bldg MEMORANDUM OF UNDERSTANDING This is a Memorandum of Understanding made and entered into on this the day of 12016, by and between CITY OF PADUCAH, KENTUCKY, P.O. Box 2267 Paducah, Kentucky 42002-2267, (the "City" or "City of Paducah"), a municipality of the second class and THE KENTUCKY OAKS MALL COMPANY, C/O CAFARO COMPANY, P.O. BOX 2266, Youngstown, OH 44504-0186, hereinafter called (the "Developer"). :WITNESSETH: WHEREAS, Developer is an Ohio Limited Partnership and operates Kentucky Oaks Mall in Paducah, Kentucky and is the present owner of two parcels of real estate located at 3430 and 3330 James Sanders Drive in the City of Paducah; and WHEREAS, a parcel of real estate is located adjacent to and between the two parcels owned by Developer as set out above, designated as 3410 James Sanders Drive, within the City of Paducah. This Paducah property is owned by SM NEWCO PADUCAH, LLC, a Delaware Limited Liability Company, upon which site is a building that formerly housed a SERVICE MERCHANDISE BUSINESS, hereinafter called "Service Merchandise Building"; and WHEREAS, the City of Paducah is charged with enforcement of regulations known as the Nuisance Code Enforcement Board Ordinance which references the International Property Maintenance Code. These codes are to protect the public health, safety and welfare of all existing premises located within the City; and WHEREAS, said SERVICE MERCHANDISE BUILDING and lot were inspected by the City of Paducah Inspection Department and its successors code enforcement division, The Fire Prevention Division of the Paducah Fire Department, which issued a Correction Notice for many violations. Re -inspections were made which revealed the owner SM NEWCO PADUCAH, LLC, had failed to comply with the Correction Notice; and WHEREAS, an Action was filed in the McCracken Circuit Court, by Developer against SM NEWCO PADUCAH, LLC to enforce restrictive covenants placed on the Service Merchandise tract. The case is listed as Civil Action No. 13 -CI -1099. As part of the relief demanded in the lawsuit, the Developer moved for a Temporary Injunction to enjoin Defendant from demolishing the SERVICE MERCHANDISE BUILDING as directed by the City in its Corrective Notice. The Court subsequently entered the Temporary Injunction on May 14, 2014. Defendant then filed an Interlocutory Appeal with the Kentucky Court of Appeals styled SM NEWCO PADUCAH LLC vs. KENTUCKY OAKS MALL COMPANY docketed as Case No, 2014 -CA -900. Said Action is on the Court's Active Docket awaiting a decision, and WHEREAS, Developer has contacted the City regarding a possible purchase of the SERVICE MERCHANDISE BUILDING and site, from SM NEWCO PADUCAH, LLC providing a proposal to perform certain duties to resolve the violations within a timetable for the corrections to be completed, AND WHEREAS, the parties agree that the actions of Developer will have a positive impact on the community in general and the immediate area in particular, and to encourage DEVELOPER to purchase the site and improvements thereon, and perform the corrective work within the time schedule in accordance with its proposal, the City does now authorize this MEMORANDUM OF UNDERSTANDING by and between CITY and DEVELOPER. NOW, THEREFORE, in consideration of the foregoing premises and for other good consideration, the legal adequacy and sufficiency of which is hereby acknowledged by the parties hereto, the parties do covenant and agree as follows: DEVELOPER AGREES TO THE FOLLOWING: 1. If the closing on the purchase of the SM Newco property occurs (presently scheduled for December 31, 2016), Developer agrees to complete, within six months subsequent to the closing date, the following work: a. Repair and/or replacement of the existing parking lot lights on the property so that same are operable in a manner consistent with the balance of the Kentucky Oaks Mall Complex. b. The complete cleanup of the debris and weeds along the front curbs of the building. c. Power washing of the sidewalk adjacent to the front of the building. d. The patching/resealing/and restriping of the entirety of the front parking lot. e. Cleaning and/or sandblasting and/or painting the front masonry exterior of the building. f. Spray painting of the underside of the front canopy. 2. Within three years after the closing date, Developer shall commence with and thereafter diligently proceed to complete one of the following alternatives: a. The complete razing of the building improvements, and installation of grass/landscaping on the existing building pad, or b. A complete refurbishment/renovation/upgrading of the existing building improvements so as to make the building fully compliant with the various Correction Notices sent to SM Newco, Paducah, LLC, by the City, to make the building tenantable going forward, or c. The partial razing of a portion of the improvements so that only the structural shell of the building will remain for future potential use (and during such time as the building shell exists, occupancy shall not be permitted within the remaining building). Subject to Developer timely meeting the above conditions, CITY AGREES TO THE FOLLOWING: 1. To waive the current unpaid $500.00 fine (and any other such unpaid fine that may have been levied) and interest thereon, and to refrain from future assessments of fines. 2. To hold in abeyance the various requirements as set forth in the prior Correction notices submitted to SM Newco, Paducah, LLC, 3. To hold in abeyance the order stating that "...it shall be unlawful to sell, transfer, mortgage, lease or otherwise dispose of the premises to another unless the receiving party acknowledges receipt of this order and gives written notice to this office of fully accepting the responsibility of this order pursuant to PM -107.5" 4, To rescind the City Notice of Condemnation and the City determination to raze the building improvements in accordance with the December 10, 2012 Correction Notice. The parties agree that in the event the obligations of Developer are not met on a timely basis, the requirements the City set out above shall no longer be enforceable and City may commence with its Actions to pursue its Correction Notices and all other remedies at law, to include an Action seeping to lift the Temporary Injunction entered by the Court on May 14, 2014 to permit razing of the structure. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions shall apply; 1. Assignment. This Memorandum of Understanding shall be binding upon and shall inure to the benefit of the parties hereto, and their respective legal representatives, heirs, successors and permitted assigns. The Developer shall not assign its rights and obligations hereunder, in whole or in part, except to a wholly owned subsidiary, without the prior consent of the City, but in no event, shall any assignment hereunder release or relieve the Developer from any obligations of this Agreement for which the Developer shall remain fully bound to the City. 2. Merger Clause. It is agreed and understood between the parties that this Memorandum of Understanding represents the entire and exclusive agreement between the parties and that all prior representations, covenants, warranties, understandings and agreements are merged herein. This Memorandum of Understanding may only be modified in writing executed by all parties hereto. 3. Construction. This Memorandum of Understanding shall be governed and construed under the laws of the Commonwealth of Kentucky. 4. Assurances. The city and the Developer agree to execute such further documents and instruments as shall be necessary to fully carry out the terms of this Agreement. 5. Amendments. This memorandum of Understanding may not be modified or amended unless in writing signed by both parties hereto. 6. Execution and Delivery. This Memorandum of Understanding shall be of no force or effect unless and until it shall have been executed by both the City and the Developer and approved by the governing body of the City of Paducah. 7. Time. All times referred to herein shall be strictly construed, as all of such times shall be deemed of the essence. WITNESS signatures of the parties as of the year and date first above written. CITY: DEVELOPER: CITY OF PADUCAH, KENTUCKY THE KENTUCKY OAKS MALL COMPANY Imylo 23 GAYLE KALER, MAYOR ANTHONY M. CAFARO, SR. SPECIAL AUTHORIZED AGENT DATE: DATE: Agenda Action Form Paducah City Commission Meeting Date: 25 Oct 2016 Short Title: Greenway Trail Phase 4 - Contract for Professional Services with HDR Engineering, Inc. ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Mark Thompson, Steve Ervin, Steve Doolittle, Rica, Murphy, Sheryl Chino Presentation BY: Steve Ervin Background Information: On June 6, 2016, the Planning Department published in the Paducah Sun a Request for Qualifications for engineering services related to the Phase 4 extension of the Greenway Trail. Proposals were due on June 27, 2016. The Planning Department received three Statements of Qualifications (SOQ) from HDR Engineering, Inc., CND Design/Integrated Engineering, and Civil Design Inc. The review committee was made up of Mark Thompson, Steve Ervin, and Sheryl Chino. Each review team member scored the SOQ's with HDR Engineering, Inc. having the highest cumulative score. On Aug. 10, 2016, the review team met with HDR Engineering, Inc. to begin contract negotiations, After careful review and two subsequent meetings with HDR Engineering, Inc.. a contract was submitted to the review team by HDR Engineering, Inc, in amount of $53,700 for design services through construction procurement. Additionally, the city has the option to utilize HDR Engineering, Inc. for construction administration and inspection, Construction administration services may Le performed on an as needed basis and billed hourly with a not -to -exceed amount of $32,000. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Greenway Trail Ph. 4 Project Number: PA -0092 / File #: Finance Account Number: CFDA Number: 20,205 Staff Recommendation: Authorize the mayor to execute the contract with HDR Engineering, Inc. for engineering design services and authorize the Mayor to exercise the optica to utilize HDR Engineering, Inc. for construction administration and inspection on an as -needed basis. Attachments: Contract agreement with HDR Engineering, Inc. Department Head City Clerk City Man 0 Agenda Action Fo>r•m Paducah City Commission Meeting Date: 10-25-16 Short Title: Contract for Uniform Services for the Fire Department ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Chief Kyle Presentation By: Chief Kyle Background Information: The Fire Department contracts for uniform services for its personnel. The most recent 2 year contract expired and a new 2 year uniform contract with a 2 year renewal option was advertised for bid. Three (3) total vendors submitted bids for the contract. They were Bluegrass Uniforms (current vendor), Siegel's Uniforms, and Galls. The bids were evaluated and are being awarded on the lowest most responsive bidder. The bid had each iters that the fire department uses and vendors were to return the bid with their price per item for a total tabulation of uniform costs. Bluegrass Uniforms subtaission was $7,588.38 total uniform cost bid, Siegel's bid was $8,331.95 and +5alls bid was $8,655.70. Bluegrass Uniforms bid was lowest and most responsive. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhood s❑ Restored Downtowns Funds Available: Account Name: Clothing Allowance Account Number: 001-1801 /1802/1803/ 1804-522-t 6l 0 i Finance Staff Recommendation: Accept the bid from Bluegrass Uniforms and execute the 2 year contract for service. Attachments: Three (3) Evaluation .Forms on each bidder Bid Tab �r Depar Zent Head City Clerk —City \-Tanager Agenda Action Form Paducah City Commission Meeting Date: 25 Oct 2016 Short Title: 2016 U.S. Bulletproof Vest Partnership Grant ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Robin Newberry, Sheryl Chino Presentation By: Chief Brandon Barnhill Background Information: The U.S. Department of Justice (DOJ) Bulletproof Vest Partnership (BVP) Grant Program provides a maximum 50 -percent reimbursement for the purchase of body armor for police. The Police Department has been awarded $7,030 from the BVP program for 19 Summit Series Level it body armor vests. The total project cost is $14,060. This grant requires a 50 -percent match. Matching funds, in the amount of $7,030, will be provided from the department's FY2017 Court Av,ards. The grant application was approved through municipal order 1905 on May 10, 2016. Goal; ❑ Strong Economy E Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Project Number: PO -0099 F�'i6ance Account Number: 001-1602-521-4212 �1.'� Staff Recommendation: Authorize the mayor to execute all grant award Documents. Department Head City Clerk City Manager Agenda Action Form Paducah City Commission -Meeting Date: October 25, 2016 Short Title: Authorize Contract for Uniforms for FPW and Parks Department ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resoldicri ❑ Motion Staff Work By: Chris Yarber, Assistant Director oi' Public 'Works Dena Alexander, Admin. Assistant City Engineer -Public Works Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On September 22; 2016, sealed written bids were opened and read aloud for Uniform Services for use by the Engineering -Public Works Department and the Parks Department. After reasonable consideration of the one bid received, the bid submitted by Aramark Uniform Services was found to be the most responsible bid(L-r who submitted the responsive bid of the lowest evaluated bid price in accordance with the specifications. Therefore, recommendation is made to accept the Unit Prices given in ih+ September 203 2016 bid by Aramark Uniform Services. The contract period shall be a 'F-wo-Fear time period beginning upon execution of the Contract Agreement with two one-year optional renewals upon the mutual agreement of both parties. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighlx�nlwods ❑Restored DoNvntowns Funds Available: Account Name: Various Accounts %B Account Number: �Einance Staff Recommendation: To receive and file the bid received and to adopt an Ordinance awhorizing the Mayor to execute a contract with Aramark Uniform Services for Uniform Services for use by the Engineering -Public Works Department and the Parks Depatirncnt at the Unit Prices quoted in the Bid Proposal dated September 20, 2016. Attachments: Bids, Bid Tab; Advertisement and Proposed Conti -act rient7ead Depar City Clerk City Mariag Agenda Action Forin Paducah City Commission Meeting Date: October 25, 20t6 Short Title: Two (2) Stainless Steel Salt Spreaders ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Nlotion Staff Work By: Randy Crouch, EPw Maintenancz Supt. Dena Alexander, EP'W Admin Asst -III Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On September 29, 2016, sealed written bids vvere opened far the purchase of Two (2) Stainless Steel Salt Spreaders to be used by the Street Depariment. One bid was received. The bid received was from KyFab, LLC with a delivery time of 30 days after contract execution. The total bid price is 521,660.00. Goal: []Strong Economy ®Quality Services ❑Vital Neighborlaaods ❑Restored Downtowns Funds Available: Account Name: Rolling StockNehicles Fleet Lease Trust Fund Finance Account Number: 071.-0210-542-4005 Staff Recommendation: To receive and file the bid and adopt an Ordinance authorizing the Nlayor to execute a contract with KyFab LLC in the amount of $21,660.00 for the purchase of Two (2) Stainless Steel Salt Spreaders to be used by the Street Department. Attachments: Bids, Bid Tab, Advertisement, Proposed Contract Departirt t ea City Clerk City Nlanager Agenda Action Forn Paducah City Commission Meeting Date: October 25, 2016 Short Title: THREE (3) SNOW PLOWS, MOUNTS AND ELECTRIC OVER HYDRAULIC CONTROLS Ordinance ❑ Emergency ] Municipal Order ❑ Resolution ❑ N'Totion Staff Work By: Rarndy Crouch, EPW Maintenance Supt. Dena Alexander, EP AI Admin AS -5L. III Presentation By: Rick Murphy, P.E., City EngineeF-Pest+lic Works Director Background Information: On September 29, 2016, sealed written bids were opened far the purchase of Three (3) snow Plows, mounts and electric over hydraulic controls to be used by the Street Department. One bid was received. 'rhe bid received was from KyFab, LLC ufit h a delivery time of 30 days after contract execution, The total bid price is $24,291.00. Goal: ❑Strong Economy ZQuality Services ❑Vital NeighLx)rhoods ❑Restored Downtowns Funds Available: Account Name: Rolling Stock/Vehicles ,4C;12��/ � Fleet Lease "trust Fund Finance Account Number: 071-0210-542-1005 Staff Recommendation: To receive and file the bid and adopt an Ordinance authori inor the X-layor to execute a contract with KyFab LLC in the amount of $24,291.00 for the purchase of Three (3) snm%' plows, mounts and electric over hydrauhc controls to be used by the Street Department. Attachments: Bids, Bid Tab, Advertisement, Proposed Contract Depai-Onent Igad 1� City Clerk J� City Manager Agenda Action Form Paducah City Commission :Meeting Date: October 25, 2016 Shout Title: Two (2) Utility Vehicles ®Ordinance ❑ Emergency ❑ Municipal Order ❑ ReSoILY.iol7 ❑ Motion Staff Work By: Randy Crouch, EPW Maintenance Supt, Dena Alexander, EPW Admin Asst. III Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Backgt-ound Information: On September 29, 2016, sealed written bids were opened forthF' purchase of two (2) utility vehicles to be used by the Parks Department. Three bids were received. The lowest evaluated bid received was from McKee] Equipment Co., Inc. with a delivery timc of 30 days after contract execution. The total bid price is 528,269.82. Goal: ❑Strong Economy EjQuality Services ❑Vital Neight:)+odds ❑Restored Downtowns Funds Available: Account frame: Rolling Stock/Vehicles Fleet Lease Trust Find Finance Account Number: 071-0210-542-4005 Staff Recommendation: To receive and file the bid and adopt an Ordinance authoriziag the Mayor to execute a contract with McKeel Equipment Co., ltic.in the amount of 52$,269.82 for the purchase of T\vo (2) utility vehicles to be used by the Parks Department. Attachments: Bids, Bid Tab, Advertisement, Proposed Contract Ii +,� ItiG�iL Depart ent H City Clerk Cii�- Manager �I i/ V Agenda Action Form Paducah City Commission Meeting Date: 1 November 2016 Short Title: 2016 Community Development Block Grant (CDBG): Four Rivers Recovery Center ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Sheryl Chino Presentation By: Steve Ervin Background Information: In 2006, the City of Paducah accepted a Community Development Block Grant (CDBG) Award from the Kentucky Department for Local Government on behalf of the sub -recipient, Four Rivers Behavioral Health's Center Point Recovery Center, of which the grant agreement expired June 2012. The City also accepted CDBG funding in 2013, 2014, and 2015 to continue the project in the amount of $250,000. On April 19, 2016, the Commission through Municipal Order 1902 authorized the execution of a 2016 Four River Recovery Center CDBG application. The Kentucky Department of local Government has accepted the application and issued a preliminary approval letter to the City of Paducah irl the amount of $220,000 on behalf of the Four Rivers Behavioral Health's Center Point Recovery Center. The City of Paducah will receive $10,500 for grant administration, monitoring and maintaining records with the amount of $209,500 to be spent on salaries at Center Point Recovery Center. A local match is not required. Goal: ❑Strang Economy ❑ Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Project Name; 0 Project #: CDO088 File #; Fi ance Acct. Budget: $220,000 Source of Funds: Federal Grant, no local naitch require , e City will receive $10,500 for administering the grant. Staff Recommendation: Authorize and direct the Mayor to sign a legally binding agreement with the Four River Behavioral Health, LLC; as well as, all other required grant award documents including the Kentucky CDBG Procurement Pclicy, Attachments: None Department Head City Clerk City Manager ORDINANCE NO. 2016.11 - AN ORDINANCE OF THE CITY OF PADUCAH APPROVk-;G AN AGREENIENT WITH THE KENTUCKY DEPARTMENT FOR LOCAL GOVERNMEN(UTOOBTAIN A COMMLNIITY DEVELOP,IMENT BLOCK GRANT AWARD ON BEHALF OF THE FOUR RIVERS BEHAVIORAL HEALTH CENTER POINT RECOVERY CENTER, ANT)AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATINrG TO SAME WHEREAS, the City of Paducah adopted ,Municipal Order �Io. 1902 on April 19, 2016, authorizing the application for a Community Development Block Grant Fran the Governors Oft -tee for Local Development for the Four Rivers Behavioral Health Recovery Center Project (Center Point): and WHEREAS, the Kentucky Department for Local Goventtnetttl?as offered a grant award in the amount of 5220,000; and WHEREAS, the City will receive $10,500 for grant admiristration, monitoring and maintaining records with the amount of 5209,500 to be spent on salaries atCettterPoint Recover Center; and WHEREAS, it is now necessary to proceed for approval by Aw Board of Commissioners for the City to accept the grant award and to execute the legally binding agreement with Four Rivers Behavioral Health. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah approves an Agreenieni with the Kentucky Department for Local Govemmenl to obtain a Community Development block Grant Award on behalf of Four RiN ers Behavioral Health Center Point Recovery Center in the antou,tt of $220,000 with the City receis ing $10,500 of said grant for administration. No local match is requrecl. SECT10i\ 2. That the Mayor is hereby authorized to executeali documents necessary to accept the grant award with the Kentucky Department for Local Governntu and authorized to execute the legally binding agreement with Four Rivers Behavioral Health for theOetter Point Recosery Center as approved in Section I above. SECTION 3. This ordinance shall be read on t%ko separate clays and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Tammara S. Sanderson. City Clerk Introduced by the Board of Commissioners, November I, 2016 Adopted by the Board of Commissioners, N'o%ember 15, 2016 Recorded by Tammara S Sanderson, Cin Clerk, November 15, 2016 Published by The Paducah Sun. `ord%planlgraw'TRBH Recovery Center 2016 Agenda Action Form Paducah City Commission Meeting Date: November 1. 2016 Short Title: Bid for Health Park Construction of Walking Trail, Lighting, Community Gardens, Great Lawn and Fitness Areas ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Sheryl Chino, Steve Ervin. Rick ;Murphy, ;Mark Thompson Presentation By: Sheryl Chino, Mark Thompson Background Information: For the past several years, the City of Paducah and its partners the United Way, t.om-des Hospital, Baptist Health; Rotary Club of Paducah, Purchase District Health Department and Healthv Paducah Coalition and the Foundation for a Healthy Kentucky have worked to make the Health Park a reality. This phase of the project includes, safety surfacing for the Rotary Playground, walking trail; lighting, community gardens, fitness area and grading and irrigation for the great lawn. On Tuesday, October 25, 2016, bids were publicly opened for the Health Park. We received three bids. all from local contractors. The base bid range was frorF$619,169.36 to S869,100.00. The apparent low bid and best bid was presented by Wilkins Construction Company of Paducah. Due to current available funding levels staff does not recommend including the alternates, «hick Mould include the plaza area and additional trees. in this contract. Attached is the architect/engineer's recommendation for approval of a contract with Wilkins Construction Company of Paducah to provide construction services for Phase 1 of the Health Park. Staffconctrrs. Goal: ®Strong Economy ® Quality Services ® Vital Neighborhoods ❑ Restored DoNNntoN%ns Funds Available: Account Name: Health Park ance Account Number: 040-8827-536.23-07 Project Number: CDO083 Staff Recommendation: Approval of the contract %vith Wilkins Construction Company Attachment: ntrac r Tab, Architect/Engineer's Recorrunendation MHT CoDe rnent Head City Clerk City Manager �L� S �,�, d► 0 l �l c �D r' �ln �r S , � chr f "e ] �-a a 00 Lo cti l+hu�ti� 4 47g,ODD ORDINANCE NO. 2016 -11 - AN ORDINANCE ACCEPTING THE BID FOR 1 -1 -JE CONSTRUCTION OF THE WALKING TRAIL, COMMUNITY GARDENS, LIGHTIINTG, GREAT LAWN AND FITNESS AREAS FOR THE HEALTH PARK LOCATED AT 421 NORTH 13r" STREET, AND AU'T'HORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of Wilkins Construction Company, Inc,, in the amount of $619,169.36 for construction of the walking trail, community gardens, lighting, great lawn and fitness areas for the Health Park located at 421 North 13" Street, said bid being in substantial compliance with bid specifications, and advertisement for bids, as contained in the bid of Wilkins Construction Company, Inc., of October 25, 2016. SECTION 2. That the Mayor is hereby authorized to execute a contract with Wilkins Construction Company, Inc., for construction of the wAing trail, community gardens, lighting, great lawn and fitness areas for the Health Park, authorized in Section I above, according to the specifications, bid proposal and a] 1 contract documents heretofore approved and incorporated in the bid. SECTION 3. This expenditure shall be charged to the Health Park project account CD0083, account number 040-8827-536-2307. 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, November 1, 2016 Adopted by the Board of Commissioners, November 15, 2016 Recorded by Tammara S. Sanderson, City Clerk, November 15, 2016 Published by The Paducah Sun, \ord\parks\contract-Health Park -walking trail, lighting, great lawn, etc BID TABULATION PADUCAH HEALTH PARK - PHASE 1 ARCHITECT'S PROJECT NO. 15082 BRANDSTETTER CARROLL INC. ARCHITECTS ENGINEERS PLANNERS 10/25/2016 BIDDER Base Bid Amount Add Alternate No, 1 Add Alternate No. 2 Bid Bond Met DBE Requirement KYTC Prequalified Wilkins Construction Company $619,169.36 $93,256.00 $11,200 N/A Yes Yes Yes Harper Construction, LLC $785,856.98 $112,817.73 $11,200 N/A Yes Yes Yes A&K Construction. Inc. $869,100.00 $94,300.00 $8,300.00 Yes Yes Yes 0G500 AGREEMENT Pagel cf 2 CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT PADUCAH HEALTH PARK -- PHASE 1 PROJECT THIS AGREEMENT, made this 16th day of November, 2016 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and Wilkins Construction Company Inc., hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services necessary for the construction of the PADUCAH HEALTH PARK — PHASE 1 PROJECT. All Work shall be in accordance with this Agreement, the Plans, Specifications and anyAddendum(s) issued. Throughout the performance of this Contract, the Engineering -Public Works Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah. All work done by the Contractor shall be completed under the general supervision of the Engineer. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Contractor hereby agrees to commence work under this coniract on or before a date to be specified in the Notice to Proceed and to fully complete the project within one hundred eighty (180) consecutive calendar days thereafter. Failure of the Contractor to complete the work in the time specified above plus any extensions allowed in accordance with the General Conditions shall result in the assessment of liquidated damages for the delay (not as a penalty). Liquidated damages shall be in the amount of Five Hundred Dollars ($500.00) and One Hundred Dollars ($100.00) for architecturallengineering costs for each consecutive calendar day for failure to meet the final completion date and the total amount shall be withheld from the final payment as provided in accordance with the Specifications. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein: six hundred nineteen thousand one hundred sixty-nine dollars and thirty-six cents ($619,169.36) as quoted in the Bid Proposal by the Contractor dated October 25, 2016 which shall constitute full compensation for the work and services aulhorized herein. ARTICLE 4. PROGRESS PAYMENTS Payments for Work Completed will be made in accordance with the Specifications. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due sixty (60) days after substantial completion of the work, provided the work will then be fully completed and the Contract fully performed in accordance with the specifications. ARTICLE 6. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, both as to interpretation and performance, as it is made and entered Into in the Commonwealth of Kentucky. Venue for any legal action brought to enforce any provision of this Agreement or based upon or arising out of this Agreement shall exclusively be in the state courts of 00500 AGREEMENT P. 2 d 2 McCracken County, Kentucky, and the parties hereto irrevocably agree to submit to the personal jurisdiction of any such court. ARTICLE 7. THE CONTRACT DOCUMENTS The Plans, 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. CONTRACTOR Brad Wilkins TITLE: President ADDRESS: Post Office Box 3027 Paducah, Kentucky 42002-3027 CITY OF PADUCAH, KENTUCKY BY Gayle Kaler, Mayor ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: Nov. 1, 2016 Short Title: Accept Services of 15 Design ®Ordinance [] Emergency ❑ Municipal Order 0 Resolution ❑ Motion Staff Work By: Chief Brandon Barnhill Presentation By: Chief Brandon Barnhill Background Information. Over the life of the Police Department Annex project, services required of I5 Design totaled more than initially anticipated and now stand at a total of $22,634.35. We are requesting the commission pass an ordinance to purchase services from 15 Design totaling not more than $25,000 for the life of the project. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available; Account Name: Property Acquisition f e -* 1,4�1 Account Number: 040-1616-521-4207 ance Project: P00088 Staff Recommendation: Approve ordinance for purchase of services from 15 Design totaling not more than $25,000 for Police Department Annex project. Attachments: ORDINANCE NO. 2016 -11 - AN ORDINANCE AUTHORIZING AND DIRECIING THE FINANCE DIRECTOR TO MAKE PAYMENT TO i5 DESIGN GROUP, INC., FOR ARCHITECTURAL AND DESIGN SERVICES FOR THE POLICE DEPARTMENT ANNEX WHEREAS, pursuant to Chapter 2-643 of the Code of Ordinances of the City of Paducah, Kentucky, the City Manager executed a contract with i5 Design Group, Inc, in the amount of $18,730 for architectural and design services for the Police Department Annex project; and WHEREAS, over the life of the Annex project the total amount exceeded the contract amount; and WHEREAS, pursuant to Chapter 2-643 of the Code of Ordinances, consent is required by the Board of Commissioners if the aggregate amount of the contract exceeds $20,000; and WHEREAS, the aggregate amount of the services provided totals $22,634.35; and WHEREAS, the Police Department wishes for the Board of Commissioners to approve the total amount for the services provided by i5 Design Group, Inc. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes and directs the Finance Director to make payment in the amount of $22,634.35 to i5 Design Group, Inc., for architectural and design services for the Paducah Police Department Annex. SECTION 2. These expenditures will be charged to account no. 040-1616-521- 4207, project account P00088. SECTION 3. This ordinance shall be read on two separate days and shall become effective upon summary publication pursuant to KRS Chapter 424, Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, November 1, 2016 Adopted by the Board of Commissioners, November 15, 2016 Recorded by Tammara S. Sanderson, City Clerk, November 15, 2016 Publication by The Paducah Sun, _ \ord\policeApayment-police annex -architectural & design services 15 design group, Inc. CONTRACT FOR DESIGN SERVICES THIS CONTRACT FOR DESIGN SERVICES ("Contract") is made and entered into this 17Th day of August, 2415, by and between i5 design group, inc., a Kentucky corporation with its principal place of business located at 401 Broadway, Paducah, Kentucky 42001 ("Designer") and Paducah Police Department, a Kentucky corporation with its principal place of business located at 1400 Broadway, Paducah, KY. 42001 ("Customer"). WITNESSETH: WHEREAS, Designer has agreed to provide those design services and at those fees outlined in the attached Scope of Work; and WHEREAS, Customer has agreed to retain Designer to Fe fbmi the detailed services at the rates indicated. NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained the parties agree as follows: 1. Services Provided by Designer; Limitations. A. Services limited to the Scope of Work. Designer shall provide to Customer those services set forth on the attached Scope of Work. Any modification to the Scope of Work at the request of Customer or his designee (including, but not limited to, the Architect, Engineer or General Contractor), or any change to any other elements of the overall Project referenced in the Scope of Work (including, but not limited to, delays caused by third parties, including the Architect, Engineer, and/or General Contractor; changes in the condition of the site represented to Designer, the unavailability of design materials or e'ements due to changes in the marketplace; or other similar delays or changes) that -%vould require a modification to the Scope of Work will be deemed to lie outside the Scope of Work and may, at the election of Designer, require the payment of additional Design Fees prior to completion. The foregoing notwithstanding, any change in the Scope of Work that would result in an increase in the Design pees shall not be completed without prior written agreement with the Customer. B. Services by Others. Designer shall not have control over or charge of, and shall not be responsible for, construction means, methods, techniques, construction schedules, sequences, or procedures; fabrication, procurement, shipment, delivery, receipt, inspection or installation; or safety programs in connection with the General Contractor or any subcontractor's work, save those project management and bid management tasks provided :,r in the attached Scope of Work. Designer shall not be responsible for acts or remissions or failure to carry out the work in accordance with the Design Materials by the General Contractor or any other person or entities or agents or employees performing or supplying the work. Designer shall have no responsibility for the acts or omissions of the Architect, Engineer, any other consultant, supplier, vendor, fabricator or any other party performing work directly for the Customer or retained by the Customer through the General Contractor. C. Architectural and Engineering Services not Provided bar Designer. While current building codes and standards are taken into account in the preparation of the Design, Designer makes no representations or warranties as to compliance with these codes, and does hereby expressly waive any such warranty, whether express or implied. Designer does not provide architectural or engineering services, and the Design is subject to revision at the request of the !' Customer's Architect or Engineer, as such revisions may be necessary to g � i) Y Y comply with applicable building codes. There shall be no additional Design Fee charged to Customer for any changes made to the Design Materials at the request of the Architect or Engineer where such change is required to meet applicable building codes or industry standards. Customer acknowledges that the Architect for this project shall be J. Patrick Kerr Architects, Inc., who shall provide its services pursuant to a separate Architect ;Consulting Agreement with Designer. While J. Patrick Kerr. Architects, Lnc. shall ;i 0report to Designer under the Architect Consulting Agreement, Customer acknowledges that J. Patrick Kerr. Architects, Inc. -is an independent contractor, not an agent of Designer, and any actions of the Architect shall be its sole and absolute responsibility. Customer acknowledges that the MEP Engineer For Ibis project shall be S.E. Engineering , who shall provide its services pursuant to a separate Engineer Consulting Agreement with Designer. While S.E. S.-:agineering shall report to Designer under the Engineer Consulting Agreement, Customer acknowledges that S.E. Engineering is an independent contractor, not m agent of Designer, and any actions of the Engineer shall be its sole and absolute j:esponsibility. Customer acknowledges that the Structural Engineer for this project shall be S.E. Engineering, who shall provide its services pursuant to a separate Engineer Consulting Agreement with Designer. While S.E. Engineering shall report to Designer under the Engineer Consulting Agreement, Customer acknowledges that S.E. Engineering is an independent contractor, not an agent of Designer, and any actions of the Engineer shall be its sole and absolute responsibility. E. Bid Management Services. As a part of the Design Services for the Project, Designer shall, as outlined in the attached Scope of Work, provide Bid Management Services on behalf of Customer. Customer acknowledges that the ultimate performance of bid -for services shall be the responsibility of the respective subcontractors, and Designer makes no representations or warranties as to the workmanship of same. 2. Obligations of Customer. A. Acceptance of work. Customer shall designate a representative authorized to act on Customer's behalf to provide decisions, approve drawings, reports, presentations and other documents or data. Customer's written decisions, authorizations and approvals for Designer's services shall be provided promptly in order to meet the Project schedule. Any action taken by Customer's designated representative shall be deemed binding upon Customer. B. Access; Communication. Customer shalt ensure Designer access to the Project site at- all reasonable hours, and shall permit Designer to photograph and otherwise document progress on the Project for Designer's records. Such photographs, if taken, shall be the property of the Designer, and may be used by the Designer for its business purposes. However, in no event shall Designer disclose the name of the Custorner or the location of. the Project without the prior written consent of the Customer. Customer shall also ensure proper communication among Designer, Customer, General Contractor, Architect and/or Engineer so as to minimize delays to the Project schedule and otherwise coordinate work on the Project. 3. Selection of Materials and Accessories; Purchasing. Designer shall, where appropriate, select and/or specifically design required materials, including moveable furniture, furnishings, light fixtures, hardware, fixtures, accessories and other similar items. Selection of materials is made based upon aesthetic design criteria, and Designer asstunes no responsibility for the quality of design or manufacture of any such material or item, the propriety of the installation of any such material or item, and does not warrant or otherwise guaranty the reliability, safety or durability of any such material or item. Designer may, in certain circumstances, purchase such materials or items on behalf of Customer; however, the fact Designer ruakes such purchases shall in no way constitute any type of warranty or guaranty by the Designer and Designer expressly disclaims any warranty, whether express or implied, that would otherwise be associated with such purchased items. Customer acknowledges that Designer benefits from wholesale pricing arrangements and agrees that any items purchased by Designer on behalf of the Customer may be subject to a fee of up to ten percent (10%) of the price paid by Designer to its wholesale suppliers. 4. Use of Design Materials; Ownership and Copyright. A. Ownership and Copyright of Design Materials. All documentation produced by Designer, including, but not limited to, drawings, sketches, electronic media, photographs, models, or any other similar depiction of the Project, whether prepared by Designer or anyone acting on its behalf (including, but not limited to, Architect) ("Design Materials"), shall remain the property of the Designer and Designers shall retain all rights of ownership therein, including any applicable copyrights. B. Use of Desian Materials. Customer and Customer's designees shall have the right to utilize these materials for the duration of this Project only, and shall not, without the prior written consent of Designer, provide the Design Materials to anyone for use in another project. 5. Termination, Suspension or Abandonment. A. Termination without cause. This Contract may be terminated, without cause, by either parry upon thirty (30) days written notice. In such event, the Customer shall compensate Designer for services rendered prior to the termination date. B. Termination for nonpayment. If Customer fails to make payment when due, Designer may, upon seven (7) days written notice to Customer, withhold Design Materials and suspend performance of services under this Contract. Designer shall not be held liable for any claims or losses, whether sounding in tort, contract or negligence that may result there from. C. Suspension/Abandonment. If the Project is abandoned or suspended by the Customer for more than sixty (60) days, the Customer shall compensate Designer for services rendered prior to the suspension date. Ta the event the Project is resumed, the Designer shall be entitled to reasonable expenses associated with the resumption of services, including, but not lunited to, any changes required in the Design Materials due to the suspension. 6. Miscellaneous. A. Severability; Headings. The invalidity of any provision of this Contract, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. The Section headings used herein are for convenience only and shall not affect the interpretation of this Contract. B. Incorporation; Amendments, Binding Nature. "This Contract contains all agreements of the parties with respect to any matter mentioned herein. No prior agreements or understanding pertaining to any such matter shall be effective. This Contract may be modified in writing only, signed by the parties in interest at the time of the modification. This Contract shall be binding upon and shall inure to the benefit of the parties, their personal representatives, heirs, devisees, successors, and assigns. C. Notices. Any notice required or permitted to be givcu hereunder shall be made in writing and delivered by certified mail, postage prepaid, to the following: If to Designer: iS design group, inc. c/o M. Chad Beyer, President 401 Broadway Paducah, Kentucky 42001 If to Customer: Paducah Police Department c/o Chief Brandon Barnhill 1400 Broadway Paducah, Kentucky 42001 D. Waiver. The failure or delay of Designer to exercise any right or privilege granted to Designer hereunder, including, but not limited to, Designer providing additional services beyond the Scope of Work without requiring Customer to pay an additional fee(s), in any one or more instances, or the acceptance by Designer of partial performance of any kind hereunder shall not constitute a waiver of any such right or privilege, or extend or affect the rights or privileges granted to Designer hereunder. F. Choice of Law-, Choice of Venue. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky irrespective of any Conflict of Laws provision to the contrary. Any legal action arising out of this Agreement shall be brought in either McCracken Circuit Court or the United States District Court for the Western District of Kentucky, Paducah Division, or any successor to such courts. F. Attorney Pees. If either party brings an action to enforce the terms hereof or declare rights hereunder, the prevailing parry in any such action, on trial or appeal, shall be entitled to its reasonable attorney fees to be paid by the losing party. G. LIMITATION OF LIABILITYAND INDEMNIFICATION. DESIGNER SHALL NOT BE LIABLE TO CUSTOMER WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING, BUT WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST REVENUES, LOST SAVINGS SUFFERED BY THE CUSTOMER, LOSS OF BUSINESS SUFFERED BY THE CUSTOMER, ITS ASSIGNEE OR OTHER TRANSFEREE (SHOULD THE DESIGNER PERMIT SUCH ASSIGNMENT OR TRANSFER) OTHERWISE OR IN ANY OTHER MANNER CONNECTED WITH THE ACTIVITIES OF CUSTOMER UNDER THIS CONTRACT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF ANY KIND AND REGARDLESS OF WHETHER THE DESIGNER KNOWS THE POSSIBILITY THAT SUCH DAMAGES COULD RESULT. DESIGNER'S SOLE LIABILITY TO THE CUSTOMER, AND THE CUSTOMER'S SOLE REMEDY FOR ANY BREACH OF THIS CONTRACT OR OF ANY OTHER OBLIGATION UNDER THIS CONTRACT SHALL BE A REFUND OF THE DESIGN FEES SET FORTH IN THE SCHEDULE OF WORK. H. Force Maieure. Designer shall not be liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, including, but not lirnir_ed to, acts of nature, acts of civil or military authority, governmental regulation, embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages (including strikes), power blackouts, volcanic action, other major environmental disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event). Inability to secure products or services of other persons or transportation facilities or acts or omissions of transportation carriers shall be considered Force Majeure Events to the extent any delay or failure in performance caused by these circumstances is beyond the control of Designer and without its fault or negligence. In the event of a Force Majeure Event, Designer shall provide prompt notice to Customer and shall be excused from performance of its obligations hereunder on a day to day basis to the extent those obligations are prevented by the Force Majeure Event. I. Definitions. The following terms, as used in this Contract, shall be assigned those definitions set forth below: Architect. "Architect" shall mean J. Patrick Kerr, Architects, Inc. Customer's Architect designated to provide architectural services in connection with the Project. 2. Design Fees. "Design Fees" shall mean those fees set forth on the attached scope of work, along with any additional fee(s) which may be agreed to by the parties. Engineer. "Engineer" shall mean S.E. Engineering, and/or any registered professional engineer or engineering firm, including, but not limited to, civil engineers, structural engineers, electrical engineers, or other similar professionals, retained by Customer or Customer's designee to provide professional engineering services in connection with the Project. 4. General Contractor. "General Contractor" shall mean the general contractor performing work on the Project, and any subcontractor, agent, employee, or other designee of the generai contractor performing work on the Project. J. Project. "Project" shall mean that design project set forth on the attached Scope of Work. 6. Scope of Work. "Scope of Work" shall mean that letter of intent, outlining the proposed project to be undertaken by Designer, attached to, and incorporated in, this Contract J. Payment. The project shall be invoiced monthly based on percentage of completion of the attached Scope of Work, Exhibit A. Payment for Design Fees shall be due within thirty (30) days of the invoice date. A service charge of ten percent (10%) per month shall be added to any Design Fees not paid within thirty (30) days. K. CounteMg;Js. This Contract may be executed in one or more counterparts, each of which shall be an original, and all of which together shall constitute a single instrument, provided, however, that each such document appear in its original typewritten form without strike-throughs, deletions, additions or modifications of any type. IN WITNESS HEREOF, the parties hereto have duly executed this Contract effective the date first above written. DESIGNER: By: Cab o M. ChPresiden RIBB75, t i5 design group, inc. CUSTOMER: rJ Jeff Pederson Paducah City Manager design group, inc Exhibit A 15 Design Group & J. Patrick Kerr, Architects, Inc. fee: $13,200 S.E. Engineering fee: $5,530 Total Fee Amount: $18,730.00 45 design group, inc 401 Broadway Street - Paducah KY 270.444.0305 Bill To Paducah Police Dept Chief Brandon Bunhili 1400 Broadway Paducah Ky 42001 Invoice Data Irilloita 0 6/31201 117,27 ENGINEEPU 1G P.O. No. Torma T Project Item n 16 design group Me DowAptlon — - Paducah, KY 42001 -., 270-444^0305 2704W03 1.3 (F) 10 Bill To Paducah Police Dept Chief Brandon Bunhili 1400 Broadway Paducah Ky 42001 Invoice Data Irilloita 0 6/31201 117,27 ENGINEEPU 1G P.O. No. Torma T Project Item n Quarift DowAptlon — - O Amount , Consp-�T,ac-don Obs... 1.3 In -Construction Phase -Construction Observation 123.W 107.30 Meeting on site with Michael Constructions Obs .. 0.5 In -Construction Phase -Construction Obsznvation 123.00 62.50 oa Site with Michael Construction Obs... 2 In-Constrbadon Phase -Construction Observation a:oa ICP -CQ -1.5 phone call with Chris Ferrell about lightkg issues at rear haHway, door submittal in teiplicW, getting all submittals to Angela and Chris Construction ON- 1 In -Construction Phase -Construction ObmwAon 85.00 85.00 ICP -CO -1 HVAC issue,, coordinate with Picas and SE Enaevring, phone call to Boger Byrd at inspection department, phone call with Fieri RVAC, phone coil with SE Engineering PMject Meeting 2 Construction Documents Phas-e-Project Meeting 0.00 CD -CD -2 review stw-&ont subm!ttal, review aw aing submittal, selecting colors for both, drywall submits; start door submittal Construction Cabs... 1 in-Construcdon Phase-Goms ction Obu vatioa 85.00 85.00 ICP -CO -1 on site meeting wish rick Murphy and contractor C:onsYuction Obs.:- 1.5 ln-Construction Phase-Conalaction Observation 85.00 127.50 ICI' -Cit -1 paint sa Waal review, s4pW subna nal review Construction Obs... 1.5 In -Constriction Pha=-Conswiction Obswndion 83,00 12730 lCP-CO-1.5 anwring on site, cormspondcace wWa Angela a# Engineering, subnittai review Souroin8 need Spe... l 1n -Construction Phase -Sourcing and Spmiiying 0.00 ICP -SS -1 grout submittal to Midstates, picicing fora fez uw-d Ering on #Tont of buildine. " s 6. WA 0.00 Thank you for the opportunity to ami.A with your projec^L �� Totel 0-1 00 - —-- - - --- - ----73, Agenda Action Form Paducah City Commission Meeting Date: 11/01/16 Short Title: Request for an Ordinance authorizing payment to a vendor for an aggregate amount over $20,000 in the amount of $30,476.60. ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Kevin McKellips Presentation By: Steve Kyle Background Information: This is for the purchase of five different pieces of rescue equipment from P &L Rescue Services LLC totaling $30,476.60. No one item is over twenty thousand dollars ($20,000) so no bids were taken, but the aggregate total of all items purchased exceeds ($20,000) and requires an ordinance for purchase. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored 17ow11towns Funds Available: 1f4 0f in ce Funds for rescue equipment were included in 2016 budget. Account Name: Fire Hoses/Rescue Equipment Account Number: 001-1802-552-40-13 Staff Recommendation: Staff recommends adoption of ordinance authorizing payment of $30,476.60 to P & L Rescue Services LLC. Attachments: ftpartM46 H/a� d City Clerk City Vanager ORDINANCE NO. 2016 -11 - AN ORDINANCE AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO P & L RESCUE SERVICES, LLC FOR THE PURCHASE OF RESCUE EQUIPMENT TO BE USED BY THE PADUCAH FIRE DEPARTMENT WHEREAS, the City of Paducah Fire Department received five separate quotes from P & L Rescue Services, LLC to purchase rescue equipment; and WHEREAS, pursuant to Chapter 2-643 of the Code of Ordinances of the City of Paducah, Kentucky, consent is required by the Board of Commissioners if the aggregate amount exceeds $20,000; and WHEREAS, the aggregate amount of the purchases totals $30,476.60; and WHEREAS, the Fire Department wishes for the Board of Commissioners to approve the purchase of the rescue equipment. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby awliorizes and directs the Finance Director to make payment in the amount of $30,476.60 to P & L Rescue Services, LLC for the purchase of the rescue equipment listed below to be used by the Paducah Fire Department: 4013. GENESIS C236 E -FORCE 2.0 CUTTER $10,195.00 GENESIS S45 -SL 2.0 SPREADER 9,700.00 GENESIS 2136 RAM 2.0 7,945.00 GENESIS 28V 5AH BATTERY 390.00 GENESIS E28 EPACK 2,246.60 SECTION 2. These expenditures will be charged to account no. 001-1802-522- SECTION 3. This ordinance shall be read on two --.--parate days and shall become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, November 1, 2016 Adopted by the Board of Commissioners, November 15, 2016 Recorded by Tammara S. 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