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Home My WebLink About04-14-15 Agenda PacketROLL CALL CITY COMMISSION NIEETING AGENDA FOR APR.XL 14, 2015 5:30 P.I. CITY HALL COMMISSION CH_MVIBERS 300 SOUTH FYI°"M STREET INVOCATION - itMichael Jenkins -Relevant Cltureli Youth Leader PLEDGE OF ALLEGIANCE — Brante Green, PTHS Senior ADDITIONS/DELETIONS PRESENTATIONS A) Mayor's Award of Merit Dauiel Mullen B) Duke & Duchess Awards 1) Steve Kettler, William Sturgis, & IN'anda iVlullinax-NVi.iliams 2) Dr. Jeffrey Seay C) Creative Cities LWary Hamntoud D) Summer Calendar for Special Events Afolly Tomasallo E) fountain Avenue Pat -k Development ]Mark Thompson, 'Mike Ni fuscarella & Monique Zuber I. MINUTES 11. APPOINTMENTS A. Tree Advisory Board B. Paducah Golf Commission I1I. MOTIONS A. R & F Documents IV. iNMUNICIPAL ORDER A. Personnel Actions B. Transfer Funds from Commission Condrlgency for Funding for UNESCO Artist Visitation — M. J-1.1 IRMOND C. Fire Prevention & Safety Grant — FURY, CHIEF KYLE D. KLC Safety Grant — POLICE CHIEF BARNIIILL E. Amend the Position & Pay Grade Schedltle to Amend Positions in the Engineering/Public Works Department — S. DOOLITTLE F. Amend the Pay Grade Schedule forthe. Engineering/Public Works Department - S. DOOLITTLE i V. ORDINANCES — INTRODUCTION A. Approve 3` Amendment to Cell Tower Agreement with AT&T — B. STRINGER B. Approve and Accept Grant Agreement for Foundation for a Health Kentucky — Investing in Kentucky's Future -- S. ERV'IN i C. Agreement with Kentucky Transportation Cabinet for Olivet Church Road Improvement Project -- R. MIURt'IIY D. Update the City's Procurement Code regulations to Conform to the Kentucky Revised Statutes CITYC:LERK E. Contract with Paducah -- McCracken County Convention & Visitors .Bureau — CITY MGR VI. CITY.MANAGER REPORT A. Fire Prevention Division Progress Report VII. 1\-IA.YOR & CO'\�INIISSIONER COi L IENTS VIIL PUBLIC COMMENTS IX. EXECUTIVE SESSION MARCH 24, 2015 At a Regular Meeting of the Board of Commissioners, held on Tuesday, March 24, 2015, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Kaler presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). Commissioner Gault was absent (1). INVOCATION Meghan Holland, Asst. Rector at Grace Episcopal Church, gave the invocation. PLEDGE OF ALLEGIANCE Paducah Tilghman High School Sophomore Meg Hancock led the pledge. PRESENTATION EMPLOYEE RECOGNITION FOR 20 YEARS OF SERVICE Mayor Kaler and the City Manager recognized the following employees: Tammy Sanderson, Steve Ervin, Nancy Upchurch, Stacey Grimes, Barry Carter, Jeff Montgomery, Brenda Johnson, Richard Krosp, and Luther Hayes Employees who were unable to attend the meeting to be recognized are as follows: Jonathan Perkins Brian Waid, Philip Weeks and Michael Orenduff RECOGNITION Asst. Fire Chief Gary Leneave recognized the `'West Kentucky Hawks" for winning the Kentucky State Special Olympics Championship. PROCLAMATION Mayor Kaler presented a proclamation to Neu roRestorative proclaiming March 2015 as Brain Injury Awareness Month. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the reading of the Minutes for the March 10, 2015 and March 17, 2015 City Commission meetings be waived and that the Minutes of said meetings prepared by the Cite Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and itilayor Kaler (4). APPOINTMENTS NUISANCE CODE ENFORCEMENT BOARD Mayor Kaler made the following reappointment: "WHEREAS, subject to the approval of the Board of Commissioners, I hereby reappoint Nick Warren as a member of the Nuisance Code Enforcement Board. This term will expire February 26, 2018." Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners approve the action of Mayor Kaler in reappointing Nick Warren as a member of the Nuisance Code Enforcement Board. MARCH 24, 2015 Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4)• PADUCAH-McCRACKEN COUNTY CONVENTION CENTER CORPORATION EXTENSION OF TERMS Mayor Kaler offered the following: '`WHEREAS, it is necessary to adjust the terms of six members of the Paducah McCracken County Convention Center Corporation to be in compliance with the 2011 bylaw revision of the Paducah McCracken County Convention Center Corporation; and WHEREAS, subject to the approval of the Board of Commissioners and jointly with the McCracken County Judge Executive, I hereby extend the terms of members Kyle Henderson, Darryl Pea, Brian Katz, Carla Berry, Alexandra Sherwood and Drew Hulette from January 1, 2018 to January 1, 2019," Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners approve the action of Mayor Kaler in adjusting the terms of Kyle Henderson, Darryl Pea, Brian Katz, Carla Berry, Alexandra Sherwood and Drew Hulette. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and iNlayor Kaler (4)- PADUCAH-NIeCRACKEN COUNTY CONVENTION CENTER CORPORATION Mayor Kaler jointly with McCracken County .fudge Execivive made the following appointment: "WHEREAS, subject to the approval of the Board of Commissioners and jointly with the McCracken County Judge Executive, I hereby appoint Mark Whitlow as a member of the Paducah McCracken County Convention Center Corporation." Commissioner Abraham offered motion, seconded by Cuinmissioner Rhodes, that the Board of Commissioners approve the action of Mayor Kaler in appointing Mark Whitlow to the Paducah McCracken County Convention Center Corporation. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Nlayor Kaler (4). MOTION R & F DOCUMENTS Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the following documents and bids be received and filed: DOCUMENTS 1. City of Paducah and McCracken County Declaration of A Local State of Emergency for March 4, 2015 and continuing 2. Contracts/Agreements: a. Change Order # 1 with Harper Construction, LLC for the Greenway Trail Phase II Project (ORD 9 2015-01-8213) MARCH 24, 2015 b. Grant Agreement with the Kentucky Office of Highway Safety for funding for the Roadside Drug Testing Pilot Program through the Paducah Police Department (ORD 2015-03-8218) c. Commencement Date Letter for the Lease Agreement with McCracken County, G.P.E.D.C., Inc., and TeteTech Services Corporation for 2301 McCracken Boulevard (MO # 1716) 3. Section 8 Revised Utility Allowances for Tenant -(Furnished Utilities and Other Services ( MO # 1825) 4. Section 8 PHA 5 -Year Plan (MO# 1824) 5. Section 8 Revised Administrative Plan (MO # 1826) 6. Edwin J. Paxton Park Financial Statements for 2011 BIDS FOR POLICE DEPARTMENT Video Security System 1. Alert Alarm Systems, Inc. 2. System Solutions 3. Tesco Solutions * Denotes Winning Bid Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kater (4). MUNICIPAL ORDERS PERSONNEL ACTIONS Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order- that the personnel changes on the attached list be approved. (MUNICIPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). APPROVE APPLICATION FOR HOUSEHOLD HAZARDOUS WASTE GRANT (2016 CLEAN UP DAY) Commissioner Abraham offered motion, seconded by Commissioner Wilson, that a Municipal Order entitled, "A MUNICIPAL ORDER At)'[ IIORIZING THE MAYOR TO EXECUTE A 2015-2016 KENTUCKY HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT IN THE AMOUNT OF $32,000 TO ASSIST IN FUNDING THE CITY/COUNTY A� 1 AL CLEAN-UP DAY", be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). M.0.41827; BK 9 APPROVE APPLICATION FOR A RECREATIONAL TRAILS GRANT MARCH 24, 2015 Commissioner Rhodes offered motion, seconded by Coro rnissioner Wilson, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A 2015 RECREATIONAL TRAILS PROGRAM MATCHING GRANT IN THE AMOUNT OF $100,000.00, FUNDED THROUGH THE MOVING AHEAD FOR PROGRESS IN THE 21sT CENTURY (MAP -21) ACT, ADMINISTERED BY THE DEPARTMENT FOR LOCAL GOVERNMENT, FOR CONSTRUCTION OF A WALKING TRAIL IN THE FOUNTAN AVENUE PARK ALSO KNOWN AS 14TH" STREET PARK," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Kaler (4). M.O.#1828; BK 9 ORDINANCES — INTRODUCTON APPROVAL TO EXECUTE 2 -YEAR LOAN GUARANTY FOR GPEDC FOR INFORMATION AGE PARK Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONIMERCIAL GUARANTY LOAN INSTRUMENT WITH REGIONS BANK FOR THE BENEFIT OF THE GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL (GPEDC)". This ordinance is summarized as follows: That the City of Paducah hereby authorizes the Mayor to execute a 2 -year Commercial Loan Guaranty Instrument with Regions Bank in the amount of $321,437.97 for a loan re -issued to Greater Paducah Economic Development Council for the construction of the Information Age Park. REVISION TO PEPSI CONTRACT Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "ANI ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING AND AUTHORIZNG THE EXECUTION OF A FIRST AMENDNIENT TO AGREEMENT AMONG THE CITY OF PADUCAH, KENTUCKY AND PEPSI MIDAMEPJCA CO., FOR AN EXCLUSIVE BEVERAGE AND SNACK PROVIDER SERVICE CONTRACT IN PADUCAH PARKS FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAME." This ordinance is summarized as follows; This Ordinance authorizes the City of Paducah, Kentucky to approve and enter into a First Amendment to Agreement between the City of Paducah, Kentucky and Pepsi MidAmerica Co., granting an exclusive beverage and snack vending provider contract to Pepsi, which amendment modifies the nature and terms of the scoreboard contribution by Pepsi. The Ordinance approves the form of the First Amendment presented to the Board of Commissioners of the City, with such changes therein as shall not be adverse to the City and may be approved by the Mayor. ANIENDMENT OF THE DESIGN AGREEMENT FOR THE DESIGN OF THE OHIO RIVER SHORELINE Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. I TO THE DESIGN AGREEMENT WITH THE DEPARTMENT MARCH 24, 2015 OF THE ARMY, REPRESENTED BY THE DISTRICT ENGINEER, U,S, ARMY ENGINEER, LOUISVILLE D[STRICT FOR DESIGN' FOR THE OHIO RIVER SHORELINE, PADUCAH, KENTUCKY RECONSTRUCTION PROJECT". This ordinance is summarized as follows: The City of Paducah hereby approves and authorizes the Mayor to execute Amendment No. I to the Design Agreement with the Department of the Army, represented by the District Engineer, U.S. Army Engineer, Louisville District, for design for the Ohio River Shoreline Reconstruction Project. This amendment modifies the original agreement to include not only Paducah Levee System Reconstruction Project, Priority 91, but Priority 42 through#7. Further, this agreement obligates the City to contribute 35% of the total design costs associated with the Reconstruction Project, which is projected to be approximately $2,281,925.00. Part of this amount can be credited by in-kind services by City staff and/or City expenditures/resources. ACCEPT BID FOR VIDEO SECURITY SYSTEM AT POLICE DEPARTMENT Commissioner Wilson offered motion, seconded by Conurnissioner Rhodes, that the that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF ALERT ALARM SYSTEMS OF PADUCAH FOR THE PURCHASE AND INSTALLATION OF AN IP BASED CAMERA SURVEILLANCE SYSTEM FOR THE PADUCAH POLICE DEPARTMENT AND REAR BUILDING LOCATED AT 1400 BROADWAY, AND AUTHORING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of Paducah accepts the bid of Alert Alarm Systems, Inc., in the amount of $34,782 for the purchase and installation of an IP Based Camera Surveillance System for the Paducah Police Department and rear building located at 1400 Broadway and authorizes the Mayor to execute a contract for same. PURCHASE REAL PROPERTY LOCATED AT 501 N 31tD ,STREET Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING AND APPROVNG THE PURCHASE OF CERTAIN TRACTS OF REAL ESTATE GENERALLY LOCATED AT 501 NORTH 3RD STREET, PADUCAH, McCRACKEN COUNTY, KENTUCKY, FROM KENTUCKY HOLDINGS I, LLC, FOR A PUBLIC PURPOSE", This ordinance is summarized as follows: This Ordinance authorizes the City of Paducah, Kentucky, to purchase certain tracts of real estate generally located at 501 North 3rd Street, Paducah, McCracken County, Kentucky, for a public purpose from Kentucky Holdings 1, LLC, a Delaware corporation for a purchase price of TWO HUNDRED FIFTY-SEVEN THOUSAND TWO HUNDRED TWENTY- SEVEN AND 971100 DOLLARS ($257,227,97). CITY MANAGER REPORT Public Information Officer Pam Spencer reported Republic Services will provide a drop off point for recyclables at their transfer station location on Burnett Street due to the closure of GPSP Recyclables on March 27`n. Hours are from 7:00 a.m. to 4:00 p.m. Monday through Friday and 7:00 a.m. to 12:00 p.m. on Saturdays. MAYOR AND COMMISSIONER COMMENTS MARCH 24, 2015 Commissioner Abraham asked for an update for summer events going on at the riverfront and downtown. PUBLIC COMMENTS None were given. Upon motion the meeting adjourned. ADOPTED: APRIL t4, 2015 City Clerk Mayor April 14, 2015 I move that the following documents be received and filed: DOCUALENTS Certificates of Liability Insurance: a. Hansen Brothers Concrete b. ICA Engineering, Inc. c. Circo, LLC. d. Bill Adams Construction, Inc. Right of Way Bonds: a. Bill Adams Construction, Inc. b. Hansen Brothers Concrete Notice of Cancellation for the Board of Commissioners of the City of Paducah, Kentucky for Tuesday, April 7, 2015 Official Certification and Cumulative Report for the McCracken County General Election held on November 4, 2014 Market House Theatre of Paducah, Kentucky, Inc. Financial Statements for years ended June 30, 2014 and 2013. Yeiser Art Center, Inc. Form 990 -EZ for calendar year 2013 CITY OF PADUCAH April 14, 2015 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached Iistbe approved. City Manager's Sig ture Date EPW -STREET Johnson, Rick Ross, Pat (Keith) PARKS SERVICES Abernathy, Jordan K Coleman, Amber M De La Paz, Raul Horned, Emme C Jordan, Diamond R Martin, John W McCallum, Anntoinette Marie fvleier, Noranda A Moneymaker, Melissa Oliver, Mekala E Owen, Taylor T Quigley, Brett Smith, Cenae A Sparks, Hali Ann Thomas, Rebekah A Winters, Nicole M PARKS SERVICES Penix, Bruce W FIRE PREVENTION Jones, David A CITY OF PADUCAH PERSONNEL ACTIONS April 14, 2015 NEW HIRE - FULL-TIME (FIT) POSITION ROW Maintenance Person ROW Maintenance Person RATE NCS/CS FLSA EFFECTIVE DATE $15.72/Hr NCS Non -Ex April 15, 2015 $16.60/Hr NCS Non -Ex April 15, 2015 NEW HIRES - PART-TIME [PIT)/TEMPORARY/SEASONAL POSITION RATE NCS/CS FLSA EFFECTIVE DATE Lifeguard $8.00/Hr NCS Non -Ex May 7, 2015 Pool Attendant $7.50/Hr NCS Non -Ex May 18, 2015 Recreation Leader $8.00/Hr NCS Non -Ex April 9, 2015 Lifeguard $8.00/Hr NCS Non -Ex May 7, 2015 Recreation Leader $8.00/Hr NCS Non -Ex April 9, 2015 Lifeguard $8.00/Hr NCS Non -Ex May 7, 2015 Pool Attendant $7.50/Hr NCS Non -Ex May 14, 2015 Head Lifeguard $8.40/Hr NCS Non -Ex May 14, 2015 Sports Official $20.00/Game NCS Non -Ex April 9, 2015 Lifeguard $8.00/Hr NCS Non -Ex May 7, 2015 Lifeguard $8.00/Hr NCS Non -Ex May 7, 2015 Lifeguard $8.00/Hr NCS Non -Ex May 7, 2015 Pool Attendant $7.50/Hr NCS Non -Ex May 14, 2015 Pool Attendant $7.50/Hr NCS Non -Ex May 14, 2015 Recreation Leader $8.00/Hr NCS Non -Ex April 9, 2015 Pool Manager $10.00/Hr NCS Non -Ex May 7, 2015 TERMINATIONS - PART-TIME PITIITEMPORARYISEASONAL POSITION REASON Park Ranger Resignation EFFECTIVE DATE March 19, 2015 PAYROLL ADJUSTMENTSIT RAN SF ERSIPROMOTIONSITEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY Parks Laborer Code Enforcement Officer I NCS Non -Ex April 16, 2015 $16.76/Hr $18.00/Hr Agenda Action Form Paducah City Commission Meeting Date: April 14, 2015 Short Title: Funding for UNESCO Artist Visitation ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Presentation By: Background Information: Claudia Meeks/Jeff Pederson Mary Hammond Mary Hammond, Paducah/McCracken County Convention and Visitors Bureau, has requested that the City assist in funding a visit by Sandro Tiberi, Master Papermaker from Fabriano, Italy. Attached is a Press Release detailing the upcoming visit. Funds Available: Account Name: City Commission Contingency Account Number: 001-0102-511-3909 Finance Staff Recommendation: Approve payment to the Convention Visitors Bureau in the amount of $700 to assist in funding a UNESCO Artist Visitation Attachments: Press Release Municipal Order MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $700 FROM THE COtAMISSION CONTINGENCY ACCOUNT TO THE GENERAL GOVERNMENT -MAYOR & COMMISSIONERS PROMOTION ACCOUNT TO BE USED TO ASSIST LSI FUNDING A UNESCO ARTIST VISIT BE IT ORDERED BY THE CITY OF PADUCAII, KENTUCKY: SECTION 1. The Finance Director is hereby authorized and directed to transfer $700, From the Commission Contingency account to the General Government - Mayor & Commissioners Promotion Account to be used to assist ir funding a UNESCO artist visit. SECTION 2. This Order shall be in full force and effect From and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, April H, 2015 Recorded by Tammara S. Sanderson, City Cleric. April Irl, 2015 1mc\BT-UNESC0 Artist Funding Claudia Meeks From: Rosemarie Steele <rosemarie.steele@comcast.net> Sent: Wednesday, April 08, 2015 7:54 AM To: Rosemarie Steele Subject: Master Papermaker from Fabriano, Italy, slated to participate in Paducah's Artist -in - Residence Program Attachments: Papermaker Sandro Tiberi Press Release.pdf FOR IMMEDIATE RELEASE Contact: Rosemarie Steele, Paducah Arts Alliance rosemarie.steele(a7comcast.net • 270.331.5588 Master Papermaker from Fabriano, Italy, slated to participate in Paducah's Artist -in -Residence Program Paducah Arts Alliance snakes its first creative connection with artist from sister UNESCO City of Crafts & Folk Art Paducah., KY, April 8, 2015—The Paducah Arts Alliance (PAA) is pleased to announce that Sandro Tiberi, Master Papermaker from Fabriano, Italy, will be the next participant in the Artist -in -Residence Program. Tiberi will arrive at Barkley Regional Aiiport on April 1 1 for a weeklong residency at Pinecone Gallery, 421 N, 7th Street in Lower Town. An expert in the manufacture of handmade paper, Tiberi is a lecturer and consultant in the development of laboratories for the production of handmade paper. He also collaborates with various associations for people with disabilities, involving them in the manufacture of handmade paper as a method of social reintegration, Tiberi's hometown of Fabriano was designated an UNESCO (United Nations Educational, Scientific and Cultural Organization) Creative City in the area of Crafts and Folk Art along with Paducah in October 2013. As early as the 13th century, Fabriano was one of the first places in Europe to make high-quality paper on an industrial scale. Fabriano's long standing reputation for fine watermarked paper continues to be highly regarded by today's artists. Tiberi's creative installations and workshops made a (I,;cisive contribution to Fabriano's recognition as an UNESCO City of Crafts and Folk Art. His paper installations have been exhibited at the UNESCO headquarters in Paris, France. Tiberi's connection to Paducah is a direct result of the UNESCO Creative Cities Network. In June 2014, the City of Fabriano hosted an annual meeting for the designated Cities of Crafts and Folk Art, at which Mary Hammond and Laura Schaumburg of the Paducah Convention & Visitors Bureau represented Paducah. Tiberi's hope is that this creative connection will eventually result in a collaborative papermaking production operation in Paducah. During this weeklong residency, Tiberi will be building personal and professional relationships, collaborating with Paducah artists and experiencing the artistic assets of our American UNESCO City of Crafts and Folk Art. He will be visiting the museums and galleries, attending cultural events, and sampling the local flavor of Paducah's unique dining establishments. For more information or to set up an interview with Sandro Tiberi, contact Rosemarie Steele - Cell: 270.331.5588, E -mai[: rosemarie.steelena comcast.net or Freda Fairchild, PAA president - Cell: 270.519.2341, E-mail: fredafAgmail.com. For more information regarding the artist, visit his website at sand rot]beri.com. About Paducah Arts Alliance Paducah Arts Alliance initiated the Artist -in -Residence Program in 2008 with funds provided by the City of Paducah. The program was established to enhance Paducah's identity as an international art community and to promote the growth of individual artists through education and outreach programs. Since January 2009, PAA has hosted more than 40 visiting American and international artists from 14 states and 5 countries. Over the past six years, resident artists have conducted more than 50 events, if hick include workshops, lectures, exhibitions, performances and installations. The Paducah Arts Alliance No 501c3 organization. NO Photo; SandroTiberi_Fabriano.jpg Master Papermaker Sandra Tiberi demonstrates the process of his fine craft to an attentive audience in Fabriano, Italy. Agenda Action Form Paducah City Commission Meeting Date: 14 March 2015 Short Title: FY2014 Fire Prevention and Safety Application ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Notion Staff Work By: Greg Cherry, Sheryl Chino Presentation By: Chief Steve Kyle, Steve Ervin Background Information: The Department of Homeland Security, Federal Emergency Management Agency (FEMA) offers the Fire Prevention and Safety Grant (FP&S) allowing departments to reach a higher level of safety in relation to fire and fire -related hazards in orderlo mitigate incidences. The Paducah Fire Department proposes to submit a grant application to the Department of Homeland Security, Federal Emergency Management Agency (FEMA) for the FY2014 Fire Prevention and Safety Program. The total project cost is estimated to be $27,344,00. The Paducah Fire Department will use the funding, if awarded, to provide training to fire department staff related to the arson program, juvenile fire setter program, fire prevention programs; as well as, NFPA classes. This program requires a five percent (5%) cash match in the amount of $1,367,20 that will be provided thrcui'i the Fire department's anticipated FY2016 department training budget. Goal: ❑Strong Economy ® Quality Services[] Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Project Number.- Staff umber: Staff Recommendation. Authorize the mayor to execute all grant application documents and authorize the planning department to submit the grant application via the FEMA grant portal. Attachments: None Plannina Deot. Head MUNICIPAL ORDER NO, A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION AND ALL DOCUMENTS NECESSARYTHROUGH THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, FOR A MATCHING GRANT IN THE AMOUNT OF $25,976.80 FOR THE PADUCAH FIRE DEPARTMENT'S 2014 FIRE PREVENTION AND SAFETY PROGRAM BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION L The Mayor is hereby authorized to execute a grant application and all documents necessary through the Department of Homeland Security, Federal Emergency Management Agency, for a matching grant in the amount of $25,976.80 for the Paducah Fire Department's 2014 Fire Prevention and Safety Program for funding to provide training to fire department staff related to the arson program, juvenile fire setter program, fire prevention programs; as well as, NFPA classes. Local cash match will be in the amount of $1,367.20. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopter) by the Board of Commissioners, April 14, 2015 Recorded by Tammara S. Sanderson, City Clerk, April 14, 2015 \moAgrants\fire-homeland security FENTA 4-2015 Agenda Action Form Paducah City Commission Meeting Date: 14 4ril 2015 Short Title: 2015 Kentucky League of Cities (KLC) Insurance Services Safety Grant Application ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ hiotion Staff Work By: Brandon Barnhill; Stacey Grimes; Sheryl Chino Presentation By: Brandon Barnhill Background Information: KLCIS Safety Grant Program was developed iir. 1599 as a way for members to stretch our safety budget. This grant has a 50150 matching funds safety grant program that will reimburse a city up to $3,000 for prior -approved items/equipment that will reduce Workers' Compensation exposures. In 2014, the City received funding to reimburse the Police Department for reaccreditation fees and to purchase engineered wood fiber for the Kolb and Stuart Nelson Playgrounds. For this funding cycle, the Paducah Police Department is applying for reimbursement for the purchase of 126 replacement cartridges for gas masks. The Police Department will apply fcr $3,000 from KLC and the required match will be $3,090. The matching funds will come from the Police Department's FY2015 budget. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Authorize and direct the Mayor to sign all required grant application documents. Attachments: None Police Dept. City Clerk City ane MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A 20t5 MATCHING INSURANCE SERVICES SAFETY GRANT AWARD IN THE AMOUNT OF $3,000 FROM THE KENTUCKY LEAGUE OF CITIES FOR REIMBURSEMENT FOR THE PURCHASE OF REPLACEMENT CARTRIDGES FOR GAS MASKS BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION L The Mayor is hereby authorized to execute at[ documents necessary to obtain a 2015 matching Insurance Services Safety Grant in the amount of $3,000 from the Kentucky League of Cities for reimbursement for replacement of 126 replacement cartridges for gas masks for the Paducah Police Department. Matching funds in the amount of $3,090.00 will be provided through the Paducah Police Department's FY2015 budget. SECTION 2. This order will be in full force mid effect From and after the date of its adoption. Mayor ATTEST Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, April Id, 2015 Recorded by Tammara S. Sanderson, City Clerk, April Id. 2015 \nto\grants\klc safety grant 2015 Agenda Action Form Paducah City Commission Nleeting Date: April 14, 201 5 Short Title: A MUNICIPAL ORDER AMENDING SECTIONS OF THE FY2014-2015 POSITION AND PAY SCHEDULE OF THE CITY OF PADUCAH, KENTUCKY ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Doolittle Presentation By: Doolittle Background Information: This proposed action will amend Municipal Order The summary of the single change is as fotlows: Abolish the position of Master Electrician and create the position of Journeynlan Electrician in the Engineering/Public Works Department. The Journeyman position is currently vacant. Goal: ❑Strong Economy Z Quality Services[—] Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: NA Account Number: NA Finance Staff Recommendation: Approve Attnchme. nts: MUNICIPAL ORDER NO. A MUNICIPAL ORDER AMENDING SECTIONS (H) ENGINEERING/PUBLIC WORKS DEPART?vLENT TO DELETE THE POSITION OF MASTER ELECTRICIAN AND CREATE THE POSITION OF JOURNEYMAN ELECTRICIAN OF THE FY2014-2015 POSITION AND PAY SCHEDULE FOR THE FNIPLOYEES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby amends Section (H) Engineering\Public Works Department to delete the position of Master Electrician and create the position of Journeyman Electrician of the FY2014-2015 Position and Pay Schedule for the employees of the City of Paducah as attached hereto. SECTION 2. This Order will be in full force and effect from and after the date of its adoption, Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Comntissioners, April la, 2015 Recorded by Tantmara S. Sanderson, City Clerk, April U, 201 i mo/Position and Pay Schedule 4 H 15 Agenda Action Form Paducah City Commission Meeting Date: April 14, 2015 Short Title: AN AMENDMENT TO MUNICIPAL ORDER TO CREATE "A MUNICIPAL ORDER ADOPTING THE FY2014-2015 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY" ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Doolittle Presentation By: Doolittle Background Information: This proposed action will amend Municipal Order 1750. The summary of the change Abolish the position of Master Electrician, Grade L and create the position Of JOUrneVrnan Electrician. Grade 1. UVith the retirement of the Master Electrician, EPW believes we can downgrade this position to Journeyman and save several thousands of dollars in salary and not decrease service. Goal: ❑Strong Economy ® Quality Services❑ vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: NA Account Number: NA Staff Recommendation: Approve Attachments: Finance Department Head City Clerk Cit 9 Finance MUNICIPAL ORDER NO. A MUNICIPAL ORDER AMENDING THE FY 2014/2015 PAY GRADE SCHEDULE FOR THE CITY OF PADUCAH EMPLOYEES TO CREATE THE POSITION OF JOURNEYbIAN ELECTRICIAN AND ABOLISH THE POSITION OF MASTER ELECTRICIAN BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby amends the FY20 t4-2015 Pay Grade Schedule for the employees of the City of Paducah, Kentucky, by abolishing the position of blaster Electrician and creating the position of Journeyman Electrician, in the schedule as attached hereto. SECTION 2. This Order will be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, April 24, 2015 Recorded by Tammara S. Sanderson, City Clerk, April 24, 2015 \moApay grade schedule- 4-14-15 New Hire Range Market Range Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mi8-Point 3rd Qrt 4th Premium Firefighter (Appointee) A $23,533 $26,159 $28,785 $31,462 $34,138 Account Clerk B $24,644 $27,435 $30,224 532,990 $35,754 Admin Asst 1 B $24,644 $27,435 $39,224 $32,990 $35,754 Accounts Payable Clerk C $25,957 $28,847 $31,735 $34,705 $37,673 Admin Asst }1 C $25,957 $28,847 $31,735 $34,705 $37,673 Code Enforcement Assistant C $25,957 $28,847 $31,135 $34,705 $37,673 Evidence Technician I C $25,957 $28,847 $31,735 $34,705 $37,673 Laborer C $25,957 $28,847 $31,735 $34,705 $37,673 Permit Specialist C $25,957 $28,847 $31,735 $34,705 $37,673 Records Clerk 1 C $25,957 $28,847 $31,735 $34,705 $37,673 Revenue Technician C $25,957 $28,847 $31,735 $34,705 $37,673 ROW Maintenance Person C $25,957 $28,847 $31,735 $34,705 $37,673 Solid Waste Truck Driver C $25,957 $28,847 $31,735 $34,705 $37,673 Administrative Asst III D $27,169 $30,246 $33,322 $36,356 $39,390 Records Clerk II D $27,169 $30,246 $33,322 $36,356 $39,390 Concrete Finisher E $28,583 $31,786 $34,988 $38,199 $41,410 Equipment Operator E $28,583 $31,786 $34,988 $38,199 $41,410 Firefighter E 1 $28,583 $31,786 $34,988 $38,199 $41,410 Maintenance Technician E $28,583 $31,786 $34,988 $38,199 $41,410 Permit Technician E $28,583 $31,786 $34,988 $38,199 $41,410 Recreation Specialist E $28,583 $31,786 $34,988 $38,199 $41,410 Records Clerk III E $28,583 $31,786 $34,988 $38,199 $41,410 Traffic Tech E $28,583 $31,786 $34,988 $38,199 $41,410 Asst. City Clerk F $29,997 $33,367 $36,738 $40,134 $43,531 Cemetary Sexton F $29,997 $33,367 $36,738 $40,134 $43,531 Compost Equipment Operator F $29,997 $33,367 $36,738 $40,134 $43,531 Evidence Tech II F $29,997 $33,367 $36,738 $40,134 $43,531 Executive Asst i F $29,997 $33,367 $36,738 $40,134 $43,531 Firefighter Relief Driver F $29,997 $33,3657 $36,738 $40,134 $43,531 FioodwaL Operator F $29,997 $33,367 $36,738 $40,134 $43,531 Code Enforcement Officer I G $31,512 $35,043 $38,575 $42,113 $45,652 Fleet Mechanic I G $31,512 $35,043 $38,575 $42,113 $45,652 HR Generalist G $31,512 $35,043 $38,575 $42,113 $45,652 Fire Lieutenants H $33,027 $36,765 $40,503 $44,189 $47,874 Help Desk Technician H $33,027 $36,765 $40,503 $44,189 $47,874 Housing Specialist H $33,027 $36,765 $40,5U.3 $44,189 $47,874 Events & Promotions Specialist H $33,027 $36,765 $40,5013 $44,189 $47,874 Marketing Specialist H $33,027 $36,765 $40,503 $44,189 $47,874 Fire Captains 1 $34,744 $35,637 $42,528 $46,464 Fleet Mechanic II 1 $34,744 $38,637 $42,528 $46,464 $50,399 Executive Asst 11 1 $34,744 $38,637 $42,528 $46,464 550,399 Journeyman Electrician 1 $34,744 $38,637 $42,528 $46,464 $50,399 Office Manager } $34,744 $38,637 $42,528 $46,464 $50,399 Accountant J $36,461 $40,558 $44,655 $48,739 $52,823 Deputy Building Inspector I J $36,461 $40,558 $44,655 $48,739 $52,823 Deputy Electrical Inspector 1 .1 $36,461 $40,558 $44,655 $48,739 $52,823 Code Enforcement 8 1 $36,461 $40,558 $44,655 $48,739 $52,823 Deputy Fire Marshal 1 J $36,461 $40,558 $44,655 $48,739 $52,823 Engineering Asst I J $36,461 $40,558 $44,655 $48,739 $52,823 Network Technician J $36,461 $40,558 $44,655 $48,739 $52,823 Police Officer J $36,461 $40,559 $44,655 $48,739 $52,823 Revenue Auditor J $36,461 $40,558 $44,655 $48,739 $52,823 Records Division Manager K 1 $38,279 $42,584 $46,887 $51,219 $55,550 New Hire Range Market Range Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid -Point 3rd Qrt 4th Premium Crime Analyst K $38,279 $42,584 $46,887 $51,219 $55,550 Deputy Building Inspector II L $39,087 $44,159 $49,232 $54,310 $59,388 Deputy Electrical Inspector II + Plan L $39,087 $44,159 $49,232 $54,310 $59,388 Code Enforcement Supervisor L $39,087 $44,159 $49,232 $54,310 $59,388 Engineer Asst 11 L $39,087 $44,159 $49,232 $54,310 $59,388 Fire Marshall h L $39,087 $44,159 $43,232 $54,310 $59,388 Grants Administrator L $39,087 $44,159 $42,232 $54,310 $59,388 ^',n tei:Eleet.icvn L $39,087 $44,159 $49,232 $54,310 $59,388 Parks Maintenance Supervisor L $39,087 $44,159 $49,232 $54,310 $59,388 Planner I L $39,087 $44,159 $49,232 $54,310 $59,388 EPW Supervisor -(Compost Operations, Fleet, Maintenance, Street, Solid Waste) L 1 $39,087 $44,159 $49,232 $54,310 $59,388 Chief Electrical Inspector M $41,006 $46,350 $51,694 $57,005 $62,317 Community Development Planner M $41,006 $46,350 $51 _694 $57,005 $62,317 Deputy Building Inspector III/Plan Review M $41,006 $46,350 $51-:694 $57,005 $62,317 Downtown Development Specialist IVI $41,006 $46,350 $51,694 $57,005 $62,317 Engineer Asst III N1 $41,006 $46,350 $51,694 $57,005 $62,317 Fire Marshall III M $41,006 $46,350 $5L,694 $57,005 $62,317 Planner Il M $41,006 $46,350 $SL,694 $57,005 $62,317 Special Events Coordinator M $41,006 $46,350 $51,694 $57,005 $62,317 Chief Building Inspector N $43,127 $48,703 $54,278 $59,914 $65,549 Battalion Chief N $43,127 $48,703 $54,278 $59,914 $65,549 Engineer Project Manager N $43,127 $48,703 $54,278 $59,914 $65,549 Fire Marshall N $43,127 $48,703 $54,278 $59,914 $65,549 Parks Maintenance Superintendent N $43,127 $48,703 $54,278 $59,914 $65,549 Recreation Superintendent N $43,127 $48,703 $54,278 $59,914 $65,549 EPW Solid Waste Superintendent N $43,127 $48,703 $54,278 $59,914 $65,549 EPW Street Superintendent N $43,127 $48,703 $4,278 $59,914 $65,549 EPW Floodwall Superintendent N $43,127 $48,703 $54,278 $59,914 $65,549 Assistant to the City Manager 0 $45,248 $51,120 $55,992 $62,887 $68,781 EPW Fleet Maintenance Superintendent 0 $45,248 $51,120 $55,992 $62,887 $68,781 GIS Analyst 0 $45,248 $51,120 $55,992 $62,887 $68,781 EPW Operations Manager 0 $45,248 $51,120 $55,992 $62,887 $68,781 Risk Manager 0 $45,248 $51,120 $55,992 $62,887 $68,781 City Clerk P $47,470 $53,656 $59,841 $65,978 $72,114 GIS/Planner P $47,470 $53,656 $59,841 $65,978 $72,114 Network Administrator P $47,470 $53,656 $59,841 $65,978 $72,114 Public Information Officer P 547,470 $53,656 $59,841 565,978 $72,114 Section 8 Housing Admin P $47,470 $53,656 $59,841 $65,978 $72,114 Police Sergeant P $47,470 $53,656 $59,841 $65,978 $72,114 GIS Specialist P $47,470 $53,656 $59,841 $65,978 $72,114 Police Captain Q $49,894 $56,364 $62,834 $69,343 $75,851 Fire Assistant Chief Q $49,894 $56,364 $62,834 $69,343 $75,851 Storm & Drain Engineer R $52,318 $59,147 $65,976 $72,731 $79,487 Deputy Fire Chief - Operations S $54,944 $62,109 $69,275 $76,400 $83,527 Director cf Inspection S $54,944 $62,109 $69,275 $76,40() $83,527 Police Assistant Chief S $54,944 $62,109 $69,275 $76,400 $83,527 Revenue Manager 5 $54,944 $62,109 $69,275 $76,400 $83,527 L: New Hire Range Market Range Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid -Point 3rd Qrt 4th Premium Controller T $57,772 $65,255 $72,738 $80,254 $87,769 Deputy Fire Chief - Fire Prevention T $57,772 $65,255 $72,738 $80,254 $87,769 Exec Dir Paducah Riverfront Dev Aut T $57,772 $65,255 $72,738 $80,254 $87,769 Exec Director PRA T $57,772 $65,255 $72,738 $80,254 $87,769 Director of IT U $60,600 $68,487 $76,375 $87,832 $96,615 Director of Parks V $63,630 $71,912 $80,194 $92,223 $101,415 Director of Planning V $63,630 $71,912 $80,194 $92,223 $101,415 Human Resource Director V $63,630 $71,912 $80,194 $92,223 $101,415 No Position W $66,862 $75,533 $84,204 $96,834 $106,518 Fire Chief X $70,195 $79,304 $88,413 $101,675 $111,843 No Position Y $73,629 $83,232 $92,834 $106,760 $117,436 Assistant City Manager Z $77,366 $87,422 $97,476 $112,098 $123,308 Director of Finance Z $77,366 $87,422 $97,476 $112,098 $123,308 City Engineer & Public Works Director Z $77,366 $87,422 $97,476 1 $112,098 1 $123,308 Police Chief Z $77,366 $87,422 $97,476 $112,098 $123,308 City Manager AA $104,232 $117,766 $131,300 $150,995 $166,095 Agenda Action Form Paducah City Commission Meeting Date: March 24`t', 2015 Short Title: Extended lease agreement between the Ci -.y of Paducah and AT&T wireless communications. Ordinance Emergency ❑ Municipal Order ❑ Resolution ❑ Motion ❑ Staff Work By: Brent Stringer Presentation By: Steve Kyle%nd or Brent Stringer Background Information: AT&T has leased space on the City's radio tower located at the 911 Office for several years. AT&T is adding sub -sites in various places in the city that will absorb the additional data that is being sent to main antennas at the 911 office. It became apparent to AT&T that with the amount of cell phone usage in our area additional sub -sites were necessary. These sub -sites will work in conjunction with the main site at 911. AT&T is requesting to extend their current lease. The lease agreement has been cleared by City Attorney Stacy Blankenship. City of Paducah receives $1,633.50 monthly from AT&T as part of the lease agreement and this amount will increase by 101-7b every five years for the term of this agreement. This is the third lease agreement between the City of Paducah and AT&T. Goal: ❑Strong Economy !!! "Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: DIVA Account Number: DNA Finance Staff Recommendation: Introduce Ordinance to extend lease agreement between the City of Paducah and AT&T Wireless communications. Attachments: Department Head City Clerk 136610 ORDINANCE 2015 -4 - AN ORDINANCE AUTHORIZING THE CrrY i0 ENTER INTO A LEASE WITH AT&T FOR THE BENEFIT OFT HE CITY WHEREAS, the City of Paducah previously leased space on the 800 ivlHz tower to AT&T and a 900 square foot parcel of real estate located at 510 Clark Street; and said lease; and WHEREAS, AT&T has approached the City of Paducah regarding the renewal of WHEREAS, AT&T has requested the lease to be extended for a term of five (5) years to be automatically renewed up to five (5) separate consecutive additional periods of five (5) years unless terminated by either AT&T or the City; and WHEREAS, in exchange for this Agreement, AT&T has agreed to increase the monthly rent to $1,633.50; and WHEREAS, it has been determined that it is beneficial to the City to agree to enter into this Lease. KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. The City Commission hereby authorizes and approves the City of Paducah to enter into an Agreement with AT&T for the lease of space on the 800 MHz tower and the lease of real estate located at 510 Clark Street upon the terms and conditions as negotiated by Corporation Counsel, a copy of which has been provided to the Commission. SECTION 2. The Mayor is hereby authorized tcte.recute said lease agreement between the City and AT&T. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. MAYOR ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, April 14, 2015 Adopted by the Board of Commissioners, April , 2015 Recorded by Tammara S. Sanderson, City Clerk, April ,2D15 Published by The Paducah Sun, _ lord\ Cell Site No,: EV3125 Cell Site Fame: PADUCAH DONVNTOwN RELO Fixed Assct No.: 10019949 tlarket: KY /TN Address: ALO Clark Street THIRD AMENDMENT TO TOWER OPTION AND LEASE AGREEMENT THIS THIRD ANIENDNIENT TO TOWER OPTION AND LEASE AGREEMENT (`Third Amendment"), dated as of the latter of the signature dates below (the "Effective Date"), is by and between City of Paducah, having a mailing address of 510 Clark Street, Paducah, KY 42003 (hereinafter referred to as "Lessor"), and New Cingular AVireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 N[orosgo Drive NL-, Atlanta, GA 30324 (hereinafter referred to as `Tenant"). WHEREAS, Lessor and Tenant (or its respective predecessor -in -interest) entered into a Tower Option and Lease Agreement dated October 15, 2001, as antended by Amendment to Tower Option and Lease Agreement dated November 12, 2001, as amended by Second Amendment to Tower Option and Lease Agreement dated September 24, 2013 (hereinafter, collectively, the "Agreement"), whereby Lessor leased to Tenant certain premises ("Premises"), therein described, that are a portion of the property ("Property") located at 510 Clark Street, Paducah, KY; and WHEREAS, the term of the Agreement will expire on March 3, 2017, and the patties mutually desire to renew the Agreement, memorialize such renewal period and modify the .Agreement in certain other respects, all on the terms and conditions contained herein; and WHEREAS, Lessor and Tenant desire to amend the Agreement to extend the term of the Agreement; and WHEREAS, Lessor and Tenant desire to amend the Agr�elnent to adjust the Rent (as defined below) in conjunction with the modifications to the Agreement contained herein; and WHEREAS; Lessor and Tenant desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Lessor and Tenant desire to amend the Agreement to permit Tenant to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services, and WHEREAS, Lessor and Tenant desire to amend the A;reement to clarify scope of Tenant's permitted use of the Premises; and WHEREAS, Lessor and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOYN' THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Tenant agree that the recitals set forth above are incorporated herein as if set forth in their entirety and further agree as follows: Cate2on 3, 4. & i Amaodment Form Cell Site No.: EV3125 Cell Site ,\arae: PADUCAH DOw\TOwv 12ELO Fixed Asset No.: 10419949 Market: KY /T\ Address: 510 Clark Street I . Extension of Term. The term of the Agreement shall be extended to provide that the Agreement has a new initial term of five (5) years ("New Initial Term") commencing on March 1; 2015 ("New Tertn Commencement Date"). As of the New Term Commencement Date, the term provided in the Agreement and any extensions thereof, as applicable, shall be void and of no further force and consequence. The Agreement will automatically renew, commencing on the expiration of the New Initial Term, for up to five (5) separate cansecutive additional periods of flee (5) years each (each such five (5) year additional period is hereinafter referred to as an "Additional Extension Term" and each such Additional Extension Term shall be considered an Extension Term under the Agreement), upon the same terms and eonditions of the Agreement, as amended herein, without further action by either party unless Tenant notifies Lesson in writing of Tenant's intention not to renew the Agreement at least sixty (60) days prior to the expiration of the then current Additional Extension Term or Landlord notifies Tenant in writing of Landlord's intention not to renew the Agreement at least two (2) years prior to the expiration of the then current Additional Extension Term. The New Initial Term, the Additional Extension Term are collectively referred to as the Term ("Term"). 2. Rent. Commencing on March 1, 2015, the current rent payable under the Agreement shall be One Thousand Six Hundred Thirty -Three and 50/100 Dollars ($1,633.50) per month (the "Relit"), and shall continue during the Term, subject to adjustmti�tas provided herein. Section 4 of the Agreement shall be amended to provide that Rent shall be adjusted as follows: commencing on March l; 2020, and each Additional Extension Term exercised thereafter, the monthly Rent will increase by ten percent (10%) over the Rent paid during the pre�-ious Term. 3. Expansion of Permitted Use. Tenant may use the Premises for the transmission and reception of any and all communications signals and may, at no additional cost or expense, modify, supplement, replace, upgrade, expand, or refurbish the equipmem and/or improvements thereon (collectively, "Communications Facility"), including but not limit;,d to the number and type(s) of antennas, or relocate the same within the Premises at any time during the term of the Agreement for any reason. Lessor shall reasonably cooperate in obtaining governmental and other use permits or approvals necessary or desirable for the foregoing permitted Ilse. If Lessor does not comply with the terms of this section, in addition to any other rights it may; have at law and equity, Tenant may terminate the Agreement upon written notice to Lessor and Tenant shall have no further liability to Lessor. 4. Rental Stream Offer. If at any time after the date of this Third Amendment, Lessor receives a bona fide written offer from a third party seeking an assignment or transfer of the Rent payments associated with the Agreement ("Rental Stream Offer"), Lessor shall immediately furnish Tenant with a copy of the Rental Stream Offer. Tenant shall have the right within ninety (90) days after it receives such copy to match the Rental Strearn Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Lessor within the ninety (90) da;' period, Lessor may assign the right to receive Rent payments pursuant to the Rental Stream Olfer, subject to the terms of the Agreement. If Lessor attempts to assign or transfer Rent payments without complying with this 2 Caieaon 3, a, & i Amendment Form Cell Site No.: EV3125 Cell Site Name: PADUCAH DOWNTOWN RELO Fixed :asset No.: 10019949 ,larkct: KY /T\' Address: 510 ClarkSireet Section, the assignment or transfer shall be void. Tenant shall nA be responsible for any failure to make payments under the Agreement and reserves the right to hold payments due under the Agreement until Lessor complies with this Section. 5. Re inoval[Restoratio n. In addition to the terms set foTth in the Agreement, Lessor agrees that the Communications Facility and any related equipment brought to the Premises by Tenant, its agents, contractors, predecessors -in -interest or subtenatlts, shall be and remain Tenant's personal property or the personal property of its subtenant(s), as the case may be. Lessor waives any and all rights it may have, including any rights it may have in its capacity as Lessor under the Agreement to assert any liens, encumbrances or adverse claims, sla titory or otherwise, related to or in connection with the Communications Facility or any portion 1:hereof. Tenant, in its sole discretion, may remove the COmmtrnlcations Facility or any portion of the Communications Facility at any time during the Term of the Agreement, without notice to Lessor and without Lessor's consent. Notwithstanding any terms to contrary, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation, nor will Tenant be required to remove from the Premises or the Property any foundations or underground utaides. Tenant, may, in its sole discretion, transfer any improvements or alterations to the Premises to Lessor at any time during the Tei -m of the Agreement without notice to the Lessor and without t17e Lessor's consent. 4 6. Charges. All charges payable under the Agreement stich as utilities and taxes shall be billed by Lessor xvithin one (1) year from the end of the calendar yzar in which the charges were incurred; any charges beyond such period shall not be billed by Lessor; and shall not be payable by Tenant. The foregoing shall not apply to monthly rent which is clue and payable without a requirement that it be billed by Lessor. The provisions of this subparagraph shall survive the termination or expiration of the Agreement. 7. Acknowledgement, Lessor acknowledges that: l) this'fhtrcl Amendment is entered into of the Lessor's free will and volition; 2) Lessor has read and understands this Third Amendment and the underlying Agreement and, prior to execution of this Third Amendment; was free to consult with counsel of its choosing regarding Lessor's decision to enter into this Third Amendment and to have COLIFIsel review the terms and conditions of this Third Amendment; 3) Lessor has been advised and is informed that should Lessor not enter into this Third Amendment, the underlying Agreement between Lessor and Tenant, including any termination or non -renewal provision therein, would remain in full force and effect. 8. Access. Section I of the Agreement is hereby supplemented with the following: "Except for in the event of an emxtergency, Tenant agrees to pt-mide a minimum of 24 hours' telephonic notice to Lessor prior to installing, repairing, modifying, altering, or refurbishing the property, equipment, or facility. This telephonic notice shall be communicated through Lessor's telephone hotline with number (270) 444-8550." 9. Casualty. Landlord will provide notice to Tenant of anyCat%alty or other harm affecting the Property within forty-eight (48) hours of the casualty ar 01Cr harm. If any part of the Communication Facility or Property is damaged by casualty al- other harm as to render the 3 Cateuorg 3. K 5 :lmendmernt Form Cell Site No.: EV3125 Cell Site Name: PADUCAH DOwNTO N RELO Fixed .-Asset Na.: 10019949 Market: 1{Y /TN .Address: -510 Clark Street Premises unsuitable, in Tenant's sole determination, then either party may terminate this Agreement by providing written notice to the other party, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by ail of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is completed. If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant and Tenant decides not to terminate under this Section, then Landlord oJ11 promptly rebuild or restore any portion of the Property interfering with or required for Tenant's Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property. 10. Notices, Section 21 of the Agreement is hereby deleted in its entirety and replaced with the following: "(a) NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site 4 EV') 125 Cell Site Name PADUCAH DOWNTOWN RELO (KY); Fixed Asset No.: 10019949 575 Morosgo Drive NE Atlanta, GA 30327 With a required copy of the notice sent to the address above to A`1'&- V Legal at: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site 4 EV3125 Cel I Site Name PADUCAH DOWNTOWN RELO (KY); Fixed Asset No: 10019949 208 S. Akard Street Dallas, Texas, 75202-4206 Cznfgor} 3 4, & 5 Amendment Form Cell site No.: EV3125 Cell Site Name: PADUCAH DONVNTOWN RELO Fixed ,asset No.: 10019949 Market: KY/TN .address: 510 Clark Street A copy sent to the Legal Department is an administrative step which alone does not constitute leUal notice. And as to Lessor: City of Paducah 5 10 Clark Street Paducah, KY 42003 (b) In the event of a change in ownership, transfer or sale of the Property, within ten (10) clays of such transfer, Lessor will send the below documents to Tenant. In the event Tenant does not receive such appropriate dOCtlments, Tenant shall not be responsible for any failure to pay the current landlord (i) New deed to Property (ii) New W-9 (iii) New Payment Direction Form (iv) Full contact information for new Lessor including all phone numbers Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein." 11. First Amendment to Memorandum of Lease. Either party will, at any time upon fifteen (1 5) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable First Amendment to ivfemorandun) of Lease substantially in the form of the Attachment 1. Either party may record this memorandum at any bene, in its absolute discretion. 12. Other Tennis and Conditions Remain. In the event of any inconsistencies between the Agreement and this Third Amendment, the terms of this Third Amendment shall control. Except as expressly set forth in this Third Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreeinem to itself shall be deemed also to refer to this Third Amendment. 13. Capitalized Terms. All capitalized terms used but net defined herein shall have the same meanings as defined in the Agreement. [NO MORE TEXT ON THIS PAGE - SIGNATURES TO FOLLOW ON NEXT PAGE] 5 Cateeon' 3. a. & 5 AmendincM Form Cell Site No.: EV3125 Cell Site Name: PADUCAH DOwNTOwN RELO Fixed Asset No.: 10019939 Market: Kl /TN .Address: 510 Clarl<Street IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute this Third Amendment on the dates set forth below. LESSOR: City of Paducah -2 Date: Gayle Kaler. Mayor TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Title: Date: [.ACKNO WLEDG�IENTS APPEAR ON THE NEXT PAGE] 6 Cateoo, 3. A, & 5 Amendment Form Cell Site No.: EV312i Cell Site Name: P_1DUCAH DOWNTOWN R);LO Fixed .asset No.: 10019949 Market: KY/TN Address: 510 Clark Street LESSOR ACKNOWLEDGEMENT STATE OF SS. COUNTY OF 1 certify that I know or have satisfactory evidence that Gayle Kaler is the person who appeared before me. and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the Mayor of Citi, of Paducah, to be the free and voluntat•y act of such pall for the uses and purposes mentioned in the instrument. DATED: Notary Seal (Signature of Notary) (Legibly Print or Stanzp Dame of Notary) Notary Public in and for the State of N(y appointment expires: Cateaon 3 a, c2 5 .Amendment Foe i Cell Site No.: B 3125 Cell Site Name: P:IDGCAH DOwNTOR'N RELO Fixed Asset No.: 10019949 x1arkel: ICT /TN Address: ilOClark Street TENANT ACKNOWLEDGEMENT STATE OF ) SS. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of AT&T Mobility Corporation, the N tanager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: Cate3on 3, a, ',, 5 Amendment Form Coll Site No.: EV3125 Cell Site Name: PADUCAH DOWNTOWN RELO Fixed Asset No.: 10019949 Market: K1 /TN Address: 510 Clark Street Attachment 1 First Amendment to Memorandum of Lease Ca[eedn 3 4 &d Amendment Form Cell Site No.: EV3125 Cell Site Name: PADUCAH DONN NTOR'N RELO Fixed Asset Vo.: 10019949 Market: K) /TN .-Address: 510 Clark Street Exhibit A Copy of Agreement 10 Careop 3, a, & 5 A,,mdment Form PREPARED BY, and WHEN RECORDED RETURN TO: Michael Fraunces, President Md7, LLC 10590 W. Ocean Air Drive, Suite 300 San Diego, CA 92130 Parcel #: 112-14-18-001 SPACE Re: Cell Site #: EV3125 Cell Site Name: PADUCAH DOWNTOWN RELO (KY) Fixed Asset Number: 10019949 State: KY County: McCracken FIRST AMENDMENT TO MEMORANDUM OF LEASE This First Amendment to Memorandum of Lease is entered into on this day of 20, by and between City of Paducah, having a mailing address of 510 Clark Street, Paducah, KY 42003 ("Lessor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE, Atlanta, GA 30324 ("Tenant"). Lessor and Tenant entered into a certain Tower Option and Lease Agreement dated October 15, 2001, as amended by that certain Amendment to Tower Option and Lease Agreement dated November 12, 2001, as amended by that certain Second Amendment to Tower Option and Lease Agreement dated September 24, 2013, and as further amended by that certain Third Amendment to Tower Option and Lease Agreement dated20 (collectively, the "Agreement") for the purpose of installing, operating and maintaining a communications facility and other improvements. A Memorandum of Lease reflecting the Agreement was recorded on July 22, 2002, in Deed Book 985 at Page 428, in the public records of McCracken County, State of KentEcicy. 2. The parties have agreed that the Agreement has a new initial term of five (5) years ("New Initial Term"), commencing on March 1, 2015, subject to the provisions of the Agreement. 3. The parties have agreed, following the New Initial Term, to add five (5) successive periods of five (5) years each upon the same terms and conditions of the Agreement. The Agreement will be automatically renewed unless Tenant notifies Lessor in writing of Tenant's intention not to renew the Agreement at least sixty (60) days prior to the expiration of the existing term. 4. The portion of the land being leased to Tenant (the "Premises") is described in Exhibit 1 annexed hereto. 5. This First Amendment to Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this First Amendment to Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. [NO MORE TEXT ON THIS PAGE - SIGNATURES TO FOLLOW ON NEXT PAGE] - 2 - IN WITNESS WHEREOF, the parties have executed this First Amendment to Memorandum of Lease as of the day and year first above written. LESSOR: City of Paducah M Gayle Kaler, Mayor Date: TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Title: Date: [ACKNOWLEDGEMENTS APPEAR ON NEXT PAGE] 3- LESSOR ACKNOWLEDGEMENT STATE OF ) SS. COUNTY OF ) I certify that I know or have satisfactory evidence that Gayle Kaler is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the Mayor of City of Paducah, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of 4- TENANT ACKNOWLEDGEMENT STATE OF SS. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LI.C, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of s- Exhibit 1 to First Amendment to Memorandum of Lease Legal Description Street Address: 510 Clark Street, Paducah, KY 42003 Parcel #: 112-14-18-001 That certain Premises (and access and utility easements) on a portion of the real property described as follows: TRACT I Lying and being in the City of Paducah, lictracken Couaty. Kentucky, Block No. 17 of what to known as division or addition toed, and beginning at a stake or stone, corner of S. S. Wilson lot, on Fifth (formerly Cheetaut) Street 209 feat 9 inehaa £rort the oouthucat. corner of Fifth and Clark Streets; thence with Fifth Street toward Clark Street 50 feet; thence at right englei t6wdrda Sixth Street 173 feet 3 inches; thence at right angles towards Adams Street 50 feet; thence at right angles 173 feet 3 lnchea to the beginning, corner on Fifth Street. FG7ci"0i7 Beginning at a point on the corner of the intersection of Fifth and Clark Streets; thence in a Besterly direction and along the line of Clark Street 167 feet more or less to an alley. thence at.a right angle ani In n Southerly direction and along the lino of said alley LOU feet to a point; thence at a rigbt angle and An an Easterly direction 167 £act more or leas to the line of Fifth Street: thence at a right angle in.a Northerly direction 100 feet to the point of beginning. Being in all respects the came property conveyed to J. C. Wilson and Edward E. Hough by deed dated the let day of,Novianber, 1977, of record in Deed Book , page U , in the McCracken County Court ClerkTa Office. And being that same property conveyed to the City of Paducah in Deed of Conveyance recorded in Book 600, Page 137 on November 1, 1977 in McCracken County, KY. 6- Agenda Action Form Paducah City Commission Meeting Date: 1414 A�15 Short Title: Foundation for a Healthy Kentucky — Investing in Kentucky's Future Program ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Steve Ervin, Mark Thompson, Sheryl Chino Presentation By: Steve Ervin Background Information: Investing in Kentucky's Future (IKF) is an initiative aimed to improve the health of Kentucky's children by engaging in communities and testing innovative strategies. This program provides funding for Kentucky Communities where civic leaders are committed to working together to promote the physical and behavioral health and well- being of children ages five through 18 by supporting local systems, environments and policies that reduce risks for chronic diseases and help children and youth practice healthy behaviors for a lifetime. The United Way of Paducah -McCracken, through partnerships with the City of Paducah, Western Baptist Hospital, Lourdes Hospital, and the Purchase Area District Health Department, has been awarded $400,000 to aide in the development of an outdoor health park located in the Fountain Ave. neighborhood. Funding will be awarded in three year increments with $150,000 the first year; $200,000 the second year; and $50,000 the third year. The park, once fully developed, will feature outdoor fitness equipment, a walking trail, free play open field, community gardens, farmer's market, boundless playground, and commercial rental space for physical, mental, and dental health care. Furthermore, upper story living is also planned over the commercial rental space. The funding sought through this program will not fully develop the park; however, fund raising initiatives will be sought by Western Baptist Hospital, Lourdes, Purchase Area District Health, and United Way to allow for completion of the park. The funds are awarded to the United Way of Paducah -McCracken County and the City of Paducah is acting as the fiscal agent. The grant application was approved through municipal order 1804 on December 9, 2014. This park was awarded $15,000 from the Land and Water Conservation fund (LWCF) in 2014 to begin site work. The LWCF grant required a 50% match for a total project cost of $150,000. The IKF grant requires a $200,000 cash match. The $150,000 set aside for the LWCF portion of the project will serve as match; as well as, $50,000 that will be provided by Western Baptist Hospital and Lourdes Hospital. Goal: ❑ Strong Economy ® Quality Services ® Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number. Finance Project Number: CD0083 Staff Recommendation: Authorize and direct the Mayor to sign all required lKF grant agreement documents for the first year of funding; as well as, grant agreements for subsequent IKF funding years. Attachments: None Planning De pt. Cit Clerk *tv Ma er 187378 ORDINANCE NO. 2015. AN ORDINANCE ACCEPTING AN "INVESTING IN KENTUCKY'S FUTURE" INCENTIVE AWARD FROM THE FOUNDATION FOR A HEALTHY KENTUCKY IN THE AMOUNT OF $400,000.00 AND APPROVING AND AUTHORIZING THE EXECUTION OF GRANT AGREEMENTS BETWEEN THE CITY OF PADUCAH, AS FISCAL SPONSOR, AND THE FOUNDATION FOR A HEALTHY KENTUCKY, TO AIDE OF THE DEVELOPMENT OF AN OUTDOOR HEALTH PARK IN THE FOUNTAIN AVENUE NEIGHBORHOOD WHEREAS, the City of Paducah, Kentucky (the "City") in partnership with the United Way of Paducah -McCracken County, Western Baptist Hospital, Mercy Health Partners — Lourdes Hospital, and the Purchase Area Connections for Heatth Coalition has applied for an "Investing in Kentucky's Future" ("IKF") Incentive from the Foundation for a Healthy Kentucky ("Foundation") in the amount $400,000.00 (the Grant Funds") in aide of the development of an outdoor health park in the Fountain Avenue neighborhood, which project is generally known as the "Fountain Gardens Get Fit Youth Wellness Program (the "Public Project"); and WHEREAS, Foundation is desirous of according to the City as the fiscal sponsor for the Purchase Area Connections for Health Coalition, the Grant Funds, which shall be distributed by Foundation in three (3) year increments, provided, however, that the City gives its consent and approval to the terms and conditions of certain grant agreements to be entered into by and between the City, as the fiscal sponsor for the Purchase Area Connections for Health Coalition, and the Foundation over the thxee (3) year grant period; and WHEREAS, it is the belief of the City that the developrr.ent of the Public Project is extremely beneficial to the City of Paducah and it citizens, residents and inhabitants. 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, as the fiscal sponsor for the Purchase Area Connections for Health Coalition, hereby accepts the award of the Grant Funds from the Foundation for the Public Project and approves the terms and conditions of the grant agreement between the City, as the fiscal sponsor for the Purchase Area Connections for Health Coalition, and the Foundation for the distribution of the first year increment, in substantially the same form attached hereto as Exhibit A and made a part hereof, and further approves the terms and conditions of subsequent grant agreements For the distribution of the second and third year increments, provided, however, the subsequent year grant agreements are also in substantially the same form as attached hereto as Exhibi' A. It is hereby found and determined that the grant agreements further the public purposes of the City and is in the best interest of the citizens, residents and inhabitants of the City. The Mayor is hereby authorized to execute the grant agreements for the first year increment and all subsequent year increments with such changes in the grant agreements not inconsistent with this Ordinance or the City's application to the Foundation and not substantially adverse to the City as may be approved by the Mayor. The approval of such changes by the Mayor, and that such are not substantially adverse to the City, shall be conclusively evidenced by the execution of such grant agreements by the Mayor. Section 2. Authorization of Cash Matching Funds, The IKF incentive requires a local cash match in the amount of $200,000.00 to be applied to the Public Project in three (3) year increments. The Board of Commissioners of the City of Paducah further authorizes the Finance Director to make expenditures in an amount not to exceed $75,QC0.00 in three (3) year increments as the City's share of the local cash match. The remainder of the cash match will be funded from a $75,000.00 grant awarded from the Land and Water Conservation Fund ("LWCF"), which grant funds have not yet been received, and a 550,000.00 gift from Western Baptist Hospital and Mercy Health Partners — Lourdes Hospital. Section 3. 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 4. Compliance With Open Meetingsaws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in Formal action, were in meetings open to the public, in full compliance with applicable legal requirements, Section 5. 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 6. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: City Clerk Introduced by the Board of Commissioners, Adopted by the Board of Commissioners, MAYOR 2 2015 , 2015 Recorded by City Clerk, 2015 Published by The Paducah Sun, _ 2015 EXHIBIT A FOUNDATION FOR A HEALTH KENTUCKY GRANT AGREEMENT SEE ATTACHMENT 4 FOUNDATION FORA 1`` HEALTHY KENTUCKY GRANT AGREEMENT DATE AUTHORIZED: March 16, 2015 GRANTEE: The City of Paducah, as fiscal sponsor, for the Purchase Area Connections for Health Coalition GRANTEE TAX ID: 61.6001891 GRANT NUMBER: 2015IKF002 AMOUNT: $150,000 REQUIRED CASH MATCH: $114,745 GRANT PERIOD: START DATE: A'Oril 1, 2015 FlN1i$H,1DATE: March 31, 2016 GRANT PURPOSE: Investing in Keiit.ucky?s Future This grant agreement strQ figs the terms and conditig is under 4vhich:Foundation for a Healthy Kentucky (hereinaf#+.-r.ieferred to as "Foundation" ),"and Tl e City of Paducah (hereinafter referred to as the "Gi-aritee"), individually and'eolledtively hereinafter referred to as "the Parties", will participate:drt the implementation Uf:Aie Fountain Gardens Get Fit Youth Wellness Program Business Plan submitted by the ;Grantee arid approved by the Foundation's Board of Directors„under„the fiarrlework c; the F6bW' 'ation's investing in Kentucky's Future (IKF) Initiative; The aim or"dae,IKF initiative is to Improve'"the health of Kentucky's children by engaging°communities izi "t1: ting i6 ovative community-based strategies. Grantmaking under this initiatives intended to ei��age a broad spectrum of community partners to promote the physical and'beha1,1'vioral health gild well-being of children ages 5 through 18 as they grow into adults, by supporting local syste i s, environments, and policies fiat reduce risks for chronic diseases and help support health'y:behaviors for a lifetime. L SCOPE OF WORK, This grant represents the first year in what is expected to be a three-year effort to engage communities and provide the conditions that children need to thrive. The Grantee agrees to provide all of the necessary qualified personnel, materials, and facilities to perform the work as described in the Fountain Gardens Get Fit Youth Wellness Program Business Plan and application for the Phase 2 (implementation) of the IKF grant. Any change in the scope of work requires prior written approval of the Foundation. The Grantee agrees to use its reasonable best efforts to perform the work within the estimated cost from the approved budget and associated funding within the period of performance. These efforts will be conducted in accordance with Attachment A — Work Plan. Grantees are expected to build lasting relationships among key decision -makers and impacted populations, work collaboratively with the Foundation, maintain positive and open communication with the Foundation, and to engage in a collaborative manner with other funded communities. Grantees are also expected to actively participate is peer exchanges, in evaluation activities with the Foundation's evaluation consultant, and in all relevant training and technical assistance provided by the Foundation or its designated technical! assistance providers, to advance the work of this Initiative. Training expenses and grantee travel expenses will be underwritten by the Foundation. Future years of funding will be contingent on the continued strength and viability of the applicant organization and the successful implementation of the business plan II. GRANT CONDITIONS 1. General. Grantee shall use the funds solely -fru- the purposes of the specific project as described above. Grantee represents that such`'puposes are consistent with and in furtherance of Grantee's charitable mission as described in its Articles of Incorporation, Any changes in the purposes for which grant funds are spc_rt must be approved 'writing by the Foundation before implementation. 2. Expenditure of Funds. (a) Expenditures Limited. 'Ul'bddition to the restrictions at -At limitations imposed by this Grant Agreement, the Grant (together`ikM any earnings, nJn'vestment of Grant funds) is made solely for the purpose outliried"in Sectiori I.- Scope ofVork or Attachiiient A — Work Plan, which is attached hereto and incorpdrated herein, and may not be expended for any other purpose without the Foundatron's;p iar wrrttrli,appr9 a1 �In tot he foregoing, in no event may the Grant (or earr_i r s thereon) be., used f6i any of th', ollowing,purposes: to carry on propaganda, to attempt `to influence leg"isiation or ;the outcomd o .any public election, to carry on, whether directly or=indirectly, any v ter registry -tion drive, to make grants to any individual or organizatioi,:to undertake any-activity`or make an expenditure (i ) for a purpose other than for and consistent with the Sectior 501(c)(3) charitable purposes of the Grantee, (ii) would result in the Foundation (or any disqualified person or foundation manager of the Foundation) being liable for any tax under Chapter 42 of the Code, (iii) that violates or funds an activity that violates any law. Further; Grain funds may not supplant funds from other sources allocated for salaries and/or benefits of wor ers assigned to this project. (b) Budget Compliance. In addition to the other limitations set out herein, expenditures of Grant funds must adhere to the specific line items in the Grantee budget approved by the Foundation as shown in Attachment B, which is attached hereto and incorporated herein. Deviations from the budget and transfers in excess of 5% of the total grant amount among line items (increases and decreases) must be approved in writing in advance by the Foundation. (c) Repayment Obligation. To the extent that any Grant funds, interest or earnings, are not expended or committed for the purposes of the Grant or are not expended within the Grant 2I -Pay`.. --- .. Period, or are otherwise paid or applied in a manner that is not in compliance with the terms of this Grant Agreement, including attachments, the Grantee shall report such improper expenditure as soon as it becomes aware of it, and will repay to the Foundation an amount equal to the amount of such Grant monies that were either improperly expended or that remain at the end of the Grant Period, as the case may be, immediately upon requestof the Foundation. In addition, if this Grant Agreement is terminated pursuant to 10(b) below, or if Grantee loses its Section 501(c)(3) or Section 509 status, the Grantee shall immediately cease any further expenditure of Grant monies (or earnings thereon) and shall immediately notify the Foundation. Grantee shall return any unexpended Grant monies (and earnings thereon) as of the date of such termination or as of the date it loses such tax status. In its discretion, the Foundalion may relieve Grantee of its repayment obligation hereunder to the extent that the obligation includes funds needed by the Grantee to meet obligations incurred by Grantee to third parties, in good faith, for the purposes of the specific project described above, prior to Grantee's receipt of the Foundation's written demand for repayment or other event triggering repayment hereunder, Accordingly, Grantee is advised to condition, where it can, any such third.l5arty payment obligations on actual funding by the Foundation. (d) Nondiscrimination. In the administration of the,Grantorof the program for which the Grant is awarded, Grantee shall not discriminate on the basis of mace, color, religion or religious affiliation, sex, national origin, sexual orientation, age`orAisability. This grant will not be used for recruitment into a religious denorrinat2oi'"or.congregatio±l, (e) Matching Funds. The grani.ee must provide an anIOL11"It committed in the business plan to carry out the activities,support.}d under awi r�d. Matching funds may,,come from Federal, state, local, or private sources, Which may include S.fate, or local agencies, businesses, private philanthropic organizations, or individuals. The edoulative doilru- match required in this, prior, and future grants receiv6d'under this aitiative Scope of Work must, by the end of the grant Initiative period: equal or exceed 50,,11doilar.of match for each ddlar received from the Foundation:' . The Grantee agrees to provide $114,145 cash match for this award. (f) Liability for'Negligence. IiK- Grantee; will be responsible for damages to the extent caused by the negligence".;of its officers, gents and employees arising from the performance of this award agreement.The Foundation will be responsible for all damages to the extent caused by the negligence of its officer:,, agents and employees arising from the performance of this agreement. (g) Insurance. The Grantee shall obtain and maintain comprehensive liability insurance or self- insurance sufficient to cover its responsibilities under this project. If requested, the Grantee agrees to provide evidence of such insurance to the Foundation via Certificate of Insurance or other documentation acceptable to the Foundation within thirty (30) days of written request. (h) Confidentiality. It is expected that the work of this award agreement can be carried out without any of the parties disclosing confidential information of the other party. However, should it become necessary to disclose confidential information, the parties will notify each other 3`Pa2e in advance of the disclosure and will negotiate in good faith with respect to protecting such confidential information. 3. Training and Technical Assistance, Site Visits, Evaluation, Records and Reports. (a) Training and Technical Assistance. To the extent requested by the Foundation, the Grantee agrees to participate and be actively engaged in all training sessions made available by the Foundation relating to this award. In its discretion, the Foundation may, directly or indirectly, provide certain technical assistance to the Grantee. If such assistance is provided, Grantee agrees to attend and be actively engaged therein. (b) Evaluation. To assist the Foundation in evaluation of multi-year Initiatives under which the present Grant is awarded, the Grantee agrees to work with the Foundation's evaluation consultant, and with other Initiative grantees in communicating &eir experience with this Initiative, and providing such data and interviews,as-ftiay reasonably be requested by the Foundation's evaluation consultant. If data collect�ron activities are being performed under this sub -award agreement, the data collection activities are the responsibility of the Grantee. The Foundation's support does not constitute approvaf,of.,the accuracy or content of any survey design, questionnaire content or data collection procedures. (c) Grantee's Cooperation. The Gr�crntee agrees to coopw,%at"e with the Foundation (including, but not limited to, providing reasonable-access�"during; regular blu�siness hours to the Grantee's files, records, accounts, personnel and clie&;, or ot[%erb.enefic aries, unless prohibited by [aw) should the Foundation, at�its oWn,expense, decide to monitor andlor,conduct an evaluation of the Grantee's operations under the (want. Such rnoiiitoribg and/or'evaluation may include (but is not necessarily limited to) y-isits by representatives' Foundation to observe the Grantee's program procedures and aperations:;.and to discuss,the program with the Grantee's personnel. (d) Site Visi'its. 'The Foundation through authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and to provide such technical a."ssistance as maybe,requred .If any site visit is made on the premises of the Grantee, the Grantee shall provide all xeasonabfe,facilities and assistance for the safety and convenience of the Foundation representati Vb§'.M the performance of their duties. All site visits and evaluations shall be performed iii such a manner as will not unduly interfere with or delay the work. (e) Grantee's Reports.antee agrees to provide progress and financial reports on the use of Grant funds to the Foundation's representative, according to Section IV — schedule of Reports to the Foundation of this grant agreement, and a final report upon completion of the Grant Period. Each report should include a narrative account of what was accomplished by the expenditure of Grant funds (including a description of progress made towards achieving the goals of the Grant), a financial statement (relating to the use of the Grant monies), and copies of any work product resulting from the Grant (including, without limitation, any revised action plan and financial pro forma). Said work product shall be delivered in any medium and format as reasonably specified by the Foundation. The Foundation acknowledges the Grantee's claim of ownership of all intellectual property rights in any and all of the Grantee's work products related -------- ... . 41Pagc to the Grant program and provided to the Foundation hereunder, and the Foundation disclaims any ownership of said intellectual property rights (excepting only the license expressly set forth in Condition 8 below). The financial statement should be attested by the responsible financial officer of the Grantee or a certified public accountant. The Graatee agrees to adhere to any reasonable report format provided or requested by the Foundation_ The Grantee also agrees to provide any other information reasonably requested by the Foundation, Notwithstanding the foregoing, in no event shall the Grantee, either in the reports prcduced hereunder, or during any inspection of the Grantee's premises or information by the Fouadation (including under Section 2(c) hereof, provide or divulge any "Protected Health Information" (as defined under HIPAA) to the Foundation or its representatives. Where key information is to be provided that contains such Protected Health Information, the parties may agree to redact some information from relevant reports in a manner compliant with HIPAA requirements. (f) Accounting for Grant Funds / Record Retention. Although the Grant funds need not be physically segregated, such funds shall be shown separately on Grantee's financial records for ease of reference and verification. Records of receipts and expenditures under the Grant, as well as copies of reports submitted to the Foundation; shall be maintained by the Grantee for at least six (6) years following the later of (i) completion 'of such receiI is and expenditures, (ii) the end of the Grant Period (including any extensions), or (i):the,last.dat-e of expenditure of any Grant funds. The Grantee agrees that its books°and records are to .be made available for the Foundation's inspection at reasonable tzmds (g) Human Subjects Review. If applicable, it is the responsibility.of the Grantee to obtain Human Subjects Review Iot the project. Allreports and`disclosules,n this section will be consistent with Instit��tit�nal Review Board requirements regarding patient confidentiality, or any other regulatory requirements that"haight apply. (h) Return of, Unexpended Funds; Certain Remedies, Including on Default. In addition to the other xights and remedies set forth in 'this Grant Agreement, in the event that the Foundation determines, in its soled iscretion;'that the Grantee has breached or failed to carry out any material provisiot;of,this Grant Agreement, the:Foundation may, in addition to any other legal remedies it may ha v e,"indlu ding the termination of this Grant Agreement, refuse to make any further grant payments to the Grantee. In addition, if the'Grantee engages in arty activity that brings or could bring substantial disrepute to, including but not limited to criminal allegations against, the Grantee or any representative thereof acting on behalf of the Grc-wtee, or the program or activities funded by the Grant, the Foundation may suspend payment of ral or any portion of the Grant until the matter is resolved „to,the Foundation's satisfaction (in its sole discretion). If the matter is not so resolved, the Foundation shall be relieved of any further obligation to make Grant payments hereunder. In addition, the Foundation may also terminate this Grant Agreement and take the actions described above with respect to unexpended grant funds if it determines, in the exercise of its reasonable discretion, that circumstances relevant to the Grantee, including, by way of illustration, those respecting its organization, financial condition, or are such that the Foundation has reason to conclude that satisfactory completion })f the project contemplated by the grant is in jeopardy. 51P�Ue 4. Tax Status. The Grantee has furnished the Foundation (i) with a copy of its letter from the Internal Revenue Service recognizing that the Grantee is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code (IRC) and that it is not a private foundation as defined in IRC Section 509(a) or (ii) evidence that it is an appropriate government entity. The Grantee must give the Foundation immediate written notice if there is any change or potential change in the Grantee's tax exempt or non -private foundation status. The Grantee has furnished the Foundation (i) with a copy of its letter from the Internal Revenue Service recognizing that the Grantee is exempt from federal incarne tax under Section 501(c)(3) of the Code and that it is a nonprivate foundation under Section 509(a)(1) or (2) of the Code, or (ii) evidence that it is an appropriate government entity as described in Section 170(c)(1) of the Code and a nonprivate foundation under Section 509(a)(1) of the Code. By executing this document, the Grantee represents and warrants to the Foundation that such tax status continues in effect as of the date hereof and that it is not aware of any threat or change to such tax status. The Grantee must give the Foundation immediate written notice if there is any change or potential change in the Grantee's tax exempt or non=private foundation status. The grant funds are not earmarked CO "used in any disFlowe�d attempt to influence legislation within the meaning of IRC Section 4945(6); or to engage in, ny other activity which, if conducted directly by the Foundation, would `result in the im6 ition of any tax on the Foundation under IRC Chapter 42. No agreement, -oral or written.lo that effect has been made between the Foundation, and Grantee. If the"Troi 'ect mbolves.,publk. ,policy issues, the Foundation is relying upon the Grantee's representations made' m�theGrantee's grant request and proposed budget, that this grantdoes not exceed the amount budgeted by the Grantee for activities of the project that are not disailawed attempts to influenice, legislation within the meaning of iRC Section 4945(e). If the project involves public policy issues, the Fo'tindation is relying upon Grantee's representations, made in the Grantee's, grant request and proposed h udget, and here reaffirmed, that this grant does not exceed the amo'un't,- budgeted by the Grantee for such activities of the project and that such public policy issues will not involve activities that are prohibited under Section 2(a) of this Grant Agreement, The Grantee shall not use any,portion of the grant funds to influence the outcome of any specific election for candidates to pubic office, to carry on any voter registration drive except as provided in IRC Section 4945(), to induce or encourage violations of law or take any other action inconsistent with IRC Section 501(c)(3). 5. Required Notification. (a) General. The Grantee will provide the Foundation with immediate written notification of: (i) its inability to expend the Grant funds for the purposes described in this Grant Agreement or within the Grant Period; (ii) any expenditure from this Grant made for any purpose other than 6 1 P ,� those for which the Grant was awarded, or (iii) loss or threatened loss of its tax-exempt or nonprivate foundation status.. (b) Change of Personnel. The Grantee will notify the Foundation in writing within ten working days of any change in the Lead Grant Contact. Notification of changes in Personnel should be made to the Foundation staff person listed under Section V — Designated Contact Person. 6. Grant Announcements and Promotional Activities. (a) Sharing Grant Results. The Grantee agrees to share the results and findings of the grant freely with other agencies, the professional public, the general public and policymakers. In addition, the Foundation retains the right to announce grant awarded and share results, including but not limited to on its website, in its Annual Report, and in the media. (b) Cooperation. The Grantee will cooperate with fhe Foundation in the mutual effort to disseminate information concerning the Grant;and..ts results, including, but not limited to, providing the assistance the Foundation reasonably requests in complying with any dissemination plan the Foundation may adopt concerliing the Giant. (c) Prior Foundation Review of Publicity. The Graritee.wilf allow the Foundation to review the text of any proposed publicity by tize,Gi-antee concerning the Foundation and shalt not release said text without the prior approval of tle,Foprovided that this shall not restrict the Grantee's right to distribute work product relating"toy lhe: Grant program. Any Grantee use of the Foundation's logos and 6a,_16.mt, ks requires specific prion approval -from Foundation staff. Guidelines for use of the Foun� t�tion's name and IoEo can be fo ld in Attachment C. Copies of all external communications materials such as press releases, press kits, or flyers that reference the Foundation in relation.tb.this grarit should be:s,ent to the Foundation. (d) Foundation Use, of Information. Without, furthpy notice, the Foundation may include iriforinatron�regard ing"the Grant,`ir,clu.ding but not; limited to the amount and purpose of the Grant Grantee's name, any, photographs, logo or trademark of the Grantee, and other published/printed information or mate'rials (provided by the Grantce organization) and the Grantee's activities, in the Foundation's periodic public reports, newsletters, news releases or any other Foundation publication,produced or published by any means. Use of the Grantee's logos and trademarks, (excepting the Grantees name) requires prior approval, which shall not be unreasonably withheld grid whzch.shall be granted without further consideration. 7. Right to Modify or Revoke. (a) General. In addition to its other rights and remedies contained herein, including the rights forth in Section 1(c) and Section 1(g) hereof, the Foundation reserves the right, from time to time, to discontinue, modify or withhold any payments to be made under this Grant Agreement or to require a total or partial refund of any Grant funds if, in the Foundation's sole discretion, such action is necessary. 7 1 P a - e (b) Exercise of Revocation of Rights. Prior to the Foundation's exercise of its rights under Section 7(a) (referred to herein as "Revocation Rights"), the Foundation agrees to provide the Grantee with at least sixty (60) days prior written notice stating the reasons it intends to exercise its Revocation Rights and what, if any, steps are necessary for dire Grantee to cure the reasons for the exercise of its Revocation Rights. During the notice period, the Grantee shall have the opportunity to cure the circumstances giving rise to the Foundation's exercise of its Revocation Rights, but the Foundation may, in its sole discretion, withhold additional Grant payments. If, during the notice period, the Grantee cures, to the Foundation's mole satisfaction, the circumstances giving rise to the Foundation's exercise of its Revocation Rights, the Foundation will not exercise the Revocation Rights; although, the Foundation retains the right to immediately and without further notice again exercise its Revocation Rights should similar circumstances reoccur. If, during the notice period, the Granteedoes not cure, to the Foundation's sole satisfaction, the circumstances giving rise to the Foundation's exercise of its Revocation Rights, the Foundation may exercise its Revocation nights. This Section 7(a) does not apply to rights or remedies that may be asserted by the Foundation under either Section 1(c) or Section 1(g) hereof. 8. Special Conditions The Grantee accepts and agrees to comply with the folio, ing spocial conditions: (a) License to Works. The Grantee hereby grants and agrees,f6;grant to the Foundation a perpetual, royalty -free, non-exclusive, sub -licensable, right and license to copy, use or adapt for its own internal purposes, distfibute, and ot; erwise make available £o'others, without restriction, in any medium and h.y„arzy means (whether now known or hereafter developed) the work product delivered by the Grantee° to the Foundation pursuanfto this Grant Agreement; provided, however, that the Foundation shall not distribute oi-make available any work product that is confidential, (or the,release 'Ot which' s.precluded bylaw or agreement) and which is so marked, and providedA further that the Foundation shall cgoperate reasonably with the Grantee to ensure that the Foundation's exercise of the rights licensed herein does riot compromise or interfere with the goals of the Grantee. 'Th&Grantee'shall not mark or indicate that such work product is confidential”. less it has a legitimate business or charitable purpose for so indicating, which it will describe to the Foundation%ipon request, and any such confidentiality restrictions shall only be to the extent necessary to pro*ct such purpose. Should the Foundation determine that the Grantee is unreasona Iy treating m.aterial as confidential, or otherwise subjecting itself to unnecessary or unwarranted c6hif-lidentiatity restrictions, the Foundation may discontinue, modify or withhold any paymenta`,to, be made under this Grant Agreement or to require a total or partial refund of any Grant funds. In addition, if the confidentiality restrictions are inconsistent with the purpose of the Grant (including public dissemination of valuable research), the Foundation retains the right to contend that the Grantee's creation of, or subjecting itself to, such confidentiality restrictions violates this Grant Agreement. (b) Warranty of Non -infringement. The Grantee represents and warrants that the Foundation's exercise of the rights granted in subsection 8(a) above shall not subject the Foundation to any liability for infringement or misappropriation of the copyrights, patent rights, 8 1 P gc trademark rights, trade secret rights or other proprietary rights of any third party, nor to any liability for invasion of privacy or defamation. (c) Direct Services Subsidy and Revenue. Subsidy of direct services to individuals may at times be an incidental result of Grantee's funded project. The Grantee may not represent to anyone that services to individuals will be paid for by the Grant. "The Grantee is expected to pursue all allowable revenue for all services provided through the Grant. (d) HIPAA Compliance and Confidentiality. All Grantee prccedures and activities must comply with Public Law 104-191 (Health Insurance Portability and Accountability Act of 1996) 45 CFR Part 160 and Subparts A and E of Part 164 (the "HIPAAPrivacy Rule") and any other laws pertaining to patient rights and privacy. The Grantee shall not provide the Foundation with any Protected Health Information, as that is defined under the HIPAA Privacy Rule. 9. Disclaimer, Identification and Authority (a) No Warranty by Foundation. Nothing contairred herein, including the required reporting and review procedures, shall be construed as a warranty, representation, or approval by the Foundation that any services rendered or to be rendered by,theFoundation or the Grantee are adequately or properly rendered on either ar individuaI or pr6gram-wide basis. (b) Indemnification. Grantee shall, at all times, hold the Foundation, its directors, trustees, officers, employees, volunteers and agents harmless from any and "all assessments, losses, liabilities, judgments, damages -fines, costs aid expens'es�(including the reasonable fees and expenses of the Foundation's legal `counsel rr ,connection therewith) of any kind or nature arising from any actions, claims,: demands or, suits resulting from the Grantee's breach of this agreement, the Grantee's use or application of the Grant fun services, Grantee's rendering or failure to render services, the-Gran.tee's violat 6n;at the law, the Grantee's negligence or willful misconduct or other infringement ot�misappropriation by'the`Grantee of any third party's intellectual rights, (c) Corporate Power and Authority. The Grantee has all requisite corporate power and authority to enter into this Agreement and to perform its obligations hereunder and has duly authorized the execution, delivery and performance of this Agreement, including without limitation the execution and delivery of this Agreement by the representative signing this Agreement on the Grantce's behalf. The representative executing this Agreement is hereby authorized to act on behalf of the Grantee with respect to matters arising out of the Grant Agreement. 10. Term and Termination (a) Term. This Grant Agreement shall continue for the Grant Period (as may be extended in writing by the Foundation upon written request of the Grantee), unless terminated as provided herein. (b) Termination. In addition to termination as otherwise provided herein, this Grant Agreement may be terminated by the Foundation under the following circumstances: (i) the insolvency, 91Pagz receivership, bankruptcy filing, or dissolution of the Grantee; (ii) a breach of this Grant Agreement by the Grantee, unless such breach is waived in writing by the Foundation. (c) Rights upon Termination. Upon termination of this Grant Agreement for any reason: (i) all payments by the Foundation to Grantee shalt cease at such time as may be determined by the Foundation; (ii) the Grantee's obligations and/or the Foundation's rights under Section 3 through 11 of this Grant Agreement shall continue with respect to funds already expended, and (iii) the Grantee shall repay funds as provided in Section 2(c) hereof. (d) Satisfaction of Certain Obligations. Only upon termination of this Grant Agreement under Section 10(b)(ii), the Grantee shall be allowed to satisfy out of remaining funds certain reasonable non -cancelable written financial obligations (the "Obligations") unpaid on the termination date. Each Obligation, as determined by the Foundation: (i) must have been incurred in good faith by Grantee in furtherance of Grant objectives approved by the Foundation; and (ii) must be included in the budget in Attachment B.,The,Obligatioas shall not include those: (i) entered into during the cure period referred to iri Section 7(b); or (ii) which, in the Foundation's sole judgment, may violate any provision of Section 4 or otherwise jeopardize Foundation's tax- exempt status. 11. Other Provisions (a) Entire Agreement and Amendment. ,This,Grant Agreemeat and the Attachments constitute the entire Grant Agreement and understaridtng of the parties witlirespect to the transactions contemplated hereby and supersede all prior agreements arrangements, commitment, promises and understandings. This'Grant Agreement maybe ij "ended oi"atlodified only in writing signed by the parties hereto. (b) Governing Law and Jurisdiction'.. 'This Grant:Agreement shall be governed by and construed,'in accordance withthe laws of the Conlmonwealth ofKentucky without reference to conflict oi•-laws principles'.. Any action or proceeding in connection with or arising out of this Grant Agreement shall be brought iri thecourts, state or federal, within Jefferson County in the Commonwealth of Kentucky,,and the parties expressly waive the right to bring any legal action or claims in anyother court. I he` parties alsb hereby consent to venue in any state or federal courts within the'Commonwealth'of Kentucky having jurisdiction over Jefferson County For aIJ purposes in connection with any action or proceeding commenced between the parties hereto in connection with or arisizig out of this Grant AgreeEnent and waives any objection to venue laid therein. (c) Waiver. Any of the terms and conditions of this Grant Agrcernent may be waived at any time and from time to time in writing by the party entitled to the benefit thereof without affecting any other terms and conditions of this Grant Agreement. The waiver by either party hereto of a breach of any provision of this Grant Agreement shall not operate or be construed as a waiver of any subsequent breach. (d) Successors. This Grant Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the respective successors and permitted assignees of the Agreement's parties. 101Pa_,C Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon or give any person, firm or corporation, other than the parties to it, any right or remedy under it or by reason of it. (e) Severability. The invalidity or unenforceability of any terra or provision of this Grant Agreement shall not affect the validity or enforceability of any of the remaining terms or provisions of the Agreement. (1) No Assignment. This Grant Agreement may not be assigned by either party, whether by operation of law or otherwise, without the written consent of the other party to the Agreement. (g) Notice. All notices to the parties shall, unless otherwise notified in writing be sent to the individuals as listed in Section V — Designated Contact Person. Each party may change their respective Designated Contact Person by furnishing notice to the other party as provided herein, (h) No Agency. Nothing contained in this Grant Agreement shall create or be deemed to create a partnership, joint venture, agency or any relationship other than independent contractors between the Foundation and the Grantee. Except as provided in this Agreement, the Foundation shall neither have nor exercise any control over the means pr methb,dbywhich the Grantee accomplishes the purposes of the Grantor carries out its duties iiii-der this Agreement. (i) Savings Clause. In the event that the Foundation reasonably determines that this Agreement, or any Grants made hereunder, could jeopardize th& Fc.undatiori s continuing exemption under Section 50t(c)(3) of the Code or could subject it to orte 6'r -more private foundation excess taxes under Code Section -w 494l'through 4946 inclusive, the parties agree to amend this Agreement at the Foundation's reques,t;to the mrniimm extent necessary to elii"iiiaate such risk. In addition, should the Foundation determine that any Grant made hereunder is or would be subject to the expenditure respon. mbilrty requirements under Section4945 of the Code, the Grantee will comply with those n6les upon -receiving notice thereof from the Foundation, and in the event a ``correction is required under any of the private foundation excess taxes as set out Section 4941 through Section 4946, inclusive, of the Code, the Grantee shall fully cooperate with the Foundation, and take suchactions as necessary, in achieving such. correction in a prompt and timely manner.1" (j) Exclusive Remedy. Notwithstanding anything else contained in this Agreement, the sole obligation of the Foundation under this Agreement is to make the Grants on the terms and subject to the conditions in thl.s Agreement, the sole and exclusive remedy of the Grantee in the event of any breach of this Agreement by the Foundation is to specifically enforce the Foundation's obligation to make the Grants in accordance with this Agreement and the Grantee hereby waives any and all other rights or remedies to which it rnght otherwise be entitled in the event of a breach of this Agreement by the Foundation, including but not limited to any right to seek any monetary damages other than seeking specific performance of the Foundation's obligation to make the Grants hereunder. (k) No Third Party Beneficiaries. Nothing expressed or referred to in this Agreement will be construed to give any person or entity other than the parties to this Agreement any legal or 111P��ge equitable right, remedy or claim under or with respect to this Agreement or any provision of this Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to this Agreement, III. GRANT PAYMENT: Upon electronic signature of this Grant Agreement, the Foundation will issue a check to, The City of Paducah as fiscal sponsor for the Purchase Area Connections for Health Coalition, for one half of the amount of the grant ($75,000) and return an electronic copy of the fully executed Agreement. The second half of the grant will be paid upon completion of a satisfactory progress report as stated in Section IV of this agreement. The signed Grant Agreement must be returned to the Foundation office within 60 days of the date authorized or the Agreement is null and void. Grant funds will be distributed in care of: Sheryl Chino Grants Administrator City of Paducah 300 S. Fifth Street Paducah, KY 42001 sdchino@paducahky-9—" (270)444-8690 IV. REPORTS TO. THE'fOUNDATIQN: 1, A written Progress Report "and Financial, Report on the conduct of activities and an accounting of fund's"expended under this'Grant Agreement through October 1, 2015, and associated. expenditures are due-'nctober 31, 2015. 2. A wntterr Frnal Report and Financial Report oii the conduct of activities and an accounting of'kinds ds expended under this �lgreernent through March 31, 2016, due no tater than 30 days"after the en¢' of the funding period, April 30, 2016. All reports should be sent by the'deadline date as specified above to your Foundation Program Officer. As specified below in Section V – Designated Contact Person. Reporting guidelines will be provided by your Program Officer. V, DESIGNATED CONTACT PERSON The designated contact person on behalf of The City of Paducah for all matters related to fund administration is: Sheryl Chino Grants Administrator City of Paducah 300 S. Fifth Street 121Pae Paducah, KY 42001 sdchino@paducah-ky.gov (270)444-8690 The designated contact person on behalf of The United Way of Paducah -McCracken County for all matters related to project activities, and this grant agreement is: Monique Zuber 333 Broadway, Suite 502 Paducah, KY 42001 monique@ unitedwaypaducah.org (270)442-1691 The designated contact person on behalf of Foundation for a Healthy Kentucky for all matters related to project activities, fund administration arid this grant agreement is: M. Amalia Mendoza A. Foundation for a Healthy Kentucky 1640 Lyndon Farm Court, Su:.e 100 Louisville, KY 40223 amendo za @healthy -k y. o r� 502-326-2583 VI. FULL AGREEMENT This Agreement constitutes the entire Agreement, and understanding of the parties with respect to the transactions set forth ard,supersedes Tall prior ab eements, arrangements and understandings. This Agreement may be amended or modified only irl,a writing signed by the parties hereto. The signatures,dffixed below;by.authorized legal representatives of both the Grantee and the aton Foundfor a Healthy`Kentucky 'shall signify full and complete agreement to the terms specified in this Grant Agreement. 131Pa2e U u a o i U U ACV. a f U U '� o xt, C U bA C ° 7 a 7: U ° r N C C x � cl bA " 1-4 py U L� O U �l :S Ql 4-4 's.a ° o Q 77. �•� � c�i p -d , � ,x v O/1 O cCd O .� •.U�� W H CL� s UO r c Z 71 b v 3 1-4 CZ U U � QJ 4J 0-4 � aU a n p} i ACV. xt, bA " bA C14 :S �•� � c�i p �.� � ,x v O/1 O •.U�� W U UCi, UO r 0-4 /v • -p M1 �M1f W Ly L-4 Q) O bA C1 CU u cs v w3 ❑v w Attachment B Budget The City of Paducah The United Way of Paducah -McCracken County Purchase Area Connections for Health Coalition GA # 20151KF002 Fountain Gardens Get Pit Youth Wellness Program Proposed Grant Period: from 04/01/15 to 03/31j16 V Year 1 Year 2 Year 3 15 1 P a g e Applicant Other/ Fourclakion Cash In -Kind Unit Cost QTY jotal Funds`;,;Match Support k r a 4!gg Lighting Along Walkway $2,500 20 0 0 0 $25,000"25,000 Trench & Wire $2,100, 10 $21;000 %$7,800 $13,200 Earthwork for Play Field $3,000., "12 $36,666%, $5,1000 $31,000 Mounds $ 8 $5,200 $5,200 - Demolition $25,000 5,000 :,$22,000 $3,000 $25 Drain Pipe" 20.'., �5" *" 0Q .$5,0000 Sanitary Line $25 2,",, fl $5",0'0' 0j',, S5,000 Irrigation System $50,000 1 .,.$501000 -$5O,Coo Sub -Total $197,200 $125?000 $72,200 y, ffi9 i� t "R V Co vp Arden $11,160 Fencing �18 6201,� Water Spigots OQ, 4 ":$3,200 $3,200 Water Line $10. $2,500 - $2,500 Planter Beds $300 .,6 0, $18,000 - $18,000 Topsoil/Planting Soil Mix ",$"10 400 $4,000 - $4,000 Sub -Total $38,860 $38,860 2 V CATCH Program Implementation Staffing for Paducah Parks Services $25,000 1 $25,000 $25,000 Sub-ToI $25,000 $25,000 77111 "T 2 -Ow MR Engineering Design 42,545 __$42,545 Sub Total. $4i,5'45 $42,545 GRAND TOTAL $303,605 $150,000 $114,745 $38,860 15 1 P a g e Attachment C Announcements and Promotional Activities Guidelines Any public references to the Foundation must use the following language, which cannot be altered, edited, or expanded upon without the prior written approval of the Foundation. If your project or event is solely funded by the Foundation, please use the following description: "The (project/event) is funded by a grant from the Foundattion for a Healthy Kentucky. The Foundation's mission is to address the unmet health care needs of Kentucky, by developing and influencing health policy, itzlgroving access to care, reducing health risks and disparities and promoting health equity:". If your project or event is partially funded by the Foundation, please use the following description: "The (project/event) is funded �i.��art by a grant t.rom the Foundation for a Healthy Kentucky. The Foundation's �t.;.ission`is to addres's unmet health care needs of Kentucky." For the purpose of distributing' flyers, posters, or, other such announcements, the following sentence should appearin the materials if the project or event promoted is solely funded by the Foundation: "Funded by a grant from the"Foundation fora Healthy Kentucky." If the project or event promoted is partially funded by the Foundation, use the following description: "Funded in part by a grant from the Foundation for a Heahby Kentucky." Copies of all external comnmunications materials such as press releases, press kits, or flyers that reference the Foundation in relation to this grant should be sent to the Foundation. If you plan to issue a press release or hold a press event, please contact the Foundation for assistance by notifying the Foundation Program Officer assigned to your grant. 16 Pnc,c Website and Electronic Publication As more organizations make use of websites and electronic newsletters to disseminate news of their programs, the Foundation asks that organizations adhere to the following guidelines. This helps the Foundation to assure that the Foundation's mission and funding programs are described accurately and consistently. • Use only the language provided in the above guidelines (or other similar language agreed to by the Foundation) when referencing the Foundation's programs or grants. • Organizations with websites who want to provide information about the Foundation to their site's visitors are asked to link to the Foundation's website—www.healthy- ky.org. + Organizations may not use the Foundation name and!or logo on their websites or any implication that such sites were credted or sponsored by the Foundation without express permission. • Organizations may not duplicate information"(tex..t, photos, etc.) from the Foundation's website for 11. their own site, except that information which uniquely describes the organization'. • Organizations, mdy not link theFoundatioin website to coipiercial websites that promote services or prWUCts unrelated to the work fmidc;d by the Foundation. 171Pa«z Agenda Action Form Paducah City Commission Meeting Date: April 14, 2015 Short Title: Supplemental Agreement No. 1 with th(.; Commonwealth of Kentucky, Transportation Cabinet, Department of Highways for the Olivet Church Road Improvement Project, Construction Fhase ®Ordinance [] Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff %,York By: Angela Weeks, EPW Proj Mgr Presentation By: Rick N[Urphy, P.E., City Engineer -Public Works Director Background Information: Ordinance 42007-02-7247 authorized the execution of an Aereetnent with the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways to reimburse the City of Paducah up to $2,000,000 for expenses incurred for acquisition of right of way and utility relocation for the Olivet Church Road Improvement Project, In to being the construction phase, tilichael W. Hancock, P.E., Secretary oldie Transportation Cabinet, has forwarded Supplemental Agreement No. 1 to the original Agreement which authorizes $6,200,000 in reimbursable state funding for the construction phase of the Olivet Church Road Improvement Project. In accordance with this Supplera,nital Agreement, the City will be responsible for any ineligible costs and costs in excess ofll-te S6.2 million. Goal: ZStrong Economy ®Quality° Services NVital Neighborhoods ❑Restored Downto«ns Funds Available: Account Name: ov�vG-rcr�.2rJ co�uS7. Project Number: oqo-3315-t53a'Z3°7 Finance Account Number: 5`r cao 3 9 Staff Recommendation: To adopt an Ordinance authorizing the Mayor to execute Supplemental Agreement # 1 beo,�een the Cornmon,,vealth of Kentucky, Transportation Cabinet, Department of Highways and the City of Paducah for reimbursable expenses up to $6,200,000 for the Construction phase of the Olivet Church Road Improvement Project. Attachments: Original Ordinance and Agreement Copy of the Supplemental Agreement i All Depar e t ad City Clerk CityM®a�j�a(ger f ORDINANCE NO. 2015 -4 - AN ORDINANCE APPROVING SUPPLEMENTAL ACREErMENT NO. l BETWEEN THE CONIMONWEALTH OF KENTUCKY TRANSPORTATION CABINET, DEPARTiVIENT OF HIGHWAYS AND THE CITY OF PADUCAH, KENTUCKY, FOR THF OLIVET CHURCH ROAD IMPROVEMENT PRO.IECT, CONSTRUCTION PHASE AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, by Ordinance No. 2007-2-7247, the City of Paducah authorized a contract in the amount of 52,000,000 for reimbursable funding with the Commonwealth of Kentucky, Transportation Cabinet. Department of Highways for the Olivet Church Road Improvement Project; and WHEREAS, the Commonwealth of Kentucky, Transportat ion Cabinet, Department of Highways agrees to make available to the City an additional S6,200,000 in reimbursable funding, bringing the total to S8,200,000; and WHEREAS, all other terms and conditions of the original contract approved by Ordinance No. 2007-2-7247 remain the same and are legally binding; and WHEREAS, the City of Paducah and the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways agree to Supplemental Aa eement No. 1. BE IT ORDAINED BY THE CITY OF PADUCAH, KEr\'TUCKY: Section 1. That the City of Paducah hereby approves aMavfEhorizes the Mayor to execute Supplemental Agreement No. I with the Commonwealth of Kerttucky, Transportation Cabinet, Department of Highways for additional reimbursable funding in the amomoi 56.200,000 for completion of the Olivet Church Road Improvement Project, Construction Phase. 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 unenforc0bility of such section, paragraph or provision shall not affect any of( he remaining provisions oftlaisClr6nance. Section 3. Compliance With Open Meetings Laws, The City Commission hereby finds and determines that all formai actions relative to the adoption of this Ordin.aace vtere taken in an open meeting of this City Commission, and that all deliberations of this City Coirmission and of its committees, if any, which resulted in formal action, were in meetings open to the, public, in full compliance with applicable legal requirements. Section 4. Conflicts. All ordinances, resolutions, orders drNris thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, herebyrerpealed and the provisions of this Ordinance shall prevail and be given effect. Section 5. Effective Date. This Ordinance shall be read oniuoseparate days and will become effective upon summary publication pursuant to KRS Chapter 421, Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, April 14, 2015 Adopted by the Board of Commissioners, April , 2015 Recorded by Tammara S. Sanderson, City Clerk, April , 2015 Published by The Paducah Sun, 1ordlenalagree-ky-supp 1--olivet church rd McCracken County City of Paducah Olivet Church Road (KY 998) Item No. 1-123,00 $6,200,000 — FD04 Funds AGREEMENT BETWEEN COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET DEPARTMENT OF HIGHWAYS AND THE CITY OF PADUCAH SUPPLEMENTAL AGREEMENT NO. I WHEREAS, the City of Paducah "City" and the Department of Highways "Department" entered into an agreement on February 27, 2007 (P02-625-0700006232) wherein the Department was to make available to the City up to $2,000,000 in state reimbursement funding (FD04) to provide for the right-of-way phase and the utility phase of the Olivet Church Road re- construction project, listed in the Kentucky Highway Plan as Item Number 1-123.00 (Project); WHEREAS, the City has requested authorization for an additional $6,200,000 from the Department for the construction phase of the Project; WHEREAS, the City shall be the lead agency and perform this Project to enhance the safety and accessibility through the highway network, and is willing to assume oversight, coordination, and management responsibility for all necessary right-of-way, utility, and construction phases of this Project in accordance with all applicable state requirements listed in the Department's Project Development Guide for Local Public Agencies and the Department's Project Development Checklist and Certification. NOW, THEREFORE, the City and the Department, acting on behalf of the Kentucky Transportation Cabinet, do hereby mutually agree to this Supplemental Agreement No. 1 as follows: McCracken Count} City of Paducah Olivet Church Road (KY 993) Item No. 1.123.00 $6,200,000 — FD04 Funds 1. The Department agrees to make available up to $6,200,000 in reimbursable state funding (SPP) as approved by the 2014 Kentucky General Assembly to the City for the construction phase, including railroad flagging costs, of the new five -lane horizontal re -alignment of Olivet Church Road (KY 998). The Department has now provided th-_ City up to a total of $8,200,000 in reimbursable state funding (FD04) for all eligible expenses for the right-of-way phase, the utility phase and the construction phase of this Project. The City shall be responsible for all eligible costs above the $8,200,000 as well as any costs deemed ineligible for reimbursement from this Project. Any additional funding obligated for the ccnpletion of this Project shall be evidenced in writing by both parties with a Supplemental Agreement. 2. All valid expenses since February 27, 2007 are eligible for state reimbursement and will remain so until three (3) years from the date of execution of this Supplemental Agreement No. 1. The City is responsible to meet all state requirements and adhere to all regulations necessary to qualify for the receipt of these funds. The City agrees to accept up to an additional $6,200,000 in state funding for the construction phase of this Project, but understands that any costs in excess of the total funding of $8,200,000 or any expenses deemed ineligible will be the responsibility of the City. 3. This Agreement is contingent upon the continued availability of appropriated funding. If the funding appropriated for the Project becomes unavailable for any reason including: the Kentucky General Assembly's failure to appropriate the funding, by operation of law or as the result of a reduction in funding, further reimbursement of Project expenditures may be denied, the Project may be cancelled, the timeline extended or the scope amended by the Department either in whole or in part without penalty. Denial of further reimbursement, Project cancellation, extension or amendment because of an interruption in the appropriated funding is not a default or breach of this Agreement by the Department nor may such denial, cancellation, extension or amendment give rise to any claim against the Department. 2 McCracken Count}' City of Paducah Olivet Church Road (KY 998) Item No. 1.123.00 $6,200,000 — FD04 Funds 4. The effective date of this Supplemental Agreement is the date of signature by the Secretary of the Transportation Cabinet. The Term of Eligible Reimbursement under this Agreement shall be three (3) years from the date of its execution unless ectended or amended by written Agreement in accordance with the provisions of KRS 45A. Any and all funding obligated for any phase of this Project shall be available to reimburse the City for eligible work activities completed and costs incurred prior to expiration. 5. The City shall follow state specifications for each necessary phase of this Project. The City shall adhere to all state regulations, including KRS 45A, KRS 176, KRS 177, and all terms of this Agreement for activities related to this Project as lead agency. The City will obtain any required permits, licenses or easements required to initiate, perform, and complete work and provide documentation to the Department's District One Office in Paducah. In addition, the City is responsible to meet all other requirements and adhere to all regulations necessary to qualify for the receipt of these state funds. Concurrence must be obtained by the City through the Department's District One Chief District Engineer in Paducah prior to the awarding of any contract for work or materials to be used on this Project. 6. Should the Project require any design services, the City agrees to use only licensed consultants who are pre -qualified to do work for the Department or to use a licensed Professional Engineer registered in the Commonwealth of Kentucky that demonstrates sufficient experience and knowledge in the type of work and receives the approval of the Department's District One Chief District Engineer in Paducah. The City shall be responsible for all Project design activities, which may be completed either by the City's staff or a consultant that is to be selected based on qualifications. All design work to be contracted must comply with all legal advertisement and selection requirements including, but not lim ted to, the Model Procurement Code provisions of KRS 45A and KRS 424. The City shall submit and obtain concurrences to the Department's District One Chief District Engineer in Paducah final design plans, 3 McCracken CountY City of Paducah Olivet Church Road (KY 998) Item No. 1-123.00 $6,200,000 - FD04 Funds specifications, and a total estimate prior to any construction. When applicable, the City must obtain any necessary permits or easements to allow for work tobc accomplished on this Project and adhere to the Uniform Relocation Assistance (URA) and Real Property Acquisitions Policies Act. 7. Should the Project require the acquisition of any interest inrreal property by the City and the City does not have the authority to acquire property by emineni domain, the applicability of the Uniform Relocation Assistance (URA) and Real Property Acquisitions Policies Act shall be limited to the following requirements: (1) Prior to making an offer for the property, the property owner shall be advised in writing that should negotiations fail to result in an amicable agreement, the City will not be able to acquire the property, and (2) The property owner shall be informed in writing of what the City believes to be the fair market value of the property based upon a fair market value appraisal approved prior to any offer by the Department, Division of Right of Way and Utilities. The City shall ensure that all real property acquisition, relocation assistance, and property management are completed in a fair, equitable and approved manner consistent with all state laws and regulations governing the acquisition of real property for public use using highway Funding. In all real property acquisitions, concurrence must be obtained through the Department's Division of Right of Way and Utilities and shall be subject to review and approval by the Department. 8. The City must obtain encroachment permits to allow for work to be accomplished on state owned right-of-way from the Department's District One Office in Paducah. The City acknowledges that the Department will require the placement of a restrictive easement approved by and in favor of the Department in the chain of title of any real property acquired or improved pursuant to the Project. If the owner of any real property acquired or improved pursuant to the Project is not the Department or the City, the owner shall sign and be made a party to this Agreement and the owner hereby acknowledges, covenants and consents to the placement of a 4 1CcCracken County City of Paducah Olivet Church Road (KY 998) .Item No. 1-123.00 $6,200,000 — FD04 Funds restrictive easement for perpetual maintenance of the property acquired or improved pursuant to the Project in the chain of title in favor of the Department prior to final reimbursement by the Department. 9. The City shall either adopt in writing the Department's written Policies and Procedures for Right of Way Acquisition and Relocation Assistance or present its own written Policies and Procedures for approval by the Department's Division of Right of Way and Utilities. The City shall conduct all appraisals and appraisal reviews using personnel meeting the Department's minimum qualifications and listed on the Department's pre -qualified appraiser and reviewer list, If the City chooses to use an acquisition consultant on all or any portion of the Project, the selection of the consultant shall be in accordance with the Department's Division of Right of Way Guidance Manual. All appraisals must be reviewed and approved by the Department's Central Office review appraisers, failure to do so will result in the Project being ineligible for funding reimbursement. The City shall provide property management in accordance with approved procedures and be responsible for the abatement of any asbestos containing materials and removal of contaminated soils pursuant to applicable state laws and regulations. The City shall provide the Department necessary assurance that all real property has been acquired and all displaced individuals, businesses, non-profit organizations and farms have been offered relocation assistance according to applicable state laws and regulations. The City shall provide the Department necessary documentation for review and approval at various stages of the acquisition process, as described in the Department's Right of Way Relocation Assistance Guidance Manual. 10. When conducting a utility relocation, KRS 177.035 and KRS 179.265 determine the necessity of payment for utility companies. Identification of utility or railroad facilities in conflict with the Project, the execution of a remedy for said conflict and oversight of the execution, and all work related to the Project shall be done in accordance with the Cabinet's 5 McCracken Countp City of Paducah Olivet Church Road (KY 998) [tem No. 1-123.00 $6,200,000 — FD04 Funds Standards, Specifications, Standard Drawings, and Utilities and Rails Manual. Utility relocations shall be designed by the utility company and shown on the Project's survey and general plan sheets. The impacted utility company, with its regular construction or maintenance personnel, and/or with an approved contractor or subcontractor, will furnish all engineering, administration, labor, and materials to make and complete all necessary adjustments of its facilities to accommodate the Project. Correspondence pertaining to utility or railroad coordination must be provided to both contracted parties. If a conflict of interest arises between the obligated party and a utility company, the unobligated party shall intercede to provide the utility coordination. The completed relocation shall be inspected to document the proper installation of the facilities. Upon full execution of the utility relocation for the Project, three (3) sets of as -built plans for each utility company that completes facility relocation on the project prior to the construction letting, a utility impact note defining the utilities identified in the Project, relocations that have been performed, incomplete relocations, and completion schedules for the incomplete work must be provided. 11. State construction criteria for the type of work shall be followed, including but not limited to the Department's Highway Design Manual, the Department's Standard Drawings, the Department's Standard Specifications for Road and Bridge Construction, the Department's Drainage Manual, the Department's Structural Design Manufl, the American Association of State Highway Transportation Officials' (AASHTO) "Policy on Geornetric Design of Highways and Streets", and the FHWA Manual on Uniform Traffic Control Devices (iV1UTCD). All work performed shall be in accordance with the Department's Standard Specifications for Road and Bridge Construction, edition 2008 as revised, and as provided in Subsection 105.01 of said Specifications. All materials furnished shall be in accordance with Subsection 106 of said Specifications to include all Department List of Approved Materials. These standards, specifications, and criteria are incorporated in this Agreement by this reference. 0 McCracken County City of Paducah Olivet Church Road (KY 998) Item No. 1.123.00 $6,200,000 — FD04 Funds 12. The City agrees to use only licensed contractors and subcontractors who are pre -qualified to do work for the Department for any necessary construction services. The City shall be responsible for all Project construction activities, which may be completed either by the City's staff or through the advertisement, opening of bids, selection, and contracting for contractor services in accordance with the Model Procurement Code provisions of KRS 45A and KRS 424. Specific requirements defined within KRS 45A require that the award be made to the lowest responsive bidder meeting the criteria of responsibility established by the Department. The contractor affirms that it is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing to do business in the Commonwealth of Kentucky for the duration of any contract awarded. The contractor shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof. The City must receive Department approval for all change orders and shall have approval of the appropriate governing authority, but shall not increase the funding obligated to the City as a result of this Agreement. 13. The City shall be responsible for all aspects of administration, measuring, testing, and inspections to ensure the materials and work meets the Department's specifications of the construction contract. This includes providing daily, on-site inspection of the contractor's work activities and processing all of the paper work associated with the construction contract, including any change orders. The Department shall have access to the Project area and may conduct field reviews of the Project at any time. These field reviews are intended to verify status of the Project, performance of the contractor, adequacy of the City oversight, conformance with all laws, regulations, and policies and provide assistance to the City as may be necessary 7 , McCracken County City of Paducah Olivet Church Road (KY 998) Item No. 1-123.00 $6,200,000 -- FD04 Funds 14. The City may submit to the Department's District One Office in Paducah current billings reflecting the actual cost of work incurred during any given work period, which will be paid within a reasonable time after receipt by the Department; however, in no event is the City to submit billings for work performed for less than a thirty (30) day period. All charges to the Project shalt be supported by properly executed invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charge. The Department may require additional documentation at their discretion, 15. The City is responsible for ensuring that all Project construction activities have been completed and are responsible for providing all of the necessary paperwork as required by the construction contract. The City will conduct a field inspection to verify completion of the work in conformance with the Agreement. This documentation must be provided to the Department's District One Chief District Engineer in Paducah prior to final Payment of the Project. When both the City and the Department accept the field work as cornplete, the City's project manager shall certify the Project was constructed in accordance with the plans and specifications and that all funding authorized on this Project has been used to reimburse for materials, equipment, or labor as intended and at the location agreed herein by bode parties. Upon receipt of the Department's Final Acceptance Report, the City will issue thi final payment to the contractor with an official Release of Contractor form for signature. `Vithirl 30 days, the City shall provide the Department with a copy of the official Release of Contractor form, as well as proof of payment, which includes cancelled checks, 16. This Agreement and the maintenance responsibilities hereia shall survive in perpetuity the cancellation or termination of all or any portion of the Project, and shall survive the completion of and acceptance of the Project. To protect the public interest and maintain the original intent, the City agrees to maintain in an acceptable condition all facilities improved by the Project to the condition existing at the time of the Final Acceptance Report in perpetuity. In the event that 8 McCracken Count}' City of Paducah Olivet Church Road (KY 998) Item No. 1.123.00 $6,200,000 — FD04 Funds the Project improvements are not maintained as a public facility, the City shall reimburse the Department for all costs incurred and for all funding expended pursuant to the Project, including any applicable interest. 17. The City shall maintain for a period of three (3) years all records of materials, equipment, and labor costs involved in the performance of work of said Project. In order to obtain reimbursement from the Department for constructing said Project, the City shall submit to the Department's District One Office in Paducah documented invoices of materials, equipment, and labor used on the Project, including certification that the work was accomplished on a publicly maintained facility. 18. No member, officer, or employee of the Department or the City during his tenure or for one (1) year thereafter shall have any financial interest, direct or indirect, in this Agreement or the proceeds thereof as identified in KRS 45A.340. The Department and the City shall comply with the requirements of the Executive Branch Code of Ethics KRS Chapter 11 A. The City warrants that no person, elected official, selling agency or other organization has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. No member, officer, or employee of the Department or City shall collude or lobby on behalf of this Project without penalty, including but not limited to suspension or debarment. 19. To the extent permitted by law, the City shall indemnify and hold harmless the Department and all of its officers, agents, and employees from all suits, actions, or claims of any character arising from any injuries, payments or damages received or claimed by any person, persons, or property resulting from implementation of any phase of the Project or occurring on or near the Project site. 9 McCracken County City of Paducah Olivet Church Road (KY 998) Item No. 1-123.00 $6,200,000 -- FD04 Funds 20. Either party may cancel the contract at any time for cause or may cancel without cause on 30 days written notice. a. The Department reserves the right to cancel all reimbursetrenis under this Agreement at any time deemed to be in the best interest of the Department by giving thirty (30) days written notice of such cancellation to the City. If reimbursement under this Agreement is canceled under this section by reason other than violation of this Agreement or any applicable law by the City, its agents, employees and contractors, the Department shall reimburse the City according to the terms hereof for all expenses incurred under this agreement to the date of such cancellation of reimbursement. b. The City may seek to cancel its obligations under this Agreement at any time deemed to be in the best interest of the City by giving thirty (30) days writien notice of such request to the Department. If the Department agrees to allow the City to cancel the Project or cancel its obligations under this Agreement, the City shall reimburse n -c? Department for all funding reimbursements made under this Agreement. c. Any dispute concerning a question of fact in connection mi th the work not disposed of by Agreement between the City and the Department shall be referred to the Secretary of the Transportation Cabinet of the Commonwealth of Kentucky, or his duly authorized representative, whose decision shall be final, Any proposed change or extension to this Agreement shall be at the mutual consent of the City and the Department and be evidenced in writing. 21. The Kentucky General Assembly may allow for a reduction in a contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the contract will be reduced by the amount specified in that document. to h-lcCracken County City of Paducalr Olivet Church Road (KY 998) Item No, 1-123.00 $6,200,000 — FD04 Funds 22, The Department certifies that it is in compliance with the provisions of KRS 45A.695. "Access to contractors books, documents, papers, records, or other evidence directly pertinent to the contract." The City hereby acknowledges it is responsible to inform any entity it intends to hire or use as a contractor, as defined in KRS 45A.030(9), that the contracting agency, the Finance and Administration Cabinet, the Auditor of public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 6t.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. 23. KRS 45A.485 requires the City to certify that all contractors shall reveal to the Department, any final determination of a violation by the contractor within the previous five (5) year period of the provisions of KRS chapters 136, 139, 141, 337, 338, 341, and 342. These statutes relate to the state sales and use tax, corporate and utility tax, income tax, wages and hours laws, occupational safety and health laws, unemployment insurance Eaws, and workers compensation insurance laws, respectively. 24. The City shall certify that all contractors agree to be in Continuous compliance with the provisions of those statutes which apply to the contractor's operations. Failure to reveal a final determination or failure to comply with the above statutes for the duration of the contract, shall be grounds for the City's cancellation of the contract and the contractor's disqualification from eligibility for future state contracts for a period of two (2) years. McCracken County City of Paducah Olivet Church Road (KY 998) Item No. 1-123.00 $6,200,000 — FD04 Funds 25. It is understood and agreed by these parties that if any pert of this contract is held by the courts to be illegal or in conflict with any law of the Commonvealth of Kentucky, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid. 26. The City will pass a resolution authorizing the 1Vlayor to sign this Agreement on behalf of the City. An acceptable Resolution shall contain the project napye, description, amount of funds being provided and an acknowledgement that the City agrees to ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Agreement. Furthermore, by accepting the funds the City agrees to all terins and conditions stated in the Agreement. A copy of that resolution shall be attached to and made a part of this Agreement, 27. All other terms and conditions of the original agreement (1'02-625-0700006232) executed on February 27, 2007 shall remain the same and are legally binding. 12 McCracken County City of Paducah Olivet Church Road (KY 998) Item No. 1.123.00 $6,200,000 — FD04 Funds IN WITNESS WHEREOF, the parties have caused these presents to be executed by their officers thereunto duly authorized. CITY OF PADUCAH Gayle Kaler Mayor COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET Michael W. Hancock Secretary DATE: DATE: APPROVED AS TO FORM & LEGALITY Office of Legal Services DATE:�� 13 ORDINANCE NO. 2007-2-7247 AN ORDINANCE AUTHORIZENO THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COMMONWEALTH OF KENTUCKY, TRANS P ORTAJTOJ�' CABINET, DEPARTMENT OF HIGHWAYS FOR THE OLIVET CHURCH ROAD IMPROVE,YLENT PROJECT BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION I. That the Mayor is hereby authorized to execute an agreenrerat with the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways, for acquisition of right of way and utility relocation for the Olivet Church Road Jmprovernvieat Project. The Department will reimburse the City up to $2,000,000 for completion ofthese two phases, SECTION 2. This ordinance shall be read on two separate clays and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: ammara S. Brock, City Clerk (itroduced by the Board of Commissioners, January 23, 2007 Adopted by the Board of Commissioners, February 13, 2007 Recorded by Tammara S, Brock, City Clerk, February 13, 2007 Published by The Paducah Sun, February 21, 2007 lordlenglagreement•olivet ch rd improve prof i CITY OF PADUCAH IN McCRACKEN COUNTY OLIVET CIU URCU ROAD (KY 998) 6YP ITEM NO. 1.12300 RIGHT-OF-WAY & UTILITY pgASES S2,000,000 — FD04 FUNDS IJ OEM AGREEMENT BETWEEN COMMONWEALTH OF KENTUCKY ff FF:;) TRANSPORTATION CABINET DEPARTMENT OF HIGHWAYS 11 AND CITY OF PADUCAH THIS AGREEMENT, entered into by and between the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways, hereinafter referred to as the "Department," and the City of Paducah, F.O. Box 2267, Paduc6, KY 42002, hereinafter referred to as the "Cltys> WITNESSETH• WHEREAS, in order to relieve traffic congestion and improve traffic safety for Interstate 24 and US 60 at Exits 3 and 4, the parties hereto desire to extend the construction of a new five -lane horizontal re -alignment of Olivet Church Road from the end of the existing five -lane section to the intersection of Holt Road and US 60 (Hinklevii'.e Road) and widen the remaining portion of Olivet Church Road to three lanes from US 60 to thr: new horizontal alignment (see Attachment "A"), which shall hereinafter be referred to as the "Froject," and WHEREAS, the City desires to be the lead agency in executing this Project; and WHEREAS, the City has asked the Department for funding assistance for costs incurred during the right-of-way acquisition and utility relocation phases of this Project; and WHEREAS, the Department agrees this is a worthwhile Project and is willing to reimburse the City up to an aggregate amount of $2,000,000 for the purpose and combined casts of right-of- way acquisition and utility relocation in FDO4 state reimbursement funding for this Project; and WHEREAS, any cost in excess of the reimbursement funding (52,000,000) for this Project will be the responsibility of the City, CITY OF PADUCMI IN McCRACKEN COUNTY OLIVET CHURCH ROAD (KY 998) 6YP ITEM NO. 1423.00 RIGHT-OF-WAY & UTILITY PHASES $2,000,000 - FD04 FUNDS NOW, THEREFORE, in consideration of these premises and the mutual covenants contained herein, the parties hereby agree as follows: 1. The Department agrees to reimburse the City up to $2,000,000 for completion of work by the City under the obligations of this. agreement for the following Project: Acquire the necessary right-of-way parcels and relocate utilities in preparation of the grade, drain and surface for the Project described herein. This Project is listed in the 2006 Enacted Six -Year Highway Plan as Item Number I-123.00. The City agrees to be responsible for all costs above $2,000,000. This Project is an extension of the $350,000 in state discretionary funds for the left - turn lane on Olivet Church Road at the James Sanders Boulevard intersection that was constructed by the contract (C-05251464) that was executed on June 20, 2005. 2. The City shall be responsible for all activities related to this Project as lead agency. The City will obtain any required pe nits for work to be accomplished on state-owned right of - way from the Department's District 1 Office in Paducah. The City shall be responsible for all activities related to the further development and completion of this Project. Upon completion, the Department will accept maintenance responsibilities for the new five -lane section from the end of the existing five -lane section to the intersection of US 60 and Holt Road, whereas the City will cause local government to accept and maintain the new three - lane section from the new aligrmrenl of the five -lane section to the current intersection of US60 and Olivet Church Road (KY 998). Concurrence must be obtained by the City through the Department's District I Executive Director in Paducah for construction plans and prior to the awarding of any contract for work or materials to be used on this Project. Contractors must be prequalified with the Commonwealth of Kentucky, Transportation Cabinet prior to being awarded any contract for work. Ali work or materials to be contracted for must comply with ail legal bidding requirements including, but not limited to, the provision of KRS 45A and 424. CITY OF PADUCAH IN McCRACKEN COUNTY OLIVET CHURCH ROAD (KY 998) 6YP ITEM N0, 1-123.00 RIGHT-OF-WAY & UTILITY PHASES $2,000,000 - F1104 FUNDS 4. The City shall indemnify and hold harmless the Department and all of its officers, agents, and employees from all suits, actions, or claims of any character because of any injuries or damages received by any person, persons, or property resulting from construction of the herein set forth Project. 5. The City shall maintain for a period of three (3) years all records of materials, equipment, and labor costs involved in the performance of work of said Project. In order to obtain reimbursement from the Department for constructing said Project, the City shall submit to the Department's District 1 Office in Paducah documented invoices of materials, equipment, and labor used on the Project, including certification that the work was accomplished on a publicly maintained facility. 6. The City may submit to the Department's District Office I in Paducah current billings reflecting the actual cost of work incurred during any given work period, in which case the current billings will be paid within a reasonable time after receipt of same by the Department; however, in no event is the City to submit billings for work performed for less than a thirty (30) day period. 7. The Department reserves the right to cancel this Agreement at any time deemed to be in the best interest of the Department by giving thirty (30) days written notice of such cancellation to the City. If the Agreement is cancelled under this provision, the Department shall reimburse the City according to the terms hereof to the date of such cancellation. 3. It is understood and agreed by these parties that if any part of this contract is held by the courts to be illegal or in conflict with any law of the Commonwealth of Kentucky, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall he construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid. 9. The City will pass a resolution authorizing the Nfayor to sign this Agreement on behalf of the City. A copy of that resolution shall be attached to and made apart of this Agreement. CITY OF PADUCAII IN McCRACKEN COUNTY OLIVET CHURCH ROAD (KY 998) 6YP ITEM NO. 1-129.00 RICHT-OF-WAY & UTILITY PHASES $2,000,000 — FD04 FUNDS IN WITNESS WHEREOF, the parties have caused these presents to be executed by their officers thereunto duly authorized. CI 6{' AD CAH William Paxton Mayo DATE: — a142 - CON OF KENTUCKY TRANSPORTATION CABINET BiU Nighbert Seeretnry DATE: APPROVE AS TO FORM & LEGALITY o Todd Shipp Office of Legal Servicers DATE: h fl l ATTACHMENT 'A' is ATTACHMENT 'A' Steven L. Beshear Governor The Honorable Gayle Kaler Mayor, City of Paducah 300 South Fifth Street Paducah, KY 42002 Dear Mayor Kaler: Commonwealth of Kentucky TRANSPORTATION CABINET Frankfort, KY 40622 www. ken tocky.gov March 23, 2015 Michael W. Hancock Secretan RECEIVED N14R !)J 7 2015 ENGINEERING DEPARTMENT The Kentucky Transportation Cabinet has prepared the enclosed supplemental agreement whereby the Cabinet will provide tip to $6,200,000 in reimbursable state funding (FD04) for the construction phase of the Olivet Church Road project, listed in the Kentucky Highway Plan as Item Number 1-123. Please see the agreement for more details. The city of Paducah will be responsible for any ineligible costs and costs in excess of the $6,200,000 for the construction phase of this project. We request that you sign both copies of this agreement and a resolution as requested in Section 26. Please return the signed copies of the agreement and the resolution to Linda Inman, Kentucky Transportation Cabinet, Division of Program Management, 200 Mero Street, Frankfort, KY 40622. Upon receipt, we will execute the agreement and authorize funding for this project. One fully executed copy will be returned to your attention for your use and retention. ly, 1Vltch e W. Hanc k, P.F. Secretary MWH:Ipi Enclosures (2) c: Steve Waddle, P,E., State Highway Engineer Mike McGregor, P.E., Chief District Engineer, D-1 Jessica Herring, P.E., LPA Coordinator, D-1 UNBAI(OL ED SPfAucf fT _�n L'qual Opportu un Empto}er SAMPLE RESOLUTION Fiscal Court of (County Name) Resolution adopting and approving the execution of a Memorandum of Agreement between the (County Name) Fiscal Court and the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways for in the amount of $(Amount of Funds) for the (Project Title), and Be it resolved by the Fiscal Court that: The Fiscal Court does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in said Agreement and does hereby accept the funds provided in said Agreement and by such acceptance agrees to all the terms and conditions therein stated; and The Judge/Executive of the County is hereby authorized and directed to sign said Agreement as set forth on behalf of the Fiscal Court of (Courity Name), and the Fiscal Court Clerk of (County Name) is hereby authorized and directed to certify thereto, COMMONWEALTH OF KENTUCKY, (COUNTY NAME) I, , Fiscal Court Clerk of (County Name) certify that the foregoing is a true copy of the Order above, given under my hand and seal of office this the day of , 2014. PRINTED NAME SIGNED NAME FISCAL COURT CLERK OF (COUNTY NAME) Agenda Action Form Paducah City Commission Meeting Date: 4-14-15 Short Title: Amend the City's Procurement Code - Competitive Sealed Bidding ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Project Manag--r & Tammy Sanderson, City Clerk Presentation By: Jeff Pederson, City Manager Background Information: Section 2-642 of the Paducah Code of Ordinances adopts the provisions of KRS 45A.345 - 45A.460 as the purchasing procedures to be followed by the City. However, at this time, bid procedures under Section 2-645 Competitive Sealed Bidding Generally; Invitation for Bids, contradicts two KRS bid procedures. City Ordinance Sec. 2-645 (b) and Sec 2-645 (e) (1) inandates all sealed bids shall be advertised not less than seven nor more than 2 l days prior to the date set for opening. KRS requires the ad to be advertised for not less than seven days prior to the bid opening and forgives the 21 day time period. The City's maximum advertisement period of 21 days is not always sufficient for certain extensive Projects that may require more time to assemble a Bid. Additionally Federal and State grant projects require the bid opening to be more than 21 days from advertisement. 2. City Ordinance Section 2-645 (c) states advertisements shall be entered in the newspaper with the largest circulation within the jurisdiction of the City. KRS allows for advertisement to be posted on the Internetor in the newspaper. The ability to post ads on the Internet will provide a cost savings t.o the City. Therefore, it is requested that the City's Procurement Code be revised to remove the 21 day maximum advertisement time period and to add the Internet as an alternate to advertisement in order to be consistent with KRS bidding requirements. Goal: []Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Agenda Action Form Page 2 To adopt an Ordinance authorizing revisions to Section 2-645 (b) and Sec 2-645 (e) (1) by removing the 21 maximum advertisement time period and to revise Section 2-645 (c) to add the Lmemet as an advertisement alternate in order to be consistent with KRS bidding requirements Attachments: ORDNANCE NO. 2015 -4 - AN ORDINANCE MMENDLNG CHAPTER 2, ADMMSTRATION OF THE CODE OF ORD L LANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION I. That Section 2-645, "Competitive Sealed Bidding Generally; Invitation for Bids" of Chapter 2, Administration of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Sec. 2-645. - Competitive sealed bidding generally; ii av itation for bids. (a) All contracts or purchases shall be awarded b% competitive sealed bidding. except as otherwise provided in this Code of Ordinances. (b) All sealed bids shall be advertised net less_ tk an at least seven a � that 21 days prior to the date set for opening. (c) Advertisements shall be entered in the ne�:vspaper with the largest circulation within the jurisdiction of the city or posted on the intereet. (d) The advertisement for bids may also be placed in other publications when. in the judgment of the City Manager, the advertisements would best serve the interest of the city. (e) If it is determined during the advertising periiid that additional time shall be allowed for the preparation of bids, the bid opening date may be extended by: (1) Placing a notice specifying the revism--d bid opening date in the local newspaper with the largest circulation or posting on the inter -net. The revised bid opening date shall be n6t lessi;iaft at least seven days after the appearance of the legal Page I nonce; or (2) Issue an addendum to the invitation for bids. The addendum must be in writing, must be mailed or delivered to all holders of the invitation for bids, and must be acknDwledged on the form of proposal by each bidder submitting a Nd. (f) Extensions of the bid opening date may be peaOtted "hen: (l) Changes are made in specifications after advertisement; or (2) One or more bidders notify the City Manager's office of discrepancies, errors or areas req:iiiiag clarification in the specifications; or (3) Specifications require design work on the part of bidders, and when unforeseen conditions make coRipletion of bid preparations prior to the bid deadline impossible; of (4) Strikes, disaster or other uncontrollable factors prevent bidders from acquiring information necessary for bid preparation; or (5) Other reasons as may be determined by the City Manager. (g) An invitation for bids may be rescinded when: Page I (1) Conditions leading to the issuance of an invitation for bids change sufficiently to make the proposed purchase unnecessary. (2) Funds for the proposed purchase beco;ne snavailable. (3) It is apparent no bids will be received because the item or service is unavailable, bid prices will exceed the funds available for the item, and when major revisions in specifications are necessary to insure bids received will be responsive and responsible. (4) It is determined by the City Manager that rescinding of invitations to bid would be in the best interest of the city. (Code 1968, § 26-4) (h) Bidders may be required to submit bids on Forms provided by the city. Bids submitted on other forms may be rejected as nonresponsive. SECTION 2, Severarablity. If any section, paragrapl; 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. 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 Ordintuice shall prevail and be given effect. SECTION 4. 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 J&hcrations of this City Commission and of its committees, if any, which resulted in formal action, were in mectings open to the public, in full compliance with applicable legal requirements. SECTION 5. Publication. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Clapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, April 14. 2015 Adopted by the Board of Commissioners, April , 2015 Recorded by Tammara S. Sanderson, City Clerk, April , 2015 Published by The Paducah Sun, lordl2-645 competitive sealed bidding procedures Page 2 Agenda Action Form Paducah City Commission Meeting Date: April 14, 2015 Short Title: Contract with Paducah Convention & Visitors Bureau - $25,000 (conduit for AQS) ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Claudia Meeks, Jonathan Perkins Presentation By: Jeff Pederson, City Manager Background Information: As part of the Investment Fund Decision Items for FY2015 (current year), the Commission approved appropriation to fund the American Quilters Society for the 2015 Quilt Show in the amount of $25,000. When the City provides fiends to any organization, we prepare a simple Contract for Services agreement that describes the public services the organization will provide as a result of receiving the City funds. In order to expedite and simplify the process, the Paducah -McCracken County Convention Visitor Bureau (CVB) has agreed to act as a conduit through which local z:gency funds may now. Therefore, the City will need to execute a contract with the CVB to handle the 325,000 payment. History - In July 2007, the City verbally conmrilled to a cash incentive of823,000 for the spring 2008 American Quilter Society (AQS) Show. Other local agencies also connnitted firnds to the AQS show. The funds were to be used to market and promote events and venues related to the 2008 show. On lVfarch 18, 2008 the City Commission authorized a municipal order committing 823,000 in Commission contingencyfunds to the 2008 AQS show. This process ivas repeated in 2009, 2010 2011, 2012, 2013 and again in 2G1-1. This payment regztesi,4conlract is for Quill Show 2015. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: This expenditure was appropriated in the FY2015 Budget. Account Name: Services -Other 2� Account Number: 001-0401-536-8072 Fi nc Staff Recommendation: Authorize the Mayor to execute all necessary documents to execute an agreement (and a one-time written Contract for Services) with the Paducah Convention & Visitors Bureau in the amount of $25,000 on behalf of the AQS to be used for marketing and promotiiag events and venues related to the 2015 AQS Show. Agenda Action Form Attachments: Ordinance Contract Department Head 11 City Clerk Cit Page 2 ORDINANCE NO. 2015 -4 - AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE PADUCAH-MCCRACKEN COUNTY CONVENTION AND VISITORS BUREAU FOR SPECIFIC SERVICES BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a contract with the Paducah -McCracken County Convention and Visitors Bureau in the amount of 525,000 to be used for marketing and promoting events and veuaies related to the 2015 American Quilters Society Show. This contract shall expire JUM 30, 2015. SECTION 2. This expenditure shalt be charged to the Services -Other (004-0401-536-8072) account. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, April 14, 2015 Adopted by the Board of Commissioners, April , 2015 Recorded by Tammara S. Sanderson, City Clerk, April 2015 Published by The Paducah Sun, lordlcontract-Convention & Visitors Bureau (AQS 2015) CONTRACT FOR SERVICES This Contract for Services, effective this day of , 2015, by and between. the CITY OF PADUCAH ("City") and the PADUCAH-McCRACKEN COUNTY CONVENTION & VISITORS BUREAU (hereinafter referred to as Paducah CVB), WITNESSETH: WHEREAS, the Paducah CVB is a government organization funded by the transient room tax; and WHEREAS, the Paducah CVB is dedicated to providing destination marketing for Paducah - McCracken County and is responsible for generating incremental economic benefit to the community through the attraction of leisure traveller, convention, trade show and group tour visits; and WHEREAS, City funding would assist the Paducah CVB in assuring the American Quilters Society (AQS) 2015 show is held in Paducah; and WHEREAS, the City of Paducah desires to contract with the Paducah CVB for the services to be described herein under the terms and conditions set forth in this Contract for Services. NOW THEREFORE, in consideration of the foregoing premises and lli.e mutual covenants as herein set forth, the parties do covenant and agree as follows: SECTION I: TERNI The term of this contract for services shall be from the effective date of the contract until June 30, 2015. SECTION 2: TERMINATION Either party may terminate this Contract for Services upon failure of any party to comply with any provision of this agreement provided any such party notifies the other in writing of such failure and the breaching party fails to correct the breach within thirty (30) calendar days of the notice. SECTION 3: OPERATIONS PAYMENT In consideration of the fact that City funding assists the Paducah CVIi, in assuring that the American Quilter Society (AQS) 2015 show is held in Paducah, the City shall, tpoii receive of an invoice, pay the Paducah CVB, a one-time amount of Twenty -Five Thousand Dollars (525,000). SECTION 4: OBJECTIVES AND SERVICES During the term of this contract, the Paducah CVB will, on behalf {of the City of Paducah, provide funds, including this $25,000 to the AQS for the 2015 show to be usa.#.l for marketing and promoting events and venues related to the show. SECTION 5: ACCOUNTING (A) Paducah CVB shall continue to conduct all accounting, financial management, and (B) The Paducah CVB shall provide the City Commission their annual financial audit report for the Fiscal Year 2015. SECTION 6: ENTIRE AGREEIMENT This contract for services embodies the entire agreement between the parties and all prior negotiations and agreements are merged in this agreement. This agreement shall completely and fully supersede all other prior agreements, both written and oral, between the parties. SECTION 7: WITHDRAWAL OF FUNDS Notwithstanding any other provision in this Contract for Services, in i lie event it is determined that any funds provided to Paducah CVB are used for some purpose other than in furtherance of the services described herein, the City shall have the right to immediately withdraw any and all further funding and shall immediately have the right to terminate this Contract for Services without advance notice and shall have the right to all remedies provided in the law to seek reimbursement for al.l monies not properly accounted. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH GAYLE KALER, Mayor Date PADUCAH-MCCRACKEN COUNTY & VISITORS BUREAU By Title EkeC-c.L--{z've- ,1 Date: 'r'l G, 2-oIS 2