HomeMy WebLinkAboutCCMPacket2016-11-29CALLED CITY COMMISSION MEETING
AGENDA FOR NOVEMBER 29, 2016
5:30 P.M.
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATION: City Hall Nomination to National Register of Historic Places — M,
WINCHESTER
I
MINUTES
11.
MOTION
A. R & F Notice
III.
MUNICIPAL ORDER
A. Naming of PJ Grumley River Drive
IV.
ORDINANCES - INTRODUCTION
A. Contract Extension for MAC Construction for Riverfront
Redevelopment Project Phase 1-B —CITY MGR
B. Amendment to Cable Television Franchise Agreement with
Comcast — P. SPENCER
V.
EXECUTIVE SESSION
NOVEMBER 15, 2016
At a Regular Meeting of the Board of Commissioners, held on Tuesday, November l5, 2016, at
5:30 p,m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor
Kaler presided, and upon call of the roll by the City Clerk, the following answered to their
names: Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5).
PRESENTATIONS
AWARD OF MERIT
Mayor Kaler presented an Award of Merit to BA & Frances Harni:ton for community service.
PADUCAH CIVIC BEAUTIFICATION ANNUAL BUSINESS AWARDS
Mary Hammond, representative for Paducah Civic Beautification Board, distributed the 2016
Annual Business Awards to the following winners.
1. City of Paducah, Parks Department, Stewart Nelson Park, Mark Thompson
2. Dairy Queen of Paducah, 1031 Joe Clifton Dr., Jay Page
3. The 1857 Hotel, 210 Kentucky Ave., Jorge Martinez & Paul Gourieux
4. The English Apartments, 1640 Jefferson, Jason Coalter 8z Dustin Richardson
5. The Freight House, 330 S. 3R' St., Sara Bradley,
6. Innovative Ophthalmology: Barbara Bowers, MD, 1130 Lone Oak Rd
7. O'So Beautiful Salon, 220 Broadway, Tonya Ousley
8. Paducah Running and Cycling Company, 102 S 31 st St., Grant and Lindsay Gamster
9. Paducah School of Art & Design, 905 Harrison St., Paul Aho, Dean
10. Soirees Events, 2069 Irvin Cobb Dr,, Brandi Bone & Jenny Nunley
l 1. Strawberry Hill Pharmacy, 2700 New Holt Rd. #D, Daniel Jones & Staci Overby
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of
the Minutes for the November 1, 2016, City Commission meeting be waived and that the
Minutes of said meeting prepared by the City Clerk be approved as written.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5).
MOTION
R & F DOCUMENTS
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the following
documents and bids be received and filed:
Notice of Cancellation for the Board of Commissioners of the City of Paducah, Kentucky
for Tuesday, November 8, 2016
Contracts/Agreements:
a. Agreement with Bluegrass Uniforms & Equipment for Uniform Services for the
Paducah Fire Department (ORD 2016-11-8444)
b. Agreement with Aramark Uniform Services for Uniforms for the Engineering -
Public Works & Parks Department (ORD 2016-11-8446)
NOVEMBER 15, 2016
C. Agreement with KYFAB, LLC for Two (2) Stainless Steel Salt Spreaders (ORD
2016-11-8447)
d. Agreement with KYFAB, LLC for Three (3) Snow Plows, Mounts and Electric
Over Hydraulic Controls (ORD 2016-11-8448)
e. Agreement with McKeel Equipment Co., Inc. for Two (2) Utility Vehicles (ORD
2016-11-8449)
f. Memorandum of Understanding with The Kentucky Oaks Mall Company c/o
Cafaro Company regarding the former Service Merchandise Building at 3410
James Sanders Drive (MO 194 1)
g. ASO Standard Pricing Assumptions with Anthem Blue Cross Blue Shield for
claims administrative services for the City's Health Insurance Plan (ORD 2016-
10-8441)
h. ASO Benefit Plans and Illustrative Rates with Anthem Blue Cross Blue Shield for
the City's Health Insurance Plan (ORD 2016-10-8441)
i. Single Case Agreement and Addendum to Broker Agreement with Anthem Blue
Cross Blue Shield (ORD 2016-10-8440)
j. Stop Loss Policy Agreement with Anthem Blue Cross Blue Shield (ORD 2016-
10-8439)
3. Summary Terms of Engagement Letter with Kemper CPA Group for audit of the year
ended June 30, 2016
4. City of Paducah Police and Firefighters Pension Fund and Appointive Employees'
Pension Fund Statement of Governmental Accounting Standards Numbers 67 and 68
Actuarial Report for year ended June 30, 2016
5. Luther F Carson Four Rivers Center, Inc. Financial Statements for Years Ended Julie 30,
2016 and 2015
6, Paducah McCracken County Riverport Authority Financial Statements for the Years
Ended June 30, 2016 and 2015
BIDS FOR PLANNING DEPT
SALE OF 2400 SPRUCE STREET
1. Jenny Hari -Keeling & Seth Keeling*
2. Daniel Shelley Jones
*Denotes recommended bid.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5).
MUNICIPAL ORDER
ACCEPT TRANSFER OF PROPERTIES LOCATED AT 900 AND 904 NORTH 10 Tit
STREET
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that a Municipal
Order entitled, "A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY,
AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION
CERTIFICATE FOR THE CITY'S ACCEPTANCE OF THE TRANSFER OF REAL
PROPERTIES LOCATED AT 900 AND 904 NORTH l OT" STREET, PADUCAH,
KENTUCKY," be adopted.
NOVEMBER 15, 2016
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). MO.#1942; BK 9
DECLARATION AND SALE OF SURPLUS PROPERTY LOCATED AT 2400 SPRUCE
STREET
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a Municipal
Order entitled, "A MUNICIPAL ORDER ACCEPTING THE BID OF JENNY HARI-
KEELING AND SETH KEELING IN THE AMOUNT OF $50 PLUS RECORDING FEES
FOR REAL PROPERTY LOCATED AT 2400 SPRUCE STREET AND AUTHORIZING THE
MAYOR TO EXECUTE A DEED AND ALL OTHER DOCUMENTS NECESSARY TO
COMPLETE THE SALE," be adopted.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). MO.#1943; BK 9
ORDINANCES — ADOPTION
ACCEPT 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FOR FOUR RIVERS
RECOVERY CENTER (CENTER POINT)
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Com►nissioners adopt an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH
APPROVING AN AGREEMENT WITH THE KENTUCKY DEPARTMENT FOR LOCAL
GOVERNMENT TO OBTAIN A COMMUNITY DEVELOPMENT BLOCK GRANT AWARD ON
BEHALF OF THE FOUR RIVERS BEHAVIORAL HEALTH CENTER POINT RECOVERY
CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO
SAME". This Ordinance is summarized as follows: That the City of Paducah approves an Agreement
with the Kentucky Department for Local Government to obtain a Community Development Block Grant
Award on behalf of Four Rivers Behavioral Health Center Point Recovery Center in the amount of
$220,000 with the City receiving $10,500 of said grant for administration. No local match is required.
Further, the Mayor is hereby authorized to execute all documents necessary to accept the grant award
with the Kentucky Department for Local Government and authorized to execute the legally binding
agreement with Four Rivers Behavioral Health for the Center Point Recovery Center.
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD.92016-11-8450; BK 34
ACCEPT BID FOR HEALTH PARK CONSTRUCTION OF WALKWAYS, LIGHTING
COMMUNITY GARDENS AND FITNESS AREAS
Commissioner Gault offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BID FOR
THE CONSTRUCTION OF THE WALKING TRAIL, COMMUNITY GARDENS,
LIGHTING, GREAT LAWN AND FITNESS AREAS FOR THE HEALTH PARK LOCATED
AT 421 NORTH 13TH STREET, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME." This Ordinance is summarized as follows: The City of Paducah
accepts the bid of Wilkins Construction Company, Inc., in the amount of $619,169.36 for
construction of the walking trail, community gardens, lighting, great lawn and fitness areas for
the Health Park located at 421 North 13`x' Street, and authorizes the Mayor to execute a contract
for same.
NOVEMBER 15, 2016
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD.#2016-11-8451; BK 34
AUTHORIZE PAYMENT FOR RESCUE EQUIPMENT
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO P & L RESCUE
SERVICES, LLC FOR THE PURCHASE OF RESCUE EQUIPMENT TO BE USED BY THE
PADUCAH FIRE DEPARTMENT." This Ordinance is summarized as follows: That the City
of Paducah hereby authorizes and directs the Finance Director to make payment in the amount of
$30,476.60 to P & L Rescue Services, LLC for the purchase of the rescue equipment listed
below to be used by the Paducah Fire Department:
GENESIS C236 E -FORCE 2.0 CUTTER
$10,195.00
GENESIS S45 -SL 2.0 SPREADER
9,700.00
GENESIS 2136 RAM 2.0
7,945.00
GENESIS 28V SAH BATTERY
390.00
GENESIS E28 EPACK
2,246.60
Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor
Kaler (5). ORD.#2016-11-8452; BK 34
ORDINANCES — INTRODUCTION
AUTHORIZE FINANCE DIRECTOR TO MAKE PAYMENT FOR ARCHITECTURAL
& DESIGN SERVICES FOR POLICE DEPARTMENT ANNEX
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO i5 DESIGN GROUP,
INC., FOR ARCHITECTURAL AND DESIGN SERVICES FOR "THE POLICE
DEPARTMENT ANNEX." This Ordinance is summarized as follows: That the City of
Paducah hereby authorizes and directs the Finance Director to make payment in the amount of
$22,634.35 to i5 Design Group, Inc., for architectural and design services for the Paducah Police
Department Annex,
PAY FOR FENCING FOR POLICE DEPARTMENT ANNEX
Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING AND
DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO MORRIS FENCING
FOR FENCING FOR THE POLICE DEPARTMENT ANNEX." This Ordinance is summarized
as follows: That the City of Paducah hereby authorizes and directs the Finance Director to make
payment in the amount of $24,390 to Morris Fencing for fencing for the Paducah Police
Department Annex.
CITY MANAGER REPORT
NOVEMBER 15, 2016
Riverfront Project — The seeding for the park area has been completed. City Engineer Rick
Murphy and a representative from Bacon, Farmer, Workman are going to visit the manufacturer
of the floating dock for a quality inspection.
The City Manager commended City Engineer Rick Murphy on his receiving a Certificate of
Appreciation from the U.S Army Corps of Engineers Louisville District for his time and effort in
facilitating a Pre -Command Course Phase II. Colonel Beck felt his shared experience and
knowledge will help shape the leadership of nearly half of the US Army Corps of Engineers for
years to come.
MAYOR AND COMMISSIONER COMMENTS
Commissioner Abraham wants a complaint system to be established to log all incoming complaints. The
systern will show who the complaint was from, a phone number for how to reach the complainant,
which department handled the complaint and will note the resolution. He would like this to be handled
by the public information officer.
ADOPTED: November 29, 2016
City Clerk
Mayor
Agenda Action Form
Paducah City Commission
Meeting Date: 29 November 2016
Short Title: PJ Grumley River Drive Name Assignment
❑Ordinance ❑ Emergency ®Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Lindsay Parish
Presentation By: Gayle Kaler
Background Information:
PJ Grumley (January 19, 1926 - April 7, 2016) served as a City Commissioner from 1975 to 1998,
which included seven years as Mayor Pro Tem. Mr. Grumley owned and operated Burger Chef
restaurants from 1962 until 1988 and served terms as president of the following organizations:
Paducah Area Chamber of Commerce, Retail Merchants Association, St. Paul Lutheran Church, and
the Lion's Club.
The family of Mr. PJ Grumley has requested that the City of Paducah assign the name "PJ Grumley
River Drive" to the portion of drive between Kentucky Avenue and Broadway Street known as Foot of
Broadway,
Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available:
Account Name:
Account Number:
Finance
Recommendation: That the Board of Commissioners approve the name assignment for the
aforementioned portion of drive in memory of PJ Grumley.
Attachments: GIS Map
II
Department Head City Clerk ity Manager
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER ASSIGNING THE NAME PJ GRUMLEY
RIVER DRIVE TO THE PORTION OF DRIVE KNOWN AS FOOT OF BROADWAY
BETWEEN KENTUCKY AVENUE AND BROADWAY STREET
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Authorization. The Board of Commissioners hereby
approves the assignment of the name PJ Grumley River Drive to the portion of drive
located between Kentucky Avenue and Broadway Street, known as Foot of Broadway.
SECTION 2. Effective Date. This Order shall be in full force and effect
on and after the date as approved by the Board of Commissioners of the City of Paducah,
Kentucky.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Adopted by the Board of Commissioners, November 29, 2016
Recorded by Tammara S. Sanderson, City Clerk, November 29, 2016
�mo1 PJ Grumley River Drive
Agenda Action Form
Paducah City Commission
Meeting Date: November 29, 2016
Short Title: Contract Extension with MAC Construction and Excavation, Inc.
Riverfront Redevelopment Project Phase 1-B
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Jeff Pederson
Presentation By: Jeff Pederson
Background Information:
On November 10, 2015, the City of Paducah entered into a contract with MAC Construction &
Excavating, Inc., for construction of the Riverfront Redevelopment Project Phase 1-B Gangway,
Transient Dock and Land Mass.
According to the contract, construction was to be fully complete within 240 consecutive calendar days
after receipt of the Notice to Proceed; however, due to river conditions, weather, and other unforeseen
project requirements, MAC Construction could not complete the project within the allotted timeframe
and requested an extension of time. The City's project engineer, Bacon, Farmer and Workman,
investigated the circumstances surrounding the request and determined than an extension would be in
order. The City Manager forwarded a letter to Chad Unruh setting forth the conditions under which
MAC would be granted the extension through January 31, 2017, including a written acknowledgment
that it shall not be entitled to any additional compensation for services performed during the extension
period. The new project deadline shall be January 31, 2017.
Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Staff Recommendation: Allow a contract extension through January 31, 2017
Attachments: Ordinance
Letter to Chad Nuruh w/attachments
'r
Department Head
City Clerk
City Manager
Jeff Pederson
Ciry Manager
November 16, 2016
TO
CITY OF PADUCAH
300 South 5th Srreer
P. O. Box 2267
Paducah, KY 42002-2267
Phone: (270) 444-8503
Fax: (270) 443-5058
jpederson@paducahky.gov
CERTIFIED MAIL — RETURN RECEIPT REQUESTED
Mr. Chad M. Unruh, CEO
MAC Construction & Excavating, Inc.
P. 0. Box 6787
New Albany, IN 47151-6787
Dear Mr. Unruh:
As we are both aware, the contract period for completion of the Riverfront Redevelopment Project
Phase 1-B has elapsed and it becomes necessary to formalize an extension to the contract. I have begun
the process for the City Commission to take action to authorize an extension, and I will briefly state the
conditions whereby the City will take such action.
Through the interactive process involving multiple parties over the past few months, the City is of the
belief and understanding that January 31, 2017, is a date that has generally been understood as doable
for completion. In consultation with the City's Project Engineer, we believe that an extension to the
aforementioned date is justifiable, provided that MAC Construction both agrees to the date and is
willing to provide written assurance.
On November 29, the Paducah City Commission will be presented with an Ordinance that would extend
the completion date upon agreement and acknowledgement by MAC that it shall not be entitled to any
additional compensation for any services on work done on the project during the extension period.
Additionally, MAC will be required to waive and release the City from anyclaims related to the failure of
MAC to complete the Project within the timeframe set forth in the November 10, 2015 Contract.
I am providing for your reference a copy of the letter from BFW that supports the granting of the
extension. Also enclosed is a copy of the Ordinance that will be taken before the City Commission for
authorization of the extension. I ask that you respond back to me with your acceptance of the
aforementioned date and conditions.
Sincerely,
Jeff Pederson
City Manager
Keyttuchy
nroceo
EQUAL OPPORTUNITY EMPLOYER
CITY OF PADUCAH
ORDINANCE NO. 20I6 -
AN ORDINANCE AUTHORIZING A CONTRACT AMENDMENT AND
EXTENDING THE TIME FOR MAC CONSTRUCTION &
EXCAVATING, INC. TO COMPLETE CONSTRUCTION OF THE
RIVERFRONT REDEVELOPMENT PROJECT PHASE 1-B, AS
INITIALLY SET FORTH IN AN AGREEMENT MADE NOVEMBER 10,
2015.
WHEREAS, on November 10, 2015, the City of Paducah, Kentucky (hereinafter referred
to as "City") entered into a contract (a/k/a as an "Agreement") whereby MAC Construction &
Excavating, Inc. (hereinafter referred to as MAC) agreed to furnish all the necessary labor,
materials, toots and services necessary for the construction of the Riverfront Redevelopment
Project Phase 1-B Gangway, Transient Dock and Land Mass (hereinafter the "Project"); and
WHEREAS, Article 2 of the aforesaid contract specified that MAC's performance was
to be fully completed within Two Hundred and Forty (240) consecutive calendar days after
receiving a Notice to Proceed; and
WHEREAS, Owing to project related circumstances pertaining to river conditions,
weather and unique, unforeseen project requirements, MAC has requested that it be granted an
extension until January 31, 2017 to fully complete its work; and
WHEREAS, the City's project engineers, Bacon, Farmer and Workman, (hereinafter
"Project Engineers") have investigated the circumstances cited and have issued an opinion that
granting the aforesaid extension would be justified and fair.
NOW, THEREFORE, be it ordained by the Board Of Commissioners of the City of
Paducah, Kentucky:
SECTION 1. Pursuant to the recommendation of the Project Engineer as set forth in its
November 14, 2016, letter, attached hereto as Exhibit A, the City Manager is authorized to extend
MAC's completion time for the Project until midnight January 31, 2017, subject to the conditions
precedent as set forth in Section 2 and Section 3 below.
SECTION 2. Prior to extending the contract as aforesaid the City Manager must first
receive from MAC written assurances whereby MAC acknowledges and agrees that it shall not
be entitled to any additional compensation for any of its services or any work of whatever nature
on the Project during the extension period. Further, that MAC will use best efforts to complete its
work prior to January 31, 2017, and that MAC waives and releases the City and it agents from
any claims that it might now have, or might later attempt to assert, pertaining to any
circumstances, events or actions relating, directly or indirectly, to thefailure of MAC to complete
the Project within the time frame set forth in the November 10, 2015 contract.
SECTION 3. The required written acknowledgment and agreement from MAC shall, in
the opinion of the City Manager and Corporation Counsel, be binding in nature and legally
sufficient to protect the interest of the City and its agents.
SECTION 4. This ordinance shall be read on hvo separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
GAV LE KALER, H AYOR
ATTEST:
CITY CLERK
Introduced by the Board of Commissioners
Adopted by the Board of Commissioners _
Recorded by City Clerk
Published by The Paducah Sun
November 15, 2016
City of Paducah
300 South 51h Street
Paducah, KY 42003
BACON I FARMER I WORKMAN
ENGINEERING & TESTING, INC,
Attention: Jeff Pederson, City Manager
RE: Paducah Riverfront Re -Development Phase 16
Contract Time Extension
Mr. Pederson,
Please accept this letter in concurrence with the request for a time extension from MAC
Construction and Excavating, Inc. (MAC) for an extension in timeof 184 calendar days to set
the contract end date at January 3111, 2017 due to the following circumstances.
Since project start date, MAC Construction has requested 103 days that river work could not be
completed due to high waters or weather, Bacon Farmer Workman Engineering and Testing,
Inc. (BFW) has verified that there were 103 days where the river was above a gage reading of
25 feet. This would extend the original project completion date to November 11th, 2016. The
work items affected due to the inability to work on the river effected other ongoing work items
due to the construction methods.
Additionally, this project includes material based specifications and performance based
specifications that make it unique within the construction industry, There have been several
intricate items dealing with not only the materials specified and performance based products
which have required close coordination between the Owner, Design Team and the Contractor.
Initial contractor provided performance based design of gangways and platforms proved
through the design / review process to deviate from the original design intent, and did not
meet the performance based specifications. The initial design review process of gangways and
platforms began on contract start date and was temporarily halted on May 611, 2016. At that
point, supplemental information was supplied through the owner by the design team to help
facilitate the contractor in providing products and materials thatwould meet the performance
based specifications.
500 South 17th Street
403 N. Court Street
P.O. Box 120
1215 Dluguid Drive
Marion, IL 62959
Paducah, KY 42002-0120
Murray, KY. 42071
966 Double Bridge Road P.O. Box 8188
phone: (618) 993.6700
phone: (270) 4431995
phone: 270-753-7307
Lewisburg, TN 37091 UC nnpalgn, IL 61826
phone: (618) 997.9190
fax: (270) 443.1904
fax: 270-759-4950
phone: 931.359-4882 pha-e: 217-433-2172
f3x, (618) 993.6717
www.bfwengineers.com
Throughout construction of this project, field directives have been issued by the Design Team.
Due to unknown circumstances and unique materials specified, unit quantities in the Bid Form
had to be adjusted to try to maintain the overall contract amount. With the adjustments in unit
quantities, additional days were requested by MAC in the amount of 55 days at no cost increase
to the project to meet the design intent and final grades. This addition of these days would
increase the project completion date to January 5th, 2017.
With the platform and gangway design review items mentioned above coupled with unknown
weather events that may occur, the additional 26 days in our opinion will be fair to the
contractor, therefore making the date of substantial completion January 31St, 2017.
Regards,
BFW Engineering & Testing, Inc.
Kenneth D. McDaniel, PE
Project Engineer
MAIL Milwff BACON! FARMER !WORKMAN
__
f
ENGINEERING & TESTING, INC.
Agenda Action Form
Paducah City Commission
Meeting Date: November 29, 2016
Short Title: Amendment to Cable Television Franchise Agreement with Comcast
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Pam Spencer, P10 and Jeff Pederson, City Manager
Presentation By: Pam Spencer, P10
Background Information:
The non-exclusive franchise agreement, adopted in October 2006, between the City of Paducah and
Comcast expired November 1, 2016. With the assistance of telecommunications attorney Brian
Grogan with Moss & Barnett, the City has entered into negotiations with Comcast for a new franchise
agreement.
It is in the interest of both parties to reserve all of their respective rights under state and federal law
during this franchise renewal process. This ordinance amends the franchise agreement to extend the
term through April 11, 2017.
Goal: ❑Strong Economy ® Quality Services[] Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name: Finance
Account Number:
Staff Recommendation: Adoption of franchise agreement extension
Attachments:
Depa ent Head City Clerk City anager
Contract
ORDINANCE N0, 2016 -12 -
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY
GRANTING COMCAST CABLE, HEARTLAND REGION FORMERLY KNOWN AS
COMCAST OF THE SOUTH, L.P. A FRANCHISE EXTENSION THROUGH APRIL 11, 2017
WHEREAS, on or about December 5, 2006, the City of Paducah, Kentucky
granted Cable Television Franchise Agreement (`'Franchise") which is currently held by
Comcast Cable, Heartland Region formerly known as Comcast of the South, L.P. ("'Comcast");
and
2016; and
WHEREAS, Comcast has requested renewal of the Franchise; and
WHEREAS, the initial term of the Franchise expired on or about November 1,
WHEREAS, both the City and Comcast desire to reserve all of their respective
rights under state and federal law regarding the franchise renewal process, specifically all rights
provided by 47 U.S.C. 546.
NOW, THEREFORE, be it ordained by the Board of Commissioners of the City
of Paducah, Kentucky:
SECTION I.The Franchise Agreement between the City of Paducah and Comcast
Cable, Heartland Region formerly known as Comcast of the South, L.P., is hereby amended by
extending the term of the Franchise from November 2, 2016 through and including April 11,
2017,
SECTION 2. Except as specifically modified hereby, the Franchise shall remain
in frill force and effect.
SECTION 3.The City and Comcast hereby agree that neither party waives any
rights either may have under the Franchise or applicable law.
SECTION 4. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
Mayor
3408187v1
ATTEST:
Tan-mara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, November 29, 2016
Adopted by the Board of Commissioners, December 6, 2016
Recorded by Tammara S. Sanderson, City Clerk, December 6, 2016
Published by The Paducah Sun,
\ord\cable-franchise extension 11-20161
34081870
FRANCHISE EXTENSION
THIS AGREEMENT, effective as of December_, 2016 between the City of
Paducah, KY (the "LFA"), and Comcast Cable, Heartland Region ("Comcast"), formerly
Comcast of the South, L.P.
WHEREAS, on or about December 5, 2006, the LFA granted Comcast a non-
exclusive franchise to construct, operate and maintain a cable television system (the
"Franchise"); and
WHEREAS, Comcast timely filed a request with theLFA to activate the formal
process for renewing the Franchise pursuant to the provisions of the Cable
Communications Policy Act of 1984 ("Cable Act"); and
WHEREAS, the initial term of the Franchise expiredon or about November 1,
2016; and
WHEREAS, the parties are in negotiations concerning a renewal of the Franchise
utilizing the informal procedures set forth in the Cable Act; and
WHEREAS, the parties desire to extend the current Franchise term from
November 2, 2016 through and including April 11, 2017 in order to accommodate such
negotiations;
NOW, THEREFORE,
Section 1. Section 23 of the Franchise is hereby amendedby extending the term of
such Franchise through and including April 11, 2017.
Section 2. Except as specifically modified hereby, the Franchise shall remain in full
force and effect.
Section 3. The LFA and Comcast hereby agree that neither party waives any rights
either may have under the Franchise or applicable law.
Attest:
Gayle Kaler, City of Paducah, KY Mayor
Tammara S. Sanderson, City Clerk
Timothy P Collinsnior Vice President
Comcast Cable, Heartland Region