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HomeMy WebLinkAboutCCMPacket2013-02-19CITY COMMISSION MEETING AGENDA FOR FEBRUARY 19, 2013 5:30 P.M. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS RECOGNITION: Paducah Tilghman Speech and Forensic Team"Champs" PROCLAMATION: Paducah Ambassador's 25" Anniversary — C. ALLEN I. MINUTES II. MOTIONS A. R & F Documents III. MUNICIPAL ORDERS A. Personnel Changes B. Declaration and Sale of Surplus Property at 1209 Bell Ave — S. ERVIN IV. ORDINANCE — ADOPTION A. Transfer Paducah Water Works Property to Hendren Fire Department — G. ANDERSON/B. ROBERTSON B. Approve Pavement Marking Contract —R. MURPHY V. ORDINANCES —INTRODUCTION A. Design Agreement with USACE for the Ohio River Shoreline Reconstruction Project — R. MURPHY B. Amend Ordinance to Increase Membership of Paducah Renaissance Alliance Advisory Board — L. THOMPSON A0. CITY MANAGER REPORT 1. Selection of U.S. Hwy 45 Crossing Design for Greenway Trail Phase II VIL COMNHSSIONER COMMENTS VIII. I PUBLIC COMMENTS IX. JANUARY 10, 2012 I move that the following documents be received and filed: DOCUMENTS Amended Surety Bond to Include Commissioners Rhodes and Wilson pursuant to Kentucky Revised Statutes Collection Service Contract with Addendum and Contingency Fee Schedule with Credit Bureau Systems, Inc. to Process and Treat the Delinquent Accounts of the City for 2013 (Ord.#2012-12-8006) Noble Park Pool Rehabilitation Projects with Aquatic Renovation Systems, Inc. (Ord. #2012- 11-7993) a) Payment Bond b) Performance Bond C) Notice of Award d) Agreement 4. Renovation and Preservation of the Market House and River Discovery Center with Ray Black & Son, Inc.. (Ord/. #2012-12-8003) a) Certificate of Insurance b) Performance Bond C) Payment Bond d) General Purpose Rider Revision e) Agreement 5. Front Loading Refuse Collection Trick with McBride Mack Sales, Inc., for the Engineering - Public Works Dept (Ord.#2012-12-8004 & Ord.#2012-11-7990) a) Certificate of Insurance b) Performance Bond C) Agreement 6. Construction of 1621 Harrison Street -Fountain Avenue Housing Revitalization Project - Contractor: Jim Steele Construction, Inc,: (Ord.# 2012-1-7996) a) Notice to Proceed b) Contract with Exhibit A Construction of 302 Harahan Boulevard -Fountain Avenue Housing Revitalization Project - Contractor: Crawford Contracting (Ord.#2012-11-7994) a) Notice to Proceed b) Contract with Exhibit A 8. Construction of 1527 Monroe Street -Fountain Avenue Housing Revitalization Project - Contractor: Brandon Owens Construction (Ord #2012-11-7995) a) Notice to Proceed b) Contract with Exhibit A Department of Finance Financial Report for Period Ending September 30, 2012; October 31, 2012; and November 30, 2012 10. Interlocal Cooperation Agreement between the City and McCracken County for Animal Control Services (Ord.#2012-7-7958) 11. Notice of Cancellation for City Commission Meeting on February 12, 2013 CITY OF PADUCAH February 19, 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 OF PADUCAH PERSONNEL ACTIONS February 19, 2013 NEW HIRE - FULL-TIME (FR POSITION RATE NCS/CS FLSA EFFECTIVE DATE FIRE SUPPRESSION Blackwell, Jacob Fire Fighter (Appointee) $11.72/Hr NCS Non -Ex February 28, 2013 Gray, Justin Fire Fighter (Appointee) $11.72/Hr NCS Non -Ex February 28, 2013 Meiser, Matt Fire Fighter (Appointee) $11.72/Hr NCS Non -Ex February 28, 2013 PAYROLL ADJUSTMENTSITRANSFERSIPROMOTIONSITEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY FIRE SUPPRESSION Pendergrass, Brian Public Works Laborer Fire Fighter (Appointee) NCS Nan -Ex February 28, 2013 $14.96/Hr $11.72/Hr EPW Kaufman, Marvin E. Fleet Mechanic II Compost Equipment Operator NCS Non -Ex February 21, 2013 $19.26/Hr $18.30/Hr TERMINATIONS - PART-TIME (PIT)ITEMPORARYISEASONAL POSITION REASON EFFECTIVE DATE PARKS SERVICES Barnhill, Lacey Recreation Leader Part -Time / Seasonal February 8, 2013 Burge -Beckley, Kaela Recreation Leader Part -Time / Seasonal September 24, 2012 Moore, Matthew Recreation Leader Part -Time / Seasonal February 8, 2013 Windham, Jacob Recreation Leader Part -Time / Seasonal February 8, 2013 Agenda Action Form Paducah City Commission Meeting Date: February 26, 2013 Short Title: Declaration and Sale of Surplus Property at 1209 Bell Ave. ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Steve Ervin/Nancy Upchurch Presentation By: Steve Ervin Background Information: This action would declare 1209 Bell Avenue surplus property owned by the City of Paducah and authorize the transfer of the vacant lot to the adjacent property owner Glenda Sharp. She submitted an offer to purchase the property for $1000. She would use the property expand her yard and in the future plans to construct a two car garage. The property has been advertised in the Paducah Sun on more than one occasion the last being on Sunday, December 16, 2012. No bids were received. In addition to the advertising and the placing of signs on the lot, the property is listed on the City's website. The surplus property owned by the City has been the subject of media coverage in the past. Sec. 2-654 (4) c. of the Paducah Code of Ordinances allows the city to enter into competitive negotiations once an invitation to bid has been made in accordance with section 2-645 (a through g) and no bids are received from a responsive and responsible bidder. The conditions of the ordinance have been satisfied; therefore, staff recommends that the Commission declare the property surplus and transfer to Mrs. Glenda Sharp for her offer of $1000. Goal: []Strong Economy ® Quality Services® Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: N/A Account Number: N/A Finance Attachments: Additional supporting documentation to meet requirements Sec. 2-668 of the Paducah Code of Ordinances. Z Department Head City Clerk , City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING THE SALE OF REAL PROPERTY LOCATED AT 1209 BELL AVENUE IN THE AMOUNT OF $1000 TO GLENDA SHARP WHEREAS, pursuant to 2-668 of the Code of Ordinances of the City of Paducah, Kentucky, a written determination has been made by the City Manager that the City does not have any use at this time or in the future for property located at 1209 Bell Avenue, which constitutes surplus real estate. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby approves the sale of real property located at 1209 Bell Avenue for and in consideration of $1000 to Glenda Sharp, SECTION 2. The Mayor is hereby authorized to execute a deed and any necessary documents relating to same to complete the sale of the real property approved in Section l above. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Conunissioners, February 19, 2013 Recorded by Tanunara S. Brock, City Clerk, February l9, 2013 \mo\prop sale -1209 Bell Ave Sec. 2-668. Disposition of surplus or excess property. 1. Description of property: 1209 Bell Avenue 2. Its intended use at the time of acquisition: This lot was acquired by the City of Paducah on by commissioners deed recorded in Deed Book 1083 Page 287 in January of 2006. The City did not have a specific use for the property at the time of the acquisition. 3. The reason why it is in the best interest of the City to dispose of the item: Several months ago staff compiled a list of properties that the City had acquired over the years through various means. This lot is on the list of properties staff deemed as surplus. The City of Paducah has owned and maintained the property since 2006. It is in the best interest of the City of Paducah to transfer ,that property to a responsible owner that will take over and maintain the property and possibly develop in the future. 4. The method of disposition to be used: The property will be sold to adjacent property owner Glenda Sharp. She submitted a bid and offers to pay $1000 for the property. She will use the property to expand her yard and in the future plans to put a two car garage on the lot. Therefore, staff recommendation is that it is in the best interest of the city to declare this property surplus and approve the transfer of this property to Mrs. Glenda Sharp. Director Planning Department City Manager d �eAazbY,a�� 1/22/2013 I would like to submit a proposal for the lot at 1209 Bell Ave. 1 own the adjoining property, and would someday like to put a 2 car garage there. My budget allows me to offer a $1000.00 dollars for this lot, if accepted this would releave the city of all upkeep and taxes on this piece of property as it would become my responsibility. Please consider my offer. Sincerely, Glenda Sharp 1207 Bell Ave. Paducah, Ky. 42003 155854 Agenda Action Form Paducah City Commission Meeting Date: February 5, 2013 Short Title: Transfer Paducah Water Works Property to Hendron Fire Dept. XOrdinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Presentation By: Glen Anderson General Manager, Paducah Water Background Information: On April 16, 2012, the Hendron Water District ("District") and the Commissioners of Water Works for the City of Paducah, Kentucky, doing business under the assumed name of Paducah Water ("PW") entered into an agreement wherein the ownership, management and operation of the District's water distribution system was transferred and assigned by to PW. PW assumed such obligations and began operations on July 18, 2012. In the acquisition of the Hendron water distribution system PW assumed ownership of the real property located at the intersection of Broyles Avenue and A.T. Massa Drive ( formerly known as Old Mayfield Road), in Paducah, McCracken County, Kentucky. Pursuant to the agreement between PW and the District it was determined and agreed that the Property is not necessary, appropriate, or in the best interests of the operations of the water distribution system and that the Property should be transferred without consideration to the Hendron Fire Department, another governmental agency, in accordance with Section 2-668 of the Paducah Codes of Ordinances. Goal: xStrong Economy ❑ Quality Services❑ Vital Neighborhoods[] Restored Downtowns Staff Recommendation: Department Head I City Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: February 5, 2013 Short Title: 2013-2014 Pavement Marking Contract ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, Engr-Pub Works Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On January 29, 2013, sealed bids were opened and read aloud for the City of Paducah's 2013- 2014 Pavement Marking Contract, with Brehm Striping Company, Inc., submitting the only bid. This program consists of the installation of required pavement marking on various City streets for the remaining portion of the 2013 calendar year and the 2014 calendar year ending December 31, 2014. The contract will have the option for a one-year extension, ending December 31, 2015, if both parties agree. Goal: ❑Strong Economy EQuality Services ®Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: 1 3oC) Account Number: Various Accounts inarice Project Number: Staff Recommendation: To receive and file the received bid and adopt an Ordinance authorizing the Mayor to enter into a contract with Brehm Striping Company, Inc., at the unit prices listed on the Bid Proposal for the Pavement Marking Contract for the remainder of the 2013 calendar year and the 2014 calendar year, with the option of a one year extension if both parties agree. Attachments: Bid, Bid Tab, Advertisement and proposed Contract Departm t Hea City Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: February 19, 2013 Short Title: Design Agreement with the US Department of the Army for the Design of the Ohio River Shoreline ®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: In accordance with the Water Resources Development Act of 2007 "WRDA" bill, the U.S. Army Corps of Engineers (USACE) and the City of Paducah entered in a Floodwall Feasibility Study and Certification of Levee System Agreement as authorized by Ordinance #2009-1- 7510. Subsequently, the USACE completed the Feasibility Report of the Paducah Levee System in October 2010, aka "the Ohio River Shoreline, Paducah Kentucky LFPP Reconstruction Project Feasibility Report," which recommended certain rehabilitation projects to improve the reliability and restore system performance of the City's 60 -year old Floodwall. On May 16, 2012, the USACE Chief's report recommended to the U.S. Congress the implementation of the Paducah's Reconstruction projects noted within the Feasibility Report. On July 17, 2012, the Board of Commissioners adopted Municipal Order #1678 authorizing the Mayor to Execute a Letter of Intent to the USACE supporting the Reconstruction Feasibility Report issued, to pledge cooperation with the Reconstruction Project and to offer assistance in the initiation of the Preconstruction Engineering and Design (PED) activities associated with the Reconstruction Project. At this time, the USACE is prepared to begin the PED activities associated with the Reconstruction Project. In order to implement the PED process, the City of Paducah will need to execute a Design Agreement with the Department of the Army. This agreement obligates the City to contribute 25 percent (25%) of the total design costs associated with the Reconstruction Project, which is projected to be approximately $600,000. Therefore, the City's approximate share for the design of the Reconstruction Project is estimated to be $150,000 total. A portion of the City's required obligation can be credited by in-kind services provided by City staff and/or outside sources. Goal: ®Strong Economy ®Quality Services ®Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Account Number: ® Finance Staff Recommendation: To adopt an Ordinance authorizing the Mayor to execute the Design Agreement between the Department of the Army and the City of Paducah, Kentucky, for design for the Ohio River Agenda Action Forn Page 2 Shoreline, Paducah, Kentucky LFPP Reconstruction Project and to authorize the payment not to exceed $150,000 payable to "FAO, USA -ED, Louisville," which is the City's estimated 25% portion associated with the design of project. Attachments: Design Agreement Municipal Order #1678 July 18, 2012 - LOI for Ohio River Shoreline Reconstruction Project May 16, 2012 - USACE Chief's Report Ordinance #2009-01-7510 Clerk ORDINANCE NO. 2013.2 - AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A DESIGN AGREEMENT WITH THE DEPARTMENT OF THE ARMY, REPRESENTED BY THE DISTRICT ENGINEER, U.S. ARMY ENGINEER, LOUISVILLE DISTRICT AND THE CITY OF PADUCAH, KENTUCKY FOR THE OHIO RIVER SHORELINE, PADUCAH, KENTUCKY LFPP RECONSTRUCTION PROJECT, AND AUTHORIZING THE EXECUTION OF SAME WHEREAS, in accordance with the Water Resources Development Act of 2007 "WRDA" bill, the U.S. Army Corps of Engineers (USACE) and the City of Paducah entered in a Floodwall Feasibility Study and Certification of Levee System Agreement as authorized by Ordinance #2009-1-7510; and WHEREAS, the USACE completed the Feasibility Report of the Paducah Levee System in October 2010, aka "the Ohio River Shoreline, Paducah Kentucky LFPP Reconstruction Project Feasibility Report," which recommended certain rehabilitation projects to improve the reliability and restore system performance of the City's 60 -year old Floodwall; and . WHEREAS, on May 16, 2012, the USACE Chief's report recommended to the U.S. Congress the implementation of the Paducah's Reconstruction projects noted within the Feasibility Report; and WHEREAS, on July 17, 2012, the Board of Commissioners adopted Municipal Order #1678 authorizing the Mayor to Execute a Letter of Intent to the USACE supporting the Reconstruction Feasibility Report issued, to pledge cooperation with the Reconstruction Project and to offer assistance in the initiation of the Preconstmction Engineering and Design (PED) activities associated with the Reconstruction Project; and WHEREAS, at this time, the USACE is prepared to begin the PED activities associated with the Reconstruction Project. In order to implement the PED process, the City of Paducah will need to execute a Design Agreement with the Department of the Army. This agreement obligates the City to contribute 25 percent (25%) of the total design costs associated with the Reconstruction Project, which is projected to be approximately $600,000. Therefore, the City's approximate share for the design of the Reconstruction Project is estimated to be $150,000 total. Part of this amount can be credited by in-kind services by City staff and/or City expenditures/resources required. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. Recitals and Authorization. The City hereby approves the Design Agreement between the Department of the Army and the City of Paducah, Kentucky, in substantially the form attached hereto as Exhibit A and made part hereof. It is further determined that it is necessary and desirable and in the best interests of the City to enter into the Agreement for the purposes therein specified, and the execution and delivery of the Agreement is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the Agreement, together with such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the Agreement with such changes in the Agreement not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City. The approval of such changes by said official, and that such are not substantially adverse to the City, shall be conclusively evidenced by the execution of such Agreement by such official. Section 2. Severabilitv. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. Section 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. Section 5. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. MAYOR ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, February 19, 2013 Adopted by the Board of Commissioners, February 26, 2013 Recorded by Tammara S. Sanderson„ City Clerk, February 26, 2013 Published by The Paducah Sun, \ord\eng\agree-ohio river shoreline design EXHIBIT A DESIGN AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF PADUCAH, KENTUCKY FOR DESIGN FOR THE OHIO RIVER SHORELINE, PADUCAH, KENTUCKY (PADUCAH, KENTUCKY LFPP) RECONSTRUCTION PROJECT THIS AGREEMENT is entered into this day of , 2013, by and between the Department of the Army (hereinafter the "Government"), represented by the District Engineer, U.S. Army Engineer, Louisville District and the City of Paducah, Kentucky (hereinafter the "Non -Federal Sponsor"), represented by the Mayor of the City of Paducah, Kentucky. WITNESSETH, THAT: WHEREAS, Federal General Investigations funds for Fiscal Year 2012, included funds for the Government to initiate design of the Ohio River Shoreline, Paducah, Kentucky (Paducah, Kentucky LFPP) Reconstruction Project (hereinafter the "Project' as defined in Article I.A. of this Agreement) at the City of Paducah, McCracken County, Kentucky; WHEREAS, the Government and the Non -Federal Sponsor desire to enter into an agreement (hereinafter the "Agreement') for the provision of design for the Project; WHEREAS, construction or implementation of the Project is authorized by Section 5077 of the Water Resources Development Act (WRDA) 2007 (Public Law 114-110); WHEREAS, Section 105(c) of the Water Resources Development Act of 1986, Public Law 99-662 (33 U.S.C. 2215), provides that the costs of design of a water resources project shall be shared in the same percentage as the purposes of such project; WHEREAS, the Government and the Non -Federal Sponsor agree that, during the period of design, the Non -Federal Sponsor shall contribute 25 percent of total design costs and that, if a Project Partnership Agreement for construction of the Project is executed between the Government and a non -Federal interest, such non -Federal interest shall contribute any remaining portion of the non -Federal share of the costs of design in accordance with the provisions of such Project Partnership Agreement; WHEREAS, the Government and Non -Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of the Project in accordance with the terms of this Agreement; and WHEREAS, the Government and the Non -Federal Sponsor, in connection with this Agreement, desire to foster a partnering strategy and a working relationship between the Government and the Non -Federal Sponsor through a mutually developed formal strategy of commitment and communication embodied herein, which creates an environment where trust and teamwork prevent disputes, foster a cooperative bond between the Government and the Non -Federal Sponsor, and facilitate the successful design and implementation of the Project. NOW, THEREFORE, the Government and the Non -Federal Sponsor agree as follows: ARTICLE I - DEFINITIONS A. The term "Project" shall mean the design of reconstruction of the aging infrastructure as generally described in the Chiefs Report signed May 16, 2012 and the Ohio River Shoreline, Paducah, Kentucky (Paducah, Kentucky LFPP) Reconstruction Feasibility Report with Environmental Assessment and associated Engineering Appendix, dated September, 2011 (revised in November, 2011). B. The term "total design costs" shall mean the sum of all costs incurred by the Non -Federal Sponsor and the Government in accordance with the terms of this Agreement directly related to design of the Project. Subject to the provisions of this Agreement, the term shall include, but is not necessarily limited to; the Government's costs of engineering and design, economic and environmental analyses, and evaluation performed after a feasibility report whether performed prior to or after the effective date of this Agreement that were not previously shared with a non - Federal interest pursuant to any other agreement; the Government's costs of review processes required by the Government; the Government's costs of Independent External Peer Review, if required, except for the costs of any contract for an Independent External Peer Review panel; the Government's supervision and administration costs; the Non -Federal Sponsor's and the Government's costs of participation in die Design Coordination Team in accordance with Article III of this Agreement; the Government's costs of contract dispute settlements or awards; and the Non - Federal Sponsor's and the Government's costs of audit in accordance with Article VII.B. and Article VII.C. of this Agreement. The term does not include any costs of additional work under Article II.E. of this Agreement; any costs of dispute resolution under Article V of this Agreement; any costs incurred as part of reconnaissance studies for the Project; any costs incurred as part of feasibility studies under any other agreement for the Project; the Non -Federal Sponsor's costs of negotiating this Agreement; any costs of a contract for an Independent External Peer Review panel; or any costs of negotiating a project partnership agreement for the Project or separable element thereof. C. The term "period of design' shall mean the time from the effective date of this Agreement to the date that a Project Partnership Agreement for construction of the Project, or a separable element thereof, is executed between the Government and a non -Federal interest or the date that this Agreement is terminated in accordance with Article X of this Agreement, whichever is earlier. D. The term `financial obligations far design" shall mean the financial obligations of the Government, that result or would result in costs that are or would be included in total design costs. E. The term `hon -Federal proportionate share" shall mean the ratio of the Non -Federal Sponsor's total contribution of funds required by Article II.B.1. of this Agreement to financial obligations for design, as projected by the Government. F. The term "bettennent" shall mean a difference in the design of an element of the Project that results from the application of standards that the Government determines exceed those that the Government would otherwise apply to the design of that element. The term does not include any design for features not included in the Project as defined in paragraph A, of this Article. G. The term "Federal program fimds" shall mean funds provided by a Federal agency, other than the Department of the Army, plus any non -Federal contribution required as a matching share therefore. H. The term `fiscal year" shall mean one year beginning on October I and ending on September 30. ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States (hereinafter the "Congress") and using those funds and funds provided by the Non -Federal Sponsor, expeditiously shall design the Project, applying those procedures usually applied to Federal projects, in accordance with Federal laws, regulations, and policies. I. To the extent possible, the Government shall design the Project in accordance with the Project Management Plan for the Project developed and updated as required by the Government after consultation with the Non -Federal Sponsor. 2. The Government shall afford the Non -Federal Sponsor the opportunity to review and comment on the solicitations for all contracts, including relevant scopes of work, prior to the Government's issuance of such solicitations. To the extent possible, the Government shall afford the Non -Federal Sponsor the opportunity to review and comment on all proposed contract modifications, including change orders. In any instance where providing the Non -Federal Sponsor with notification of a contract modification is not possible prior to execution of the contract modification, the Government shall provide such notification in writing at the earliest date possible. To the extent possible, the Government also shall afford the Non -Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof. The Government shall consider in good faith the continents of the Non -Federal Sponsor, but the contents of solicitations, award of contracts or commencement of design using the Government's own forces, execution of contract modifications, resolution of contract claims, and performance of all work on the Project, shall be exclusively within the control of the Government. 3. At the time the U.S. Army Engineer, Louisville District (hereinafter the "District Engineer") furnishes the contractor with the Government's Written Notice of Acceptance of Completed Work for each contract awarded by the Government for the Project, the District Engineer shall furnish a copy thereof to the Non -Federal Sponsor. 4. The Government shall afford the Non -Federal Sponsor the opportunity to review and comment on all design products that are developed by contract or by Government personnel during the period of design. The Government shall consider in good faith the comments of the Non -Federal Sponsor, but the final approval of all design products, shall be exclusively within the control of the Government. B. The Non -Federal Sponsor shall contribute 25 percent of total design costs in accordance with the provisions of this paragraph. I. The Non -Federal Sponsor shall provide funds in accordance with Article N.B. of this Agreement in the amount necessary to meet the Non -Federal Sponsor's share of 25 percent of total design costs if the Government projects at any time that the collective value of the Non - Federal Sponsors' contributions under Article III and Article VII of this Agreement will be less than such share. 2. The Government, subject to the availability of funds, shall refund or reimburse to the Non -Federal Sponsor any contributions in excess of 25 percent of total design costs if the Government determines at any time that the collective value of the following contributions has exceeded 25 percent of total design costs: (a) the value of the Non -Federal Sponsor's contributions under paragraph B. I. of this Article; and (b) the value of the Non -Federal Sponsor's contributions under Article III and Article VB of this Agreement. C. Upon conclusion of the period of design, the Government shall conduct an accounting, in accordance with Article N.C. of this Agreement, and furnish the results to the Non -Federal Sponsor. D. The Non -Federal Sponsor shall not use Federal program funds to meet any of its obligations for the Project under this Agreement unless the Federal agency providing funds verifies in writing that such funds are expressly authorized to be used to carry out the Project. E. The Non -Federal Sponsor may request the Government to perform or provide, on behalf of the Non -Federal Sponsor, one or more of the services (hereinafter the "additional work") described in this paragraph. Such requests shall be in writing and shall describe the additional work requested to be performed or provided. If in its sole discretion the Government elects to perform or provide the requested additional work or any portion thereof, it shall so notify the Non -Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement, this Agreement shall control. The Non -Federal Sponsor shall be solely responsible for all costs of the additional work performed or provided by the Government under this paragraph and shall pay all such costs in accordance with Article IV.D. of this Agreement. 1. Inclusion of betterments in the design of the Project. In the event the Govemment elects to include any such betterments, the Government shall allocate the costs of designing the features of the Project that include betterments between total design costs and the costs of the additional work. 2. Preparation of a floodplain management plan, required by Section 402 of the Water Resources Development Act of 1986, as amended (33 U.S.C. 70lb-12), in connection with design of the flood risk management features or hurricane damage reduction features of the Project. F. If the Government and a non -Federal interest enter into aProject Partnership Agreement for construction of the Project, or a separable element thereof, the Government, in accordance with the provisions of this paragraph, shall include the amount of total design costs in total project costs for the Project, or separable element thereof. Further, the Government, in accordance with the provisions of this paragraph, shall afford credit toward the non -Federal interest's share of total project costs for the Project, or separable element thereof, for the Non -Federal Sponsor's contributions toward total design costs under this Agreement. I. If the Government and a non -Federal interest enter into a Project Partnership Agreement for construction of the entire Project, the Government shall include the amount of total design costs in total project costs for the Project. Further, the Government shall afford credit toward the non -Federal interest's share of total project costs for the Non -Federal Sponsor's contributions toward total design costs, including any excess amount determined in accordance with Article IV.C.2. or Article IV.133.1b. of this Agreement that was not refunded or reimbursed by the Government. 2. If the Government and a non -Federal interest enter into a Project Partnership Agreement for construction of a separable element of the Project, the Government shall determine the portion of total design costs that are allocable to such separable element and include such amount in total project costs for such separable element. Further, the Government shall determine the amount of the Non -Federal Sponsor's contributions toward total design costs, including any excess amount determined in accordance with Article IV.C.2. or Article IV.D.3.b. of this Agreement that was not refunded or reimbursed by the Government, that are allocable or attributable to such separable element and shall afford credit for such amount toward the non -Federal interest's share of total project costs of such separable element. 3. If the Government and a non -Federal interest do not enter into a Project Partnership Agreement for construction of the Project or a separable element thereof, the Government shall not be obligated to refund or reimburse the Non -Federal Sponsor, in whole or in part, for any of the Non -Federal Sponsor's contribution of total design costs. Further, refund or reimbursement by the Government for any excess amount determined in accordance with Article IV.C.2, or Article IV.D.3.1b. of this Agreement is subject to the availability of funds. 4. Notwithstanding any other provision of Article II.F. of this Agreement, any amount credited for the value of the Non -Federal Sponsor's contributions toward total design costs provided in accordance with Articles III and VII of this Agreement shall not be applied toward the 5 percent cash share required by Section 103(a)(1) (A) of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2213(a)(1)(A)), G. This Agreement shall not be constmed as obligating either party to seek funds for, or to participate in, construction or implementation of the Project or a separable element thereof or as relieving the Non -Federal Sponsor of any future obligation under the terms of any Project Partnership Agreement. ARTICLE III - DESIGN COORDINATION TEAM A. To provide for consistent and effective communication, the Non -Federal Sponsor and the Government, not later than 30 calendar days after the effective date of this Agreement, shall appoint named senior representatives to a Design Coordination Team. Thereafter, the Design Coordination Team shall meet regularly until the end of the period of design. The Government's Project Manager and a counterpart named by the Non -Federal Sponsor shall co-chair the Design Coordination Team. B. The Government's Project Manager and the Non -Federal Sponsor's counterpart shall keep the Design Coordination Team informed of the progress of design and of significant pending issues and actions, and shall seek the views of the Design Coordination Team on matters that the Design Coordination Team generally oversees. C. Until the end of the period of design, the Design Coordination Team shall generally oversee the Project, including matters related to: design; completion of all necessary environmental coordination and documentation; scheduling of reports and work products; plans and specifications; real property and relocation requirements for construction of the Project; design contract awards and modifications; design contract costs; the Government's cost projections; anticipated requirements and needed capabilities for performance of operation, maintenance, repair, rehabilitation, and replacement of the Project including issuance of permits; and other matters related to the Project. This oversight of the Project shall be consistent with a project management plan developed by the Government after consultation with the Non - Federal Sponsor. D. The Design Coordination Team may make recommendations to the District Engineer on matters related to the Project that the Design Coordination Team generally oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Design Coordination Team. The Government, having the legal authority and responsibility for design of the Project, has the discretion to accept or reject, in whole or in part, the Design Coordination Team's recommendations. E. The Non -Federal Sponsor's costs of participation in the Design Coordination Team shall be included in total design costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article VII.C, of this Agreement to determine reasonableness, allocability, and allowability of such costs. The Government's costs of participation in the Design Coordination Team shall be included in total design costs and shared in accordance with the provisions of this Agreement. ARTICLE IV - METHOD OF PAYMENT A. In accordance with the provisions of this paragraph, the Government shall maintain current records and provide to the Non -Federal Sponsor current projections of costs, financial obligations, and the contributions provided by the parties. 1. As of the effective date of this Agreement, total design costs are projected to be $600,000; the value of the Non -Federal Sponsor's contributions funds under Article III and Article VII of this Agreement is projected to be $25,000; the Non -Federal Sponsor's contribution of hinds required by Article II.B.1. of this Agreement is projected to be $125,000; the non -Federal proportionate share is projected to be 25 percent; and the Government's total financial obligations to be incurred for additional work and the Non -Federal Sponsor's contribution of funds for such costs required by Article Q.E. of this Agreement are projected to be $ 0. These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the Non -Federal Sponsor, and are not to be construed as the total financial responsibilities of the Government and the Non -Federal Sponsor. 2. By April 1, 2013 and by each quarterly anniversary thereof until the conclusion of the period of design and resolution of all relevant claims and appeals, the Government shall provide the Non -Federal Sponsor with a report setting forth all contributions provided to date and the current projections of the following: total design costs; the value of the Non -Federal Sponsor's total contribution of funds required by Article II.B.1. of this Agreement; the non -Federal proportionate share; the total contribution of funds required from the Non - Federal Sponsor for the upcoming contract and upcoming fiscal year; and the Govemment's total financial obligations to be incurred for additional work and the Non -Federal Sponsor's contribution of funds for such costs required by Article II.E, of this Agreement. B. The Non -Federal Sponsors shall provide the contribution of funds required by Article II.B.I, of this Agreement in accordance with the provisions of this paragraph. 1. Not less than 7 calendar days after the effective date of this agreement, the Government shall notify the Non -Federal Sponsor in writing of the funds the Government determines to be required from the Non -Federal Sponsor to meet: (a) the non -Federal proportionate share of financial obligations for design incurred prior to the commencement of the period of design; (b) the projected non -Federal proportionate share of financial obligations for design to be incurred for such contract; and (c) the projected non -Federal proportionate share of financial obligations for design using the Government's own forces through the first fiscal year. Not later than such scheduled date, the Non -Federal Sponsor shall provide the Government with the full amount of such required funds by delivering a check payable to "FAO USAED, Louisville" to the District Engineer, or verifying to the satisfaction of the Government that the Non -Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non -Federal Sponsor, or by presenting the Government with an irrevocable letter of credit acceptable to the Government for such required funds, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. 2. Thereafter, until the design of the Project is complete, the Government shall notify the Non -Federal Sponsor in writing of the funds the Government determines to be required from the Non -Federal Sponsor, and the Non -Federal Sponsor shall provide such funds in accordance with the provisions of this paragraph. a. The Government shall notify the Non -Federal Sponsor in writing, no later than 60 calendar days prior to the scheduled date for issuance of the solicitation for each remaining contract for design of the Project, of the funds the Government determines to be required from the Non -Federal Sponsor to meet the projected ton -Federal proportionate share of financial obligations for design to be incurred for such contract. No later than such scheduled date, the Non -Federal Sponsor shall make the full amount of such required funds available to the Government through any of the payment mechanisms specified in paragraph B.1. of this Article. b. The Government shall notify the Non -Federal Sponsor in writing, no later than 60 calendar days prior to the beginning of each fiscal year in which the Government projects that it will make financial obligations for design of the Project using the Government's own forces, of the funds the Government determines to be required from the Non - Federal Sponsor to meet the projected non -Federal proportionate share offinancial obligations for design using the Government's own forces for that fiscal year. No later than 30 calendar days prior to the beginning of that fiscal year, the Non -Federal Sponsor shall make the full amount of such required funds for that fiscal year available to the Government through any of the payment mechanisms specified in paragraph B. 1. of this Article. 3. The Government shall draw from the funds provided by the Non Federal Sponsor such suras as the Government deems necessary to cover: (a) the non -Federal proportionate share offinancial obligations for design incurred prior to the commencement of the period of design; and (b) the non -Federal proportionate share of financial obligations for design as financial obligations for design are incurred. If at any time the Government determines that additional funds will be needed from the Non -Federal Sponsor to cover the Non - Federal Sponsor's share of such financial obligations, the Government shall notify the Non - Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 60 calendar days from receipt of such notice, the Non - Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. C. Upon conclusion of the period of design and resolution of all relevant claims and appeals, the Government shall conduct a final accounting and furnish the Non - Federal Sponsor with written notice of the results of such final accounting. If outstanding relevant claims and appeals prevent a final accounting from being conducted in a timely manner, the Government shall conduct an interim accounting and furnish the Non -Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals are resolved, the Government shall amend the interim accounting to complete the final accounting and furnish the Non -Federal Sponsor with written notice of the results of such final accounting. The interim or final accounting, as applicable, shall determine total design costs. In addition, the interim or final accounting, as applicable, shall determine each party's required share thereof, and each party's total contributions thereto as of the date of such accounting. I. Should the interim or final accounting, as applicable, show that the Non -Federal Sponsor's total required share of total design costs exceeds the Non -Federal Sponsor's total contributions provided thereto, the Non -Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAQ USAED, Louisville" to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. 2. Should the interim or final accounting, as applicable, show that the total contributions provided by the Non -Federal Sponsor for total design costs exceed the Non - Federal Sponsor's total required share thereof, the Government, subject to the availability of funds, shall refund or reimburse the excess amount to the Non -Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non -Federal Sponsor is due a refund or reimbursement arid funds are not available to refund or reimburse the excess amount to the Non -Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund or reimbursement. If such appropriations are not received or, if the Non -Federal Sponsor requests that the Government not refund or reimburse the excess amount to the Non - Federal Sponsor, the Government shall apply the excess amount toward the share of total project costs for the Project that is required of the non -Federal interest executing a Project Partnership Agreement or agreements for the Project or separable element thereof in accordance with Article II.F. of this Agreement. D. The Non -Federal Sponsor shall provide the contribution of funds required by Article H.E. of this Agreement for additional work in accordance with the provisions of this paragraph. I. Not less than 60 calendar days prior to the scheduled date for the first financial obligation for additional work, the Government shall notify the Non -Federal Sponsor in writing of such scheduled date and of the full amount of funds the Government determines to be required from the Non -Federal Sponsor to cover the costs of the additional work. No later than 30 calendar days prior to the Government incurring any financial obligation for additional work, the Non -Federal Sponsor shall provide the Government with the full amount of the funds required to cover the costs of such additional work through any of the payment mechanisms specified in paragraph B.1. of this Article. 2. The Government shall draw from the funds provided by the Non - Federal Sponsor such sums as the Government deems necessary to cover the Government's financial obligations for such additional work as they are incurred. If at any time the Government determines that the Non -Federal Sponsor must provide additional funds to pay for such additional work, the Government shall notify the Non -Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 30 calendar days from receipt of such notice, the Non -Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.I. of this Article. 3. At the time the Government conducts the interim or final accounting, as applicable, the Government shall conduct an accounting of the Government's financial obligations for additional work incurred and furnish the Non -Federal Sponsor with written notice of the results of such accounting. If outstanding relevant claims and appeals prevent a final accounting of additional work from being conducted in a timely manner, the Government shall conduct an interim accounting of additional work and furnish the Non -Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals are resolved, the Government shall amend the interim accounting of additional work to complete the final accounting of additional work and furnish the Non -Federal Sponsor with written notice of the results of such final accounting. Such interim or final accounting, as applicable, shall determine the Government's total financial obligations for additional work and the Non -Federal Sponsor's contribution of funds provided thereto as of the date of such accounting. a. Should the interim or final accounting, as applicable, show that the total obligations for additional work exceed the total contribution of funds provided by the Non - Federal Sponsor for such additional work, the Non -Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, Louisville" to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government, b. Should the interim or final accounting, as applicable, show that the total contribution of funds provided by the Non -Federal Sponsor for additional work exceeds the total obligations for such additional work, the Government, subject to the availability of funds, shall refund the excess amount to the Non -Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non -Federal Sponsor is due a refund and funds are not available to refund the excess amount to the Non -Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund. If such appropriations are not received or, if the Non -Federal Sponsor requests that the Government not refund the excess amount to the Non -Federal Sponsor, the Government shall apply the excess amount toward the share of total project costs for the Project that is required of the non -Federal interest executing a Project Partnership Agreement or agreements for the Project or separable element thereof in accordance with Article II.F. of this Agreement. ARTICLE V - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VI — HOLD AND SAVE Subject to the provisions of Article XIV of this Agreement, the Non -Federal Sponsor shall hold and save the Government free from all damages arising from design of the Project and design of any additional work pursuant to Article II.E. of this Agreement, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE VII - MAINTENANCE OF RECORDS AND AUDIT A. Not later than 60 calendar days after the effective date of this Agreement, the Government and the Non -Federal Sponsor shall develop procedures for keeping books, records, documents, or other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedures shall incorporate, and apply as appropriate, the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants mid Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The Government and the Non -Federal Sponsor shall maintain such books, records, documents, or other evidence in accordance with these procedures and for a minimum of three years after completion of the accounting for which such books, records, documents, or other evidence were required. To the extent permitted under applicable Federal laws and regulations, the Goverment and the Non - Federal Sponsor shall each allow the other to inspect such books, records, documents, or other evidence. B. In accordance with 32 C.F.R. Section 33.26, the Non -Federal Sponsor is responsible for complying with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507), as implemented by Office of Management and Budget (OMB) Circular No. A-133 and Department of Defense Directive 7600.10. Upon request of the Non -Federal Sponsor and to the extent permitted under applicable Federal laws and regulations, the Government shall provide to the Non -Federal Sponsor and independent auditors any information necessary to enable an audit of the Non -Federal Sponsor's activities under this Agreement. The costs of any non -Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated to the Project shall be included in total design costs and shared in accordance with the provisions of this Agreement. C. In accordance with 31 U.S.C. 7503, the Govenunent may conduct audits in addition to any audit that the Non -Federal Sponsor is required to conduct under the Single Audit Act Amendments of 1996. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits performed in accordance with this paragraph shall be included in total design costs and shared in accordance with the provisions of this Agreement. ARTICLE VIII - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Non - Federal Sponsor and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto and Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army". ARTICLE IX - RELATIONSHIP OF PARTIES A. In the exercise of their respective rights and obligations under this Agreement, the Government and the Non -Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. B. In the exercise of its rights and obligations under this Agreement, neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights the other party may have to seek relief or redress against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. ARTICLE X - TERMINATION OR SUSPENSION A. If at any time the Non -Federal Sponsor fails to fulfill its obligations under this Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this Agreement or suspend future performance under this Agreement unless the Assistant Secretary of the Amey (Civil Works) determines that continuation of design of the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non -Federal interests in connection with the Project. B. In the event the Government projects that the amount of Federal funds the Government will make available to the Project through the then -current fiscal year, or the amount of Federal funds the Government will make available for the Project through the upcoming fiscal year, is not sufficient to meet the Federal share of total design costs that the Government projects to be incurred through the then -current or upcoming fiscal year, as applicable, the Government shall notify the Non -Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project, future performance under this Agreement shall be suspended. Such suspension shall remain in effect until such time that the Government notifies the Non - Federal Sponsor in writing that sufficient Federal funds are available to meet the Federal share of total design costs the Government projects to be incurred through the then -current or upcoming fiscal year, or the Government or the Non -Federal Sponsor elects to terminate this Agreement. C. In the event the Government determines that modifications to the Project are required and that additional authorization by Congress will be required before the Government may construct such modifications, the Government shall notify the Non -Federal Sponsor in writing of such determinations and shall terminate this Agreement. D. In the event that this Agreement is terminated pursuant to this Article, both parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article IV.C. of this Agreement. To provide for this eventuality, the Government may reserve a percentage of total Federal funds made available for the Project and an equal percentage of the total funds contributed by the Non -Federal Sponsor in accordance with Article II.B.L of this Agreement as a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. E. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article shall not relieve the partiesof liability for any obligation previously incurred. Any delinquent payment owed by the Non -Federal Sponsor shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE XI - NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first-class, registered, or certified mail, as follows: If to the Non -Federal Sponsor Mayor City of Paducah City Hall - 300 South 5th Street Paducah, KY 42003 AND (send to both Mayor and City Engineer) City Engineer - Public Works Director City of Paducah City Hall - 300 South 5th Street Paducah, KY 42003 If to the Government: District Engineer U.S. Army Engineer District, Louisville P.O. Box 59 Louisville, Kentucky 40201-0059 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the mamter provided in this Article. C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XII - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XIII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not party to this Agreement. ARTICLE XIV - OBLIGATIONS OF FUTURE APPROPRIATIONS A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the Legislature of the Commonwealth of Kentucky, where creating such an obligation would be inconsistent with of the of B. The Non -Federal Sponsor intends to fulfill its obligations under this Agreement. The Non -Federal Sponsor shall include in its budget request or otherwise propose appropriations of funds in amounts sufficient to fulfill these obligations for that year and shall use all reasonable and lawful means to secure those appropriations. The Non -Federal Sponsor reasonably believes that funds in amounts sufficient to fulfill these obligations lawfully can and will be appropriated attd made available for this purpose. In the event funds are not appropriated in amounts sufficient to fulfill these obligations, the Non -Federal Sponsor shall use its best efforts to satisfy any requirements for payments or contributions of funds under this Agreement from any other source of funds legally available for this purpose. Further, if the Non -Federal Sponsor is unable to fulfill these obligations, the Govemment may exercise any legal rights it has to protect the Government's interests related to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer. DEPARTMENT OF THE ARMY G37 Luke T. Leonard Colonel, Corps of Engineers Commander and District Engineer DATE: CITY OF PADUCAH, KENTUCKY BY: Gayle Kaler Mayor City of Paducah DATE: CERTIFICATE OF AUTHORITY I, W. David Denton, Attorney -At -Law, do hereby certify that I am the principal legal officer of the City of Paducah, Kentucky that the City of Paducah, Kentucky is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Paducah, Kentucky in connection with design of the Ohio River Shoreline, Paducah, Kentucky (Paducah, Kentucky LFPP) Project, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement and that the persons who have executed this Agreement on behalf of the City of Paducah, Kentucky have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 2013. W. David Denton City Attorney City of Paducah, Kentucky CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Gayle Kaler, Mayor City of Paducah, Kentucky DATE: Agenda Action Form Paducah City Commission Meeting Date: 2/19/13 Short Title: Paducah Renaissance Alliance Advisory Board Amend Ordinance No. 2012-1-7897 ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Lisa Thompson Presentation By: Lisa Thompson Background Information: The Paducah Renaissance Alliance, national Main StreetTM program, serves to stimulate the economic vitality of the historic downtown and Lower Town Arts District, while protecting the historic integrity of our community. A Main StreetTM program relies on a strong volunteer base to form the Board and Committees that implement the broad Four Point Approach strategy. Many one-time volunteers are also needed for special events. Therefore, a larger Board will expand the interest base and support group necessary to affect change in the program work plan at all levels. Goal: ®Strong Economy ❑ Quality Services® Vital Neighborhoods ® Restored Downtowns Funds Available: Account Name: NA Account Number: NA Finance Staff Recommendation: Amend current ordinance increasing members of the Paducah Renaissance Advisory Board to fifteen (15). Attachments: AN ORDINANCE AMENDING THE NUMBER OF MEMBERS APPOINTED TO THE PADUCAH RENAISSANCE ALLIANCE ADVISORY t1�1 WHEREAS, the City Commission hereby finds that it would be beneficial to the City of Paducah to increase the number of advisory board members. In addition to its advisory board duties, the Board also takes a hands on role in stimulating the economic vitality of the historic downtown and Lower Town arts district, while protecting the historic integrity of our community. 2-572. COMPOSITION; APPOINTMENT OF MEMBERS. The Advisory Board shall consist of rye (9) fifteen (15) members who shall be appointed by the Mayor with the approval of a majority of the members of the Board of Commissioners. 2-573. TERMS OF MEMBERS; APPOINTMENTS; VACANCIES; AND COMPENSATION. The Mayor, and with the consent of a majority of the city Commission, shall appoint up to nine (9) fifteen (15) members of the Advisory Board. Each term, except for initial appointments, shall be for four years each, and/or until their successors are appointed and qualified. No member may serve more than two full terms. Vacancies shall be filled in the same manner as in the original appointments and for the unexpired term of the vacancy. Board members shall serve without compensation and may not incur any indebtedness to be paid by the City.