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CCMPacket-2013-05-14
CITY COMMISSION MEETING AGENDA FOR MAY 14. 2013 5:30 P.M. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE — AVA ENGLERT ADDITIONS/DELETIONS PRESENTATION: National Club Baseball World Series at Brooks Stadium — DOC HIDEG/F. BLACK PROCLAMATION: National Public Works Week - R. MURPHY RECOGNITION: Iron Mom Marathon Success — C. MEDFORD I. MINUTES IL MOTIONS A. R & F Documents APPOINTMENTS A. Human Rights Commission B. Historical Architectural Review Commission MUNICIPAL ORDERS A. Personnel Changes B. Approve Application for 2013 Ky Office of Homeland Security Local Law Enforcement Grant Award —ASST. POLICE CHIEF GRINIES C. Approve 2013 US Bulletproof Vest Partnership Grant Application — ASST. POLICE CHIEF GRIMES ORDINANCE — INTRODUCTION A. Hazardous Mitigation Program Award -Contract Change — S. ERVIN I B. Acquisition of Permanent Right of Way and a Permanent Public Utility Easement located at 5315 Stanley Cemetery Road for the Olivet Church Road Improvement Project — R. MURPHY C. Purchase of Litter Containers for use in Noble Park Utilizing the Kentucky State Contract — R. MURPHY D. Authorize Payment to AES Environmental, LLC for Household Hazardous Waste Collected During 2013 Clean -Up Day — R. MURPHY E. Authorize Change Order #1 for the Preservation and Renovation of the Market House and River Discovery Center — R. MURPHY F. Contract with Paducah Convention & Visitors' Bureau $25,000 — CITY MANAGER CITY MANAGER REPORT COMMISSIONER COMMENTS PUBLIC COMMENTS EXECUTIVE SESSION BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION x Appointment ❑ Reappointment ❑ Joint Appointment NAME: Lincoln Hardy ❑ Joint Reappointment NAME OF BOARD OR COMMISSION: Human Rights Cmrunission DATE TO BE PLACED ON AGENDA: Dlay 14, 2013 EXPIRATION OF TERM DATE: APPOINTEE'S HOME ADDRESS: Street: 130 Lone Lake Drive City/Zip: Kevil, KY 42053 Phone: 270-331-3042 Email Address: lincolnhardy4l@gmail.com Appointee's Business Name: Southside Walgreens 3360 Irvin Cobb Drive Paducah, KY 444-8011 ❑ Thank you [%I Resigned ❑ Term Expired ❑ Other (explain) w TO REPLACE ON BOARD: Martha Argotte-Thomas term expires 07/24/2014 ADDRESS: City/Zip: Appointee Confirmation: Date: Board of Commission Approval: Original to: Tammara S. Sanderson, City Clerk Cc: file BOARD CHAIRMAN: Bernice Belt BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION x Appointment ❑ Reappointment ❑ Joint Appointment NAME: Robert Terrence Cross ❑ Joint Reappointment NAME OF BOARD OR COMMISSION: Human Rights Commission DATE TO BE PLACED ON AGENDA: May 14, 2013 EXPIRATION OF TERM DATE: APPOINTEE'S HOME ADDRESS: Street: 924 North 22"d Street City/Zip: Paducah, KY 42001 Phone: 270-331-0431 Email Address: robert.cross@p aducah.kyschools.us Appointee's Business Name: Teacher at Clark Elementary 3401 Buckner Lane Paducah, KYK 42001 TO REPLACE ON BOARD: Amber'Lee D. Douglas — term expires 7/24/2015 ❑ Thank you X Resigned ADDRESS: ❑ Term Expired ❑ Other (explain) City/Zip: Appointee Confirmation: Date: Board of Commission Approval: Original to: Tammara S. Sanderson, City Clerk Cc: file BOARD CHAIRTNIAN: Bernice Belt BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION ❑ Appointment [X1 Reappointment ❑ Joint Appointment NAME: PAUL KING ❑ Joint Reappointment NAME OF BOARD OR COMMISSION: Historical & Architectural Review Commission (HARC) DATE TO BE PLACED ON AGENDA: May 14, 2013 EXPIRATION OF TERM DATE: APPOINTEE'S HOME ADDRESS: Street: City/Zip: Phone: Email Address: pak@PFGW.net Appointee's Business Name: Peck, Flannery, Gream Warren Address: 101 South Fourth Street City/Zip: Paducah, KY 42001 Phone: 443-8471 TO REPLACE ON BOARD: ❑ Thank you ❑ Resigned ❑ Term Expired ❑ Other (explain) ADDRESS: City/Zip: Appointee Confirmation: Date: Board of Commission Approval: LM Original to: Tammara S. Sanderson, City Clerk BOARD CHAIRMAN: Cc: file Paul King 101 South 4°i Street Paducah, KY 42001 BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION ❑ Appointment [X] Reappointment ❑ Joint Appointment NAME: Louis Lovera NAME OF BOARD OR COMMISSION: Historical & Architectural Review Commission (HARC) DATE TO BE PLACED ON AGENDA: May 14, 2013 EXPIRATION OF TERM DATE: APPOINTEE'S HOME ADDRESS: Street: 420 North 7"' Street City/Zip: Paducah, KY 42001 Phone: 442-7396 Email Address: Appointee's Business Name: Address: City/Zip: Phone: ❑ Thank you ❑ Resigned ❑ Term Expired ❑ Other (explain) TO REPLACE ON BOARD: ADDRESS: City/Zip: Appointee Confirmation: Date: Board of Commission Approval: Original to: Tammara S. Sanderson, City Clerk BOARD CHAIRMAN: Cc: file Paul King 101 South 4°i Street Paducah, KY 42001 CITY OF PADUCAH May 14, 2013 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. City Manager's Signature Date CITY OF PADUCAH PERSONNEL ACTIONS May 14, 2013 NEW HIRES - PART-TIME (PR)ITEMPORARY/SEASONAL PARKS SERVICES Guthrie, Madison J. PAYROLL ADJUSTMENTSITRAN SFERSIPROMOTIONSITEMPORARY ASSIGNMENTS PREVIOUS POSITION AND BASE RATE OF PAY Tiny Tot League Coach $8.00/Hr CURRENT POSITION AND BASE RATE OF PAY Lifeguard $8.00/Hr POLICE Travis, Amy P. Evidence Technician I Evidence Technician II $12.72/Hr $15.25/Hr NCS/CS FLSA EFFECTIVE DATE NCS Non -Ex NCS Non -Ex May 13, 2013 May 9, 2013 POSITION RATE NCS/CS FLSA EFFECTIVE DATE PARKS SERVICES Fellows, Gabrielle F. Summer Camp Coordinator $9.00/Hr NCS Non -Ex May 1, 2013 Clark, William A. Summer Camp Coordinator $9.00/Hr NCS Non -Ex May 6, 2013 Gentry, Mallory Recreation Leader $8.00/Hr NCS Non -Ex May 6, 2013 Hastings, Katherine L. Summer Camp Coordinator $9.00/Hr NCS Non -Ex May 6, 2013 Wright, Bradley W. Summer Camp Coordinator $9.00/Hr NCS Non -Ex May 6, 2013 Ashley, Stephen G. Lifeguard $8.00/Hr NCS Non -Ex May 13, 2013 Bradford, Jessica Pool Attendant $7.50/Hr NCS Non -Ex May 13, 2013 Deming, Taylor N. Lifeguard $8.00/Hr NCS Non -Ex May 13, 2013 Dial, Krystal L. Pool Attendant $7.50/Hr NCS Non -Ex May 13, 2013 Dunlap, Bruce L Lifeguard $8.00/Hr NCS Non -Ex May 13, 2013 Earls, Ashleigh H. Pool Attendant $7.50/Hr NCS Non -Ex May 13, 2013 Ellis, Nathan Pool Attendant $7.50/Hr NCS Non -Ex May 13, 2013 Fenske, Tucker E. Lifeguard $8.00/Hr NCS Non -Ex May 13, 2013 Glisson, Manuel E. Sports Official $20.00/Game NCS Non -Ex May 13, 2013 Grewelle, Courtney R. Lifeguard $8.00/Hr NCS Non -Ex May 13, 2013 Harned, Lakyn K. Lifeguard $8.00/Hr NCS Non -Ex May 13, 2013 Kollenberg, Teddy Lifeguard $8.00/Hr NCS Non -Ex May 13, 2013 May, Olivia A. Pool Attendant $7.50/Hr NCS Non -Ex May 13, 2013 McNeil, Alexis M. Pool Attendant $7.50/Hr NCS Non -Ex May 13, 2013 Meier, Miranda A. Lifeguard $8.00/Hr NCS Non -Ex May 13, 2013 Mitchell, Brooke D. Lifeguard 58.00/Hr NCS Non -Ex May 13, 2013 Paschall, Sam L. Lifeguard $8.00/Hr NCS Non -Ex May 13, 2013 Roberts, Dylan M. Pool Attendant $7.50/Hr NCS Non -Ex May 13, 2013 Shelley, Amber K. Pool Attendant $7.50/Hr NCS Non -Ex May 13, 2013 Stacy, Kline P. Lifeguard $8.00/Hr NCS Non -Ex May 13, 2013 Sumter, Alyssa M. Pool Attendant $7.50/Hr NCS Non -Ex May 13, 2013 White, Lauren E. Lifeguard $8.00/Hr NCS Non -Ex May 13, 2013 Wilson, Quennon M. Pool Attendant $7.50/Hr NCS Non -Ex May 13, 2013 Blakemore, Kaitlln A. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Garrett, Michael J. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Hargrove, Molly F. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Hutson, William E. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Jones, Kelleigh Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Kaltenbach, Robert C. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Krone, Kaitlyn E. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Smith, Benjamin D. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Smith, George E, Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Taylor, Jade A. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Treece, Savanah M. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Tucker, Chase A. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Underwood, Meredith C. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 West, Maddie M. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 York, Kyler T. Recreation Leader $8.00/Hr NCS Non -Ex May 23, 2013 Hogarty, Sarah A. Recreation Leader $8.00/Hr NCS Non -Ex May 24, 2013 PARKS SERVICES Guthrie, Madison J. PAYROLL ADJUSTMENTSITRAN SFERSIPROMOTIONSITEMPORARY ASSIGNMENTS PREVIOUS POSITION AND BASE RATE OF PAY Tiny Tot League Coach $8.00/Hr CURRENT POSITION AND BASE RATE OF PAY Lifeguard $8.00/Hr POLICE Travis, Amy P. Evidence Technician I Evidence Technician II $12.72/Hr $15.25/Hr NCS/CS FLSA EFFECTIVE DATE NCS Non -Ex NCS Non -Ex May 13, 2013 May 9, 2013 CITY OF PADUCAH PERSONNEL ACTIONS May 14, 2013 TERMINATIONS - FULL-TIME (FIT) POSITION REASON EPW - STREET Mansfield, Kerry D. ROW Maintenance Person Resignation NEW HIRE - FULL-TIME (FIT) POSITION RATE EPW - FLEET MAINTENANCE Richardson, Casey D. Fleet Mechanic II $17.50/Hr EFFECTIVE DATE April 23, 2013 NCS/CS FLSA EFFECTIVE DATE NCS Non -Ex May 30, 2013 Agenda Action Form Paducah City Commission Meeting Date: May 14, 2013 Short Title: 2013 KY Office of Homeland Security LEPP Grant Award ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Asst. Chief Stacey Grimes, Cheryl Meadows Presentation By: Asst. Chief Stacey Grimes, Background Information: The Kentucky Office of Homeland Security (KOHLS), Law Enforcement Protection Program (LEPP) will reimburse law enforcement agencies for prior -approved items including body armor, duty weapons, ammunition and electronic control devices. The Police Department has received awards from this agency in the past and desires to develop and submit an application with for the KOHS. The Police Department desires to submit an application in the amount of $4,400, to reimburse the city for the purchase of eight (8)body armors. The grant award does not require any match funds, however purchase must be made prior to reimbursements. If the KOHS offers a LEPP award to the City as a result of this application, it will be brought to the Commission for review and consideration. If the Commission desires the Police Department to submit an application to the KOHS LEPP Grant Program, it must authorize and direct the Mayor and/or Mayor's designee to assign all required application documents. Goal:❑ Strong Economy® Quality Services[] Vital Neighborhoods[] Restored Downtowns Funds Available: Project Title: Project #: Finance File #. Account #: Staff Recommendation: Approval Departme"Head City Clerk d�4gManag�er_ MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION AND ALL DOCUMENTS NECESSARY TO OBTAIN A 2013 KENTUCKY BODY ARMOR REIMBURSEMENT GRANT THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY, LAW ENFORCEMENT PROTECTION PROGRAM, TO BE USED FOR THE PURCHASE OF BODY ARMOR BY THE PADUCAH POLICE DEPARTMENT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute a grant application and all documents necessary to obtain a 20t3 Kentucky Body Armor Reimbursement Grant through the Kentucky Office of Homeland Security, Law Enforcement Protection Program, to be used for the Paducah Police Department to reimburse the City for the purchase of eight (8) body armors. SECTION 2. This order shall be in full force and effect from and atter the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, May t4, 2013 Recorded by Tammara S. Sanderson, City Clerk, May 14, 20 t3 �mo\grantslpohce-body armor app KOHS LEPP 2013 Agenda Action Form Paducah City Commission Meeting Date: May 14, 2013 Short Title: 2013 US Bulletproof Vest Partnership Grant Application ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Mark Roberts, Cheryl Meadows Presentation By: Asst. Chief Stacey Grimes Background Information: The U.S. Department of Justice (DOJ) Bulletproof Vest Partnership Grant Program, an online application, provides a maximum 50% reimbursement for the purchase of body armor for police. The City has received over $46,000 from this grant program in the last several years. This year the police department would like to submit a request for assistance to purchase fifteen (15) new Paraclete - FLX-IIIA vests for the SWAT Team. The SWAT Team vests have reached the end of their recommended life, the cost to replace these vest are $1,336 each, a project total of $20,040.00. If the application is approved, the DOJ will reimburse the city up to 50% or $10,020.00 for vests purchased during the grant period. The city's local match of $10,020.00 will be provided through the police department's 2014/Operating Budget. If the Commission desires to authorize this grant application it must authorize and direct the Mayor or Mayoral Designee to execute all necessary application documents. If an award is offered it will be brought before the Commission for consideration. Goal:[:] Strong Economy® Quality Services[] Vital Neighborhoods[] Restored Downtowns Funds Available: Account Name: Account Number: Project #: CFDA Number: 16.607 Staff Recommendation: Approval Finance MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE CITY TO OBTAIN AN ONLINE 2013 U.S. BULLETPROOF VEST PARTNERSHIP GRANT AWARD THROUGH THE U.S. DEPARTMENT OF JUSTICE FOR USE BY THE POLICE DEPARTMENT WHEREAS, the City of Paducah desires to obtain a grant from the U. S. Department of Justice. trhich funds t%ill be used by the Paducah Police Department for the purchase of 15 Paraclete-FLXIIIA tests for the SWAT Team police officers. BE IT ORDERED BY THE CITY OF PADUCAH. KENTUCKY: SECTION 1. The Cit, is hereby authorized and directed to obtain an online 2013 US Bulletproof Vest Partnership Grant Award through the U.S. Department of Justice for use by the Police Department. This grant will reimburse the City up to $10.020.00 for the purchase of 15 new Paraclete FLX-IIIA %ests for the Paducah SWAT Team police officers with the City's local cash match being $10,020.00. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. Magor ATTEST: Tammara S. Sanderson. Cit% Clerk Adopted by the Board of Commissioners, May 14. 2013 Recorded b, Tammara S. Brock. Cin- Clerk. Mm 14. 2013 tmo\grants\police-bulletproof, est 2013 Agenda Action Form Paducah City Commission Meeting Date: May 14, 2013 Short Title: Hazardous Mitigation Program Award -Contract Change ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Cheryl Meadows Presentation By: Steve Ervin Background Information: On July 26, 2011 through Municipal Order #1621, the Commission approved the submission of a Hazardous Mitigation Application For the Fire Station l Emergency Power Project in the amount of $100,160; $75,120 in federal funds, $12,019 in state monies, and $13,020 in local match. Local match of $13,020 will be provided through the Commission Contingency Fund. On August 14, 2012 through Municipal Order #1681 a budget transfer in the amount of $13,020 from the Commission Contingency Fund to the Fire Dept. Budget was approved. On October 16, 2012, Ordinance#2012-10-7983 the commission accepted an award in the amount of $75,120, to purchase and install one (1)125kw fixed diesel powered generator with automatic transfer switch at Fire Station # 1. On April 25, 2013, Office of Kentucky Emergency Management notified the Planting Department of changes to the first contract presented. The new changes on the contract do not affect the city's award amount nor performance and completion, however the contract does require the Mayor's signature. It is for this reason, we are requesting the Commission's approval by way of Ordinance. If the Commission desires to accept the change in the contract from FEMA it must authorize and direct the Mayor and/or Mayor's designee to execute all required and necessary grant award documents. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: HMGP — Generator Account Number: 040-1802-522.23-07 Finance Project Number: FI0026 File Number: 6.239 Staff Recommendation: Approval Attachments: A / Z--) r© Clerk Doc ID No: PON2 095 1200003957 2 D � aox, how Doc ID number on all packages, nvoices and correspondence. Page 1 of 18 Mie oc ID No:PON2 095 1200003957 2 Procurement Folder: 2564202 loc rocurement Type: Grant 1 C1 S, S , © �l rtuq Commonwealth of Kentucky CONTRACT 1572 D � aox, how Doc ID number on all packages, nvoices and correspondence. Description: FEMA - DR1976 KY Hazard Mitigation Grant Program (HMGP) Mie oc ID No:PON2 095 1200003957 2 Procurement Folder: 2564202 loc rocurement Type: Grant 1 C1 S, S , © �l dministered By: LESLIE STAMPER Cited Authority: KRS39A.030 elephone: 502-607-1510 Issued By: LESLIE MAHONEY Reason For Modification: Original Contract Amount - $11,092,881.33; Amount of Decrease: $129,228.00; New Contract Total: $10,963,653.33 - Reduction of total contract amount: this contract is being reduced by $129,228.00, which will be covered by P02 095 13*3512. No change in scope. jl Multiple Provider 1 011 11 702 Capitol Avenue OMPS C� Frankfort KY 40601 us R yQL'iDesGnption, , Dpe Date '.Quantity :,t , ,ism �e unit Price contract Amt FEMA - DR1976 KY Hazard Mitigation Grant Program (HMGP) 0.00 0.00000 10,963,653.33 10,963,653.33 Extended Description Beginning April 22, 2011 and continuing, the Commonwealth experienced strong storms, torrential rains, flooding, and tornadoes which resulted in floods, downed trees, debris and damage to public and private structures; consequently, adversely affecting the Commonwealth and causing devastation to counties in Kentucky. Effective date: 08/21/2012 through 6/30/2014 The Hazard Mitigation Grant Program provides supplemental federal disaster grant assistance statewide for eligible mitigation projects as stated in 44 CFR 206.434. The Commonwealth acts as the Grantee for this grant program and the communities/entities are the Sub -grantee. These funds will be reimbursed to eligible sub -grantees (state and local governments, private non -profits, and Indian Tribes) in all 120 counties for eligible work completed on behalf of the approved projects. Total Order QrnOUllt[ 10,963,653.33 1572 H- Mie DMA DIV OF ADMIN SERVICES 100 MINUTEMAN PARKWAY sl�x W, 1 C1 S, S , © �l FRANKFORT KY 40601 0' us Total Order QrnOUllt[ 10,963,653.33 Agenda Action Form Paducah City Commission Meeting Date: May 14, 2013 Short Title: Acquisition of Permanent Right of Way and a Permanent Public Utility Easement located at 5315 Stanley Cemetery Road for the Olivet Church Road Improvement Project ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: During the years of 2007 and 2008, my office conducted negotiations in good faith with Gary Spear, at 5315 Stanley Cemetery Road, in order to acquire right of way and a permanent public utility easement along Olivet Church Road for the Olivet Church Road Improvement Project. However, both parties were unable to reach an agreement within reason regarding the total acquisition amount. In August of 2009, Judge Van Newberry requested to have an opportunity to meet with Mr. Spear and negotiated an excessive acquisition value for the property that was acceptable to Gary Spear. Based on the agreed acquisition value, Gary Spear agreed to convey the necessary Right of Way along Olivet Church Road consisting of 11,853.71 Square Feet (0.2721 Acres) and a Permanent Public Utility Easement consisting of 9,045.11 Square Feet (0.2076 Acres) to the City of Paducah for the total monetary consideration of $57,500.00. Subsequently, Gary Spear married Joy Morgan, of which she now -joins her husband on this deed of conveyance. Goal: ®Strong Economy ®Quality Services ®Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Olivet Ch Rd Imp Proj VC "� v� t3 Account Number: 040-3315-532-2307 Finance Project Number: ST0027 Staff Recommendation: To adopt an Ordinance authorizing the Mayor to execute a Deed of Conveyance and all related documents on behalf of the City of Paducah with Gary and Joy Spear located at 5315 Stanley Cemetery Road for acquisition of Right -of -Way and a Permanent Public Utility Easement along Olivet Church Road in consideration of $57,500.00 for the Olivet Church Road Improvement Project. Agenda Action Form Attachments: Deed of Conveyance Depart ent e� City Clerk City Manager Page 2 ORDINANCE NO. 20135 - AN ORDNANCE AUTHORIZING THE bIAYORTO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY FOR ACQUISITION OF A PORTION OF REAL PROPERTY LOCATED AT 5315 STANLEY CEMETERY ROAD FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION L The Mayor is hereby authorized to execute a Deed of Conveyance and all documents relating to same, with Gary and Joy Spear for acquisition of a portion of real property located at 5315 Stanley Cemetery Road as right of way and a permanent public utility easement along Olivet Church Road for the Olivet Church Road Improvement Project, for and in consideration of $57,500.00. SECTION 2. This expenditure shall be processed through Project #ST0027. 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, May 14, 2013 Adopted by the Board of Commissioners, May 28, 2013 Recorded by Tammara S. Sanderson, City Clerk, May 28, 2013 Published by The Paducah Sun, \ord\eng\prop-5315 Stanley Cemetery Rd cora DEED OF CONVEYANCE and PERMANENT PUBLIC UTILITY EASEMENT THIS DEED made and entered into this the day of , 2013, by and between GARY SPEAR, and his wife, JOY MORGAN SPEAR, of 5315 Stanley Cemetery Road, Paducah, Kentucky, 42001, which is also the address to which the revised property tax bill for 2013 may be sent, Grantors, and the CITY OF PADUCAH, KENTUCKY, a Municipal Corporation of the Second Class, P. O. Box 2267, Paducah, Kentucky, 42002.2267, Grantee; WITNESSETH: That the Grantors, in consideration of Fifty Seven Thousand Five Hundred Dollars and no cents ($57,500.00) cash in hand, the receipt of which is hereby acknowledged, have bargained and sold and do hereby sell, grant, transfer, and convey to the Grantee, its successors and assigns forever, the following property situated in McCracken County, Kentucky, and described as follows: Being a portion of Lots 1 - 6 of the Subdivision for Gary Spear as recorded in the McCracken County Court Clerk's office in Plat Book K Page 1851 located on Olivet Church Road, Paducah, McCracken County, Kentucky and being more particularly described as follows: RIGHT OF WAY PARCEL #25 Beginning at a point, located 25.00 feet left KY Hwy. 998 station 87+46.20; thence 32.07 feet along a curve to the right, said curve having a radius of 20.57 feet, a chord bearing of South 67 degrees 08 minutes 07 seconds West, and a chord length of 28.92 feet to a point, said point being located 45.33 feet left of KY Hwy. 998 station 87+25.63; thence North 68 degrees 11 minutes 49 seconds West a distance of 22.38 feet to a point, said point being located 67.71 feet left of KY Hwy. 998 station 87+25.37; thence 38.98 feet along a curve to the left, said curve having a radius of 25.00 feet, a chord bearing of North 67 degrees 08 minutes 07 seconds East, and a chord length of 35.15 feet to a point, said point being located 43.00 feet left of KY Hwy. 998 station 87+50.37; thence North 22 degrees 28 minutes 03 seconds East a distance of 657.74 feet to a point, said point being located 43.00 feet left of KY Hwy. 998 station 94+08.11; thence 0.99 feet along a curve to the left, said curve having a radius of 9907.00 feet, a chord bearing of North 22 degrees 27 minutes 53 seconds East, and a chord length of 0.99 feet to a point, said point being located 43.00 feet left of KY Hwy. 998 station 94+09.10; thence South 04 degrees 07 minutes 18 seconds West a distance of 57.19 feet to a point, said point being located 25.00 feet left of KY Hwy. 998 station 93+54.82; thence South 22 degrees 28 minutes 03 seconds West a distance of 608.62 feet to the point of beginning. The above-described parcel contains 0.2721 acres (11,853.71 sq, ft.), more or less Being a portion of the same tract of land conveyed to Mary A. Bowies by Deed dated June 15, 1946 of record in Deed Book 307, Page 309, McCracken County Clerk's Office. Mary A Bowles is now deceased and by Last Will and Testament probated on September 29, 1982, of record in Will Book "DD," page 47 in the aforesaid Clerk's Office, said property was devised to Gary Spear. It is understood by the parties hereto and made a covenant herein that the above written parcel described above is conveyed in fee simple. The acquisition of the herein described right of way is for the purposes of the improvement of the public roadway known as Olivet Church Road for the City of Paducah, Kentucky. The plans for the Olivet Church Roadway Improvement Project are on file in the Engineering -Public Works Department, City of Paducah, Kentucky. In consideration of the aforementioned premises, Grantorsalso do hereby grant, bargain, sell, transfer, and convey unto Grantee, its successors and assigns, a perpetual public utility easement with the right to erect, construct, install, and lay and thereafter use, operate, inspect, repair, maintain, replace, and remove public utility lines with all rights in ingress, egress, and regress over and across real property owned by the Grantors, being a portion of the same previously described tract of land aforementioned in this document. Said perpetual permanent public utility easement shall be described as follows: PUBLIC UTILITY EASEMENT PARgEL #25 Beginning at a point, located 45.00 feet left KY Hwy. 998 station 67+40.66; thence 0.51 feet along a curve to the right, said curve having a radius of 5.57feet, a chord bearing of North 70 degrees 48 minutes 05 seconds West, and a chord length of 0.51 feet to a point, said point being located 45.51 feet left of KY Hwy. 998 station 87+40.63; thence North 68 degrees 11 minutes 49 seconds West a distance of 22.38 feet to a point, said point being located 67.88 feet left of KY Hwy. 998 station 87+40.37; thence 15.59 feet along a curve to the left, said curve having a radius of 10.00 feet, a chord bearhrg of North 67 degrees 08 minutes 07 seconds East, and a chord length of 14.06 feet toa point, said point being located 58.00 feet left of KY Hwy. 998 station 87+50.37; thence North 22 degrees 28 minutes 03 seconds East a distance of 703.96 feet to a point, said point being located 57.89 feet left of KY Hwy. 998 station 94+54.60; thence South % degrees 07 minutes 18 seconds West a distance of 41.30 feet to a point, said point being located 45.00 feet left of KY Hwy. 998 station 94+15.16; thence South 22 degrees 28 minutes 03 seconds West a distance of 674.47 feet to the point of beginning. The above-described parcel contains 0.2076 acres (9,045.11 sq, ft.), more or less. -2- The grant of this easement is subject to existing easements for roads and other utilities if any, and Grantee shall, at its expense, repair all damage and surface damage including, but not limited to, settlement, erosion, or washing to Grantors property occasioned by the road construction and by the construction of the utility lines, mains, and appurtenances, and occurring within one year of completion the construction referred to herein, including, but not limited to grading, filling, leveling, sodding, and seeding as may be reasonably required in the sole judgment of the Grantors. TO HAVE AND TO HOLD said property, together with all improvements thereon and all rights and appurtenances thereunto, unto the Grantee, its successors and assigns forever and in fee, with all the rights and privileges thereunto belonging with covenants of General Warranty. IN TESTIMONY WHEREOF the Grantors and Grantee, by signing this document on the above given date, hereby acknowledge that the consideration stated hereinabove is the full actual consideration for the transfer of the subject property. The Grantee joins this deed for the sole purpose of certifying the consideration. IN WITNESS WHEREOF, all of the parties to this deed of conveyance have hereunto set their hands on this the date first above written. -3- dary • '- 1 GRANTEE: CITY OF PADUCAH, KENTUCKY M Gayle Kaler, Mayor STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument and consideration certificate were sworn to and acknowledged before me this 3` day o tl 2013, by Gary Spear and his wife, Joy Morgan Spear, Grantors. My Commission expires: l • Z344 STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) Nota qublic` State, at Large T SEAL 1 s'EaI'S The foregoing consideration certificate was sworn to and acknowledged before me this day of 2013, by Gayle Kaler, Mayor of the City of Paducah, Kentucky, Grantee, My Commission expires: This instrument prepared by: Dan Key, Assistant Corporation Counsel City of Paducah P. 0. Box 2267 Paducah, Kentucky 42002-2267 Notary Public, State at Large -4- SEAL _-,-�— r _._ _, .' l .--i '� _.. _:_ _ _ _. �` I k _ ��-- T�=_ -i � � fi -- H- � --- -- -- ., �,', r �' _-: _ vl 7. '. ---- w_.. -� ,: - ���� , �� �; , �s Agenda Action Form Paducah City Commission Meeting Date: May 14, 2013 Short Title: Purchase of Litter Containers for use in Noble Park utilizing the Kentucky State Contract ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proi Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: The EPW-Solid Waste Division is in need of 80 new 60 -gallon litter containers for public use in Noble Park. The authorized Kentucky State Contract vendor for this type of litter container is Toter, Inc., located in Statesville, NC. Toter has quoted a unit price of $297.00 for each container, with a total price of $25,663.82, which includes freight. The Kentucky Master Agreement number is MA 758-1100000312-3 Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Solid Waste Account Account Number: 050-2209-531.42-19 Finance Staff Recommendation: To adopt an Ordinance authorizing the purchase of 80 new 60 -gallon litter containers for the EPW-Solid Waste Division in the amount of $25,662.82 from Toter, Inc., utilizing the KY State Contract Attachments: Toter Quote and KY State Contract Ca H d City Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: May 14, 2013 Short Title: Authorize Payment to AES Environmental, LLC for Household Hazardous Waste Collected during 2013 Clean -Up Day ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Chris Yarber, EPW Operations Manager Angela Weeks, EPW Project Manager Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On April 18, 2013, the City of Paducah co-sponsored along with the county a free Clean -Up Day to assist all property owners with disposal of various waste. Household hazardous waste was one item collected on this day. In accordance with Kentucky requirements, a Kentucky certified hazardous waste service is required to dispose of all hazardous waste. AES Environmental LLC, with an office in Calvert City, KY, is the only certified hazardous collector who is a vendor with the Commonwealth of Kentucky within this area. Therefore, the service of AES Environmental LLC was requested to collect and dispose of household hazardous waste during the free Clean -Up Day. This year, the collection of household hazardous waste totaled $21,156.60. Last year's collection totaled $30,101.50. The partial funding of the free Clean -Up Day is provided by a grant from the Kentucky Division of Waste Management in the amount of $27,000. Goal: ❑Strong Economy ®Quality Services ®Vital Neighborhoods []Restored Downtowns Funds Available: Account Name: Haz Waste W Project Number: MR0050 � Finance Account Number: 050-2209-531-2004 Staff Recommendation: To adopt an Ordinance authorizing the payment of $21,156.60 to AES Environmental LLC, for collection and disposal of household hazardous waste collected during the free Clean -Up Day on April 18, 2013. Attachments: Invoice ORDINANCE NO. 2013 -5 - AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO PAY AMERICAN ENVIRONMENTAL SERVICES, INC., FOR THE DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE COLLECTED DURING THE CITY/COUNTY FREE CLEAN-UP DAY WHEREAS, the City of Paducah and McCracken County co-sponsored a free Clean -Up Day on April 18, 2013, to assist McCracken County property owners with disposal of various waste; and WHEREAS, the City will receive partial funding for the free Clean -Up Day from the Kentucky Division of Waste Management; and WHEREAS, in accordance with State of Kentucky requirements, a Kentucky certified hazardous waste service is required to dispose of all hazardous waste; and WHEREAS, American Environmental Services, Inc., located in Calvert City. Kentucky, is the only local, certified hazardous collector and therefore was requested to collect and dispose of the household hazardous waste during the free Clean -Up Day; and WHEREAS, this year's collection of hazardous waste cost exceeded 520,000 and therefore, requires Procurement Code procedures to be implemented. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Finance Director is hereby authorized to pay American Ent ironmental Services, Inc., in the amount of $21,156.60, for the disposal of household hazardous waste collected during the City/County free Clean -Up Day. SECTION 2. This expenditure shall be charged to Project Account No. MR0054. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, May 14, 2013 Adopted by the Board of Commissioners, May 28, 2013 Recorded by Tammara S. Sanderson, City Clerk, May 28, 2013 Published by The Paducah Sun, ord`pw`household No: waste -Amer Env Sery 2013 Remit To: AES Environmental LLC 2100 Georgetowne Drive Suite 303 Sewickley, PA 15143 (724)933-4100 Page 2 of 3 Printed: Friday, April 26, 2013 - 11:24 AM AES Environmental LLC Invoice Number: AES -145454 2100 Georgetowne Drive Invoice Date: 4/26/2013 00:00:00 Suite 303 Purchase Order #: Sewickley, PA 15143 Generator: Paducah and McCracken County Residents (724) 933-4100 850 Burnett Street Paducah, KY 41001 Work Order # 101026 T&D Cc Disposal Date Description Quantity Unit Unit Price Line Price 4/18/2013 # 101026-1 / MGT -7664 / HOUSEHOLD HAZ WASTE - AEROSOLS / 310.00 Pound $1.10 $341.00 Tri-Wall/Supersack 4/18/2013 # 101026-2 / MGT -7660 / HOUSEHOLD HAZ WASTE - FLAM LIQUIDS 5435.00 Pound $1.10 $5,978.50 / Tri-Wall/Supersack 4/18/2013 # 101026-3 / MGT -7661 / HOUSEHOLD HAZ WST LIQUID 1295.00 Pound $1.10 $1,424.50 PESTICIDES / Tri-Wall/Supersack 4/18/2013 # 101026-5 / MGT -7663 / HOUSEHOLD HAZ WST CORROSIVE 5.00 Pound $1.10 $5.50 LIQUID / 5G 4/18/2013 # 101026-7 / MGT -17609 / MERCURY & MERCURY MANUR 1.00 Container $560.00 $560.00 ARTICLES / 5G 4/18/2013 # 101026-8 / MGT -21846 / FIRE EXTINGUISHERS / SSG 40.OD Pound $1.10 $44.00 4/18/2013 # 101026-9 / MGT -7788 / HHW - PROPANE CYLINDERS / Cylinder 54.00 Pound $1.10 $59.40 4/18/2013 # 101026-11 / MGT -21489 / STANDARD FLUORESCENT BULBS / 640.00 Lamp (ft.) $0.10 $64.00 Lamp Box 4/18/2013 # 101026-12 / MGT -32037 / COMPACT FLUORESCENT BULBS / 55G 55.00 Lamp (ea.) $0.50 $27.50 4/18/2013 # 101026-13 / MGT -7662 / USED OIL / Totes >275G 1645.00 Pound $1.10 $1,809.50 4/18/2013 # 101026-14 / MGT -7662 / USED OIL / 55G 235.00 Pound $1.10 $258.50 4/18/2013 # 101026-15 / MGT -21492 / DRY ALKALINE BATTERIES / 55G 160.00 Pound $1.10 $176.00 4/18/2013 # 101026-16 / MGT -13182 / LAB PACKS / 55G / Inorganic Acid 70.DO Pound $1.10 $77.00 4/18/2013 # 101026-17 / MGT -7660 / HOUSEHOLD HAZ WASTE - FLAM 135.00 Pound $1.10 $148.50 LIQUIDS / 55G 4/18/2013 # 101026-18 / MGT -7789 / FREON CYLINDERS / Cylinder 14.00 Pound $1.10 $15.40 4/18/2013 # 101026-19 / MGT -32039 / MAPP GAS CYLINDER / Cylinder 2.DO Pound $1.10 $2.20 4/18/2013 # 101026-20 / MGT -7788 / HHW - PROPANE CYLINDERS / 55G 20.00 Pound $1.10 $22.00 4/18/2013 # 101026-21 / MGT -7664 / HOUSEHOLD HAZ WASTE - AEROSOLS / 1.00 Pound $1.10 $1.10 5G 4/18/2013 # 101026-22/ MGT -43662/ ASBESTOS CONTAINING MATERIAL/ _ 15.DO Pound $1.10 $16.50 SG 4/18/2013 # 101026-23 / MGT -21491 / NICKEL CADMIUM BATTERIES / 5G S.DO Pound $1.10 $5.50 4/18/2013 # 101026-24 / MGT -32038 / LITHIUM BATTERIES / 5G 5 D Pound $1.10 $5.50 4/18/2013 # 101026-25 / MGT -43661 / SEALED LEAD ACID BATTERIES / 5G 105.00 Pound $1.10 $115.50 4/18/2013 # 101026-26 / MGT -7660 / HOUSEHOLD HAZ WASTE - FLAM 380A0 Pound $1.10 $418.00 LIQUIDS / 85G Remit To: AES Environmental LLC 2100 Georgetowne Drive Suite 303 Sewickley, PA 15143 (724)933-4100 Page 2 of 3 Printed: Friday, April 26, 2013 - 11:24 AM AES Environmental LLC Invoice Number: AES -145454 2100 Georgetowne Drive InvoiceVate: 4/26/2013 00:00:00 Suite 303 Purchase Order #: Sewickley, PA 15143 Generator: (724)933-4100 Work Order # 101026 T&D CC Disposal Date Description Quandty Unit __ Unit Price Line Price 4/18/2013 # 101026 (1)-1 / MGT -7659 / HOUSEHOLD HAZ WST NON REG 8710.00 Pound $1.10 $9,581.00 LIQUIDS / Rolloff/Dump Work Order Subtotal $21,156.60 Invoice Total $21,156.60 Remit To: AES Environmental LLC 2100 Georgetowne Drive Suite 303 Sewickley, PA 15143 (724) 933-4100 Page 3 of 3 Printed: Friday, April 26, 2013 - 11:24 AM Agenda Action Form Paducah City Commission Meeting Date: May 14, 2013 Short Title: To Authorize Change Order # 1 for the Preservation and Renovation of the Market House and River Discovery Center ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On December 18, 2012, Ordinance 92012-12-8003 was adopted authorizing the Mayor to execute a contract with Ray Black & Son, Inc., in the amount of $215,927.00 for the Preservation and Renovation of the Market House and River Discovery Center. Subsequently, work has progressed with two minor items requiring a change order to the contract as follows: 1. Replacement of Gable ends on the Market House $2,123.00 2. Additional Glass replacement on the Market House $1,625.00 TOTAL ADDITIONS $3,748.00 Therefore, with the new additional amount of $3,748.00, the ttew contract amount will be $219,675.00. Additionally, an additional 30 days of work is requested; which will make the new date of completion of all Work June 1, 2013. Goal: ❑Strong Economy ❑Quality Services ❑Vital Neighborhoods ®Restored Downtowns Funds Available: Account Name: Rental Property Repairs- "N-� S 110113 Upkeep Finance Account Number: 063-0211-542-3305 Staff Recommendation: To adopt an Ordinance authorizing Change Order #1 in the amount of $3,748.00 for the Preservation and Renovation of the Market House and River Discovery Center Contract with Ray Black & Son, Inc..; which will increase the contract amount to $219,675.00, and increasing the time for completion by 30 days; which will extend the new date of completion of all Work to June 1, 2013. Attachments: Original Ordinance, Change Order #1, Notice to Proceed �1 Depart nt He City Clerk City Manager ORDINANCE NO. 2013.5 - AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO. I IN THE AMOUNT OF $3.748.00 WITH RAY BLACK & SON. INC.. FOR THE PRESERVATION AND RENOVATION OF THE NIARKET HOUSE AND RIVER DISCOVERY CENTER WHEREAS. the City approved Ordinance No. 2012-12-8003 to enter into a contract Ncith Ray Black & Son. Inc.. in the amount of $215.927.00 for the preservation and renovation of the Market House and River Discoaery Center:. and WHEREAS. Change Order No. I is required for an increase in the amount or $3.748.00 for additional glass replacement and replacement of gable ends on the Market House to finalize the project ror the above referenced contract. increasing the total contract price to 5219.675.00. BE IT ORDAINED BY PHE CITY OF PADUCAH. KENTUCKY: SECTION 1 The Mayor is hereby authorized and directed to execute Change Order No. I for an increase in the amount of 53.748.00 with Ra) Black & Son. Inc. for additional repairs to the Market House to finalize the project. increasing the total cost to 5219.675.00. SECTION 2. This ordinance shall be read on L%w separate days and kill become eftectice upon sunvnaq publication pursuant to KRS Chapter 424. Macor ATTEST: Tammara S. Sanderson. Citi Clerk Introduced by the Board of Commissioners May 14. 2013 Adopted by -the Board or Commissioners Mac 28. 2013 Recorded by Tantmara S. Sanderson City Clerk. May 28. 2013 Published be The Paducah Sun. `ord`eng`chgordl-renoaations-mkt house & ricer discovery center 00650 CHANGE ORDER PAGE I OF CITY OF PADUCAH ENGINEERING PUBLIC -WORKS DEPARTMENT CHANGE ORDER CHANGE ORDER NO: 1 DATE: May 10,2013 Preservation and Renovation of the Market House & River NAME OF PROJECT: Discovery Center OWNER: City of Paducah, Kentucky VENDOR: Ray Black & Son, Inc. THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENTS: ADDITIONS: Replacement of Gable Ends on the Market House $2,123.00 Additional Glass Replacement1$ ,625.00 TOTAL ADDITIONS: $3,748.00 CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE INCREASED BY: $3,748.00 ORIGINAL CONTRACT PRICE: $215,927.00 CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS: $0.00 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER WILL BE: $219,675.00 THE CONTRACT TIME WILL BE INCREASED BY: 30 Days APPROVALS REQUIRED: CONTRACTOR DATE CITY ENGINEER -PUBLIC WORKS DIRECTOR DATE DATE Agenda Action Form Paducah City Commission Meeting Date: May 14, 2013 Short Title: Contract with Paducah Convention & Visitors Bureau - $25,000 (conduit for AQS) ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Presentation By: Background Information: Claudia Meeks, Jonathan Perkins Jeff Pederson, City Manager As part of the Investment Fund Decision Items for FY2013 (current year), the Commission approved appropriation to fund the American Quilters Society for the 2013 Quilt Show in the amount of $25,000. These funds are being paid through the Convention & Visitors Bureau to provide match for a State Tourism Grant. When the City provides funds 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 agency funds may flow. Therefore, the City will need to execute a contract with the CVB to handle the $25,000 payment. History - In July 2007, the City verbally committed to a cash incentive of $25,000 for the spring 2008 American Quilter Society (AQS) Show. Other local agencies also conunitted funds to the AQS show. The funds were to be used to market and promote events and venues related to the 2008 show. On March 18, 2008 the City Commission authorized a municipal order committing .325,000 in Commission contingency funds to the 2008 AQS show. This process was repeated in 2009, 2010 2011, and again in 2012. This payment request/contract is for 2013. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: This expenditure was appropriated in the FY2013 Budget, Account Name: Services -Other Account Number: 004-0401-536-8072 Staff Recommendation: j 5ltolt3 mance 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 525,000 on behalf of the AQS to be used for marketing and promoting events and venues related to the 2013 AQS Show. Agenda Action Form Attachments: Ordinance Contract Department Head City Clerk r Manager Page 2 ORDNANCE NO. 2013 -5 - AN ORDNANCE 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 $25,000 as a match for a state tourism grant and to be used for marketing and promoting events and venues related to the 2013 American Quitters Society Show. This contract shall expire June 30, 2013. SECTION 2. This expenditure shall 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, May 14, 2013 Adopted by the Board of Commissioners, May 28, 2013 Recorded by Tammara S. Brock, City Clerk, May 28, 2013 Published by The Paducah Sun, \ord\contract-Convention & Visitors Bureau (AQS 2013) SPONSORSHIP AGREEMENT BETWEEN COMMONWEALTH OF KENTUCKY by and through TOURISM, ARTS AND HERITAGE CABINET AND PADUCAH-MCCRACKEN COUNTY CONVENTION & VISITORS BUREAU This Sponsorship Agreement ("Agreement") is entered into by and between the Commonwealth of Kentucky, by and through the Tourism, Arts and Heritage Cabinet ("Cabinet") and the Paducah -McCracken County Convention and Visitors Bureau ("Paducah CVB"). WHEREAS, KRS 142.406 authorizes the Cabinet to expend funds to market and promote tourism in the Commonwealth including expenditures to market and promote events and venues related to meetings, conventions, trade shows, cultural activities, historical sites, recreation, entertainment, natural phenomena, areas of scenic beauty, craft marketing, and any other economic activity that brings tourists and visitors to the Commonwealth; and WHEREAS, Paducah CVB has submitted a proposal for the 2013 American Quilter's Society Annual Quilt Show ("event"); and WHEREAS, the Cabinet wishes to partner with Paducah CVB to facilitate the event and promote and market tourism in the Commonwealth; and WHEREAS, this event is important to stimulating tourism, local business investment and additional visitors in Paducah and McCracken County, Kentucky; NOW THEREFORE, in support of the mutual promises and consideration set forth herein, the Cabinet and Paducah CVB agree as follows: 1. The Cabinet shall provide funding, per KRS 142.4o6, in support of the 2013 American Quilter's Society Annual Quilt Show, not to exceed $37,500; Payment shall be made to Paducah CVB upon full execution of this Agreement, and upon approval by the Finance and Administration Cabinet, as required by KRS 45A. 3. Paducah CVB agrees to use said funds for the sole purpose of marketing and promoting the 2013 event; Page x of 6 SPONSORSHIP AGREEMENT BETWEEN COMMONWEALTH OF KENTUCKY by and through TOURISM, ANTS AND HERITAGE CABINET AND PADUCAH-MCCRACKEN COUNTY CONVENTION k VISITORS BUREAU TERM OF AGREEMENT: This Agreement shall be effective upon approval by the Finance and Administration Cabinet, and shall expire on June 30, 2013. Time is of the essence for performance herein. If this Agreement is for a term that extends beyond the current fiscal Biennial budget, payment by the Cabinet and performance obligations of both parties for the succeeding fiscal year shall be subject to available fiords. CAUSES AND TERMINATION: Either party may terminate this contract without cause after thirty days written notice, or for cause at any time. CONFLICT OF INTEREST: The parties certify by the signatures of duly authorized representatives hereinafter affixed, that they are legally entitled to enter into this agreement and that they shall not be violating, either directly or indirectly, any conflict of interest statute of the Commonwealth of Kentucky, by the performance of this agreement. INDEMNITY AND HOLD HARMLESS: PADUCAH CVB agrees to indemnify and hold harmless the Cabinet, its agents, officers, and employees, from any and all claims, demands, damages, actions, costs, reasonable attorney fees, and other charges to which PADUCAH CVB or the Cabinet may have to pay, by reason of pecuniary damages or injury to any person or property, or loss of life or property resulting from or in any way connected with any and all characteristics or conditions of the event that are created, instituted, caused or otherwise brought about by PADUCAH CVB or its participants in the course of activities related to this event. CHOICE OF LAW AND FORUM: All questions as to the execution, validity, interpretation, construction and performance of this agreement shall be governed by the laws of the Commonwealth of Kentucky. Furthermore, the parties hereto agree that any legal action which is brought on the basis of this agreement shall be filed in the Franklin County Circuit Court of the Commonwealth of Kentucky. Page 2 of 6 SPONSORSHIP AGREEMENT BETWEEN COMMONWEALTH OF ICENTUCKY by andi through TOURISM, ARTS ANIS HERITAGE CABINET AND PADUCAH-MCCRACICEN COUNTY CONVENTION & VISITORS BUREAU ACCESS TO RECORDS: The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their drily authorized representatives, shall have access to any books, documents, papers, records, or other e-Mence, 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 61.878(l)(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. In the event of a dispute between the contractor and the contracting agency, Attorney General, or the Auditor of Public Accounts over documents that are eligible for production and review, the Finance and Administration Cabinet shall review the dispute and issue a determination, in accordance with Secretary's Order 11-004. (Attachment -A) MISCELLANEOUS: No modification or change of any provision of this Agreement shall be made, or construed to be made, unless such modification is mutually agreed in writing; 2. Both parties shall abide by KRS 45570; All notices or communications whatsoever, shall be in writing and sent by First Class Mail to the parties as identified below. FUNDING OUT PROVISION: The state agency may terminate this contract if funds are not appropriated to the contracting agency or are not otherwise available for the purpose of malting payments Mthout incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The state agency shall provide the contractor thirty (30) calendar days written notice of termination of the contract. Page 3 of 6 SPONSORSHIP AGREEMENT BETWEEN COMMONWEALTH OF KENTUCKY by and through TOURISM, ARTS AND HERITAGE CABINET AND PADUCAH-MCCRACICEN COUNTY CONVENTION & VISITORS BUREAU Ms Mary Hammond, Exec. Director Date Paducah -McCracken County Convention & Visitors Bureau 128 Broadway Paducah, Kentucky 42001 Marcheta Sparrow, Secretary Date Tourism, Arts and Heritage Cabinet Capital Plaza Tower, 24th Floor 500 1VIero Street Frankfort, Kentucky 4o6o1 F\`...�,, OFFICE OF LEGAL AFFAIRS Date TOURISM, ARTS AND HERITAGE CABINET Page 4 of 6 SPONSORSHIP AGREEMENT BETWEEN COMMONWEALTH OF KENTUCKY by and through TOURISM, ARTS AND HERITAGE CABINET AND PADUCAH- MCCRACKEN COUNTY CONVENTION & i ISITORS BUREAU ATTACHMENT - A SECRETARY'S ORDER 11-004 FINANCE AND ADMINISTRATION CABINET Vendor Document Disclosure WHEREAS, in order to promote accountability and transparency in governmental operations, the Finance and Administration Cabinet believes that a mechanism should be created which would provide for review and assistance to an Executive Branch agency if said agency cannot obtain access to documents that it deems necessary to conduct a review of the records of a private vendor that holds a contract to provide goods and/or services to the Commonwealth: and WHEREAS, in order to promote accountability and transparency in governmental operations, the Finance and Administration Cabinet believes that a mechanism should be created which would provide for review and assistance to an Executive Branch agency if said agency cannot obtain access to documents that it deems necessary during the course of an audit, investigation or any other inquiry by an Executive Branch agency that involves the review of documents; and WHEREAS, KRS 42,014 and KRS 12.270 authorizes the Secretary of the Finance and Adminishation Cabinet to establish the internal organization and assignment of functions which are not established by statute relating to the Finance and Administration Cabinet; further, KRS Chapter 45A.050 and 45A.230 authorizes the Secretary of the Finance and Administration Cabinet to procure, manage and control all supplies and services that are procured by the Commonwealth and to intervene in controversies among vendors and state agencies; and NOW, THEREFORE, pursuant to the authority vested in me by KRS 42.014, KRS 12.270, KRS 45A.050, and 45A.230, I, Lori I-1. Flanery, Secretary of the Finance and Administration Cabinet, do hereby order and direct the following: 1. Upon (he request of all Executive Branch agency, the Finance and Administration Cabinet ("FAC") shall formally review any dispute arising where the agency has requested documents fiom a private vendor that holds a state contract and the vendor has refused access to said documents under a claim that said documents are not directly pertinent or relevant to the agency's inquiry upon which the document request was predicated. 11. Upon the request of an Executive Branch agency, the FAC shall formally review any situation where the agency has requested deemnents that the agency deems necessary to conduct audits, investigations or any other formal inquiry where a dispute has arisen as to what documents are necessary to conclude the inquiry. Page 5 of 6 SPONSORSHIP AGREEMENT BETWEEN COMMONWEALTH OF KENTUCKY by and through TOURISM, ARTS ANIS HERITAGE CABINET AND PADUCAH-MCCRACKEN COUNTY CONVENTION & VISITORS BUREAU Ill. Upon receipt of a request by a state agency pursuant to Sections I & 11, the FAC shall consider the request from the Executive Branch agency and the position of the vendor or party opposing the disclosure of the documents, applying any and all relevant law to the facts and circumstances of the matter in controversy. After FAC's review is complete, FAC shall issue a Determination which sets out FAC's position as to what documents and/or records, if any, should be disclosed to the requesting agency. 'fhe Determination shall be issued within 30 days of receipt of the request from the agency. This time period may be extended for gond cause. IV. If the Determination concludes that documents are being wrongfully withheld by the private vendor or other party opposing the disclosure from the state agency, the private vendor shall immediately comply with the FAC's Determination. Should the private vendor or other party refuse to comply with FAC's Determination, then the FAC, in concert with the requesting agency, shall effectuate any and all options that it possesses to obtain the documents in question, including, but not limited to, jointly initiating an action in the appropriate court for relief. V. Any provisions of any prior Order that conflicts with the provisions of this Order shall be deemed null and void. Page 6 of 6 CONTRACT FOR SERVICES This Contract for Services, effective this day of , 2013, 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 traveler, convention, trade show and group tour visits; and WHEREAS, City funding would assist the Paducah CVB in assuring the American Quilters Society (AQS) 2013 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 the mutual covenants as herein set forth, the parties do covenant and agree as follows: SECTION 1: TERM The term of this contract for services shall be from the effective date of the contract until June 30, 2013. 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 CVB, in assuring that the American Quilter Society (AQS) 2013 show is held in Paducah, and provides match for a State Tourism Grant for the same purpose, the City shall, upon receive of an invoice, pay the Paducah CVB, a one-time amount of Twenty -Five Thousand Dollars ($25,000). 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 2013 show to be used 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 2013. SECTION 6: ENTIRE AGREEMENT 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 the 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 all 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 \ lqq I !1 G/rN�rr` ays Title UK �iG(( r v� eldil �v�y v Date: U 3 K