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Home My WebLink AboutCCMPacket2020-01-28CITY COMMISSION MEETING AGENDA FOR JANUARY 28, 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 EMPLOYEE INTRODUCTIONS Police Officers Noah Willett, Jaime Euteneier, Michael Vowell, James Whitworth PRESENTATION OpenCounter Demonstration - Lindsay Parish PRESENTATION GPEDC Update - Bruce Wilcox PRESENTATION Lose Design Update - Chris Camp & Team 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 January 14, 2020 B.Receive & File Documents C.Personnel Actions D.Acceptance of the Kentucky Arts Council Partnership Grant in the amount of $5000 for the implementation for projects developed during the City of Paducah's AIR Institute Shift Workshop - L PARISH E.FY 2021 Highway Safety Grant application and acceptance - B LAIRD F.Accept Donation of Property Located at 1314 Oscar Cross Avenue - G CHERRY G.Approve Agreement to Employ Chris Yarber as Director of Public Works - J ARNDT II. MUNICIPAL ORDER(S) A.Authorize the City Manager to make a Monetary Contribution in the Amount of $140,996.50 to be used as Local Matching Funds for Barkley Regional Airport for Terminal Engineering and Architectural Design - J ARNDT III. ORDINANCE(S) - ADOPTION A.City of Paducah Special Event Cost Recovery Program - M THOMPSON B.Closure of a Portion of Colonial Court Between 100, 104, 106 & 107 Colonial Court - R MURPHY C.Execute an Agreement with Plante Moran not to Exceed $90,000 for Technical Assistance with Energov Codes & Permitting Software Implementation - M SMOLEN D.Amend Code of Ordinances Section 70-52 to Add One Additional Member to the Brooks Stadium Commission - J ARNDT IV. ORDINANCE(S) - INTRODUCTION A.Approve Fuel Contract for 2020-2021 - R MURPHY B.Approve Agreement with the Paducah Police Department Bargaining Unit - J ARNDT C.Approve Agreement with the Professional Fire Fighters of Paducah, Local 168 - J ARNDT V. DISCUSSION A.Quarterly Financial Report - J PERKINS & J ARNDT VI. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VII. EXECUTIVE SESSION January 14, 2020 At a Regular Meeting of the Board of Commissioners, held on Tuesday, January 14, 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 Assistant 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. EMPLOYEE INTRODUCTIONS: Fire Chief Steve Kyle introduced new firefighter candidates: Aiden Yarbrough, Hakeem Tyler, Rodney Spillane, Joshua Guess, Seth Harrell and Michaela Gossum. 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 December 17, 2019 Joint Called Meeting - Board of Commissioners of City of Paducah and McCracken Fiscal Court and Approve Minutes for the December 17, 2019 Called Meeting of the Board of Commissioners of the City of Paducah I(B)Receive and File Documents Minute File: 1. Notice of Called Joint Meeting – Board of Commissioners of City of Paducah and McCracken County Fiscal Court – December 17, 2019 5:00 p.m. 2. Notice of Called Meeting – Board of Commissioners of City of Paducah – December 17, 2019 5:30 p.m. 3. Certificate of Liability Insurance – Centurion Development LLC 4. Right-of-Way Bond – Centurion Development LLC 5. Certificate of Liability Insurance – Ivitts Plumbing Contractors, Inc. Deed File: 1. Deed of Conveyance – 2028 Clay Street Irene Salemi to City of Paducah - MO #2307 Contract File: 1. Forgiveness of Debt Agreement – City of Paducah – Paducah Golf Commission – ORD 2019-12-8604 2. City of Paducah – Commonwealth Economics – Downtown Riverfront TIF Project – ORD 2019-12-8607 3. Commonwealth of Kentucky – DLG Grant – Recreational Trails Program – MO #2293 580584584 January 14, 2020 4. Commonwealth of Kentucky – Kentucky office of Homeland Security Grant MO #2301 5. Agreement between Commonwealth of Kentucky Transportation Cabinet Dept. of Highways and City of Paducah – South 25th Street Project – MO #2306 6. Contract For Services – Midtown Alliance of Neighbors – MO #2308 7. Surplus Property Sale Sealed Bid Form – James Hardin – 164 Clements St. MO #2309 8. City of Paducah – Jim Smith Contracting – Resurfacing Program – One-year Renewal Agreement – ORD 2018-5-8553 9. Downtown Paducah Parking Assessment – Concepts21 – Signed by CM 10. Commonwealth of Kentucky – Contract Modification – Time Extension – Community Block Grant – MO #2014 Financials File: 1. Paducah Junior College – Year ended June 30, 2019 I(C)Appointment of Karami Underwood to the Paducah-McCracken County Senior Citizens Board to replace Charles “Chuck” Walter, who resigned. This term shall expire June 30, 2022. I(D)Appointment of Emerson Goodwin to the Barkley Airport Authority Board to replace Andras Q. Bende, whose term has expired, said term shall expire December 31, 2023; Appointment of Ashley Johnson to the Barkley Airport Authority Board to replace James Page II, whose term has expired, said term shall expire December 16, 2023; and Reappointment of Dann Patterson, said term shall expire December 12, 2023. I(E)Personnel Actions I(F)A MUNICIPAL ORDER AUTHORIZING THE CITY MANAGER TO DISTRIBUTE VACATION DAYS TO CERTAIN EMPLOYEES OF THE CITY OF PADUCAH AS PART OF THE ANNUAL EMPLOYEE APPRECIATION CHRISTMAS LUNCHEON CHARITY FOOD COLLECTION (MO #2310; BK 11) I(G)A MUNICIPAL ORDER ACCEPTING THE BID OF LINWOOD MOTORS FOR SALE TO THE CITY OF ONE (1) ½ TON PICKUP 4X4 SSV IN A TOTAL AMOUNT OF $34,677.96 FOR USE BY THE FIRE PREVENTION DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (MO #2311; BK 11) Mayor Harless offered motion, seconded by Commissioner Wilson, that the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). January 14, 2020 ORDINANCE(S) – ADOPTIONS CHANGE ORDER #1 WITH BACON, FARMER AND WORKMAN ENGINEERING & TESTING, INC., IN THE AMOUNT OF $5,000 FOR THE PADUCAH PARKS & RECREATION MASTER PLAN Commissioner Abraham offered motion, seconded by Commissioner McElroy, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH BACON, FARMER AND WORKMAN ENGINEERING & TESTING, INC., IN THE AMOUNT OF $5,000 FOR THE PADUCAH PARKS & RECREATION MASTER PLAN.” This Ordinance is summarized as follows: This Ordinance authorizes the Mayor to execute Change Order No. 1, in an amount of $5,000 with Bacon, Farmer and Workman Engineering & Testing, Inc. for work related to the addition of McCracken County residents in the statistically valid survey for a new total contract amount of $107,500. Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). (ORD #2020-01-8610, BK 36) REPEAL AND REPLACE CHAPTER 22 – CABLE COMMUNICATIONS Commissioner McElroy offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE REPEALING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHICH GOVERNS CABLE COMMUNICATIONS AND REPLACING IT IN ITS ENTIRETY.” This ordinance is summarized as follows: This ordinance repeals the existing Chapter 22 of the Code of Ordinances of the City of Paducah and replaces it in its entirety. Changes include Applicable Law as a new defined term which includes any and all local law, state or federal law, statute, charter, ordinance, regulation, code, franchise, permit, judgment or decree in accordance with state and federal law. A stronger, more detailed “gross revenues” definition has been included to ensure maximum franchise fee payments to the City regarding cable service. The language in the Complimentary Services section has been revised and requires each franchise granted by the City to specify complimentary services as necessitated by recent action of the Federal Communications Commission. The Report section has been revised to allow the City to review a franchisee’s books and records necessary to insure compliance with the terms of a franchise agreement; the City the right to request and review maps; and enforcement by the City if a franchisee does not comply with this section. Revisions were made to the franchise fee section to reflect a 5% franchise fee paid to the City quarterly, 45 days after the close of each calendar quarter. Revisions were also made to reflect the City’s right to inspect the franchisee’s records and to audit any amounts due under the franchise, the ordinance and applicable law as well as language regarding resolution of any disputes regarding audit results. The emergency alert section has been revised to comply with changes in technology and applicable law, including federal regulations and any Kentucky Emergency Management requirements. The section related to the Paducah Cable Communications Authority has been deleted in its entirety as this entity no longer meets. Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). (ORD #2020-01-8611, BK 36) January 14, 2020 ORDINANCE(S) – INTRODUCTION AMEND CHAPTER 98, ARTICLES VI AND VII OF THE CODE OF ORDINANCES PARADES AND GENERAL ASSEMBLIES COST RECOVERY PROGRAM Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce and Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 98, ARTICLES VI AND VII OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH.” This ordinance is summarized as follows: This ordinance amends Chapter 98, Articles VI and VII of the Code of Ordinances of the City of Paducah related to Parades and General Assemblies to enact a permit fee of $100 for parade and general assembly applications.This ordinance requires parade and general assembly permittees to obtain all setup, operation, and breakdown materials and services from private businesses unless evidence is shown that applicable materials and services cannot be acquired from local businesses. If sufficient documentation is provided, the City may offer to provide materials at its disposal at a rate of 125% of the average local business pricing. However, if no business in the City of Paducah offers services and/or materials required for all setup, operation, and breakdown of the event, the City may provide materials at its disposal, as well as services offered by the City in the normal course of business, at a rate of 15% of cost to the City for said services and materials. Police off duty overtime security detail, city single-source services, utility fees and facility rentals shall be provided at a set fee. This ordinance is not applicable to City-sponsored or Co-sponsored events or events and activities conducted at Paducah’s Civic Center and at reserved buildings and shelters located on City-owned public parks. The full text of each section that imposes fees shall be published in accordance with KRS 83A.060. CLOSURE OF A PORTION OF COLONIAL COURT BETWEEN 100, 104, 106 AND 107 COLONIAL COURT Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF COLONIAL COURT BETWEEN 100, 104, 106 & 107 COLONIAL COURT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME.” This ordinance is summarized as follows: The City of Paducah does hereby authorize the closure of a portion of Colonial Court between 100, 104, 106 & 107 Colonial Court and authorizes, empowers and directs the Mayor to execute a quitclaim deed from the City to the property owners in or abutting the public ways to be closed. AGREEMENT WITH PLANTE MORAN NOT TO EXCEED $90,000 TO PROVIDE TECHNICAL ASSISTANCE WITH ENERGOV CODES & PERMITTING SOFTWARE IMPLEMENTATION Commissioner Abraham offered motion, seconded by Commissioner McElroy, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PLANTE MORAN NOT TO EXCEED $90,000 FOR TECHNICAL ASSISTANCE WITH ENERGOV CODES & PERMITTING SOFTWARE IMPLEMENTATION.” This Ordinance authorizes the Mayor to execute a professional services agreement with Plante Moran in an amount not to exceed $90,000, for technical assistance with the implementation of the Energov software. January 14, 2020 AMEND CODE OF ORDINANCE SECTION 70-52 – ADD MEMBER BROOKS STADIUM COMMISSION Commissioner McElroy offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce and Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 70, ARTICLE III “BROOKS STADIUM COMMISSION” OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY.” This ordinance is summarized as follows: This ordinance amends the Code of Ordinances of the City of Paducah, Kentucky to increase the total number of Brooks Stadium Commission members from nine (9) to ten (10) and to remove the voting rights of the Brooks Stadium Commission President except to cast the deciding vote in the case of a tie. CITY MANAGER COMMENTS The City Manager reminded everyone about the Commission retreat on January 25, 2020. Information will be going out soon. COMMISSION COMMENTS Commissioner Abraham commented on recent flooding, stormwater, flood mitigation and funding for aquatics center. PUBLIC COMMENTS Ron Ward commented on “park fees” and food trucks ADJOURN Mayor Harless offered motion, seconded by Commissioner McElroy, to adjourn the meeting. All in favor. Meeting ended at approximately 6:13 p.m. ADOPTED: January 28, 2020 ______________________________ Brandi Harless, Mayor ATTEST: ________________________________ Claudia S. Meeks, Assistant City Clerk ________________________________ Lindsay Parish, City Clerk January 28, 2020 Minute File: 1. Certificate of Liability Insurance – Coast to Coast Signs LLC Contract File: 1. Agreement with Linwood Motors to purchase one ½-ton pickup 4x4 SSV in the amount of $34,677.96 Bids 1. Linwood Motors – one ½-ton pickup 4x4 SSV Agenda Action Form Paducah City Commission Meeting Date: January 28, 2020 Short Title: Acceptance of the Kentucky Arts Council Partnership Grant in the amount of $5000 for the implementation for projects developed during the City of Paducah's AIR Institute Shift Workshop - L PARISH Category: Municipal Order Staff Work By: Lindsay Parish, Ty Wilson Presentation By: Lindsay Parish Background Information: The KY Arts Council will provide a Partnership Grant in the amount of $5,000 for the implementation, in part or whole, for projects developed during the City of Paducah's AIR Institute Shift Workshop held Nov. 7-9, 2019. Per the decision of the workshop panel, $800 is designated for the pocket park project team, $400 of which is designated for a Kentucky Peer Advisory Network consultancy that should be set up through the Kentucky Arts Council. The remaining funds of $4,200 are designated for the implementation of the Arts in the Park project. All Kentucky Arts Council grants are contingent upon budgetary action by the Kentucky General Assembly and upon annual receipt of funds from the National Endowment for the Arts (NEA). No local match is required. 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. Attachments: 1.Municipal Order 2.Grant Agreement MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A FY2020 PARTNERSHIP GRANT THROUGH THE KENTUCKY ARTS COUNCIL IN THE AMOUNT OF $5,000 FOR IMPLEMENTATION FUNDING FOR THE PROJECTS DEVELOPED IN THE 2019 SHIFT WORKSHOP, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the submission of an application and accepts the awarded funding in the amount of $5,000 for a FY2020 Partnership Grant Through the Kentucky Arts Council for implementation funding for the projects developed in the 2019 Shift Workshop held November 7-9, 2019. This money will be used as funding sources for the proposed projects including $4,200 for the Arts in the Park project and $800 for consultation support for the Pockets in Paducah project. No local match is required. SECTION 2. This order will 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, January 28, 2020 Recorded by Lindsay Parish, City Clerk, January 28, 2020 mo\grants\app & award – Shift Workshop Kentucky Arts Council Funding Agenda Action Form Paducah City Commission Meeting Date: January 28, 2020 Short Title: FY 2021 Highway Safety Grant application and acceptance - B LAIRD Category: Municipal Order Staff Work By: Ty Wilson Presentation By: Brian Laird Background Information: The Kentucky Transportation cabinet's Highway safety has a competitive, discretionary grant program for reimbursement of overtime work involved with traffic safety and for equipment for officers. The program covers several categories of overtime projects (impaired driving, occupant protection, police traffic services, and other traffic safety problems areas) that include DUI arrests, speeding citations, seat belt citations, and child restraint citations. Also, due to the number of fatal crashes occurring during during nighttime hours across the Commonwealth, and specifically lower nighttime seat belt usage throughout the state, successful applicants will dedicate a minimum of 50% of overtime work to nighttime enforcement. The PPD has been a successful applicant to this program for several years and is currently implementing this program from the most recent funding cycle. No match is required. PPD is requesting approval to apply for $30,888 in grant funds for overtime pay for officers and associated fuel costs. Upon successful award, PPD will be reimbursed for overtime hours associated with saturation patrols, including fuel costs. 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 application documents and, upon successful award, authorize and direct the Mayor to execute all required grant acceptance documents. Attachments: 1.Municipal Order MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A FY2021 HIGHWAY SAFETY GRANT THROUGH THE KENTUCKY TRANSPORTATION CABINET FOR OVERTIME PAY FOR OFFICERS AND ASSOCIATED FUEL COSTS FOR THE POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the submission of an application in the amount of $30,888 for a FY2021 Highway Safety Grant through the Kentucky Transportation Cabinet for overtime pay for officers and associated fuel costs and authorizes the Mayor to execute all documents related to same. This money will be used to pay overtime for nighttime enforcement as well as enforcement of other traffic-related items including DUI, speeding, seat belt violations and child restraint violations. No local match is required. SECTION 2. That the City of Paducah hereby accepts the FY2021 Highway Safety Grant in the sum awarded through the Kentucky Transportation Cabinet for payment of overtime pay for officers and associated fuel costs, and authorizes the Mayor to execute all documents related to same. SECTION 3. This order will 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, January 28, 2020 Recorded by Lindsay Parish, City Clerk, January 28, 2020 mo\grants\app & award – FY2021 Highway Safety Grant – overtime and fuel charges Agenda Action Form Paducah City Commission Meeting Date: January 28, 2020 Short Title: Accept Donation of Property Located at 1314 Oscar Cross Avenue - G CHERRY Category: Municipal Order Staff Work By: Greg Cherry Presentation By: Greg Cherry Background Information: Michael Tolbert and Tina Wesson-Tolbert would like to donate 1314 Oscar Cross Avenue to the City of Paducah. This will benefit the City to receive this property versus foreclosure expenses. This property will be turned over to the Planning Department for future re-development. 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 Mayor Brandi Harless to sign the deed transferring 1314 Oscar Cross Avenue to the City of Paducah. Attachments: 1.Municipal Order MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 1314 OSCAR CROSS AVENUE FROM MICHAEL TOLBERT AND TINA WESSON-TOLBERT TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION CERTIFICATE BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners hereby approves and consents to the donation of the Property located at 1314 Oscar Cross Avenue from Michael Tolbert and Tina Wesson-Tolbert. SECTION 2. The Mayor is hereby authorized to execute the Consideration Certificate in the Deed of Conveyance to accept the donation of property as approved in Section 1 above. It is determined that it is necessary and desirable and in the best interest of the City to accept this donation and execute the Consideration Certificate contained in said Deed of Conveyance, which deed of conveyance and consideration certificate are hereby authorized and approved. SECTION 3. 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, January 28, 2020 Recorded by Lindsay Parish, City Clerk, January 28, 2020 \mo\prop donated –1314 Oscar Cross Avenue Agenda Action Form Paducah City Commission Meeting Date: January 28, 2020 Short Title: Approve Agreement to Employ Chris Yarber as Director of Public Works - J ARNDT Category: Municipal Order Staff Work By: Presentation By: Background Information: The City Manager is recommending Christopher Yarber be promoted from the Assistant Director of Public Works to the Director of Public Works. The recommendation is based on performance, and the ability to perform in his role. Per the employment agreement, Chris will be the Director on January 30, 2020. There will be a transition period as staff works through the separation of enigneering, public works and parks responsibilities during the FY21 budget process. 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 the Mayor to sign and execute the employment agreement for the Director of Public Works Attachments: 1.Municipal Order 2.Yarber PW Contract 2020 MUNICIPAL ORDER NO. ____________ A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND CHRIS YARBER FOR EMPLOYMENT AS DIRECTOR OF PUBLIC WORKS, AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Authorization. The Board of Commissioners of the City of Paducah hereby approves and the Mayor of the City of Paducah, Kentucky, is hereby authorized to execute an Employment Agreement with Chris Yarber to be employed in the position of Director of Public Works. SECTION 2. Effective Date. This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the City of Paducah, Kentucky. _______________________________ Brandi Harless, Mayor ATTEST: __________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, January 28, 2020 Recorded by Lindsay Parish, City Clerk, January 28, 2020 \mo\agree-employment – Chris Yarber – Director of Public Works Agenda Action Form Paducah City Commission Meeting Date: January 28, 2020 Short Title: Authorize the City Manager to make a Monetary Contribution in the Amount of $140,996.50 to be used as Local Matching Funds for Barkley Regional Airport for Terminal Engineering and Architectural Design - J ARNDT Category: Municipal Order Staff Work By: James Arndt Presentation By: James Arndt Background Information: The Barkley Regional Airport has received FAA Grant funds for the engineering and Architectural design for a new airport terminal. The total need for matching funds for the grant is $281,993.03. This action would allow the City Manager to make a contribution to Barkley Regional Airport in the amount of $140,996.50 to act as a portion of the local matching funds needed for the project. These funds will be provided through the Administrative Contingency Account. 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: Administrative Contingency Account Number: 10000106 524500 Staff Recommendation: Approve a Municipal Order Authorizing the City Manager to make a contribution to Barkley Regional Airport to act as matching funds for the Airport's FAA Grant. Attachments: 1.Municipal Order MUNICIPAL ORDER ______ A MUNICIPAL ORDER AUTHORIZING THE CITY MANAGER TO MAKE A MONETARY CONTRIBUTION FOR ECONOMIC DEVELOPMENT TO BARKLEY REGIONAL AIRPORT, IN THE AMOUNT OF $140,996.50, TO BE USED AS LOCAL MATCHING FUNDS FOR THE FEDERAL AVIATION ADMINISTRATION GRANT FUNDING FOR THE ENGINEERING AND ARCHITECTURAL DESIGN FOR A NEW AIRPORT TERMINAL BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City Manager is hereby authorized to make a cash contribution to Barkley Regional Airport to be solely applied as a qualified local match for the Federal Aviation Administration Grant in the amount of $140,996.50 payable in one lump sum installment, upon receipt of documented evidence that the Federal Aviation Administration Grant was successfully issued to Barkley Regional Airport for the airport terminal civil engineering and architectural design. SECTION 2. This expenditure shall be charged to the Administrative Contingency Account No. 10000106 524500. SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. ______________________________ Brandi Harless, Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, January 28, 2020 Recorded by Lindsay Parish, City Clerk, January 28, 2020 \mo\Matching Funds for Barkley Regional Airport Terminal 2020 Agenda Action Form Paducah City Commission Meeting Date: January 28, 2020 Short Title: City of Paducah Special Event Cost Recovery Program - M THOMPSON Category: Municipal Order Staff Work By: Mark Thompson Presentation By: Mark Thompson Background Information: Over the years the City of Paducah has encouraged and supported all special events, runs, parades, street closures, and other events that fall under the General Assemblies and Parade permit process in the Code of Ordinances (Section 98 Article VI & VII). As budgets grow tighter, material and staffing resources are at very tight margins. Beginning in the summer of 2018, City staff took on the challenge to find solutions, forming subcommittees working as a part of the extended budget process. The goal of these subcommittees: 1) Find opportunities for cost savings; 2) Better utilize resources in providing the best services within our budget; 3) Create a sustainable framework for supporting community events in the future. With this in mind the Cost Recovery Program developed. 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: General Fund Account Number: Revenue Reimbursement Staff Recommendation: Approval Attachments: 1.Ordinance 2.Cost recovery recc final 12102019 ORDINANCE NO. 2020-___________________ AN ORDINANCE AMENDING CHAPTER 98, ARTICLES VI AND VII OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH WHEREAS, the City of Paducah has historically supported special events, general assemblies and parades in the form of free and/or reduced cost for materials and services; WHEREAS, in an effort to address rising costs in relation to those services, the City finds it necessary to charge a permit fee for parades and general assemblies as a means to recover staffing costs in relation to the application process; WHEREAS, in an effort to encourage use of local businesses, recover costs in relation to services and materials provided by the City, and reduce duplication of services that can be provided by local businesses and/or duplication of materials that can be purchased from local businesses, the City finds it necessary to charge a fee for services and materials at 125% of the average of local business pricing for same; WHEREAS, in an effort to recover costs related to those materials and services which are not offered by local businesses, the City finds it necessary to charge for services performed and materials provided at a set percentage of the total cost to the City for said services and materials; WHEREAS, it is necessary to amend Chapter 98 of the Paducah Code of Ordinances to reflect these changes. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, hereby amends Chapter 98, Article VI of the Paducah Code of Ordinances as follows: Sec. 98-141. – Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context dlearly indicates a different meaning. City Manager means the City Manager or his/her designee. Parade means any march or procession in ordered and close file wherein a collective body of persons are proceeding on foot or by conveyance of any form whatsoever in or upon and along any street, throroughfare, or sidewalk in the City. […] Sec. 98-152. – Application. (a) A person seeking issuance of a parade permit shall file an application with the City Manager on forms provided by the City Manager, along with a permit fee of $100 to recover the City’s staffing costs associated with the application process. An application for a parade permit shall be filed with the City Manager not less than fourteen (14) days before the date on which it is proposed to conduct the parade. […] SECTION 2. A New Division and Section. A new division and section shall be created in Chapter 98, Article VI, of the Paducah Code of Ordinances as follows: DIVISION 3. – COSTS RECOVERED. Sec. 98-161. – Cost of Services and Materials. (a) Services and Materials Available from Businesses. Parade permittees are required to obtain all setup, operation, and breakdown materials and services from private businesses unless the parade permittee submits written statement(s) from all available local business(es) located in the City of Paducah which provide the applicable materials and services stating that the local business(es) cannot meet the demand. If sufficient documentation is provided, the City may offer to provide materials at its disposal and services offered by the City in the normal course of business, both at a rate of 125% of the average local business pricing. (b) Services and Materials Not Available from Businesses. In the event that no business in the City of Paducah offers services and/or materials required for all setup, operation, and breakdown of the event, the City may provide materials at its disposal, as well as services offered by the City in the normal course of business, at a rate of 15% of cost to the City for said services and materials. (c) Exceptions. The following services and/or materials shall be provided at a set fee: a. Police off duty overtime security detail; b. City single-source services such as trash pickup and restroom units; c. Utility fees; and d. Facility rentals. SECTION 3. A New Division and Section. A new division and section shall be created in Chapter 98, Article VI, of the Paducah Code of Ordinances as follows: DIVISION 4. – INAPPLICABILITY. Sec. 98-162. – Inapplicability to City-Sponsored and Co-Sponsored Events. Nothing contained in this Article shall be construed to be applicable to City- sponsored and/or City co-sponsored events. SECTION 4. That the City of Paducah, Kentucky, hereby amends Chapter 98, Article VII of the Paducah Code of Ordinances as follows: Sec. 98-181. – Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City Manager means the City Manager or his/her designee. General assembly means any meeting, demonstration, picket line, rally, or gathering of more than twenty-five (25) persons for a common purpose as a result of prior planning that interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic or occupies any public area in the place open to the general public to the hindrance of others. The term “general assembly” shall include, but not be limited to, festivals, organized celebrations, and other events. Sec. 98-182. – Applicability. This article shall not apply to: (1) City-sponsored or Co-sponsored events; Private or personal events such as family reunions and church activities and other gatherings not typically open to the public which occur in public parks; and (2) Events and activities conducted at Paducah’s Civic Center or Convention Center gatherings at reserved buildings and shelters located on City-owned public parks. […] Sec. 98-186. – Application for permit. A person seeking a general assembly permit shall file an application with the City Manager, along with a permit fee of $100 to recover the City’s staffing costs associated with the application process, at least thirty (30) days prior to the date of such an event. The application for the general assembly permit shall set forth the following information: (1) The name, address and telephone number of the person seeking permission to conduct a general assembly. (2) If the general assembly is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the organization's authorized representatives and responsible heads of such organizations. (3) The name, address and telephone number of the person who will be the event coordinator who will be responsible for its management. (4) The date when the general assembly is to take place. (5) The area where the general assembly is to take place. (6) The hours when the general assembly will start and terminate. (7) Whether the applicant or sponsoring organization of the proposed general assembly proposes to select and authorize participants as provided in division 3 of this article. (8) Such other information as may be required by the City Manager. […] DIVISION 4. – COSTS RECOVERED. Sec. 98-199. – Cost of Services and Materials. (a) Services and Materials Available from Businesses. General assembly permittees are required to obtain all setup, operation, and breakdown materials and services from private businesses unless the general assembly permittee submits written statement(s) from all available local business(es) located in the City of Paducah which provide the applicable materials and services stating that the local business(es) cannot meet the demand. If sufficient documentation is provided, the City may offer to provide materials at its disposal and services offered by the City in the normal course of business, both at a rate of 125% of the average local business pricing. (b) Services and Materials Not Available from Local Businesses. In the event that no business located in the City of Paducah offers services and/or materials required for all setup, operation, and breakdown of the event, the City may provide materials at its disposal as well as services offered by the City in the normal course of business, at a rate of 15% of cost to the City for said services and materials. (c) Exceptions. The following services and/or materials shall be provided at a set fee: a. Police off duty overtime security detail; b. City single-source services such as trash pickup and restroom units; c. Utility fees; and d. Facility rentals. SECTION 5. A New Division and Section. A new division and section shall be created in Chapter 98, Article VII, of the Paducah Code of Ordinances as follows: DIVISION 5. – PENALTY. Sec. 98-200. – Violation; misdemeanor. Whoever violates any provisions of this Article section 98-185 shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $500.00, or imprisonment of not more than thirty (30) days, or both, for each offense. SECTION 6. This Ordinance shall be read on two separate days and become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTEST: City Clerk Introduced by the Board of Commissioners, , 2020 Adopted by the Board of Commissioners, , 2020 Recorded by the City Clerk, , 2020 Published by The Paducah Sun, , 2020 Ord\98-Article VI & VII Parades & General Assemblies Ordinance created by S. Blankenship – KKHB 236273 [Type here] [Type here] Over the years the City of Paducah has encouraged and supported all special events, runs, parades, street closures, and other events that fall under the General Assemblies and Parade permit process in the Code of Ordinances (Section 98 Article VI & VII). As budgets grow tighter, material and staffing resources are at very tight margins. Beginning in the summer of 2018, City staff took on the challenge to find solutions, forming subcommittees working as a part of the extended budget process. The goal of these subcommittees: 1) Find opportunities for cost savings; 2) Better utilize resources in providing the best services within our budget; 3) Create a sustainable framework for supporting community events in the future. The first two goals were considered and accepted in the City of Paducah FY2020 budget with several strategies implemented in each department. This current recommendation addresses the third target: creation of a sustainable framework for supporting future community events. 1.Create a $100 fee for the General Assemblies permit process for the special event. This action was approved in the City of Paducah FY2020 budget. 2.Reduce the duplication of services provided by both the City and local businesses. If services are provided by a local business, City staff are instructed not to provide materials and services unless it is proven that local businesses cannot meet the demand. City services and material will be charged at 125% of business pricing. 3.Create a cost recovery program for City Services and materials. a.A graduated system of cost recovery will be implemented for services and materials throughout the set-up, operation, and breakdown of an event: i.Beginning January 2020 - 15% of City resources utilized; ii.Beginning January 2021 – 20% of City resources utilized; iii.Beginning January 2022 – 25% of City resources utilized. b.Exceptions to be charged at a set fee: i.Police off duty overtime security; ii.City single source services such as trash pick-up and restroom units; iii.Utility fees; iv.Facility rentals. c.Other exceptions: i.City sponsored or co-sponsored events; 1.July 4th Celebration 2.Christmas Parade 3.Veterans Day sponsored activities 4.Parks and Recreation Department programming 5.Main Street programming 6.Lowertown Arts and Music Festival ii.Other events as authorized by the City Manager. Agenda Action Form Paducah City Commission Meeting Date: January 28, 2020 Short Title: Closure of a Portion of Colonial Court Between 100, 104, 106 & 107 Colonial Court - R MURPHY Category: Ordinance Staff Work By: Rick Murphy, Josh Sommer, Melanie Townsend Presentation By: Rick Murphy Background Information: The following property owner has submitted an executed application requesting that a portion of Colonial Court between 100, 104, 106 & 107 Colonial Court be closed: Colgan Properties, LLC On December 16, 2019, the Planning Commission held a Public Hearing and made a positive recommendation to the City Commission for this closure. All of the utility companies have agreed to this closure with a 20 foot wide public utility easement as shown on the plat be required. 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: To adopt an ordinance authorizing the closing of a portion of Colonial Court between 100, 104, 106 & 107 Colonial Court and authorizing the Mayor to execute the closure plat and all necessary documents to complete the transfer of property to the adjacent property owner. Attachments: 1.Ordinance 2.Colonial Court ROW closure_Application signed 3.Colonial Court ROW Closure_PC Resolution 4.Colonial Court ROW closure_Plat ORDINANCE NO. 2020-_____-_______ AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF COLONIAL COURT BETWEEN 100, 104, 106 & 107 COLONIAL COURT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of a portion of Colonial Court between 100, 104, 106 & 107 Colonial Court as follows: LEGAL DESCRIPTION Lying at the end of Colonial Court per Final Subdivision Plat of Colgan Properties, LLC recorded in Plat Section “M”, page 1302 and being part of the Colgan Properties, LLC property recorded in Deed Book 1365, page 339 and Deed Book 1094, Page 74, McCracken County Court Clerk’s office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing 6” diameter concrete monument with cap 3732 in the Northerly right-of-way line of Colonial Court as dedicated per Final Subdivision Plat recorded in Plat Section “M”, page 1302, said point having Kentucky State Plane South Zone-1602, Nad 83 coordinates of Northing: 1916321.87 and Easting: 789532.82 and being 216.60 feet as measured Eastwardly along said Northerly right-of-way line from its intersection with the Southeasterly right-of-way line of Pecan Drive; THENCE FROM SAID POINT OF BEGINNING along and with the existing right-of-way line of Colonial Court for the following 8 calls: Northeastwardly with a curve to the left having a radius of 125.00 feet (a chord being N 33°21’36” E 41.81 feet) a distance of 42.01 feet to an existing 6” diameter concrete monument with cap no. 3732 at the end of said curve; N 23°43’57” E and passing an existing ½” rebar with cap no. 3732 at 6.84 feet at the Southwesterly corner of Lot 5 per Plat Section “M”, page 1302 for a total distance of 56.77 feet to an existing 6” diameter concrete monument at the beginning of a curve to the left having a radius of 30.00 feet; Northwardly with said curve to the left (a chord being N 0°26’56” E 23.72 feet) a distance of 24.38 feet to an existing 6” diameter concrete monument with cap 3732 at the end of said curve and beginning of a curve to the right having a radius of 50.00 feet; Northeastwardly with said curve to the right (a chord being N 32°56’56” E 82.69 feet) a distance of 97.36 feet to an existing ½” rebar with cap no. 3732 at a lot corner between Lots 5 and 6 per aforesaid Final Subdivision Plat recorded in Plat Section “M”, page 1302; Southeastwardly and continuing with said curve to the right having a radius of 50.00 feet ( a chord being S 66°16’03” E 42.26 feet) a distance of 43.63 feet to an existing ½” rebar with cap no. 3732 at a corner between Lots 6 and 3 per said Plat Section “M”, page 1302; Southwestwardly and continuing with said curve to the right having a radius of 50 feet (a chord being S 14°30’59” W 82.69 feet) a distance of 97.36 feet to an existing 6” diameter concrete monument with cap no. 3732 at the end of said curve and beginning of a curve to the left having a radius of 30.00 feet; Southwestwardly with said curve to the left (a chord being S 47°00’59” W 23.72 feet) a distance of 24.38 feet to an existing 6” diameter concrete monument with cap no. 3732 at the end of said curve; and S 23°43’57” W 19.39 feet to a 6” diameter concrete monument set in the new right-of-way line of Colonial Court to be created; thence Westwardly with said New right-of-way line of Colonial Drive to be created for the following 2 calls: Westwardly with a curve to the left having a radius of 50 feet (a chord being S 74°46’40” W 50.85 feet to a 6” diameter concrete monument with cap no. 3732 set at the end of said curve; and S 44°14’44” W 49.79 feet to the Point of Beginning and containing 10,294.47 square feet or 0.236 Acres as shown on “Right-of-way Closure Plat for Colgan Properties LLC” prepared by Siteworx Survey and Design LLC. SECTION 2. In support of its decision to close the aforesaid public way, the Board of Commissioners hereby makes the following findings of fact: a. Colgan Properties, LLC, owns the properties abutting the public way which the Board of Commissioners has authorized to be closed as is evidenced by the application for street and/or alley closing which is attached hereto and made part hereof (Exhibit A). b. On the 16th day of December, 2019, the Paducah Planning Commission of the City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of the City of Paducah closure of the aforesaid public way. c. Written notice of the proposed closing was given to all property owners in or abutting the public way or the portion thereof being closed as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof (Exhibit A). d. All property owners in or abutting the public way or the portion thereof being closed have given their written notarized consent to the closing as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof (Exhibit A). SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as described above, should be closed in accordance with the provisions of KRS 82.405. SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute a quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way to be closed with each to acquire title to that portion of the public way contiguous to the property now owned by said property owners up to center line of the said public way. Provided, however, that the City shall reserve such easements upon the above described real property as it deems necessary. Said deed shall provide the reservation by the City of Paducah any easements affecting the herein described real property as described in Section 1 above. SECTION 5. 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, January 14, 2020 Adopted by the Board of Commissioners, ________________________ Recorded by Lindsay Parish, City Clerk, __________________________ Published by The Paducah Sun, _____________________ \ord\eng\st close\Colonial Court 100, 104, 106, 107 CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky, and that the foregoing is a full, true and correct copy of Ordinance No. _______________ adopted by the Board of Commissioners of the City of Paducah at a meeting held on _______________. ____________________________________ City Clerk Exhibit A City of Paducah, Kentucky Public Right-of-Way Closure Application Agenda Action Form Paducah City Commission Meeting Date: January 28, 2020 Short Title: Execute an Agreement with Plante Moran not to Exceed $90,000 for Technical Assistance with Energov Codes & Permitting Software Implementation - M SMOLEN Category: Ordinance Staff Work By: Michelle Smolen Presentation By: Michelle Smolen, Stephen Chino Background Information: The City recently executed an agreement with Tyler Technologies to implement the Energov codes and permitting software. Staff is requesting technical assistance from Plante Moran for up to 60 hours of project planning, 30 hours/month of support during the project and 40 hours of post-live evaluation/support. Plante Moran has dedicated teams that specialize in the Energov product. This is a one- time cost that will assist the City with efficiently delivering an effective codes and permitting software solution. The technical services Plante Moran are providing is similar to the assistance Federal Engineering provided with the CAD 911 implementation. Half of the cost will be absorbed into the ERP project budget for the remainder of FY19. The remaining costs will be allocated in the FY20 budget. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): O-2:Create and sustain a customer centric culture aligned with our organizational values Funds Available:Account Name: ERP Software Project Account Number: EQ0022 Staff Recommendation: Execute an Agreement with Plante Moran not to Exceed $90,000 for Technical Assistance with Energov Codes & Permitting Software Implementation. Attachments: 1.Ordinance 2.Plante Moran - EnerGov Project Management Services 01 08 2020 3.CM non-competitive procurement memo 543 ORDINANCE NO. 2020-____-_________ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PLANTE MORAN NOT TO EXCEED $90,000 FOR TECHNICAL ASSISTANCE WITH ENERGOV CODES & PERMITTING SOFTWARE IMPLEMENTATION WHEREAS, staff is requesting technical assistance from Plante Moran for up to 60 hours of project planning, 30 hours/month of support during the project and 40 hours of post-live evaluation/support for the EnerGov product; and WHEREAS, this is a one-time cost that will assist the City with efficiently delivering an effective codes and permitting software solution; and WHEREAS, Plante Moran has submitted a proposal to provide project management services for the implementation of the City of Paducah’s EnerGov permitting, inspection, and licensing system; and WHEREAS, a written determination has been made by the City Manager that this constitutes a professional services purchase and will be a noncompetitive negotiation purchase, pursuant to KRS 45A.380(3). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission does hereby accept the terms contained in the proposal to provide project management services for the implementation of the City of Paducah’s EnerGov permitting, inspection, and licensing system, and approve the execution of an agreement in an amount not to exceed $90,000. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute the Professional Services Agreement – Consulting Services Addendum to Plante & Moran, PLLC Engagement Agreement on behalf of the City. SECTION 3. This expenditure shall be charged to the ERP Software Project No. EQ0022. SECTION 4. 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, January 14, 2020 Adopted by the Board of Commissioners, ________________________ Recorded by Lindsay Parish, City Clerk, _________________________ Published by The Paducah Sun, ________________________________ \ord\contract-Plante Moran 2020 Make the mark. City of Paducah,KY |January 8,2020 Project Management Services for Tyler EnerGov® Implementation Support January 8, 2020 Mrs. Michelle Smolen, Assistant City Manager 300 South 5th Street P.O. Box 2267 Paducah, KY 42002-2267 RE: EnerGov Project Management Services Plante Moran, PLLC (Plante Moran) is pleased to offer this proposal to provide project management services for the implementation of the City of Paducah’s EnerGov permitting, inspection, and licensing system. We appreciate the City’s commitment to providing exceptional customer service by investing in a modern land management solution to improve customer service, streamline the permitting processes, and promote greater development review staff coordination. Plante Moran’s staff offer experience working in public service combined with technical knowledge to promote the City’s readiness and deployment of its replacement land management system. Our project team brings practice knowledge through firsthand experience as public sector practitioners and working with local governments. We are pleased to feature recent experiences working with communities to evaluate and implement EnerGov including Peoria IL, Wauwautosa WI, Pinellas Park FL, North Miami Beach FL and West Palm Beach FL. As project management advisors, a successful implementation of EnerGov will reinforce the City’s focus on evaluating business practices to provide quality, value, and transparency to the public. We are committed to sustaining and elevating the City’s brand as a destination for economic development. We are pleased to offer these key differentiators: Industry Commitment. With 65 years of service in the public sector, Plante Moran is committed to serving governmental organizations through the active involvement of more than 200 professional staff serving more than 1,200 public sector clients. Community Development Process Evaluation: We have significant experience in conducting process analysis, redesign and technology needs assessments within a practice dedicated to advancing local government initiatives. Dynamic Community References: We are pleased to share that we have been involved with important projects at leading communities experiencing rapid growth with a focus on process evaluation specific to community development operations and we will bring our insights to bear with your team. These include Sunnyvale, CA, Des Moines, IA, Collier County, FL, City of Bend, OR, and West Palm Beach, FL. Contributions to Public Sector Associations: Our project professionals who are members of national and local organizations dedicated to improving the operations of local government including ICC, GFOA, PTI, ICMA, and GMIS. We apply our exposure to best practices to benefit the City. Credentialed and Proven Team: Our proposed project professionals received training in a number of disciplines that will add value to the City, including Lean Six Sigma, Project Management Professional, and Prosci® Change Management. Additionally, our proposed staff have first-hand experience leveraging enterprise Geographic Information Systems (GIS) for spatial analysis. Experienced, Unbiased, Independent Advisors: We bring a solution agnostic approach with complete independence from all software vendors with the benefit of research within the Community Development software vendor marketplace. And we have relevant insights to bring to bear to the City, having worked with multiple clients implementing offerings by Accela (Automation), Tyler (EnerGov), Harris (CityView), CSDC (Amanda), Infor (CDR), Cityworks (PLL), and others. Unparalleled Government Experience: Our proposed project team has experience working within a municipal government as practitioners in areas within the scope of this project. This includes working as community planners, planning commissioners, city council, and zoning code enforcement. We are intimately familiar with all of the development review functions that will be evaluated and will bring this expertise to the City. Our proposed team blends the technology and municipal operations knowledge with seasoned, management consultants to work on this important initiative. We believe that this range of qualifications will offer significant value to the City to promote the successful deployment of EnerGov. If you have any questions concerning this proposal, please contact me at 248-223-3447 or Scott.Eiler@plantemoran.com Very truly yours, PLANTE & MORAN, PLLC Scott Eiler, Partner Project Management Implementation Services –Plante Moran 4 | P a g e Experience Public Service Delivery Technology &Operations Consulting Plante Moran’s Public Service Delivery Practice enable communities to assess, optimize, and elevate their constituent facing, service delivery systems and processes including: service request/work order, enterprise asset management, community development planning, construction inspection, licensing, public safety, and code enforcement processes. We appreciate the challenges and responsibilities our clients face within dynamic communities to provide responsive, accurate, and complete information to investors, businesses, and citizens. Our practice staff have experience serving on planning commissions, working with communities as planning/zoning consultants, working as GIS professionals integrating analyses/data, and working with Land Management Systems (LMS), Enterprise Asset Management, Utility Billing Systems, Enterprise Resource Planning Systems, and many integrated software solutions. Our approach to the advancing processes and systems enables our clients to elevate their levels of service, achieve internal efficiencies, and harness the full potential of modern technology solutions. Relevant Client Experiences Plante Moran offers a summary of a summary of engagements performed for our clients over the past three years including Land Development Services (including construction permitting, inspections, zoning, code enforcement, CDBG housing programs, plan review, appeals). The projects involve business process assessments and/or technology related selections where processes are reviewed in conjunction with the development of functional and technical requirements for replacement permitting, inspection, and licensing systems. Client Name Project Title Project Date Collier County, FL Mapping & Documentation of Core Business Processes – Growth Management Department: Development Services Division April 2018 – Jan 2019 City of West Palm Beach, FL Development Services Assessment and Implementation Strategy Sept. 2017 - Present City of Bend, OR Community Development Business Process Review Services April 2016 - Present City of Georgetown, TX Land Management System Selection (Component of ERP Scope) Nov 2016 - Present City of Des Moines, IA Permitting, Inspection and Licensing System Needs Assessment / Selection Sept 2016 – May 2018 Village of Wellington, FL Permitting, Inspection, and Licensing System Implementation Sept 2016 – May 2019 City of Fernandina Beach, FL Permitting, Inspection, and Licensing System Implementation July 2016 – Jan 2019 Project Management Implementation Services –Plante Moran 5 | P a g e Client Name Project Title Project Date City of Norman, OK Land Management System Selection (Component of ERP System Scope) May 2016 – June 2017 City of St. Charles, IL Community Development Needs Assessment and Requirements Development Feb 2016 – Aug 2016 City of Hollywood, FL Land Management System – Assessment and Selection (Component of ERP Scope) May 2015 – May 2016 City of Coral Springs, FL Land Management System – Options Analysis (Component of ERP Scope) May 2015 – Aug 2015 County of Livingston, MI Permitting System Evaluation and Selection Feb 2015 – Apr 2016 City of Appleton, WI Land Management System Selection (Component of ERP System Scope) Feb 2015 – May 2016 City of Winter Park, FL Land Management System Selection (Component of ERP System Scope) Feb 2015 – July 2016 City of Roswell, GA Post ERP Implementation Review (Including Land Management Systems) Oct 2014 – Aug 2016 City of Paducah, KY Land Management System Selection (Component of ERP System Scope) Sep 2014 – June 2016 Village of Park Forest, IL Land Management System Assessment (Component of ERP System Scope) June 2014 – June 2015 City of Bend, OR Land Management System Selection and Implementation Management Assistance (Component of ERP Scope) Aug 2013 – Present City of Pinellas Park, FL Land Management System Selection and Implementation Management Assistance (Component of ERP Scope) May 2013 – June 2019 Village of Woodridge, IL Land Management System Selection (Component of ERP System Scope) May 2013 – Jan 2015 City of Pueblo, CO ERP Due Diligence and Implementation Management Assistance Mar 2013 – June 2018 Village of Northbrook, IL Land Management System Selection (Component of ERP System Scope) Mar 2013 – Jan 2015 City of Columbia, MO Land Management System Selection and Implementation (Component of ERP System Scope) May 2012 – Aug 2016 City of North Miami Beach, FL Land Management Needs Assessment, System Selection, Contract Negotiations and Implementation Support Apr 2011 – Nov 2019 Project Management Implementation Services –Plante Moran 6 | P a g e References City of West Palm Beach,FL 401 Clematis Street West Palm Beach, FL 33401 Population: 110,000 Mr. Rick Green Development Services Director 561-822-1455 rgreene@wpb.org Development Services Assessment and Implementation Strategy The City competitively selected Plante Moran to conduct an independent evaluation and documentation of all Development Services business processes to ensure that the City is following best practices and effective organizational management. This included conducting business process mapping and findings from onsite interviews, background research, and process discovery sessions with over 120 staff in twelve (12) different departmental service areas comprised of department heads, subject matter experts, end users, and executive project committee members. Subsequent to the process mapping work, we then assisted the City in the procurement of a new Community Development Solution. Activities included RFP development, proposal analysis, vendor due diligence and negotiation of a contract with the selected vendor, EnerGov. We are now in the early stages of providing Implementation Management Assistance to the City associated with the deployment of the EnerGov solution. Project Timeline: September 2017 – Present Collier County,FL Mr. Lazaro Pomier, Sr. Operations Analyst Growth Management Department, Development Services Team 2800 N. Horseshoe Drive Naples, FL 34104 239-252-8214 Lazaro.Pomier@colliercountyfl.go v Mapping and Documentation of Core Business Processes n response to increasing population growth and services demand following the impact of Hurricane Irma, the County selected Plante Moran through a competitive RFP process to document its current and future state business processes within the County’s Development Services Team. The project involved customer service, planning, building, code enforcement, and operations administration areas. Services included training on Lean Six Sigma principles contributing to an Agency-wide, performance management framework including process mapping, the development of performance metrics and continuous improvement strategies, specifically the proposal of change management framework for identifying, evaluating and implementing process. It also included a position turnover analysis involving 350 employees assessing the impacts at the process level involving over 800 activities performed to administer enforcement and compliance in accordance with County, State, and Federal land development laws. Project Timeline: Apr 2018 – January 2019 Project Management Implementation Services –Plante Moran 7 | P a g e City of Bend,OR Ms. Denise Wallace IT Business Analyst 710 NW Wall Street Bend, OR 97701 dwallace@bendoregon.gov 541.388.5583 www.bendoregon.gov Community Development (Land Management)System Vendor Selection and Implementation Management Assistance Plante Moran conducted a comprehensive Enterprise Resource Planning (ERP) needs assessment and selection project for the City to replace legacy applications within multiple lines of business, including core financials, procurement, budgeting, HR, land management, inspections, permitting. This project included conducting interviews with process owners and end-users, development of an RFP, proposal analysis, and due diligence assistance. It also included an integrated information process assessment (IIPA) to inform the selection and implementation of LMS and ERP systems. The City also engaged Plante Moran to conduct a business process review of the Fire Department’s timekeeping functions, and provide recommendations to streamline the workflow and implement best practices and appropriate control points to better ensure accuracy and accountability. Project Assessment and Selection Timeline: August 2013 – December 2016 Project Implementation Support: September 2017 – March 2018 City of North Miami Beach, FL Mr. Gil Sosa Senior IT Manager Information Technologies Division 17011 NE 19th Avenue, Suite 304 North Miami Beach, FL 33162 305.948.2975 ext. 2824 Gil.Sosa@citynmb.com ERP Needs Assessment,System Selection and Implementation Management Assistance Conducted a comprehensive Enterprise Resource Planning (ERP) needs assessment and selection project for the City to replace legacy applications within multiple lines of business within the City. The project included conducting of interviews with process owners and process end-users, development of a Needs Assessment report identifying process improvement opportunities, development of an ERP RFP, proposal analysis, due diligence assistance and contract negotiations and statement of work development with the selected ERP vendor, Munis and EnerGov. Project Timeline: April 2011 – Current Town of Jupiter,FL Mr. Andrew Burgess Director of Information Systems 210 Military Trail Jupiter, FL 33458 561.741.2385 drewb@jupiter.fl.us EnerGov Post Implementation Remediation Assistance Assisted the Town in analyzing the Town’s current situation with the EnerGov LMS implementation, created an action plan with recommendations on how to successfully implement the EnerGov solution to utilize the system as it was designed and assisted the Town in establishing processes that are more efficient. As a result of the action plan, we conducted follow-up reviews with the Town and vendor related to execution of the plan. Project Timeline: May 2016 – Sept 2017 Project Management Implementation Services –Plante Moran 8 | P a g e Proposed Staffing Team Member Project Role Relevant Expertise Scott Eiler Partner Engagement Director Scott will have overall responsibility for ensuring that all Plante Moran services are completed within schedule and budget. Provides project quality control over Plante Moran deliverables and services. 30 years’ experience assisting clients with technology related needs and twenty-two years specifically devoted to serving public sector clients. He has extensive experience providing technology services for including technology planning, system selection, technology assessments, IT organizational evaluations, and quality assurance and implementation management. Christopher Blough, PMP Manager Project Manager Responsible for the day-to-day performance of the team, and strategic direction of deliverables. Assure that all tasks are completed on schedule, within budget and meet appropriate quality standards. 19 years’ experience in land management, permitting, licensing, and asset management processes and integrations involving enterprise technologies with Geographic Information Systems (GIS). He is a credentialed project management professional (PMP) and has applied background in Lean Six Sigma, community planning, and zoning enforcement. Alex Jones Senior Consultant Permitting, Licensing, and Land Management Consultant Implementation Management Advisor Will lead requirement gathering sessions for all modules and recommend updates to EnerGov workflow He will also facilitate meetings (onsite & remote) with the City and Tyler to document minutes, action items and ensure objectives are being met. Finally, he will provide project management services by tracking issues, communicating risks and mitigation strategies, and managing testing and post upgrade activities. Five years’ technology consulting experience specializing in process optimization, system selection and implementation management for Permitting & Land management systems. Facilitates process optimization activities resulting in requirements definition. Alex also provides implementation advisory services including data cleansing strategies, test script development, and end-user acceptance testing. Currently supporting the implementation of the new permitting and land management systems for North Miami Beach, FL (Tyler EnerGov). City of Bend, OR (Harris CityView), and the City of Peoria, IL, (Tyler EnerGov) Proposal to Provide Development Review Consulting Services –PLANTE MORAN 9 | P a g e Detailed Staff Resumes Education Master of Business Administration University of Michigan Bachelor of Science in General Engineering University of Illinois Professional Training & Affiliations Government Finance Officers Association (GFOA) Florida Government Finance Officers Association (FGFOA) Project Management Institute (PMI) Project Management Professional (PMP) since 2003 ITIL V3 Foundation Certified Prosci Change Management Certified Scott Eiler,PMP Project Director: EnerGov Implementation Advisory Services Summary of Experience Scott has over thirty years’ experience assisting clients with various technology related needs and twenty five years specifically devoted to serving governmental clients at the local, County and State level. He has extensive experience in providing numerous technology services for governmental clients including technology planning, technology assessments, software selections and implementation management assistance. He is also a champion within the firm on the development and education of staff on project management theory, tools and techniques. Project Roles Scott will serve as the Engagement Director on the project ensuring the overall quality and completeness of activities to be performed and deliverables to be provided on the project. Selected Key Clients Broward County, FL Collier County, FL Dane County, WI Miami-Dade County, FL DuPage County, IL Gwinnett County, GA Hancock County, OH Horry County, SC Johnson County, KS Kent County, MI Lake County, IL Oakland County, MI St. Louis County, MO Waukesha County, WI Solid Waste Authority of Palm Beach County (SWA), FL City of Cleveland, OH City of Battle Creek, MI City of Hollywood, FL Village of Wellington, FL City of West Palm Beach, FL City of Dublin, OH City of Kalamazoo, MI City of Ft. Lauderdale, FL City of Carrollton, TX City of Hallandale Beach, FL City of Mesa, AZ City of North Miami Beach, FL City of Ann Arbor, MI City of Miramar, FL City of Columbia, MO Town of Jupiter, FL City of Midland, MI City of Owensboro, KY City of Chandler, AZ City of Winter Park, FL City of Pueblo, CO City of Pinellas Park, FL Central Ohio Transit Authority, OH Emerald Coast Utilities Authority (ECUA), FL Proposal to Provide Development Review Consulting Services –PLANTE MORAN 10 | P a g e Education Master of Public Administration, Eastern Michigan University Bachelor of Science in Geography/ Earth Science, Central Michigan University Selected Publications The GIS Guide for Elected Officials, City of Novi, MI – Moving Novi’s Online Mapping Services to the Cloud, Esri Press, 2014 Professional Training & Affiliations Project Management Professional (PMP), Project Management Institute (Certificate #1373368) Lean Six Sigma Green Belt, Purdue University IT Service Management, ITIL v3 Foundation, APM Group Ltd. (2012) Institute of Asset Management Certificate #1029965 Building Officials Association of Florida Project Management Institute, Great Lakes Chapter Esri International User Conference 2006, 08, 10, 12*, 15, 19 (*Special Achievement in GIS Award on behalf of Novi, Michigan) Society for Maintenance and Reliability Professionals Christopher Blough,MPA,PMP Project Manager: EnerGov Implementation Advisory Services Summary of Experience Chris leads Plante Moran’s Public Services Practice with 19 years of technology applications management specializing in county, municipal, and special purpose government operations. As credentialed project manager and an ITIL certified applications manager, he leads enterprise service delivery projects involving ERP systems for regulatory compliance (licensing, permitting, land management), core financials, human resources, purchasing, inventory management, capital budgeting, geographic information systems (GIS), and enterprise asset and work management (EAM/CMMS). Manages project teams to assess business opportunities, compare solution options, evaluate and select solutions, negotiate contracts, and deliver implementation advisory services to ensure realization of expected outcomes. Credentialed IT Project Manager: By working in 35+ local government organizations in his career, Chris offers proven methods and firsthand experience enabling public sector professionals to increase the business value derived from enterprise systems and applications. He leads project teams to assess business opportunities, prepare options analyses, evaluate and select solutions, negotiate technology contracts, and provide third- party implementation advisory services. Public Sector IT Leadership: As a former public servant working in county and municipal government technology leadership roles, he recognizes opportunities for collaboration and joint investment in technology initiatives applying return-on-investment strategies. His clients recognize his ability to lead multi-disciplinary teams to build compelling business cases linked to outcomes to establish ownership and accountability. LEAN Six Sigma (LSS) Process Optimization: Chris integrates LSS practices with clients to optimize business processes by increasing customer value recognition throughout the IT service delivery lifecycle for both internal and external stakeholders. He equips clients to qualify and prioritize IT projects and services using data-driven and analytics insights. IT Program Governance and Project Governance: Chris coaches and trains clients to prepare IT governance strategies to deliver short and long-term organizational commitments to ensure people, process, and technology sustain their expected value. Recent and Relevant Project Experiences City of West Palm Beach, FL, Permitting System Replacement (In Progress): Lead consultant for one of Florida’s fastest growing communities facing an 11% annual increase in permitting activity and a $2 billion backlog in proposed and scheduled projects in 2017. The project involved discovery and process definition for 12 departments and 30 business units involving over 120 staff. It also examined ways to streamline business tax receipts processes to ensure the fair and equitable collection of $3.6 million in annual revenues. The project scope involved process diagramming for 27 major processes involving 750 activities. Through this process discovery, the City is using 80 use cases specific to core business requirements to software demos representing the needs of Planning, Building Proposal to Provide Development Review Consulting Services –PLANTE MORAN 11 | P a g e Selected Clients City of Des Moines IA: Project Manager, CD System Assessment and Selection City of Hollywood, FL: Lead Consultant, CD Permitting Business Needs Evaluation City of St. Charles, IL: Project Manager, CD Needs Assessment and Requirements Definition City of Sunnyvale CA: Project Manager, CD System Assessment and Selection City of West Palm Beach, FL: Project Manager, CD Assessment, Business Process Evaluation, Selection, and Implementation Management County of Collier FL: Project Manager, Business Process Mapping and Documentation Safety Code, Engineering, Utilities, Fire, Police, Public Works, Parks and Recreation, and Property Code Enforcement. County of Collier, FL, Mapping and Documentation of Core Business Processes: Project manager for a continuous improvement initiative launched in response to significant population growth and services demand following Hurricane Irma addressing customer service, planning, building, code enforcement, and operations administration areas of the County’s Growth Management Department, Development Services Agency. The project involved the documentation of current-state and future-state business processes spanning all functions of the land development and code enforcement lifecycle. Services included training on LEAN and Six Sigma principles contributing to an Agency-wide, performance management framework including the creation of performance metrics and continuous improvement strategies. It also included a position turnover analysis involving 350 employees assessing the impacts at the process level involving over 800 activities performed to administer enforcement and compliance in accordance with County, State, and Federal land development laws. Strategies to promote the introduction and adoption of performance measures were featured along with stakeholder change management techniques to promote adoption of the processes identified. Des Moines, IA, Assessment & Business Systems Replacement (Completed May 2018): Project Manager overseeing the business needs to replace the City’s 20-year old Accela Tidemark information system serving 12 departments and 30 business units. Des Moines’ 7% is annual permitting activity growth coupled with being the nucleus of the fastest growing metro region in the Midwest in terms of population, GDP, and jobs in 2016. Over 70 Community Development staff engaged in the project were using 49 different business systems to serve the public. The project resulted in significant process streamlining with 28 systems identified for replacement. The City’s GIS integration was supported to provide a single point of entry for addresses within GIS which would automatically validate all addresses used in the replacement permitting solution. City of St. Charles, IL, Enterprise Application Assessment Project (Completed August 2016) | EAM/CD Assessment and Requirements Definition Project (Completed July 2017) Project manager and lead consultant for an enterprise applications assessment (EAA) of the City’s enterprise applications and related systems involving the City’s financial, human resources, utility billing, asset management, and permitting/inspection activities. The assessment included a current system total cost of ownership analysis, identification of alternatives for replacing systems, and the development of a financial analysis to produce a return on investment (ROI) calculation for three approaches to update the City’s existing applications environment. A second, separate project included an assessment and business requirements development for Community Development (permitting, licensing, and inspection) and Enterprise Asset Management (work order management) to strategically optimize and align the City’s technology, practices, and resources. Proposal to Provide Development Review Consulting Services –PLANTE MORAN 12 | P a g e Education Bachelor of Science in Applied Engineering Sciences Supply Chain Management Specialization Michigan State University Selected Key Clients Alex Jones Lead Consultant: EnerGov Implementation Management Services Summary of Experience Alex has 4 years of technology consulting experience. Prior to working for Plante Moran, Alex worked as a data conversion consultant servicing private sector clients in the manufacturing industry to be engaged before, during, and post go live to ensure data integrity as they converted data from their enterprise legacy systems to desired target ERP system(s). His experience involved client interviews to develop specs and requirements, process mapping, data cleansing, developing test scripts, overseeing end user acceptance testing, and post go live support. With Plante Moran, Alex has serviced a variety of municipal clients with process discovery and current state assessment, RFP development, solution evaluation and selection, and post implementation assessments with a primary focus on Land Management, ERP and Document Management Solutions. During these engagements, he plays a fundamental part in engaging with the client to understand current business needs, identifying process inefficiencies and functional gaps, collaborating with the client to develop comprehensive functional system requirements to be summarized in a request for proposal (RFP) document. Recent and Relevant Project Experiences City of North Miami Beach, FL – EnerGov Implementation (In Progress) The City of North Miami Beach is in the process of implementing EnerGov 2019 after the first attempt was put on hold in 2016. Alex serves as the primary third party consultant to ensure a successful implementation and desired functionality from the City is being met. Responsibilities include: Requirements gathering from all departments Facilitating weekly status meetings to ensure City & vendor are owning project activities Identifying functional gaps during configuration and testing and organizing meetings with EnerGov consultants & City end-users to confirm understanding of proposed functionality Develop testing resources including a testing plan, EnerGov testing log to efficiently manage testing process and escalate issues to EnerGov consultants Review budget reports, invoices and budgeted vs. actual hours to ensure proposed services are being delivered City of Bend, OR – LEAP IIPA Process Mapping (Spring 2018) In support of the Leading Effective Applications and Processes (LEAP), Alex was one of 2 project consultants servicing the City in their Integrated Inspections and Permitting Applications (IIPA) Business Process mapping initiative. Alex was primarily responsible for following Project Activities and tasks: Developing and maintaining project administration tools, including project charter, project plan, interview schedule and interview questionnaires Facilitating process discovery discussions, mapping out end-to-end fundamental business processes and identifying process inefficiencies Proposal to Provide Development Review Consulting Services –PLANTE MORAN 13 | P a g e Facilitating process validation sessions, working with the City to finalize current state process maps and confirm recognized process inefficiencies Engineering future state “To-Be” process maps based on the City’s current inefficiencies, desired functionality, and best practice considerations Develop and present best practice presentation summarizing similar municipalities utilizing best practice techniques and tools and how they can be applied to the City in a future environment Borough of State College, PA ERP Assessment Tyler Munis was selected and implemented by the Borough in 2014. 4 years later, the Borough found themselves with outstanding modules to be implemented, only a few members of the original project team, minimal documentation and no support from their Tyler account rep. Alex was part of a 2 person team to provide consulting services to assess their current state and provide a recommendation to utilize Tyler instead of procuring a new ERP. Key activities involved in this engagement were: Review contract to identify modules being paid for but not yet implemented or utilized by the Borough Facilitated onsite discussions to assess current state processes, process inefficiencies, desired training, outstanding help desk tickets, and desired functionality Develop report summarizing current state environment, a recommendation to utilize their current ERP, with a plan including specific milestones and activities to achieve our recommendation. Proposal to Provide Development Review Consulting Services –PLANTE MORAN 14 | P a g e Scope of Services Implementation Management Roles There are a variety of roles that we can fulfill on the City’s EnerGov implementation that is dependent on the following variables: Ability to enforce project management and control procedures Each of these options and the estimated time commitment is provided below and can be scaled based on the City’s needs. Pre- Implementation and Initial Project Planning Assistance Provide pre-implementation planning assistance and assistance prior to and during the early stages of system implementation to ensure that project management processes, procedures, tools and templates are implemented and will being used effectively. 60 - 80 hrs Overall Project Manager Act as the client project manager during the implementation. .40 - .60 FTE Co-Project Manager Together with the City’s Project Manager, track and confirm that action items and homework are completed on time. Approve all invoices while tracking and reporting the monthly project budget. Ensure that the project adheres to the timeline and avoid scope creep. Provide contract compliance support. 8-12 hours / week Plante Moran’s project management advisory services can be scaled and refined to support the City’s needs. We begin by reviewing the contract documents including the master licensing and services agreement and the investment summary to understand the scope objectives set forth. It is assumed the City will assume responsibility for all final decisions and will be supported by Plante Moran’s project management team. Scope of solution and services selected by City Availability of City staff and vendor staff Expiration date of current maintenance contracts City’s desired implementation approach (i.e., phased versus “big bang”) Complexity of implementation (e.g., high number of interfaces, extensive data conversion, etc.) Availability of budgeted funds to allocate necessary resources for each project phase Complexity of the implementation plans including budget, timing and dependencies for City Strength of the communications to review progress and discuss project issues Proposal to Provide Development Review Consulting Services –PLANTE MORAN 15 | P a g e Based on our discussions with the City we are proposing the following responsibilities for each of the three major project management phases of the project to provide the most value to the City. Activities Deliverables 3.1 Project initiation and implementation planning support services Project organizational chart Roles and responsibilities matrix Project charter Scope statement Stakeholder impact matrix Implementation lessons learned Client success characteristics Project issues, risks, and decisions tracking log Stakeholder communications plan Project management plan Review of vendor WBS Project schedule mgt plan Project timeline Project deliverables tracking Stakeholder roles and responsibilities matrix Budget monitoring tool Project change control procedures Pre Implementation and Initial Project Planning Phase Activities At the initiation of the project, activities will be performed to ensure a solid foundation for moving forward has been established. Specifically, the types of project initiation and phase transition activities to be performed are listed below. Assist in the development of an EnerGov Statement of Work (SOW) that defines the parameters around the EnerGov phase of the City’s Tyler implementation. Review and analyze the implementation plan submitted by Tyler’s EnerGov project team and present recommendations to the EnerGov project manager as to acceptability, timeline, staffing impact, budgetary and other considerations. Review and assess associated subsidiary plans (e.g. resource, communication, risk, data conversion, interface, etc.). Assist in the development of a project charter defining stakeholder roles and responsibilities, project scope, identify risks, and communications plan. Prepare stakeholder engagement strategy and communications plan. Assist in the development and deployment of project templates and tools. Establish collaboration centers to effectively track and store project documents and artifacts. Proposal to Provide Development Review Consulting Services –PLANTE MORAN 16 | P a g e On Going Implementation Assistance Activities At this stage, the EnerGov project migrates to an execution and controlling focus where the majority of activities and time will be spent managing the implementation of the new land management solution. Plante Moran would anticipate the following activities being performed by the City during the implementation phase of the project. Plante Moran would coordinate and provide advice regarding these typical implementation activities in conjunction with the EnerGov Project Manager. Our involvement would be to assist and coach the City’s Project Manager during this phase of the project and be on-site for times when the EnerGov resources are on-site. Activities Deliverables Project execution and control support services execution and control support services Defined hardware, applications, and database configuration environment reviews Project status reports Updates to communications, schedule, risks, decision logs/plans Training curriculum reviews Application and service tracking Client deployment process Meeting minutes Updates to process diagram and procedure updates EnerGov invoice reviews Data conversion maps and analytics strategies and go-live checklist Project Closing and Post Implementation Support After the EnerGov go-live, the project will transition to a project closing and transition to support task in which much of the time will be spent on resolving go-live issues and transitioning from an implementation to an on- going operational state of the system. The transition from the implementation phase to an operational state the system should be considered a process and not an event. The following activities are essential to complete the transition to system operational go-live. Provide assistance in tracking and resolving post go-live issues. Summarizing the accomplishments of the project, including lessons learned. Transferring documentation and knowledge. Identifying post-implementation team activities and develop a post-implementation plan. The table below outlines project closing and post-implementation support phase activities. The primary support role represents the party(s) accountable for performing the activity and delivering the expected results. The advisory support role represents the party(s) advising the designated, primary support party. Proposal to Provide Development Review Consulting Services –PLANTE MORAN 17 | P a g e Activities Deliverables Project closing and post implementation support Post-implementation plan Transition plan Post-implementation process and system audit Ongoing system support procedures Go-live cutover checklist Documentation of lessons learned and strategies for future knowledge transfer Project Fees and Timing Based on our discussions with the City, we are estimating our activities for each of the above project management phases and hours estimates to support the City in each of these phases to be as follows. These services are provided at a blended billing rate of $225/hr that is inclusive of all travel and incidental expenses. Phase Duration Hours Fees Pre-Implementation and Initial Project Planning Jan – Feb 2020 60 hrs $13,500 On-Going Implementation Assistance Mar – Dec 2020 30 hrs/mo = 300 hrs $67,500 Project Closing and Post-Implementation Support Jan – Feb 2021 40 hrs $ 9,000 Totals: 400 hrs $90,000 Based on the above hours and blending billing rate, we are projecting a total non-to-exceed fee of $90,000. At the start of the project we will prepare an hours tracking spreadsheet that will project our hours over the life of the project. On a monthly basis we will report out our actual hours incurred for the previous month and on a cumulative basis so as to provide visibility to the City as to how our hours are being consumed. We will bill the City monthly based on the hours incurred in the previous month. We will not exceed the above hours unless mutually agreed to and approved in advance by the City through a formal change order. Proposal to Provide Development Review Consulting Services –PLANTE MORAN 18 | P a g e Professional Services Agreement –Consulting Services Addendum to Plante &Moran,PLLC Engagement Agreement This Professional Services Agreement is part of the engagement agreement for our consulting services dated January 8, 2020 between Plante & Moran, PLLC (referred to herein as “PM”) and City of Paducah, KY (referred to herein as “CITY”). 1.Management Responsibilities – The consulting services PM will provide are inherently advisory in nature. PM has no responsibility for any management decisions or management functions in connection with its engagement to provide these services. Further, CITY acknowledges that CITY is responsible for all such management decisions and management functions; for evaluating the adequacy and results of the services PM will provide and accepting responsibility for the results of those services; and for establishing and maintaining internal controls, including monitoring ongoing activities, in connection with PM’s engagement. CITY has designated Michelle Smolen, Assistant City Manager, to oversee the services PM will provide. CITY represents and warrants that any and all information that it transmits to Plante Moran will be done so in full compliance with all applicable federal, state, and foreign privacy and data protection laws, as well as all other applicable regulations and directives, as may be amended from time to time (collectively, “Data Privacy Laws”). CITY shall not disclose personal data of data subjects who are entitled to certain rights and protections afforded by applicable federal, state, and foreign privacy and data protection laws (“Personal Data”) to PM without prior notification to PM. CITY shall make reasonable efforts to limit the disclosure of Personal Data to PM to the minimum necessary to accomplish the intended purpose of the disclosure to PM. Prior to commencement of the services, PM agrees that it shall apply for a business license as required by the City of Paducah and shall maintain such license for the term of this agreement and any extension thereof. 2.Nature of Services – PM’s project activities will be based on information and records provided to PM by CITY. PM will rely on such underlying information and records and the project activities will not include audit or verification of the information and records provided to PM in connection with the project activities. The project activities PM will perform will not constitute an examination or audit of any CITY financial statements or any other items, including CITY’s internal controls. Additionally, this engagement will not include preparation or review of any tax returns or consulting regarding tax matters. If CITY requires financial statements or other financial information for third-party use, or if CITY requires tax preparation or consulting services, a separate engagement letter will be required. Accordingly, CITY agrees not to associate or make reference to PM in connection with any financial statements or other financial information of CITY. In addition, PM’s engagement is not designed and cannot be relied upon to disclose errors, fraud, or illegal acts that may exist. However, PM will inform you of any such matters that come to PM’s attention. Proposal to Provide Development Review Consulting Services –PLANTE MORAN 19 | P a g e 3.Vendor Selection – Unless expressly agreed to in writing by Plante Moran, Plante Moran does not conduct independent due diligence activities regarding potential vendors that may respond or have responded to CITY’s request for proposals. Plante Moran’s role relative to due diligence activities is limited to assisting CITY develop and/or follow a process by which CITY participates in due diligence activities that are designed to evaluate vendors and solutions against CITY’s decision criteria. Plante Moran’s assistance in this regard is designed to help the CITY execute a selection methodology that is consistently and fairly applied to all vendors involved in the bid process. It is CITY’s responsibility to assess, evaluate, and weigh the results of the due diligence activities CITY conducts, and CITY is ultimately responsible for making and accepting responsibility for the decision it makes relative to vendor and solution selection. 4.Project Deliverables – At the conclusion of PM’s project activities and periodically as PM progress, PM will review the results of its work with CITY and provide CITY with any observations related to PM’s services that PM believes warrant CITY’s attention. PM also will provide CITY with copies of analyses or other materials that PM may develop in the course of this engagement upon CITY’s request. PM will not issue a written report as a result of this engagement and CITY agrees that the nature and extent of the work product that PM will provide, as outlined in this agreement, are sufficient for CITY’s purposes. 5.Interactive Analyses and Visualizations – In instances where PM expressly agrees in the accompanying agreement to provide interactive analyses or visualization tools (collectively, “Electronic Documents”) to CITY, such Electronic Documents will be provided in a format determined to be acceptable to PM. CITY acknowledges and agrees that CITY’s ability to access such Electronic Documents may require software programs that PM does not develop, license, or support, and CITY shall be solely responsible for the costs to obtain, use, or support any such required software. PM makes no representation or warranty with respect to such software or the continuing functionality of such software relative to the Electronic Documents and disclaims any and all express or implied warranties if any, associated with such software, its merchantability, and/or its fitness for any particular use by CITY. If and to the extent provided by PM, Electronic Documents are provided solely for the purpose of supporting the project deliverables and are to be used only as expressly described in and authorized by the project deliverables. PM disclaims any responsibility for any use of the Electronic Documents that is not expressly provided for in and authorized by the project deliverables. Further, CITY acknowledges that CITY is solely responsible for evaluating the adequacy and accuracy of any results generated through the use of Electronic Documents. PM will have no responsibility to support or update the Electric Documents for any events or circumstances that occur or become known subsequent to the date of their corresponding project deliverables. CITY acknowledges that PM may utilize proprietary works of authorship that have not been created specifically for CITY and were conceived, created, or developed prior to, or independent of, this engagement including, without limitation, computer programs, methodologies, algorithms, models, templates, software configurations, flowcharts, architecture designs, tools, specifications, drawings, sketches, models, samples, records, and documentation (collectively, “PM Intellectual Property”). CITY agrees and acknowledges that PM Intellectual Property is and shall remain solely and exclusively the property of PM. Upon payment for the engaged services, to the extent that PM incorporates PM Intellectual Property into the Electronic Documents (which PM shall do only as expressly provided for in the accompanying Proposal to Provide Development Review Consulting Services –PLANTE MORAN 20 | P a g e agreement), PM grants to CITY a limited royalty-free, nonexclusive, right and license to use such incorporated PM Intellectual Property for internal purposes only and in the original format. CITY agrees not to copy, publish, modify, disclose, distribute, decompile, reverse engineer, or create derivative works based on PM Intellectual Property. Notwithstanding the foregoing, in no event will PM be precluded from developing for itself or for others, works of authorship which are similar to those included in the project deliverables. If and to the extent PM shares information obtained from third-party data sources with CITY, CITY agrees not to (i) disclose or redistribute any such third-party data to third parties without the express written consent of PM; or (ii) attempt to extract, manipulate, or copy any embedded or aggregated third- party data from the Electronic Documents for any purpose. 6.Confidentiality, Ownership, and Retention of Workpapers – During the course of this engagement, PM and PM staff may have access to proprietary information of CITY, including, but not limited to, information regarding general ledger balances, financial transactions, trade secrets, business methods, plans, or projects. PM acknowledges that such information, regardless of its form, is confidential and proprietary to CITY. PM will comply with all applicable ethical standards, laws, and regulations as to the retention, protection, use, and distribution of such confidential client information. Except to the extent set forth herein, PM will not disclose such information to any third party without the prior written consent of CITY. In the interest of facilitating PM’s services to CITY, PM may communicate or exchange data by internet, email, facsimile transmission or other electronic methods. While PM will use its best efforts to keep such communications and transmissions secure in accordance with PM’s obligations under applicable laws and professional standards, CITY recognizes and accepts that PM has no control over the unauthorized interception of these communications or transmissions once they have been sent, and consents to PM’s use of these electronic devices during this engagement. Professional standards require that PM create and retain certain workpapers for engagements of this nature. All workpapers created in the course of this engagement are and shall remain the property of PM. PM will maintain the confidentiality of all such workpapers as long as they remain in PM’s possession. Both CITY and PM acknowledge, however, that PM may be required to make its workpapers available to regulatory authorities or by court order or subpoena in a legal, administrative, arbitration, or similar proceeding in which PM is not a party. Disclosure of confidential information in accordance with requirements of regulatory authorities or pursuant to court order or subpoena shall not constitute a breach of the provisions of this agreement. In the event that a request for any confidential information or workpapers covered by this agreement is made by regulatory authorities or pursuant to a court order or subpoena, PM agrees to inform CITY in a timely manner of such request and to cooperate with CITY should CITY attempt, at CITY’s cost, to limit such access. This provision will survive the termination of this agreement. PM’s efforts in complying with such requests will be deemed billable to CITY as a separate engagement. PM shall be entitled to compensation for its time and reasonable reimbursement of its expenses (including legal fees) in complying with the request. PM reserves the right to destroy, and it is understood that PM will destroy, workpapers created in the course of this engagement in accordance with PM’s record retention and destruction policies, which are Proposal to Provide Development Review Consulting Services –PLANTE MORAN 21 | P a g e designed to meet all relevant regulatory requirements for retention of workpapers. PM has no obligation to maintain workpapers other than for its own purposes or to meet those regulatory requirements. Upon CITY’s written request, PM may, at its sole discretion, allow others to view any workpapers remaining in its possession if there is a specific business purpose for such a review. PM will evaluate each written request independently. CITY acknowledges and agrees that PM will have no obligation to provide such access or to provide copies of PM’s workpapers, without regard to whether access had been granted with respect to any prior requests. 7.Consent to Disclosures to Service Providers – In some circumstances, PM may use third-party service providers to assist PM with its services, including affiliates of PM within or outside the United States. In those circumstances, PM will be solely responsible for the provision of any services by any such third- party service providers and for the protection of any information provided to such third-party service providers. PM will require any such third-party service provider to: (i) maintain the confidentiality of any information furnished; and (ii) not use any information for any purpose unrelated to assisting with PM’s services for CITY. In order to enable these third-party service providers to assist PM in this capacity, CITY, by its duly authorized signature on the accompanying engagement letter, consents to PM’s disclosure of all or any portion of CITY’s information, including tax return information, to such third- party service providers, including affiliates of PM outside of the United States, if and to the extent such information is relevant to the services such third-party service providers may provide and agrees that PM’s disclosure of such information for such purposes shall not constitute a breach of the provisions of this agreement. CITY’s consent shall be continuing until the services provided for this engagement agreement are completed. 8.Third-Party Data – PM may reference third-party data sources in performing the services described in the agreement. Third-party data may include publicly available data, commercially available data licensed to PM, or information obtained from other sources. PM will use its judgment, discretion, best efforts, and good faith in evaluating the use of third-party data sources, but does not warrant or guarantee the accuracy, completeness, or timeliness of any data obtained from third-party data sources and disclaims any liability arising out of or relating to the use of data from third-party data sources. CITY acknowledges that any commercially available third-party data sources referenced by PM are licensed to PM and PM’s ability to share information obtained from commercially available third-party data sources is often restricted by the terms of use granted to PM by the licensor and, unless expressly set forth in the accompanying agreement, PM makes no representation or warranty that CITY will have access to data obtained from third-party data sources. If and to the extent PM shares information obtained from third- party data sources with CITY, CITY agrees not to disclose or redistribute any such third-party data to third parties without the express written consent of PM. This agreement does not convey to CITY a sublicense to any third-party data source unless expressly agreed to in writing and signed by a duly authorized representative of PM. However, nothing herein shall prevent CITY from directly contracting with or obtaining a license from any third-party data source if CITY determines, in its sole discretion, that any such direct contract or license to be in its best interest. Proposal to Provide Development Review Consulting Services –PLANTE MORAN 22 | P a g e 9.Fee Quotes – In any circumstance where PM has provided estimated fees, fixed fees or not-to-exceed fees (“Fee Quotes”), these Fee Quotes are based on CITY personnel providing PM staff the assistance necessary to satisfy CITY responsibilities under the scope of services. This assistance includes availability and cooperation of those CITY personnel relevant to PM’s project activities and providing needed information to PM in a timely and orderly manner. In the event that undisclosed or unforeseeable facts regarding these matters causes the actual work required for this engagement to vary from PM’s Fee Quotes, those Fee Quotes will be adjusted for the additional time PM incurs as a result. In any circumstance where PM’s work is rescheduled at the City’s request or requirement, PM offers no guarantee, express or implied, that PM will be able to meet any previously established deadline related to the completion of PM’s work. Because rescheduling its work imposes additional costs on PM, in any circumstance where PM has provided Fee Quotes, those Fee Quotes may be adjusted for additional time PM incurs as a result of rescheduling its work at the request or requirement of the City. The City shall not be responsible for any additional costs incurred due to rescheduling of the work at the request or requirement of PM. PM will advise CITY in the event these circumstances occur; however, it is acknowledged that the exact impact on the Fee Quote may not be determinable until the conclusion of the engagement. Such fee adjustments will be determined in accordance with the Fee Adjustments provision of this agreement. 10.Payment Terms – PM’s invoices for professional services are due upon receipt unless otherwise specified in the agreement. In the event any of PM’s invoices are not paid in accordance with the terms of this agreement, PM may elect, at PM’s sole discretion, to suspend work until PM receives payment in full for all amounts due or terminate this engagement. In the event that work is suspended, for nonpayment or other reasons, and subsequently resumed, PM offers no guarantee, express or implied, that PM will be able to meet any previously established deadlines related to the completion of PM’s consulting work. CITY agrees that in the event that work is suspended, for non-payment or other reasons, PM shall not be liable for any damages that occur as a result of PM ceasing to render services. 11.Fee Adjustments – Any fee adjustments for reasons described in this agreement will be determined based on the actual time expended by PM staff at $225/hr, and included as an adjustment to PM’s invoices related to this engagement. CITY acknowledges and agrees that payment for all such fee adjustments will be made in accordance with the payment terms provided in this agreement. 12.Force Majeure – Neither party shall be deemed to be in breach of this engagement agreement as a result of any delays or non-performance directly or indirectly resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, acts of God, war or other violence, or epidemic (each individually a “Force Majeure Event”). A Force Majeure Event shall not excuse any payment obligation relating to fees or costs incurred prior to any such Force Majeure Event. Proposal to Provide Development Review Consulting Services –PLANTE MORAN 23 | P a g e 13.Exclusion of Certain Damages – Except to the extent finally determined to have resulted from PM’s gross negligence or willful misconduct, the liability of PM and any of PM’s officers, directors, partners, members, managers, employees, affiliated, parent or subsidiary entities, and approved allied third-party service providers (collectively, “PM Persons”) for any and all claims, losses, costs, and damages of any nature whatsoever is limited so that the total aggregate liability of the PM and/or the PM Persons with respect to and arising out of the services provided hereunder shall not exceed the total fees paid to PM for the services provided in connection with this engagement agreement. It is agreed that these limitations on PM’s and the PM Persons’ maximum liability are reasonable in view of, among other things, the nature, scope, and limitations of the services PM is to provide, and the fees PM is to receive under this engagement. In no event shall the PM or the PM Persons be liable, whether a claim be in tort, contract, or otherwise, for any consequential, indirect, lost profit, punitive, exemplary, or other special damages. The exclusion of certain damages as set forth in this Section apply to any and all liabilities or causes of action against PM and/or the PM Persons, however alleged or arising, unless and to the extent otherwise prohibited by law. This provision shall survive the termination of this engagement. In the event this engagement agreement expressly identified multiple phases of services, the total aggregate liability of PM shall be limited to no more than the total amount of fees received by PM for the particular phase of services alleged to have given rise to any such liability. 14.Defense, Indemnification, and Hold Harmless – As a condition of PM’s willingness to perform the services provided for in the agreement, CITY agrees to defend, indemnify, and hold PM and the PM Persons harmless against any claims by third parties for losses, claims, damages, or liabilities, to which PM or the PM Persons may become subject in connection with or related to the services performed in the engagement, unless a court having jurisdiction shall have determined in a final judgment that such loss, claim, damage, or liability resulted primarily from the willful misconduct or gross negligence of PM, or one of the PM Persons. This defense, indemnity, and hold harmless obligation includes the obligation to reimburse PM and/or the PM Persons for any legal or other expenses incurred by PM or the PM Persons, as incurred, in connection with investigating or defending any such losses, claims, damages, or liabilities. 15.Receipt of Legal Process – In the event PM is required to respond to a subpoena, court order, or other legal process (in a matter involving CITY but not PM) for the production of documents and/or testimony relative to information PM obtained and/or prepared during the course of this engagement, CITY agrees to compensate PM for the affected PM staff’s time at such staff’s current hourly rates, and to reimburse PM for all of PM’s out-of-pocket costs incurred associated with PM’s response unless otherwise reimbursed by a third party. 16.Termination of Engagement – This agreement may be terminated by either party upon written notice. Upon notification of termination, PM’s services will cease and PM’s engagement will be deemed to have been completed. CITY will be obligated to compensate PM for all time expended and to reimburse PM for related costs PM incurs through the date of termination of this engagement. 17.Time Limits – Except for actions to enforce payment of PM’s invoices and without limiting any claims for indemnification hereunder, any claim or cause of action arising under or otherwise relating to this engagement must be filed within two years from the completion of the engagement without regard to any statutory provision to the contrary. Proposal to Provide Development Review Consulting Services –PLANTE MORAN 24 | P a g e 18.Entire Agreement – This engagement agreement is contractual in nature and includes all of the relevant terms that will govern the engagement for which it has been prepared. The terms of this letter supersede any prior oral or written representations or commitments by or between the parties regarding the subject matter hereof. Any material changes or additions to the terms set forth in this letter will only become effective if evidenced by a written amendment to this agreement, signed by all of the parties. 19.Severability – If any provision of this engagement agreement (in whole or part) is held to be invalid or otherwise unenforceable, the other provisions shall remain in full force and effect. 20.Conflicts of Interest – PM’s engagement acceptance procedures include a check as to whether any conflicts of interest exist that would prevent PM’s acceptance of this engagement. No such conflicts have been identified. CITY understands and acknowledges that PM may be engaged to provide professional services, now or in the future, unrelated to this engagement to parties whose interests may not be consistent with interests of CITY. 21.Agreement Not to Influence – CITY and PM each agree that each respective organization and its employees will not endeavor to influence the other’s employees to seek any employment or other contractual arrangement with it, during this engagement or for a period of one year after termination of the engagement. CITY agrees that PM employees are not “contract for hire.” PM may release CITY from these restrictions if CITY agrees to reimburse PM for its recruiting, training, and administrative investment in the applicable employee. In such event, the reimbursement amount shall be equal to two hundred hours of billings at $225/hr hourly rate] for the PM employee. 22.Signatures – Any electronic signature transmitted through DocuSign or manual signature on the agreement transmitted by facsimile or by electronic mail in portable document format may be considered an original signature. 23.Governing Law – This agreement shall be governed by and construed in accordance with the laws of the State of Kentucky, and jurisdiction over any action to enforce this agreement, or any dispute arising from or relating to this agreement shall reside exclusively within the State of Kentucky. End of Professional Services Agreement – Consulting Services We look forward to working with you. Please contact us with any questions. Scott Eiler Engagement Partner Scott.Eiler@plantemoran.com Direct: 248.223.3447 27400 Northwestern Highway P.O. Box 307 Southfield, MI 48037-0307 11th largest CPA and consulting firm in the United States. Christopher Blough Project Manager Christopher.Blough@plantemoran.com Direct 248-223-3209 27400 Northwestern Highway P.O. Box 307 Southfield, MI 48037-0307 CITY OF PADUCAH CITY MANAGER’S OFFICE CITY HALL, 300 SOUTH 5TH STREET PADUCAH, KY 42001  (270) 444-8503 MEMORANDUM TO: Board of Commissioners FROM: James Arndt, City Manager Michelle Smolen, Assistant City Manager DATE: January 8, 2020 RE: Plante Moran Non-Competitive Determination The City of Paducah is proposing to enter into a professional services contract with Plante Moran for technical assistance with the implementation of the Energov Codes and Permitting software. The contract is structured to not exceed $90,000. This contract is for professional services and will be a noncompetitive negotiation purchase pursuant to KRS 45A.380(3). Agenda Action Form Paducah City Commission Meeting Date: January 28, 2020 Short Title: Amend Code of Ordinances Section 70-52 to Add One Additional Member to the Brooks Stadium Commission - J ARNDT Category: Ordinance Staff Work By: James Arndt, Lindsay Parish, Claudia Meeks Presentation By: James Arndt Background Information: The City of Paducah established the Brooks Stadium Commission to promote the full use of the Brooks Stadium facilities and adjacent properties as it deems in the best interest of the public. The Brooks Stadium Commission has made recommendation to the Board of Commissioners of the City of Paducah to increase by one the number of members appointed to the Brooks Stadium Commission. In order to add an additional member to the Brooks Stadium Commission, it is necessary to amend Section 70- 52 of the Code of Ordinances. This action will increase the total number of Brooks Stadium Commission members to ten (10). This action also removes the voting rights of the Brooks Stadium Commission President except to cast the deciding vote in the case of a tie. 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: To approve an ordinance amending Section 70-52 of the Paducah Code of Ordinances to increase the number of members of the Brooks Stadium Commission from nine (9) to ten (10) and to remove the voting rights of the President of the Commission except to cast the deciding vote in the case of a tie. Attachments: 1.Ordinance ORDINANCE NO. 2020-_____-__________ AN ORDINANCE AMENDING CHAPTER 70, ARTICLE III “BROOKS STADIUM COMMISSION” OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City of Paducah established the Brooks Stadium Commission to promote the full use of the Brooks Stadium facilities and adjacent properties as it deems in the best interest of the public; and WHEREAS, the Brooks Stadium Commission has made recommendation to the Board of Commissioners of the City of Paducah to increase by one the number of members appointed to the Brooks Stadium Commission; and WHEREAS, the City Commission now wishes to act upon the recommendation of the Brooks Stadium Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, hereby amends Chapter 70 of the Paducah Code of Ordinances by amending the following section: Sec. 70-52. - Composition; appointment of members. The Brooks Stadium Commission shall consist of [nine (9)] ten (10) members who shall be appointed by the Mayor with the approval of a majority of the members of the Board of Commissioners. One (1) of the [nine (9)] ten (10) members shall be appointed from the Board of Commissioners of the City. In addition, the Director of [Parks Services] the Parks and Recreation Department shall serve as an ex officio member of the board, but shall not have any voting rights. The President of the Brooks Stadium Commission may participate in Commission proceedings, but shall not have a vote, except that the President may cast the deciding vote in case of a tie. SECTION 2. The provisions of this ordinance are severable. If any provision, section, paragraph, sentence or part thereof shall be held unconstitutional or invalid, such decision shall not affect or impair the remainder of this ordinance, it being the legislative intent to ordain and enact each provision, section, paragraph, sentence and part thereof separately and independent of each other. SECTION 3. This Ordinance shall be read on two separate days and become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ Brandi Harless, Mayor ATTEST: __________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, January 14, 2020 Adopted by the Board of Commissioners, ________________________________ Recorded by Lindsay Parish, City Clerk, ______________________________ Published by The Paducah Sun, ________________________ \ord\70-52 Brooks Stadium Commission Agenda Action Form Paducah City Commission Meeting Date: January 28, 2020 Short Title: Approve Fuel Contract for 2020-2021 - R MURPHY Category: Ordinance Staff Work By: Randy Crouch, Debbie Collins Presentation By: Rick Murphy Background Information: On January 9, 2020 sealed bids were received for the City of Paducah’s requirement of Fuel Contract for the 2020 and 2021 calendar years with two additional one-year renewal options if agreed by both parties. JSC Terminal, LLC dba Mid West Terminal submitted the only bid and upon review was found to be responsive in accordance with the specifications. JSC submitted a bid price of a daily adjustment of $0.12 per gallon above the Oil Price Information Service (OPIS) for all three fuels required: Gasoline (87 Octane), Diesel Fuel (Grade #2) and Diesel Fuel Off-Road (High Sulfur). Also, $.04 above OPIS for ValTec Marine Gasoline Additive and ValTec Premium Diesel Additive Biograde Microbiocide. 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: To receive and file the bid submitted for the City of Paducah’s requirement of Fuel for the 2020 and 2021 calendar years with two additional one-year renewal options, if agreed by both parties; and to adopt an Ordinance authorizing the Mayor to enter into a contract with JSC Terminal, LLC dba Mid West Terminal for the supply of Fuel with a daily adjustment of $0.12 per gallon above the Oil Price Information Service (OPIS) for all three fuels required by the City: Gasoline (87 Octane), Diesel Fuel (Grade #2) and Diesel Fuel Off-Road (High Sulfur). Also, $.04 above OPIS for ValTec Marine Gasoline Additive and ValTec Premium Diesel Additive Biograde Microbiocide. Attachments: 1.Ordinance 2.Fuel Agreement 2020-2021 3.Fuel Contract Bid Documents 2020-2021 ORDINANCE NO. 2020-_____-______ AN ORDINANCE ACCEPTING THE BID OF JSC TERMINAL, LLC, D.B.A. MID WEST TERMINAL FOR THE CITY’S FUEL SUPPLY FOR THE 2020 AND 2021 CALENDAR YEARS, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah accepts the bid of JSC Terminal, LLC, d.b.a. Mid-West Terminal dated January 9, 2020, for the City’s purchase of gasoline (87 Octane), diesel fuel (Grade #2), and diesel fuel off-road (High Sulfur) at a price of $0.12 per gallon above OPIS (Oil Price Information Service), as well as ValTec Marine Gasoline Additive and ValTec Premium Diesel Additive Biograde Microbiocide at a price of $0.04 above OPIS for the calendar years 2020 and 2021, said bid being in substantial compliance with the bid specifications. SECTION 2. The Mayor is hereby authorized to execute a contract between the City of Paducah and JSC Terminal, LLC, for the City’s fuel supply as set out in Section 1 above. Said contract is in substantial compliance with bid specifications, advertisement for bids, and bid of JSC Terminal, LLC, dated January 9, 2020, for a term of two years and contains an option to renew at the same terms for two additional one- year periods if both parties agree. SECTION 3. This expenditure shall be charged to various accounts. SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, January 28, 2020 Adopted by the Board of Commissioners, __________________________ Recorded by Lindsay Parish, City Clerk, ___________________________ Published by the Paducah Sun, ______________________________ \ord\pworks\contract-fuel 2020-2021 00500 AGREEMENT Page 1 of 2 CITY OF PADUCAH, KENTUCKY ENGINEERING-PUBLIC WORKS DEPARTMENT AGREEMENT - CITY OF PADUCAH’S FUEL SUPPLY 2020-2021 THIS AGREEMENT, made this day of , 20_____ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and JSC Terminal, LLC dba Midwest Terminal, hereinafter called the VENDOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE The Vendor agrees to furnish all the necessary labor, materials, equipment, tools and services necessary for the procurement of the City of Paducah’s Fuel Supply for 2020-2021. The Fuel supplied shall be in accordance with this Agreement, 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 agent for the Owner, City of Paducah. All Fuel Supplied by the Vendor shall be completed under the general supervision of the Engineer. ARTICLE 2. CONTRACT TIME This Contract shall be binding upon the City and the Vendor, his partners, successors, assigns, and legal representatives for 2020 calendar year and the 2021 calendar year ending December 31, 2021. Neither the City nor the Vendor shall have the right to assign, transfer, or sublet their interests or obligations hereunder without consent of the other party. The term of the contract may be renewable for TWO additional one-year terms, ending December 31, 2022 and December 31, 2023 consecutively, upon the mutual agreement of both parties. The City Engineer-Public Works Director, acting as agent for the Owner, shall determine, in his sole discretion, the option to renewal. If agreed, this renewal option will be exercised by both parties executing and delivering the written One-Year Renewal Agreement. The City reserves the right to purchase Fuel at the quoted prices until the One-Year Renewal Agreement has been executed by the parties. However, in no case shall the Vendor be bound to supply Fuel at the contract prices past the given contract end date. ARTICLE 3. CONTRACT PRICES The Owner shall pay the Vendor for Fuel at the rates listed below, allowing for the adjustment of the Oil Price Information Service (OPIS) daily, as quoted in the Bid Proposal by the Vendor dated January 8, 2020, which shall constitute full compensation for the procurement authorized herein: 1. Gasoline - 87 Octane: $ 0.12 above OPIS 2. Diesel Fuel - Grade No. 2 Fuel: $ 0.12 above OPIS 3. Diesel Fuel - Off Road - High Sulfur: $ 0.12 above OPIS 4. ValvTect Marine Gasoline Additive and ValvTect Premium Diesel Additive with Bioguard Microbiocide $ 0.04 above OPIS 00500 AGREEMENT Page 2 of 2 ARTICLE 4. REQUESTS FOR PAYMENT The Vendor will be required to submit each month, and no more than once a month, a properly completed Invoice in accordance with all of the provisions stated within the Specifications. Additionally, the Vendor shall submit official documentation of the Oil Price Information Service (OPIS) to justify the daily Fuel Prices charged on the Invoice. Upon receipt of a properly completed Invoice and all required documentation, the Owner agrees to make Payment within Thirty (30) days of the submitted Invoice. The Owner reserves the right to withhold any of all payments or portions thereof if the Contractor fails to perform in accordance with the provisions of the contract or any modifications thereto. ARTICLE 5. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. 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. VENDOR CITY OF PADUCAH, KENTUCKY BY __________________________ BY ____________________________ TITLE ________________________ Brandi Harless, Mayor ADDRESS: ADDRESS: _____________________________ Post Office Box 2267 ______________________________ Paducah, Kentucky 42002-2267 ADVERTISE- MENT FOR SEALED BIDS The City of Padu- cah, Engineering- Public Works De- partment will re- ceive sealed bids for the City of Pa- ducah’s re-bid Fuel Contract for 2020- 2021 at 2:00 P.M., Thursday, January 9, 2020. All bids re- ceived will be pub- licly opened and read aloud in the Commission Chambers, Second Floor, City Hall, 300 South 5th Street, Paducah, Kentucky. Copies of the specifica- tions may be ob- tained at the office of the Engineering- Public Works De- partment located in City Hall. More in- formation regard- ing this project may be found at the City of Paducah’s website: www.pa- ducahky.gov un- der Request for Bids. 00020 INVITATION TO BID PAGE 1 OF 1 INVITATION TO BID RECEIPT OF PROPOSALS: The City of Paducah, Engineering-Public Works Department will receive sealed bids for the City of Paducah’s re-bid Fuel Contract for 2020-2021 at 2:00 P.M., Thursday, January 9, 2020. All bids received will be publicly opened and read aloud in the Commission Chambers, Second Floor, City Hall, 300 South 5th Street, Paducah, Kentucky. OBTAINING CONTRACT DOCUMENTS: Copies of the specifications may be obtained at the office of the Engineering-Public Works Department located in City Hall. BID EVALUATION - AWARD OF CONTRACT After reasonable consideration of all bids received, a Notice of Award will be given to the responsible bidder who submits the responsive bid of the Lowest Evaluated Bid in accordance with the specifications. CONTRACT TIME The contract shall be binding upon the City and the Vendor, his partners, successors, assigns, and legal representatives for the 2020 calendar year and the 2021 calendar year ending December 31, 2021. The term of the contract may be renewable for TWO additional one-year terms, upon the mutual agreement of both parties. Neither the City nor the Contractor shall have the right to assign, transfer, or sublet their interests or obligations hereunder without consent of the other party. PREFERENCE TO KENTUCKY BIDDERS In accordance with KRS 45A.365, prior to a contract being awarded, a resident bidder of the Commonwealth shall be given a preference against a non-resident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the non-resident bidder. EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, religion, color, sex national origin, age or disability. DRUG FREE WORKPLACE The City of Paducah has adopted a Drug and Alcohol Free Workplace Policy in compliance with 803 KAR 25.280, in which drug and alcohol use and abuse in the workplace is prohibited. All contractors and subcontractors doing business for the City of Paducah shall adhere to this policy. OWNER'S RIGHTS RESERVED The City reserves the right to reject any and all bids in accordance with the City of Paducah’s Code of Ordinances and the Project Specifications. Agenda Action Form Paducah City Commission Meeting Date: January 28, 2020 Short Title: Approve Agreement with the Paducah Police Department Bargaining Unit - J ARNDT Category: Ordinance Staff Work By: James Arndt, Michelle Smolen, Jonathan Perkins, Brian Laird Presentation By: Brian Laird Background Information: The current contract with the Paducah Police Department Bargaining Unit expires June 30, 2020. Negotiations on the new contract began on January 7, 2020 and concluded on January 21, 2020. The City has been advised that the membership has voted to approve the attached contract. The Contract includes the following major terms and changes from the previous FOP contract: Administrative Changes: Changed Reference to all dates to reflect new 3 year contract (July 1, 2020 – June 30, 2023) Increase in contractual off duty wage rate when Officer is working a City designated holiday to $60/hour. Article 7, Section 2a – changed grievance procedure language to reference HR – 43 Employee Concerns administrative policy instead of City Ordinance. Article 17, Section 6 – Increase service credit for new hires up to 10 years from 5 years, this is for lateral candidates. This will assist with the recruitment of lateral officers. Article 20, Section 6 - defined 1 personal day to be 8 hours and revised language regarding granting the use of personal day. Vacation Time Restructured the vacation accrual rates as below and converted days to hours. 120 hours year one - nine year (Previously Year 1 - 14) 160 hours at tenth year (Previously 144 hours at year 15) 200 hours at fifteenth year (Previously 168 hours at year 20) 240 hours at twentieth year (Previously 192 hours at year 24) Wages: Increased hourly rates to create more competitive wages and consistency between step and grade. Annual cost of living adjustments (COLA’s) of 2.5%, 2.5%, 3.0% in 2020, 2021, 2022 respectively. Article 17, Section 2, increase the actual hourly wage rate for Police Training Officers (PTO’s, PTS’s, and PTC’s) from $0.80/hour to $1.00/hour. Increase the actual hourly wage rate for Detectives from $1.00/hour to $1.25/hour. Total wage and fringe benefit increase impact over the three year period is estimated to be $2,984,229. The calculation considers maintaining current staffing levels. 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: Approve an ordinance authorizing the Mayor to execute Agreement with the Paducah Police Department bargaining unit Attachments: 1.Ordinance 2.Police Contract 2020-2023 ORDINANCE NO. 2020-_____-______________ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT AND OTHER ASSOCIATED DOCUMENTS BETWEEN THE CITY OF PADUCAH AND THE PADUCAH POLICE DEPARTMENT BARGAINING UNIT BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute an agreement and other associated documents between the City of Paducah and the Paducah Police Department Bargaining Unit. SECTION 2. This Agreement shall be effective from July 1, 2020, to June 30, 2023. SECTION 3. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ Mayor ATTEST: ____________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, January 28, 2020 Adopted by the Board of Commissioners, __________________ Recorded by Lindsay Parish, City Clerk, ___________________ Published in The Paducah Sun, ____________________ \ord\police\contract-bargaining unit 2020-2023 Agenda Action Form Paducah City Commission Meeting Date: January 28, 2020 Short Title: Approve Agreement with the Professional Fire Fighters of Paducah, Local 168 - J ARNDT Category: Ordinance Staff Work By: James Arndt, Michelle Smolen, Jonathan Perkins, Steve Kyle, Matt Tinsley, Stefanie Suazo Presentation By: Steve Kyle, Stefanie Suazo Background Information: The current contract with the Professional Fire Fighters of Paducah expires June 30, 2020. Negotiations on the new contract began on January 9, 2020, and concluded on January 16, 2020. The City has been advised that the membership has voted to approve the attached contract. The Contract includes the following major terms and changes from the previous IAFF contract: Administrative Changes Changed Reference to all dates to reflect new 3 year contract (July 1, 2020 – June 30, 2023.) The entire Contract removed references to his/her/him/her and replaced with their/them. Article 11, Section 5, and Article 17, Section 6, the language was updated to both define and illustrate how the blended rate for vacation and sick time payout is calculated. Health and Safety The annual physical agility test created by the Fire Department will be mandatory instead of voluntary beginning in July of 2020. There will not be any punitive actions for not passing. Payroll Deduction of Dues Employees will now be allowed to join the collective bargaining unit at the completion of recruit school and promotion to firefighter, eliminating the 180 day previous waiting period. Life Insurance Increase life insurance coverage from $12,500 to $15,000. Wage Rates Increased hourly rates to create more competitive wages and consistency between step and grade. Proposed cost of living adjustments (COLA’s) annually of 2.5%, 2.5%, 3.0% in 2020, 2021, 2022 respectively Total wage and fringe benefit increase impact over the three year period is estimated at $2,383,807. The calculation considered includes increasing staffing levels by one. 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: Approve an ordinance authorizing the Mayor to execute the Agreement with the IAFF Bargaining Unit. Attachments: 1.Ordinance 2.IAFF Contract 2020-2023 ORDINANCE NO. 2020-_____-____________ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND PROFESSIONAL FIRE FIGHTERS OF PADUCAH, LOCAL 168, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute an Agreement with the Professional Fire Fighters of Paducah, Local 168, International Association of Fire Fighters. SECTION 2. This Agreement shall be effective from July 1, 2020 through June 30, 2023. SECTION 3. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ____________________________________ Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, January 28, 2020 Adopted by the Board of Commissioners, ________________________ Recorded by Lindsay Parish, City Clerk, _________________________ Published by The Paducah Sun, ____________________________ \ord\fire\IAFF 2020-2023