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HomeMy WebLinkAboutCCMPacket2013-11-12CITY COMMISSION MEETING AGENDA FOR NOVEMBER 12, 2013 5:30 P.M. ROLL CALL INVOCATION— PLEDGE NVOCATION— PLEDGE OF ALLEGIANCE—Nladdie Ybarzabal— Paducah Tilghman High School Freshman PROCLAMATION — 20+ Years in Business for Downtown & LowerTown Merchants PRESENTATION —Barkley Regional Airport Authority Audit & Update for FY2013 — R. Roof ADDITIONS/DELETIONS L MINUTES 11. MOTIONS A. R & F Documents III. APPOINTMENTS A. Tree Advisor Board B. Paducah -McCracken CouotN Senior Citizen's Board C. Paducah Planning Commission D. Board of Adjustment E. Paducah -McCracken CounqRiverport Authorit} IV. MUNICIPAL ORDERS A. Personnel Actions — C. MEDFORD B. Bridge Safe Load Capacity Posting Certification to KYTC — R. MURPHY V. ORDINANCE— INTRODUCTION A. KY Homeland SecuritN Grant A" and for Portable Radios — S. ERVIN B. Amending Zoning Ordinance: —S. ERVIN 1. Section 126-71, Off-street Parking and Loading Areas 2. Section 126-76, Zoning Regulations 3. Section 126-106, Convenience and Service Zone VL CITY MANAGER REPORT VII. MAYOR & COMMISSIONER COMMENTS Vill. PUBLIC COMMENTS IX. EXECUTIVE SESSION November 12, 2013 move that the following documents be received and filed: DOCUMENTS Transit Authority of the City of Paducah Financial Statements with Independent Auditor's Report for the Year Ended June 30, 2013 Purchase District Health Department Report on Audit of Financial Statements and Supplemental Schedules for year ended June 30, 2013 BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION /Appointment Reappointment - Joint Appointment NAME: cu A 4-�t, Joint Reappointment NAME OF BOARD OR COMMISSION: DATE TO BE PLACED ON AGENDA:gypm EXPIRATION OF TERM DATE: (, APPOINTEE'S HOME ADDRESS: Street: ( 0 1 c H: I City/Zip: - �, C a -. Phone: as U -LI LI a - a9C)c Email Address: Appointee's Business Name: Address: City/Zip: Phone: TO REPLACE ON BOARD: ' I" oyae Thank yon`1----- ^_✓Resigned ADDRESS: O-) U 1 yS") a 4 - Term Expired Other(ecplain) Cih/Zip: \", Appointee Confirmation: Date: Q By: 'C Board of Commission Approval: Original to: Tammara S. Sanderson, Cit) Clerk BOARD CHAIR'VIav": CC: file Biography—Cindy Jones Cindy Jones moved to Paducah in 1967 and graduated from Paducah Tilghman High School. She earned a BS in elementary education from the University of Kentucky and a MA degree from Murray State University in the field of environmental education. She was a teacher with the Paducah City Schools, serving as an elementary science specialist and later as a middle school biology teacher. She also taught high school biology and anatomy at Community Christian Academy. Currently, Cindy is a member of the Paducah Garden Club, where she oversaw the planting of 100 trees on Jefferson Street following the 2009 ice storm. She also serves on the Civic Beautification Board, is a member of the Kalosophic Club, and is a lay reader at Grace Episcopal Church. She is a volunteer docent at the Nature Station in the Land Between the Lakes and at the Yeiser Art Center. Cindy is the wife of Burnham Jones, mother of two boys, and grandmother of one, all of whom live in Paducah. BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION Appointment d Reappointment �. I - Joint Appointment NAME: - Joint Reappointment NAME OF BOARD OR COMMISSION:c �yAACQ -i�I_ ,I a DATE TO BE PLACED ON AGENDA: lVovonm han UI EXPIRATION OF TERM DATE: �A��9 �� 7Q I (9 APPOINTEE'S HOME ADDRESS: Street:�� a ��r� CitN/Zip: i`ti i til h 1� Y J4 �CO Phone: Email Address: Appointee's Business Name: Address: Cit}'/Zip: Phone: TO REPLACE ON BOARD: — Thank you Resigned ADDRESS: Term Expired Other (explain) City/Zip: Appointee Confirmation: Date: 10 /g A3_ Bc: Board of Commission Approval: Original to: "iammara S. Sanderson. Cit\ Clerk BOARD CHAIRMAN: CC: ftle BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION Appointment Reappointment = Joint Appointment NAME: ^� �e-vi � /t'{arri 5rm Joint Reappointment NAME OF BOARD OR COMMISSION: DATE TO 6E PLACED ON AGENDA: INovp EXPIRATION OF TERM DATE: APPOINTEE'S HOME ADDRESS: Street: -LI City/Zip:_ Phone: Email Address: CiQVt M( rrLI crn Kc,H"C.2dU Appointee's Business Name: Address: Cit}' /Zip: Phone: TO REPLACE ON BOARD: Thank you Resigned ADDRESS: _ Term Expired Other (explain) City/Zip: Appointee Confirmation: Date: BN: Board of Commission Approval: Original to: Tammara S. Sanderson, Cit Clerk BOARD CHAIRNIAN: Cc: file BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION Appointment d Reappointment _\ Joint Appointment NAME: L 1C�C0 G Joint Reappointment NAME OF BOARD OR COMMISSION: DATE TO BE PLACED ON AGENDA: EXPIRATION OF TERM DATE:u� APPOINTEE'S HOME ADDRESS: U Street: I L -I 0 Cita/Zip: slf'c IC �(�CjO1 Phone: Email Address:ontl1 ('(Yrnr 4 rlk.�' Appointee's Business Name: J Address: City/Zip: Phone: TO REPLACE ON BOARD: Thank von Resigned ADDRESS: Term Expired Other (explain) City/Zip: Appointee Confirmation: Date: B�: Board of Commission Approval: Original to: Tammara S. Sanderson, City Clerk BOARD CHAIRN[AN: Cc: file BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION Appointment Reappointment Joint Appointment NAME: f) n(�- Joint Reappointment NAME OF BOARD OR COMMISSION: DATE TO BE PLACED ON AGENDA: EXPIRATION OF TERM DATE: APPOINTEE'S HOME ADDRESS: Street: City/Zip: Phone: BILI 3 l�U Email Address: e-+cco4e2(a% Appointee's Business Name: Address: Cih/Zip: Phone: TO REPLACE ON BOARD: _ Thank von 7 Resigned ADDRESS: Term Expired Other (explain) CitvOzip: Appointee Confirmation: Date: By: Board or Commission approval: Original to: Tammara S. Sanderson. Cit} Clerk BOARD CHAIRNIAN: Cc: file BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION Appointment Reappointment Joint Appointment NAME: M p to Joint Reappointment NAME OF BOARD OR COMMISSION: DATE TO BE PLACED ON AGENDA: EXPIRATION OF TERM DATE: �n�ierm 9lA ��\rj APPOINTEE'S HOME ADDRESS: Street: I l l lkb� ,t+u kU it \)Q City/Zip: C cL C CLQ i �< l Q 661 Phone: aaa5'�`J' ILIUS Email Address: Appointee's Business Name: Address: City/Zip: Phone: TO REPLACE ON BOARD: b,_t Thank you Resigned ADDRESS: 0 7�t�i 0UVQ i CkA\ �Ca Term Expired " Other (explain) City/Zip: 2 d�CJ) i Appointee Confirmation: Date: By: Board of Commission Approxal: Ori -incl to: Tammara S. Sanderson, Cin Clerk BOARD CHAIRNIA\: CC: file Captain Greg Menke Director, Center for Maritime Education in Paducah With more than 40 years of experience in the river industry, Captain Gregory J. Menke directs SCI's Paducah Center for Maritime Education. He began his career as a deckhand and worked his way up, eventually becoming Captain and Assistant Director of the Steamer Belle of Louisville. In 1978 he began work as a Towboat Captain for Chotin Transportation and later vforked shoreside for Capital Marine Supply, Harbor and Fleeting as Manager of lvlarine Operations. Capt. Menke also worked as Port Captain for Chotin and Senior Port Captain for Orgul f Transport & Ohio River Company (later Midland Enterprises). When SCI opened its Center for Maritime Education in Paducah in 1997, the Institute tapped Capt. 'Menke to serve as Director of Inland Training. In 2000, he became the Director of the Center for Maritime Education — Paducah. Besides his extensive work experience, Capt. Menke holds several important qualifications. including a USCG license as Nfaster of Steam or Motor Vessels of Any Gross Tons upon Inland Waters: First Class Pilot of Vessels of Any Gross Tons upon the Ohio River from'vfile 279.0 to 981.0; Master of Towing Vessels upon Great Lakes, Inland Waters and Western Ricers: and USCG Tankerman, Grade A and All Lower Grades, Additionally, Capt. Menke is certified in Crew Endurance Management Systems and as a radar instructor. During his tenure kith SCI, Ile has developed numerous classes and exercises; including the first simulator -training course designed for Western Ricers towboat captains and pilots along with seminars addressing new regulations and maritime issues for shoreside management and lire training courses targeting towing operations. Capt. Menke has received a Public Service Commendation from the US Coast Guard and in 2001 was named Port Person of the Year by the PadUcah Propeller Club. CITY OF PADUCAH November 12, 2013 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved, is Signature Date FIRE SUPPRESSION Powless. Robert C. Potter, John G. Greer, Rhiannon Johnston. Ryan B. Kirkham, Timothy Carter. Barry L Reeves, Gabriel B. Hair, Robert J. Krnght, Barry Skibinski, Raymond W CITY OF PADUCAH PERSONNEL ACTIONS November 12, 2013 PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY Relief Driver $14.40/Hr Acting Fire Captain $16.57/Hr Acting Fire Lieutenant $15.61/Hr Acting Fire Captain $16.57/H r Acting Fire Lieutenant S 15.61; H r Fire Captain S 16.68/Hr Acting Assistant Fire Chief 2 S16.90/Hr Acting Assistant Fire Chief 1 $16.93/Hr Fire Captain S16.60/Hr Fire Captain S16.60/Hr Acting Fire Lieutenant` NCS Non -Ex October 4. 2013 S15.61/Hr November 7, 2013 Fire Lieutenant NCS Non -Ex November 7, 2013 S15,78/Hr Relief Driver NCS Non -Ex November 7, 2013 $14 27/Hr November 7, 2013 Fire Lieutenant NCS Non -Ex November 7, 2013 $15 78/Hr Relief Driver NCS Non -Ex November 7, 2013 $14.40/Hr Acting Assistant Fire Chief 1 NCS Non -Ex November 7, 2013 $16.93/H r Acting Assistant Fire Chief 1 NCS Non -Ex November 7, 2013 $17.00/Hr Acting Assistant Fire Chief 2 NCS Non -Ex November 7, 2013 $16.83/Hr Acting Assistant Fire Chief 2 NCS Non -Ex November 7, 2013 S 16.75/H r Acting Assistant Fire Chef 3 NCS Non -Ex November 7, 2013 S16.65/Hr - --- - -- �....... aiiu a roved in the Personnel Actions 1105-13 osvless, Robert C. Relief Driver Fire Lieutenant NCS Non -Ex November 7, 2013 S14.40/Hr S15.61/Hr Agenda Action Form Paducah City Commission Meeting Date: November 12, 2013 Short Title: Certification to Kentucky Transportation Cabinet of Safe Load Capacity Posting of Bridges within City Limits for 2013 ❑Ordinance ❑ Emergency ® Municipal Order -E] Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, PE, City Engineer -Public Works Director Background Information: Annually, the Kentucky Transportation Cabinet District One office inspects all bridges within the City Limits. There are 13 actual bridges in the City Limits that are maintained by the City. In order for the City to be eligible for Federal Bridge Replacement and Rehabilitation Funds, the KYTC requires the Mayor to certify that City maintained bridges with safe load capacities of 18 tons or less are posted in accordance with the National Bridge Inspection Standards. The only bridge with this requirement within the City is the bridge located on South 24`h Street with a weight limit of 14 tons. The weight limit is posted and has been verified as shown in the attached photos. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: N/A Account Number: Finance Project Number: Staff Reconnnendation: To adopt a Municipal Order authorizing the Mayor to execute the certification that all city maintained bridges with safe load capacities of 18 tons or less are posted in accordance with the National Bridge Inspection Standards. Attachments: KYTC documents, Certification form, Bridge Map and Bridge Photos Deparfent ad City Clerk City Manager MUNICIPAL ORDER NO. A,MUNICIPAL ORDER APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE STATEMENT OF CONIPLIANCE WITH NATIONAL BRIDGE INSPECTION STANDARDS/BRIDGE POSTING REQUIREMENTS FOR PADUCAH. KENTUCKY CERTIFYING BRIDGES WITHIN THECIT'Y LIMITS OF PADUCAH ARE POSTED WITH SAFE LOAD CAPACITIES WHEREAS. the Kentucky Transportation Cabinet District I, inspects all bridges within the city limits and forwards the reports to the City Engineer's Office for review, correction. and verification: and. WHEREAS. the City Engineer now advises the Mayor that all city maintained bridges are posted in compliance with standards as set forth by the Kentucky Transportation Cabinet. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION I. That the City of Paducah hereby approves andauthorr/es the Mayor to execute the Statement of Compliance with National Bridge Inspection Standards/Bridge Posting Requirements for Paducah, Kentucky certifying that bridges within the city limits of Paducah are posted "ith safe load capacities of 18 tons or less in accordance with the National Bridge Inspection Standards. SEC "CION 2. This Order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tanvnara S. Sanderson. City Clerk Adopted by the Board of Commissioners. November 12. 2013 Recorded by Tammara S. Sanderson. City Clerk, November 12, 2013 \moABridges KY Safe Load Capaalt Posting 2013 Steven L. i13asfi`dal Jf rov�,rFor 550 l 1' X93- J3 September 30, 2013 Mayor Gayle Kaler City of Paducah P. O. Box 2267 Paducah, Kentucky 42002 Dear Mayor Kaler: S�Cr�tdtl �),.'r 0 2. Ml' R The annual and bi-annual inspection for bridges in the city of Paducah was completed on September 27, 2013. Attached are copies of our inspection reports and work candidates list for these structures. The following is a list of all bridges with weight limits below 18 tons and the posting status of each: PROJECT NUMBER ROAD NAME & NUMBER WEIGHT LIMIT POSTED 073C00045IV South 24� Street (CS -1331 ) 14 Torts Yes In order for your City to be eligible for Federal Bridge Replacement and Rehabilitation Funds for the coming year, the bridges listed must be signed for the weight limit shown. Those listed for less than (3) Tons capacity must be physically barricaded. All siggs and barricades must conform to the Manual on Uniform Traffic Control Devices. Upon receipt of this letter, your county has 30 days to properly post or barricade the required structure, then sign, date, and return the statement of compliance form to this office. If you have any questions, please contact this office at (270) 898-2431 MM:GWC Enclousers Sincerely, Mike McGregor Acting Chief District Engineer r ' 1. Statement of Compliance With National Bridge Inspection Standards, Bridge Posting Requirements for Paducah, Kentucky I -his certilles that the Cit) ol'Paducah has posted all City maintained bridge structures \%ith safe load capacities less than 18 tons in accordance withthe national Bridge Inspection Standards. Paducah Citi Manor Date: All City maintained bridge structures kith safe load capacitN ratings less than 18 tons. in the city of Paducah have been posted as required by the National Inspection Standards. District One Bridge En;ineer Date: Chief District Engineer Date: h. l•�FSrlrl i �,+}��,� ,' � •y`;'7��'` 'd �i 4�llr'.rr 6'; '. �•�'� wt'•-u♦�,. S ��`-..•yr - . ,-' ` '.L dtr.• ;'+'StJ �t ,+. , • ��,r I✓✓ a r}f/'f... TyiJi !I •k; +J. * 111 rr,::... ; _ n �a r '`� � � } �'dP94��+ 1�! 4 , _{• I�. �„el�=~.�:-t ��a'��:.,,. .. �,�- i .�.'f_ •�„}� r .::1trAf� •�^���ti�!YE ,i... } �r� ��i - 5�f�_ ,`i� •�, ,{ r .y��si ' �I r'r 'r ��� 5.�s5 ii�� Yrs y`_\Y S.l.- �, ]•-� +S �I 1rvk�l -' I J' .� [ '�,�_ 4•. - - �� i� .tri': _ �. .w.,�•:._ ,*al�':{' .� ,. I �r, •- Vii. - +' •y4` - '�+'+5y� :�i_ �.- r--;1 :�: .-1����`i` rj:'y�. WP 4m z M • ��' . t;l l'r r ,1,i •M1. _ 'yam _ - •” ,yYLr IIS }_ _�^•3w.���,f� r7if.�4� f;F`r�-' _ � _ •, - . wy'''. -- � i�'k � r _ ,•,r. ,' - ..5 {gin ..Y'. r ' _ + �. Ali L; Fr } •ter -_ - �� ��i� ���� Agenda Action Form Paducah Citv Commission Ytzetin2 Date: NoNember 12.'013 Short Title: KOHS 2013 Portable Radios Grant .assistance ,agreement Ordinance ❑ Emergene% ❑ Municipal Order ❑Resolution ❑ Motion Staff �6 ork Bc: Asst. Chief Stace% Grimes, Shercl Chino Presentation B}: Stev=e Erin Background information: The application %cas oriainalh approved by municipal order 1719. The Citi of Paducah has been akrarded $32,000 for the Paducah Police Department's Hand -Held Radio Replacement Project through the KY Department of Homeland Securit} (KOHS). The original Grant application «as for approximatel% 565,000 to purchase 20 hand-held radios. Because funding was reduced to 533,000, the Paducah Police Department kill purchase approximatel% 10 hand-held radios_ No match is required for this °rant. A ;rant agreement has been issued b% KOHS and requires authorization b% the Paducah Cit% Connnission to allow the :ala%or to execute the grant agreement. Goal: ❑Strong Econom% ®Qualit% Services ❑ Vital Neighborhoods Restored Do�%nto%Nns Funds Available: Account Name: 2013 KOHS Radios Account Number: 010-1616-521.23-07 [�:Finance Project Number: P00075 CFD.A: Staff Recommendation: Approval Attachments: ORDINANCE NO, 2013 -11 - AN ORDINANCE OF THE CITY OF PADUCAH ACCEPTING .A 2013 KENTUCKY OFFICE OF HOMELAND SECURITY GRANT AWARD FOR THE PADUCAH POLICE DEPAR TIENT AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY OFFICE OF HOMELAND SECURITY WHEREAS, the City of Paducah applied for a Kentucky Office of Homeland Security Grant Award adopted by Municipal Order No. 1729 on June 25. 2013, for the Police Department's hand-held raclio replacement projece and WHEREAS, the Kentucky Office of Homeland Security has approved the application and is now ready to award this want. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION I. That the City of Paducah hereby accepts ergot funds in the amount ot'S32.000 through the Kentucky Office of Homeland Security for a 2013 reimbursable grant nmard to purchase up to tell (10) hand-held radios n, he used by the Paducah Police Department, fhis award does not require a local cash match of in-kind contribution. SECTION 2. That the Mayor is hereby authorized to execute a Grant Aereement and all documems relating thereto with the Kentucky Office of Homeland Security to obtain a grmn ill the amount of 532,000 as referenced ill Section 1 above. SECTION 3. This expenditure shall be charged to Project: Account PO0075. SECTION 4. This ordinance shall be read on Look) separate clays and "ill hecome effective upon summary publication pursuant to KRS Chapter -124. Mayor ATTEST: Tantmara S. Sanderson, Cit- Clerk Introduced by the Board of Commissioners. November 12. 2013 Adopted by the Board of Commissioners, November _ , 2013 Recorded by Tammant S. Sanderson. City Clerk, No%ember 2013 Published by The Podumh Sun. ordAplanAgrants\police-Homela,,d So, at HH Radio Replace Proj 2011 Doc ID No: P02 094 1400002736 1 Page 1 of 26 Commonwealth of Kentucky PURCHASE ORDER I O 1 City of Paducah N PURCHASE T IMPORTANT R PO Box 2267 A Doc ID number on all packages, oc Description: Paducah, Citi of 13-021 T Invoices and correspondence. oc ID No: P02 094 1400002736 1 R ocurement Tvoe r Procurement Folder 3121401 iministered By: Holly Downey phone. 502-564-2081 Cited Authority EM'N 2013 SS 00036 Issued B By: Susan Wilkerson O 1 City of Paducah N T 300 South 5th Street R PO Box 2267 A Paducah C T US O R Effective From: 2013-11-01 Line CL Description I Paducah_ Cily of 13-021 Extended DescrioCon Effective Date: November 1, 2013 Expiration Date: October 31, 2014 KY 42003 Effective To: 2014-1 D-31 Due Date I quantity 0 00 Unif Price ContractAmt Total Price 0 00000 32.000 00 32.000 00 Deliverables: Second Party shall enhance interoperable communications through the purchase of portable radios and related equipment for the Paducah Police Department. Scope of Work: Second Party shall enhance interoperable communications through the purchase of portable radios and related equipment for the Paducah Police Department, B 1 493257 L GG GOV OFC.HOMELAND SECURITY L 200 MERO STREET pFRANKFORT KY 40622 US H493257 I GG GOV OFC.HOMELAND SECURITY P 200 MERO STREET T FRANKFORT O KY 40622 US otal Order Amount: 3z eco 00 Document Phase Document Description Page 2 1400002736 Draft Paducah, City of 13-021 Of 26 FFY 2013 HONIELAND SECURITY GRA►V`T PROGRAM GRANT INFORMATION AND IDE\TIFICATION CFD.- N'timber: 97.067 CFDA Title: Homeland Security Grant Program A%vard fear: FFY 2013 Federal .-agency: Department for Homeland Security/FE,11A Pass-Tltrougli Agency: Kentucky Office of Hotueland See ulity IDENTIFICATION AND OBLIGaTIO\'S OF THE PARTIES First Party The Office of the Governor, Kent-racky Office of Homeland Security (KOHS) (as the First Party), M the exercise of its laNvhll duties, has determined that the functions outlined in this AgreetnetA and in the attachtucut(s) thereto, are necessar}1for compliance with either the statutory and regulatory requirements of the U.S Department of Homeland Security or the Kentucky Office of flon�eland Security. Second Party The Second Party is the contractor as defined by KRS 453 4.030(9) and agrees that they are killing, available and qualified to perforin the scope of work as detailed in this agreement and as specifically outlined. Campaign Finance The contractor certifies that neither he/she nor any member of his leer irnrnediate f�arnjly hay inv an it�telest of i.p4o or more in any business entity invol+-ed in the performance ofth is contract, has contributed more than the amount specified iii KRS 121.050(21, to the campaign of the gubernatorial candidate elected at the election last preceding the date of this contract. The contractor Further swears under the penalty of perjury, as prodded by KRS523.020, that neither hL: she nor the company which he, she represents, has kuowingty violated any provisions of the campaign finance laws ofthe Commonwealth, and that the award ofacontract to hinvher or the company which he, she represents v. -ill not violate any provisions ofthe campaign finance lain, of the Conun011wealth. Cancellation Clause Claim or performance disputes will be in accordance with KRS Chcrpler- 44 4mti KRS CJurpter- =13.4, Either party may cancel the contract at any time For cause or n>s) cancel without cause on 30 days written notice. Document Phase Document Description Page 3 1400002736 Draft Paducah, City of 13-021 1 of 26 Change of Circumstances Each party shall promptly notify the other party ofany legal impediment, change of circumstances, pending litigation, or any other event or condition that may adversely affect the party's ability to carry out any of its obligations under this Agreement. Choice of Law and. Forum Provision The laws of the Commonwealth of Kentucky shall govern all questions as to the execution, validity, interpretation and performance of this agreement. Furthermore, the parties hereto agree that any legal action that is brought on the basis of this agreement shall be Cued in the Franklin County Circuit Court of the Commonwealth of Kentucky. Confidentiality The Second Party agrees that any employee or agent acting in its behalf will abide by the state and federai rules and regulations governing access to and use of information provided to the Second Party by the First Party in the administration of this contract. Conflict of Interest Laws and Principles The contractor certifies that he/she is legally entitled to enter into this contract agreement with the Commonwealth of Kentucky, and by holding and performing Clic terms and conditions of this agreement will not violatc any conflict of interest statute, including but not limited to KRS 45,4.33045,4. 340, =!5,4.990, KRS 161.390, oncl KRS 11.4.040 of tlic ExeCUtive Branch code of ethics, relating to the employment of former public servants Data Collection/analysis Limitations No data collected and provided by the First Party shall be used for any other purpose other than those expressiy authorized in this Agreement. Effective Date All tilemoranda of Agreement are not effective untii the Secretary of the Finance and Administration Cabinet or his authorized designee has approved the contract and until the contract has been submitted to the Government Contract Review Committee. Ho,,vever, /Memoranda of A,reements 550,000 or less are exempt from review by the committee and need only be tiled with the committee %vithin 30 days of their effective date for informational purposes only, as provided under KRS 451.700. Entire agreement This Agreement forms the entire a,reemetit between the parties as to scope and subject matter of this Agreement. All prior discussions and understandings concerning the scope and subject matter are superseded and incorporated by this Agreement. Document Phase Document Description Page 4 Drah Paducah, City of 13-021 of 26 Extensions and Amendments to this Agreement The terms and conditions of this agreement may be extended or amended according to the pro% kions of KRS Chapter 45A, and are subject to the approval of the Director Secretary of the Finance and Administration Cabinet and/or of KOHS, the Legislative Research Commission's Government Conthe Le tracts Review Committee. The agency reserves the right to modify this ag Bement for the addition or deletion of recluirements deemed necessary by the agency with the mutual agreement of both parties in accordance with KRS 45,4.030 (2), KRS 43.4110 (1), (200 K aR 5.311) Any Mutually agreed upon changes to the agreement must be approved, in writing, by KCHS prior to implementation or obligation and shall be incorporated in written amendments to this agreement. This procedure for changes to this approved agreement is not limited to budgetary changes, but also includes changes ofsubsiance in project activities and changes in the proj applicatiect director or key professional personnel identified in the approved on. Liability and Indemnih° Nothing in this Agreement shall be construed as an indemnification by one party oFthe other for liabilities of a part} or third persons for property loss or damage of death or personal injury arising out of and during the performance of this Agreement. Any liabilities or claims for property loss or damage or for death or personal injury by a party or its agents, employees, contractors or assigns or by third persons, at out of and during the performance of this Agreement shall be determined according to applicable law. Notices Any notice, transmittal, approval, or other official communication made under this Agreement shall be in writing and shall be delivered by hand, facsimile transmission, or by mail to the other parte. Severabilih If any provision of this Agreement is held judicially invalid, the remainder of the Agreement shall continue in full Porce and effect to the extent not inconsistent with such holding. Sole Benefit This Agreement is intended for the sole benefit of the First Party. the Second Party, and, if Implementing a federal grant program element, the United States Government, an intended to create any other beneficiaries. d is not Subcontractor Requirement The Second Party agrees that all requirements of this agreement shalt also binding on any subcontractor the Second Party may contract kith be applicable and method of paymto meet the statement of work, ent, and deliverables of this agreement. All Second Party subcontractors are Document Phase 9 D 1400002736 ocument Description Draft Page 5 --�_ Paducah, Ciiy of 13021 of 26 subject to First Party approval. Successors and Assigns This Agreement may not be assigned by a party without the express written consent of the other party. All covenants made under this Agreement shall bind and inure to the benefit of anv successors and assigns of the parties whether or not expressly assumed or acknowledged by such successors or assigns. Violation of Tax and Employment Laws KRS 4 A.48i requires the contractor to reveal to the Commonwealth, prior to the award of a contract, ally final determination of a violation by the contractor within th period oft e pious Five (>) yeai- elate to the provisions of KRS chap[ers rev 136, 139, l41, 337, 338, 34/, and rev These statutes he state sales and use tax, corporate and utility tax, income tax, ..ages and hours laws, occupational safety and health laws, unemployment insurance laws, and workers compensation insurance laws, respectively. To comply with the provisions of KRS45A.485, the contractor shall report any such final determination(s) of violations) to the Commonwov regarding the final ealth by priding the following information deternaination(s): the KRS violated, the date of tile final determination, and the state agency which issued the filial detenuination. KRS 45,4.485 also provides that, for the duration ofany contract, the contractor shall be in conthwous compliance with the provisions of those statutes which apply to the contractor's operations, and that the contractor's failure to rereal a final determination as described above or failure to comply with the above statutes for the duration of the contract, shall be grounds for die Commonwealth's cancellation of the contract and the contractor's disqualification from eligibility for finure state contracts for a period of two (2) years. Waiver of Breach [fa party waives enforcement of any provision of this Agreemcnt upon any ev ent of breach by the other parry, the %vaiver shall not automatically extend to any other or future events of breach. IDENTIFICATION OF THE SUBJECT MATTER OF THE CONTRACT Environmental Planning and Historic Preservation (EHP) The Second Party acknowledges that any project renovationconsidered to constitute construction or can beemade. must m w mreceive prior approval froFEMA before any ork or financial expenditures ca Intellectual Properties The contractor agrees that any formulae, methodology, other reports and compilations ofdata provided by the First Party to the contractor for the purposes of meeting the terms and conditions Document Phase Document Description Page 6 I 1400002736 Draft Paducah, City of 13-621 of 26 of this agreement, or as developed, prepared or produced by the contractor for use by the First Party under the scope of services of this agreement shall be the exclusive property of the .First Party. Any use of this material for purposes other than those specifically outlined and authorized by this agreement without prior approval and without appropriate acknowledgement of the funding source, shall be grounds for immediate termination of this agreement and possible criminal prosecution. Kentucky k ireless Interoperability Executive Committee Any portion of this agreement that involves data or voice communication equipment or projects, including data or voice interoperability equipment or projects shall be presented by the Second Party for action by the Kentucky Wireless Interoperability Executive Committee (KWIEC). Furthermore, it is a condition of this agreement that all recommendations of the KWIEC, will be accepted and implemented by the Second Party prior to the comniencennent of the project addressed in this agreement. A copy of the KWIEC decision will be provided to the First Party by the Second Party. Mutual Aid and Interoperability -Memoranduni of Understanding The Second Party and any other local entities receiving benefit from thesis grant funds must have Z Mutual Aid Nlemorandum of Understanding with the Kentucky State Poiice. MINIS Requirements In accordance with [ISPD-5, Management of Domestic Incidents. the adoption of the national Incident Management System (MINIS) is a requirement to receive Federal preparedness assistance through grants, contracts, and other activities. Project Implementation "fhe sub grantee agrees to implement this project within 60 days following the grant award effective date or be subject to automatic cancellation of the grant. Pi-opert Control Effective control and accountability must be maintained for all personal property. Sub grantees must adequately safeguard all such property and Must assure that it is used solely for authorized purposes. Sub grantees should exercise caution in the use, maintenance, protection and preservation of such property. Title: Subject to the obligations and conditions set for in 28 CFR Paa 66, title to non-experndabte property acquired in whole or in part with grant hinds shall be vested in the sub grantee. ion -expendable property is defined as any item having a usCful life of more than one year and an acquisition cost of S5,000 or more per unit. Document Description a0000vss Document Phase DocPage 7 Draft Paducah, CltY of 13021 of 26 Use and disposition: Equipment shall be used by the sub grantee in the program or project for which it was acquired as long as nceded, whether or not the program or project continues to be supported by federal funds. sub When use of the property for project activities is discontinued, the grantee shall request, in writing, disposition of the propertTheftdisposition instructions from KOHS prior to actual y. , destruction, or loss of property shall be reported to KOHS immediately. Inventor.': The Second Party must submit to the First Party an 1"Ventory of all equipment purchased with these federal funds. This inventory must include the item inventory number, item description, and site Where equipment is located. PropertyPurchased by the First Party (KOHS) Property purchased by the First Party for the purposes of fidfilling the requirements of the scope of services for this ac, reemcot, and which may include, but not be limited to, software, computer hardware, officfurniture, computer e equipment, and supplies are considered the property of the First Party and shall remain the property of the First Party. Scope of Work This grant will provide reimbursement fundina to the Second party For the specific scope oFwork described in the Extended Description. Successful completion by the Second party shall include the deliverables as listed in the Extended Description. CONSIDERATION AND CONDITIONS FOR PAYMENT A%ailability of Federal Funds This grant award is contingent upon availability of federal ftmds approved by Congress. Consultant Rate Approval of this agreement does not indicate approval of any consultant rate in excess of S450 per day. A detailed justification must be submitted and approved by the First Party and FE%IA's National Preparedness Directorate prior to obligation or expenditure Of Such hinds. Deobligation of Grant Funds All grant funds must be deobligated within thirty (30) calendar days of the end of the grant period. Failure to deobligate the grant ill a timely manner may result in an automatic deobligation of the Grant by KOHS. Earliest Date of Payment No payment on this agreement shall be made before completion of the review procedure provided for in KRS 45A.705, unless alternate actions occur as set out ill KRS 45,T695procedure /7/. Payments of) personal service contracts and memoranda of agreements shall not be authorized Document Phase Document Description Page 8 1400002796 Draft 9 Paducah C (y of 13-021 i Of 26 for sen ices rendered after government contract review committee disapproval, unless the decision of the committee is overridden by the Secretary of the Finance and Administration Cabinet or agency head, if the agency has been granted delegation authority by the Secretary. Financial Management System The Second Party agrees to establish and/or maintain a financial management system which shall provide for: Accurate, current, and complete disclosure of the financial results of the funetionsiservices performed under this agreement in accordance with the reporting requirements as set forth in this Agreement and attachment(s) thereto; Records that identify the source and application of funds for activities; functionm s/services performed pursuant to this contract agreement. These records shalt contain information pertaining to federal and'or state funds received, obligations, un-obligated balances, if applicable, assets, liabilities, expenditures and income, Effective control over and accountability For all funds, property, and other assets. The Second Party shall safeguard all such assets and shall assure that they are used solely for authorized purposes in the provision of functions/services under this agreement; Procedures for determining reasonableness, and allowability of costs in accordance vvith the teens and conditions of this Agreement and any attachnlent(s) thereto; and Accounting records that are supported by source documentation. ` Funding Out Provision The state agency may terminate this contract if fiends are not appropriated to the contracting agency or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The state agency shall provide the contractor thirty (30) calendar days written notice of termination of the contract. Interest Income Grant funds not reimbursed immediately to a vendor, subcontractor, eta must be placed in an interest bearing account. The applicant agrees to be accountable for all interest earned with respect to these grant finds. Interest earned by this grant during the project must be reported and returned to KOHS quarterly. Obligatiou of Grant Funds Grant funds may not be obligated prior to the effective date of this approved legal agreement. No obligations are allowed after the end of the grant period. Pay tnents Pad ments to applicants Payment by the First Party to the Second Party shall be made only after receipt of appropriate, acceptable and timety request for reimbursements. Reimbursement requests will be submitted on Document Phase Document Description Page 9 7400002776 Draft Paducah. City of 13-021 of 26 approved Kentucky Office of Homeland Security forms as provided by the First Party and submitted ill written format to the First Party by the Second Party. The method of reimbursement will be through electronic funds transfer. Final Request for Reimbursements: Final request for reimbursements must be submitted to the First Party no later than 45 days after the expiration of this agreement. Procurement The acquisition of goods and services by the Contractor in performance of this Agreement shall be according to applicable Commonwealth of Kentucky contracting procedures, [lie standards and procedures contained in applicable federal regulations (44 CFR). Purchasing and Specifications The Second Party certifies that he/she wilt not attempt in any manner to influence any specifications to be restrictive in any way or respect, nor will he/she attempt in any way to iathrence any purchasing of services, commodities or equipment by the Commonwealth of Kentucky. For the purpose of this paragraph and Section 7.09 that pertains to conflict of interest laws and principles, "He" is construed to mean "They" if more than one person is involved and if a firm, partnership, corporation, or other organization is involved, then "He" is construed to mean any person with an interest therein. Program Income The applicant agrees to be accountable for all interest or other income earned by the Second Party with respect to grant funds or as a result of conduct of the project (sale ofpublications, registration fees, service charges, rebates, etc.). All program income generated by this grant during the project must be reported to KOHS quarterly and must be put back into the project of be used to reduce the grantor participation in the program. The use or planned use of all program income must have prior written approval from KOHS. Reimbursement The Second Party is required to sign this Agreement with the Kentucky Office of Flomeland Security to gain access to its allocated funds. No Rinds will be forwarded. The funds are allocated on a cost reimbursement basis. To receive reimbursement, the Second Party is required to provide the Kentucky Office of Homeland Security with copies of all obligation documents executed under this agreement and an inventory for equipment purchased. Social Securih The Second Party and all other parties so contracted for services under the scope of service of this agreement agree that they are cognizant that the First Party is not liable For Social Security Document Phase Document Description i Page 1400002736 Draft Paducah, City of 13-021 10 Of 26 contributions pursuant to 4? U.S Code, Secfion 418, relative to the compensation of the Second Party during the effective dates of this agreement. Total Amount of Contract and Contract Period The Second Party's and/or Third Party's fees and expenses relative to the performance of the scope of serViees outlined in this Agreement and in the detailed attachments) (i(applicable) to this agreement shall not exceed the Total Order Amount as set forth in this Agreement. The subject services and functions are to be performed during the terga of this agreement. It is understood that this agreement is not effective and binding until approved by the Secretary of the Finance and administration Cabinet and/or Legislative Research Commission's Govertument Contract Review Committee per KRS 45.4, 705. Transfer of Funds The Second Party is prohibited from transferring funds between programs (State Homeland Security Program, Urban Areas Security Initiative, Law Enforcement Terrorism Prevention Program, Citizens Corps Program, Emergency Management Performance Grant, Interoperable Emergency Communications Grant Program, Buffer Zone Protection Program, Emergency Operations Center Grant Program, 'Metropolitan Medical Response System or any other Federal Grant Program), Travei The contractor shall be paid no travel expense unless and except as specifically authorized under the specifications of this agreenlLnt. Unless otherwise indicated, travel reimbursement shall be in accordance 'with 200 KrIR 2.006. No travel time nor travel expenses will be included in the Second Party's or any subcontractor's hourly rates. Other- Expenses The contractor shatt be reimbursed for no other expenses than those, which have been expressly detailed in this Agreement. Ali direct charges shall be documented to support the direct charging of the expense. Where applicable Invoicing for fee: The contractor's fee shall be original invoice(s) and shall be documented by the contractor. The invoice(s) mLtst conform to the method prescribed in the specifications of this contract. Invoicing for travel expenses: The contractor must follow instntctions prescribed in the specittcations of this agreemen€, Either original or certified copies rt receipts must be submitted for airli tic tickets, motel bills, restaurant charges. rental car charges, and all other miscellaneous expenses. Invoicing for miscellaneous expenses: The contractor must follow histntctions prescribed in the - specifications of this agreement. Expenses submitted shall be documented by certified copies. Document Phase Document Description Page 1400002756 Draft Paducah, City of 13-021 11 of 26 Vendor Verification The Second Party must verify that any vendor providing services is not on the Federal Excluded Parties Listing System prior to any contracts funded by federal funds. This verification must be submitted with each reimbursement request to verify that the vendor is not debarred at the time of order. This information may be found at www.epls.gov. RCiffibrlrSenlent Evill not be made without this verification. Reduction in Contract Worker Hours The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Execwive Order or otherwise to reduce contract hours, the contract will be reduced by the amount specified in that document. ADNIINISTR,kTIVE AND NATIONAL POLICY REQUIREMENTS The Second Party must, in addition to the assurances evade as part of their application, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circular., terns and conditions of the award, and the approved application. The Second Party agrees that all allocation and use of funds under ti7is grant will be in accordance with the. Funding Opportunity Announce;Hent and must support the goals and objectives included in the State Homeland Security Strategy. Applicable Law This Agreement is incidental to the implementation of a federal grant program. Accordingly, this Agreement shall be governed by and construed according to Federal lary as it may affect the right, remedies, and obligations of the United States. Governing Regulations To the extent not inconsistent with the express terms of this Agreement, the provisions of 44 CFR, Uniform Administrative Requirements for Grants and Cooperative Agreements and 0.1,18 Circular ,4-87 which are hereby incorporated by reference as if fully set forth herein, shall govet`11 this agreement. .assurances, Administrative Requirements and Cost Principles a. Recipients of DHS federal financial assistance must complete OTNIB Standard Form 424B Assurances -- Non -Construction Programs. Certain assurances in this form may not be applicable to your project or program, and the awarding agency may require applicants to certify to additional assurances. Please contact the program awarding office if you have any questions. The administrative requirements that apply to DHS award recipients originate from two sources: Document Phase Document Description Page 1400002736 Draft Paducah, City of 13-021 ! 12 of 26 • Off ice of ,Vlanagemew and Budget (OMB) Circulai- A-102, Uniform Acbninistrative Requiretnents far Grants and Cooperative Agreemenis to State and Local Governments (also known as the "f1-102 Common Rule') These.4-102 requirements are also located ivithin DHS regulations at Title 44, Code of Fecleral Regulations (CFR) Part 13. M2 Circular.4-110, Un forth Admitzistrative Requirements for Grants and 1gt•eements i ith fnstiiwions of'l-Iigher Education. Hospitals, anclOther .Von -Profit Organizations, relocated to 2 CFR Part 215. b. The cost principles that apply to DHS award recipients through a grant or cooperative agreement originate from one of the following sources: O,VB Circulco-A-21, Cost Principles fbt, Editcational Institutions, relocated to 2 CFR Pat-/ 220 0,1-II3 Circular --87, Cost Principles for State, Local, and Indian Tribal Governments, reiocated to 2 CFR Part 22.E • OMB Circular .-f-122, Cost Principles for Aon -Profit Organizations, relocated to 2 CFR Part 2.30 The audit requirements for State, Local and Tribal recipients ofD[IS awards originate from: O:IfB Circular A -133, Audits of States, Local Governments and Non -Profits Organizations, COMPLIANCE WITH FEDERAL CIVIL RIGHTS LAWS AND REGULATIONS The Second Party is required to comply with Federal civil rights laws and regulations. The Second Party must comply with all regulations, guidelines, and standards adopted under the below listed statutes. The Second Party is also required to submit information, as required, to the DHS Office for Civil Rights and Civil Liberties concerning its compliance with these laws and their innpiernenting regulations. Specifically, the grantee is required to provide assurances as a condition for receipt of federal funds that its programs and activities comply lvith the following: Titles I, II and II of the Americans with Disabilities Act Prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C_, 12101-12213). Title VI of the Civil Rights .act of 1964, as amended, 42. L.S. C, §2000 et. seq. Provides that no person on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program or activity receiving Federal financial assistance. Title VI also extends protection to Document Phase Document Description Page 1400002736 Draft Paducah. City of 13-021 13 of 26 persons with Limited English Proficiency (LEP). (42 U.S.C. §2000cletseq.). Title N"(11 of the Civil Rights Act of 1968 Prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. ;s3601 etseq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constnicted with certain accessible features (see 24 CFR §100.201). Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §1681 et. seq. Provides that no person, in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Peat 19. Section 50.1 of the Rehabilitation Act of 1973, as amended, 29 L:S.C. ,5794 Provides that no otherwise qualified, handicapped individual with a disability in the United States, viii, solely by reason of the handicap, be excluded from the participation in, be denied (lie benefltS of, or subject to discrimination in any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. The Age Discrimination Act of 1975, as amended, 20 U.S.C. §6101 et. sect. Provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. Serv=ices to Limited English Proficient (LEP) Persons All recipients of financial assistance will comply xith the, requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficienev (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure that LEP persons have meaninaf 1. access to your programs. 'Meaningful access may entail providing language assistance services, including oral and written translation. where necessary. Recipients are encouraged to consider the need for langutage services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and Document Phase Document Description Page 1400002736 Draft Paducah. City of 13-021 14 of 26 information regarding LEP obligations, go to http:,/%vvcw teo.uov CERTIFICATIONS AND ASSURANCES Certifications and assurances regarding the following apply: .activities Conducted Abroad All recipients must ensure that project activities carred on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Best Practices for Collection and Use of Personally Identifiable Information (PIT) All award recipients who collect PIT are required to have apublically-availabe privacy policy that describes what PIT they collect, haw they use the PII, whether they share PTI with third parties, and how individuals may have their Pit corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: huu: -www dhs oo\.'xlibrary/assets/privacv Iprivacv Dia uidancc iunea010 pdf and hill):, dhsoos rlibran,'assets/privacv'privacv pia temptate pdf respectkck BuyAmerican Act The Second Party agrees that it will not expend any hinds appropriated by Congress without complying with The Buy American Act (41 U.S.C. 10). The Buy American Act gives preference to domestic end products and domestic construction materials. In addition, the Memorandum of Understanding between the United States of America and the European Economic Community on Government Procurement, and the North American Free Trade Agreement (NAFTA), provide the EC and NAFTA end products and construction materials are exempted from application of The Buy American Act. First Party encourages second party to use Kentucky services and'or products. Classified National Security Information As defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. No funding under this award shall be used to support a contract, sub award, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information. Where an award recipient has been approved for and has access to classified national security Document Phase Document Description Page 1400002796 Draft Paducah, City of 13-021 �, 15 of 26 information, no funding under this award shall be used to support a contract, sub award, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. Such contracts, sub awards, or other agreements shall be processed and administered in accordance with the DHS -Standard Operating Procedures, Classified Contracting by States and Local Entities, - dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions, All security requirement documents are located at: httu:i/w�ew dhs oov'xopnbizt�rvtts'index shtm Clean Air Act of 1970 and Clean Nater Act of 1977 All recipients of financial assistance will comply with the requirement of 42 U.S.C. $ 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's an resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the station's waters is considered research for other purposes. Copeland "Anti -Kickback" Act The Second Party agrees that it will comply with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in United States Department of Labor Regulations (29 CFR Part 3). As applied to this agreement, the Copeland `'Anti -Kickback" Act makes it unlawful to induce, by force, intimidation, threat or procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. COP) rig ht All recipients must affix the applicable copyright notices of 17 U.S.0 § 401 402 and acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control Laws or regulations). Debarment and Suspension All recipients must comply with Executive 01clers 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealing with the Federal government. 1400002736 Document Phase Draft Disadvantaged Business Requirement Document Description Paducah of 13-021 Page 16 of 26 To the extent that the Second Party uses contractors or subcontractors, such recipients shall use small, minority, women -owned or disadvantaged business concerns and contractors or subcontractors to the extent practicable. Drug-free Workplace ,pct All recipients must comply kith the Drug -Free Workplace Act of 1988 N12 U&C. § 701 ei seq ), which requires that all organizations receiving grants from any Federal Agency agree to maintain a drug-fiee workplace. These regulations are codified at 2 CFR 3001. Duplication of Benefits State, Local and Tribal Recipients must comply with 2 CFR Part §225, �Ippendiz'1, paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. Environmental Standards The recipient will comply with all applicable Federal, State, and local environment and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, and Executive Orders oil Floodplains (11988), Wetlands (11990), and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits mayjeopardize Federal Rending. Recipient shall not undertake any project having the potential to impact EHP resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbance activities occur during project implementation, the recipient must ensure monitoring of ground disturbance and if anypotential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated prior to the full environmental and historic preservation F0% I'M could result in a non-compliance finding. The Second Party shall provide such information as may be requested by KOHS to ensure compliance with any applicable environmental laws and regulations. Second Party shall not undertake any construction project without the approval of First Party and DHS, as required by the grant guidance. Document Phase Document Description Pae 1400002736 Draft g Paducah, City of 13-021 � 17 Of 26 Equipment Marking The Second Party agrees that, when practicable, equipment purchased with grant funding shall be prominently marked as follows: "Purchased with fiends provided by the Kentucky Office of Homeland Security and the U.S. Department of Homeland Security" in order to facilitate their own audit processes, as well as Federal audits and monitoring visits, which may result fi'om receiving Federal funding. Additionally, any equipment purchased with funding under this agreement shall, when practicable, bear on it the logos of the Kentucky Office of Homeland Security and the U.S. Department of Homeland Security. Use of DRS Seal, Logo and Flags All recipients must obtain DHS's approval prior to using the DHS seal(s), Logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Federal Debt Status All recipients are required to be lion -delinquent in their repayment of any Federal debt. Examples ofrelevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF 424, item number 17 for additional information and guidance. False Claims Act and program Fraud Civil Remedies All recipients must comply with the requirement of 31 U.S.C. )�3729 which set forth that no recipient of federal paymens shall submit a false claim for payment. See also 38 U.S.C. 3801-3812 which details the administrative remedies for false claims and statements made. Federal Energy Policy Legislation Second Party must comply with the following: Nolle of the funds made available shall be used in contravention of the Federal buildings Performance and reporting requirements of Executive Order No. 13123, part 3 of title V of the national Energy Conservation Policy Act (42 US.0 851 et seq), or subtitle A of title I of the Energy Policy Act of 2005 (including the amendments made thereby). None of the funds made available shall be used in contravention of section 303 Policy Act of 1992 (42 USC 13212). of the Energy Fh America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: Travcl supported by CLS. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. ,p' 41102) for international air transportation of People and property to the extent that such sets ice is available, in accordance with the Document Phase Document Description Page 1400002736 Draft Paducah, City of 13-021 j 18 of 26 International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. � 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1931, amendment to Comptroller General Decision BI 33942, Fusion Center The Second Party agrees that funds utilized to establish or enhance state and local fission centers must support the development of a statewide fusion process that corresponds with the Global JUStice,'Hoineland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool, Hatch Act The Second Party agrees to comply with the Hatch Act (5 U.S.C. 1501-1508 ancl7324 — 7328), as implemented by the United States Office of Personnel Management at 5 CFR Part 15 I, which limits political activity of employees or officers of State or local ;overnments whose employment is connected to an activity financed in whole or part with Federal hinds. Hotel and Motel Fire Safet3 Act of 1990 In accordance with section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. � 2225(a) all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal fiords complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. $2225. Integrating Individuals with Disabilities into Emergency Planning The Second Party must integrate individuals with disabilities into any emergency planning activity. Section 504 of the Rehabilitation Act of 1973, as amended Prohibits discrimination against people with disabilities in all aspects of emergency mitigation, planning, response, and recovery by entities receiving financial finding from FEMA. In addition, Executive Order 13347, Individuals with Disabilities in Emergency Preparedness, signed in July 2004, requires the Federal government to support safety and security for individuals with disabilities in situations involving disasters, including earthquakes, tornadoes, fires, floods, hurricanes, and acts of terrorism. Executive Order 13347 requires the Federal government to encourage consideration of the needs of individuals with disabilities served by State, local, tribal, and territorial governments in emergency preparedness ptanning. Lobb, ing Prohibitions All recipients must comply with 31 U.S.C. � 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, of an employee of a Member of Congress in connection with any Federal Document Phase Document Description Page 1400002736 Draft Paducah, City of 13-G21 19 o(26 i action concerning the award or renewal. National Initiatives All award recipients must be aware of and support the following national preparedness initiatives: HSPD-8:'National Preparedness The Second Party must be aware of and support HSPD-8 that establishes policies to strengthen the preparedness of the United States to prevent and respond to threatened or actual domestic terrorist attacks, major disasters, and other emergencies by requiring a National Preparedness Goal, establishing mechanisms for improved delivery of federal preparedness assistance to state and local governments, and outlining actions to strengthen preparedness assistance to state and local governments, and outlining actions to strengthen preparedness capabilities of Federal, state, and local entities, Reduction in Contract Worker Hours The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the contract xvIiI be reduced by the amount specified in that document. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS The Second Party trust, in addition to the assurances made as part of their application, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of the award, and the approved application. The Second Party agrees that all allocation and use of funds under this agreement will be in accordance with the appropriate FFY20 t 2 Homeland Security Grant Program Funding Opportunity Notice and must support the goals and objectives included in the State Homeland Security Strategy. Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. National Preparedness Reporting Compliance The Government Perfortnance and Results Act of 1993 (Public Law 103-62) requires that the Department collect and report performance information on all programs. For grant programs, the Document Phase Document Description ! Page 4400002736 Draft Paducah, City of 13-021 20 of 26 prioritized Investment Justifications and their- associated milestones provide an important too[ for assessing grant performance and complying with these national preparedness reporting requirements. FEMA will work with grantees to develop tools and processes to support this requirement. FEMA anticipates using this information in making future -year grant program funding decisions. Award recipients must agree to cooperate with any assessments, national evaluation efforts; or information or data collection requests, inc'.uding, but not limited to, the provision of any information required for the assessment or evaluation of any activities within their grant agreement. This includes any assessments, audits, or irLITSCigations conducted by DEIS, the Office of the Inspector General, or the Government Accountability Office (GAO). .National Response Plan (NRP The Second Party must be aware of and support and in all respects comply with the NRP that is an all -discipline, all -hazards plan that establishes a single, comprehensive framework for the management of domestic incidents. It provides the structure and mechanisms for the coordination of federal support to state and local incident managers and for exercising direct federal authorities and responsibilities. The NRP assists in the important homeland security mission of preventing terrorist attacks within the United States; reducing the vulnerability to all natural and manmadc hazards and minimizing the damage and assisting in the recovery from any type of incident that occurs. Compliance with the NRP coordinating structures, protocols and processes is essential for ensuring a national comprehensive approach to domestic incident In Inagements Nou-supplanting Requirement All recipients must ensure that Federal funds do not replace (supplant) bunds that have been budgeted for the same purpose through non -Federal sources. Applicants or award recipients may be required to demonstrate and document that a reduction in non-Fedcral resources occurred for reasons other than the receipt of expected receipt of Federal ftmds. Preference for U.S. Flag Carriers The Second Party agrees to comply with 46 U.S.C. 1241(b,) and regulations issued there under (46 CFR Part 381) concerning the use of privately -owned United States Flag commercial vessels. Protected Critical Infrastructure Iuiformation (PCII) The PCII Program, established pursuant to the Critical Infrastructure Act of 2002 (Public Law 107296) (CII Act), created a framework which enables members of the private sector, States, localjurisdictions, and tribal nations to voluntarily submit sensiti%e information regarding critical infrastructure to DHS. The Act provides statutory protection from public disclosure and civil litigation for Cil that is validated as PCII. When validated as ]PCII, the in`ormation can only be shared with governu-rlent employees who complete the training requirement, who have Homeland Security duties acid a need to know. PCII accreditation is a Formal recognition that the covered government entity has the capacity and capability to receive and store. PCII Document Phase Document Description i Page I 1 4DOOD2736 Draft Paducah, City of 13-021 121 of 26 appropriately. Publications Statement S,:cond Party agrees that all publications created with funding under any grant award shall prominently contain the following statement: "This document was prepared under a grant From the Kentucky Office of Homeland Security (KOHS), Federal Emergency N-tanagement Agency's Grant Programs Directorate (FEMAlGPD) within the U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of KOHS or FEMA/GPD or the U.S. Department of Homeland Security." Additionally, any publication created with funding under this agreement shall bear on it the logos of the Kentucky Office of Homeland Security and the U.S. Department of Homeland Security. Trafficking Victims Protection Act of 2000 .111 recipients offinancicd assistance will comply with the requirements of the government-tvicle award tenni 11-hich implements Section 106(g) of the Ti-gfficking Victims Protection .4ct (TYPA) of 2000, os amended (22 C%.S.C. , 7104), located cit 2 CFR Part 175. This is implemented in accordance with OMB Iirtc'riun Final Guidance, Federal Register, Volume 72, A"o. 218, November 13, 2007. In accordance with the statutoi-y requirement, in each agency, cmvi-d under which f nrding is provicled to a private entity, Section 106(8) of the TiP,4, cis omei7cled, i-equii-es the agency: to include o condition that ctathovi>es the cigency to tennincite the atti•arcl, 1tithow penalo', if the recipient oi, a sub recipient - (a) Engages in severe forms of trafficking ii? persons dm-ing the period of time thw the a1+kind is in effect: (b) Procures a commercial sex oci during the period of bine that the cmrard is in effect, or (c) Uses forced labor in the peifornrance of the 61"'ard or sub awai-ds undei- the ai+vr-cl. Full text of the aivcwd term is pi-ovicled cit 2 C'FR § 175.15. USA Patriot Act of 2001 All recipients must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act), which amends 18 U.S.0 175-175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or deliv-ety system of a type or in a quantity that is not reasonably justified by prophylactic, protectis-e, bona tide research, or other peaceful purpose. Technology Requirements \ationat Information Exchange Model (`IEM) FE1,lA requires allgrantees to use the latest titEM specifications and guidelines regarding the use of Extensible Markup Language (X'vIL) for all grant ay.-ards. Furthcr iaiformation Document Phase Document Description Page 1400002736 Draft Paducah, City of 13-021 22 Of 26 about the required use of NIEM specifications and guidelines is available at htt :'u\vw.niem.eov Geospatial Guidance Geospatial technologies capture, store, analyze, transmit, and/or display location -based information (i.e., information that can be linked to a latitude and longitude). FEMA encourages grantees to align any geospatial activities with the guidance available on the FEMA website at ht p:% -www fema vovtorants 28 CFR Part 23 Guidance FEMA requires that any information technology system funded or supported by these funds comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if this regulation is determined to be applicable. Best Practices for Government Use of CCTV DHS recommends thatgrantces seeking funds to purchase and (CCTV) install closed circuit television systems, or hinds to provide support for operational CCTV systems, review and utilize the guidance in Best Practices for Government Use of CCTV: Imptementing the Fair Information Practice Principles available on the DHS Privacy Office website at IMP:www dhs vo\'xlibra REPORTING REQUIREMENTS Reporting requirements must be met throughout the life of the grant. Any reports or documents prepared as a result of this grant shall be in comptiance with Federal "plain English" policies, directives, etc. DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree -and require any sub recipient's contractors, successors, transferees, and assignees acknowledge and agree -to comply with applicable pro% isions governing DHS access to records, accounts, documents, information, Document Phase Document Description Page 1400002736 Draft Paducah. CFty of 13-021 23 of 26 facilities, and staff, 1. Recipients must cooperate with arty compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts anti other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4, Recipients must comply with all othr special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in porgrm guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcorne and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties, 6. In the event any court or administrative agency makes a finding of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or- awarding office, The united Stags has the right to seek judicial enforcement of these obligations. Certirication (Access to Records) The state agency, certifies that it is in compliance with the provisions of-KRS 45,4.695. ".4ccess to conn -actor's books, documents, papers, records, or other evidence directly pertinent to the contract. " The contractor, as (Iejined in KRS 45,1.030 (9) agrees rhat the contracting agency, the Finance w0,4ch rinistr•ation Cabinet, the Auditor- of Pitblic 4ccounls, and the Legislative Research Commission, or their duly crrtthorized representatives, shall have access to an)� books, documents, papers, records, or other evidence, which erre directiv pertinent to this cowroct for the purpose of finemcial audit or pr-ograin review, Recw-cls and oilier- pr,equalifrcation injbi-mation confidentially disclosed as pa) -t of the bicl process shall not be cleemed as directl7� pertinent to the contract and shall he exempt f-ont disclosure as provided in KISS 61.878(1) (c). The contractor- also recognizes that any- books, clocumerrts, papers, r-ecw-ds, or other evidence, received during a fitrancial audit or program review shall be subject to the Kentucky. Open Records .dct, KRS 61.870 to 61.884 Closeout The First Party will close out this award when it determines that all applicable administrative actions and all required work of the grant have been completed. Witlun 30 days after the expiration or termination of this agreement, the Second party must submit all financial, performance, and other reports required as a condition of this grant, Cooperation It is specifically recognized by the Second Party that it is their duty to reasonably accommodate Document Phase Document Description i Page 1400002736 Draft Paducah_ City of 13-021 124 of 26 the informational requests of the First Party in a timely manner and in the form they are requested. The Second Party agrees that the sole and final authority on compliance with any Federal or State regulations, statues and guidelines with respect to the grant rests with the Second Party and as such, will ensure that every effort is made to honor that compliance guidance. Exercise EN aluation and Improvement Reports Any Second Party horded to provide Exercises must report on any scheduled exercise and ensure that an After Action Report (AAR) and Improvements Plan (IP) are prepared for each exercise conducted with FENTA support (grant funds or direct support) and submitted to the FE\dA Grants and Preparedness Community of Interest (COI) on the Homeland Security Information Network (HSIN) within 90 days following completion of the exercise. Required submissions: AARs and IN (as applicable) Financial and Compliance Audit Report The Second Party agrees to submit each year financial information on the total amount of federal funds expended. If the Second Party expends 5500,000 or more in total federal grant money during the sub recipient's fiscal year, an annual audit will be performed and a copy provided to the Kentucky Office of Homeland Security no later than 30 days after receipt of the final audit report. OMB Circular ,4-133, Audit of the States, Local Governments, and Non -Profit Organizations. Required submissions: Verification of federal expenditures and Single Audit (as applicable) \lonitoring The Second Party shall submit, at such times and in such form as ntay be prescribed, such reports as the first party may reasonably require, including financial reports. progress reports, Final financial reports and evaluation reports. The Second Party shalt also comply with any and all site visit monitoring performed by the First Party. The Second Party agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. Required Submissions: Any other requested reports and site visits Quarterly Reports The Second Party agrees to submit within 30 days after the end of cacti calendar quarter a writtcn report on all programmatic and financial activities. Quarterly reports will be submitted on approved Kentucky Office of Homeland Security forms as provided by the First Party. Required Submissions: Quarterly Reports Document Phase Document Description Page 1400002736 Draft _ Padueah, City of 13-021 25 of 26 Open Records Request for information under the Kentucky Open Records Act which may reasonably lead to the discovery of any information related to homeland security records as defined by KRS 61 may not be disclosed without the written approval of the Director of KOHS. Performance Timeline Upon request by the First Party, the Second Party wilt provide summaries of progress made to date on this agrcement. Should the First Party find the performance unacceptable, the First Party shall provide written notification and may cancel the agreement immediately. Central Contractor Registration and Universal Identifier Requirements Upon request by the First Party, the second Party must provide its DUNS number. Retention of Records Records must be retained for three years from the day that the Kentucky Office of Homeland Security submits its final expendintre report for the federal grant funding this project. Document Phase Document Description Page 1400002736 Draft Paducah. City of 13-021 26 of -- 26 SECOND PARTY Second Party Signature Title Date First Parte ConuuonNrealth of Kentucky, Office of the Governor, Kentuck} Office of Homeland Security Eugene L. Kiser, Executive Director Signature Date approved as to form and legality: Date Agenda Action Form Paducah City Commission Meeting Date: November 12, 2013 Short Title: Zoning Tett Amendment - Parking Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen ErN in. Joshua Sommer Presentation By: Stephen Erein Background Information: The intent of this Zoning Text Amendment is to make changes to Sections 126-71 (Off-street Parking and Loading Areas) as fotlo%cs. Staff AnaINsis: The Planning Commission made a positiae recommendation to amend Section 126-71, Off -Street Parking and Loading Areas. The Planning Department vould like to clarif} parking requirements for hotels. motels & quick -style restaurants. Federal ADA guidelines relating to handicapped parking are also being addressed. See. 126-71. Off-street parking and loading areas. (a) Intent (b) General Regulations (c) Design Approval (d) Off-street parking requirements for residential land uses. (e) Off-street parking requirements for nonresidential land uses. GFA—Gross floor area measured in square feet. GLA—Gross leasable area measured in square feet. Use Parking Requirement Assembt} operations I per 800 GFA Auto sales: Outdoor displa} Indoor displa} office Repair facilities Bars and lounges Bo%\ line aIle\ Car wash Places of %%orship Da% care facilities I per 3,000 sq. ft. 1 per 750 GFA t per 150 GFA I per 200 GFA l per aIle} t0 per tunnel (parking and stacking) t per 3 seats I per 400 GFAi and a pa%ed unobstructed pick-up space with adequate stacking areas (as determined by the Department of Planning) shall be provided in addition to the standard parking requirements: and a safe pedestrian walkwa} system (as approved by the Department of Plannine) through the parking areas to the building entrance, kith a minimum l5 -foot safery zone between the parking spaces and the front buildins entrance. Financial institutions I per 300 GFA Finishing operations I per 800 GFA Golf courses 50 per nine holes Group homes I per 600 GFA Hotel motel I per room plus I per additional 100 GFA of ballrooms' banquet rooms' mcetin� rooms and similar spaces. Hospitals 2.25 spaces per bed Industrial I per 800 GFA Library t per 300 GFA Manufacturing I per 800 GFA Medical centers/offices I per 200 GFA Offices: Under 50,000 GFA 4.5 per 1,000 GFA 30,000 to t00,000 GFA 4 per 1.000 GFA 100,000 -GFA 35 per 1,000 GFA Receiving I per 5.000 GFA Research I per 1.000 GFA Restaurant: Quick style I per 30 GFA (of the public dining areal Drive through 8 stacked spaces (per windo\r) Sit down style I per 3 seats Retail stores I per 300 GFA Schools: Elementary 2 per classroom hitermediate 1.5 per classroom Secondar} I per 1.000 GFA Higher or vocational Ser\ ice stations Shipping facilities Shopping centers: Under 400,000 GLA 400.000 - GLA Storage areas/Facilities Theater: Free standing In shopping center Warehouse 10 per classroom plus (a) I per campus vehicle. (b) Additional visitor parking to be 25 percent of total parking. (c) Parking must be in reasonable proximity to destination points. 4 per ba) or work area I per 5,000 GFA 3.5 per L000 GLA 4 per 1.000 GLA 1 per 5,000 GLA 1 per 3 seats 1 per 4 seats t per 5.000 GFA When computing number of seats and GFA or GLA for parking. �Nhere no individual seating (such as and like sports facilities and places of worship) is provided. every 24 inches will be considered a seat. When calculating GFA and GLA, fractions up to one-half shall be disregarded. and fractions of one-half or more shall require one parking space. �X hen calculating the required parking for a specific intended use that does not appear in this section, the Zoning Administrator shall make a determination of a similar use that does appear in this section. (f) Number of off-street loading spaces. (g) General design requirements: maintenance standards. l) Aisles and access drives. (2) Traffic circulation controls. (3) Surfacing. (4) Lighting- (5) ighting(3) Traffic visibility sight triangle required. (6) Areas greater than minimum standards. (7)Maintenance. (8) Access design requirements. a. Entrances and exits. One-way entrances and exits shall be at least 16 feet wide. Two -\\a\ entrances and exits shall be at least 24 feet wide for minor streets and 30 feet wide for arterial or collector streets. b. Curb cuts. All curb cuts shall be subject to review and approval b} the Department of Engineering and En%ironmental Scr\ices. C. Minimum space sizes. L Employee parking: 9 . 18 ft. (including the fotlowing uses: lots solely for employee parking. offices. financial (h) Layout and dimensions of spaces. Handicap parking requirements. (t) Parking lots in excess of 4=4 four spaces shall prov ide handicap parking at the following rate or as may be required by Kentucky Building Code or the American Disabilities Act, whichever is more stringent: Number of spaces required l to 25 Handicap stalls 26 to 50 institutions, personal services, restaurants, and retail trades 5 l to 75 where bagged or bulky goods are not transferred: and other 76 to 100 similar uses as determined b% the Zoning Administrator.) 2. Public parking: 10 x 18 ft. (Including the follo�%ing uses: 1 5 1 to 200 supermarkets, convenience stores, take-out restaurants. 201 to 300 department stores, furniture outlets, and other similar uses 301 to 400 that transfer large or bulky items; also medical offices. 401 to 500 hospitals, clinics and nursing homes: and all other similar 50t to 1000 uses as determined by the Zoning Administrator.) 3. Parking Garages: 8 ft. 8 in. x 18 ft. 4. Parallel parking: 10 x 24 ft. b. Handicap parking: 16 x 2-0 18 ft. (first space) 13 x 2-0 18 ft. above first space. One of eNera sir handicapped spaces, or fraction thereof, must be van accessible (16 X 18 ft.) 6. Load ingtunloading: 10 x 50 x 14 ft. d. Screening requirements. Screening shall be provided as per section 126-72. Layout and dimensions of spaces. Handicap parking requirements. (t) Parking lots in excess of 4=4 four spaces shall prov ide handicap parking at the following rate or as may be required by Kentucky Building Code or the American Disabilities Act, whichever is more stringent: Number of spaces required l to 25 Handicap stalls 26 to 50 2 5 l to 75 3 76 to 100 4 101 to L50 5 1 5 1 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 50t to 1000 21/0 of total 1001 and o%er 20 his l for each 100. or fraction thereof. over 1000 (2) These represent minimum requirements for all propert% uses: applicants are encouraged to provide additional space if known that their particular use dictates additional space. (j) Adjustment for mixed use developments. Recommendation: The Planning Commission held a public hearing and made a positive recommendation to the Citi Commission. Funds Available: Account Name: N A Account Number: N A Finance Motion Attachments Department Head City Clerk �D�yManag�er Agenda Action Form Paducah City Commission Meeting Date: November 12, 2013 Short Title: Zoning Test _amendment — Sign Regulations Ordinance (]Emergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin, Joshua Sommer Presentation By: Stephen Ervin Background Information: The intent of this Zoning Text .amendment is to make changes to Sections t26-76 (Sign Regulations) as follows. Staff Analcsis: The Cite of Paducah «ould like to amend Section 126-76 Sion Regulations. Section (d) (5) K (6) make references to ordinances that don't exist or have been changed. Section (g) contains claritled regulations for identification signs for places of worship and also contains ne%% reLiulations to alloy% places of worship to ha%e electronic message suns. provided certain conditions are met. See. 126-76. Sign regulations. (a) Purpose. (b) Definitions. (c) General regnlations. (d) Regulations for temporar-, signs. (I) Temporar} signs 0hich adccrtise or promote a political campaign or the expression of ideas or beliefs shall be subject to the follo%ying regulations: a. b. C. (2) Temporan signs which ads ertise the sale. lease or decelopntent of real propert}. shall be subject to the folto�%int regulations: a. Such signs mac be erected at the time of the commencement of the sale of the real propert} and mac be maintained for a period not to exceed ten dacs after completion of the sale, at u%hich time such sums shall be removed. b. Such signs shall not exceed six square feet in area per sign face. excepting howccer. such signs located in a 3-3, HBD. M -l. NI -2. M-3, H -yl. POP, or M-1- Zone kith frontage oeer 200 feet shall not exceed 3' square Feet in area per sign face. C. No more than one sign shall be permitted for each 300 feet the lot or traet upon which the sign is to be located abws upon a public right -of -\%a%. d. Such signs ma} be located v%ithin seven feetofa street right-of-vNav line. 3) Temporary signs �Oiich advertise construction sery ices and services related thereto shall be subject to the foll0%%ing regulations. a. b. C. d. (-f) Temporary signs which advertise or promote business evens. special sales. "under nea management". "going out of business", "grand opening" and similar announcements shall be subject to the fotlowing regulations: a. b. C. d. (5) Temporar\ signs which advertise or promote general events shall also be in compliance Faith section 98-3 3 of the Code of Ordinances. (6) Temporan signs which advertise or promote circuses or carnivals or other special events shall not exceed t00 square Leel and shall be erected within 30 days of the event and removed %within t0 days following the event and sI�N aEl zts +sem n a pre +stens eft+a3 erro sof Otd+ns. Each special event is limited to two Stich signs on the property the special event is being held on. (7) Temporary signs which advertise or promote yard sales ma} only be erected the day before the sale and shall be removed on the daa following the sale. Such signs shall not exceed six (6) Square feet per sign face. Stich signs mai be located within seven (7) feet of a street right-of-way line. e) Signs permitted in all zones and districts. (t) Signs prohibited in all zones and districts. (g) Signs authorized for R -I, R-2, R-3, NSZ and R --t Zones. No signs shall be permitted in the R -I, R-2, R-3, NSZ and R -d zones in the cite except as provided in subsection (e) above and as prov ided in subsection (e) abo%e, (7) below and as provided as follows: I) Signs with nameplates affixed to the exterior wall of a structure and not exceeding t8 inches b} 24 inches in area shall be permitted for each single family dwelling unit. Such nameplates shall indicate nothing other than the name of the premises and, or the name and or address of the occupants. Such signs may only be illuminated indirectly. (2) ,A sign identifying the name of subdivisions and public or private schools shall be permitted provided such signs do not exceed 48 square feet in area per sign face. Such signs may include an attached or freestanding announcement sign. Subdivision signs ma% only be illuminated indirectl}. Public or private school signs may be lighted. Non-commercial public or private schools may have an Electronic message sign. Such suns shall not be erected closer than t-en fide feet to ani propert\ line unless attached to a building and shall not exceed eight feet in heiuht. f �) Bulletin boards and identification signs shall be permitted at places of \worship provided such identification signs or bulletin boards do not exceed 48 square feet in area per sign face. One free-standing identification sign is permitted per lot. however, one additional free-standing identification sign shall be permitted for places of ��orship on the intersection of two streets or has double frontage on parallel streets. Such signs may indicate the name and or address and activities relating to the premises. Such signs may be lighted. Such signs shall not be erected closer than t-en five feet to any property line unless attached to a building and shall not exceed eTten feet in height. n� Places of worship may have one electronic message sign. in lieu of one identification sign, provided the following requirements are met: (a) Such sign may not exceed 48 square feet in area per siert face. (b) Such sign may not exceed ten feet in height. (c) Such sign shall meet the requirements provided in 126-76 (k) (5 ) (d) Such sign shall be located at Least 200 feet away from anti residential structure in residential (R-1, R-2, R-3 & R-4) zones, except For pastor resider[ces. parishes, rectories and caretaker dwellings, which are owned bv be dace of worship. The 200 feet measurement includes residential Structures on the opposite sides of public I.Qvs. Said measurement shall be taken from the nearest outside wall of the structure. Further, such sign shall not be closer than five feet to ari )roperty line unless attached to a buildin, (e) Such sign shall be located on the same lot as the principal building?. (f) Only one electronic message sign (either free-standing or attached to a building) shall be permitted per place of worship. (4) Signs for advertising nurseries or day cares in the R- 1, R-2 and R-3 zone shall be permitted provided such signs comply ,� Itll subsection (e) 054 L(51. (5) Free standing business signs, advertising the business uses, in the R-4 zone shall be permitted per lot provided the sign is no larger than 12 square feet in area per sign Face and be no taller than ten feet. Such signs may only be illuminated indirectly. a. Only one free standing business sign shall be permitted on any lot. b. Wall signs shall be permitted foi- each tenant or lessee. The area of the mall signs shall not exceed 20 percent of squar;, footage of face of building. structure or face of tenant or lessee space. Liglited signs are permitted. Wah signs shall not be located on ani- portion c)f the rook that encloses the building. {6) Private directional signs indicating entrance. exit or location of' parking shall be permitted in the R-4 zone. Such signs shall not exceed four square feet in surface area for each sign and the height must not be more than 30 inches from the street level. These signs must be placed on private property and not on public right-of-\\ay. (7) One fa4ade sign shall be permitted on any lot in the NSL Such signs shall only be approved for Conditional Permitted Uses. Such sign shall be permitted pro\ ided the sign is no larger than 8 square feet in area per siw face. Such signs may onl} be illuminated indirectly. (8) ,Apartment complexes maN ha%c pri%ate directional signs indicating entrance, exit or location of parking prov ided such signs do not exceed four square feet in surface area for each sign face and the height shall not exceed 30 inches from the street lc%el. These signs shall not be placed within the public right-of-vca% and shall not exceed more than taco per public street frontage. Further, apartment complexes may hate one free standing apartment complex identification sign on anc lot pro%ided: ho«ever one additional sign shall be permitted for each additional 300 feet of street frontage. One additional free standing apartment complex identification sign shall be permitted if the business is located at the intersection of tNo streets. The size of the sign shall not exceed 36 square feet in area per sign face. The outer edge of the sign shall be set back at least seven feet from the side lot line. All permitted apartment complex identification signs shall not exceed a height of 8 feet from the adjacent grade. Such signs shall be illuminated indirectlo. (h) Signs authorized for B -2-T zone. (i) Signs authorized for H-1 zone. (j) Signs authorized for H-2 zone. (k) Signs authorized for B-1, B-2, B-3, M -t, NI -2, M-3 and HBD zones. (1) Signs authorized for POP Zone. (m) Signs authorized for MU Zone. (n) Signs authorized for HNI Zone. (o) Signs authorized for NCCZ. (p) Application Fees and Penalties (q) Permitted nonconforming signs. (r) Replacement advertising signs. (s) Signs constituting a nuisance --Abatement. Recommendation: The Planning Commission held a public hearing and mace a positivc recommendation to the Citi Commission. Funds Available Motion Attachments: Account Name: N A Account Number: N A Head 11 City Clerk Finance Agenda Action Form Paducah City Commission Meeting Date: November 12 12, 2012 Short Title: Zoning Test .amendments Ordinance ®Emergency ❑ Municipal Order ❑Resolution ❑ Staff Work By: Stephen Ervin Presentation By: Stephen Ery in Background Information: The intent of this Zoning Text .Amendment is to make changes to Sections 1_6-106 (Com enience and Sery ice Zone, B- I) as fol loss. Staff Anal sis: The CitN of Paducah would like to amend Section 126-106 CorNenience and Sen ice Zone. B-1. Variet} store has been removed as it is a form of retail, Subsection h is proposed to be changed to conditional uses. approsed b% the Board of AdiList men t. .-A new proposed conditional use %could be automobile rental, sales and service. Currently only automobile service stations are permitted. Sec, 126-106. ConNenience and Service Zone, B-1. The purpose of this zone is to pros ide convenient shopping areas to sere nearby residential areas. t) Principal permitted uses. a. Any use permitted in the R -d zone (except all new residential structures shall compl} with the R-4 zone yard requirements) b. Home occupations C. Hotels and motets d. Funeral homes e. Commercial greenhouses f -Assembtc buildings of fraternal, professional and labor organizations Q. Fhe foltowing uses, prov ided the} are conducted �sholly within a builclinL) except for off-street loading and unloading: 1. Retail establishments (product processing is allowed only if the products are sold at retail on the premises) 2. Personal and convenience service establishments 3. Shoe staga repair shop d. Tailor shop 5. Theater 6. Verieta-stet€ h- 2) Condittonally permitted uses 8R tile OenditiOFIS i c " It. I)hl iqhrnetits uses, The Coffimissio Board of Adjustment shall determine that the aboA-e listed uses kill not be detrimental to adjacent residential property via excessive noise, light, odor. traffic congestion or vibration. Des c --r b eongestion n not eecur. a. Automobile rental, sales or scraice b. Drive-in establishments c. Other similar but undefined uses H (31 lininIUM yard requirements. a. Front yard. None, except for arterial highway strip commercial uses, for which a minimum front yard of 25 feet shall be provided. b. Side pard. None, except for arterial highway strip commercial uses: for such uses the side yards shall not be less than 12 feet except that am side card abutting a residential district shall not be Tess than 25 feet. C. Rear yard. None, except for arterial highma% strip commercial uses: for such uses a rear yard of ten feet shall be provided; if such use is serviced from the rear or if it abuts a residential district. a rear ; and of not less than 30 feet shall be provided. Minimum area requirements. a. ylinimum lot area: 5,000 square feet. except for arterial highway strip commercial uses, which shall be not less than 10,000 square feet. b. ,tinintum lot width: 50 feet, except for arterial highway strip commercial uses. which shall be 75 feet. (d4' ) Maximum building height. None. (5-) C(i) Accessory buildings. Accessory buildings shall be built uo closer than t5 feet from an} property line and no closer than ten feet from an} other building. 0) L) .access control. a. Lots with less than 200 feet of frontage Shall hay- only one point of access to am one public street. b. Lots in excess of 200 feet ma} have two points of access for each 200 feet of frontage on any one public street. C. All points of ingress and egress to major arterials shall be at least 50 feet front the ramp pavement transition point of highway interchanges. (� (8� Setback requirements for business zones facing R-1 or R-2 residential zone. a. Where a business zone faces an R-1 zone andor an R-2 residential zone, the Planning Commission shalt require a minimum frontNard setback of 2> feet. b. Screening requirements shall be the same as section 126-72. f84(9) Parking requirements. See section t? -6-71. Recommendation: I he Planning Commission held a public hearing and made a positive recommendation to the Cin Commission. Funds Available: Motion Attachments: Account Name: N a Account Number: ` A Finance Department Head City Clerk City Manager