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Home My WebLink About2015-03-8226192 186640 ORDINANCE NO. 2015 — 3- 8?? 6 AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING AND AUTHORIZING THE EXECUTION OF A FIRST AMEDMENT TO AGREEMENT AMONG THE CITY OF PADUCAH, KENTUCKY AND PEPSI MIDAMERCIA CO., FOR AN EXCLUSIVE BEVERAGE AND SNACK PROVIDER SERVICE CONTRACT IN PADUCAH PARKS FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAME. WHEREAS, on March 14, 2014, the City and Pepsi MidAmerica Co., a Missouri corporation, ("Pepsi") entered into an Agreement (the "Agreement") whereby the City agreed to grant Pepsi an exclusive beverage and snack vending provider contract for the term of the Agreement in consideration for a monetary contribution by Pepsi to the City in the amount Thirty -Two Thousand Five Hundred Fifty -Eight and 26/110 Dollars ($32,558.26) (the "Scoreboard Contribution") in the first year of the Agreement to be applied by the City toward the purchase of scoreboards and signage upgrades and installations at various City owned athletic facilities; and additional annual monetary contributions by Pepsi in the amount of Three Thousand and no/100 Dollars ($3,000.00) over the term of the Agreement to use by the City for park program scholarships; and WHEREAS, the City and Pepsi have agreed to amend the Agreement in order to modify the nature and terms of the Scoreboard Contribution by Pepsi. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. Recitals and Authorization. The City of Paducah, Kentucky, hereby approves the First Amendment to Agreement between the City and Pepsi in substantially the form attached hereto as Exhibit A and made a part hereof. It is hereby found and determined that the First Amendment is in the best interest of the citizens, residents and inhabitants of the City. The Mayor is hereby authorized to execute the First Amendment with such changes in the First Amendment that are 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. The approval of such changes by said official, and that such are not substantially adverse to the City, shall be conclusively evidenced by the execution of the First Amendment by such official. Section 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall 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 Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. u m:,�_. r c -n , - n 1 -.a {, ••f" -: {1-r. — ,.zl 7- ``T^91 I9uhm�-r{ ^u FTr'o: i, , I —inl1 v� - -- _ _ �J 193 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. Y y )<,t �A ATTEST: City Clerk Introduced by the Board of Commissioners, March 24, 2015 Adopted by the Board of Commissioners, March 31, 2015 Recorded by City Clerk, March 31, 2015 Published by The Paducah Sun,rnil , 2015 \ord\parks\agree-pepsi 1St amend $ �'�� 194 EXHIBIT A 186629 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT AGREEMENT made and entered into on this day of March, 2015 (the "Effective Date") by and among PEPSI MIDAMERCIA CO., a Missouri Corporation ("Pepsi"); and CITY OF PADUCAH, a Kentucky home rule class city having an address of 300 South 5t' Street, PO Box 2267, Paducah, KY 42002-2267 (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, on March 14, 2014, the City and Pepsi, entered into an Agreement (the "Agreement") whereby the City agreed to grant Pepsi an exclusive beverage and snack vending provider contract for the term of the Agreement in consideration for a monetary contribution by Pepsi to the City in the amount Thirty -Two Thousand Five Hundred Fifty -Eight and 26/110 Dollars ($32,558.26) (the "Scoreboard Contribution") in the first year of the Agreement to be applied by the City toward the purchase of scoreboards and signage upgrades and installations at various City owned athletic facilities; and additional annual monetary contributions by Pepsi in the amount of Three Thousand and no/100 Dollars ($3,000.00) over the term of the Agreement to use by the City for park program scholarships; and WHEREAS, the City and Pepsi have agreed to amend the Agreement in order to modify the nature and terms of the Scoreboard Contribution by Pepsi; and NOW THEREFORE, for and in consideration of $1.00 cash in hand paid, the receipt and sufficiency is hereby acknowledged by all parties, and the mutual covenants and conditions contained herein the parties agree as follows: 1. Amendment to the Agreement. The City and Pepsi expressly agree that the Scoreboard Contribution to be made by Pepsi is hereby amended and paragraph 1 of the Agreement is amended to read as follows: 1. Pepsi agrees to immediately provide to the City, six (6) scoreboards purchased by Pepsi, at its sole cost, from Sportable Scoreboards of Murray, which scoreboards have a fair cash value of $18,307.79. Further, Pepsi agrees to provide the City with a cash monetary contribution of Fourteen Thousand Two Hundred Fifty and 47/100 Dollars ($14,250.47) to be paid over the term of the Agreement, at the request of the City, which contribution shall be used for scoreboards and field signage upgrades and installations at various City owned athletic facilities. (Quotes and Example Images provided in Pepsi's Proposal.) Additionally, Pepsi agrees to provide an annual monetary contribution of Three Thousand and no/100 Dollars ($3,000.00) to the City for program sponsorship support, for each of the seven (7) years of this Agreement. This program sponsorship monetary contribution shall not exceed Twenty -One Thousand and no/100 Dollars ($21,000.00) in total. Pepsi's total cash monetary contributions to the City are not to exceed Thirty -Five Thousand Two Hundred Fifty and 47/100 Dollars ($35,250.47) over the life of this seven (7) year Agreement. 2. Reaffirmation of the Development 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. 3. Miscellaneous Provisions. This Agreement shall be fully binding upon the parties hereto and their heirs, successors, and assigns as of the Effective Date. IN WITNESS WHEREOF, the parties have respectively caused this Agreement to be executed on the day and year first above written. IIT 11111 1 ' i 1 ' ii 1 p , i1 1 ij,,�r. f-1 qr`-�-r, T-"-,-,],_-"T� lFmr"' . ��?s_L,9si:u m :1,��usW1WLilL J'- -1 l 1 _:_ _ _ L =JII. L i i x� 1 iI iJ I J I I_ - 11111 hell 195 PEPSI MIDAMERCIA CO. By:_ Title: CITY: CITY OF PADUCAH, KENTUCKY Mayor Gayle Kaler