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HomeMy WebLinkAboutCCMPacket-2020-03-10CITY COMMISSION MEETING AGENDA FOR MARCH 10, 2020 5:30 PM CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PRESENTATION(S) Paducah Annual Audit - David Hampton, Kemper CPA Group Parking Assessment Study - Mohammad Nouri Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA A.Approve Minutes for February 25, 2020 B.Receive & File Documents C.Appointment of Mark Kettler and reappointment of John Gill to the Paducah Golf Commission D.Personnel Actions E.Approve a Municipal Order appointing Sidonie Hancock Paducah Junior College Board of Trustees - L PARISH F.Acceptance of the KOHS 2019 Grant Award in the amount of $97,000 for an airport terminal access control system for Barkley Regional Airport - T WILSON G.Approve Tyler Technologies, Inc. Contract Amendment for Removal and Addition of Software - B LAIRD II. RESOLUTION(S) A.A Resolution in Support of HB 484 related to CERS Separation - J ARNDT III. ORDINANCE(S) - ADOPTION A.Approval of contract with Adam's Contracting, LLC in the amount of $274,121 for the Perkins Creek "Bob Leeper" Pedestrian Bridge project - R MURPHY B.Approval of Professional Services Contract with BFW Engineering & Testing, Inc. in the amount of $52,204 for the Floodwall Seal Closure Project - R MURPHY C.Amend Code of Ordinances Section 78-32 Related to Vacation Leave - S SUAZO D.Approve a Budget Amendment in the amount of $1.5 Million for BUILD Grant Match and Project Related Expenses - J ARNDT IV. ORDINANCE(S) - INTRODUCTION A.Approve Budget Amendment in the amount of $141,000 for the Replacement of Paxton park Grounds Equipment - J ARNDT B.Approve a Budget Amendment in the amount of $80,000 for For the Buckner Lane Bridge Project - J ARNDT C.Approval of a Professional Services Contract with BFW Engineering & Testing, Inc. in the amount of $154,036.00 for Engineering Services for the Buckner Lane Bridge Project - R MURPHY D.Approve Professional Services Contract for a Classification and Compensation Study for a base fee of $39,000 with additional expenses not to exceed $1,600 with CBIZ Benefits & Insurance Services, Inc. d/b/a CBIZ Talent and Compensation Solutions - S SUAZO V. DISCUSSION A.2020 Our Paducah Strategic Plan - M SMOLEN VI. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VII. EXECUTIVE SESSION February 25, 2020 At a Regular Meeting of the Board of Commissioners, held on Tuesday, February 25, 2020, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). INVOCATION: Commissioner McElroy led the Invocation. PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. ADDITIONS: City Manager James Arndt requested that Item II(B) – Approve MOU with Sprocket, be added. CONSENT AGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed for separate consideration. There were no items removed. Mayor Harless asked the City Clerk to read the items on the Consent Agenda. I(A)Approve Minutes for the February 11, 2020 Meeting of the Board of Commissioners of the City of Paducah I(B)Receive and File Documents: Minute File: 1. Emergency Procurement – qualified professional engineering firm – Bridge replacement Buckner Lane (signed by City Manager January 23, 2020) Contract File: 1. Agreement between City of Paducah and the Paducah Police Department Bargaining Unit (ORD 2020-02-8616) 2. Agreement between City of Paducah and the Professional Fire Fighters of Paducah, Local 168, International Association of Fire Fighters (IAFF) (ORD 2020-02-8617) 3.Renewal Agreement – EPW Concrete Program One-Year Renewal (MO #2080) 4. Agreement between City of Paducah and HDR Engineering, Inc. – Transient Dock Project – Environmental Permitting (Signed by City Manager) Bids File: 1. Comcast of the South – Cable TV service for City of Paducah (only bid) I(C)Appointment of Chris Cappock to the Brooks Stadium Commission. This term shall expire December 31, 2023. I(D)Personnel Actions 580584584 February 25, 2020 I(E) A MUNICIPAL ORDER ADOPTING AN AMENDMENT TO THE FY2019-2020 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY (MO#2317; BK 11) I(F)A MUNICIPAL ORDER AMENDING THE FY2019-2020 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY (MO#2318; BK 11) I(G)A MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF THE KYTC TRANSPORTATION ALTERNATIVE PROGRAM GRANT IN THE AMOUNT OF $432,500 FOR THE GREENWAY TRAILS PHASE V PROJECT (MO#2319; BK 11) I(H)A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR A 2020 COPS HIRING PROGRAM (CHP) GRANT THROUGH THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) IN THE AMOUNT OF $375,000 FOR THE HIRING OF THREE POLICE OFFICERS WHO WILL ALSO SERVE AS SCHOOL RESOURCE OFFICERS (SRO) (MO#2320; BK 11) I(I)A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A FY2019 ASSISTANCE TO FIREFIGHTERS MATCHING GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, IN THE AMOUNT OF $34,200, TO BE USED FOR THE PADUCAH FIRE DEPARTMENT (MO#2321; BK 11) I(J)A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 831 CAMPBELL STREET TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF MICHAEL PETTER IN THE AMOUNT OF ONE THOUSAND ($1,000) DOLLARS FOR PURCHASE OF SAID REAL PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME (MO#2322; BK 11) I(K)A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 2706 OHIO STREET TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF DR. VELMA J. DENNIS IN THE AMOUNT OF ONE THOUSAND TWO HUNDRED ($1,200) DOLLARS FOR PURCHASE OF SAID REAL PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME (MO#2323; BK 11) I(L)A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, APPROVING AND ADOPTING THE 2019 PADUCAH PARKS AND RECREATION MASTER PLAN (MO#2324; BK 11) Mayor Harless offered motion, seconded by Commissioner McElroy, that the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, McElroy, Watkins, and Wilson (5) February 25, 2020 MUNICIPAL ORDERS BID OF REMOTEC, INC., FOR PURCHASE OF AN EXPLOSIVE ORDNANCE DISPOSAL ROBOT Commissioner McElroy offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER ACCEPTING THE BID OF REMOTEC, INC., FOR THE PURCHASE OF AN EXPLOSIVE ORDINANCE DISPOSAL ROBOT IN AN AMOUNT OF $442,064, FOR USE BY THE PADUCAH POLICE DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME.” Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, McElroy, Watkins, and Wilson (5) (MO#2325, BK 11) MEMORANDUM OF UNDERSTANDING BETWEEN SPROCKET, INC. AND THE CITY OF PADUCAH Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN SPROCKET, INC. AND THE CITY OF PADUCAH FOR THE CONSTRUCTION OF A CO-WORKING AND BUSINESS START-UP INCUBATOR.” Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, McElroy, Watkins, and Wilson (5) (MO #2326, BK 11) SUSPEND ORDER Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the rules for conducting City Commission meetings be suspended insofar as they are in conflict with the printed agenda for this meeting, in order to allow for public comments related to Item III(A) before said item is voted upon. Adopted on call of the roll, yeas, Mayor Harless, Commissioners Abraham, McElroy, Watkins, and Wilson (5) PUBLIC COMMENTS The following persons signed up for and offered comments on postponing the Request for Bids for the construction of a municipal sports and recreational facility: Steven Lowe Preston Ursini Buzz Vontesmar Randall Knight Grant Gagnon Ryan Hagan Regina Varvel James Bobik Yvonne Gray Wes Hagan Rita Otey Victoria Terra Michael Smith Blair Tolar Shae Faulkner Tom Dorrah Samuel Davis David Frantz Ron Ward Tina Cavitt Marc Bridges Stephanie Varvel Iftakhar Chondhury Kendall Cappalletti Melynda Burnett Ron Golden Nick Warren Matt Baker Dale Yancy Pam Matlock February 25, 2020 Mayor Harless made a presentation regarding the Aquatics and Recreation Facility. A copy of the presentation can be found in the Minutes File. Public Information Officer, Pam Spencer, offered the following summary: Mayor Brandi Harless also made a presentation to provide information about the development of the facility and addressed some of the concerns that she has heard in the community. Community Concern: This project has been rushed. One of the slides in the presentation listed a timeline of more than two dozen meetings, engagement opportunities, and plans related to the facility. Community Concern: This project is only for a certain group of people. Mayor Harless stressed that the goal is to create a center for all citizens that breaks even financially. One of the slides listed the various amenities that are in the facility’s design. Community Concern: Location. The Noble Park location is beneficial to numerous neighborhoods and a diverse population of Paducah. Community Concern: Financial Feasibility. Mayor Harless explained that the City is working to hire a professional management company that will work to meet revenue goals. Plus, the Friends of the Park organization is dedicated to raising funds to assist with the facility’s future. The City also is seeking a medical partner tenant to provide an additional revenue stream. Regarding the bond payments, the paying off of other debt issues within the next few years will release funds to pay for the facility. Community Concern: Affordability for Community Members. Charitable donations and partners will work to provide scholarships for the various sports programs and equipment. Community Concern: Other sports. Mayor Harless reminded everyone that the City/County/CVB/CCC and McCracken County Sports Commission have a five-way interlocal agreement with each entity working on various sports, wellness, and recreation aspects. Mayor Harless wrapped up the presentation by outlining the progress to date and the next steps. The request for proposals for a management firm are due this Friday. RESOLUTION Commissioner Abraham offered motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt a resolution entitled a “RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY, IN SUPPORT OF POSTPONING THE REQUEST FOR BIDS FOR THE CONSTRUCTION OF A MUNICIPAL SPORTS AND RECREATIONAL FACILITY TO MARCH OF 2020.” Failed on a call of the roll, yeas Commissioner Abraham, (1), Nays - Commissioners McElroy, Watkins, Wilson and Mayor Harless (4). ORDINANCE(S) – ADOPTIONS February 25, 2020 APPROVE FRANCHISE AGREEMENT BETWEEN CITY OF PADUCAH AND COMCAST OF THE SOUTH Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO COMCAST OF THE SOUTH TO OPERATE AND MAINTAIN A CABLE SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF PADUCAH, KENTUCKY, PURSUANT TO THE TERMS AND PROVISIONS OF THE PADUCAH ORDINANCE FOR REGULATION OF CABLE COMMUNICATIONS, AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND COMCAST OF THE SOUTH.” This Ordinance is summarized as follows: This ordinance authorizes the Mayor to execute a Franchise Agreement with Comcast of the South. This agreement shall have a ten-year term with an effective date of March 1, 2020. This agreement grants a non-exclusive franchise to Comcast of the South to continue to operate and maintain a cable television system within the City of Paducah. Adopted on call of the roll, yeas, Commissioner Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). (ORD #2020-02-8618, BK 36) ORDINANCE(S) – INTRODUCTION ACCEPT BID OF ADAMS CONTRACTING LLC, PERKINS CREEK “BOB LEEPER” PEDESTRIAN BRIDGE PROJECT Commissioner McElroy offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE ACCEPTING THE BID OF ADAMS CONTRACTING, LLC, IN THE AMOUNT OF $274,121 FOR THE PERKINS CREEK “BOB LEEPER” PEDESTRIAN BRIDGE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME.” This Ordinance accepts the bid of Adams Contracting, LLC, in the amount of $274,121, for the Perkins Creek “Bob Leeper” Pedestrian Bridge Project and authorizes the Mayor to execute a contract with Adams Contracting. Further, this ordinance authorizes the Finance Director to transfer $80,000 from the Boyles Estate Trust into the Bob Leeper Bridge project account for expenditures related to the project. APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH BFW ENGINEERING & TESTING, INC., FOR THE FLOODWEALL SEAL CLOSURE PROJECT Commissioner Abraham offered motion, seconded by Commissioner McElroy, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BFW ENGINEERING & TESTING, INC. IN AN AMOUNT NOT TO EXCEED $52,204 FOR THE FLOODWALL SEAL CLOSURE PROJECT.” This Ordinance authorizes the Mayor to execute a professional services agreement in an amount not to exceed $52,204 with BFW Engineering & Testing, Inc. for professional services related to the Floodwall Seal Closure Project. AMEND CODE OF ORDINANCES SECTION 78-32 RELATED TO VACATION LEAVE Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 78 OF February 25, 2020 THE CODE OF ORDINANCES OF THE CITY OF PADUCAH.” This Ordinance is summarized as follows: This ordinance amends Section 78-32 of the Code of Ordinances of the City of Paducah to increase the rate at which vacation time accrues for employees of the City of Paducah based on the number of years of employment. During the first nine (9) years of employment, vacation time shall accrue per pay period for a total of 120 hours per year. At the beginning of the tenth year, vacation time shall accrue per pay period for a total of 160 hours per year. At the beginning of the fifteenth year, vacation time shall accrue per pay period for a total of 200 hours per year. At the beginning of the twentieth year, vacation time shall accrue per pay period for a total of 240 hours per year. Each member may accrue up to a maximum of 400 hours of vacation at any one time. These rates do not apply to employees whose vacation accruals are governed by the rates set forth in the current applicable collective bargaining agreements, or otherwise specified in the ordinance. APPROVE A BUDGET AMENDMENT FOR BUILD GRANT MATCH AND PROJECT RELATED EXPENSES Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 2019-6-8578, ENTITLED, ‘AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2019, THROUGH JUNE 30, 2020, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT’.” This Ordinance is summarized as follows: That the annual budget for the fiscal year beginning July 1, 2019, and ending June 30, 2020, Ordinance No. 2019-6-8578, be amended by the following re-appropriation: Transfer $1,500,000 from the FY2020 General Fund Unreserved Fund Balance to the BUILD Grant Project (DT0050) Project Account ADJOURN Mayor Harless offered motion, seconded by Commissioner McElroy, to adjourn the meeting. All in favor. Meeting ended at approximately 8:01 p.m. ADOPTED: March 10, 2020 ______________________________ Brandi Harless, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk March 10, 2020 Deed File: 1.Quitclaim Deed – City of Paducah to 1469 Properties, LLC – Alley Closure West Side of 6th Street between 600 and 606 Broadway, 105 and 111 South 6th Street and 603 Kentucky Avenue (ORD 2019-12-8601) 2.Quitclaim Deed – City of Paducah to Irvin Cobb Limited Partnership - Alley Closure West Side of 6th Street between 600 and 606 Broadway, 105 and 111 South 6th Street and 603 Kentucky Avenue (ORD 2019-12-8601) Contract File: 1. Cable Television Franchise Agreement between City of Paducah and Comcast of the South – ORD 2020-02-8618 2. Agreement to Purchase an Explosive Ordinance Disposal (EOD) Robot between City of Paducah and Remotec, Inc. – MO #2325 3. Fuel Supply Agreement between JSC Terminal, LLC d/b/a Midwest Terminal and City of Paducah – ORD 2020-02-8615 Financials File: 1. Paducah Water Works – Period ending January 31, 2020 2. City of Paducah – Comprehensive Annual Financial Report – Year Ended June 30, 2019 Bids File: 1. Surplus Property – Bid of Michael Petter 831 Campbell Street – MO #2322 2. Surplus Property – Bid of Dr. Velma J. Dennis – 2706 Ohio Street – MO #2323 3.Paducah Police Department – Bomb Squad – Explosive Ordinance Disposal (EOD) Robot – MO #2325 MUNICIPAL ORDER NO. __________ A MUNICIPAL ORDER APPOINTING SIDONIE HANCOCK TO FILL THE VACANCY OF THE LATE DR. WALLY MONTGOMERY AS A MEMBER OF THE BOARD OF TRUSTEES FOR THE OPERATION OF A MUNICIPAL COLLEGE IN THE CITY OF PADUCAH, KENTUCKY, FOR A PERIOD OF SIX YEARS: BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Pursuant to KRS 165.160 and KRS 165.200, it is hereby ordered that Sidonie Hancock be appointed as a member of the Board of Trustees of Paducah Junior College, to fill the vacancy created by the death of Dr. Wally Montgomery, that said Board of Trustees shall be composed of the following members: Chris Black Bruce Brockenborough Teresa Spann Lorraine Schramke M. Ann Denton Dr. William Wheeler John D. Williams Anne F. Gwinn Ken A. Wheeler Mike Sims Joseph H. Frampton Guthrie Allen R. Jeffrey Hines Sidonie Hancock Dr. Anton Reece – Ex Officio SECTION 2. In accordance with the By-Laws of the Paducah Junior College, Section 4, this term shall be for a period of six years, and shall expire March 20, 2026. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ Mayor ATTEST: ______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, March 10, 2020 Recorded by Lindsay Parish, City Clerk, March 10, 2020 \mo\appointment - paducah junior college 2020 Agenda Action Form Paducah City Commission Meeting Date: March 10, 2020 Short Title: Acceptance of the KOHS 2019 Grant Award in the amount of $97,000 for an airport terminal access control system for Barkley Regional Airport - T WILSON Category: Municipal Order Staff Work By: Ty Wilson Presentation By: Ty Wilson Background Information: The Kentucky Office of Homeland Security (KOHS) grant program, funded by the U.S. Department of Homeland Security, can be used by city and county governments, area development districts and public universities to address high-priority preparedness gaps in order to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. For the 2019 KOHS funding cycle, the Barkley Regional Airport was authorized by Municipal Order 2239 to apply for funds for an airport terminal access control system that includes cameras, servers, door access control devices. The award is in the amount of $97,000. There is not a match requirement for this project. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct the Mayor to execute all required grant award documents including the Kentucky Procurement Policy Attachments: 1.Municipal Order 2.Notice of Grant Award_Airport 3.Grant Contract_Barkley MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY (KOHS) FOR A 2019 GRANT AWARD IN THE AMOUNT OF $97,000 FOR AN AIRPORT TERMINAL ACCESS CONTROL SYSTEM FOR BARKLEY REGIONAL AIRPORT AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT, KENTUCKY PROCUREMENT POLICY AND ALL DOCUMENTS RELATED TO SAME WHEREAS, the City of Paducah applied for a 2019 State Homeland Security Grant through the Kentucky Office of Homeland Security, in the amount of $97,000, adopted by Municipal Order No. 2239 on May 28, 2019, to be used for an Airport Terminal Access Control System for the Barkley Regional Airport; and WHEREAS, the Kentucky Office of Homeland Security has approved the application and is now ready to award this grant in the amount of $97,000. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts grant funds in the amount $97,000 through the Kentucky Office of Homeland Security for an Airport Terminal Access Control System for the Barkley Regional Airport, and authorizes the Mayor to execute the Grant Agreement, the Kentucky Procurement Policy and all related documents. No local or in-kind match is required. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. __________________________________ Brandi Harless, Mayor ATTEST: ____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners March 10, 2020 Recorded by Lindsay Parish, City Clerk, March 10, 2020 MO\grants\award – KOHS Barkley Airport Terminal Control System CCOLE@PADUCAHKY.GOV FFY 2019 HOMELAND SECURITY GRANT PROGRAM GRANT INFORMATION AND IDENTIFICATION CFDA Number: 97.067 CFDA Title: Homeland Security Grant Program Award Year: FFY 2019 Federal Agency: Department of Homeland Security/FEMA Pass-Through Agency: Kentucky Office of Homeland Security Kentucky Office of Homeland Security (KOHS) Terms and Conditions KOHS Specific Acknowledgements and Assurances All recipients, sub-recipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing KOHS access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipients must cooperate with any request by KOHS staff to inspect any resource acquired through the program. 2. Sub-recipients notify KOHS immediately of any degradation of capabilities or critical resources. 3. Sub-recipients must establish and maintain an intelligence liaison officer (ILO) to the Kentucky Intelligence Fusion Center as established by the guidelines of the KIFC ILO program and the recipient’s ILO must liaison with the KIFC at least quarterly. 4. Sub-recipients must respond to all informational requests by KOHS staff in a timely manner. 5. Sub-recipients that submitted applications that included the sharing of resources must adhere to that agreement. Change of Circumstances Each party shall promptly notify the other party of any 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. Confidentiality The Second Party agrees that any employee or agent acting in its behalf will abide by the state and federal 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. Data Collection/Analysis Limitations No data collected and provided by the First Party shall be used for any other purpose other than those expressly authorized in this agreement. Extensions and Amendments to this Agreement The terms and conditions of this agreement may be extended or amended according to the provisions of KRS Chapter 45A, and are subject to the approval of the Director of KOHS, the Secretary of the Finance and Administration Cabinet and/or the Legislative Research Commission’s Government Contracts Review Committee. The agency reserves the right to modify this agreement for the addition or deletion of requirements deemed necessary by the agency with the mutual agreement of both parties in accordance with KRS 45A.030 (2); KRS 45A.210 (1); (200 KAR 5:311) Any mutually agreed upon changes to the agreement must be approved, in writing, by KOHS 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 of substance in project activities and changes in the project director or key professional personnel identified in the approved application. Liability and Indemnity Nothing in this agreement shall be construed as an indemnification by one party of the other for liabilities of a party or third persons for property loss or damage or death or personal injury arising out of and during the Document Description Page 2 2000001262 City of Paducah 19-135 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, arising 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, email, or by mail to the other party. Severability If any provision of this agreement is held judicially invalid, the remainder of the agreement shall continue in full force 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, and is not intended to create any other beneficiaries. Subcontractor Requirement The Second Party agrees that all requirements of this agreement shall also be applicable and binding on any subcontractor the Second Party may contract with to meet the statement of work, method of payment, and deliverables of this agreement. All Second Party subcontractors are 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 any successors and assigns of the parties whether or not expressly assumed or acknowledged by such successors or assigns. Waiver of Breach If a party waives enforcement of any provision of this agreement upon any event of breach by the other party, the waiver 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 considered to constitute ground breaking, attachment of equipment to the interior or exterior of a building or structure, construction or renovation must receive prior approval from FEMA before any work or financial expenditures can be made. 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 on Floodplains (11988), Wetlands (11990), and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. 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 any potential 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 review 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. Intellectual Properties The contractor agrees that any formulae, methodology, other reports and compilations of data provided by the First Party to the contractor for the purposes of meeting the terms and conditions 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 Document Description Page 3 2000001262 City of Paducah 19-135 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 Wireless 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 commencement 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 Memorandum of Understanding The Second Party and any other local entities receiving benefit from these grant funds must have a Mutual Aid Memorandum of Understanding with the Kentucky State Police. NIMS Requirements In accordance with HSPD-5, Management of Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance through grants, contracts, and other activities. Project Implementation The subrecpient agrees to implement this project within 60 days following the grant award effective date or be subject to automatic cancellation of the grant. Property Control Effective control and accountability must be maintained for all personal property. Sub-recipients must adequately safeguard all such property and must assure that it is issued solely for authorized purposes. Subrecipents 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 Part 66, title to non-expendable property acquired in whole or in part with grant funds shall be vested in the sub grantee. Non-expendable property is defined as any item having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Use and disposition: Equipment shall be used by the subrecipeint in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal funds. When use of the property for project activities is discontinued, the subrecipent shall request, in writing, disposition instructions from KOHS prior to actual disposition of the property. Theft, destruction, or loss of property shall be reported to KOHS immediately. Inventory: The Second Party must submit to the First Party an inventory of all equipment purchased with these federal funds. This inventory must include a description of the property, a serial number or other identification number, the source of the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. Annually, second party will submit all inventories to the KOHS via an online database or any other form or process deemed by the first party. Equipment Marking The Second Party agrees that, when practicable, equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds 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 from 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. Property Purchased by the First Party (KOHS) Property purchased by the First Party for the purposes of fulfilling the requirements of the scope of services for this agreement, and which may include, but not be limited to, furniture, computer software, computer hardware, office equipment, and supplies are considered the property of the First Party and shall remain the property of the First Party. Scope of Work Document Description Page 4 2000001262 City of Paducah 19-135 This grant will provide reimbursement funding to the Second party for the specific scope of work described in the Extended Description. Successful completion by the Second party shall include the deliverables as listed in the Extended Description. Entire Agreement This agreement forms the entire agreement 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. CONSIDERATION AND CONDITIONS FOR PAYMENT Availability of Federal Funds This grant award is contingent upon availability of federal funds approved by Congress. Consultant Rate Approval of this agreement does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted and approved by the First Party and FEMA’s National Preparedness Directorate prior to obligation or expenditure of such funds. 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 in KRS 45A.695 (7). Payments on personal service contracts and memoranda of agreements shall not be authorized for services 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 functions/services 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/functions/ services performed pursuant to this contract agreement. These records shall 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 with the terms and conditions of this agreement and any attachment(s) thereto; and Accounting records that are supported by source documentation. Interest Income Grant funds not reimbursed immediately to a vendor, subcontractor, etc. must be placed in an interest bearing account. The applicant agrees to be accountable for all interest earned with respect to these grant funds. Interest earned by this grant during the project must be reported and returned to KOHS quarterly. 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, the standards and procedures contained in applicable federal regulations (2 CFR). For the purpose of any Kentucky Office of Homeland Security (KOHS)-funded projects using FY-2019 funds the sub-recipient will use the provisions of KRS 45A for the purchase of equipment and/or services. For any equipment and/or services under $20,000 three (3) quotes will be obtained. For any equipment and/or services that exceeds $20,000 the provisions of KRS 45A will apply. Disadvantaged Business Requirement 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. The Kentucky Procurement Technical Assistance (PTAC) may be available to post bid notifications or provide bid matching services with MBE/WBE businesses for Homeland Security Grant sub- recipients. Refer to www.kyptac.com or contact their office at (859)251-6019. Program Income Document Description Page 5 2000001262 City of Paducah 19-135 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 of publications, 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 or 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 Homeland Security to gain access to its allocated funds. No funds 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. Reimbursement by the First Party to the Second Party shall not exceed the Total Amount as stated in the contractual agreement. Contract Period The subject services and functions are to be performed during the term 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 Government Contract Review Committee per KRS 45A.705. Payments Payments to Second Party: Payment by the First Party to the Second Party shall be made only after receipt of appropriate, acceptable and timely request for reimbursements. All invoices must be dated between the effective date and expiration date of this agreement. All reimbursement requests will be submitted on approved Kentucky Office of Homeland Security forms as provided by the First Party and submitted in 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. Transfer of Funds The Second Party is prohibited from transferring funds between programs (State Homeland Security Grant Program, Law Enforcement Terrorism Prevention Program, Emergency Management Performance Grant, Interoperable Emergency Communications Grant Program, Emergency Operations Center Grant Program, or any other Federal Grant Program). Vendor Verification The Second Party must verify that the grant lead applicant/sub-recipient and 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 https://sam.gov/ portal/SAM/##11. Reimbursement will not be made without this verification. 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. Within 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 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. Fusion Center Document Description Page 6 2000001262 City of Paducah 19-135 The Second Party agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. Required submissions: AARs and IPs (as applicable) Exercise Evaluation and Improvement Reports Any Second Party funded 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 FEMA support (grant funds or direct support) and submitted to the FEMA Grants and Preparedness Community of Interest (COI) on the Homeland Security Information Network (HSIN) within 90 days following completion of the exercise. 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 $750,000 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. 2 CFR part 200, subpart F Audit of the States, Local Governments, and Non-Profit Organizations. The Second Party is required to submit the Single Audit Report to the Federal Audit Clearinghouse (FAC) https://harvester.census.gov/facweb/. The FAC operates on behalf of the Office of Management and Budget (OMB). Its primary purposes are to: #Distribute single audit reporting packages to federal agencies. #Support OMB oversight and assessment of federal award audit requirement. #Maintain a public database of completed audits #Help auditors and auditees minimize the reporting burden of complying with Single Audit requirements. Monitoring The Second Party shall submit, at such times and in such form as may 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 shall 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. Quarterly Reports The Second Party agrees to submit within 30 days after the end of each calendar quarter a written 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. 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 KOHS Executive Director. Performance Timeline Upon request by the First Party, the Second Party will provide summaries of progress made to date on this agreement. Should the First Party find the performance unacceptable, the First Party shall provide written notification and may cancel the agreement immediately. Retention of Records Records must be retained for three years from the day that the Kentucky Office of Homeland Security submits its final expenditure report for the federal grant funding this project. Approvals Document Description Page 7 2000001262 City of Paducah 19-135 This agreement is subject to the terms and conditions stated herein. By affixing signatures below, the parties verify that they are authorized to enter into this agreement and that they accept and consent to be bound by the terms and conditions stated herein. In addition, the parties agree that (i) electronic approvals may serve as electronic signatures, and (ii) this agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement. 2019 The Department of Homeland Security Standard Terms and Conditions The 2019 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2019. These terms and conditions flow down to subrecipients, unless a particular award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. Assurances, Administrative Requirements, Cost Principles, Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non-Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1.Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2.Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award 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 other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5.Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. Recipients are required to provide this information once every two (2) years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are only required to submit updates every two years, not every time a grant is awarded. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil- rights- evaluation-tool. Standard Terms & Conditions Document Description Page 8 2000001262 City of Paducah 19-135 l. Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. II. Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained III. Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. IV. Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101–12213), which 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. V. Best Practices for Collection and Use of Personally Identifiable Information (PII) Recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. VI. Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. VII. Civil Rights Act of 1968 Recipients must comply with Title VII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which 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 (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. 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 constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) VIII. Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. IX. Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Document Description Page 9 2000001262 City of Paducah 19-135 X. Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). XI. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide 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 subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 XIII. Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. XIV. False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 37293733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) XV. Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) XVI. Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. XVII. Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the 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, 1981, amendment to Comptroller General Decision B-138942. XVIII. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. § 2225.) XIX. Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- Document Description Page 10 2000001262 City of Paducah 19-135 department-supportedorganizations-provide-meaningful- access-people-limited and additional resources on http://www.lep.gov. XX. Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance 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, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. XXI. National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.(NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. XXII. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faithbased organizations in individual DHS programs. XXIII. Non-Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. XXIV. Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. XXV. Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. XXVI. Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. XXVII. Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. XXVIII. Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirements If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and Document Description Page 11 2000001262 City of Paducah 19-135 performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under Pub. L. No. 110-417, § 872, as amended 41 U.S.C. § 2313. As required by Pub. L. No. 111-212, § 3010, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts, will be publicly available. 2. Proceedings about Which Recipients Must Report Recipients must submit the required information about each proceeding that: a.Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the federal government; b.Reached its final disposition during the most recent five year period; and c.One or more of the following: 1)A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; 2)A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; 3)An administrative proceeding, as defined in paragraph 5, that resulted in a finding of fault and liability and the recipient’s payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or 4)Any other criminal, civil, or administrative proceeding if: a)It could have led to an outcome described in this award term and condition; b)It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the recipient’s part; and c)The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Recipients must enter the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. Recipients do not need to submit the information a second time under financial assistance awards that the recipient received if the recipient already provided the information through SAM because it was required to do so under federal procurement contracts that the recipient was awarded. 4. Reporting Frequency During any period of time when recipients are subject to the main requirement in paragraph 1 of this award term and condition, recipients must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that recipients have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For the purpose of this award term and condition: a.Administrative proceeding: means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities Document Description Page 12 2000001262 City of Paducah 19-135 and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the federal and state level but only in connection with performance of a federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b.Conviction: means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c.Total value of currently active grants, cooperative agreements, and procurement contracts includes— 1)Only the federal share of the funding under any federal award with a recipient cost share or match; and 2)The value of all expected funding increments under a federal award and options, even if not yet exercised. XXIX. Reporting Subawards and Executive Compensation 1.Reporting of first-tier subawards. a.Applicability. Unless the recipient is exempt as provided in paragraph 4 of this award term, the recipient must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds (as defined in Section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (See definitions in paragraph 5 of this award term). b.Where and when to report. 1)Recipients must report each obligating action described in paragraph 1 of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS.) 2)For subaward information, recipients report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2016, the obligation must be reported by no later than December 31, 2016.) c.What to report. The recipient must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov. 2.Reporting Total Compensation of Recipient Executives. a.Applicability and what to report. Recipients must report total compensation for each of the five most highly compensated executives for the preceding completed fiscal year, if— 1)The total federal funding authorized to date under this award is $25,000 or more; 2)In the preceding fiscal year, recipient’s received— a)80 percent or more of recipients annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and b)$25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and 3) The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) b. Where and when to report. Recipients must report executive total compensation described in paragraph 2.a. of this award term: 1)As part of the recipient’s registration profile at https://www.sam.gov. Document Description Page 13 2000001262 City of Paducah 19-135 2)By the end of the month following the month in which this award is made, and annually thereafter. 3. Reporting of Total Compensation of Subrecipient Executives. a.Applicability and what to report. Unless recipients are exempt as provided in paragraph 4. of this award term, for each first-tier subrecipient under this award, recipients shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— 1)In the subrecipient's preceding fiscal year, the subrecipient received— a)80 percent or more of its annual gross revenues from Federal procurement contracts(and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and b)$25,000,000 or more in annual gross revenues from Federal procurement contracts(and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and 2)The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/ execomp.htm.) b.Where and when to report. Subrecipients must report subrecipient executive total compensation described in paragraph 3.a. of this award term: 1)To the recipient. 2)By the end of the month following the month during which recipients make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), subrecipients must report any required compensation information of the subrecipient by November 30 of that year. 4. Exemptions If, in the previous tax year, recipients had gross income, from all sources, under $300,000, then recipients are exempt from the requirements to report: a.Subawards, and b.The total compensation of the five most highly compensated executives of any subrecipient. 5. Definitions For purposes of this award term: a.Entity: means all of the following, as defined in 2 C.F.R. Part 25: 1)A Governmental organization, which is a State, local government, or Indian tribe; 2)A foreign public entity; 3)A domestic or foreign nonprofit organization; 4)A domestic or foreign for-profit organization; 5)A federal agency, but only as a subrecipient under an award or subaward to a nonfederal entity. b.Executive: means officers, managing partners, or any other employees in management positions. c.Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which the recipient received this award and that the recipient awards to an eligible subrecipient. 1)The term does not include recipients procurement of property and services needed to carry out the project or program. 2)A subaward may be provided through any legal agreement, including an agreement that a recipient or a subrecipient considers a contract. d.Subrecipient: means an entity that: Document Description Page 14 2000001262 City of Paducah 19-135 1)Receives a subaward from the recipient under this award; and 2)Is accountable to the recipient for the use of the federal funds provided by the subaward. e.Total compensation: means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (See 17 C.F.R. § 229.402(c)(2)): 1)Salary and bonus. 2)Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. 3)Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. 4)Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. 5)Above-market earnings on deferred compensation which is not tax-qualified. 6)Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. XXX. SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. XXXI. Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. XXXII. Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. 1.Provisions applicable to a recipient that is a private entity. a.Recipients, the employees, subrecipients under this award, and subrecipients' employees may not— 1)Engage in severe forms of trafficking in persons during the period of time the award is in effect; 2)Procure a commercial sex act during the period of time that the award is in effect; or 3)Use forced labor in the performance of the award or subawards under the award. b.DHS may unilaterally terminate this award, without penalty, if a recipient or a subrecipient that is a private entity — 1)Is determined to have violated a prohibition in paragraph 1.a of this award term; or 2)Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 1.a of this award term through conduct that is either— a)Associated with performance under this award; or Document Description Page 15 2000001262 City of Paducah 19-135 b)Imputed to recipients or subrecipients using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R. Part 3000. 2.Provision applicable to recipients other than a private entity. DHS may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity— a.Is determined to have violated an applicable prohibition in paragraph 1.a of this award term; or b.Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph 1.a of this award term through conduct that is either— 1)Associated with performance under this award; or 2)Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R. Part 3000. 3.Provisions applicable to any recipient. a.Recipients must inform DHS immediately of any information received from any source alleging a violation of a prohibition in paragraph 1.a of this award term. b.It is DHS’s right to terminate unilaterally that is described in paragraph 1.b or 2 of this section: 1)Implements TVPA, Section 106(g) as amended by 22 U.S.C. 7104(g)), and 2)Is in addition to all other remedies for noncompliance that are available to us under this award. c.Recipients must include the requirements of paragraph 1.a of this award term in any subaward made to a private entity. 4.Definitions. For the purposes of this award term: a.Employee: means either: 1)An individual employed by a recipient or a subrecipient who is engaged in the performance of the project or program under this award; or 2)Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in- kind contribution toward cost sharing or matching requirements b.Forced labor: means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. c.Private entity: means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25. It includes: 1)A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b). 2)A for-profit organization. d.Severe forms of trafficking in persons, commercial sex act, and coercion are defined in TVPA, Section 103, as amended (22 U.S.C. § 7102) XXXIII. Universal Identifier and System of Award Management 1. Requirement for System for Award Management Unless the recipient is exempted from this requirement under 2 C.F.R. 25.110, the recipient must maintain the currency of their information in the SAM until the recipient submits the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information at least annually after the initial registration, and more frequently if required by changes in the recipient’s information or another award term. Document Description Page 16 2000001262 City of Paducah 19-135 2. Requirement for unique entity identifier If recipients are authorized to make subawards under this award, they: a.Must notify potential subrecipients that no entity (see definition in paragraph 3 of this award term) may receive a subaward from the recipient unless the entity has provided its unique entity identifier to the recipient. b.May not make a subaward to an entity unless the entity has provided its unique entity identifier to the recipient. 3. Definitions For purposes of this award term: a.System for Award Management (SAM): means the federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found on SAM.gov. b.Unique entity identifier: means the identifier required for SAM registration to uniquely identify business entities. c.Entity: means all of the following, as defined at 2 C.F.R. Part 25, Subpart C: 1)A Governmental organization, which is a State, local government, or Indian Tribe; 2)A foreign public entity; 3)A domestic or foreign nonprofit organization; 4)A domestic or foreign for-profit organization; and 5)A Federal agency, but only as a subrecipient under an award or subaward to a nonFederal entity. d.Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which a recipient received this award and that the recipient awards to an eligible subrecipient. 1)The term does not include the recipients procurement of property and services needed to carry out the project or program (for further explanation, see 2 C.F.R. 200.330). 2)A subaward may be provided through any legal agreement, including an agreement that a recipient considers a contract. e.Subrecipient means an entity that: 1)Receives a subaward from the recipient under this award; and 2)Is accountable to the recipient for the use of the Federal funds provided by the subaward. Document Description Page 17 2000001262 City of Paducah 19-135 DHS Standard Terms and Conditions Version 9.3 1 2019 XXXIV. USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. XXXV. Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO 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. XXXVI. Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Document Description Page 18 2000001262 City of Paducah 19-135 MOA/PSC Exception Standard Terms and Conditions Revised December 2019 Whereas, the first party, the state agency, has concluded that either state personnel are not available to perform said function, or it would not be feasible to utilize state personnel to perform said function; and Whereas, the second party, the Contractor, is available and qualified to perform such function; and Whereas, for the abovementioned reasons, the state agency desires to avail itself of the services of the second party; NOW THEREFORE, the following terms and conditions are applicable to this contract: 1.00 Effective Date: This contract is not effective until 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 Legislative Research Commission, Government Contract Review Committee (“LRC”). However, in accordance with KRS 45A.700, contracts in aggregate amounts of $10,000 or less are exempt from review by the committee and need only be filed with the committee within 30 days of their effective date for informational purposes. KRS 45A.695(7) provides that payments on personal service contracts and memoranda of agreement shall not be authorized for services 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. 2.00 LRC Policies: This section does not apply to governmental or quasi-governmental entities. Pursuant to KRS 45A.725, LRC has established policies which govern rates payable for certain professional services. These are located on the LRC webpage (http://www.lrc.ky.gov/Statcomm/Contracts/ homepage.htm) and would impact any contract established under KRS 45A.690 et seq., where applicable. 3.00 Choice of Law and Forum: This section does not apply to governmental or quasi-governmental entities. This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245. 4.00 EEO Requirements The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act. 5.00 Cancellation: Both parties shall have the right to terminate and cancel this contract at any time not to exceed thirty (30) days' written notice served on the Contractor by registered or certified mail. 6.00 Funding Out Provision: The state agency may terminate this contract if funds 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 due to lack of available funding. 7.00 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 Document Description Page 19 2000001262 City of Paducah 19-135 authority the agency is required by Executive Order or otherwise to reduce contract hours, the agreement will be reduced by the amount specified in that document. If the contract funding is reduced, then the scope of work related to the contract may also be reduced commensurate with the reduction in funding. This reduction of the scope shall be agreeable to both parties and shall not be considered a breach of contract. 8.00 Authorized to do Business in Kentucky: This section does not apply to governmental or quasi-governmental entities. The Contractor affirms that it is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing to do business in the Commonwealth of Kentucky for the duration of any contract awarded. The Contractor shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof. Registration with the Secretary of State by a Foreign Entity: Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030 unless the person produces the certificate within fourteen (14) days of the bid or proposal opening. Therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070. For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received by the contracting agency within the time frame identified above, the foreign entity’s solicitation response shall be deemed non-responsive or the awarded contract shall be cancelled. Businesses can register with the Secretary of State at https://onestop.ky.gov/Pages/default.aspx 9.00 Invoices for fees: This section does not apply to governmental or quasi-governmental entities. The Contractor shall maintain supporting documents to substantiate invoices and shall furnish same if required by state government. 10.00 Travel expenses, if authorized: This section does not apply to governmental or quasi-governmental entities. The Contractor shall be paid for no travel expenses unless and except as specifically authorized by the specifications of this contract or authorized in advance and in writing by the Commonwealth. The Contractor shall maintain supporting documents that substantiate every claim for expenses and shall furnish same if requested by the Commonwealth. 11.00 Other expenses, if authorized herein: This section does not apply to governmental or quasi-governmental entities. The Contractor shall be reimbursed for no other expenses of any kind, unless and except as specifically authorized within the specifications of this contract or authorized in advance and in writing by the Commonwealth. If the reimbursement of such expenses is authorized, the reimbursement shall be only on an out-of-pocket basis. Request for payment of same shall be processed upon receipt from the Contractor of valid, itemized statements submitted periodically for payment at the time any fees are due. The Contractor shall maintain supporting documents that substantiate every claim for expenses and shall furnish same if requested by the Commonwealth. 12.00 Purchasing and specifications: This section does not apply to governmental or quasi-governmental entities. Document Description Page 20 2000001262 City of Paducah 19-135 The Contractor certifies that he/she will 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 influence any purchasing of services, commodities or equipment by the Commonwealth of Kentucky. For the purpose of this paragraph and the following paragraph that pertains to conflict-of interest laws and principles, "he/she" 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/she" is construed to mean any person with an interest therein. 13.00 Conflict-of-interest laws and principles: This section does not apply to governmental or quasi-governmental entities. The Contractor certifies that he/she is legally entitled to enter into this contract with the Commonwealth of Kentucky, and by holding and performing this contract, he/she will not be violating either any conflict of interest statute (KRS 45A.330-45A.340, 45A.990, 164.390), or KRS 11A.040 of the executive branch code of ethics, relating to the employment of former public servants. 14.00 Campaign finance: This section does not apply to governmental or quasi-governmental entities. The Contractor certifies that neither he/she nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of this contract, has contributed more than the amount specified in KRS 121.056(2), 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 provided by KRS 523.020, that neither he/she nor the company which he/she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth, and that the award of a contract to him/her or the company which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth. 15.00 Access to Records: The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c). 16.00 Social security: (check one) This section does not apply to governmental or quasi-governmental entities. _____ The parties are cognizant that the state is not liable for social security contributions, pursuant to 42 U.S. Code, section 418, relative to the compensation of the second party for this contract. _____ The parties are cognizant that the state is liable for social security contributions, pursuant to 42 U.S. Code, section 418, relative to the compensation of the second party for this contract. 17.00 Violation of tax and employment laws: KRS 45A.485 requires the Contractor and all subcontractors performing work under the contract to reveal to the Commonwealth, prior to the award of a contract, any final determination of a violation by the Contractor within the previous five (5) year period of the provisions of KRS chapters 136, 139, 141, 337, 338, 341, and 342. These statutes relate to corporate and utility tax, sales and use tax, income tax, wages and hours laws, occupational safety and health laws, unemployment insurance laws, and workers compensation insurance laws, respectively Document Description Page 21 2000001262 City of Paducah 19-135 To comply with the provisions of KRS 45A.485, the Contractor and all subcontractors performing work under the contract shall report any such final determination(s) of violation(s) to the Commonwealth by providing the following information regarding the final determination(s): the KRS violated, the date of the final determination, and the state agency which issued the final determination. KRS 45A.485 also provides that, for the duration of any contract, the Contractor and all subcontractors performing work under the contract shall be in continuous compliance with the provisions of those statutes, which apply to their operations, and that their failure to reveal a final determination, as described above, or failure to comply with the above statutes for the duration of the contract, shall be grounds for the Commonwealth's cancellation of the contract and their disqualification from eligibility for future state contracts for a period of two (2) years. Contractor must check one: _____ The Contractor has not violated any of the provisions of the above statutes within the previous five (5) year period. ______ The Contractor has violated the provisions of one or more of the above statutes within the previous five (5) year period and has revealed such final determination(s) of violation(s). Attached is a list of such determination(s), which includes the KRS violated, the date of the final determination, and the state agency which issued the final determination. 18.00 Discrimination: This section applies only to contracts disbursing federal funds, in whole or part, when the terms for receiving those funds mandate its inclusion. Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. During the performance of this contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The Contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The Contractor agrees to provide, upon request, needed reasonable accommodations. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. In all solicitations or advertisements for employees placed by or on behalf of the Contractor, the Contractor will state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. The Contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant Document Description Page 22 2000001262 City of Paducah 19-135 thereto, and will permit access to his/her books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further government contracts or federally- assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions that may be imposed and remedies invoked as provided in or as otherwise provided by law. The Contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Document Description Page 23 2000001262 City of Paducah 19-135 Second Party: Signature Title Printed Name Date First Party: Executive Director Signature Title Josiah Keats Printed Name Date Approved as to form and legality. Document Description Page 24 2000001262 City of Paducah 19-135 Agenda Action Form Paducah City Commission Meeting Date: March 10, 2020 Short Title: Approve Tyler Technologies, Inc. Contract Amendment for Removal and Addition of Software - B LAIRD Category: Municipal Order Staff Work By: Justin Crowell Presentation By: Brian Laird Background Information: Under Ordinance No. 2018-4-8524, the City of Paducah previously authorized the expenditure of $916,282.00 to Tyler Technologies, Inc. for the initial cost and fees associated with the establishment of a Computer Aided Dispatch System that is to be utilized in the operation of the City's 911 System. Under Municipal Order 2180, the City of Paducah authorized the Mayor to execute Change Order No 1 and Change Order No. 2 with Tyler Technologies, in the amount of $59,745, which reduced the total agreement amount to $856,537. Under Municipal Order 2294, the City of Paducah authorized the Mayor to execute Change Order No. 3 with Tyler Technologies, which reduced the net contract amount to $856,537 and provided the City with $18,850 in software credit to be used on future purchases. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: The City now desires to amend the contract through a Change Order (Change Order No. 4), in order to remove items from the original contract that have become unnecessary and to purchase additional software and services that will improve the operational efficiency of the Paducah Police and Fire Departments. Change Order No. 4 seeks to remove two Software Modules (Federal UCR/IBR, Narcotics Management) and purchase two Software Modules (Field Investigations, Mobile Eyes) with currently available software credit, resulting in a remaining software credit balance of $14,614. The adoption of Change Order No. 4 does not change the over all net amount of the License and Services Agreement. Attachments: 1.Municipal Order 2.Software Credit 3.Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10) MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER ADOPTING CHANGE ORDER NO. 4 TO THE LICENSE AND SERVICES AGREEMENT WITH TYLER TECHNOLOGIES, INC., FOR THE COMPUTER AIDED DISPATCH SYSTEM FOR THE CITY OF PADUCAH 911 SERVICES DIVISION TO REMOVE TWO SOFTWARE MODULES AND TO PURCHASE TWO SOFTWARE MODULES WITH THE CURRENTLY AVAILABLE SOFTWARE CREDIT, RESULTING IN A REMAINING SOFTWARE CREDIT BALANCE OF $14,614 AND NO CHANGE TO THE TOTAL CONTRACT AMOUNT AND AUTHORIZING THE MAYOR TO EXECUTE THE CHANGE ORDER WHEREAS, by Ordinance No. 2018-4-8524, the City of Paducah authorized a License and Services Agreement with Tyler Technologies, Inc. for the purchase and installation of a computer aided dispatch system for the City’s 911 Communication Services Division; and WHEREAS, by Municipal Order No. 2180, the City of Paducah amended the License and Services Agreement through Change Orders No. 1 & 2 to decrease the total contract amount to $856,537; and WHEREAS, by Municipal Order No. 2294, the City of Paducah amended the License and services Agreement through Change Order No. 3 to decrease the contract amount by $65,560, to add State Photo Download Services to the contract and to remove certain software services resulting in a credit to the City of Paducah in a net amount of $18,850 to be used on future software needs; and WHEREAS, the City of Paducah now desires to enter into Change Order No. 4 to the License and Services Agreement to remove two software modules (Federal UCR/IBR & Narcotics Management) and to add two software modules (Field Investigations & Mobile Eyes) using the currently available software credit balance. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission hereby approves Change Order No. 4 to the License and Services Agreement with Tyler Technologies, Inc. in order to remove two software modules (Federal UCR/IBR & Narcotics Management) and to add two software modules (Field Investigations & Mobile Eyes) using the currently available software credit balance. This Change Order will result in a new software credit balance of $14,614 with no change to the total contract amount. Further, the Mayor is hereby authorized to execute Change Order No. 4 in behalf of the City. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. ____________________________________ Brandi Harless, Mayor ATTEST: __________________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, March 10, 2020 Recorded by Lindsay Parish, City Clerk, March 10, 2020 \mo\change order 4 CAD 911 Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc AMENDMENT This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc., a Delaware corporation with offices at 840 West Long Lake Road, Troy, MI 48098 (“Tyler”) and City of Paducah, KY, with offices at 300 South St., Paducah, KY 42003 (“Client”). WHEREAS, Tyler and the Client are parties to a License Agreement with an effective date of April 10, 2018 (the “Agreement”); WHEREAS, Tyler and Client now desire to amend the Agreement; NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows: 1. The software and services set forth in Exhibit 1 and 2 and associated services as noted in Schedules 1 and 2 to this Amendment are hereby added to the Agreement. 2. The following payment terms, as applicable, shall apply: a. Additional software fees will be invoiced 100% on the Amendment Effective Date. b. Associated maintenance and support fees will be invoiced on a pro rata basis beginning on the first day of the month following the Amendment Effective Date, and thereafter in a lump sum amount together with Client’s then-current maintenance and support fees for previously licensed software. c. Additional Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Amendment Investment Summary. d. Fixed price services are invoiced upon complete delivery of the service. e. Travel expenses shall be invoiced as incurred, as applicable. 3. The terms and conditions contained in Exhibit 2, including the associated schedules thereto, apply to the MobileEyes Subscription Services listed in the Amendment Investment Summary. 4. The following payment terms, as applicable, shall apply to MobileEyes Subscription Services: a. MobileEyes SaaS Fees. MobileEyes SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section C(7) of Exhibit 2. Your annual SaaS Fees for year one are waived. Year two SaaS Fees, as set forth in the Investment Summary, are invoiced on the anniversary date of the Amendment Effective Date. Thereafter, SaaS Fees will be invoiced annually in advance at our then-current rates. b. MobileEyes Implementation fixed price services as set forth in the Investment Summary will be invoiced upon complete delivery of the service. Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc 5. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. 6. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Amendment as of the date of signature of the last party to sign as indicated below. Tyler Technologies, Inc. City of Paducah, KY By: By: Name: Bryan Proctor Name: Title: President, Public Safety Division Title: Date: Date: Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc Exhibit 1 Amendment Investment Summary The following Amendment Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Amendment Investment Summary is effective as of the Amendment Effective Date REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc Exhibit 2 MobileEyes Terms and Conditions SECTION A – DEFINITIONS Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary. • “Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. • “MobileEyes Agreement” means this MobileEyes Software as a Service Terms and Conditions. • “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C. SECTION B – SAAS SERVICES 1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(8). 2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). 3. Ownership. 3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services. 3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc used in connection with the SaaS Services. Upon the termination of this Agreement, and upon written request from the Client, Tyler shall provide a database file including all Client data to Client. Client is responsible for providing the proper contact for receiving this information. If Client requires regular database copies, Client shall maintain the ability at any time using their administrative access credentials to export their data from the application as a .CSV file into Excel or Access. 4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement. 5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(8), below, and our then current SLA. 6. SaaS Services. 6.1 Our SaaS Services are hosted by Secure-24, our MobileEyes data center and hosting provider, and have been audited in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 18. Secure-24 has attained, SOC 1 compliance. 6.2 You will be hosted on shared hardware on a database dedicated to you, which is inaccessible to our other customers. 6.3 Secure-24 has fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event any of your Data has been lost or damaged due to an act or omission of Tyler or its subcontractors or due to a defect in Tyler’s software, we will use best commercial efforts to restore all the Data on servers in accordance with the architectural design’s capabilities and with the goal of minimizing any Data loss as greatly as possible. In no case shall the recovery point objective (“RPO”) exceed a maximum of twenty-four (24) hours from declaration of disaster. For purposes of this subsection, RPO represents the maximum tolerable period during which your Data may be lost, measured in relation to a disaster we declare, said declaration will not be unreasonably withheld. 6.4 In the event we declare a disaster, our Recovery Time Objective (“RTO”) is twenty-four (24) hours. For purposes of this subsection, RTO represents the amount of time, after we declare a disaster, within which your access to the Tyler Software must be restored. 6.5 You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer. 6.6 Secure-24 will periodically test our disaster recovery plan. Our standard test is not client-specific. 6.7 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data. Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc 6.8 We provide secure Data transmission paths between each of your workstations and our servers. 6.9 For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. Secure-24 data centers are accessible only by authorized personnel with a unique key entry. All other visitors must be signed in and accompanied by authorized personnel. Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access. 6.10 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about-us/compliance, and in the event of any change in our status, will comply with applicable notice requirements. SECTION C – TERM AND TERMINATION 7. Term. The initial term of this MobileEyes Agreement begins on the Amendment Effective Date. Upon expiration of the initial term, year two (2) of this Agreement will renew at the rates set forth in the Investment Summary. Thereafter, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement. 8. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2). 8.1. Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate. 8.2. For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in the Agreement. You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in the Agreement. 8.3. Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more. 8.4. Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience. 8.5. Fees for Termination without Cause during Initial Term. If you terminate this Agreement during the initial term for any reason other than cause, Force Majeure, or lack of appropriations, or if we terminate this Agreement Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc during the initial term for your failure to pay SaaS Fees, you shall pay us the following early termination fees: 8.5.1. if you terminate during the first year of the initial term, 100% of the SaaS Fees through the date of termination plus 25% of the SaaS Fees then due for the remainder of the initial term; 8.5.2. if you terminate during the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 15% of the SaaS Fees then due for the remainder of the initial term; and 8.5.3. if you terminate after the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 10% of the SaaS Fees then due for the remainder of the initial term. Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc Exhibit 2 Schedule 1 Service Level Agreement for MobileEyes This Agreement exists for the purpose of creating an understanding between Tyler Technologies, Inc. (hereafter Tyler) and CLIENT regarding the hosting and support of the Tyler Software. The Licensed Tyler Software Service Level Agreement guarantees Client’s web application’s availability, reliability and performance as indicated herein. This Service Level Agreement (SLA) applies to the Tyler Software hosted pursuant to this Agreement. 1. Hosting Services Tyler’s hosting partner is Secure-24. Secure-24 is a provider of managed IT operations, hosting and cloud services, providing highly available environments and expert management and support of critical applications. Information regarding Secure-24 data center is available here: https://www.secure-24.com/company/data-centers/. Tyler’s server hardware is configured to prevent data loss due to hardware failure and utilize the following to ensure a quick recovery from any hardware related problems. • Independent Application and Database Servers • Redundant Power Supplies • Off-Site Backup Servers • Firewall • Redundant Disk configuration • Disk Space allocation and Bandwidth as contracted Data Integrity Tyler’s applications are backed up daily allowing for complete recovery of data to the most recent backup: • Daily scheduled database and application backups. • Offsite data storage ensures physical safety and availability of backup data. 2. Application and Hosting Support Tyler provides ongoing Help Desk support as part of the annual software license for their applications, including infrastructure. This includes continued attention to Tyler Software performance and general maintenance needed to ensure application availability. Support includes application support as well as technical diagnosis and fixes of technology issues involving the host environment. The Tyler Help Desk is available with the exception of Tyler holidays, Monday through Friday from 8:00 am to 8:00 pm EST at (248)588-7670 ext. 1. Incident Reporting Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc Tyler maintains a Help Desk during normal business hours, staffed by MobileEyes-certified personnel located within the U.S. Most trouble calls are handled at the time of the call, while a small percentage require Level 2 (programmer) support and subsequent follow-up. All problems, errors, and/or suggested improvements are documented within a CSR (customer service request) Log and handled based upon severity, as follows: Severity Level Severity Examples Targeted Notification Goals Targeted Resolution Response Time High Complete shutdown or partial shutdown of one or more Software functions. Access to one or more Software functions not available. Major subset of Software application impacted. Within one (1) hour of initial notification during business hours. Tyler will also send an email broadcast to all effected users, notifying them of the problem and efforts to resolve it. 2-4 business hours Medium Minor problem. Data entry or access impaired on a limited basis (typically user error). Within four (4) hours of initial notification 24 business hours Low System operational with minor issues; suggested enhancements as mutually agreed upon – typically covered in a future release as mutually agreed upon. Same day or next business day of initial notification Future Release Client Service Requests - Enhancements Client Service Requests documenting suggested enhancements are reviewed on a quarterly basis and considered for inclusion in periodic releases. If an enhancement request is specific to one customer and deemed to be outside of the original scope of the product, it will be unlikely that the request will be included in a future release. Custom enhancement requests that can otherwise be accommodated will be subject to Tyler standard rates and documented by Tyler as a formal quote for mutual Agreement by Tyler and Client . Client will have an opportunity to review and approve the scope, specification and cost before work is started to ensure goals are properly communicated and funding approved. Product release management is handled by Tyler using standard development tools and methodologies. Work items including, tasks, issues, and scenarios are all captured within the system. New releases are communicated well in Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc advance by Tyler to all clients by system banners and email broadcasts including instructions if user intervention is required. Maintenance and Upgrades All system/product maintenance and upgrades are included in the ongoing support and warranty as contracted. Tyler will communicate all enhancements and upgrades that may impact its users. All code releases will maintain the integrity of Client specific configurations (i.e. templates, addresses, dropdown menus, pick lists, etc.) that have been implemented either by Tyler or Client. Amendment-Paducah KY-MobileEyes-LE 2.18.20 (2019-27944-4 1.10).doc Exhibit 2 Schedule 2 Third Party Terms for MobileEyes NFPA Codes Material from documents of the National Fire Protection Association is displayed in this system under license from the NFPA solely for use within this system on the single machine to which this system is licensed. NFPA material may not be copied, reproduced, transferred, transmitted, distributed or used except as allowed by this system for the purpose of preparing and documenting inspection reports. Any use in violation of this agreement shall allow Tyler Technologies, Inc. (“Tyler”) or the NFPA to immediately cancel all rights granted by this license. NFPA is not responsible for the programming or display of this material. Any problems or difficulties with the presentation of this material should be brought to the attention of Tyler or the NFPA. ULCS Codes Material from documents of ULC Standards (ULCS) is displayed in this system under license from ULCS solely for use within this system on the device(s) to which this system is licensed. ULCS material may not be copied, reproduced, transferred, transmitted, distributed or used except as allowed by this system for the purpose of preparing and documenting inspection reports. Any use in violation of this agreement shall allow Tyler Technologies, Inc. (“Tyler”) or ULCS to immediately cancel all rights granted by this license. ULCS is not responsible for the programming or display of this material. Any problems or difficulties with the presentation of this material should be brought to the attention of Tyler. IFC Codes This software contains information which is proprietary to and copyrighted by International Code Council, Inc. The acronym "ICC" and the ICC logo are trademarks and service marks of ICC. ALL RIGHTS RESERVED. As an End-User of the Software Product, End-User does not acquire any proprietary interest in the Software Product, or any of its contents. End-User acknowledges that and agrees that there are no warranties, guarantees, conditions, covenants or representations by ICC as to the fitness for a particular purpose, or any other attribute, whether expressed or implied (in law or in fact), oral or written, of the copyrighted ICC property contained in the Software Product. End-User agrees that any unauthorized possession of the Software Product or its accompanying printed materials, or any use of the same, shall constitute a breach of the license agreement, and, upon written notice of the same by either ICC or Licensor, the End-User will surrender possession of the Software Product and all accompanying printed materials to ICC or Licensor. This Agreement is not transferable to any other party, for any reason. End-User agrees that use of the Software Product constitutes acceptance of the terms and conditions of this Agreement. RESOLUTION A RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY, IN SUPPORT OF HOUSE BILL 484 THAT WILL REORGANIZE THE KENTUCKY RETIREMENT SYSTEMS AND CREATE AN INDEPENDENT COUNTY EMPLOYEES RETIREMENT SYSTEM BOARD OF TRUSTEES. WHEREAS, the City of Paducah, Kentucky, has employees vested in the County Employees Retirement System; WHEREAS, employer contribution rates for the County Employees Retirement System continue to increase, putting a strain on municipal budgets; WHEREAS, total assets of the County Employees Retirement System are about $13.5 billion, and it is 76% of pension assets controlled by the Kentucky Retirement Systems; WHEREAS, the current 17-member Kentucky Retirement Systems Board of Trustees has only six seats for County Employees Retirement System representatives; WHEREAS, the Kentucky Retirement Systems Investment Committee has no County Employees Retirement System representatives and the Actuarial Subcommittee has only one seat for a County Employees Retirement System representative; WHEREAS, the Kentucky Retirement Systems earns investment income for the County Employees Retirement System below amounts earned by peer groups, and investment income is a vital component of improving the pension system’s funding level; WHEREAS, a CERS Board of Trustees solely focused on investment decisions, actuarial data and asset allocations of the County Employees Retirement System would ensure decisions made for the system are in its best interest; WHEREAS, House Bill 484creates a nine-member County Employees Retirement System Board of Trustees whose sole responsibility is the management of the County Employees Retirement System; WHEREAS, it is in the best interest of the City of Paducah, and its employees that the County Employees Retirement System functions in an affordable and actuarially sound manner; NOW, THEREFORE, BE IT RESOLVED That the Board of Commissioners of the City of Paducah, supports House Bill 484 and calls upon the General Assembly and legislators representing this community to pass the measure to reorganize the Kentucky Retirement Systems and create an independent County Employees Retirement System Board of Trustees. _________________________________ MAYOR _______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, March 10, 2020 Recorded by Lindsay Parish, March 10, 2020 \resoln\Support of HB 484 Agenda Action Form Paducah City Commission Meeting Date: March 10, 2020 Short Title: Approval of contract with Adam's Contracting, LLC in the amount of $274,121 for the Perkins Creek "Bob Leeper" Pedestrian Bridge project - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: On Tuesday, January 28, 2020, sealed bids were opened and read aloud for the Perkins Creek "Bob Leeper" Pedestrian Bridge Project. Three responsive and responsible bids were received, with Adams Contracting, LLC submitting the lowest bid in the amount of $274,121.00. This bid is 1.6% above the Engineer's construction cost estimate. This Project is funded in part with a Recreational Trails Program grant administered by the Kentucky Department for Local Government in the amount of $100,000. Local funding of $80,000 from City of Paducah, as approved by Ordinance 2019-6-8576, $30,000 from McCracken Fiscal Court, $30,000 from Four Rivers Nuclear Partnership, $5,000 from GeoSynTec, and $5,000 from Veolia. An additional $80,000 will be transferred from the Boyles Estate Trust (PF0049) to fund the project. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): R-10: Plan, design and construct recreational trails near residential neighborhoods. Funds Available:Account Name: Account Number: Staff Recommendation: To receive and file bids and adopt an Ordinance authorizing and instructing the Mayor to execute a contract with Adams Contracting, LLC in the amount of $274,121.00 for construction of the Perkins Creek "Bob Leeper" Pedestrian Bridge. To authorize and instruct the Finance Director to move $80,000 from the Boyles Estate Trust (PF0049) into the Bob Leeper Bridge (PA0119) project account. Attachments: 1.Bid_Tab_Perkins Creek Pedestrian Bridge 2.Perkins Creek_Contract 3.Ordinance 00500 AGREEMENT Page 1 of 2 CITY OF PADUCAH, KENTUCKY ENGINEERING DEPARTMENT AGREEMENT FOR PERKINS CREEK PEDESTRIAN BRIDGE PROJECT THIS AGREEMENT, made this day of , 20__ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and ADAMS CONTRACTING, LLC hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services necessary for the construction of the PERKINS CREEK PEDESTRIAN BRIDGE PROJECT. All Work shall be in accordance with this Agreement, the Plans, Specifications and any Addendum(s) issued. Throughout the performance of this Contract, the Engineering-Public Works Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah. All work done by the Contractor shall be completed under the general supervision of the Engineer. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Contractor hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the project within One Hundred Eighty (180) consecutive calendar days thereafter. Failure of the Contractor to complete the work in the time specified above plus any extensions allowed in accordance with the General Conditions shall result in the assessment of liquidated damages for the delay (not as a penalty). Liquidated damages shall be in the amount of $500.00 per consecutive calendar day for failure to meet the final completion date and shall be withheld from final payment. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein: TWO HUNDRED, SEVENTY-FOUR THOUSAND, ONE HUNDRED, TWENTY-ONE DOLLARS ($274,121.00) as quoted in the Bid Proposal by the Contractor dated January 28, 2020 which shall constitute full compensation for the work and services authorized herein. ARTICLE 4. PROGRESS PAYMENTS The Contractor may submit each month, and no more than once a month, a Request for Payment for work completed in accordance with the Specifications. The Owner will make partial payments on or about thirty (30) days after submission of a properly completed invoice and approval of the completed work. At the Engineer’s discretion, a ten percent (10%) retainage may be held until final completion and acceptance of the work. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due sixty, (60) days after substantial completion of the work, provided the work will then be fully completed and the Contract fully performed in accordance with the specifications. 00500 AGREEMENT Page 2 of 2 ARTICLE 6. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 7. THE CONTRACT DOCUMENTS The Plans, Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. ADAMS CONTRACTING, LLC CITY OF PADUCAH, KENTUCKY BY __________________________ BY ____________________________ Scott Adams, President Brandi Harless, Mayor ADDRESS: ADDRESS: 131 Prosperous Place, Suite 19A Post Office Box 2267 Lexington, Kentucky 40509 Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: March 10, 2020 Short Title: Approval of Professional Services Contract with BFW Engineering & Testing, Inc. in the amount of $52,204 for the Floodwall Seal Closure Project - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: On July 25, 2017, the City of Paducah and the U.S. Army Corp of Engineers entered into a Project Partnership Agreement (PPA) authorizing the construction of the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project for flood risk management. The PPA was approved by the Paducah Board of Commissioners through Ordinance No. 2017-5-8484 on May 9, 2017. Federal regulations require cost-sharing for the PPA of 65% Federal Share and 35% Non-Federal Sponsor Share. The Non-Federal Sponsor Share includes both cash and in-kind contributions. As part of the City’s in- kind contribution, a fee proposal has been requested for design plans suitable for bidding for the permanent closure or alteration of 13 floodwall openings. The cost of the design contract will be counted as Non-Federal Sponsor Share in-kind match. BFW Engineering & Design has proposed a not-to-exceed fee of $52,204 for the preparation of bid plans including a plan and section of each opening, surveying of two openings where plans do not exist, use of existing technical drawings where available, technical specifications, design meetings, construction administration during construction, pre-placement inspection for each concrete placement, inspection and sample collection during each concrete placement, and sample testing. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and instruct the Mayor to sign the professional services contract with BFW Engineering & Testing, Inc. in the amount of $52,204 for professional services related to the Floodwall Seal Closure Project. Attachments: 1.Floodwall Seal Closure Proposal_BFW 2.Ordinance Agenda Action Form Paducah City Commission Meeting Date: March 10, 2020 Short Title: Amend Code of Ordinances Section 78-32 Related to Vacation Leave - S SUAZO Category: Ordinance Staff Work By: Stefanie Suazo Presentation By: Stefanie Suazo Background Information: The accruals in the vacation leave ordinance for non-union employees were last amended in 1991. This amendment increases the vacation accruals for employees not included in a contractual agreement with the City to match the accruals in the Paducah Police Department Bargaining Unit. This amendment aligns with the City's goals to be a competitive employer to enhance employee recruitment and retention. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Amend Code of Ordinances Section 78-32 Related to Vacation Leave Attachments: 1.Ordinance Agenda Action Form Paducah City Commission Meeting Date: March 10, 2020 Short Title: Approve a Budget Amendment in the amount of $1.5 Million for BUILD Grant Match and Project Related Expenses - J ARNDT Category: Ordinance Staff Work By: Audra Herndon, Lindsay Parish, Jonathan Perkins, Ty Wilson Presentation By: James Arndt Background Information: This ordinance approves a budget amendment in the amount of $1,500,000 from the General Fund Unreserved Fund Balance into the Build Grant Project Account #DT0050. These funds will be used as matching funds for the Better Utilizing Investments to Leverage Development (BUILD) Grant program which has been awarded to the City of Paducah by the U.S. Department of Transportation. These matching funds along with the $10.4 million awarded by the U.S. Department of Transportation will be used for the Riverfront Commons which includes Riverboat Excursion Pier and Plaza, Bike, Pedestrian, and Broadband Linkages, and Improvements to the landing near the Transient Boat Dock. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): E-4: Continue developing the riverfront from the Carson Center to the Convention Center Funds Available:Account Name: Account Number: Staff Recommendation: Approve the budget amendment. Attachments: 1.budget amend 2019-20 - February 2020 (3rd Amendment) Agenda Action Form Paducah City Commission Meeting Date: March 10, 2020 Short Title: Approve Budget Amendment in the amount of $141,000 for the Replacement of Paxton park Grounds Equipment - J ARNDT Category: Ordinance Staff Work By: James Arndt, Jonathan Perkins, Mark Thompson, Lindsay Parish Presentation By: James Arndt Background Information: Paxton Park Municipal Golf Course is in need of new equipment for the golf course grounds. This budget amendment would move $141,000 from the Fleet Trust Fund fund balance to the Fleet Trust Fund in order to make it available for the purchase of new mowers and equipment for Paxton Park. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Fleet Trust Fund Fund Balance Account Number: Staff Recommendation: Approve the Budget Amendment Attachments: 1.budget amend 2019-20 - March 2020 (5th Amendment) ORDINANCE NO. 2020-_____-______ AN ORDINANCE AMENDING ORDINANCE NO. 2019-6-8578, ENTITLED, “AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2019, THROUGH JUNE 30, 2020, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT” WHEREAS, Paxton Park Golf Course is in need of new equipment for the maintenance of the golf course grounds; and WHEREAS, funds now need to be transferred into an appropriate account for expenses related to the purchase of new equipment for Paxton Park Golf Course; and WHEREAS, KRS prohibits expenses to exceed the budget in any department and it is therefore necessary to amend the City’s FY2020 budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the annual budget for the fiscal year beginning July 1, 2019, and ending June 30, 2020, as adopted by Ordinance No. 2019-6-8578, be amended by the following re-appropriations: Transfer $141,000 from the FY2020 Fleet Trust Fund Fund Balance to the Fleet Trust Fund. SECTION 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ Brandi Harless, Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, March 10, 2020 Adopted by the Board of Commissioners, _______________________ Recorded Lindsay Parish, City Clerk, ________________________ Published by The Paducah Sun, ______________________ \ord\finance\budget amend 2019-20 - March 2020 (5th Amendment) Agenda Action Form Paducah City Commission Meeting Date: March 10, 2020 Short Title: Approve a Budget Amendment in the amount of $80,000 for For the Buckner Lane Bridge Project - J ARNDT Category: Ordinance Staff Work By: Lindsay Parish, Jonathan Perkins Presentation By: James Arndt Background Information: This ordinance approves a budget amendment in the amount of $80,000 from the Unreserved MAP Fund fund balance into the Flood Mitigation - Bridge Design Project Account PF0077 for funding for the Buckner Lane Bridge Project. These funds will be used for the professional services contract with BFW Engineering & Testing for the engineering design of the Buckner Lane Bridge Replacement project. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Flood Mitigation - Bridge Design Account Number: PF0077 Staff Recommendation: Approve the Budget Amendment. Attachments: 1.Ordinance ORDINANCE NO. 2020-_____-______ AN ORDINANCE AMENDING ORDINANCE NO. 2019-6-8578, ENTITLED, “AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2019, THROUGH JUNE 30, 2020, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT” WHEREAS, in a bridge report provided by the Kentucky Transportation Cabinet on September 30, 2019, the bridge on Buckner Lane over Crooked Creek was rated Poor overall with a substructure geometry rating of substandard; and WHEREAS, funds now need to be transferred into an appropriate project account for expenses related to the survey, roadway design and structure design for the bridge/box culvert for the Buckner Lane Bridge replacement over crooked creek; and WHEREAS, KRS prohibits expenses to exceed the budget in any department and it is therefore necessary to amend the City’s FY2020 budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the annual budget for the fiscal year beginning July 1, 2019, and ending June 30, 2020, as adopted by Ordinance No. 2019-6-8578, be amended by the following re-appropriations: Transfer $80,000 from the FY2020 Unreserved MAP Fund fund balance to the Flood Mitigation – Bridge Design Project Account PF0077 SECTION 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ Brandi Harless, Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, March 10, 2020 Adopted by the Board of Commissioners, _______________________ Recorded Lindsay Parish, City Clerk, ________________________ Published by The Paducah Sun, ______________________ \ord\finance\budget amend 2019-20 - March 2020 (4th Amendment) Agenda Action Form Paducah City Commission Meeting Date: March 10, 2020 Short Title: Approval of a Professional Services Contract with BFW Engineering & Testing, Inc. in the amount of $154,036.00 for Engineering Services for the Buckner Lane Bridge Project - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: On April 26, 2018, a major disaster declaration FEMA-4361-DR-KY was signed by the President for the 2018 Flooding and Severe Weather Events occurring February 21, 2018 through March 21, 2018. As a result, the City of Paducah applied for and received Disaster Relief Funding for the restoration of the Buckner Lane Bridge under Event 4361DR-KY. The Federal Emergency Management Agency (FEMA) has estimated $438,775.00 total project cost with 75% Federal Share and 25% Non-Federal Share. FEMA has obligated $329,081.00 in Federal funds for the Buckner Bridge Project. The Non-Federal Share of $109,693.00 is split between State ($52,652.00) and Local ($57,041.00) cost shares. In a bridge report provided by the Kentucky Transportation Cabinet on September 30, 2019, the bridge on Buckner Lane over Crooked Creek was rated Poor overall with a substructure geometry rating of substandard. The report identifies two (2) wooden piles under the bridge with 75% deterioration. Pursuant to Section 2-659(1) of the City of Paducah Procurement Code, an Emergency was declared on January 23, 2020 necessitating the immediate replacement of the Buckner Lane Bridge over Crooked Creek. The deteriorated condition of the bridge needs immediate attention in order to prevent possible harm to Paducah citizens, emergency response access and convenience of traffic circulation. Under emergency procurement procedure, BFW Engineering & Testing, Inc. has submitted a fee proposal for survey, roadway design and structure design for the bridge/box culvert for the Buckner Lane Bridge replacement over Crooked Creek in the amount of $154,036.00. Services not included in this scope of work, but included as options in the event the City wishes to take advantage of these project services, are as follows: Utility Relocation Plans - $1920.00 RW Negotiations (HMB Engineers) - $32,000.00 Construction Inspection & Testing - $64,800.00 The City of Paducah appropriated $100,000 into Flood Mitigation- Bridge Design Project Account PF0077 in the FY2019 General Operating Budget as approved by Ordinance 2018-06-8537. A balance of $74,565.00 is available to fund the Buckner Lane Bridge engineering services. An additional $80,000 will be transferred from the unreserved MAP Fund Balance to fully fund the engineering design of the Buckner Lane Bridge replacement project. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Flood Mitigation-Bridge Design Account Number: PF0077 Staff Recommendation: Authorize and direct the Mayor to sign a professional services contract with BFW Engineering & Testing, Inc. in the amount of $154,036.00 for engineering services for the Buckner Lane Bridge Project. Attachments: 1.FEE PROPOSAL BUCKNER LANE Agenda Action Form Paducah City Commission Meeting Date: March 10, 2020 Short Title: Approve Professional Services Contract for a Classification and Compensation Study for a base fee of $39,000 with additional expenses not to exceed $1,600 with CBIZ Benefits & Insurance Services, Inc. d/b/a CBIZ Talent and Compensation Solutions - S SUAZO Category: Municipal Order Staff Work By: Stefanie Suazo Presentation By: Stefanie Suazo Background Information: The most recent classification and compensation study was completed in 2011, and it is recommended in order for the City to remain competitive to recruit and retain employees that it is time to review all positions and pay again. The compensation study would analyze the market competitiveness of the City’s compensation structure and develop a new compensation structure for the City of Paducah to address both external and internal equity. The objective of the study will also be to provide the City with a compensation plan that will continue to accurately reflect job roles and responsibilities, establish an organizational structure that is flexible in order to accommodate the City’s growth and well-aligned with its broader goals and strategies. Staff is also proposing to set aside funds for potential salary adjustments to be implemented in the FY2021 budget pending Commission approval. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): Recruitment and Retention Funds Available:Account Name: Pay & Class Study 2020 Account Number: MR0077-000-200000-20012 Staff Recommendation: Adopt a municipal order appropriating $40,600 from the General Fund to a Project Account named Pay & Class Study 2020, to pay for professional services with CBIZ Talent and Compensation Solutions to complete the City's Pay and Classification Study. Attachments: 1.Ordinance