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HomeMy WebLinkAboutCCMPacket2014-02-04CITY COivIMISSION MEETING AGENDA FOR FEBRUARY 4, 2014 5:30 P. -NI. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE —Caroline Meiners, PTHS Freshman ADDITIONS/DELETIONS I. N INUTES II. ORDINANCES — ADOPTION A. Accept Donation of Independence Park to the City — N1 1. THONIPSON B. Amend Ordinance For Park Properties to Include Independence Park — N1. THONIPSON III. ORDINANCES — INTRODUCTION A. Contract for Exclusive Beverage Service in Paducah Parks Facilities — M. THOTNIPSON B. Purchase Hand-held Radios for Police Department —POLICE CHIEF BAWNHILL VI. CITY MANAGER REPORT V. 'NIAYOR & COy1NIISSTONER COMNfENTS VI. PUBLIC CONITNIENTS VII. EXECUTIVE SESSION JANUARY 23. ?ell -I At a Regular Meeting of the Board of Commissioners, held on Tuesday, January 28. 2014 at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South Sill Street, Mayor Kaler presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Gault, Rhodes, Nilson and Mayor Killer (i). INVOCATION Pastor Lynn Shurly, of the First Presbyterian Church. cave the invocation. PLEDGE OF ALLEGIANCE Palmer Stroup. Paducah Tilghman High School Sophomore, led the pledge. PRESENTATIONS MAYOR'S AWARD OF MERIT Mayor Kaler presented an Award of Merit to Robert Blanchester for his years of serving on the Paducah Plannine Commission and the Paducah area Transit Board. Mr. Manchester was appointed to the PadLICah Area Transit Authority Board for the first time in 1980. He served two terms on this board. Mr. Manchester w•as then appointed to the Paducah Planning Commission on September 22. 1987 by Mayor Viterisi. hie aas elected chairman on January 16, 1989. Mr. Manchester heard approximately 1,479 cases before the Planning Commission during his tenure as chairman. Mr. Manchester has faithfully kept his training up to date its a Planning Commissioner anti has guided the Planning Commission through some difficult applications. His leadership on the Planning Commission has been exemplary. CHRISTMAS IN THE PARK Andrea Underwood. Paducah Power System's Director of Community Relations 3 Marketing, gave an update on the Christmas in the Park event. This is the l 7't' year for the event. ,Approximately 50.000 lbs. of canned goods were collected alone with S37.500 in cash. Donations are given to Paducah Cooperative iMinistry, Family Services Society and Salvation Army. Paducah Power has already begun planning for nest year's event. Mayor Killer thanked former Paducah Power employee Erich Vierk-ut for his hard work and dedication for assembling the displays every year. She has asked h4r. Vierkam to be the Grand Marshal for the City's Christmas parade in 2014. RECOGNITION PADUCAH TILGHMAN BALD OF BLUE The Mayor recognized the band for being chosen to play al the Gator Bo%%I in Jacksonville, Florida. While there they won numerous trophies including tete Grand National Championship title. The Mayor also presented a Duke of?aducah to Paducah Tilghman Bared of Blue Director Patrick Saddler for his leadership. MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes for the January 14. 2014. City Commission Inectine be wai\ed and that the Minutes of Said meeting prepared by the City Clerk be approved as written. Adopted on call of the roll. yeas. Commissioner -s Abraham, Gault, RhadeS. V ikon and Mayor Kaler (i). APPOINTMENTS PADUCAH-'L%icCRACKEN COUNTY CONVENTiON CENTER CORPORA,r10\ Mayor Kaler made the following appointments: "WHEREAS. subject to the approval of the Board of Commissioners, and jointly with the McCracken County Judge/Execati\e. I hereby appoint the follow in,-: Drew Hulette to replace Susan Ybarzabal Lennis Thompsun to replace Jim Sigler Alexandra Sherwood to replace Hal Sullivan as members of the Paducah -McCracken County Convention CenterCorponuiorr. "fhc,e terms will expire January 1. 2015." Commissioner Gault offered motion, seconded by Commissioner Abraham. that the Board of Commissioners approve the action of Mayor Kaler and jointl.v with the JA.NLARY 2S. 2014 McCracken County Judge/Execu[i\,e in appointing Drew Hulette, Lennis Thompson and Alexandra Sherwood as members of the Paducah -McCracken County Con\,ention Center Corporation, Adopted on call of the roll. yeas. Commissioners Abraham. Gault, Rhodes. Wilson and Mayor Ka)er (5). ELECTRIC PLANT BOARD Mayor Kaler made the following appointment: •'W'HEREAS, [a -lone that the Board of Commissioners appoint Roger Truitt to replace Randy War•math. whose term has expired. as a member of the Electric Platt Board. This term will expire February 6, 3013." Commissioner Rhodes offered motion. seconded by Commissioner Nilson, that the Board of Commissioners approve the action of ivlayor Kaler in appointing Roger Truitt as a member of the Electric Plant Board. :adopted on call of the roll, yeas. Commissioners Abraham, Gaul;, Rhodes. Wilson and Mayor Kaler (j). MOTIONS R & F DOCUNTENTS Commissioner Wilson offered motion, seconded by Commissioner Rhodes. that [he following documents be received and tiled: DOCUMENTS 1. Insurance Certificates: a. Danny Cope & Sons Excavating. LLC b. Lonnie Wiavins Concrete c. Lei_*h & ,associates d. D & D Construction of Paducah e. Jim Smith Contracting Company, LLC 2. Continuation Certificate of Fidelity or Surety Bonds/Policies for Jim Smith Contracting Company. LLC 3. Notice of Cancellation for the Board of Commissioners of the Cite of Paducah. Kentucky for January 21. 2014 4. Commissioner's Deed for 1006 South 11`h Street Deeds: a. 902 S. 3Lh Street — Siener Properties, LLC (MO # 17=13) b. 1216 Salem Avenue — George Lee Payne (MO # 173) 5. Contracts & Agreements: a. Police Department Agreement for Uniform Services with Bluegrass Uniforms (ORD # 3013-12-7997) b. One -Year Renewal agreement with. Danny Cope uid Sons Excavating. LLC for 2012-2013 Equipment Rental (ORD it 2013-03-7910) v 6. KLCIS 2012-2013 Safety Grant award Notice (ORD !# 2413.03-4016) 7. Paducah -Area Community Reuse Organization Financial Statements and Independent Auditor's Report for the Year Ended June 30, 2013 S. City of Paducah. Kentucky Comprehensive Annual Financial Report for the Year Ended June 30, 3013 9. Paducah Water Works Financial Highlights for period ending November 30. 3013 .Adopted on call of the roll. yeas. Commissioners Abraham. Gaup. Rhodes, Wilson and Mayor Kaler (5). MUNICIPAL ORDER PERSONNEL CRA\GES Commissioner Abraham offered motion, seconded by Commissioner Gault. that upon the recommendation of the City Manager, the Board of Commissioners of the Ciq of Paducah order that the personnel changes on the attached list be approved. MUNICIPAL ORDER BOOK) Adopted on call of the roti, yeas. Commissioners ,Abraham. Gault. Rhode>. W ikon and Mayor Kaler (5). JANUAR1' 33. 2014 APPROVE APPLICATION FOR "HEADS CP DON'T BE IV'TEXT'ICATED" GRANT PROGRAM Commissioner Gault offered motion, seconded by Commissioner Abraham, that a Municipal Order entitled. "A MUNICIPAL ORDER AUTHORI'ZIN'G THE MAYOR TO EXECUTE AN APPLICATION AND ALL DOCUNIENTS NECESSARY FOR A REIXIBURSE'IENT GRANT IN THE AMOUNT OF $21,000.CO THROUGH THE KENTUCKY OFFICE OF HIGHWAY SAFETY FOR PRESENTATION OF THE '-HEADS UP DON'T BE IN'TEXT'ICATED" PROGRA)v1 BY THE PADUCAH POLICE DEPARTNIEN'T". be adopted. :adopted on call of the roll. yeas. Commissioners Abraham, Gault, Rhodes, Wilson and .Mayor Kaler (S). NIO# 1754: BK 9 ORDINANCES — INTRODUCTION ACCEPT DONATION OF INDEPENDENCE PARK TO THE CITY Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING A DONATION OF A PARCEL OF REAL PROPERTY KNOWN AS INDEPENDENCE PARK LOCATED AT 114 FOREST CIRCLE, PADUCAH. McCRACKEN COUNTY. KENTUCKY AND AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AVD ALL DOCUMENTS RELATING TO SAME". This ordinance is sutrunarized as follows: The City of Paducah hereby accepts a donation of a parcel of real property known as Independence Park located at 1 14 Forest Circle. Paducah, McCracken County, Kentucky from independence Bancshares, ire- This property is valued at 5225,000. Further, the Mayor is hereby authorized to execute a Deed of Conveyance and all documents relating to same to transfer the real property to the City of Paducah. V AMEND ORDINANCE FOR PARK PROPERTIES TO INCLUDE INDEPENDENCE PARK Commissioner Wilson offered motion. seconded by Commissioner Rhodes, that the Board of Commissioners introduce an ordinance entitled, "AN 0,4ZDINANCE A.NIENDING CHAPTER 70, PARKS AND RECREATION, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as Follows: That Section 70-32. Public Parks. Playgrounds, and Recreational Areas Available to the Public is amended to include Independence Park located at 114 Forest Circle, This ordinance also renames Henry Clay Park as Albert !ones Park and renames the Greemvay Trail to the Clyde F. Boyles Greenway Trail. CITY MANAGER REPORT Mr. Pederson requested an executic e session to discuss collective barsuinin; and real estate acquisition. MAYOR & COi•DIISSIONER COMMENTS None were eiven. PUBLIC COMMENTS None were given. EXECUTIVE SESSION Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board eo into closed session for discussion of matters pertaining w the following topics: Future sale or acquisition of a specific parcel(s) of real etitate. as permitted b% KRS 61.8100)(b). Collective bargaining with public employees. as permitted by KRS 61.810(I)(e). ,Adopted on call of the roil, yeas. Commissioners :Abraham, Gntlt. Rhode:. Wilson and vIa}or Kaler (5). Upon motion the meeting adjourned. .ADOPTED: February 4, 3014 City Clerk flavor Agenda Action Form Paducah Citi- Commission VeetinQ Date: January 28, 2014 S hort TitI e: Donation of Independence Park to the City by Independence Bank 7Ordinance ❑ Emergency ❑'Municipal Order C Resolt1110!_1 ❑ `lotion Staff Work By: Mark Thompson Presentation By: Mark Thompson Background Information: Independence Bank desires to donate real property• valued at 5225.000 to the City of Paducah. The property to be donated is located at 1 14 Forest Circle. Independenu Bank has had several meetiil" with the public to receive input to the design and configuration of the proposed park. The bank has improved the site to include a shelter.play area irrigation, fencing aid additional trees. Goal: ❑Strong Economy Z Quality Services® Vital \eic7hbcr oods❑ Restored Downtowns Fonds Available: Account'Name: N. A ACCount Number: \ A Finatice Staff Recommendation. Approval Attacluments: Deed of Conveyance 1 !HT Department Head City Clerk City >1'Iaila er Agenda Action Form Paducah City Commission Meeting Date: January 28, 2014 Short Title: Amend City Code Sec. 70-32 to Include Independence Park ®Ordinance ❑ Emergency ❑ iViunicipal Order ❑ Resolution ❑ Motion Staff `York By: ;Mark Thompson Presentation By: Mark Thompson Background Information: Independence Bank is donating real property valued at S225,000 co the City of Paducah. The property to be donated is located at 114 Forest Circle. The bank has improved the site to include a shelter, play area, irrigation, fencing and additional trees. This anteednient to the City Code of Ordnances will identify Independence Park as a City park and subject to all rules established by the City and the Parks Services Director. Additionally, this will provide a housekeeping measure by adjusting the name of Henry Clay Park to Albert Jones Park and the Greenway Trail to Clyde F. Boyles Greenway Trail. Goal: [:]Strong Economy ® Quality Services® Vital Neigl•borhoeds❑ Restored Downtowns Funds Available: Account Mame: N/A Account Number: N/A Finance Staff Recommendation: Approval Attachments: Existina Code of Ordinances 70-32 MI/T Department Head City ClerkA,.2ty)N�Iai�iager Agenda Action Form Paducah City Commission Meeting Date: February 4, 2014 Short Title: Contract Cor Exclusive Beverage Service in Paducah Parks Facilities ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Mark Thompson Presentation By: Mark Thompson Background Information: For the past several years local soft drink representatives have communicated to staff that they would prefer to work with the Parks Services on an exclusive contract. Both local vendors have expressed this rather than a program by program request. Requests for proposal were publicly advertised beginning in November and opened in December. At that time it was determined that Pepsi 1fidAmerica had provided the best proposal. Since then a contract has been dra%tin up for the approval of the Commission. (This has no bearing on events such as Barbeque on the River or Dragoaboat Races and does not include Brooks Stadium. It does include Noble Park Youth Softball/Baseball) v The synopsis of the seven-year, 553.66.26 proposal for exclusive beverage vending rights for City parks programs and parks facilities only includes: y Pepsi will: • Par to the City a one-time payment of 532.566.26 for scoreboard and signage upgrade and installation at athletic facilities. • Pay to the City 53,000.00 annually for program sponsorship. • Install dispensing equipment for all park facilities as needed for the life of the contract. • Provide banners for various Parks Services Programs. • Provide concession trailers for certain events. Parks Services will: • Allow only Pepsi&fidAmerica product machines in Park Services facilities. • Purchase only products through PepsiivfidAmerica for the length of this contract. Goal: [:]Strong Economy ® Quality Services❑ Vital Neighborhoods[] Restored Downtown, Funds Available: Account Name: N/A Account Number: N/A Finance Staff Recommendation: Approval Attachments: Pepsi LNliclAmerica Proposal. Coca-Cola Proposal & Contract with Pepsi MidAmerica MHT Fit Department Head City Clerk City __er AGREEMENT THIS AGREEMENT made and entered into this day of and bevxcen PEPSf Ml1DAMIERICA CO.. a Missouri Corporation; hereinafter callsd PADUCAH PARKS SERVICES (and any additional property owned and or acquired by during the length of thts agreenhent):herem collectively referred to as Second Par!y. \%IT\ESSFTH: . 2014, by First Part\•, and the Park; Scrht.es WHEREAS, the parties hat\ c agreed that ilnc First Party shall be tike esCILISI 'ebewrioe and stuck prouder for Second Part\- and will pro,�iJe a one-tinle nlonetar� contribution ofThirt%-Tuo Thousand. Five Hundred and Fifa•-Eidit Dollars and TweriL\ -Six Cents (5+2.553.26) in year one (I) of this Seven (') rear agreement (with two 12 t -- lour (4) year renc%val options). in addition to an auuulal contribution of Three Thousand Dollars i5 ".001)) fur sponsorship. \O\\' THEREFORE, til consideration of the mutual promises and agreements herein contained, the parties a,cree as follows: Fust Party agrees to provide a one-time, Iplrom monetary conu-ibuuor: of Thim-Two Thousand. Five Hundred anJ Fi ty-Eivht Dollars and Twenty -Six Cents (532.55S.26) to sir. Second Party for the purchase of Scoreboards and Field Si -ins. {Quotes and Example fita2es :xomicd m the First Parh's Proposal.) First Party iiI•ther agrees to pro%ode an annual monetary comributton of Tlu-ec Thousand Dollars (Sd.01)0) to Second Party for sponsorship support. for each of the seven (7) years of this Agreement I-hii shall not exceed Twenty -One Thousand Dollars (521.000) in total. Total inowmary contributions to Second Pana• ate not Io exceed WIN -Three Thousand. Ft�c Hundred and Fifty -Eight Dollars and Twent%-Sig Cents (»3,553.26) over the life of this irven (-) year Asreemellt. y Please see Page 4 of this Agreement for additional Sponsorship nhfornmuon. Second Party agrees to purchase, display and dispense only be%eraees pio%idcd dncetl% by First Part}. throu•zhuut the Srcond Party's Property and an% additional property the Second Part\• acquires during the lzn_;h of this Agreemem. Beverages shall mean all carbonated anti non carbonated nota-alcolloli: beverages that include, but are not liithited to, carbonated soft drinks, mixers. tatiored and unlla%orcd packaged waters. fruitjulces, IYtnljulc. containing 11avorcd drinks, fruit putiches and ales, isotonic energy and IlutJ replacement drinks (sumeumes referred to as "sports .'rinds"). tea driufis. and all drink or be%erage bases. whether in the form ofsyrups. po�sdcrs, crystals, concentrates or othemis.. from %%hicli such Jrinks and be�erasses are made. Produt:IS shall mean all irmis of the First Part\ to include. but are not limited to cups and CO2. Tile First Party will Install and maintain ownership of all other dispensing equipment placed throughout the Second Party's property, in all locations and events where refresltnieitti at-,- available Second Party also.\pressl\ agrees to the followur�­: a. Reyhire all concessionaires to use First Party P.E-T- 20oz packageand or fountain products. Second Part• will purchase all productS direct Irom First Parte. Pnctna will be Set at S22.50 case on 20oz CSDs. S20 40. case on 20oz Gatorade prodscis and Local Courtesy Price for igal Syrup Post -Mix in year one of this Agreenhent. All oilier productS to be purchaser) it «holesale price 1,: els. All products subject to an annual tit e percznt 15),) prier increase. b All vendors will be lull service to include a mix of 20 oz- carJOthated soft clinks (CSDi. 20 oz isotonic and bottled a ater. read'-to-drinkjuicei. "sports drink;", la dank;, frim punehcs and ales. Minimum %end price in Neat' orae \t ill be S 1.50 oil 20oz CSDs and SU5 on 12oz CSDs. Both Parties «ill mutually agree upon all vendor_, machine locations and agr.. to standard pricing leek as set by First Party Except as nla} otherwise be required b% la,.\ or legal process, realier path hereto Shall disclose to ant• third party the terms and conditions of this Agreement. J. First Part% to retain first right of rctiisal on all inack and ooffe,- ending if a%arlable during the hfetuuc of this Agreement No commissions to be paid on snack or zof lee %mchny, In the as cut of deshult of this Agreement. the non -breaching party shall ci`e the other part\ %%raen noldicatton of such default. Tile Para in Ja1-31111 %k Ill hale 60 dais att,rrcc.ipt of sand wriun notice to remcd\ the det-atilt. If tate default IS not renh.died and it is determined that no reisonabie effort to remedy the default has been made, the non -breaching party has the option to tennutate this Agreement upon the expiration of such remedy period. The rights of termination referred to in this .agreement are not Intended to be exclusive and are in addition to any other rights available to either party in law- or in equity. if, because of dols. u -at', public emergency. tire, earthquake, AM of God, government restrictions. labor disturbances or strikes, business Interruptions or any other prevention of the perfonuance of this Agreement beyond the reasonable control of the parties hereto. performance under this Agreement shall be suspended until such time as the reason for delay has ended. Further .actions. Subject to the ternns and conditions of this Agreement, each of the parties a ill use their best efforts to take or cause to be taken all action, and to do or cause to be done. all things necessary. proper or ax isable to consummate the transactions contemplated by this ,a;reement and to execute such further documentation as may be required. Dispute Resolution. Any dispute or disagreement bem-een the parties arising out of or relating to this agreement shall be settled by final and binding arbitration. in Paducah, ICY :Hider the riles then obtaining of the American .arbitration Association. The parties hereto expressly stipulate that the arbitratorls) shall have full subpoena power and full powers to Cashion appropriate remedies. including a ithout limitation the power to grant equitable and -or injuncti%e and or declaratory relief. Judgment upon the award ma% be entered in tmn court having Jurisdiction. The prevailing part) shall be ertided to an a%%aril for all costs. expenses, and reasonable attorney's tees incurred in an) arbitration, litisaiioil, or other dispute arcing out of or relating to this Agreemem. Venue and Trial by Jury. bi the e%ent. tar any reason, the arbitration pro%isioni of this Agreement shall not apply or court proceeding are necessary to enforce arbitration, then use parties hereby agree that jurisdiction and venue for all litigation relating in any a ay to this agreement shall be proper only to the Circuit Court of McCracken County. Kentucky and to ilne tuhiest exiem emitted by law, the parties waive any objections or defenses they may have to the exercise of jurisdiction 9y, or to the venue being proper in. the i'oregoing courts: the parties further uaiye any right to trial byjuryon any claim, counterclaim setoff. demand. action or cause of action arising out of or in an)' W3V pertallntng 10 this agreement, or [lie transactions contemplated by this agreement, whether now existing or hereafter arising, and whether sounJiu� in contract, tort or others ise: the parties agree that any ol'thetn may file a copy or this paragraph a ith any court as %%rmen et idence of the know Ing, voluntary and bargained -tor agreement between them in-evocably to waive trial by jury, and that any dispute orcontrovers) whatsoever between or among theta, and not subject to arbitration, shall instead bk tried in a court or competent jurisdiction by a judge sitting «ithout ajur�. �. Governing Law. This agreement shall be governed by and coustruedaccordin to taus ofihe State of Kentuckv. y Waiver and CunmtlmiN e Remedies. Neither party shall be deemed to ha%c waived any of tis rtghs hereunder unless such a aiyer is in writing and signed by a duly authorized officer. No failure to exercise and no delay or omission in exeresulg any right on the part of either party shall operate as a u aiyer of such right. nor shall any single or partial exercise of any riglit hereunder preclude am other or further exercise thereof. A u an er on any one occasion shall not be co istrtied its it bait to or wader of any right on any other occasion. -kll rights and remedies of either party shall be cumulative and may be exercised separately or concurrently. V 10. SeN erability. If any provision of ills Agreement or of any of the doe i:in?i:ts or instruments delitered pursuant hereto. or any portion of any pro%ision hereofor thereof. sktall be dented tit%alid or unenforceable pursuant to a final determination orally arbitration- court ofcontpetentjurisdiction or as a result of future legislati\ c action, such determination or action shall beconsi ued so as not to affect the alidity or enforceability hereofor thereof and shall not affect the %alriity or effect ol"any other portion hereofor thereof. 1 I SuI-%iyal of Representations and Warranties and Obligations. All rehresenia ions. warranties. and obligations contained in this Agreement, unless waived in writing, shall suryi\e the coniummation of any and all transactions contemplated herein. No invesugation, audit or other examination that dray ha%e been made or may be made at any ante by or on behalf of the parties shall limit. diminish, or impair or in an) way affect the representations and aarramies set forth in this Atreemeni. 12. Notices. All notices and other comnntnications hereunder shall be in 4-ritln2 and shall be deemed to hal e been given a hen delivered by hand. taxed, email or mailed by rgiitered or certified mail (return receipt requested), postage prepaiJ, or for overnight delis erv, by a nationally recognized o\.nught mall ser\ ice to the patties at the following addresses for at such other address fora party as shall be specified b% Ink;, notice): V If to First Part_ : PEPSf AUDANIERICA. CO Attn: Harty L. Crisp II Chainiian and CEO P.O. Box 10"0 Marion. Illinois 62959 Fax: (613)993-3260 Entail: ecla�ton:ctpepsinlidanlerica.coill Customer Service 300-527-7021) If to Second Party: PADUCAH PARKS SERVICES Atm: \Tari; H. Thompson Director 1400 H.C. Mathis Drt\e Paducah, KY 42001 Phone: (270) 5444-5696 Fax: (270) 444-8627 1111110111 son is T3 aducaIIkv.ao\ 13 Captions. The :apnons ol'this .-\greement have been inserted only for the purpose of colivemence of references. The captions are not a part of this agreement and shall not be deemed in any planner to modify, explain, enlarge or restrict any provision of this .agreement. 1-4 .-assignment; Successors and assigns. \either party shall ha\e the right to assign or transfer ani 01 -its rights and obligations under this .agreement \\ ithoul the prior \\rittell consent of the other party, Which consent shall not be unreasonably \\ ithlleld. The terms of this Aueemet;t shall bind the parties and Choir permitted successors and assigns. I Execution by Facsimile. The parties may execute this agreement by facsimile iransiiiiued signature and execution ofthis document may be proven by either party by compilation of original, photo static or facsimile signatures of the parties and the document. 16 Drafting. Each ofthe parties has participated In die dratitno of [fits agreement and therefore the language of this agreement shall not be prestimpti\ ely construed in fa%or ol'either party. I - Successors and assigns Included in Parties. «fiene\ er hercin one of Ole parties hereto is named of referred to, the hell's, trustees, e\ecutors, administrators, successors alld permitted assiims of such part\ Shill be Included and all coyeIlams and a�reenl-nts contained hercin by or oil behalf of ant" party shall bled and lnUrC to (110 belle111 of their respCctiye heirs, tvuitees. e\0ciltors_ a.;milllStratOrS, Sl1CCessors and permitted assigns. \\ IiLther so expressed ol- Ilot. I Fntire Agreement. This agreement Shall constitute tilt entire agreement of ilie parties concemin, the S111)jeCt Mattel' 1101-001'311d 110 other i-epl"eSentatlolls, agrCeillelllS Or midersiandings betweeIl the parlles shall be of ally lorce or effect. This .agreement cannot be altered or Irlodlticcl e\cel)t in \\1-111112 signed by all the parties. In tho e\em that htloation arises as the result of any previous be\ erage supply agreements bet\\ eels the Second Party and any previous beverage supplier bottler, Second Part} agrcos to defend, and bold harmless. First Panv throughout the course of litigation anti or alternatsvc dispute resolution procCCdlIlgs. Second Party represents tend \varranls to the First Party that the execution, dellkery and performance of this �v�recment by the Second Party %% III not \ lolate any agreements \\ ith, or rights o;; third parties. IN WIT\ESS WHEREOF. the parties hereto have �\ccuted this A,men;cut as of the day and \ear tlist aboy, written, PEPSI IIIDAMERICA CO. Marion, Illinois Chairman PADUCAH PARKS SERVICFS Paducah, Kentucky Director Paducah Parks Services/ Pepsi MidAmerica Sponsorship Wormation Soonsofship Cash Sponsorship Product7ype& ivent a Us Datjes � L L_ J Approx. Served Sponsorship Signage & Matelrial Amount Value 4 lillv,c :o I,ornote �`e --vert, % m/Th �rs Sg 'a;n —I i, �o --jr 'xcissiv f -.f vcv;es r, nrlw :0 - s -a hr to r, ces thi PUK I C- - 3 ' 5 ir�rs . 5r )-rxt- :m vt�: ur.2 - Doner E,.!.-: --a ;ers P..c--J and ;-.k�d jo -'or C)m � S; es "o "'id Parks -nri. Y%:1, 3fJ Saud -y ir, Jji-..- C, SKI) 33 ?;rrvs 13 ).,-%:e 3rc./4t 7%uh-v 3rd S�:-..rd;-i S .0 �r=e C -ober �,--w rr, be, I th I - 0 C. S 3 'A. 0 cna t on of 14 -ases of �3: x ia! n� -r3 er -imd A �k(ed ,p '-U r s:,Tii Pir3c, S 0 -rJ 01 OSeS 'f —0. It S"'- .'C :,�e Chr ;tmas ;,race for Fre� 'c.t n Dece,,rbir at e C istj0d Savday 7; SHO On, 4 1 to )r. -rote :-.e A �,-ce.,roar saacoral a,,: . E'd 141 -civ I;nrer; sv;fiise 3v- 5 -gins !See "hole!) N' i-,-ko3r�s 3,d 61,� r' -J 'h -W S.3,rs. �1� 1) 4:-.Iet Sc 63 — Soo oreooarc� �S��j t;�'L .51 e 6!3jA" :,or Pi.,zre-t fl 111jime himent %tai: I Scalreboards, Field-Sigm & ShIving! S 3,00,01) MOG Annul Total: lAnnual Oongionj (Not Choc-:ate &Cdps: 13arnefs Ckiempape( A& 7yr. Agraernent Total: $7,6001 Grand Total: ORDINANCE NO. 2014 -2 - AN ORDINANCE OF THE CITY OF PADUCAH. KENTUCKY. APPROVING AN AGREEMENT WITH PEPSI NIIDAMERICA CO.. FOR EXCLUSIVE BEVERAGE SERVICE IN PADUCAH PARKS FACILITIES AND AUTHORIZING THE ivIAYOR TO EXECUTE SAID AGREEMENT NOW THEREFORE. BE IT ORDAINED BY THE CITY COi,[%IISSION OF THE CITY OF PADUCAH. KENTUCKY. AS FOLLOWS: SECTION I. Recitals and Authorization. The City hereby approves the Agreement with Pepsi .lid -America Co.. 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 interest of the City to enter into the Agreement for the purposes therein specified, and the eaeCUtiOn and delivery of the agreement is hereby authorized and approved. The ;Mayor of the City is hereby authorized to execute said Agreement. SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall riot affect any of the remaining prokisions of this Ordinance. SECTION 3. Compliance With Open Meetings I.avxs. The City Commission hereby finds and determines that all tormal 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. �%hich resulted in formal action. were in meetings open todte public, in full compliance with applicable legal requirements. SECTION -l. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict �.k ith the provisions of this Ordinimce are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prey ail and be given effect. SECT [ON 5. Effective Date. This Ordinance shall be read on Lv�o separate days and will become effectil,e upon summary publication pursuant to KRS Chapter,24. k Lim ATTES'f: Tanumara S. Sanderson. City Clerk Introduced by the Board of Commissioners, February 4. 2014 Adopted by the Board of Commissioners, February 18. 2014 Recorded by Tammara S. Sanderson. City Clerk. February 18. 2014 Published by The Poducah Sun. \Ord\parks\agree-pepsi Agenda Action Form Paducah City Commission 'VleetirnE, Date: Feb. 4, 2014 Short Title: Approve Purchase of Motorola Radios ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolation ❑ Motion Staff Work By: Assistant Chief Stacey Grimes Presentation By: Chief Brandon Barnhill Background Information: The Police Department is in the process of replacing its portable radios, some of which are more than 20 years old. The city received a Grant from the Kentucky Office of Homeland Security in the amount of $32,000 to purchase new radios. The police department can purchase 13 radios at a cost of $33,373.60 ($2,567.20 each) from Jackson Purchase 2- WayAlotorola. This is state contract pricing. Goal: ]Strong Economy ® Quality Services❑ Vital Neighbwhoods❑ Restored Downtowns Funds Available: Account Name: Communications Account Number: 001-1602-521-421341�Fia ce Auld KOHS grant [ ® ig' 5 Staff Recommendation: Approve purchase of 13 radios Attachments: Brandon Barnhill Signed Electronically Department Head City Clerk City Manager ORDINA-NCE NO, 2014 -2- A -N 0PDINANCE APPR0%- LNG AIND AUTHOR12DIG THE PURCHASE OF HAND-HELD RADIOS FOR THE PADL;CA-H POLICE DEPARAJENT, -k\M AUTHORIZING THE tMAYOR TO EXECUTE A CONTRACT FOR 3X)IIE WMREAS, this equipment is available under State a f Kentucky Master A�yreertlent dumber MA763-13000009-15-3, and, therefore. competilvc bidding is not required. BE IT ORDAC, ED BY THE CITY OF P,-\-D,UC -VH. KI TUCKY: SECTION 1. That the City of Paducah hereby apprev,-sand authorizes the Finmc,- Director to make payment to Motorola Solutions in an amount not to exceed 533.373.60. for the purchase up to 13 Motorola XTS2500 S00 ,%IHz portable radics 3t S2,567.20 each, for the Paducah Pohce Department, in compliance with the Kentucky StatePurcltasin; Contract. SECTION 2. This expenditure will be charged to the Pel ice Department's Equipment/Communications project account PO0070. Grant Fundsin t'te amount of 532,000 received from the Kentucky Office of Homeland Security will be UScd for the purchase with the balance of S1,373.60 beim paid from the Police department's budget SECTION 3. This ordinance shall be read on two sgarate days and will become effective upotl summary publication pursuant to KRS Chapter =124. Mdt pr ATTEST Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners. February 4, 2014 ,-adopted by the Board of Commissioners, February l3. 201.4 Recorded by Tarnmara S. Sanderson, City Cler' , February 13, 201 -1 Published by The Paducah Sun, \ord`.poiice`portable radios -13 radios 2-2014