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HomeMy WebLinkAbout03-31-15 Agenda PacketCALLED CITY CO1vMSSION MEETING AGENDA FOR MARCH 31, 2015 7:00 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET ROLL CALL INVOCATION ' PLEDGE OF ALLEGIANCE I. MOTION R & F Called Meeting Notice II. MUNICIPAL ORDERS A. Establish Economic Development Incentive Guidelines — CITY MGR/S. DARNELL B. Approve and Authorize Mayor to Execute Agreement with BBQ on the River, Inc. - CITY MGR III. ORDINANCES — ADOPTION A. Approval to Execute 2 -year Loan Guaranty for GPEDC for Information Age Park — J. PERKINS B. Revision to Pepsi Contract — TVI. THOMPSON C. Amendment of the Design Agreement for the Design of the Ohio River Shoreline — R. MURPHY D. Accept Bid for Video Security System at Police Department — POLICE CHIEF BARNHILL E. Purchase Real Property Located at 501 North 3rd Street — S. DOOLITTLE IV. ORDINANCE — INTRODUCTION Contract with Republic, Inc. for Recycling Services — CITY MGR V. EX. SESSION A. Personnel Issue Agenda Action Form Paducah City Commission Meeting Date: March 31, 201 Short Title: A MUNICIPAL ORDER ESTABLISHING POLICY AND GUILDLINES FOR PROVIDING ECONOMIC INCENTIVES TO QUALIFIED PROJECTS LOCATING WITH THE BOUNDARIES OF THE CITY OF PADUCAH AND MCCRACKEN COUNTY. ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Pederson, Doolittle, Perkins, Mur?hy, Hemdon, Copeland Presentation By: Pederson Bacicarot.tnd Information: A follow-up to the citizen survey that was conducted was the establishment of a committee to examine the city's role in economic development. The development of this order was the outcome from the committee discussions. The city uses, among oilier statutes, ordinances and policies, ivlunicipal Order 1714 to establish thresholds for the use of incentives used by the City tlu-ough its partner agency, Paducah Economic Development. It was passed in March of 2013. It replaced a previous order that directed much of the same policy. The existing order is rather minimal in nature. This municipal order seeks to bring greater definition to the appropriate use of incentives and a more logical process for evaluating prospects. Goal Strong Economy ❑ Quality Services❑ Vital Neighborhoods[] Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Approve Attachments: Department Bead City Clerk City Manager A MUNICIPAL ORDER ESTABLISHING POLICY AND GUIDEtIVES FOR PROVIDING ECONOMIC INCENTIVES TO QUALIFIED PROJECTS LOCXTING WITHIN THE BOUNDARIES OF THE CITY OF PADUCAH AND MCCRACKEN COUNTY WHEREAS, Paducah, Kentucky is a wonderful place to live and do business with thousands of businesses employing 37,000 people. With its pro-business attitude, abundant productive workforce, optimal geographic location along Interstate 24, and its reputation as the hub of the inland waterway system makes Paducah and McCracken County an ideal place for business investment; and WHEREAS, with the McCracken County per capita income being 21% lower than the average for Kentucky and the median household income being 31% lower than the State, Paducah seeks to improve quality of life by increasing the income of its residents; and WHEREAS, with the rate of poverty in Paducah being 24.1%, tivhich exceeds the state average by 2% and the national average by 34%, The City of Paducah seeks to reduce the rate of poverty through purposeful investment in job creation; and WHEREAS, Paducah experienced a 9% decrease in population in Paducah between 1980 and 2010 is deemed to be unacceptable; and WHEREAS, the vitality of the city and its ability to foster long term sustainability is dependent upon growth in industry and businesses through expansion, with the resulting increase in job opportunities and tax base for the funding of public services; WHEREAS, Cities and counties across the Commonwealth and the United States actively create, operate, and fund organizations whose principal charge is to assist with growing local industry as well as to recruit new industries to their jurisdictions. The City of Paducah allocates significant resources to the work of Paducah Economic Development for that purpose; and WHEREAS, the intense competition amongst political jurisdictions to attract and retain business demands that the City of Paducah and its economic development partners strategically employ methods and resources to attain success in the aforementioned areas; WHEREAS, Measures for determining the quality of a business prospect should minimally be job creation and retention, capital investment, economic outputs, and the increase of the tax base; and WHEREAS, financial incentives provided from public funds should move the community away from low skill, low paid jobs to higher skilled, better paid jobs. The City Commission desires to support strategies through its incentive policy that increase career opportunities by attracting high skilled, well- paid jobs in growing industries. Page 11 NOW THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH: I. PURPOSE The purpose of this document is to establish the official pDlicy and procedures of the City for the granting of economic development incentives and infrastructure assistance associated with projects within the city. The City of Paducah considers creation of adequately paid jobs for the citizens of Paducah and the expansion of the tax base to be a fundamental governmental interest. The City's objective is to enhancethe quality of life for its citizens by seeking employers who will establish new, or expanded, qualified projects within the City of Paducah or McCracken County. The City finds that such economic incentives fulfill a valid public purpose. II. POLICY To encourage economic development, business expansion, and job creation, the use of financial assistance will be used to further the city's goal of population growth, long-term economic growth and employment opportunities for its citizens. To achieve its objective, the City will, on a case by case basis, provide economic incentives as an inducement for qualified economic development. To achieve the City's goal of long-term economic growth, the selective use of incentives will be targeted toward businesses meeting the objectives defined below. It will be the policy of the City to reserve its highest incentives for projects that combine the best attributes of the expansion or creation of skilled jobs, pay and benefits, and capital investment. While the City recognizes the potential significance of including loans and grants in this Policy, it is recognized and understood that such will be available only upon determination that financial prioritiesand resources permit their use. III. OBJECTIVES The City's primary role in promoting the economic vitality of Paducah is to provide effective, efficient and economical core municipal services that benefit residents and businesses alike. The City's role in economic development programing is to provide an annual operating appropriation to assist Paducah Economic Development (PED) in staffing, marketing and general operations. The City of Paducah, through PED, seeks to selectively recruit business and industries that economically advances the interest of the entire community. The City will support strategies that: • Assist the expansion of existing businesses i;adustries, • Assist new business start-ups, • Recruit targeted companies from out-of-state, Page 12 • Recruit industries that employ high skill jobs, • Retains business and industries that pay well and employ skilled jobs, • Encourage and reward businesses seeking to locate or expand here to display good corporate citizenship by supporting the Chamber of Commerce, the PED, and local civic or philanthropic organizations. IV. CRITERIA FOR ECONOMIC INCENTIVES A proposal may be qualified and eligible for approval if the City Manager and the Board of Commissioners finds that the following criteria are substantially met: 1. The project is a basic industry which either retains, brings new, or expanded income into the City. The retail sector is not eligible. Types of acceptable industries are: • Heavy industrial, • Light manufacturing and distribution, • Information technology, • Value added agriculture, • River transportation and support businesses, • Or selected service industries. 2. Generally, for projects to be eligible for the city's financial incentives, it must meet the threshold and be qualified to receive incentives from the state. Exceptions may be considered for in-state projects. Benefits must be coordinated with the state's Cabinet for Economic Development. 3. The proposed project must either newly create 10 full-time jobs. The City will not provide incentives for part-time or temporary jobs. For the purpose of this policy, "part- time" meaning less than 35 hours per week. 4. At a minimum, the beginning salary should be not less than 100% of the per capita income (as calculated by the most current report of the United States Census Bureau http://www.census.gov/quickfacts/) of McCracken County. This does not include benefits. 5. The employer shall provide a premium contribution per employee of at least 50% of the lowest cost health plan premium (based on employee -only coverage) which is offered to employees considered full-time as defined by the Affordable Care Act or prevailing law. Page 13 b. At a minimum, makes a capital investment in land, buildings, leases and business equipment and machinery (except supplies or inventory) of at least $500,000 over two years, unless another date is mutually agreed. The economic incentives of the city, county, or state should not be computed in this calculation. 7. The project must meet all development policies of the city, including the application of building, electrical, and life safety codes and zoning. Furthermore, the project must be consistent with the City and County's adopted Comprehensive Plan. V. TYPES OF INCENTIVES The City of Paducah recognizes that the unique nature of each project requires flexibility in designing appropriate incentives. Therefore, the offering of an incentive, or combinations thereof, will be customized on a case by case basis. The list below is a summary of the various local and State programs which may be available to qualified projects. The city intends to scale its incentives with the quantity and quality of projects that meet or exceed the city's desired objectives. 1. City Grants: Provide investment capital to existing and new businesses which furthers the economic development objectives of Paducah. Grants are only available to new or expanding businesses that pay hourly or salaried wages above 125% of the per capita income (PCI) of McCracken County; and are expanding or locating 35 new jobs to Paducah. 2, Infrastructure Improvements: The City may assist the project by designing, constructing and maintaining basic infrastructure for the project such as, public streets, sidewalks, public sanitary or storm sewers, or other public utilities as may be required. The City will not design, construct, or maintain private roadways, or connections to public utilities. Infrastructure improvements are only available to new or expanding businesses that pay wages above 125% of the per capita income (PCI) of McCracken County; and are expanding or locating 50 new jobs to Paducah. 3. Tax Credits: The City may grant tax credits to eligible applicants. Up to 25% of the prospects net new taxable investment can be recovered over a negotiated term, not to exceed 10 years, with payroll tax. Tax credits are only available for the creation of jobs. On an annual basis the City of Paducah will return to the company the occupational wage taxes withheld by the company and paid to the City and not otherwise obligated for a state wage assessment program. The negotiated credits will be divided equally into the term. a) Between PCI and 12S% of PCI, $1,000 per job may be granted for a 5 year term. b) Between 12S% of PCI and 1S0%, up to $1,500 per job may be granted for a 5 year term. Page 14 c) Between 150% of PCI and MHI, up to $2,500 per job may be granted for a 7 year term. d) Above Medium Household Income (MHI), up to $4,300 per job may be granted for a 10 year term. 4. Real Property: When suitable, real property may be available. The City may consider proposals to convey or lease the property to a qualified project. The terms of the transfer or lease negotiable in each transaction but, where the City finds a valid public purpose is served, it may consider proposals to acquire or lease the property for consideration below market value. 5. Property Tax Exemptions: The City may authorize the use of Industrial Revenue Bonds (IRB) (KRS 103.210). IRB's can be used to finance rnanufacturing projects and their warehousing areas, major transportation and communication facilities, and some health care facilities. 6. Tax Increment Financing (TIF): For eligible projects, a "local only" TIF development area may be established by the City on vacant land. The City may pledge up to 100 percent of incremental property taxes and occupational license taxes or fees for up to 20 years. 7. Fee Waiver: The City Manager may waive, building and electrical permit fees as well as zoning and subdivision fees. 8. Expedited Plan Review: The City Manager may grant priority status to key economic development projects. The city's staff will work with the developers design professionals to produce a schedule that moves their projects as expeditiously as possible. The granting of expedited plan review does not mean that building and electric codes, development ordinances, and polices will be exempted or varied. In no way wil) any life safety code be compromised. VI. APPLICATION FOR ASSISTANCE All requests for assistance shall originate with the City Manager. The preliminary request for assistance should be in writing from PED and minimally contain the following elements: 1. A project summary. 2. Location map conceptually demonstrating existing and proposed improvements. 3. A description of the type of industry or business, its proposed employment, the projected wage and benefit rates, as well as the capital investment being proposed. 4. Information demonstrating the professional and financial capability to complete the project. 5. The timeline for completion. Page 15 6. A summary of the assistance requested of the city and from other units of government. The City Manager will facilitate the review of all requests originating with PED before they are considered by the City Commission. In preparing the review, the City Manager may utilize city staff and other resources. The City Manager may elect to use other professional assistance as deemed appropriate. If the City Manager determines that the proposal substantially meets the objectives of the city, and resources are available, then the proposal shall be presented to the Commission. For Commission consideration and prior to formal approval, additional written information will be required, including: 1. Verification of eligibility for the incentive sought. 2. Phone calls to listed references for banking, financing, major vendors, and customers. 3. Verification of major indebtedness with mortgage holders. 4. Review of the company's financial statements, including balance sheet, profit and loss statements, independent audits, cash flow projections, etc. S. Any significant negative aspect or information that may discredit the prospect. 6. Any other information that may be required in orderto make a sound judgment about the use of economic incentives for a particular project. 7. A cost -benefit analysis prepared by PED and reviewed by city staff. it is the policy of the city to incentive returned within a reasonable amount of time. 8. In exceptional cases, where the upfront incentive costs being offered by the City to the project exceed $1 million, then a 3`d party feasibility study may be required. That report should examine the market feasibility of the proposal. 9. A proposed draft of a Development Agreement prepared by PED in consultation with the City Manager. For sensitive information, the City may use, at its selection and discretion, a third party to review the information and make a summary report. Emphasis will be concentrated on areas that judge the applicant's ability to complete the project and operate profitably. VII. THE DEVELOPMENT AGREEMENT. The relationship between the prospect, PED, the City and its incentives being offered will, for every approval, be reduced to writing and approved by the City Commission. Minimally, the Development Agreement will contain: Page 16 1, Capital commitments of the company, including but not limited to: proposed investments being made in land, building, machineryand equipment. 2. Employment commitments of company including the employees being retained and new hires along with the commitments to pay and benefits required by the policy. 3. Commitment to keep all licenses and pay taxes and fees not otherwise waived or negotiated by the City. 4, Timelines for commencement of project and completion. S, Commit to progress reporting. Recipients of the Ciiy's incentives shall be required to report to the PED and City of Paducah on job creation, wages, benefits, capital improvements and other performance benchmarks at least annually and as requested during construction. Company shall agree to a verification process, such as auditing or cross checking against a separate reliable data source, 6. The economic inducement commitments along with the timeline for disbursements being made by PED and the City. 7. Statements regarding the recapture, reimbursement, or restructure mechanisms of the City's economic incentives if commitments of the proposing company are not met. 8. Any other requirements of a specific proposal. Vill. MICELLANEOUS 1. This Municipal Order repeals and replaces Municipal Order 1035 and 1714 which was adopted March 19, 2013. 2. Nothing herein is meant to prevent PED from periodically meeting with the Commission to inform them of the progress of specific proposals. 3. Commission Approvals Required. All promises for local financial assistance, state wage assessment program participation, or grant applications shall be formally approved by the City Commission in an open meeting. 4. Variance. The policy statements contained herein are important for improving the quality of life of the citizens of Paducah and McCracken County. All efforts should be made to adhere to policies promulgated regarding the quantities and qualities of job creation. Proposals that substantially meet the objects of the city will be considered. Proposal that marginally fall short of hiring, pay and benefits, and capital investment guidelines may be considered when it is in the best interest of the city to do so. Page 17 5. For the purpose of determining the precise economic impact of the proposal, wages should not be presented to the City as a blended rate. The proposal should be broken down into job classifications along with their respective wage rate. &. If requested to do so, and mutually agreed, McCracken County may participate with the City and equally share the cost of the incentives sought. IX. EFFECTIVE DATE This Municipal Order shall be effective upon the date of its adoption MAYOR ATTEST Tarnmara S. Sanderson, City Clerk Adopted by the Board of Commissioner Recorded by Tammara S. Sanderson, Page I L C: �- �C Z 0) Q ,� m O U > N U O_ CL 23) S O E OL O +--' O cn 0) cog r— O CO W Lc) C CL O > SJ O N U. �O 7 O C _0 C 0 O L O E OO Ocu U cz _ O a � U �U � �� o (0 N .N O) 'U (Q C Ln is > O O � Qi a c`nv $ C ° WE o E m '-fa Ln - 7C) Q a) N o g� x ° o O N Q1 +� C: O (1) C) t6 U 'O U r- , I LO N r -- Cl O O /- U TVC -0 LO _ O co L CL � Q O E } a -E Lr L U O E Ln _O co (0 L E n 4) S E } O C Lo Al!lueno qor = A oeidd-ti slman Xei Page 1 9 Agenda Action Form Paducah City Commission Meeting Date: March 31, 2015 Short Title: Contract with Barbecue on the River, Inc. ❑Ordinance ❑ Emergency [R Municipal Order ❑ Resolution ❑ Motion Staff Works By: Jeff Pederson Presentation By: Jeff Pederson Background Information: Barbeque on the River is an annual festival and community charitable event held in downtown Paducah that is linked to the City's goal to make Paducah a great place to live and a fun city to enjoy. Barbecue on the River is owned, organized and operated by BOTR, Inc. During its twenty years of existence, Barbecue on the River has become a significant fundraiser for non -profits, charities and other worthy causes. The City of Paducah desires to support Barbeque on the River and BOTR, Inc., through in-kind contributions and further desires to enter into an Agreement setting forth the obligations and duties required by both the City of Paducah and BOTR, Inc., to ensure the continued success of Barbecue on the River, which has become a downtown tradition. Goal: ❑Strong Economy ❑ Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Staff Recommendation: Enter into the attached Agreement setting forth the obligations and duties required by both the City of Paducah and BOTR, Inc., to ensure the continued success of Barbeque on the River. Attachments: Agreement Ordinance ;;�y Department Head City Clerk Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BARBEQUE ON THE RIVER, INC., FOR PROVIDING IN-KIND THE AVAILABLE PUBLIC RESOURCES, PERSONNEL AND PUBLIC RIGHT-OF-WAY NEEDED FOR THE SUCCESS OF THE BARBEQUE ON THE RIVER FUNDRAISER EVENT BE IT ORDERED BY THE CITY OF PADUCAH. KENTUCKY: SECTION 1. That the City of Paducah hereby approves the agreement with BBQ On The River, Inc., for providing in-kind the availablz public resources, personnel and public right-of-way needed for the success of the Biurbeque On the River fundraiser event. SECTION 2. That the Mayor is hereby authorized to execute the agreement approved in Section l above with Barbeque on the River, Inc. This agreement shall expire December 31, 2017. SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. ,Mayor ATTEST Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, March 31, 2015 Recorded by Tammara S. Sanderson, City Clerk, March 31, 201 Vmo\aa ee -bbq on the. river AGREEMENT This contractual Agreement is entered into on this day of , 2015, by and between the CITY OF PADUCAH, a municipal corporation (hereinalfer referred to as "City") and BARBECUE ON THE RIVER, INC., a Kentucky non-profit, tax-exempt corporation (hereinafter referred to as "BOTR, Inc.). RECITALS WHEREAS, Barbecue on the River is an annual festival and ccmmunity charitable event held in downtown Paducah and it is owned, organized and operated by BOTR, Inc.; and WHEREAS, Barbeque on the River is a tourism event and a charity fundraiser that is linked to the City of Paducah's goal to make Paducah a great place to live and afun city to enjoy, but it is neither owned nor operated by the City of Paducah; and WHEREAS, in its 20 years of existence, Barbecue on the River hes become a significant fundraising event for numerous other non -profits, charities and worthycauses, who depend upon the festival for their annual fundraising efforts; and WHEREAS, numerous interests, stakeholders, sponsors, businesses and citizens have demonstrated their support for Barbeque on the River by volunteering countless hours of service and donating substantial financial resources; and WHEREAS, the success conduct of the event requires extensive coordination with the City of Paducah, as well as other public agencies; and WHEREAS, the City of Paducah desires to support Barbeque on the River and BOTR, Inc. through in-kind contributions as described herein under the terms and conditions set forth in this Agreement; NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants as herein set forth, the parties do covenant and agree as follows; SECTION I: TERM. The term of this Agreement shall be for two (2) years commencing on January 1, 2015 and ending on December 31, 2017. SECTION 2: TERMINATION. Either party may terminate this Agreement ( and the associated Permit attached as Exhibit A ) (a) at any time by notice from the city manager or (b) upon failure of the other party to comply with any provision herein, provided any such party notifies the other in writing of such failure and the breaching party fails to correct the breach within one hundred twenty (120) days' notice. SECTION 3: OBJECTIVE. BOTR, Inc. shall organize, operate and oversee the annual festival and community charitable event known as Barbecue on the River. This shall specifically include documenting the distribution of charitable funds to the numerous other non -profits, charities and worthy causes, who depend upon the festival for their annual fundraising efforts. BOTR, Inc. shall also take all necessary steps to apply for a permit for the festival, through the City of Paducah's public assemblies ordinance permit process, ninety (90) days in advance of the festival date for the purpose of using public resources, personnel or public right-of-way. This Permit shall ( l) be incorporated by reference as if set Page 1 of 3 out in full in the Agreement, (2) become an integral part of this Agreement, and (3) attached hereto annually as Exhibit A. City shall work with and coordinate with BOTR, Inc. in providing in-kind the available public resources, personnel and public right-of-way needed for Barbecue on the River, to be determined and allocated in City's sole discretion, which shall not be unreasonably withheld from year to year. The in-kind available public resources provided shall be compared to 2014 as the base year. SECTION 4: ACCOUNTING AND REPORTING. BOTR, Inc. shall account and report to the City of Paducah as follows: A. Prior to November 15 of each year, BOTR, [tic. shall send a representative to the Paducah City Commission to report on the outcome of the year's festival, specifically including the distribution of funds to the other non -profits, charities and worthy causes, and to answer any questions from the commission. B. BOTR, Inc. shall conduct all accounting, payroll and financial management for Barbecue on the River and shall comply with all state and local laws, ordinances and regulations, specifically including those relating to licensing and taxes. This shall include the payment of all established fees for permits and/or utilities to appropriate agencies. This shall also include payment ( or ensuring payment is made by any parties contracting with BOTR, [tic. or operating during Barbecue on The River ) for the provision of additional off duty officers or security for the areas serving alcohol during the festival. C. Prior to June 30 of each year, BOTR, Inc. shal I send to the City of Paducah Finance Department the following documentation: a. A financial statement for the most recently ended calendar year (balance sheet and income statement) signed and dated, along with the following statement, "The undersigned does hereby certify and attest under oath that the information and statements contained herein, and any attachments thereto, are true and accurate." b. A copy of its most recently filed I.R.S. form 990; C. Confirmation of its current, tax-exempt status granted by the I.R.S. d. A list of all participating organizations, their donation amounts and the recipients within sixty (60) days of the last day of the event. D. BOTR, Inc. shall require any participating food vendor to donate a minimum of 20% of their net profits to their designated charity recipient, and shall prohibit any participating organization that fails to report or to donate this minimum from taking any part in the next year's festival. E. BOTR, Inc. agrees to provide City with notice of any change in its non-profit or tax- exempt status within then (10) days after any receipt of notification to BOTR, Inc. SECTION 5: BOARD REPRESENTATION. City and BOTR, Inc. agree that City shall be allowed one (1) ex -officio board member to serve on its board of directors. This ex -officio board member shall be the City Manager of the City of Paducah or his designee, who shall be a City of Paducah department head or member of the City of Paducah's professional staff. This ex -officio board member shall be entitled to notice of all board meetings, board minutes and board actions, and he/she shall be entitled to review the finances, tax exempt filings and/or final statements of BOTR, Inc. (outside of board meetings ) with reasonable, prior notice to the President or Secretary of the corporation. This ex - officio board member shall be indemnified and held harmless by the corporation the same as the other directors and as provided for in the corporation's articles. SECTION 6: INSURANCE. BOTR, Inc, agrees to obtain liability insurance covering the festival and all of its activities in an amount not less than One Million Dollars ($t,000,000). The policy Page 2 of 3 shall specifically list the City of Paducah as both a certificate holder and as an additional insured for the purpose of general liability coverage and/or any other coverages obtained by BOTR, Inc. Marine Industry Days and any other parties contracting with BOTR, Inc. or operating during Barbecue on The River are likewise required to obtain Liability insurance covering its activities in an amount not less than One Million Dollars ($1,000,000), and also naming the City of Paducah as both a certificate holder and as an additional insured for the purpose of general liability coverage anal/or any other coverages obtained for Marine Industry Days or any other parties contracting with BOTR, Inc. or operating during Barbecue on The River. Copies of certificates of liability insurance shall be provided to City ninety (90) days in advance of the festival date. SECTION 7. INDEMNIFICATION. To the fullest extent permitted by law, BOTR, Inc. shall defend, indemnify and save City harmless from any and all claims for property damage or other damage, injury or death arising out of, or in connection with, Barbecue on the River or its related activities. SECTION 8. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and all prior negotiations and agreements are merged herein. This agreement shall completely and fully supersede all other prior agreements, both written and oral, between the parties. Witness the signature of the parties as of the year and date first written above, CITY OF PADUCAH GAYLE KALER Mayor of the City of Paducah BARBEQUE ON TIIE RIVER, INC. SUZIE COINER President Page 3 of 3 Agenda Action Form Paducah City Commission Meeting Date: March 24, 2015 Short Title: Information Age Park Loan Guaranty — Renewal for 2 years ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Presentation By: Background ,Information: Jeff Pederson, Jonathan Perkins Jeff Pederson In 2003, The Kentucky Economic Development Finance Authority (KEDFA) reissued a loan of about $3.5 million to GPEDC for construction of the Information Age Park. KEDFA offered to reduce the interest rate on the loan from 8% to 3% and extend the loan terms for five more years at 2% interest if GPEDC made an immediate payment of $443,751. GPEDC negotiated a loan with Union Planters Bank (Regions Bank) for the payment of $443,751, subject to a guaranty by the City of Paducah and AfcCracken County. The original loan (loan number 37181533020001163021) of $443,751 to Regions Bank (formerly Union Planters Bank) was renewed in December 2014 for 2 years. Tlie current outstanding loan balance $321,437.97. GPEDC is obligated to annual minimum payments of $20,000 for principal, plus interest. Goal: ®Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: finance Staff Recommendation: Adopt an Ordinance authorizing the Mayor to execute a 2 -year Loan Guaranty instrument with Regions Bank. Department Head City Clerkqty anagen"—� S:Uon Perkins\WordkDebt Management\GPEDC, Regions Bank Loan Guarantee, File 13.12\GPEDC Loan Renewal with Regions Bank.Doc Agenda Action Form Paducah City Commission Meeting Date: March 24, 2015 Short Title: Contract for Exclusive Beverage Service in Paducah Parks Facilities ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Mark Thompson Presentation By: Mark Thompson Background Information: In March of 2014, Pepsi MidAmerica was awarded exclusive beverage service with all facilities under the jurisdiction of Paducah Parks Services for seven years. With that award ar anount up to $32,558.26 was set aside by Pepsi for purchase of scoreboards at various facilities over the Izngth of the contract. Pepsi MidAmerica purchases a number of scoreboards each year from Sportable Scoreboards of Murray. It has been determined that there is a substantial discount in a better grade scoreboards if Pepsi MidAmerica is allowed to purchase them directly and give them to the City for installation. Therefore I am asking for a reduction of $18,307.79 in the amount to be contributed by Pepsi MidAmerica over the term of the contract. This amount will be paid directly to Sportable Scoreboards of Murray for the purchasz of the fust six scoreboards. These scoreboards will be donated to the City by Pepsi for Noble Park and Paducah Recreation Center. The synopsis of the seven-year proposal by Pepsi for exclusive beverage reading rights for City parks programs and facilities shall be as follows: 1. Donation of 6 scoreboards with a total value of $18,307.79 2. A cash contribution of $14,250.47 to be paid over the term of the ccntract for scoreboard and signage, upgrade, and installation. 3. Pay to the City $3,000 annually for program sponsorship The total cash contribution remaining owed by Pepsi under the contract will be 535,250.47. Goal: []StrongEconomy ® Quality Services❑ Vitai Neighbo:bcods❑ Restored Downtowns Funds Available: Account Name: N/A Account Number: N/A Finance Staff Recommendation: Approval Attachments: Contract with Pepsi MidAmerica MHT Department Head City Clerk City Manager Agenda Action Forrn Paducah City Commission Meeting Date: March 24, 2015 Short Title: Amendment No. 1 to Design Agreement with the US Department of the Army for the Design of the Ohio River Shoreline Reconstruction Project ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On February 26; 2013, Ordinance 92013-02-8014 was adopted authorizing the Mayor to execute a Design Agreement between the Department of the Army and the City of Paducah, Kentucky, for design for the Ohio River Shoreline Reconstruction Project. This agreement consisted of the Preconstruction Engineering and Design (PED) activities associated specifically with Priority #1 - Pump Station Rehab portion of the Levee System Reconstruction Project. At this time, the Pump Stations Re4.abihtation plans and specifications are ongoing. With the design of the 1st Priority well underway, the USAGE wishes to amend the current Design Agreement to include the remaining Priorities of the Paducah Levee System Reconstruction Project, which consists of Priority 92 - Priority #7. The Priorities are as follows: Priority #I Pump Station Rehab Priority 92 Flap Gates Priority 93 Seal Closures Priority 44 Gate Wells Priority 45 T -Wail, Toe Drain, Water Stops, Misc. Priority #6 New Pump Station #14 Priority #7 I -Wall Investigation, Analysis, Remediation This Amendment Agreement estimates the Total Design Costs associated with the Rehabilitation Project to be $2,281,925, The Non -Federal Sponsor's (the City's) obligated contribution is 35% of the Total Design Costs, which is estimated to be $798,674. The 35% obligated share will be realized and distributed via In -Kind services and contributions, as well as some cash match over several budget cycles. Goal: ®Strong Economy ®Quality Services ®Vital Neigroorhoods ❑Restored Downtowns Finance Agenda Action Form Page 2 Funds Available: Account Name; Floodwall PED - USA.CE Design Contract Account Number: 040-3315-532-2307, Project Account; FW0006 Staff Recommendation: To adopt an Ordinance authorizing the ivlayor to execute an amended agreement entitled; "Amendment #1 to Design Agreement between the Department of the Army and The City of Paducah, Kentucky for Design for the Ohio River Shoreline, Paducah, Kentucky Reconstruction Project" and to authorize payment to FAO, USAED, Louisville, in an amount not to exceed $798,674, which is the City's 35% obligated portion of the estimated Total Design Costs associated with the Reconstruction Project, Attachments: Ordinance #2013-02-8014 Original Design Agreement Original Design Agreement depicting revisions Amendment # 1 Design Agreement Paducah LFPP - PED Budget Summary Depart/lentI ad ,� City Clerk Cii�,� Manager Agenda Action Form Paducah City Commission Meeting Date: March 24, 2015 Short Title: Accept Bid for Video Security System ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Tracy Lynch, Greg Dowdy, Chief Brandon Barnhill Presentation By: Chief Brandon Barnhill Background Information: In an effort to better secure the Paducah Police Department buildings, vehicles and equipment, the department desires to install security cameras throughout the property at 1400 Broadway, both inside department headquarters and outside. An ad requesting bids was placed and three sealed bids were received. After evaluating all three bids, it is recommended that the Commission accept the low lid of $34,782 from Alert Alarm Systems of Paducah. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Building & Improvements?iirce Account Number: 001-1601-521-4205 i Staff Recommendation: Accept the low bid of $34,782 from ert Alarm Systems of Paducah Attachments: Bid tab -----'Departjmpe0Head City Clerk Citi i la ager Agenda Action Form Paducah City Commission Meeting Date: March 31, 2015 Short Title: Contract with Republic, Inc. for Recycling Services ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson Presentation By: Jeff Pederson Background Information: Beginning April 1, 2015, Republic, Inc., shall provide drop -point recycling service for businesses and residences in the community, for a period of time while long-term facility needs are being determined. The City of Paducah shall pay Republic, Inc., the sum of $62 per ton for this service. Goal: ❑Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Approve contract with Republic; Inc. Attachments: Contract Ordinance I Department Head City Clete City Manager I