HomeMy WebLinkAbout04-28-15 Agenda PacketROLL CALL
CALLED CITY COfMAUSSION MEETING
AGENDA FOR AFRIL 28, 2015
4:30 P.M.
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
INVOCATION -- Rev. Karma! tNladdala — Missionary to India
PLEDGE OF ALLEGIANCE -- Carter Vaughn, PTHS Senior
DELETIONS
L
1 MOTION
A. R & F Called 11Nleeting Notices
B. Suspend Order of Business
II.
EX. SESSION
III.
PRESENTATIONS
A. Dogwood Trail Awards
B. Dogwood Trail Art & Photograph, Contest Awards
IV.
IVILNUTES
VI.
tMOTIONS
A. R & F Documents
VII.
MUNICIPAL ORDER
A. Personnel Actions
B. 2015 US Bulletproof Vest Partnership Grant Application — POLICE
CHIEF BARNHILL
C. Center Point Recovery Center— A 5 Community Development Block
Grant — S. ERVIN
VIII.
ORDINANCES — INTRODUCTION
A. Approve Contract for the 2015-2015 Concrete Program — R.
MURPHY y
B. Authorize Sublease of City Property between Seamen's Church and
American Bureau of Shipping — CITY MGR
IX.
CITY MANAGER REPORT
X.
MAYOR & COMtiIISSIONER COMMENTS
XI.
PUBLIC COMMENTS
XII.
EXECUTIVE SESSION
APRIL 14, 2015
At a Regular Meeting of the Board of Commissioners, hzld on Tuesday, April 14, 2015, at 5:30
p.m., in the Commission Chambers of City Hall located it 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, Gault, Rhodes, Wilson and Nlaryor Kaler (5).
PLEDGE OF ALLEGIANCE
Brante Green, Paducah Tilghman High School Senior, .led the pledge.
PRESENTATIONS
MAYOR'S AWARD OF MERIT
Mayor Kaler presented the Award of Merit to Daniel Mullen for his many years of work and
dedication to Paxton Park Golf Course.
DUKE & DUCHESS OF PADUCAH AWARDS
Mayor Kaler presented a Duke of Paducah to William Sturgis and a Duchess of Paducah to
Wanda Mullinax-Williams for their years of serving on the Paducah Golf Commission, She also
recognized Steve Kettler, member of the Golf Commissioa who was unable to be here, with a
Duke award.
She presented a Duke of Paducah to Dr. Jeffrey Seay forhis contributions to the community and
his work at the UK School of Engineering.
CREATIVE CITIES
Mary Hammond, Executive Director for Paducah -McCracken County Convention & Visitors
Bureau, introduced Sandro Tiberi, Master Papermaker from Fabriano, Italy, another UNESCO
Creative City. Mr. Tiberi and Ms. Hammond have been working together to form a relationship
between the City and Fabriano since both cities are award recipients for their arts.
The Mayor also awarded a Duke of Paducah to Mr. Tiberi,
SUMMER CALENDAR FOR SPECIAL EVENTS
Parks Services Department Special Events Coordinator Holly Tomasallo outlined the
calendar for special events to be offered this summer including Live on the River event
which will be on the following Saturdays: June 6, July 4, and August 1. The Thursday
evening Riverfront Concert Series will be expanded to six events for this summer. Those
dates are May 28, June 11, June 25, July 9, July 23, and August 6.
Vendors for the Farmers' Market will begin setting up on April 25 with the season to run
through October 31. A grand opening celebration will be held May 9 with special
Celebration Saturdays to continue once each month. Tht Farmers' Nlarket will be open
Monday through Saturday, 7:30 a.m. until 3:30 p.m. during the season.
FOUNTAIN AVE PARK DEVELOPMENT
Parks Services Director Mark Thompson, Mike Muscardla, Director of Rehabilitation
Services at Baptist Health Paducah, and United Way of Paducah -McCracken County
Executive Director Monique Zuber, announced the Cityalong with United Way of
Paducah, Lourdes Hospital, Baptist Health Hospital, and 1he Purchase Area District
Health Department have been awarded $400,000 from the Foundation for a Healthy
Kentucky for a park that wil I be constructed in the Fountain Avenue area neighborhood.
This park is dedicated to improving the health of children.
APRIL 14, 2015
Some of the park amenities include an open free play fidd, outdoor fitness equipment,
spray pad with an open performance area, 1/3 mile walking trail, open market area, and
expansion of the existing Community Garden. Upper story living is also planned over
office/retail space.
The total project costs for the project are estimated to be $1,743,798. Most of the
funding for the park will come from donations and grants. Lourdes Hospital and Baptist
Health are contributing a total of $50,000. The City has teen awarded a grant in the
amount of $75,000 from the Land and Water Conservation Fund. The City will match
the grant amount with $75,000. Future funding to complete the project will be pursued
through grant awards and fundraising.
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of
the Minutes for the March 24, 2015 and March 31, 2015 city commission meetings be waived
and that the Minutes of said meetings prepared by the Cl'[,Clerk be approved as written.
Adopted on call of the roll, yeas, Commissioners Abrahani, Gault, Rhodes, Wilson, and Mayor
Kaler (5).
APPOINTMENTS
THEE ADVISORY BOARD
Mayor Kaler made the following appointment: "WHERI.;AS, subject to the approval of
the Board of Commissioners, I hereby appoint Joshua Tabor as a member of the Tree
Advisory Board to replace Polly LeBuU whose term has expired. This term will expire
July 26, 2018."
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners approve the action of Mayor Kaler in appointing Joshua Tabor
as a member of the Tree Advisory Board.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson, and Mayor
Kaler (5).
PADUCAH GOLF COMMISSION
Mayor Kaler made the following appointments: "WHEREAS, subject to the approval of
the Board of Commissioners, I hereby appoint Bill Wells, Steve Seltzer, and Janie Smith
as members of the Paducah Golf Commission to replace Sturgis, Steve Kettler,
and Wanda Mullinax-Williams, respectively, whose terms have expired. These terms
will expire March 26, 2019."
Commissioner Rhodes offered motion, seconded by Con inissioner Gault, that the Board
of Commissioners approve the action of Mayor Kaler in appointing Bill Wells, Steve
Seltzer. and Janie Smith as members of the Paducah GoWCommission.
APRIL 14, 2015
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson, and Mayor
Kaler (5).
MOTIONS
R & F DOCUMENTS
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the
following documents be received and filed:
DOCUMENTS
1. Certificates of Liability insurance:
a. Hansen Brothers Concrete
b. ICA Engineering, Inc.
c. Circo, LLC.
d. Bill Adams Construction, Inc.
2. Right of Way Bonds:
1. Bill Adams Construction, Inc.
2. Hansen Brothers Concrete
3. Notice of Cancellation for the Board of Commissioners of the City of Paducah,
Kentucky for Tuesday, April 7, 2015
4. Official Certification and Cumulative Report for the McCracken County General
Election held on November 4, 2014
5. ivlarket House Theatre of Paducah, Kentucky, Inc. Financial Statements for years
ended June 30, 2014 and 2013.
6. Yeiser An Center, Inc. Form 990 -EZ for calendar year 2013
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson, and Mayor
Kaler (5).
MUNICIPAL ORDERS
PERSONNEL ACTIONS
Commissioner Abraham offered motion, seconded by Commissioner Gault, that upon the
recommendation of the City Manager, the Board of Commissioners of the City of Paducah order
that the personnel. changes on the attached list be approved.
(SEE MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson, and Mayor
Kaler (5).
TRANSFER FUNDS FROM COMMISSION CONTINGENCY FOR FUNDING FOR
UNESCO ARTIST VISITATION
Commissioner Gault offered motion, seconded by Commissioner Abraham, that a
Municipal Order entitled, "A MUNICIPAL ORDER AL-THORIZNG AND
DIRECTING THE FNANCE DIRECTOR TO TRANSFER $700 FROM THE
COMMISSION CONTINGENCY ACCOUNT TO THE GENERAL GOVERNMENT-
APRIL 14, 2015
MAYOR & COMMISSIONERS PROMOTION ACCOUNT TO BE USED TO ASSIST
IN FUNDING A UNESCO ARTIST VISIT," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson, and Mayor
Kaler (5). MO#1831; BK 9
FIRE PREVENTION & SAFETY GRANT
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that a Municipal
Order entitled, "A MUNICIPAL ORDER AUTHORIZPiCy THE MAYOR TO EXECUTE A
GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE
DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT
AGENCY, FOR A MATCHNG GRANT IN THE AMOUNT OF $25,976.80 FOR THE
PADUCAH FIRE DEPARTMENT"S 2014 FIRE PREVF-NTION AND SAFETY PROGRAM,"
be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson, and Nlayor
Kaler (5). MO#1832; BK 9
KLC SAFETY GRANT
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a
Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS NECESSARY TO OBFAIN A 2015 MATCHING
INSURANCE SERVICES SAFETY GRANT AWARD Ni THE AMOUNT OF $3,000
FROM THE KENTUCKY LEAGUE OF CITIES FOR REIMBURSEMENT FOR THE
PURCHASE OF REPLACEMENT CARTRIDGES FOR GAS MASKS," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson, and Mayor
Kaler (5). MO#1833; BK 9
AMEND THE POSITION & PAY GRADE SCHEDULE TO AMEND POSITIONS IN
THE ENGINEERING/PUBLIC WORKS DEPARTMENT
Commissioner Abraham offered motion, seconded by Commissioner Gault, that a Municipal
Order entitled, "A MUNICIPAL ORDER AMENDING 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, KENTUCKY," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson, and Mayor
Kaler (5). MO#1834; BK 9
AMEND THE PAY GRADE SCHEDULE FOR THE ENGINEERINGIPUBLIC WORKS
DEPARTMENT
Commissioner Gault offered motion, seconded by Commissioner Abraham, that a Municipal
Order entitled, "A MUNICIPAL ORDER AMENDING THE FY 2014/2015 PAY GRADE
SCHEDULE FOR THE CITY OF PADUCAH EMPLOYEES TO CREATE THE POSITION
OF JOURNEYMAN ELECTRICIAN AND ABOLISH THE POSITION OF MASTER
ELECTRICIAN," be adopted.
APRIL 14, 2015
Adopted on call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson, and ylayor
Kaler (5). M041835; BK 9
ORDINANCES — INTRODUCTION
APPROVE 3RD AMENDMENT TO CELL TOWER AGREEMENT WITH AT & T
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE CITY TO EXECUTE A FIRST AMENDMENT TO
MEMORANDUM OF LEASE AND THE THIRD AMENDMENT TO TOWER
OPTION AND LEASE AGREEMENT WITH AT & T FOR THE BENEFIT OF THE
CITY." This ordinance is summarized as follows: The City Commission hereby
authorizes and approves the City of Paducah to enter into Agreements with AT&T for the
lease of space on the 800 MHz tower and the lease of real estate located at 510 Clark
Street at the rate of $1,633.50 per month for a period of S years and that commencing on
March 1, 2020 and each Additional Extension Term exercised thereafter, the monthly
Rent will increase by 10% over the Rent paid during the previous Term. Further, the
Mayor is authorized to execute said agreements.
APPROVE AND ACCEPT GRANT AGREEMENTFOR FOUNDATION FOR A
HEALTHY KENTUCKY -- INVESTING IN KENTUCKY'S FUTURE
Commissioner Wilson offered motion, seconded by Conmiissioner Rhodes, that the
Board of Commissioners introduce an ordinance entitled, "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 Tr -IE EXECUTION OF
GRANT AGREEMENTS BETWEEN THE CITY OF PNDUCAH, AS FISCAL
SPONSOR, AND THE FOUNDATION FOR A HEALTHY KENTUCKY, TO AIDE
OF THE DEVELOPMENT OF AN OUTDOOR HEALTII PARK N THE FOUNTAIN
AVENUE NEIGHBORHOOD." This ordinance is summarized as follows: This
Ordinance authorizes the City of Paducah, Kentucky, as the fiscal sponsor for the
Purchase Area Connections for Health Coalition, to accept an "Investing in Kentucky's
Future" ("IKF") Incentive award frons the Foundation for aHealthy Kentucky
(`Foundation") in the amount $400,000,00 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 to
enter into grant agreements with the Foundation for the distribution of the award in three
(3) year increments. The Ordinance approves the form of the grant agreements presented
to the Board of Commissioners of the City, with such cha.ru es therein as shall not be
adverse to the City and may be approved by the Mayor, tad further authorizes the
Finance Director to make expenditures in an amount notto exceed $75,000.00 in three
(3) year increments as the City's share of the local cash catch.
AGREEMENT WITH KENTUCKY TRANSPORTATION CABINET FOR
OLIVET CHURCH ROAD IMPROVEMENT PROJECT
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
APPROVING SUPPLEMENTAL AGREEMENT NO. I BETWEEN THE
COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET,
DEPARTMENT OF HIGHWAYS AND THE CITY OF PADUCAH, KENTUCKY,
APRIL 14, 2015
FOR THE OLIVET CHURCH ROAD IMPROVEMENT (PROJECT, CONSTRUCTION
PHASE AND AUTHORIZING THE MAYOR TO EXECUTE SAME". This ordinance
is summarized as follows: That the City of Paducah hereby approves and authorizes the
Mayor to execute Supplemental Agreement No. I with the Commonwealth of Kentucky,
Transportation Cabinet, Department of Highways for additional reimbursable funding in
the amount of $6,200,000 for completion of the Olivet Church Road Improvement
Project, Construction Phase.
UPDATE THE CITY'S PROCUREMENT CODE REGULATIONS TO
CONFORM TO THE KENTUCKY REVISED STATUTES
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the
Board of Commissioners introduce an ordinance entitled. "AN ORDNANCE
AMENDING CHAPTER 2, ADMINISTRATION OF THE CODE OF ORDINANCES
OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as
follows: The City of Paducah hereby amends Section 2-1-x, "Competitive Sealed
Bidding Generally; Invitation for Bids" of Chapter 2, Administration of the Code of
Ordinances 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.
CONTRACT WITH PADUCAH — MCCRACKEN COUNTY CONVENTION &
VISITORS BUREAU
Commissioner Rhodes offered motion, seconded by Conanissioner Wilson, that the
Board of Commissioners introduce an ordinance entitled, "XN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE A COINTRACT WITH THE
PADUCAH-MCCRACKEN COUNTY CONVENTION AND VISITORS BUREAU
FOR SPECIFIC SERVICES." This ordinance is summarized as follows: The Mayor is
hereby authorized to execute a contract with the Paducah -McCracken County Convention
and Visitors Bureau in the amount of $2,000 to be used for marketing and promoting
events and venues related to the 2015 American Quilters Society Show. This contract
shall expire June 30, 2015.
CITY MANAGER REPORT
FIRE PREVENTION DIVISION PROGRESS REPORT
Fire Chief Steve Kyle and Fire Marshal Greg Cherry gave a progress report about the
Fire Prevention Division operations and efficiencies. For more details, read the excerpt
at the end of the minutes from the City Commission Higli lights prepared by Public
Information Officer Pam Spencer.
MAYOR & COMMISSIONER COMMENTS
Mayor Kaler announced she had received notice that the closing of the Paducah Mail
Processing Plant was being delayed.
EXECUTIVE SESSION
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the
Board go into closed session for discussion of matters pertaining to the following topics:
A. Future sale or acquisition of a specific parcel(s) of real estate, as permitted by
KRS 61.810(1)(b).
April 28, 2015
I move that the following documents and bids be received and filed:
DOCUMENTS
Contracts/Agreements:
a. Contract for Services with Greater Paducah Sustainability Project, inc. (Executed by CM)
b. Interlocal Cooperation Agreement with the City of Murray, Kentucky for administration
of a coordinated investigations program for the Paducah Police Department and itilurray
Police Department (ORD 2014-12-8205)
c. Agreement with the Kentucky Transportation Cabinel for Federal Funding of the
Greenway Trail Phase d Project (ORD 2015-03-8221)
d. Contract with Alert Alarm Systems for purchase and installation of a surveillance system
for the Paducah Police Department (ORD 2015-03-8228)
e. Agreement with Central Paving Company for 2015-2016 Equipment Rental (ORD 2015-
03-8222)
f. Agreement with Jim Smith Contracting, LLC for the Z015-2016 Resurfacing Program
(ORD 2015-03-8223)
g. Agreement with Pine Bluff Sand and Gravel Company for 2015-2015 Limestone (ORD
2015-03-8224)
2. Statement of Compliance with National Bridge Inspection Standards, Bridge Posting
Requirements for Paducah, Kentucky (1,40 1748)
BIDS FOR ENGINEERING -PUBLIC WORKS DEPARTMENT
2015-2016 Concrete Program: Removal and Replacement
1. Harper Construction, LLC M
2. Wilkins Construction Co., Inc.
x Denotes Recommended Bid
CITY OF PADUCAH
April 28, 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 list be approved.
Date
CITY OF PADUCAH
PERSONNEL ACTIONS
April 28, 2015
NEW HIRES - PART-TIME IPIT)ITEMPORARYISEASONAL
POSITION
PARKS SERVICES
RATE NCS/CS FLSA EFFECTIVE DATE
Bailey, Kaitlin J
Recreation Leader
$8.00/Hr
NCS
Non -Ex
May 28, 2015
Byrd, Jesse P
Sports Official
$20.00/Game
NCS
Non -Ex
April 23, 2015
Clark, Morgan
Recreation Leader
$8.00/Hr
NCS
Non -Ex
May 21, 2015
Doles, Summer L
Summer Camp Coordinator
$9.00/Hr
NCS
Non -Ex
May 7, 2015
Durbin, Alexandra C
Recreation Leader
$8.00/Hr
NCS
Non -Ex
May 21, 2015
Elrod, Robert Lynn
Pool Attendant
$7.50/Hr
NCS
Non -Ex
May 7, 2015
Farley, Charles E
Park Ranger
$8.54/Hr
NCS
Non -Ex
April 30, 2015
Hargrove, Molly F
Summer Camp Coordinator
$9.00/Hr
NCS
Non -Ex
May 7, 2015
Hatton, Patrick B
Summer Camp Coordinator
$9.00/Hr
NCS
Non -Ex
May 7, 2015
Hollowell, Isaac L
Sports Official
$20.00/Game
NCS
Non -Ex
Apri128, 2015
Hunt, Hannah L
Recreation Leader
$8.00/Hr
NCS
Non -Ex
April 21, 2015
Myers, William T
Summer Camp Coordinator
S9.00/Hr
NCS
Non -Ex
May 7, 2015
Sanderson, Gary
Park Ranger
$8.54/Hr
NCS
Non -Ex
April 30, 2015
Treece, Savanah M
Summer Camp Coordinator
$9.00/Hr
NCS
Non -Ex
May 7, 2015
Turner. Jesse M
Recreation Leader
$8.00/Hr
NCS
Non -Ex
May 28, 2015
PARKS SERVICES
Wilkey, Tommy 0
EPW - FLOODWALL
TERMINATIONS - PART-TIME IPITIITEMPORARYISEASONAL
POSITION
Park Ranger
POSITION
REASON
Resignation
TERMINATIONS - FULL-TIME (FIT)
REASON
Dodson, James F Floodwall Operator Resignation
EFFECTIVE DATE
April 12, 2015
EFFECTIVE DATE
April 15. 2015
Agenda Action Form
Paducah City Commission
Meeting Date: 28 April 2015
Short Title: 2015 US Bulletproof Vest Partnership Grant Application
❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Robin Newberry, Sheryl Chino
Presentation By: Chief Brandon Barnhill
Background Information: The U.S. Department of Justice (DOJ) Bulletproof Vest Partnership (BVP) Grant
Program, an online application, provides a maximum 50 -percent reimbursement for the purchase of body
armor for police. The City received over $7,435.61 from this grant program in 2013.
The Police Department is requesting 40 Safariland Summit SM02-II body armor vests from the BVP program
for a total estimated cost of $26,000. The Police Department is basing the cost of each vest on an estimate of
$650 each. However, the Police Department is opening bids on May 1, 2015 and the actual cost per vest will
be known after bids are opened. The application submitted to the BVP program will be based on the actual
cost; not the estimated cost. This grant requires a 50 -percent match; therefore, the Police Department will
request $13,000 from the BVP program and provide $13,000 from the department's FY2016 operating budget.
Goal; ❑ Strong Economy ❑ Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Account Name: 0YO,— zoo /
Project Number:
File #: �. / Finance
Account Number �y
CFDA Number:
Staff Recommendation: Authorize the mayor to execute all grant application documents and authorize the
planning department to submit the grant application via the BVP grant portal.
aLD PDar-
t:Sead City Clerk City Manager
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE CITY OF PADUCAH
PLANNING DEPARTMENT TO APPLY FOR A 2015 U.S. BULLETPROOF VEST
PARTNERSHIP GRANT IN AN AMOUNT NOT TO EXCEED 513,000 THROUGH THE
U.S. DEPARTMENT OF JUSTICE FOR USE BY THE POLICE DEPARTMENT
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION L That the Paducah Planning Department is hereby authorized to
apply for a 2015 U.S. Bulletproof Vest Partnership Grant through the U.S. Department of Justice
in an amount not to exceed $13,000 to be used to purchase Safariland Summit SM02-II body
armor vests for the Police Department. The City will provide a cash match of S 13,000 from the
Police Department's FY2016 budget.
SECTION 2. This order shall be in full force and effect from mid after the date of
its adoption.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Adopted by the Board of Commissioners, Apal 28. 2015
Recorded by Tanvnam S. Sanderson, City Clerk, April 28. 2015
\noAgmnG\police-bulletproof vest 2015
Agenda Action Form
Paducah City Commission
Meeting Date: 28 April 2015
Short Title: Center Point Recovery Center — 2015 CDBG Grant
❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution [1 Motion
Staff Work By: Sheryl Chino
Presentation By: Steve Ervin
Background Information: The Department for Local Government (DLG) has received for the 2015 Funding Cycle
$23,137,162 from the U.S. Housing and Urban Development's (HUD) Community Development Block Grant (CDBG)
program. Funds are designated for various program areas including Community Projects, Community Emergency
Relief Fund, Economic Development, Housing and Public Facilities.
The CDBG program provides assistance to communities for use in revitalizing neighborhoods, expanding affordable
housing and economic opportunities, providing infrastructure and/or improving community facilities and services.
With the participation of their citizens, communities can devote these funds to a wide range of activities that best
serve their own particular development priorities. All project activities must meet at least one of three national
objectives:
• benefit to low and moderate income persons;
• prevention or elimination of slums or blight; and,
• meeting particularly urgent community development needs.
On behalf of Four Rivers Behavioral Health, the planning department is proposing the submittal of a CDBG
application for the Center Point Recovery Center for personnel expenses. "he application will be in the amount of
$250,000 thru the Public Services program. These funds will be matched by the Four Rivers Behavioral Health with
$850,644 in other federal and state funds. Local matching funds will not be required from the City of Paducah.
A fee of $12,500 will be paid to the city for maintaining and providing administration of the funding. A public hearing
to discuss the project/application and solicit public comment will be held on April 29, 2015 at 5:00 pm in the City
Commission Chambers.
Goal ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Account Name:
Account Number: Finn 1
Project Number:
Staff Recommendation: Authorize and direct the Mayor to sign all required grant application documents.
Attachments: None
Department Head
Citv Manaoe
MUNICIPAL ORDER NO.
A MUNICIPAL, ORDER AUTHORIZING THE APPLK,ATfON FOR A 2015
COMMUNITY DEVELOPMENT BLOCK GRANT IN THE ANIOI3�rT OF $250,000 FROM
THE OFFICE OF THE GOVERNOR'S DEPARTMENT FOR LOCALGOVERN-MENTFOR
THE FOUR RIVERS RECOVERY CENTER POINT PROJECT
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to ese"e an application and all
documents relating to same, requesting a Community Development Block Grant from the Office
of the Governor Department for Local Development in the amount or:5250,000 on behalf of Four
Rivers Behavioral Health for the Four Rivers Center Point Recovery Center. A local match is
not required. An administration fee of S 12,500 will be paid to the City for maintaining and
monitoring this funding.
SECTION 2. This order shall be in full force and effect Irorn and after the date of
its adoption.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Adopted by the Board of Commissioners April 23, 2015
Recorded by Tammara S. Sanderson, City Clerk, April 28, 2015
\ nolgrantslcdbg-four rivers recovery center project 2015 4-2015
Agenda Action Form
Paducah City Commission
Meeting Date: April 28, 2015
Short Title: Contract for the 2015-2016 Concrete Program
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Brandy Topper -Curtiss, Street Superintendent
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Background Information:
On March 26, 2015, bids were opened and read aloud for the City of Paducah's 2015-2016
Concrete Program. This program consists of the completion of concrete work within the City
such as sidewalks, curb & gutter, concrete entrances and storm inlets. Two bids were
received, with Harper Construction, LLC, submitting the lo -,vest evaluated bid. The concrete
unit prices, along with excavation hourly rates will begin upon execution of the contract and
end December 31, 2016. The contract has a one-year renewal option, ending December')[,
2017, upon the mutual agreement of both parties.
Goal: ❑Strong Economy ®Quality Services ®Vital Neighborhoods ❑Restored Downtowns
Funds Available: Account Name: Various Accounts r
Cfia
Account Number:
a
Staff Recommendation:
To receive and file the bids submitted for the 2015-2016 Concrete Program and adopt an
Ordinance authorizing the Mayor to enter into a contract with Harper Construction, LLC, for
the concrete unit prices and excavation hourly rates listed on tEte attached bid tab for the 2015
and 2016 calendar years ending December 31, 2016; and to authorize the Mayor, subsequent
to the recommendation of the City Engineer -Public Works Director, the option to execute a
"One -Year Renewal Agreement" extending the contract time period for the 2017 calendar
year ending December 3) 1, 2017, upon the mutual agreement of both parties.
Attachments:
Advertisement, Bids, Bid Tab, copy of the Contract
Department Head
City Clerk
City Manager
ORDLNA,NCE NO. 2015 -5 -
AIN ORDINANCE ACCEPTING THE BID FOR THE CITY OF
PADUCAH'S CALENDAR YEARS 2015 AND 2016 CONCRETE PROGRAM, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SANIE
BE IT ORDAINED BY THE CITY OF PADUCAEL KENTUCKY:
SECTION I. That the City of Paducah accepts tile bid of Harper
Construction, LLC, for the calendar years 2015 and 2016 concrete program, with the option
of a one-year extension, said bid being in substantial compliancem'ith the bid specifications,
and as contained in the bid of Harper Construction, LLC, of Nlarcb 26, 2015, for the
1`0110%Ving unit prices and hourly rates:
L6141kW;L:ft=1V=1UT I _al
ITEM
NO
DESCRIPTION
2NIr
UNIT BID
PRICE
1
Curb & Gutter (Remove & Construct)
L.F.
$40.40
2
Curb & gutter (Adjacent to Roadside Edge)
L.F.
$22.25
3
Curb & Gutter (New Construction)
LF,
$23.82
4
Concrete Sidewalk (Remove & Construct)
SY.
$59.70
5
Concrete Sidewalk (New Construction)
S.Y.
S45.37
6
Concrete Handicap Ramp
S.Y
S65.00
7
Concrete Entrance Pavement - 6" (Residential)
S.Y.
$64.92
8
Concrete Entrance Pavement -8" (Commercial)
S.Y.
$69.85
9
Concrete Entrance Pavement -6" M -Mix
S.Y.
$78.37
10
Concrete Entrance Pavement - 8" M -Mix
'S.Y.
$82.90
11
Granite Curb Reset with new Concrete Gutter
LF.
$47.14
12
Gutter Replacement - Granite Curb in Piace
L.F.
539.00
13
Concrete Barrier Median
SY.
$75.00
14
Concrete Header Curb - 12"
L.F.
$28.20
15
Concrete Header Curb - 18"
L.F.
$36.00
16
Non -Reinforced Concrete 8"
S.Y.
$64.10
17
Inlet Repair (Existing)
Each
$810.00
18
Reinforced Concrete New Construction -Cass A
C. '.
$1,100.00
19
Deep Saw Cut
L F.
$6.00
20
Perforated Pipe - 4"
L.F.
$16.00
EXCAVATION RATE
ITEM
NO
DESCRIPTION
UNIT
UNIT BID
PRICE
1
Trackhoe
HR
$118.50
2
Backhoe
HR
$95.00
3
Compactor/Roller
HR
$79.00
4
Dump Truck
HR
$92.00
5
Backhoe with Breaker
HR
S100.00
6
Small Dozer
HR
$120.00
7 1 taborer HR $58.50
SECTION 2, The Mayor is hereby authorized to execute a contract with
Harper Construction, LLC, for concrete work at the unit prices and hourly rates as accepted in
Section 1 above, according to the specifications, bid proposal and cowact documents
heretofore approved and incorporated in the bid of March 26, 2015.
SECTION 3. The contract shall be binding upon the City and the Contractor,
his partners, successors, assigns and legal representatives for 2015.2016 calendar years
ending December 31, 2016. Neither the City nor the Contractor shall have the right to assign,
transfer, or sublet their interests or obligations hereunder without consent of the other party.
Further, the 'Mayor is hereby authorized, subsequent to the recornmeadation of the City
Engineer -Public Works Director, to execute an additional One-Y4arRenewai Agreement
extending the contract period For the 2017 calendar year ending December 31, 2017 upon the
mutual agreement of both parties, ff agreed, this renewal option shall be exercised by both
parties executing and delivering the written One -Year Renewal Agreement. The City
reserves the right to have concrete work completed at the quotedprices until the parties have
executed the One -Year Renewal Agreement. However, in no case shall the Seller be bound
to sell the contract material at these prices past December 31, 2016.
SECTION 4. Expenditures for the City's concrete ptoeram shall be charged
to various accounts.
SECTION 5, This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Cliapier 424,
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, April 23, 2015
Adopted by the Board of Commissioners, Niay 12, 2015
Recorded by Tammara S, Sanderson, City Clerk, Ltay 12, 2015
Published by The Paducah Sun,
lordlenglconcrete program 2015 & 2016
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005,10
AGREEMEN"
Page 1 or
CITY OF PADUCAH, KENTUCKY
ENGINEERING -PUBLIC WORKS DEPARTMENT
AGREEMENT FOR THE 2015-2016 CONCRETE PROGRAM
THIS AGREEMENT, made this day of , 2015 by and between the CITY OF
PADUCAH, hereinafter called the OWNER, and HARPER CONSTRUC710N. LLC, hereinafter called the
CONTRACTOR, for the consideration hereinafter named, agree as follows:
ARTICLE 1. SCOPE OF WORK
The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services
necessary for the 2015-2016 CONCRETE PROGRAM. All Work shall be in accordance with this
Agreement, Specifications and any Addendum(s) issued.
Throughout the performance of this Contract, the Engineering-P,iblic Works Department of the
City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of
Paducah. All work done by the Contractor shall be completed under the general supervision of the
Engineer.
ARTICLE 2, CONTRACT TIME
This Contract shall be binding upon the City and the Contractor, his partners, successors,
assigns, and legal representatives for remaining portion of the 2015 ca'endar year and the 2016 calendar
year ending December 31, 2016. Neither the City nor the Contractor shall have the right to assign,
transfer, or sublet their interests or obligations hereunder without consent of the other party.
The term of the contract may be renewable for an additional ores -year term, ending December 31,
2017, upon the mutual agreement of both parties. The City Engineer -Public Works Director, acting as
agent for the Owner, shall determine, in his sole discretion, the option to renewal. If agreed, this renewal
option will be exercised by both parties executing and delivering the written One -Year Renewal
Agreement. The City reserves the right to have said contract work coni pleted at the quoted prices until
the One -Year Renewal Agreement has been executed by the parties. However, in no case shall the
Contractor be bound to complete the work at these prices past December 31, 2016.
ARTICLE 3. THE CONTRACT SUM
The Owner shall pay the Contractor for the performance of the Contract at the rates listed below
for Concrete Removal and Replacement Work and Excavation Work as quoted in the Bid Proposal by the
Contractor dated March 26, 2015, which shall constitute full compensation for the work and services
authorized herein. Contract prices are firm and will not be altered during the contract period. The
Contractor agrees that no minimum amount of purchase shall be required.
Bid prices shall begin upon the execution of this Agreement. Bid prices are firm and will
not be altered during the contract period. The Bidder agrees that no minimum amount of purchase
shall be required. Bids shall include sales tax and all other applicable taxes and fees
00506
AGREEMENT
Page 2 of 3
Concrete Removal and Replacement Unit Prices
ITEM NO
DESCRIPTION
UNIT
UNIT BID PRICE
1
Curb & Gutter (Remove & Construct)
L.F.
$40.40
2
Curb & Gutter (Adjacent to Roadside Edge)
L F.
$22.25
3
Curb & Gutter (New Construction)
L.F.
$23.82
3
Concrete Sidewalk (Remove & Construct)
S.Y.
$59.70
4
Concrete Sidewalk (New Construction)
S.Y.
$45.37
5
Concrete Handicap Ramp
S.Y.
$65.00
6
Concrete EntrancePavement - 6" (Residential)
S.Y.
$64.92
7
Concrete Entrance Pavement - 8" (Commercial)
S.Y.
$69.85
8
Concrete Entrance Pavement - 6" M -Mix
S.Y.
$78.37
9
Concrete Entrance Pavement - 8" M -Mix
S.Y.
$82.90
10
Granite Curb Reset with new Concrete Gutter
L.F,
$47.14
11
Gutter Replacement - Granite Curb in Place
L.F.
$39.00
12
Concrete Barrier Median
S.Y.
$75.00
13
Concrete Header Curb - 12"
L.F.
$28.20
14
Concrete Header Curb - 18"
L.F.
$36.00
15
Non -Reinforced Concrete 8"
S_Y.
$64.10
16
Inlet Repair (Existing)
Each
$810.00
17
Reinforced Concrete New Construction -Class A
C.Y_
$1,100.00
18
Deep Saw Cut
L.F.
$6.00
19
Perforated Pipe - 4"
L.F.
$16.00
Excavation Rates:
ITEM NO DESCRIPTION
UNIT
HOURLY RATE
1
Trackhoe
HR
$118.50
2
Backhoe
HR
$95.00
3
Compactor/Roller
HR
$79.00
4
Dump Truck
HR
$92.00
5
Backhoe with Breaker
HR
$100.00
6
Small Dozer
HR
$120.00
7
Laborer
HR
$58.50
ARTICLE 4. PROGRESS PAYMENTS
The Contractor may submit each month, and no more than once a month, a Request for Payment
for Work completed in accordance with the Specifications. The Ownerwill make partial payments on or
about thirty, (30) days after submission of a properly completed invoice and approval of the completed
work. At the Engineer's discretion, a ten percent (10%) retainage maybe held until final completion and
acceptance of the work,
ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT
Final payment shall be due sixty, (60) days after substantial completion of the work, provided the
work will then be fully completed and the Contract fully performed in accordance with the specifications.
oo-ca
AGREEMENT
Page 3 of 3
ARTICLE 6. THE CONTRACT DOCUMENTS
The Specifications and any addendum that may have been issued are fully a part of this Contract
as if thereto attached or herein repeated.
IN WITNESS WHEREOF:
The parties hereto have executed this Agreement, the day and year first above written.
HARPER CONSTRUCTION, LLC
M
ADDRESS:
616 Northview
Paducah, Kentucky 42001
CITY OF PADUCAH, KENTUCKY
M
Gayle Kaler, Mayor
ADDRESS:
Post Office Box 2267
Paducah, Kentucky 42002-2267
t3734'
AGENDA ACTION FORM
PADUCAH CITY CONLNUSSIION
Meeting Date: April 28, 201
Short Title: AUTHORIZING THE SUBLEASE BEI WEEN SEAMEN'S
CHURCH INSTITUTE AND ANIE RICAN BUREAU OP SNIPPING, A NEW YORK
NOT-FOR-PROFIT CORPORATION
X Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ viotion
Staff Work By: Lisa Emmons, D & K; Jeff Federson, City Manager
Presentation By: Jeff Pederson, City Manager
Background Information:
On October 11, 1996, the City of Paducah, Kentucky enterod into a certain Lease Agreement
with Seamen's Church Institute of New York and New Jerse',v, Inc., ("SCI") which lease was
extended by Lease Extension Agreement dated September 19, 2011, regarding real property
located at the northwest intersection of Kentucky Avenue and South Water Street. SCI
operates its Center for Maritime Education, a maritime training school and simulator facility
on the leased property. A portion of the leased property is eun-ently subleased by SCI to
Whitlow Roberts Maritime Annex.
Upon the termination of the sublease with Whitlow Roberts Caritinie Annex, SCI proposes
filling the space with a new subtenant, American Bureau of Shipping ("ABS"). ABS is a
non-profit organization that works on contract with the US 4overvrnent to make sure marine
vessels meet certain regulatory requirements to ensure safety: in the marine industry.
It is SCI's position that the addition of ABS in Paducah will be a further enhancement of
Paducah's image as the hub of the inland river industry as it brings ABS to its first inland
river port city. Other ABS locations include Houston, London, Singapore and Shanghai. As
a result, SCI is requesting the City's consent to the sublease.
A copy of the sublease is attached hereto as Exhibit A,
Goal: XStrong Economy ❑ Quality Services❑ Vital Neighbonccods❑ Restored Downtowns
Staff Recommendation:
Department Head City Clerk City Manager
55,46
ORDINANCE NO. 15 -
AN ORDINANCE AUT14ORIZINTG THE SUBLEASE OF CITY OF
PADUCAH PROPERTY BETWEEN SEAMEN'S CHURCH
INSTITUTE OF NEW YORK AND NEW JERSEY, INC.
("SCI")AND AMERICAN BUREAU OF SHIPPING, ,�- NEW YORK
NOT-FOR-PROFIT CORPORATION ("ABS")
�,\.`HEREAS, on October I l , 1996, the Board of Con-jMiSSbnerS of the Cite of Paducah,
Kentucky entered into a certain Lease Agreement with Seamen's Church Institute of Novi York
and New Jersey, Inc., ("SCI") which lease ,vas extended by Lease Extension Agreement dated
September 19, 201 1, regarding real property located at the northwest intersection of Kentucky
Av enue and South Nater Street; and
WHEREAS, said real property is the site on which SCI o}ter•ates its Center for \-tarititne
Education, a maritime training school and simulator facility; and
WHEREAS, American Bureau of Shipping, a Nevv Fork r�ot-for-profit corporation.
(-.SBS-) desires to acquire office space in a portion of the real prape`ty currently leased by SCI
and not eurrentl�� bein0 used for operation of its Center for N-Iaritiine Education; and
WHEREAS, this Sublease betv,-een SCI and ABS will enahle SCI to more frilly perform
Its purposes and mission; and
WHEREAS, the Board of Commissioners of the City of Rtdueali V�ishes to approve the
Sublease bemeen SCI and ABS and bas determined that the Sublease is in the best interest of the
Cit\.
NOW. THEREFORE, BE IT ORDERED BY THE BOARD OF, CONI\IISSIONERS OF
TI TE CITY OF PADUCAH, KENTUCKY:
I
Section 1. Recitals and Authorizations. The City hereby approves the Sublease among
SCI and ABS (tire "Sublease") in substantially the form attached hereto as Exhibit A and made a
pant hereof. It is further determined that it is necessary and desirable and in the best interest of
the City to consent to the Sublease for the purposes therein specified, and the execution and
delivery of the Sublease is hereby authorized and approved. The %/Iayor of the City is hereby
authorized to eXecute the Sublease, together with such other agreements. instruments or
cern ticaOons which may be necessary to accomplish the transaction contemplated by the
Sublease NA ith such changes in the Sublease not inconsistent with this Ordinance and not
substantially adverse to the City as may be approved by the official executin6 the same on behalf
OF the City or the City N-lanager. The approval of such changes, and that such are not
substantiall\ adverse to the City, shall be conclusiVCly evidenced) Iv,- the execution of the
Sublease bN the authorized official.
Section ?. Severability. Ifany section, paragraph or provision ofthis Ordinance shall be
held to be in%alid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining p+-ovtsions of this Ordinance.
Section 3. Compliance with Open Meetings Laws, The City Commission hereby funds
and determines that all formal actions relative to the adoption of this Ordinance were taken in an
open meeting of the Citi- Commission, and that all deliberations of this Cite Commission and of
its comtill ttees. if ativ, which resulted in formal action, were in Meetings open to the public. in
lull compliance with applicable legal requirements.
2
Section 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict kith
the provisions of this Order are, to the extent of such conflict, hereby repealed and the provisions
of this Order shall prevait and be given effect.
Section 5. Effective Date. This ordinance shall be read oa two separate dads and
will become effective upon summary publication pursuant to KRS Chapter 424.
Manor
ATTEST
Tammata S. Sanderson, City Clerk
Introduced by the Board of Commissioners
Adopted b% the Board of Commissioners
Recorded by Tammara S. Sanderson, City Clerk,
Published b\ The Paducah Sun,
3
SUBLEASE ----
THIS SUBLEASE made and entered into on this day of February, 2015, by and
between SEAMEN'S CHURCH INSTITUTE OF NEW YORK A -'SIU NEW JERSEY, .INC.,
of 50 Broadway, New York City, 1\Y 10004-1607 (hereinafter referred to as "SCI"), and
AMERICAN BUREAU OF SHIT'T'ING, a New York not-for-profit corporation, of 16855
Northchase Drive, Houston, TX 77060 (hereinafter referred to as `'ABS");
WITNESSETH:
WHEREAS, SCI presently occupies certain real property located at the northwest
intersection of Kentucky Avenue and South Water Street in Paducah, Kentucky, under a Lease
Agreement with the City of Paducah (hereinafter referred to as thy. "City"), dated October 11,
1996, and a Lease Extension Agreernent dated September 19, 2011; and
WHEREAS, said real property is the site on which SCI eperates its Center for 1Nlaritime
Education, a maritime training school and simulator facility; and
WHEREAS, SCI has renovated and remodeled the structure which houses the Center for
Maritime Education and is in the process of renovating, restoring and remodeling the remainder
of the property leased from the City which adjoins the Center for Maritime Education; and
WHEREAS, ABS desires to acquire office space in a portion of the structure not needed
by SCI for operation of its Center for Maritime Education; and
WHEREAS, this Sublease between SCI and ABS %vitt en4ble SCI to more folly perform
its purposes and mission.
NOW, THEREFOR -E, for and in consideration of the tears, covenants and conditions set
forth herein, SC[ and ABS do hereby agree as follows:
I. Demised Premises; Common Areas. SCI does hereby demise and sublet unto
ABS a portion of the premises located at 123 Water Street, Paducah, Kentucky, containing
Tenant Space of approximately 3,970 square feet, as shown on Exhibit A attached hereto
(hereinafter referred to as the "Demised Premises"), and ABS shall have access through the
Common Space shown on Exhibit A. ABS will have the non-exclusive right, together with the
other occupants and users of the premises, to use the parking areas, driveways, sidewalks,
landscaped areas, shared entry lobbies and corridors, shared restrooms, and such other areas
(outside of the Demised Premises) that SCI or the City may designate from time to time as
common areas (hereinafter referred to as the "Common Areas"), subject to all of the terms and
conditions of this Sublease.
2. Term. The term of this Sublease shall be for one (1) year beginning on May 1,
2015 and ending on April 30, 2016. This Sublease shall automatically renew on an annual basis
for up to three (3) consecutive one (l) year terms upon the same terms and conditions contained
herein unless either party provides notice of non -renewal to the otter party not later than 90 days
prior to the expiration of the then -existing term. The initial one-year term and subsequent
renewal terms are referred to herein as the "Term."
3. Rent. ABS shall pay to SCI rent for the Demised Premises in the sum of Three
Thousand and No/100 Dollars ($3,000.00) per month (in advance) with the first payment due on
the beginning date specified in paragraph 2 above, and each payment thereafter continuing to be
due and payable on the same date of each month throughout the Term.
4. Renrodelino and Improvements. Any remodeling and improvements made by
ABS with respect to the Demised Premises shall be at the sole cosi and expense of ABS and shall
become the sole property of SCI at the termination of the Sublease. ABS shall be responsible, at
2
its sole cost and expense, to ensure that any remodeling or improi ernents made by it with respect
to the Demised Premises meets all applicable state or city fire, e'.ecirical or other codes. During
the Term, ABS shall not cause any construction or mechanic's lleils to be placed against the
Demised Premises by any third party, and in the event that any such construction or mechanic's
liens are placed against the Demised Premises, ABS shall be liable for any such liens and shall
indemnify and hold SCI hamaless from any financial responsibility upon the amounts claimed in
said liens. All remodeling or improvements that ABS proposes to make to the Demised Premises
shall be subject to the prior written consent of SCI and the City, Aich shall not be unreasonably
withheld, conditioned or delayed.
5. Utilities. ABS shall be solely and exciusively responsible for all monthly charges
for electricity, gas, water, telephone and CATV service to the Demised Prernises. ABS shall
indemnify and hold harmless SCI fas- any and all liability for i=.s share of any such costs or
charges.
6. Use of the Premises. ABS shall use the Demised Premises for the following
ABS services and its affiliated entities' related functions, all of which shall comply with all
applicable codes and regulations:
• Marine engineering
• Marine surveying
• Surveying and inspections for Subchapter M vessels
• Third party verification
• Management system certification
• Research and development
• Risk-based consulting and training
• Training and seminars
3
7. Use of Conference Center, During the Term, SCI will allow ABS to use its
conference center on a space available basis for as many as 50 participants at the rate of $500
per day between 8:00 a.m. and 4:00 p.m,
S. Vacation of the Premises. ABS will pay the rent at the time and in the manner
aforesaid, and at the expiration of the Term will peaceably yield to SCI the Demised Premises in
as good order and repair as when delivered to it, except for damage by fire, casualty, war,
insurrection, riot or public disorder, or act upon the part of any goveniment authority, or ordinary
wear and tear.
9. Use and Occupancy. ABS shall commit no ;�raste or damage on oi- to the
Demised Premises; the Demised Premises shall be used for the purposes hereinabove stated; the
Demised Premises shall not be used for any unlawful purpose and no violation of law or
ordinance shall be committed thereon; and nothing shall be dore or suffered, or any substance
kept on the Demised Premises, which will create a nuisance or operate to increase the fire hazard
or to cause the insurance rates thereon to be increased,
10. Assignments and Subletting. ABS shalt not assign or transfer this Sublease or
any interest therein, nor sublet any portion of the Demised Premises without the prior written
consent of SCI and the City, which shall not be unreasonably withheld, conditioned or delayed;
provided, however, that ABS shall be permitted to assign or transfer this Sublease or any interest
therein; or sublet all or any portion of the Demised Premises, to any Affiliate of ABS, without
the prior written consent of SCI or the City. For purposes of this'Agreement, the term "Affiliate
of ABS" shall mean, ABS Group of Companies, Inc., a New jersey corporation, or any of its
direct or indirect subsidiaries, including, without limitation, ABSG Consulting Inc„ a New York
corporation.
4
1 1. Abandonment, If ABS shall abandon or vacate the Demised Premises before the
end of the Term, or any other event happens entitling SCI to lawfully take possession thereof,
SCI may take possession of the Demised Premises and relet the same without such action being
deemed an acceptance of a surrender of this Sublease, or in any way terminating ABS's liability
hereunder, and ABS shall remain liable to pay the monthly rent, phis the cost of any expenses
incident to SCI's repossession and reletting.
12. Fire and Unsafe Building. I£ the Demised Premises shall be so damaged by fire
or other casualty as to be rendered untenantable, the rent shall be Forthwith abated and SCI may,
at its option, declare this Sublease terminated, or it may, within thirty (30) days from the date of
such fire or other casualty, notify ABS that SCI will repair or reconstruct the Demised Premises;
and in such event, ABS shall resume its liability for rent from the time such repair or
reconstruction is completed.
13. Transfer by Operation of Law. If, by reason of any act or omission on the part
of ABS, the Demised Premises or any part thereof come irto possession of any receiver,
assignee, trustee in bankruptcy, sheriff or other officer, by and through any court process, or by
operation of law, SCI may, at its option, terminate this Sublease at any time thereafter by notice
to ABS and may accept rent from such receiver, trustee, assignee, or officer, without affecting or
impairing their right to so terminate this Sublease at any time flier, -after or impairing any other
right of SCI under this Sublease.
14. Rights on Default. Should ABS fail to pay the rent by the first day of any month
in which the rent is due, SCI shall give ABS written notice thereof; and if ABS does not pay the
rent within ten (10) days of ABS's receipt of such notice, SCI shall have the option at any time
thereafter to declare ABS in default and to declare immediately due and payable all the rent then
tJ
due and thereafter to become due during the unexpired Term, The failure of SCI to exercise any
of such options at the time of the default shall not operate as a forfeitatre or waiver thereof, it
being the intent of the parties that any of such options may be e cercised at the election of SCI
once the rent accrues, irrespective of the passage of time from and after the accrual of the rent.
Should ABS fait to pay the rent within the 10 -day cure period as hereuzbefore stated, SCI shall
have the option to enter and take possession of the premises and no notice to quit or demand for
the premises shall be necessary to recover possession of the same. This option is in addition to
and cumulative with SCI's option to declare the Sublease in default and the entire unpaid rent
required under this Sublease to be due and payable,
In the event ABS violates any of the covenants or provisions of this Sublease other than
the payment of rent, the violation shall be corrected within thirty (30) days of ABS's receipt of
notice of such violation from SCI. If the violation is not substantially corrected, or ABS is not
proceeding diligently to correct the violation within 30 days of rritice, SCI shall have the option
of entering and taking possession of the Demised Premises without lumber notice to or demand
upon ABS; and SCI may declare the entire balance of the rent repaired under this Sublease to be
due and payable.
Upon any default by ABS, nothing in this paragraph 14 91 all be deemed to require SCI to
relet the Demised Premises and mitigate SCI's damages, and [Ile entire unpaid rent under this
Sublease shall be immediately due and payable by ABS to SCI, and SCI may seek any other
remedies available to SCI under applicable law.
15. ABS's Liability. ABS shall indemnify and save SCI harmless from all loss, cost
and expense arising out of or resulting from injury to any person or property, or any other claims,
demands, actions or causes of action, in each case arising out of or resulting from ABS's use or
[7
occupancy of the Domised Premises or the Common Areas during the Terris, except to the extent
caused by the negligence or wiliful misconduct of SCI's ernployees, agents or contractors.
Likewise, ABS shall indemnify and save City harmless frorn all loss, cost and expense arising
out of or resulting from injury to any person or property, or any other claims, demands, actions
or causes of action, in each case arising out of or resulting fromABS's use or occupancy of the
Dernised Premises or the Common Areas during the Term, except to the extent caused by the
negligence or willful misconduct of City's employees, agents or contractors. ABS shall carry
comprehensive general liability insurance covering its use of the Demised Premises and the
Common Areas and for property damage liability with limits of liability of not less than
$
t,000,000 per person and not less than $500,000 for property da=mage. SCI and the City wil I be
additional insureds in said liability policy, and ABS shall have its liability insurance carrier issue
a certificate of insurance to SCI and the City.
lb. Quiet Possession. So long as ABS pays its rent and all other charges herein
provided, and observes and keeps the covenants, agreements and conditions of this Sublease on
its part to be kept, ABS shall lawfully and quietly hold, occupy and enjoy the Demised Premises
during the Term without interference by SCT, except as may be reasonably necessary for SCI to
enforce any of its rights under this Sublease.
17, Maintenance and Repairs. ABS, at ABS's sole cast and expense, shall keep and
maintain the Demised Premises in good condition and repair, ordinary wear and tear excepted,
which obligations of ABS shall include the maintenance, repair and replacement of all interior
surfaces of exterior walls and dernising walls; interior walls, moldings, partitions and ceiliags;
carpeting; non-structural interior components; interior windows, dilate glass and doors; kitchen or
fixtures, appliances and equipment; and ABS's person at property.
7
SCI shall keep and maintain, or cause the City to keep acid maintain, as provided in the
Lease Agreement between SCI and City the following portions of the building in which the
Demised Premises are located (hereinafter referred to as the "Building") in good condition and
repair, ordinary wear and tear excepted, exterior surfaces of the exterior walls and roof of the
Building; structural integrity of the footings, foundation, slabs, floors, columns, exterior walls,
roof and other structural elements of the Building; exterior doors, windows and plate glass of the
Building; building standard electrical, lighting, mechanical, plumbing, heating and air
conditioning systems, facilities, fixtures and components serving the Demised Premises and the
Building; building standard light bulbs, tubes, ballasts and starters; demising walls installed by
SCI or the City inside the Building; and the Common Areas,
13. Insurance on Contents, ABS shall carTy, at ABS's expense, casualty insurance
covering all risks of loss to its personal property, furniture, equ.il!r;tent, improvements, and other
insurable personal property in amounts not less than the replacement cost of such property. SCI
shall have no liability for any damage to ABS's personal property, furniture, equipment, or
improvernents, except to the extent caused -by the negligence orMltffil misconduct of SCI or its
employees, contractors or agents.
19. Tares. ABS shall be responsible for any tangible or intangible personal property
taxes on ABS's assets that are located on the Demised Premises.
20. Lease Acceptance and Attornment. ABS represents and warrants that it has
read the original Lease Agreement dated October 11, 1995 and Lease Extension Agreement
dated September 19, 2011 by and between the City and SCI, as extended, and ABS accepts those
terms, covenants, provisions, and conditions of said Lease as would be applicable to its
occupancy as a Sublessee, inctuding all default and term provisions, except to the extent
8
modified by this Sublease, Further, ABS agrees to attorn to Cityas its Lessor in the event SCI's
lease rights shall tenninate.
21, Holdover, If ABS shall, with the consent of SCI, holdover after the expiration or
sooner termination of this Sublease, the resulting tenancy shall, unless otherwise mutually
agreed, be for an indefinite period of time on a month-to-month basis, During such month-to-
month tenancy, ABS shalt pay to SCI the rental agreed upon, and shall continue to be bound by
all of the provisions of this Sublease. Such holding over pericd may be terminated by either
party upon 30 days written notice of intent to terminate.
22. Notices. Any notice, demand or communication, whether intended for SCI or
ABS, shall be in writing, and may be served or delivered in person, or by prepaid U.S. Certified
lVlail, fax or e-mail to the address of the applicable party as listed on this Sublease. These
addresses are as follows:
SC( - Seamen's Church Institute of New York and New Jersey, Inc.
50 Broadway
New York, NY 10004-1607
Fax: (212) 349-8342
Email: dridLr!rr. ;e u���r; hurcl or l
ABS - American Bureau of Shipping
16855 Northchase Drive
Houston, TX 77060
Fax: (281) 877-5946
Email: uQww 'c
With copy to: Legal Department
rcIVil ale.of
23. Waiver. No waiver by SCI or any breach of the terms and conditions hereof by
ABS shall operate or shall be constnicd to affect any other breach of such terms and conditions.
No delay or omission on the part of SCI to exercise any right or power accorded to it under the
9
terms hereof shall impair any such right or power or shall be construed to be a waiver of its
privileges to exercise any such right or power, and any such riglit or power may be exercised
from time to time as often as it may be deemed expedient.
24. Entire Agreement. Any prior agreements be'!vreen the parties are deemed
terminated and superseded by this Sublease. This Sublease contains all the terns and conditions
and understandings between the parties. None of the provisions of this Sublease may be
changed, modified or waived except in writing, properly executecl by both parties.
25. Applicable Law. This Sublease shall be governed by and construed tinder the
laws of the Commonweatth of Kentucky.
26. Binding Effect, This Sublease shall be binding, upon and shall inure to the
benefit of the parties, their heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Sublease on the day and
year First above written.
10
SCI:
SEA:4IEN'SCHUFRCH INSTITUTE OF
NE'� YORK AND ESV JERSEY, iNC.
BY: 1rY�
REV. D.kVID RIDER, President
ABS:
AViEIZICAX B 'RE ' F SHIPPING
Bic .
Title: �AWC&I
STATE OF 1�L
COUNTY OF Au ITk
I'Mo'
cum
kola
ss. A t4kj 4waig
Subscribed, sworn to and acknowledged before me by SEANIEN'S CHURCH
INSTITUTE OF NEW YORK AND NEW JERSEY, INC,, by and through its ply
authorized President, REV. DAVID RIDER, on this the a day of 411L
2015.
My commission expires:
Notary ID ' _
STATE OF j eK(-tS )
ss.
COUNTY OF )
NOTARY PUBLIC
Subscribed, sworn to and acknowledged before me by AMERICAN BUREAU OF
SHIPPING, by and through its duly authorized officer, _,`nV)n 1Zt�G�e,-
on this the a_�day of r I , 2015, Q)
My commission expires: NOTARY PUBLIC
Notary ID # y tial
VIRIDIANA HULSE
*rr np stale 01 Texos
OWNER CONSENT Notary Public,
a My Commission Expkes
' ,yai ,.° Noyember 21, 2016
By signing below, the City of Paducah, as owner and lessor, t to 111C
Foregoing Sublease according to the terms and conditions contained therein and specifically
agrees that ABS's right to use the Demised Premises in accordance with this Sublease shall not
be affected by the ternzination of SCI's [ease with the City of Paducah for these premises.
CITY OF PNDUCAH
Title:
I hereby certify that this instrument
has been prepared by:
Law Offices
McNturry & Livingston, PLLC
201 Broadway, P.O. Box 1700
Paducah, KY 42002-1700
(270) 443-65 [ 1
By:
STEPHEN E. SMITH, !R.
m
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