HomeMy WebLinkAboutCCMPacket2017-12-19CITY COMMISSION MEETING
AGENDA FOR DECEMBER 19, 2017
5:30 P.M.
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
PRESENTATION(S): Prohibit Electronic Smoking Devices and Tobacco Smoking in All
Places of Employment, Playgrounds, City Parks and City -Owned Recreational Areas — Dr.
Pat Withrow; Chris Roty, CEO of Baptist Health; Michael Yungman, CEO of Lourdes; and
Kaylene Cornell, Health Education Coordinator of Purchase District Health Department
Items on the Consent Agenda are considered to be routine by the Board of Commissioners and
will be enacted by one motion and one vote. There will be no separate discussion of these items
unless a Board member so requests, in which event the item will be removed from the Consent
Agenda and considered separately. The City Clerk will read the items recommended for
approval.
I.
CONSENT AGENDA:
A. MINUTES
B. MOTION(S)
1. R & F Documents
C. MUNICIPAL ORDER(S)
1. Persomiel Actions — M. RUSSELL
2. Approve Employment Agreement with Director of 911 — CITY
MANAGER PEDERSON
3. Approve Employment Agreement with Planning Director —
CITY MANAGER PEDERSON
4. Approve Employment Agreement with Human Resources
Director — CITY MANAGER PEDERSON
5. Approve Floodwall Pump Station 42 Rehabilitation — Clean
Water State Revolving Fund (CWSRF) Loan Application — R.
MURPHY
6. Authorize Contract for a Multi-Jurisdictional Enterprise License
Agreement on Behalf of McCracken and Paducah GIS
Consortium Members — S. CHINO
7. Accept Grant Award of $3,000 from KLC for Playground
Equipment — M. THOMPSON
8. Authorize an Agreement for Oak Grove Cemetery Burial
Services — M. THOMPSON
II.
ORDINANCE(S) — ADOPTION
A. FY2017 Final Revised Budget Ordinance — J. PERKINS
B. Amend FY2018 Budget Ordinance —T. SANDERSON
C. Amend Human Rights Commission Ordinance — CITY
MANAGER PEDERSON
111.
COMMENTS
A. Comments from the City Manager
B. Comments from the Board of Commissioners
C. Comments from the Audience
IV.
EXECUTIVE SESSION
December 19, 2017
1. Notice of Cancellation for the Board of Commissioners of the City of Paducah for
December 5, 2017
2. Contracts/Agreements:
a. Short Form Agreement with HDR Engineering, Inc. for the Buckner Corridor
Traffic Study (Executed by City Engineer)
3. McCracken County Solid Waste Management Plan 2018-2022 (MO # 20 10)
4. Purchase Area Development District, Inc. Financial Statements for Year Ended June 30,
2017
PROPOSAL FOR PARKS DEPARTMENT
Performance of Burial Services at Oak Grove Cemetery
Wilbert Vault Co.
*Denotes Accepted Proposal
CITY OF PADUCAH
December 19, 2017
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.
Ia-/S--/%
Date
CITY OF PADUCAH
PERSONNEL ACTIONS
December 19, 2017
EMERGENCY COMMUNICATION SRVCS POSITION REASON EFFECTIVE DATE
Gates, Rachel L. Telecommunicator Resignation December 8, 2017
POSITION
RATE
NCS/CS
FLSA
EFFECTIVE DATE
PARKS SERVICES
Glisson, Mari
Recreation Leader- Class Instructor
$17.00/Hr.
NCS
Non -Ex
January 3, 2018
.. Er�PAYROLLADJUSTMENTSRRAN
FERSIPROMOTIONS.FEMP.ORARY.ASSIGNMENT.Si�„
,. `- .` -
PREVIOUS POSITION
CURRENT POSITION
NCS/CS
FLSA
EFFECTIVE DATE
AND BASE RATE OF PAY
AND BASE RATE OF PAY
FIRE - SUPPRESSION
Reeves, Gabriel B.
Assistant Fire Chief
Assistant Fire Chief
NCS
Non -Ex
December 7, 2017
$24.98/Hr.
$25.85/Hr.
PARKS SERVICES
Wilson, Lessa
Executive Assistant I
Executive Assistant I
NCS
Non -Ex
December 21, 2017
18.85/1-1r.
$19.42/1-1r.
EMERGENCY COMMUNICATION SRVCS POSITION REASON EFFECTIVE DATE
Gates, Rachel L. Telecommunicator Resignation December 8, 2017
Agenda Action Form
Paducah City Commission
Meeting Date: 12/19/17
ShortTitle: Employment Agreement for Director of the E911
Communications Services Department
❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Jeff Pederson, City Manager
Presentation By: Jeff Pederson, City Manager
Background Information:
It is the City's practice to have in place an Employment Agreement for
Department Directors. This Agreement is not for a defined period and it
includes a three-month severance provision.
This Director is a current Kentucky state retirement pensioner and is ineligible
for expanded retirement benefits. This agreement also includes a deferred
compensation benefit of up to 5% of salary with a 1 to 1 employee match.
Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name:
Account Number: Finance
Staff Recommendation:
Attachments:
Department Head City Clerk _ W-ity age`r
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PADUCAH AND EDWARD MCMANUS FOR EMPLOYMENT
AS DIRECTOR OF 911, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Authorization. The Board of Commissioners of the City of
Paducah hereby approves and the Mayor of the City of Paducah, Kentucky, is hereby authorized
to execute an Employment Agreement with Edward McManus to be employed in the position of
Director of 911.
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, December 19, 2017
Recorded by Tammara S. Sanderson, City Clerk, December 19, 2017
\moAagree-emplo}nnent — Ed McManus Director of 911
AGREEMENT TO EMPLOY EDWARD McMANUS AS DIRECTOR OF 911
This Agreement made and entered into this day of
2017 by and between the CITY OF PADUCAH, KENTUCKY, a Municipal
Corporation, hereinafter called "City", and Edward McManus, hereinafter called
"Director of 911", both of whom understand as follow:
WITNESSETH:
WHEREAS, the Board of Commissioners of the City of Paducah desires
to employ Edward McManus as Director of 911; and
WHEREAS, the Board of Commissioners desires to (1) secure the
services of Edward McManus as Director of 911 and to provide inducement for him to
remain in such employment, (2) to make possible full work productivity and
independence by assuring his morale and peace of mind with respect to future security,
and (3) to provide a just means for terminating his service at such time that the Board of
Commissioners may desire to no longer employ him as Director of 911; and
WHEREAS, Edward McManus desires to accept employment as Director
of 911 for the City of Paducah;
NOW THEREFORE, the parties agree as follows:
1. APPOINTMENT
The Board of Commissioners appointed Edward McManus as Director of 911 of the City
of Paducah on October 20, 2016.
2. DUTIES
The Director of 911 serves under the direction of the City Manager. He
will perform the duties of Director of 911 as prescribed by the laws of the
Commonwealth of Kentucky, the Charter and Ordinances of the City of Paducah, and
will perform additional tasks and functions as directed by the City Manager.
3. TERM
The Director of 911 serves at the pleasure of the Board of Commissioners.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
Board of Commissioners to terminate the services of the Director of 911 at any time,
subject only to State Law and the "Termination of Appointment' section of this
Agreement.
4. BEGINNING DATE
The Director of 911 began his duties on October, 2016. The beginning
date of the effect of this contract will be December 20, 2017.
DIRECTOR of 911 COMMITMENTS
While serving as Director of 911, Edward McManus agrees to remain in
the exclusive employ of the City, except that he may engage in occasional teaching,
writing or speaking on his own time. If outside compensation is provided for such
services, the City Manager shall be notified in advance.
5. INDEMNIFICATION
Whenever the Director of 911 shall be sued for damages arising out of the
performance of his duties, the City shall provide defense counsel for the Director of 911
in such suit and indemnify him from any judgment rendered against him, provided that
such indemnity shall not extend to any judgment for damages arising out of any willful
wrongdoing. Said indemnification shall extend beyond termination of employment and
the otherwise expiration of this Agreement to provide protection for any such acts
undertaken or committed in his capacity as Director of 911, regardless of whether the
notice of filing of a lawsuit occurs during or following employment with the City.
6. HOURS OF WORK
The minimum workweek for the Director of 911 shall be 40 hours plus
any additional time reasonably required to discharge the responsibilities of the office.
Since the Director of 911 must devote a great deal of time outside of normal office hours
to City business, he is allowed to take compensatory time off during normal office hours.
S. SALARY
City agrees to pay the Director of 911 an annual base salary of $73,361.60,
with annual performance reviews to be conducted by the City Manager.
9. COMPENSATION ADJUSTMENT
The City Manager will review the Director of 911's compensation
annually. In considering compensation increases the City Manager will weigh the
Director of 911's performance, the compensation of Directors of 911 serving comparable
jurisdictions in Kentucky and neighboring states, increases granted to other employees,
and the resources of the City.
2
11. RETIREMENT
The Director of 911, as a current pensioner in the Kentucky State Retirement
system, is not eligible for further contribution to that system. As an enticement to remain
in the position, the City will contribute up to 5% of the Director's annual salary into a
deferred compensation plan that is in place with the City of Paducah. It is understood
that the contribution will be on a 1 to 1 basis, with the City matching the Director's
annual contribution up to the 5% limitation.
12. LEAVE
The Director of 911 shall accrue sick leave at the same rate as other
general employees. Upon hire, the Director was credited with 10 days of vacation leave
and shall earn vacation time from that time at the same schedule as other departmental
and non-union employees.
13. UNIFORM ALLOWANCE
The Director of 911 will be provided with uniform clothing in accordance with the plan
that is in place for all other employees of the 911 Emergency Communications
Department.
14. PROFESSIONAL DEVELOPMENT
The City will pay the Director of 911's professional association
subscriptions; memberships and participation costs, including attendance at an annual
professional association conference; and within budgetary limits will support his
continued professional development.
15. INSURANCE AND OTHER BENEFITS
As a current pensioner in the Kentucky State Retirement System, the
Director will not participate in the City's Employee Health Insurance Plan however he
shall be paid the same waiver as is available to employees who participate in a non -City
provided Plan.
16. TERMINATION OF APPOINTMENT
If the Board of Commissioners decides to terminate the Director of 911 or
requests his resignation during the first two years of his employment, the Board of
Commissioners will either give the Director of 911 three months' notice before the
termination takes effect, or will offer to pay a severance payment to the Director of 911.
Such severance payment shall be a lump sum cash payment equal to three months of
salary as defined in Paragraph 8 above.
If the Director of 911 elects to accept the aforesaid severance payment, he
will sign a severance agreement, which generally releases the City of any and all claims
that the Director of 911 may have as a result of his employment and/or termination.
If the Director of 911 is terminated by the Board of Commissioners, health
insurance benefits shall continue in full force and coverage, at City expense, for a period
of four months or until similar coverage is provided to the Director of 911 by a
subsequent employer and is in full force and effect, whichever comes first. Such
continuation of group health insurance coverage shall be in addition to any protection
afforded the Director of 911 by the Consolidated Omnibus Budget Reconciliation Act of
1988 (COBRA). Coverage under COBRA shall begin on the date all coverage extended
under these severance provisions expires.
In the event the Director of 911 is terminated for "just cause", then the
City's only obligation to the Director of 911 is to pay all compensation and benefits
accrued but unpaid at the date of termination. "Just cause" is defined as: (1) willful
neglect of duty; (2) felony or misdemeanor conviction of any crime involving moral
turpitude; (3) dishonesty; (4) recurrent insobriety; (5) violation of duties to the City by
any other act(s) of a similar nature which bring discredit to the City.
Should the Director of 911 be permanently disabled or otherwise unable to
perform his duties because of sickness, accident, injury, mental incapacity or health for a
period of four successive weeks beyond any accrued leave, the Board of Commissioners
shall have the right to terminate this Agreement subject to the severance provisions of
this section.
17. GENERAL PROVISIONS
The text herein shall constitute the entire Agreement between the parties.
This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of the Director of 911.
This Agreement shall become effective upon adoption and approval of the
Board of Commissioners of the City of Paducah.
If any provision, or any portion thereof, contained in this Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the Board of Commissioners of the City of
Paducah has caused this Agreement to be executed on its behalf by the City's Mayor, and
Edward McManus has executed this Agreement as Director of 911 this day of
December, 2017.
Brandi Harless, Mayor
City of Paducah, Kentucky
ATTEST:
Tammara Sanderson, City Clerk
Edward McManus
Agenda Action Form
Paducah City Commission
Meeting Date: 12/19/17
Short Title: Employment Agreement for Director of the Planning Department
❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Jeff Pederson, City Manager
Presentation By: Jeff Pederson, City Manager
Background Information:
It is the City's practice to have in place an Employment Agreement for
Department Directors. This Agreement is not for a defined period and it
includes a three-month severance provision.
Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name:
Account Number: Finance
Staff Recommendation:
Attachments:
--=?,GL civ �
Department Head City Clerk Uy Manager
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER APPROVING AN EMPLOYMENT
AGREEMENT BETWEEN THE CITY OF PADUCAH AND TAMMARA TRACY
FOR EMPLOYMENT AS PLANNING DIRECTOR, AND AUTHORIZING THE
MAYOR TO EXECUTE SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Authorization. The Board of Commissioners of the City of
Paducah hereby approves and the Mayor of the City of Paducah, Kentucky, is hereby
authorized to execute an Employment Agreement with Tammara Tracy to be employed in
the position of Planning Director.
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, December 19, 2017
Recorded by Tammara S. Sanderson, City Clerk, December 19, 2017
onoAagree-employment —Tammara Tracy Planning Director
AGREEMENT TO EMPLOY TAMMARA TRACY
AS PADUCAH PLANNING DIRECTOR
This Agreement, made and entered into this day of
2017, by and between the CITY OF PADUCAH, KENTUCKY, a Municipal Corporation,
hereinafter called "City", party of the first part, and Tammara Tracy, hereinafter called "Planning
Director", party of the second part, both of whom understand as follow:
WITNESSETH:
WHEREAS, the Board of Commissioners of the City of Paducah desires to continue employ
Tammara Tracy as the Planning Director; and
WHEREAS, the Board of Commissioners desires (1) to secure and retain the services of
Tammara Tracy as the Planning Director and to provide inducement for her to remain in such
employment, (2) to make possible full work productivity and independence by assuring her
morale and peace of mind with respect to future security, and (3) to provide a just means for
terminating her service at such time that the Board of Commissioners may desire to no longer
employ her as Planning Director; and
WHEREAS, Tammara Tracy desires to accept employment as the Planning Director of the City
of Paducah.
NOW THEREFORE, the parties agree as follows:
1. APPOINTMENT
The Board of Commissioners hereby appoints Tammara Tracy as the Planning Director of the
City of Paducah.
2. DUTIES
The Planning Director shall serve as Chief Administrative Officer of the City of Paducah
Planning under the direction of the City Manager. She will perform the duties of the Planning
Director as prescribed by applicable federal statutes, the laws of the Commonwealth of
Kentucky, the Charter and Ordinances of the City of Paducah, and will perform additional tasks
and functions as directed by the City Manager and the Board of Commissioners.
3. TERM
The Planning Director serves at the pleasure of the Board of Commissioners. Nothing in this
Agreement shall prevent, limit or otherwise interfere with the right of the Board of
Commissioners to terminate the services of the Planning Director at any time, subject only to the
"Termination of Appointment" section of this Agreement.
4. BEGINNING DATE
Planning Director began her expanded duties on August 17, 2017.
5. PLANNING DIRECTOR COMMITMENTS
While serving as Planning Director, Tammara Tracy agrees to remain in the exclusive employ of
the City, except that she may engage in occasional teaching, writing or speaking on her own
time. If outside compensation is provided for such services, the Board of Commissioners shall
be notified in advance.
6. INDEMNIFICATION
Whenever the Planning Director shall be sued for damages arising out of the performance of her
duties, the City shall provide defense counsel for the Planning Director in such suit and
indemnify her from any judgment rendered against her, provided that such indemnity shall not
extend to any judgment for damages arising out of any willful wrongdoing. Said indemnification
shall extend beyond termination of employment and the otherwise expiration of this Agreement
to provide protection for any such acts undertaken or committed in her capacity as Planning
Director, regardless of whether the notice of filing of a lawsuit occurs during or following
employment with the City.
7. HOURS OF WORK
The minimum work week for the Planning Director shall be 40 hours plus any additional time
reasonably required to discharge the responsibilities of the office. Since the Planning Director
must devote a great deal of time outside of normal office hours to City business, she is allowed to
take compensatory time off during normal office hours.
8. SALARY
City agrees to pay the Planning Director her current annual base salary of $83,491.20.
The City Manager will review the Planning Director compensation annually and recommend
adjustments to the Board of Commissioners. In considering compensation increases the City
Manager will weigh the Planning Director's performance, the compensation of Planning
Directors serving comparable jurisdictions in Kentucky and neighboring states, increases granted
to other employees, and the resources of the City.
9. RETIREMENT
The Planning Director will participate in Kentucky's retirement program as provided by the City
for the benefit of its employees.
10. LEAVE
The Planning Director shall accrue sick leave and vacation leave at the same rate as other general
employees with the same number of years of service as she has, with the exception that ten days
paid vacation will be available immediately. Leave accrual limits that apply to other
administrative employees will apply to the Planning Director. Should leave accrual limits be
reduced at some time in the future, the leave that the Planning Director has accrued at that time
will be grandfathered.
11. PROFESSIONAL DEVELOPMENT
The City will pay the Planning Director's professional association subscriptions, memberships'
and participation costs, including attendance at an annual professional association conference,
and within budgetary limits will support her continued professional development.
12. INSURANCE AND OTHER BENEFITS
The Planning Director will participate in the City's health insurance and other benefits on the
same terms as provided for other administrative employees.
13. TERMINATION OF APPOINTMENT
If the Board of Commissioners decides to terminate the Planning Director or requests her
resignation, the Board of Commissioners shall pay the Planning Director a severance payment
equal to three months of her then current base salary.
If the Planning Director elects to accept the aforesaid severance payment, she will sign a
severance agreement, which generally releases the City of any and all claims that the Planning
Director may have as a result of her employment and/or termination.
If the Planning Director is terminated by the Board of Commissioners, health insurance benefits
shall continue in full force and coverage, at City expense, for a period of three months or until
similar coverage is provided to the Planning Director by a subsequent employer and is in full
force and effect, whichever comes first. Such continuation of group health insurance coverage
shall be in addition to any protection afforded the Planning Director by the Consolidated
Omnibus Budget Reconciliation Act of 1988 (COBRA) as amended. Coverage under COBRA
shall begin on the date all coverage extended under these severance provisions expires.
In the event the Planning Director is terminated for "just cause", then the City's only obligation
to the Planning Director is to pay all compensation and benefits accrued but unpaid at the date of
termination. "Just cause" is defined as: (1) willful neglect of duty; (2) felony or misdemeanor
conviction of any crime involving moral turpitude; (3) violation of duties to the community of
honesty and sobriety; (4) any other act(s) of a similar nature which bring discredit to the City.
Should the Planning Director be permanently disabled or otherwise unable to perform her duties
because of sickness, accident, injury, mental incapacity or health for a period of four successive
weeks beyond any accrued leave, the Board of Commissioners shall have the right to terminate
this Agreement subject to the severance provisions of this section.
14. GENERAL PROVISIONS
The text herein shall constitute the entire Agreement between the parties.
This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors
of the Planning Director.
This Agreement shall become effective upon adoption and approval of the Board of
Commissioners of the City of Paducah.
If any provision, or any portion thereof, contained in this Agreement is held unconstitutional,
invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall not be
affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the Board of Commissioners of the City of Paducah has caused this
Agreement to be executed on its behalf by the City's Mayor, and Tammara Tracy executed this
Agreement as Planning Director this day of 2017.
Brandi Harless, Mayor Tar mara Tracy
City of Paducah, Kentucky Planning Director
ATTEST:
Tammy Sanderson, City Clerk
El
Agenda Action Form
Paducah City Commission
Meeting Date: 12/19/17
Short Title: Employment Agreement for Director of Human Resources
❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Jeff Pederson, City Manager
Presentation By: Jeff Pederson, City Manager
Background Information:
It is the City's practice to have in place an Employment Agreement for
Department Directors. This Agreement is not for a defined period and it
includes a three-month severance provision.
Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name:
Account Number: Finance
Staff Recommendation:
Attachments:
Department Head City Clerkiy Manager
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PADUCAH AND MARTIN RUSSELL FOR EMPLOYMENT AS
HUMAN RESOURCES DIRECTOR, AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Authorization. The Board of Commissioners of the City of
Paducah hereby approves and the Mayor of the City of Paducah, Kentucky, is hereby authorized
to execute an Employment Agreement with Martin Russell to be employed in the position of
Human Resources Director.
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, December 19, 2017
Recorded by Tammara S. Sanderson, City Clerk, December 19, 2017
\ino\agree-employment — Martin Russell Human Resources Director
AGREEMENT TO EMPLOY MARTIN RUSSELL
AS PADUCAH HUMAN RESOURCES DIRECTOR
This Agreement, made and entered into this day of
2017, by and between the CITY OF PADUCAH, KENTUCKY, a Municipal Corporation,
hereinafter called "City", party of the first part, and Martin Russell, hereinafter called "Human
Resources Director", party of the second part, both of whom understand as follow:
WITNESSETH:
WHEREAS, the Board of Commissioners of the City of Paducah desires to continue employ
Martin Russell as the Human Resources Director; and
WHEREAS, the Board of Commissioners desires (1) to secure and retain the services of Martin
Russell as the Human Resources Director and to provide inducement for him to remain in such
employment, (2) to make possible full work productivity and independence by assuring his
morale and peace of mind with respect to future security, and (3) to provide a just means for
terminating his service at such time that the Board of Commissioners may desire to no longer
employ him as Human Resources Director; and
WHEREAS, Martin Russell desires to accept employment as the Human Resources Director of
the City of Paducah.
NOW THEREFORE, the parties agree as follows:
1. APPOINTMENT
The Board of Commissioners hereby appoints Martin Russell as the Human Resources Director
of the City of Paducah.
2. DUTIES
The Human Resources Director shall serve as Chief Administrative Officer of the City of
Paducah Human Resources under the direction of the City Manager. He will perform the duties
of the Human Resources Director as prescribed by applicable federal statutes, the laws of the
Commonwealth of Kentucky, the Charter and Ordinances of the City of Paducah, and will
perform additional tasks and functions as directed by the City Manager and the Board of
Commissioners.
3. TERM
The Human Resources Director serves at the pleasure of the Board of Commissioners. Nothing
in this Agreement shall prevent, limit or otherwise interfere with the right of the Board of
Commissioners to terminate the services of the Human Resources Director at any time, subject
only to the "Termination of Appointment' section of this Agreement.
4. BEGINNING DATE
Human Resources Director began his expanded duties on September 29, 2016.
5. HUMAN RESOURCES DIRECTOR COMMITMENTS
While serving as Human Resources Director, Martin Russell agrees to remain in the exclusive
employ of the City, except that he may engage in occasional teaching, writing or speaking on his
own time. If outside compensation is provided for such services, the Board of Commissioners
shall be notified in advance.
6. INDEMNIFICATION
Whenever the Human Resources Director shall be sued for damages arising out of the
performance of his duties, the City shall provide defense counsel for the Human Resources
Director in such suit and indemnify him from any judgment rendered against him, provided that
such indemnity shall not extend to any judgment for damages arising out of any willful
wrongdoing. Said indemnification shall extend beyond termination of employment and the
otherwise expiration of this Agreement to provide protection for any such acts undertaken or
committed in his capacity as Human Resources Director, regardless of whether the notice of
filing of a lawsuit occurs during or following employment with the City.
7. HOURS OF WORK
The minimum work week for the Human Resources Director shall be 40 hours plus any additional
time reasonably required to discharge the responsibilities of the office. Since the Human
Resources Director must devote a great deal of time outside of normal office hours to City
business, he is allowed to take compensatory time off during normal office hours.
8. SALARY
City agrees to pay the Human Resources Director his current annual base salary of $81,619.20.
The City Manager will review the Human Resources Director compensation annually and
recommend adjustments to the Board of Commissioners. In considering compensation increases
the City Manager will weigh the Human Resources Director's performance, the compensation of
Human Resource Directors serving comparable jurisdictions in Kentucky and neighboring states,
increases granted to other employees, and the resources of the City.
9. RETIREMENT
The Human Resources Director will participate in Kentucky's retirement program as provided by
the City for the benefit of its employees.
10. LEAVE
The Human Resources Director shall accrue sick leave and vacation leave at the same rate as
other general employees with the same number of years of service as he has. Leave accrual
limits that apply to other administrative employees will apply to the Human Resources Director.
Should leave accrual limits be reduced at some time in the future, the leave that the Human
Resources Director has accrued at that time will be grandfathered.
11. PROFESSIONAL DEVELOPMENT
The City will pay the Human Resources Director's professional association subscriptions,
memberships' and participation costs, including attendance at an annual professional association
conference, and within budgetary limits will support his continued professional development.
12. INSURANCE AND OTHER BENEFITS
The Human Resources Director will participate in the City's health insurance and other benefits
on the same terms as provided for other administrative employees.
13. TERMINATION OF APPOINTMENT
If the Board of Commissioners decides to terminate the Human Resources Director or requests
his resignation, the Board of Commissioners shall pay the Human Resources Director a
severance payment equal to three months of his then current base salary.
If the Human Resources Director elects to accept the aforesaid severance payment, he will sign a
severance agreement, which generally releases the City of any and all claims that the Human
Resources Director may have as a result of his employment and/or termination.
If the Human Resources Director is terminated by the Board of Commissioners, health insurance
benefits shall continue in full force and coverage, at City expense, for a period of three months or
until similar coverage is provided to the Human Resources Director by a subsequent employer
and is in full force and effect, whichever comes first. Such continuation of group health
insurance coverage shall be in addition to any protection afforded the Human Resources Director
by the Consolidated Omnibus Budget Reconciliation Act of 1988 (COBRA) as amended.
Coverage under COBRA shall begin on the date all coverage extended under these severance
provisions expires.
In the event the Human Resources Director is terminated for "just cause", then the City's only
obligation to the Human Resources Director is to pay all compensation and benefits accrued but
unpaid at the date of termination. "Just cause" is defined as: (1) willful neglect of duty; (2)
felony or misdemeanor conviction of any crime involving moral turpitude; (3) violation of duties
to the community of honesty and sobriety; (4) any other act(s) of a similar nature which bring
discredit to the City.
Should the Human Resources Director be permanently disabled or otherwise unable to perform
his duties because of sickness, accident, injury, mental incapacity or health for a period of four
successive weeks beyond any accrued leave, the Board of Commissioners shall have the right to
terminate this Agreement subject to the severance provisions of this section.
14. GENERAL PROVISIONS
The text herein shall constitute the entire Agreement between the parties.
This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors
of the Human Resources Director.
This Agreement shall become effective upon adoption and approval of the Board of
Commissioners of the City of Paducah.
If any provision, or any portion thereof, contained in this Agreement is held unconstitutional,
invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall not be
affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the Board of Commissioners of the City of Paducah has caused this
Agreement to be executed on its behalf by the City's Mayor, and Martin Russell executed this
Agreement as Human Resources Director this day of 2017.
Brandi Harless, Mayor
City of Paducah, Kentucky
ATTEST:
Tammy Sanderson, City Clerk
l
Martin Russell
Human Resources Director
Agenda Action Form
Paducah City Commission
Meeting Date: 19 December 2017
Short Title: FLOODWALL PUMP STATION #2 REHABILITATION — CLEAN WATER STATE REVOLVING FUND (CWSRF)
LOAN APPLICATION
❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Rick Murphy, Sheryl Chino
Presentation By: Rick Murphy
Background Information: In 1989, KRS Chapter 224A and 200 KAR 17:050 were enacted to begin a new financial program for
construction of wastewater projects. Construction grant program funds were no longer available from the U.S, Environmental
Protection Agency (EPA) for new projects, and financial assistance was still greatly needed for communities to comply with the
Clean Water Act.
The CWSRF, also referred to as Fund A, is a 20 or 30 year loan program for planning, design and construction of wastewater
infrastructure projects, storm water projects and nonpoint source projects.
The Engineering Department is proposing to submit a CWSRF application to the Kentucky Infrastructure Authority (KIA) for
Floodwall Pump Station #2 project. Improvements include: replacement of pump plant discharge pipes; rehabilitation of various
mechanical components of all seven pumps and motors; replacement of the sluice gate; and, various appurtenances.
The City of Paducah qualifies for a Fund A loan up to $5,105,000 for this project. This loan will have an interest rate of 0.75%
with a 20 year term and qualifies for principal forgiveness for an amount not yet determined. Other grant funding has been
awarded to this project, lowering the amount of loan funding needed for the project. The project funding breakdown is:
CDBG $1,000,000
DRA CIF $ 400,000
CWSRF Loan $3,713,000
Total Project Cost $5,105,000
Before EPW can begin the bidding process, it is essential to secure the final funding needed to complete the project through the
CWSRF program.
Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Account Name:
Account Number:
Project Number: F'nance
CFDA:
Staff Recommendation: Authorize and direct the mayor to execute all CWSRF loan related documents.
Attachment : None
12Z
Dep4 ment Hea
City Clerk
ity Manager
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING AN APPLICATION THROUGH THE
KENTUCKY ENERGY AND ENVIRONMENT CABINET AND KENTUCKY INFRASTRUCTURE
AUTHORITY TO OBTAIN A CLEAN WATER STATE REVOLVING FUND LOAN FOR THE
FLOODWALL PUMP STATION #2 PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE
ALL DOCUMENTS RELATING TO SAME
WHEREAS, under the terms of Title VI of the Water Quality Act of 1987 and
amendments to KRS 224A, the State is authorized to render financial assistance to eligible project
applicants by way of capitalization grants from the U.S. Environmental Protection Agency and State
Match funds comprising the Federally Assisted Wastewater Revolving Fund (State Revolving Loan
Program) established to aid in the construction of wastewater treatment facilities improvements and
certain related facilities with consideration for the approval to be based on applications submitted through
the Kentucky Energy and Environment Cabinet and the Kentucky Infrastructure Authority; and
WHEREAS, the City of Paducah proposes to provide improvements such as upgraded
pump plant discharge pipes, rehabilitation of mechanical components and replacement of the sluice gate
for the Pump Station #2 Rehabilitation Project which are considered eligible for such loan assistance; and
WHEREAS, the City of Paducah now wishes to authorize the loan application to obtain a
Clean Water State Revolving Fund Loan.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah hereby authorizes the submission of an application
through the Kentucky Energy and Environment Cabinet and Kentucky Infrastructure Authority to obtain a
Clean Water State Revolving Fund Loan in the amount of $3,713,000 for improvements for the Floodwall
Pump Station 92 Project and authorizes the Mayor to execute all loan application documents relating to
same.
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 Commissioners, December 19, 2017
Recorded by Tammara S. Sanderson, City Clerk, December 19, 2017
\M0\Purnp Station 2 Clean Water State Revolving Fund Loan Application
Agenda Action Form
Paducah City Commission
Meeting Date: December 19th, 2017
Short Title: Contract with ESRI for a Multi -Jurisdictional Enterprise License
Agreement with McCracken and Paducah Geographic Information System
consortium members
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Stephen Chino
Presentation By: Stephen Chino
Background Information:
In 1999, the McCracken and Paducah Geographic Information System (MAP—GIS) was
formed in order that the member agencies could coordinate their efforts in the development
and maintenance of a computer mapping system for McCracken County. The partnership
between McCracken County, the City of Paducah, Paducah Water, Paducah Power, E911,
and the Joint Sewer Agency continues this strong development partnership by continuing an
agreement with the computer mapping GIS software vendor ESRI. This contract allows the
MAP—GIS member agencies to pool together its software licenses and leverage funds
previously paid in maintenance to ESRI, which has resulted in an annual savings of over
$100,000 per year between the six agencies. The contract allows each agency to obtain
virtually unlimited licensed copies of most all software offered by ESRI: In doing so, each
MAP—GIS member agency has available the full potential of the ESRI GIS computer
mapping software unlocking many new opportunities for development of each of the
members' systems. This contract will continue the agreement among the consortium agencies
for another three year contract period from January 1, 2018 through December 31, 2020.
The Multi -Jurisdictional License Agreement is a 3 year agreement at $60,000 per year
($180,000 total). The City will be the administrator of the licenses and the contract and the
consortium members are named as additional licensed entities. Through the Interlocal
Agreement, each member agency will be billed a percentage of the total $60,000 based on
the current amount of licenses they hold. The City's portion for each Fiscal Year 2018, 2019,
and 2020 will be $14,613.49. This represents a decrease of $1,442.50 for the City's portion.
This decrease of the City's portion is due to the increased license level participation by
McCracken County. The remaining $45,386.51 will be paid from the MAP—GIS project
account for the participating consortium members.
Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods[] Restored Downtowns
Agenda Action Form Page 2
Funds Available: Account Name: Computer Software Maintenance 1
Account Number:1000-05-0501-GG-00000-00000-522020 I
Account Name: MAP—GIS Project Account
Account Number: GIS001-000-20000-20016
Staff Recommendation:
Adopt an Ordinance authorizing the execution of a contract between the City of Paducah and
the members of the MAP—GIS Consortium for the acquisition and administration of a Multi -
Jurisdictional Enterprise License Agreement with ESRI and authorizing the Mayor to execute
documents relating to the ELA.
Attachments:
Quote from ESRI for a Small Government Term License Agreement
Multi -Jurisdictional Enterprise License Agreement
Interlocal Agreement between all members of the MAP—GIS Consortium
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING A CONTRACT BETWEEN ESRI
AND THE CITY, ON BEHALF OF THE MEMBERS OF THE MAP—GIS CONSORTIUM,
FOR A MULTI -JURISDICTIONAL ENTERPRISE LICENSE AGREEMENT
WHEREAS, McCracken County, the City of Paducah, Paducah Water, Paducah
Power, E911, and the Joint Sewer Agency formed a consortium named MAP—GIS through an
Interlocal Agreement in order to coordinate their efforts in the development and maintenance of a
computer mapping system for McCracken County; and
WHEREAS, in 2011, the City, on behalf of the consortium, entered into an
agreement with ESRI, a computer mapping GIS software vendor, for a Multi -Jurisdictional
Enterprise License; and
WHEREAS, in 2014, the contract was executed for another 3 year period,
beginning in January 1, 2015 and ending December 31, 2017; and
years.
WHEREAS, MAP—GIS wishes to continue services with ESRI for another 3
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute a contract with
ESRI for the acquisition and administration of a Multi -Jurisdictional Enterprise License
Agreement with the City on behalf of the members of the MAP—GIS Consortium, in an amount
not to exceed $60,000, per year, total of $180,000 for a 3 year agreement. The contract will
become effective January 1, 2018 and end December 31, 2020.
SECTION 2. Funds for this expenditure shall be charged to the following
accounts: Computer Software Maintenance
Account Number: 1000 -05 -0501 -GG -00000-00000-522020
Account Name: MAP—GIS Project Account
Account Number: GIS001-000-20000-20016
SECTION 3. This Order will 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 Commissioners, December 19, 2017
Recorded by Tammara S. Sanderson, City Clerk, December 19, 2017
Uno\agree-FSRI-2018-2020
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: 909-793-2853 Fax: 909-307-3049
DUNS Number: 06-313-4175 CAGE Code: OAMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.
Quote is valid from: 10/17/2017 To: 01/15/2018
Quotation # 20517029
Date: October 17, 2017
Customer # 228267 Contract #
McCracken & Paducah Geographic
Information System Map GIS
300 S 5th St
Paducah, KY 42003
ATTENTION: Stephen Chino
PHONE: (270) 444-8622
FAX (270) 444-8689
If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax
Earl the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional
information is required to complete your request.
If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having
issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.
In order to expedite processing, please reference the quotation number and anytall applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA,
BPA) on your ordering document.
BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING
ESRI TO ISSUE -AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $ PLUS SALES TAXES IF
APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING
PAPERWORK.
Please check one of the following:
_ I agree to pay any applicable sales tax.
_ I am tax exempt, please contact me if exempt information is not currently on file with Esri
Signature of Authorized Representative Date
Name (Please Print)
Title
The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchaseA cense. This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esril.
Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri
reserves the night to adjust and collect sales andter use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must
provide Esn with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
IFor questions contact: David Smith Email: david smithaesri.com Phone: (614) 933-8698 x5502 i
The items on this quotation are subject to the terms of this quotation and of your signed agreement with Esri, if applicable. If no such agreement covers
any item, then Esrrs standard terms and conditions found at http://www.esri.com/legal/software-license apply to your purchase of that item. Federal
government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esrrs GSA Federal Supply
Schedule. Acceptance of this quotation is limited to the terms of this quotation. State and local government entities in California or Maryland buying
under the State Contract are also subject to the terms and conditions found at http:lt v .esri.com/legal/supplemental-terms-and-conditions. Esri objects
to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms
of this quotation will be incorporated into and become pad of any additional agreement regarding Esn's offerings.
If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90074-1076
SMITHD This offer is limited to the terms and conditions incorporated and attached herein.
i' AIL
Esri Use Only:
Cust. Name
Cost. #
PO#
Esri Agreement #
Esd, 380 New York St, Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-3)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems
Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and
(ii) the License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise
this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and
(iii) the License Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in
which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall
govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the
Products listed in Table A.
Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArCG1S
Workflow Manager
Enterprise optional servers
ArcGIS Image Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS
Spatial Analyst, ArcGIS Engine Geodatabase Update,
ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) annual Professional subscription to ArcGIS
Developer*
Two (2) Esri CityEngine Advanced Single Use Licenses
250 Level 1 ArcGIS Online Named Users
250 Level 2 ArcGIS Online Named Users
37,500 ArcGIS Online Service Credits
250 Level 1 ArcGIS Enterprise Named Users
250 Level 2 ArcGIS Enterprise Named Users
5 Insights for ArcGIS
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 4
Number of Tier I Help Desk individuals authorized to call Esri 4
Maximum number of sets of backup media, if requested** 2
Self -Paced e -Learning Uncapped
Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities
purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.)
* Maintenance is not provided for these items
**Additional sets of backup media may be purchased for a fee
Page l of 5 03/03/2017
Customer may accept this Agreement by signing and returning the whole Agreement with a signed sales quotation, purchase
order, or other document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL
OR CONFLICTING TERMS IN CUSTOMER'S ORDERING DOCUMENT WILL NOT APPLY, AND THE
TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of
Customer's Ordering Document incorporating this Agreement by reference, unless otherwise agreed to by the parties
("Effective Date").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between
the parties relating to the licensing of the Products. Except as provided in Article 4—Product Updates, no modifications can
be made to this Agreement.
Accepted and Agreed
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
Contact:
Address:
City, State, Postal Code:
Country:
Quotation Number (if applicable):
CUSTOMER CONTACT INFORMATION
Telephone:
Fax:
Page 2 of 5 03/03/2017
1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the License
Agreement, the following definitions apply to this
Agreement:
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's organization(s).
"Bee" means the fee set forth in the Quotation
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational or
functional performance.
"License Agreement" means the applicable license
agreement for Esri Products incorporated by this
reference that is (i) found at
http://www.esri.com/leeaUsoftware-license and available
in the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri license
agreement that supersedes such electronically
acknowledged license agreement.
"Maintenance" means Tier 2 Support, Product updates,
and Product patches provided to Customer during the
Term of Agreement.
"Product(s)" means the products identified in Table A—
List of Products and any updates to the list Esri provides
in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical assistance for
attempting resolution of a reported Case through error
correction, patches, hot fixes, workarounds, replacement
deliveries, or any other type of Product corrections or
modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier I Support within Customer's
organization(s).
"Tier 1 Support" means the Technical Support provided
by the Tier 1 Help Desk.
"Tier 2 Support" means the Technical Support provided
to the Tier I Help Desk when a Case cannot be resolved
through Tier 1 Support. Customer will receive Tier 2
Support from Esri.
2.0 -ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive, nontransferable
license solely to use, copy, and Deploy quantities of
the Products listed in Table A—List of Products for
the term provided on the first page (i) for the
applicable Fee and (ii) in accordance with the
License Agreement.
2.2 Consultant Access. Esri grants Customer the right to
permit Customer's consultants or contractors to use
the Products exclusively for Customer's benefit.
Customer will be solely responsible for compliance
by consultants and contractors with this Agreement
and will ensure that the consultant or contractor
discontinues use of Products upon completion of
work for Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may not
permit its consultants or contractors to install
Software or Data on consultant, contractor, or third -
party computers or remove Software or Data from
Customer locations, except for the purpose of hosting
the Software or Data on Contractor Servers for the
benefit of Customer.
3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses hereunder
will commence on the Effective Date and continue
for the duration identified in the Term of Agreement,
unless this Agreement is terminated earlier as
provided herein. Customer is only authorized to use
Products during the Term of Agreement. For an
Agreement with a limited term, Esri does not grant
Customer an indefinite or a perpetual license to
Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all Maintenance,
and Esri User Conference registrations terminate on
expiration or termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material breach
by the other party. The breaching party will have
thirty (30) days from the date of written notice to
cure any material breach.
3.4 Termination for Lack of Funds. For an Agreement
with government or government-owned entities,
either party may terminate this Agreement before any
subsequent year if Customer is unable to secure
funding through the legislative or governing body's
approval process.
Page 3 of 5
03/03/2017
3. At a minimum, Tier 1 Support will include those
3.5
Follow-on Term. If the parties enter into another
activities that assist the user in resolving how-to
agreement substantially similar to this Agreement for
and operational questions as well as questions on
an additional term, the effective date of the follow-on
installation and troubleshooting procedures.
agreement will be the day after the expiration date of
this Agreement.
4.
The Tier 1 Help Desk will be the initial points of
contact for all questions and reporting of a Case.
The Tier 1 Help Desk will obtain a full
4.0
-PRODUCT UPDATES
description of each reported Case and the system
configuration from the user. This may include
4.1
Future Updates. Esri reserves the right to update the
obtaining any customizations, code samples, or
list of Products in Table A—List of Products by
data involved in the Case. The Tier 1 Help Desk
providing written notice to Customer. Customer may
may also use any other information and
continue to use all Products that have been Deployed,
databases that may be developed to satisfactorily
but support and upgrades for deleted items may not
resolve the Case.
be available. As new Products are incorporated into
the standard program, they will be offered to
5.
If the Tier I Help Desk cannot resolve the Case,
Customer via written notice for incorporation into the
an authorized Tier 1 Help Desk individual may
Products schedule at no additional charge. Customer's
contact Tier 2 Support. The Tier 1 Help Desk
use of new or updated Products requires Customer to
will provide support in such a way as to
adhere to applicable additional or revised terms and
minimize repeat calls and make solutions to
conditions of the License Agreement.
problems available to Customer.
4.2
Product Life Cycle. During the Term of Agreement,
6.
Tier 1 Help Desk individuals are the only
some Products may be retired or may no longer be
individuals authorized to contact Tier 2 Support.
available to Deploy in the identified quantities.
Customer may change the Tier 1 Help Desk
Maintenance will be subject to the individual Product
individuals by written notice to Esri.
Life Cycle Support Status and Product Life Cycle
Support Policy, which can be found at
b. Tier 2 Support
http://support.esri.com/en/content
/productlifecvcles. Updates for Products in the
1.
Tier 2 Support will log the calls received from
mature and retired phases may not be available.
Tier 1 Help Desk.
Customer may continue to use Products already
Deployed during the Term of Agreement, but
2.
Tier 2 Support will review all information
Customer will not be able to Deploy retired Products.
collected by and received from the Tier I Help
Desk including preliminary documented
5.0
-MAINTENANCE
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
The Fee includes standard maintenance benefits during
the Term of Agreement as specified in the most current
applicable Esri Maintenance and Support Program
document (found at htip://NvwNv.esri.com/legal). At Esri s
sole discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other than
the defined Products will receive Maintenance. Customer
may acquire maintenance for other Software outside this
Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support through
the Tier 1 Help Desk to all Customer's
authorized users.
2. The Tier 1 Help Desk will be Rilly trained in the
Products.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or answers
to additional questions to supplement any
preliminary information gathering or
troubleshooting performed by Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the Case
submitted by Tier 1 Help Desk.
5. When the Case is resolved, Tier 2 Support will
communicate the information to Tier 1 Help
Desk, and Tier 1 Help Desk will disseminate the
resolution to the user(s).
Page 4 of 5 03/03/2017
6.0 -ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted as an
exclusive dealings agreement or Customer's endorsement
of Products. Either party may publicize the existence of
this Agreement.
7.0—ADD'IhNISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri s OEM or Solution OEM
programs, OEM partners are authorized to embed or
bundle portions of Esri products and services with
their application or service. OEM partners' business
model, licensing terms and conditions, and pricing
are independent of this Agreement. Customer will not
seek any discount from the OEM partner or Esri
based on the availability of Products under this
Agreement. Customer will not decouple Esri products
or services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days prior
to the expiration date of this Agreement, Customer
will provide Esri with a written report detailing all
Deployments. Upon request, Customer will provide
records sufficient to verify the accuracy of the annual
report.
8.0 -ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice Customer
and provide Authorization Codes to activate the
nondestructive copy protection program that enables
Customer to download, operate, or allow access to
the Products. If this is a multi-year Agreement, Esri
may invoice the Fee before the annual anniversary
date for each additional year.
b. Undisputed invoices will be due and payable within
thirty (30) calendar days from the date of invoice.
Esri's federal ED number is 95-2775-732.
c. If requested, Esri will ship backup media to the ship -
to address identified on the Ordering Document, FOB
Destination, with shipping charges prepaid. Customer
acknowledges that should sales or use taxes become
due as a result of any shipments of tangible media,
Esri has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt of
tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer may
submit a purchase order in accordance with its own
process requirements, provided that if Customer
issues a purchase order, Customer will submit its
initial purchase order on the Effective Date. If this is
a multi-year Agreement, Customer will submit
subsequent purchase orders to Esri at least thirty (30)
calendar days before the annual anniversary date for
each additional year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point of
contact.
b. The following information will be included in each
Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill -to and ship -to addresses
(2) Order number
(3) Applicable annual payment due
9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will notify
Esri in writing in the event of (i) a consolidation, merger,
or reorganization of Customer with or into another
corporation or entity; (ii) Customer's acquisition of
another entity; or (iii) a transfer or sale of all or part of
Customer's organization (subsections i, ii, and iii,
collectively referred to as "Ownership Change"). There
will be no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the cumulative
program count beyond the maximum level for this
Agreement, Esri reserves the right to increase the Fee
or terminate this Agreement and the parties will
negotiate a new agreement.
9.2 If an Ownership Change results in transfer or sale of
a portion of Customer's organization, that portion of
Customer's organization will transfer the Products to
Customer or uninstall, remove, and destroy all copies
of the Products.
9.3 This Agreement may not be assigned to a successor
entity as a result of an Ownership Change unless
approved by Esri in writing in advance. If the
assignment to the new entity is not approved,
Customer will require any successor entity to
uninstall, remove, and destroy the Products. This
Agreement will terminate upon such Ownership
Change.
Page 5 of 5
03/03/2017
142785
INTERLOCAL AGREEMENT FOR PURCHASE OF AN ESRI SOFTWARE ENTERPRISE LICENSE AGREEMENT
FOR MEMBERS OF THE MCCRACKEN AND PADUCAH GIS CONSORTIUM
THIS AGREEMENT made and executed by and between MCCRACKEN COUNTY, KENTUCKY ("McCracken
County'), CITY OF PADUCAH, KENTUCKY ("City of Paducah"), PADUCAH WATER ("Paducah Water'),
PADUCAH POWER ("Paducah Power"), PADUCAH-MCCRACKEN COUNTY EMERGENCY COMMUNICATION
SERVICE BOARD ("E-911"), and the PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY ("JSA").
W ITN ESETH:
WHEREAS, McCracken County, City of Paducah, Paducah Water, and Paducah Power entered
into an interlocal agreement adopted by a McCracken Fiscal Court Order on March 9, 1999 and adopted
by City of Paducah by Ordinance No. 99-1-5988, whereby the parties coordinated their efforts in the
development and maintenance of a Geographic Information System (GIS) for the mapping of McCracken
County, Kentucky.
WHEREAS, E-911 was amended as a participating agency through an addendum to the interlocal
agreement dated August 22, 2002.
WHEREAS, ISA was amended as a participating agency through an addendum to the interlocal
agreement dated August 17, 2004.
WHEREAS, the parties to the aforesaid interlocal agreement operate generally under the
assumed name of MAP—GIS Consortium.
WHEREAS, GIS is recognized as a tool for accomplishing resource efficiency and collaborative
data development in McCracken County and serves a valid public purpose.
WHEREAS, GIS has become an integral part of the operations of the members of the MAP—GIS
Consortium.
WHEREAS, the services of the City as described herein are for the direct benefit of all of the
members of the MAP—GIS Consortium.
WHEREAS, currently the City, Paducah Water, Paducah Power, and JSA each have individual
contracts with the Environmental Systems Research Institute, Inc., ("ESRI") for the use of certain ESRI
software licenses; and
WHEREAS, McCracken County, City of Paducah, Paducah Water, Paducah Power, E-911, and JSA
as members of the MAP—GIS Consortium desire to cooperatively join together and contract with ESRI for
a Multi -Jurisdictional Enterprise License Agreement that each member may have the right to use.
NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants as
herein set forth, the parties do covenant and agree as follows:
10/14/2011 Page 1 of 6
SECTION 1: PURPOSE Pursuant to the Kentucky Interlocal Cooperation Act KRS
65.210, et seq., McCracken County, City of Paducah, Paducah Water, Paducah Power, E-911, and JSA do
hereby cooperatively authorize the City of Paducah on behalf of the members of the MAP -GIS
Consortium to enter into an ESRI Multi -Jurisdictional Enterprise License Agreement in order for each
member to have the right to use, deploy, and administer certain ESRI software licenses for a initial term
of three years and to negotiate subsequent agreements with ESRI for the continued right to use and
deploy certain ESRI software licenses after the expiration of the initial term.
SECTION 2: ADMINISTRATION The ESRI Multi -Jurisdictional Enterprise License
Agreement including software licenses shall be administered by the City of Paducah. The City of Paducah
shall also be responsible for billing each member of the MAP -GIS Consortium their proportionate share
of all fees and costs incurred under the ESRI Multi -Jurisdictional Enterprise License Agreement as set
forth in Sections 3 and 4. No party to this Agreement shall be required to pay compensation to any
other party for services rendered hereunder. No property shall be acquired pursuant to this Agreement
which will need to be disposed of upon a complete or partial termination of this Agreement.
SECTION 3: BUDGET -FUNDING FOR INITIAL CONTRACT Each member of the MAP -GIS
Consortium shall be responsible for their proportionate share of all fees and costs incurred under the
ESRI Multi -Jurisdictional Enterprise License Agreement and any renewals or extensions thereto. Each
members funding percentage during the initial 3 year term of the ESRI Multi -Jurisdictional Enterprise
License Agreement is based upon the fees and costs each member is currently (as of October 2011)
paying ESRI under their separate contract for the use of the ESRI software licenses. The annual funding
payments shall be due within fifteen (15) days of receipt of the billing invoice. The funding percentages
below will be used for the initial three year term of the ESRI Multi -Jurisdictional Enterprise License
Agreement:
Agency
City of Paducah
McCracken County
E-911
Paducah Water
Paducah Power
JSA
Annual
Funding Percentage
36.21%
2.29%
3.39%
11.33%
32.73%
14.06%
Estimated Annual
Funding Payment
$18,103.50
$1,144.34
$1,693.63,
$5,663.58
$16,365.02
$7,029.93
McCracken County's and E -911's percentage share of the fees and costs incurred during the initial three
year term of the ESRI Multi -Jurisdictional Enterprise License Agreement will be paid by the City of
Paducah out of the funds received from the Contract For Geographic Information Systems Services so
long as such contract continues to exist. Should McCracken County or E-911 decide at any time to utilize
the ESRI software licenses authorized through the ESRI Multi -Jurisdictional Enterprise License
Agreement, then that member shall be billed their respective funding percentage separate from the
Contract For Geographic Information Systems Services. Each member shall be entitled to a one time
10/14/2011 Page 2 of 6
credit to be applied toward the first annual funding payment for any fees and costs already paid by each
member to ESRI under their individual contracts for the same time period covered by the of the ESRI
Multi -Jurisdictional Enterprise License Agreement. The entire annual funding payment shall be due from
each member for the remaining two years of the three year term of the ESRI Multi -Jurisdictional
Enterprise License Agreement.
SECTION 4: BUDGET -FUNDING OF RENEWAL CONTRACTS Annual funding payments for
any renewal license agreement with ESRI will be negotiated among the MAP -GIS Consortium members
at the appropriate time prior to the expiration of the then current term of the ESRI Multi -Jurisdictional
Enterprise License Agreement. License usage levels will be monitored throughout the term of the ESRI
Multi -Jurisdictional Enterprise License Agreement and any renewal contracts to provide a basis on
which to evaluate amounts paid by each MAP -GIS Consortium member.
SECTION 5: RELATIONSHIP TO EXISTING INTERLOCAL AGREEMENT This Agreement is not
intended to supersede or conflict with any provision of the GIS Mapping Interlocal Agreement or the
Contract For Geographic Information Systems Services.
SECTION 6: DURATION OF AGREEMENT This Agreement shall remain in full force and
effect during the initial three year term of the ESRI Multi -Jurisdictional Enterprise License Agreement
Contract. Such term shall automatically renew for an additional period of time coinciding with any
renewal agreements with ESRI for software licenses, unless McCracken County, City of Paducah,
Paducah Water, Paducah Power, E-911, or1SA terminates this Agreement. Any member may terminate
this Agreement by providing to the other members a 12 -month prior written notification of such
member's intent to terminate this Agreement. Upon termination of this Agreement by any member, this
Agreement may continue without the terminating member at the discretion of the remaining members.
SECTION 7: MISCELLANEOUS PROVISION This Agreement represents the entire
understanding and Agreement reached between the parties, and all prior covenants, agreements,
presentations and understandings are merged herein. This Agreement shall be fully binding upon the
parties hereto and shall be deemed fully enforceable in accordance with the terms and provisions
hereof. If any provision of this Agreement shall be held invalid or unenforceable under any applicable
laws, such invalidity shall not affect any other provision of this Agreement. No party shall assign this
Agreement or any rights or obligations hereunder. This Agreement shall not be modified or altered,
except by written amendment approved by all parties hereto. Notices made or given by either party in
connection with this Agreement must be in writing to be effective. They shall be deemed given if
delivered personally (which includes notices given by messenger) or, if delivered by U.S. mail. The
validity of this Agreement and of any of its terms and provisions, as well as the rights and duties of the
parties hereunder, shall be governed by the laws of the Commonwealth of Kentucky. The venue of any
legal dispute shall be the courts of the Commonwealth of Kentucky in McCracken County.
SECTION 8: EFFECTIVE DATE The effective date of this Agreement shall be on the date when
said Agreement is executed by McCracken County, City of Paducah, Paducah Water, Paducah Power, E-
10/14/2011 Page 3 of 6
911, and JSA and approved by the Governor's Office of Local Development and the Multi -Jurisdictional
ESRI Enterprise License Agreement is signed by all parties.
WITNESS these signatures of the undersigned.
MCCRACKEN COUNTY, KENTUCKY
By.
Van Newberry, Judge-E�eG' e Date
Attest:
�9
Fiscal Court Clerk
CITY OF PADUCAH, KENTUCKY
By:
William F. Paxton III, Mayor Date
At est: Q
�JQ1/rY�/�v1Gy�L�( �1J1�-bG�
City Clerk
PADUCAH WATER
Glen Anderson, General Manager
PADUCAH POWER
l Al
Date
By.
David Clark, General Manager Date
10/14/2011 Page 4 of 6
PADUCAH/MCCRACKEN COUNTY E-911 EMERGENCY COMMUNICATION SERVICES ("E-911")
By
Steve Kyle, ChairYgW Date
PADUCAH MCCRACKEN COUNTY JOINT SEWER AGENCY (" JSA")
Y�
JohHo ges, Executi a irector Date
This instrument was prepared by:
DENTON & KEULER, ICIP
P.O. BOX 929
PADUCAH KY42OO2-0929
www.dklaw.com
10/14/2011 Page 5 of 6
COMMONWEALTH OF KENTUCKY
OFFICE OF THE ATTORNEY GENERAL
700 CAPITAL AVENUE, SUITE 118
FRANKFORT, KENTUCKY 40601-3449
(502) 696-5300
INTERLOCAL COOPERATION AGREEMENT
Between
MCCRACKEN COUNTY, KENTUCKY, CITY OF PADUCAH, KENTUCKY, PADUCAH WATER, PADUCAH POWER,
PADUCAH-MCCRACKEN COUNTY EMERGENCY COMMUNICATION SERVICE BOARD,
and the PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY
Approved 201
ack Conway,ayAttorney/General
RECE,VEaD AND FILED
C , za za 1 s
DATE
ALISON LUNDERGAN GRIMES
SECRETARY OF STATE
CO WEALT .a UCKY
BY
10/14/2011 Page 6 of 6
Agenda Action Form
Paducah City Commission
Meeting Date: 19 December 2017
Short Title: Kentucky League of Cities Liability Grant Program grant receipt
❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Mark Thompson, Adam Shull
Presentation By: Mark Thompson
Background Information: The Parks and Recreation Department was awarded a $3,000 Kentucky League of Cities
Insurance Services (KLCIS) matching grant to go toward the purchase of a new GameTime drum circle for the Noble
Park Boundless Playground. The total cost of the drum circle is $7,009.47 and the FY18 Parks Services budget will
pay the difference, which satisfies the grant program's 50/50 match requirement. The Board of Commissioners
adopted Municipal Order 2036 approving the grant application on October 24, 2017.
Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Account Name: 7
Account Number:
Project Number: jl(anee
Staff Recommendation: Authorize and direct the Mayor to sign all required grant application documents.
100jal(WIW.1MEN .70 aM01[�7
A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH KENTUCKY
LEAGUE OF CITIES INSURANCE SERVICES FOR THE PURCHASE OF NEW PLAYGROUND
EQUIPMENT — A GAMETIME DRUM CIRCLE FOR THE NOBLE PARK BOUNDLESS
PLAYGROUND, AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT
AND ALL DOCUMENTS RELATING TO SAME
WHEREAS, the City of Paducah applied for a Kentucky League of Cities Liability
Grant, adopted by Municipal Order No. 2036 on October 24, 2017, to be used to purchase a GameTime
drum circle (playground equipment) for the Noble Park Boundless Playground; and
WHEREAS, Kentucky League of Cities Insurance Services has approved the application
and is now ready to award this grant.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby accepts grant funds in the amount of
$3,000 through Kentucky League of Cities Insurance Services matching grant for the purchase of a new
GameTime drum circle (playground equipment) for the Noble Park Boundless Playground. The required
50150 local match will be charged to the FYI Parks Services budget.
SECTION 2. That the City hereby authorizes the Mayor's execution of the Grant
Agreement with Kentucky League of Cities Insurance Services.
SECTION 3. This order shall be in full force and effect from and after the date of its
adoption.
Mayor
ATTEST:
Tammara Sanderson, City Clerk
Adopted by the Board of Commissioners December 19, 2017
Recorded by Tammara Sanderson, City Clerk, December 19, 2017
MO\grants\award-KLC liability grant — playground equipment
Agenda Action Form
Paducah City Commission
Meeting Date: 19 December 2017
Short Title: Approve Agreement for Oak Grove Cemetery Burial Services
❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Mark Thompson
Presentation By: Mark Thompson
Background Information: The Parks and Recreation Department advertised between November 30 and December
7 for requests for proposals to provide burial services at Oak Grove Cemetery. A single proposal was received and
opened on December 7 at 3:OOPM. Wilbert Vault provided the sole response to this request. Wilber Vault has
delivered these services in a quality manner for the last twenty years. By law franchise agreements can last a
maximum of twenty years. In this agreement Wilbert Vault will provide services for ten years with a City option for a
five year renewal. The City will receive an annual payment to the cemetery maintenance fund of $500 from Wilbert
Vault.
Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Account Name: Private -Other -Wilbert
Account Number: 1
Project Number: PF0048 Finance
Staff Recommendation: Authorize and direct the Mayor to sign the agreement
Attachments: z4p documents and agreement with proposed pricing
Head I Citv Clerk
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN WILBERT VAULT COMPANY AND THE
CITY OF PADUCAH FOR BURIAL SERVICES AT OAK GROVE CEMETERY
WHEREAS, the City is the present owner of a cemetery generally known as "Oak
Grove Cemetery", located in the City of Paducah; and
WHEREAS, the City does not desire to continue to be involved with performing
burial services at said cemetery; and
cemetery; and
WHEREAS, Wilbert Vault Company desires to provide burial services at said
WHEREAS, the parties have reached an understanding regarding the foregoing
and do now desire to render such understanding in writing.
BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH,KENTUCKY:
SECTION 1. That the City of Paducah accepts the proposal of Wilbert Vault
Company of Paducah, Inc., to provide all burial services for individuals who desire to have burial
services at Oak Grove Cemetery, said proposal being in substantial compliance with the
specifications included in the agreement.
SECTION 2. Wilbert Vault shall pay to the City a yearly fee of five hundred
dollars ($500), said fees will be deposited into project account PF0048.
SECTION 3. The Mayor is hereby authorized to execute an agreement and with
Wilbert Vault Company of Paducah, Inc., for providing burial services at Oak Grove Cemetery,
as set out in Section 1 above. The initial term of the agreement shall last ten (10) years from the
execution date of the Agreement and following the initial term, the City shall have the option to
extend the Agreement for an additional (5) year term. Further, the Mayor is hereby authorized to
execute the extension should the City exercise its option.
SECTION 4. This Order will 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 Commissioners, December 19, 2017
Recorded by Tammara S. Sanderson, City Clerk, December 19, 2017
\mo\agree-cemetery burial services
AGREEMENT
THIS AGREEMENT made and execute
December 2017, by and between the CITY OF PAD;
second class of the Commonwealth of Kentucky, hereic
Wilbert Vault Company of Paducah, Inc. her,
WITNESSETH:'
WHEREAS, the City is the present owner of a
Grove Cemetery" located in Paducah, Kentucky; and
WHEREAS, within said cemetery are various b
the City or by others; and
WHEREAS. from time to time, various
services at the cemetery; and
WHEREAS, the City does not desire to be
at Oak Grove Cemetery; and
WHEREAS, Vault desires to provide burial
\NTTEREAS, the parties have reached an
do now desire to render such understanding in writing.
this 7th day of
KENTUCKY, a city of the
referred to as "City," and
r referred to as "Vault."
generally known as "Oak
lots which are either owned by
the City to provide burial
with performing burial services
at said cemetery: and
regarding the foregoing, and
NOW, THEREFORE, in consideration of the fol-egoing premises, and for valuable
consideration, the legal adequacy and sufficiency of which is hereby acknowledged by all parties
hereto, the parties do covenant and agree as follows:
1. Scope of Work. Vault; as an independentcontractor, shall have the complete
and exclusive responsibility of perfonning all burial services for individuals who desire to have
burial services at the cemetery. In the event any person'; contacts the City regarding the
procurement of burial services, the City shall refer such person, or persons to Vault.
Vault shall perform all burial services which are necessary to effectuate and
complete a proper burial. Such services shall include but;nuK be limited to excavation work,
internment, fill, and restoration work. Vault shall vacate the burial site in an aesthetically pleasant
and neat manner. Vault shall perform all work in a evorkrmanlike manner.
Vault may contract necessary personnel to assist Vault in performing its work
activities, which personnel shall be considered the direct and actual contract labor of Vault, and in
no event shall be considered the employees of the City
Supervise personnel employed by it.
Vault shall supervise and direct the Evork
Vault shall be solely responsible for all means, methods, to
the work.
Vault shall at all time keep the cemetery free E
caused by its operations. At the completion of each work da;
materials from the cemetery site as well as its tools, equipment
Vault shall be fully and completely res
omissions of himself and any personnel contracted by him.
2. Compensation. Vault shall pay to the
yearly fee of five hundred dollars (5500). Vault shall be eni
burial services rendered as approved by the City at its dis
charges is attached hereto as Appendix "A." All price ch
notification period. Only one price change is permitted
allowable price increase of 2%. Vault is to receive pay
directly from the flmeral home.
shall at all times control and
tult's best skill and attention.
sequences, and procedures for
emulation of waste materials
shall remove all of its waste
to the City for the acts and
Cemetery Maintenance Fund a
charge such compensation for
i. A schedule of the approved
are subject to a thirty (30) clay
alendar year with a maximum
nor the aforementioned charges
3. Term. The initial term of this agreement shall last ten (10) years from the
execution date of this Agreement. Following the initial termjthe, City shall have the option to
extend this Agreement for an additional five (5) year term. Hovyevgr, either party may terminate this
agreement for any reason upon 30 -days written notice to the other, party.
4. Default. If either party should default in the performance of any of its
obligations under this Aareement, then the non -defaulting or non -breaching patty will have the
right to terminate this Agreement immediately upon written notice to the other party, and proceed
with its remedies in law or equity.
5. Protection of Existing Vegetation and Structures. Vault shall preserve and
protect all vegetation, such as trees, shrubs, and grass on or adjacent to any burial site. If any limbs
or branches of trees are broken during performance of this contract. or by careless operation of
equipment, or by worlanen, Vault shall trim those limbs and branches with a clean cut and paint the
cut with a tree priming compound as directed by the City. Additionally, Vault shall protect from
damage all existing improvements and structures located near any burial site.
6. Indemnification --Insurance. Vault shall indernnify and hold harmless the City
and the City's agents, employees, lessees, and invitees from and against all claims, damages, losses,
and expenses for personal injury, death, or destruction of property. including all court costs and
attorney fees, which arise out of or result from any workers': compensation claim or from the
performance of the work, directly or indirectly, of any negligent tick or omission of Vault, or anyone
directly or indirectly contracted by Vault, or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by the City.
Vault shall procure and maintain workers' comb
and comprehensive general liability insurance affording prot�
shall be named an additional insured by Vault. Vault covenan
at all times be covered by workers' compensation coverage. I
aforementioned insurance policies in such manner as to best pro
Notwithstanding the foregoing, Vault shall nt
compensation coverage for contracted labor for which Kentn
compensation coverage.
7. Miscellaneous provisions.
a This agreement shall be governed under 1
Kentucky.
a. This agreement and any obligations as set f
either party unless the prior written consent of the other is first t
a. This agreement represents the entire ur
and all promises, representations, and statements are con
binding upon the parties hereto, their heirs, successors, and
IN WITNESS WHEREOF, the parties have e:
first above written.
3
ition insurance for its personnel
n of at least $1,000,000. City
the City that all personnel shall
ity shall be named in any of the
the interest of the City.
required to procure workers'
law does not require workers'
laws of the Commonwealth of
herein shall not be assigned by
by and between the parties,
1. This agreement shall be
this a0reement on the date
CITY OF PADUCAH, KENTUCKY
sy
Title
Company ilbert Vault Company of Paducab, Ina
)W
e
Q11 l�ii AIAA //Timet, L/.a Dennis
Ti
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
The foregoins instrument -,gas acknowledged)
, 2017, by
(title) of the City of Paducah, Kentucky, on behalf of said city.
My commission expires
Notary Public, State at Large
4
me on this day of
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
The foregoing instrument was acknowledged bt
2017, by
(title) of
My commission expires
Notary Public, State at Large
This instrument prepared by:
DENTON LAW FIRM
P. O. Bot 969
Paducah, KY 42002-0929
208866
fore ane on this
day of
Wilbert Vault Co. of Paducah,
PRICE LIST
FOR
OAKGROVECEMETAR
Effective 1/1/2018
Regular Grave Opening*
Oversize Grave Opening*"
Large Oversize Grave Opening*"*
Small Grave Opening**"*
Tent & Equipment *****
Saturday & Sunday Extra Charge
Holiday Extra Charge (List Below)
New Years" Day, Good Friday, Memorial Day, July 4th
No Set -vices on Thanksgiving Day or Christmas Day.
Graves from 26" to 37" in width.
'* Graves from 38" to 44" in width.
Graves from 45" to 48" in width.
Graves below 26" in width.
***** Tent & Equipment charge for outer burial containers'ot:
They come with tent & equipment included.
Price
Proposed Price
230.00
300.00
280.00
450.00
340.00
600.00
115.00
150.00
130.00
345.00
50.00 45.00Sat 85.00Sun
65.00 85.00
Iiabor Day & Veterans Day.
than Wilbert Brand Name Burial Vaults.
Dennis R. Sanders
Wilbert Vault Co. of Paducah, Inc.
;Title: VP
I',
Agenda Action Form
Paducah City Commission
Meeting Date: December 12, 2017
Short Title` FINAL Revised 2016-2017 (FY2017) Budget Ordinance
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Stacee Young, Jonathan Perkins
Presentation By: Jonathan Perkins
Background Information:
This ordinance represents the final revised budget ordinance for the year 2016-
2017 (FY2017).
The FY2017 budget must be adjusted to reflect all adjustments made
throughout the fiscal year and any adjustments required by the independent
financial auditors (year-end audit adjustments). The revised budget represents
year-end housekeeping & clean up following the close of the fiscal year.
The City's CAFR (audit report) discloses the City's original adopted budget,
revised final budget and actual expenditures for the fiscal year audited all in
one place for full disclosure to the reader.
Goal: ®Strong Economy ® Quality Services® Vital Neighborhoods® Restored Downtowns
Funds Available: Account Name: NA 1 2g
Account Number: NAU)Ifinance
Staff Recommendation:
Approve the final revised 2016-2017 (FY2017) Budget Ordinance
Attachments:
FY2017 Budget Ordinance (final)
Department Head City Clerk 1ty Manager
S:Von Perkins\Word\Budget\Ordinance\Agenda Action Form (AAF) - Budget Ordinance (Final) 12-12-2017 FY2017.Doe
Agenda Action Form
Paducah City Commission
Meeting Date: 12/12/2017
Short Title: Amend Budget Ordinance to Correct Clerical Error
❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Tammara Sanderson, City Clerk
Presentation By: Tammara Sanderson, City Clerk
Background Information:
The ordinance adopted on November 28 transferred $25,000 from the General
Fund fund reserves to the Transient Boat Dock Fund. When in actuality the
ordinance language should have stated transfer monies from the Transient Boat
Dock Fund fund reserves to the Transient Boat Dock Fund.
Goal: []Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name:
Account Number: Finance
Staff Recommendation:
Amend Ordinance No. 2017-11-8503
Attachments: Ordinance No. 2017-11-8503
I
Department Head City Clerk City Manager
Agenda Action Form
Paducah City Commission
Meeting Date: December 19, 2017
Short Title: Paducah Human Rights Commission — Ordinance Repeal and Replace
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Jeff Pederson
Presentation By: Jeff Pederson
Background Information:
The Paducah Human Rights Commission was created by Municipal Ordinance in 1968 for the purpose of
safeguarding individuals through the establishment of certain classes of discrimination in the community from
which residents can bring forward and file discrimination complaints for investigation and determination by
the Commission. The HRC maintains an office in City Hall with staffing that included part time Secretary as
well as an Executive Director position that has alternated over the years between full time, part time, and
unfilled. The Board is currently comprised of nine members, and it meets monthly to review and make
determinations upon complaints of discrimination. Activities associated with receiving and investigation of
complaints have been conducted at both the Board and staff level, and the Board is also empowered to
require cessation of violations as well as issue remedial orders. The Paducah HRC has also conducted
advocacy programs focused around residents' rights in the several defined areas of discrimination.
Over the past several months, the operation of the Human Rights Commission has come under review for its
ability to effectively and correctly manage these responsibilities. Additionally, consideration has been given to
whether the present Ordinance covers all forms of discrimination that the community values. This has
resulted in the need to repeal the existing Ordinance if favor of a new Ordinance that reflects desired
additions to discriminatory categories as well as changes to administrative functions and procedures.
Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name:
Account Number: Finance
Staff Recommendation:
The attached Ordinance repeals the existing Ordinance and replaces it with an Ordinance that contains the
following substantive changes:
1. The addition of Age and Gender Identity and Sexual Orientation to the list of unlawful discriminatory
practices that are safeguarded by the Ordinance.
2. A Human Rights Commission comprised of five members (reduction from nine members).
3. Complaints made to Commission regarding race, color, religion, sex, age, familial status, handicap, or
national origin must be filed with the Kentucky Commission on Human Rights where all functions and
duties associated with the disposition of the complaint will be conducted.
Agenda Action Form Page 2
4. Complaints associated with a grievance or unlawful practice relating to gender identity or sexual
orientation will be filed with the Paducah Human Rights Commission, following which notification will
be made to the City Manager's Office and the investigation will be conducted by the HRC with
assistance from corporation counsel as necessary.
5. The HRC is obligated to conduct programs to educate the public and to promote equality for all
through community partnerships.
6. There is no provision for the position of Executive Director.
Recommend to the City Commission to repeal the existing Ordinance and pass the proposed new
Ordinance.
Attachments:
Ordinance
Department Head City Clerk CityV�u=ag�er