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Home My WebLink AboutCCMPacket2020-02-11CITY COMMISSION MEETING AGENDA FOR FEBRUARY 11, 2020 5:30 PM CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PRESENTATION 2020 Census Update - Mark Wattier & Zana Renfro 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 25, 2020 and January 28, 2020 B.Receive & File Documents C.Reappointment of Edward Hely to the Electric Plant Board D.Reappointment of David Barnett to the Board of Ethics E.Reappointment of William E. Shannon to the Paducah Water Board F.Reappointment of Beverly McKinley to the Code Enforcement Board G.Personnel Actions II. ORDINANCE(S) - ADOPTION 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 III. ORDINANCE(S) - INTRODUCTION A.Contract with McCracken County Jail for Use of Class D Workers - J ARNDT B.Approve Franchise Agreement Between City of Paducah and Comcast of the South - P SPENCER IV. DISCUSSION A.Opportunity Zones - T TRACY V. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VI. EXECUTIVE SESSION January 25, 2020 At a Called Meeting of the Board of Commissioners, held on Saturday, January 25, 2020 at 9:00 a.m., in River Room A of the Holiday Inn Riverfront located at 600 N 4th St, Paducah, KY 42001, Mayor Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). INVOCATION Commissioner McElroy led the invocation. PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. COMMISSION RETREAT Team Building Exercises City Manager Arndt began the meeting with two team building exercises. For the first exercise, each member of the Commission listed the one thing they were most proud of for 2019 and the one thing they are most excited for in 2020. The second exercise focused on the strength each commission member sees in other commissioners and the strengths they see in themselves. 2019 Strategic Plan Accomplishments Assistant City Manager Smolen reviewed the accomplishments the City has made in 2019 in regards to the Strategic Plan. Highlights include: 15 Downtown Development Grants totaling $217,000 58 Business Retention Meetings held 6,750 Citizens served by the new Customer Experience Department 13 Kickstart Meetings held since July $10.4 Million received through the BUILD Grant 23 Neighborhood Walks covering 31 neighborhoods Greenway Trail Phase 4 completed Replaced 2 miles of sidewalks Design process has started for the Indoor Aquatic/Recreation Facility Creative and Cultural Council established, with plans to begin in 2020 Police Department started a new Youth Interact Program at Paducah Middle School Established a Tax Increment Financing District (TIF) for Downtown Paducah A copy of the Strategic Plan Report Card can be found in the Minutes file. Insights from the Leadership Team City Clerk & Director of Customer Experience Lindsay Parish led the Commission through insights from the Leadership Team. A copy of the presentation can be found in the minute file. 2020 Strategic Plan Discussion & Review City Manager Arndt worked with the Commission to review and make edits to Strategic Plan items. The Commission reviewed the performance areas of Empower Upward Economic Mobility, Maintain Thoughtful & Modern Infrastructure, Develop Healthy & Sustainable January 25, 2020 Neighborhoods, and Recreation. The Commission asked that staff make recommendations for the performance areas of Public Safety; Open, Smart & Engaged Government; Creative Industries; and Celebrate a Diverse Community. ADJOURN Mayor Harless offered motion, seconded by Commissioner Wilson, to adjourn the meeting. All in favor. Meeting ended at approximately 2:10 p.m. ADOPTED: February 11, 2020 _____________________________ Brandi Harless, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk January 28, 2020 At a Regular Meeting of the Board of Commissioners, held on Tuesday, January 28, 2020, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). INVOCATION: Commissioner McElroy led the Invocation. PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. ADDITIONS/DELETIONS City Manager James Arndt requested that Item III-A, City of Paducah Special Event Cost Recovery Program, be deleted from the agenda. EMPLOYEE INTRODUCTION Police Chief Brian Laird introduced new Police Officers Noah Willett, Jaime Euteneier, Michael Vowell, and James Whitworth. PRESENTATIONS Public Information Officer Pam Spencer provided the following summary on the presentations presented: OpenCounter Demonstration “City Clerk/Customer Experience Department Director Lindsay Parish debuted a new online tool customized to Paducah tbat will help entrepreneurs, developers, business owners, and others as they work to scope a project. The official launch of the OpenCounter software is next Monday with final edits to the program being made tbis week. OpenCounter is centered around business development and project scoping. The goals are to increase efficiencies in the permitting process by improving communications between the project organizer and the City. Paducah will be using the OpenCounter zoning and business portals which will guide users through questions to help determine the appropriately zoned locations for types of business and the required permits with estimated fees. At the end, users can download a summary of their project, contact City staff, and/or create a project account to start the application process." GPEDC Update “Greater Paducah Economic Development (GPED) President/CEO Bruce Wilcox updated the Paducah Board of Commissioners on the recent efforts of GPED. Wilcox was hired as President/CEO last September.” Approve Minutes for the January 14, 2020 Meeting of the Board of Commissioners of the City of Paducah Indoor Recreation & Aquatic Center Design Update “President/CEO Chris Camp and Associate Vice President-Architecture Sean Guth presented an update to the Paducah Board of Commissioners regarding tbe design of the Indoor Recreation and Aquatic Center, a wellness facility to be constructed in Noble Park. Noble Park was selected due to its centralized location and walkability for people from several surrounding neighborhoods. This two-story facility will be approximately 77,000 square feet and located along Park Avenue in the current location of the ball fields. This community wellness facility will include numerous amenities. The first floor incorporates the office and reception area, a climbing wall, concession/cafe area with an open seating area for socializing, locker rooms, a child care area, gymnasium, multi-purpose room, wet/dry classroom, warm water therapy pool with a zero-entry end and kid's play area, a two-story flume slide, 25 meter by 25-yard tournament-level lap pool, and space for a tenant. The second floor includes an open area with fitness equipment, fitness rooms, space for offices or a tenant, and a large running track that overlooks the first floor. Six laps on the track will equal a mile. Camp explained that wellness facilities have changed during his more than 35 years as a professional. He stressed that wellness facilities are now dynamic centers that meet a variety of health, fitness, educational, and social needs. Plus, they are economic drivers for a community. Camp showed the cover of the January 2020 issue of the magazine, Parks and Recreation. The issue includes an article about how recreation centers are becoming community wellness hubs. The programming options that can be found in a wellness center include after school programs, health and nutrition classes, counseling sessions, senior wellness activities, and swimming lessons. Lose Design along with local partner Bacon Farmer Workman Engineering and Testing (BFW) will continue the work on the design and prepare the construction documents for bidding. Furthermore, the Lose team has met with local general contractors who are interested in the project. In addition to the design process, the City currently is requesting proposals from a qualified recreation center management group for the operation and management of the facility. The deadline to submit a proposal is February 28. The City of Paducah contracted with Nashville, TN-based Lose Design in August 2019 for the design and construction management services for this facility. The development of an indoor recreation and aquatic facility is tied to Our Community and the Performance Area, Recreation, as outlined in Paducah's Strategic Plan. It's also one of the What's Important Now (WIN) initiatives”. A copy of the presentation slides can be found in the Minutes file. 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) I..W l.l./_., - A - ) 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). City Manager James Arndt introduced Chris Yarber as the City’s new Director of Public Works. I(B)Receive and File Documents: 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 I(C)Personnel Actions I(D)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 (M0#2312, BK 11) I(E)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 (M0#2313, BK 11) I(F)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 (M0#2314, BK 11) I(G)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 (M0#2315, BK 11) MUNICIPAL ORDERS-ADOPTION BARKLEY REGIONAL AIRPORT – MATCHING LOCAL FUNDS FOR FEDERAL AVIATION ADMINISTRATION GRANT – AIRPORT TERMINAL Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt a Municipal Order entitled," 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." (MO #2316, BK 11) Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). ORDINANCE(S) -ADOPTIONS CLOSURE OF A PORTION OF COLONIAL COURT BETWEEN 100, 104, 106 AND 107 COLONIAL COURT Commissioner McElroy offered motion, seconded by Commissioner Abraham, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF COLONIAL COURT BETWEEN I00, I04, I06 & 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. Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). (ORD #2020-01-8612, BK 36) 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 adopt 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. Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). (ORD #2020-01-8613, BK 36) AMEND CODE OF ORDINANCE SECTION 70-52 - ADD MEMBER BROOKS STADIUM COMMISSION Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an 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 (I 0) and to remove the voting rights of the Brooks Stadium Commission President except to cast the deciding vote in the case of a tie. Adopted on call of the roll, yeas, Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). (ORD #2020-01-8614, BK 36) ORDINANCE(S) – INTRODUCTIONS APPROVE FUEL CONTRACT FOR 2020-2021 Commission Watkins offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "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." This ordinance is summarized as follows: The City of Paducah hereby accepts the bid JSC Terminal, LLC d.b.a. Mid West Terminal for the City supply of gasoline, diesel fuel, and diesel fuel off-road 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 at a price of $0.04 above OPIS. Said contract is for a period of two years and contains two additional one-year options to renew if both parties agree. APPROVE AGREEMENT WITH THE PADUCAH POLICE DEPARTMENT BARGANING UNIT Commissioner McElroy offered motion, seconded by Commissioner Abraham, that the Board of Commissioners introduce an Ordinance entitled, "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". This Ordinance is summarized as follows: 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. This Agreement shall be effective from July 1, 2020, to June 30, 2023. APPROVE AGREEMENT WITH PROFESSIONAL FIRE FIGHTERS OF PADUCAH, LOCAL 168 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 BETWEEN THE CITY OF PADUCAH AND PROFESSIONAL FIRE FIGHTERS OF PADUCAH, LOCAL 168, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS." This Ordinance is summarized as follows: That the Mayor is hereby authorized to execute an Agreement with the Professional Fire Fighters of Paducah, Local 168, International Association of Fire Fighters. This agreement will become effective July 1, 2020 and expire on June 30, 2023. D1SCUSSION Jonathan Perkins gave a presentation on the Quarterly Finance Report. A copy of the presentation slides can be found in the Minutes file. MAYOR COMMENTS •Congratulated WKCTC on its partnership with the University of Louisville to bring a dental clinic to its campus. •Will travel to San Antonio with Dr. Reese from WKCTC on Monday to make a presentation to the Committee for the Bellwether Awards for Community Colleges. PUBLIC COMMENTS •Ron Ward- Comments on Lose Design Update -Aquatics Facility •Matt Baker - Comments on Lose Design Update - Aquatics Facility •Amanda Esper (Friends of the Park) - Comments on Lose Design Update -Aquatics Facility EXECUTIVE SESSION Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topics: •Future sale or acquisition of a specific parcel(s) of real estate, as permitted by KRS 61.810(l)(b) •Issues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.810(l)(f) •A specific proposal by a business entity where public discussion of the subject matter would jeopardize the location, retention, expansion or upgrading of a business entity, as permitted by KRS 61.810(l)(g). Adopted on call of the roll yeas, Commissioner Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). RECONVENE IN OPEN SESSION Mayor Harless offered motion, seconded by Commissioner Wilson that the Paducah Board of Commissioners reconvene in open session. Adopted on call of the roll yeas, Commissioner Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). ADJOURN Mayor Harless offered motion, seconded by Commissioner Abraham, to adjourn the meeting. All in favor. Meeting ended at approximately 9:56 p.m. ADOPTED: February 11, 2020 Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk February 11, 2020 RECEIVE AND FILE DOCUMENTS: Minute File: 1. Notice of Called Meeting For the Board of Commissioners of the City of Paducah, Kentucky – January 25, 2020 2. Certificate of Liability Insurance – JSC Terminal LLC dba Midwest Terminal 3. Continuation Certificate Fidelity or Surety Bonds/Policies – Jim Smith Contract Company LLC Deed File: 1. Interlocal Agreement – City of Paducah, and the County of McCracken - Hazardous Household Waste Grant Award - MO #2251 2. Interlocal Agreement – City of Paducah and County of McCracken – Edward Byrne Justice Assistance Grant (JAG) Award – MO #2286 3. FY 2020 Partnership Grant – AIR Institute SHIFT Workshop – MO #2312 Contract File: 1.Agreement to Employ Christopher Yarber as Director of Public Works – MO #2315 2.Project Management Services for Tyler EnerGov Implementation Support – ORD 2020-01-8613 Financial File: 1. Paducah Water Works – Financial Information for periods ending November 30, 2019 and December 31, 2019 Bids: 1. Fuel Contract for FY2020-21 – Midwest Terminal (only bidder) 2. Rejection of all Bid Proposals from Company of Paducah, Jim Smith Contracting Company, Wilkins Construction Company and Youngblood Excavating & Contracting – Greenway Trails Phase V project Agenda Action Form Paducah City Commission Meeting Date: February 11, 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 Agenda Action Form Paducah City Commission Meeting Date: February 11, 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: February 11, 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 Agenda Action Form Paducah City Commission Meeting Date: February 11, 2020 Short Title: Contract with McCracken County Jail for Use of Class D Workers - J ARNDT Category: Motion Staff Work By: James Arndt, Mark Thompson Presentation By: James Arndt Background Information: This Memorandum of Agreement with the McCracken County Jail would allow for Class D inmates to participate in a work program with the Paducah Parks Department. Inmates will work 6 days each week from 8:00 a.m. to 4:00 p.m. cleaning and maintaining Paducah Parks. The McCracken County Jail will provide 2 part time deputies to provide the necessary supervision of the workers. The Parks Department will provide a 15 passenger van, fuel for the van, tools & equipment, training, and maintenance duties for the workers. The Parks Department will also provide wages for the 2 part-time deputies at their base rate for no more than 48 hours per week combined. The term of this MOA will be from March 1, 2020 to November 30, 2020, then will automatically renew until terminated. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): R-4: Intensify parks maintenance and cleanliness efforts Funds Available:Account Name: Grounds/Other Account Number: 10002402-523070 Staff Recommendation: Approval Attachments: 1.Ordinance & MOA ORDINANCE NO. 2020-____-______ AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE MCCRACKEN COUNTY JAIL TO DEFINE THE DUTIES OF EACH PARTY AS IT RELATES TO A PARKS DEPARTMENT WORK PROGRAM FOR CLASS D INMATES WHEREAS, the Parks Dept. and McCracken County Jail desire to enter into an agreement to define the duties of each party as it relates to a work program for Class D Inmates to clean and maintain parks in Paducah. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Recitals and Authorization. The City hereby authorizes and approves a Memorandum of Agreement in substantially the form attached hereto Exhibit A, between the City of Paducah and McCracken County Jail to define the duties of each party as it relates to a Parks Department Work Program for Class D Inmates and authorizes the Mayor to execute said Agreement. The term of this Memorandum of Agreement will be from March 1, 2020 to November 30, 2020, then will automatically renew until terminated. SECTION 2. Expenditures. The expenditure shall be charged to the Grounds/Other, account number 10002402-523070. SECTION 3. Effective Date. 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, February 11, 2020 Adopted by the Board of Commissioners, ____________________ Recorded by Lindsay R. Parish, City Clerk, _____________________________ Published by The Paducah Sun, ______________________________ \ord\agree-Parks Maintenance – McCracken County Jail Inmates Memorandum of Agreement This Memorandum of Agreement (hereinafter referred to as “Agreement”) is made and entered into this the day of , 2020 by and between the City of Paducah, through its Parks and Recreation Department (hereinafter referred to as “Parks Dept.”) and the McCracken County Jail (hereinafter referred to as “Jail”) located at 400 South 7th Street, Paducah, Kentucky. W I T N E S S E T H : WHEREAS, Parks Dept. and Jail have deemed it appropriate that Parks Dept. use inmate labor from the Jail for a work program with Parks Dept.; and WHEREAS, the parties have come to an agreement as to the terms and conditions of such management and do now desire to formalize such agreement; and NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants as herein set forth, and other good and valuable consideration, the sufficiency, adequacy, and receipt of which is acknowledged by each party, the parties do covenant and agree as follows: 1.EFFECTIVE DATE. The effective date for this Agreement shall be March 1, 2020. 2.PRIMARY TERM: This Agreement shall be in effect until November 30, 2020. 3.RENEWAL: After the Primary Term, this Agreement shall then automatically renew each year for a term lasting from March 1 until November 30 unless terminated pursuant to Section 7 of this Agreement. 4.City of Paducah Parks Department Responsibilities: a.Parks Dept. will provide a 1999 fifteen (15) passenger van to the Jail for Jail’s use. City shall provide fuel for the van. City shall also provide maintenance and upkeep of the van. Jail shall conduct a City provided daily check-out routine for the van. b.Parks Dept. shall provide park maintenance duties for the inmates to conduct as directed by the Parks Dept. c.Parks Dept. will provide training to the inmates on how to use the tools and equipment provided by the Parks Dept. d.Parks Dept. shall provide all necessary tools and equipment to complete the duties assigned by the Parks Dept. e.Parks Dept. shall pay the normal hourly wage rate, at their base rate, for up to two (2) part time deputies who will provide the necessary supervision of the Class D inmates conducting work for the Parks Dept. These deputies shall work a maximum of forty-eight (48) hours per work. Further, these deputies shall not work any overtime without prior approval by Parks Dept. 5.McCracken County Jail Responsibilities: a.Jail shall provide Parks Dept. with four (4) Class D inmates to provide labor as assigned by the Parks Dept. during the term and any successive renewal terms. i.Inmates will work 6 days each week with each work day beginning at 8:00 a.m. and concluding at 4:00 p.m. unless otherwise directed by the Parks Dept. b.Jail shall provide 2 part time deputies to provide the necessary supervision of the Class D inmates. 6.Indemnification: To the fullest extent provided by Kentucky law, Jail shall be solely responsible for and shall hold Parks Dept. harmless from and against any and all lawsuits, claims, damages, costs and expenses, resulting from the acts or omissions of inmates or correctional officers for injuries (including death) to any and all persons including, but not limited to, any third parties, inmates, and employees of Parks Dept. unless such claims arise from the acts or omissions of Parks Dept. 7.Termination: Either party may terminate this Agreement with thirty (30) days written notice to the other party. Additionally, this Agreement may be terminated at any time by written agreement signed by both parties. 8.General Provisions: a.Assignment. Neither party may assign any rights nor delegate any duties under this Agreement without the other party's prior written consent. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns. b.Choice of Law; Forum. This Agreement will be governed by, and construed and interpreted according to, the substantive laws of the Commonwealth of Kentucky, without giving effect to its choice of law provisions. The parties hereby consent to the exclusive jurisdiction of the state courts sitting in McCracken County, Kentucky and/or the federal court for the Western District of Kentucky, Paducah Division with respect to all matters arising out of or related to this Agreement. c.Amendment. This Agreement may be amended, modified or supplemented only by a writing that refers explicitly to this Agreement and that is signed by authorized representatives on behalf of both parties. d.Waiver. No waiver will be implied from conduct or failure to timely enforce any rights. No waiver will be effective unless in writing and signed on behalf of the party against which the waiver is asserted. e.Severability. If any part of this Agreement is found invalid or unenforceable, then that part will be enforced to the maximum extent permitted by law, and the remainder of this Agreement will remain fully in force. f.Entire Agreement; Purpose and Effect of Agreement. This Agreement (including any exhibits, schedules, or attachments) constitutes the final and entire agreement between the parties relating to its subject matter and supersedes any and all prior or contemporaneous letters, memoranda, representations, discussions, negotiations, understandings and agreements, whether written or oral, with respect to such subject matter, all of the same being merged herein. g.Headings. The Article and Section headings contained herein are for reference only and shall not be construed as substantive parts of this Agreement. h.No Third Party Beneficiaries. There are no third party beneficiaries of this Agreement, and no person other than Parks Dept. and Jail shall have any legally enforceable rights hereunder. IN WITNESS WHEREOF, Paducah Parks and Recreation Department and McCracken County Jail have hereunto subscribed their names to this Memorandum of Agreement, the date first written above. MCCRACKEN COUNTY JAIL David Knight McCracken County Jailer CITY OF PADUCAH PARKS DEPTARMENT Brandi Harless Mayor STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing was acknowledged, subscribed, and sworn to before me this day of , 2020 by Brandi Harless, Mayor, on behalf of the City of Paducah. My commission expires: . Notary Public, State at Large STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing was acknowledged, subscribed, and sworn to before me this day of , 2020 by David Knight, McCracken County Jailer. My commission expires: . Notary Public, State at Large 220136 Agenda Action Form Paducah City Commission Meeting Date: February 11, 2020 Short Title: Approve Franchise Agreement Between City of Paducah and Comcast of the South - P SPENCER Category: Ordinance Staff Work By: Pam Spencer, James Arndt Presentation By: Pam Spencer Background Information: This ordinance is for the renewal of the Cable Television Franchise Agreement with Comcast of the South. The purpose of this Franchise, which has a ten-year term that would be effective March 1, 2020, is to grant a non-exclusive franchise to Comcast to continue to operate and maintain a cable television system within the City. The City issued a request for proposals for a Cable Television Franchise in January with a deadline of February 6, 2020. Comcast submitted the only proposal. The previous contract officially expired in November 2016 with the City and Comcast operating under monthly contract extensions since then. The City and Comcast have been in negotiations to renew the franchise agreement prior to the expiration. The process took longer than expected due to both sides waiting for a ruling from the Kentucky Supreme Court regarding the telecommunications tax and franchise fees. Also, a recent Order adopted by the Federal Communications Commission resulted in the need for additional language. The Franchise Agreement includes the following requirements: 1) Comcast must operate and maintain a system providing a minimum of 120 channels; 2) a ten-year franchise term; 3) requires Comcast to provide three channels available for local public, educational and governmental (PEG) programming; 4) requires Comcast to provide a subscriber drop and free monthly cable service to specified public and educational institutions; 5) requires Comcast to collect 0.90% of gross revenues to support PEG access; and 6) requires Comcast to provide a video fiber transport network connecting public facilities to Comcast’s head end facility to redistribute PEG programming over the subscriber network. 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 Franchise Agreement Between City of Paducah and Comcast Attachments: 1.Ordinance 2.Renewal-Franchise-Summary-Grogan-prepared 3.Renewal-Franchise-with-Comcast-final-Grogan ORDINANCE 2020-____-______ AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO COMCAST OF THE SOUTH TO OPERATE AND MAINTAIN A CABLE SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF PADUCAH, KENTUCKY, PURSUANT TO THE TERMS AND PROVISIONS OF THE PADUCAH ORDINANCE FOR REGULATION OF CABLE COMMUNICATIONS, AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND COMCAST OF THE SOUTH WHEREAS, Comcast filed a request with the City to activate the formal process for renewing its Cable Television Franchise Agreement (“Franchise”) pursuant to 47 U.S.C. §546(a)-(g); and WHEREAS, the City commenced a proceeding to identify the future cable- related community needs and interests and to review the performance of Comcast under its existing Franchise; and WHEREAS, the City of Paducah issued a request for proposals for a Cable Television Franchise in January 2020 with a deadline of February 6, 2020; and WHEREAS, Comcast of the South submitted the only proposal; and WHEREAS, the purpose of this Franchise is to grant a non-exclusive franchise to Comcast to continue to operate and maintain a cable television system within the City of Paducah. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized, by and on behalf of the City, to execute the Franchise Agreement between the City of Paducah, Kentucky, and Comcast of the South dated January 2, 2020. SECTION 2. There is hereby granted by the City of Paducah, Kentucky, to Comcast of the South the right and privilege to construct, operate, maintain, and extend a Cable System to all places within the City in accordance with the provisions set forth in the Franchise Agreement. SECTION 3. Franchisee shall assume the reasonable publication costs as shall be presented to the Franchisee by the City Clerk after acceptance of this Franchise by the City and appropriate publication has occurred. SECTION 4. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section paragraph and provision hereof separable from all other sections, paragraphs and provisions. 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, February 11, 2020 Adopted by the Board of Commissioners, __________________________ Recorded by Lindsay Parish, City Clerk, ___________________________ Published by The Paducah Sun, ________________________________ \ord\franchise cable 2020 CABLE TELEVISION FRANCHISE AGREEMENT FOR THE CITY OF PADUCAH, KENTUCKY AND COMCAST OF THE SOUTH January 2, 2020 i 3207698v10 TABLE OF CONTENTS PAGE Section 1. Short Title ............................................................................................................1 Section 2. Definitions ...........................................................................................................1 Section 3. Grant of Authority................................................................................................2 Section 4. Reservation of Authority ......................................................................................2 Section 5. Compliance with Applicable Laws and Ordinances ..............................................2 Section 6. Provision of Service .............................................................................................3 Section 7. Insurance, Bonds and Indemnification ..................................................................4 Section 8. System Design: Minimum Channel Capacity .......................................................5 Section 9. Interruption of Service .........................................................................................5 Section 10. Emergency Alert Capability .................................................................................5 Section 11. Technical Standards .............................................................................................5 Section 12. Special Testing .....................................................................................................6 Section 13. Access Facilities ..................................................................................................6 Section 14. Other Business Licenses.......................................................................................6 Section 15. Franchise Fees .....................................................................................................6 Section 16. Reports ................................................................................................................7 Section 17. Customer Service .................................................................................................7 Section 18. Conflicts ..............................................................................................................7 Section 19. Publication Costs .................................................................................................7 Section 20. Notices .................................................................................................................7 Section 21. Miscellaneous Provisions .....................................................................................8 Section 22. Term of Agreement ..............................................................................................8 Section 23. Force Majeure ......................................................................................................8 Section 24. Entire Agreement .................................................................................................8 ii 3207698v10 Section 25. No Third Party Beneficiaries ................................................................................8 Section 26. No Waiver of Rights ............................................................................................9 Section 27. Renewal of Franchise ...........................................................................................9 Section 28. Enforcement and Termination of Franchise ..........................................................9 Section 29. Transfer of the Franchise .................................................................................... 10 Attachment A Description of System ..................................................................................... A-1 Attachment B PEG Fiber Transport ........................................................................................ B-1 Attachment C Access Channels .............................................................................................. C-1 1 3207698v10 FRANCHISE AGREEMENT THIS AGREEMENT, with an effective date of March 1, 2020, is between the City of Paducah, Kentucky, a municipal corporation of the Commonwealth of Kentucky (“City”), and Comcast of the South (“Comcast”). WHEREAS, Comcast filed a request with the City to activate the formal process for renewing its Cable Television Franchise Agreement (“Franchise”) pursuant to 47 U.S.C. § 546(a)-(g); WHEREAS, the City commenced a proceeding to identify the future cable-related community needs and interests and to review the performance of Comcast under its existing Franchise; WHEREAS, during the course of the formal proceeding the City and Comcast agreed to revert to the informal process pursuant to 47 U.S.C. § 546(h) and enter into franchise renewal negotiations; WHEREAS, the Paducah Board of Commissioners, approved the terms of the renewed Franchise expressed herein. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein it is agreed as follows: Section 1. Short Title. This agreement may be referred to and cited as the “Franchise Agreement ” or “Franchise.” Section 2. Definitions. Except as provided below, the terms, phrases, words, and their derivations used in this Franchise shall have the meaning given in the City’s Cable Ordinance. If not defined therein, the term shall have the meaning defined in the Cable Act, and if not defined therein, such undefined term shall be construed to reflect common usage as would apply, especially in the cable television industry where applicable: (a) “Cable Act” is Title VI of the Communications Act of 1934, as amended from time to time, 47 U.S.C. § 521 et. seq. (b) “Cable Ordinance” is Chapter 22 Cable Communications of the City’s Code of Ordinances. (c) “Franchisee” is Comcast of the South, or its lawful successor, transferee or assignee. (d) “Wireline MVPD” is a multichannel video programming distributor that utilizes the Streets to install cable or fiber and is engaged in the business of making available for purchase, by Subscribers, multiple Channels of video programming in the City. 2 3207698v10 Section 3. Grant of Authority. (a) There is hereby granted by the City to the Franchisee the right and privilege to construct, operate, maintain, and extend a Cable System to all places within the City in accordance with the provisions herein. The rights granted hereunder shall be non-exclusive and shall not be transferred or assigned wit hout the prior approval of the City as provided for in Section 29, herein. (b) The Franchisee shall have the right to use and occupy Streets and Public Ways and Utility Easements for the purpose of installing and maintaining its wires, cables, and associated equipment in or on poles, by direct burial, or in underground conduits as necessary for the operation of the Cable System to provide Cable Service. This authority, however, does not obviate the need for obtaining permits from the City for construction involving the disturbance of Streets and for compliance with all City regulations and requirements relative to construction and operation of facilities in the Public Ways. The Cable System constructed and maintained by Franchisee or its agents shall not interfere with other uses of Streets. Nothing in this Franchise shall be construed to prohibit the Franchisee from providing services other than Cable Services as permitted by Applicable Law. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give up any regulatory right of the City. Section 4. Reservation of Authority. The Franchisee specifically agrees to comply with the lawful provisions of the City Code and applicable regulations of the City. Subject to the police power exception below, in the event of a conflict between A) the lawful provisions of the City Code or applicable regulations of the City and B) this Franchise, the express provisions of this Franchise shall govern. Subject to express federal and state preemption, the material terms and conditions contained in this Franchise may not be unilaterally altered by the City through subsequent amendments to the City Code, ordinances or any regulation of City, except in the lawful exercise of City's police power. Franchisee acknowledges that the City may modify its City Code and regulatory policies by lawful exercise of the City's police powers throughout the term of this Franchise. Franchisee agrees to comply with such lawful modifications to the City Code; however, Franchisee reserves all rights it may have to challenge such modifications to the City Code whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. Nothing in this Franchise shall (A) abrogate the right of the City to perform any public works or public improvements of any description, (B) be construed as a waiver of any codes or ordinances of general applicability promulgated by the City, or (C) be construed as a waiver or release of the rights of the City in and to the Streets. Section 5. Compliance with Applicable Laws and Ordinances. (a) The Franchisee voluntarily makes the following express representations: (1) Franchisee has examined all provisions of the Cable Ordinance and accepts and agrees to all the provisions of the Cable Ordinance as of the date of this Franchise’s enactment, unless otherwise provided for herein. 3 3207698v10 (b) Notwithstanding any provision to the contrary, if a non-wireless facilit y based entity, legally authorized by state or federal law, makes available for purchase by Subscribers or customers “Cable Service” or its functional equivalent (including , but not limited to, Video Programming under 47 U.S.C. § 571(a)(3) or § 573) within the Franchise Area (“new Wireline MVPD”) with or without a Franchise or other similar lawful authorization granted by the City, and the City has the legal authority to mandate that new Wireline MVPD obtain a franchise or other similar lawful authorizatio n from the City, then the City shall permit the Franchisee to construct and/or operate its Cable System and provide multi-channel video programming or its equivalent to Subscribers in the City under equivalent material terms and conditions when considered as a whole, as applicable to the new Wireline MVPD. “Material terms and conditions” include, but are not limited to: Franchise Fees and Annual Gross Revenues definition; the number of Public, Education and Government Access Channels and the transportation of those PEG Channels to the headend and the PEG Fee; customer service standards; and proportionate courtesy Cable Services. Within ninety (90) days after the Franchisee submits a written request to the City, the Franchisee and the City shall, following good faith negotiations and mutual agreement, enter into an agreement or other appropriate authorization (if necessary) containing the equivalent Material terms and conditions as are applicable to the new Wireline MPVD. If the parties are unable to reach agreement , following good faith negotiations, either party may seek review in a court of competent jurisdiction. Nothing herein shall in any way limit or reduce Franchisee’s right to provide Cable Service in the City under Applicable Laws, nor the City’s right to regulate Franchisee’s provision of Cable Service in the City under Applicable Laws. The provisions of this Section 5(b) shall apply to any wireline facility owned or operated by the City. Section 6. Provision of Service. (a) The Franchisee shall extend Cable Service to all residents within the City in accordance with the following standards. (1) General Service Obligation. The Franchisee shall provide Cable Service to every residential dwelling unit within the Franchise Area reaching the minimum density of at least twenty (20) dwelling units per mile measured from the nearest technically feasible point of connection to Franchisee’s existing distribution cable. The Franchisee shall offer Cable Service to all new homes or previously unserved homes located within one hundred fifty (150) feet of the Franchisee’s existing distribution cable. (2) The Franchisee may elect to provide Cable Service to areas not meeting the above density and distance standards. In so doing, the Franchisee may impose an additional charge in excess of its Standard Installation charge for any service installation requiring a Drop in excess of the above standards. Any such additional charge shall be computed on a time plus materials basis to be calculated on that portion of the installation which exceeds the one hundred fifty (150) foot standard set forth above. In the event of annexation into the Franchise Area, the Franchisee is not obligated to provide service to the area unless it meets 4 3207698v10 the twenty (20) dwelling units per mile measured from the nearest technically feasible point of connection to Franchisee’s existing distribution cable. (b) Franchisee shall maintain the existing installations consisting of one (1) Drop and one (1) outlet at City Hall, the McCracken County Public Library, each fire and police station, the public works facility and floodwall maintenance shop, the parks department and Paducah-McCracken County Senior Center, the information technology/911 facility, the Paducah Recreation Center and each public and private accredited K-12 school within the City including the Board of Education. Any charge for relocation of such installation shall be charged at Franchisee’s current rate for such work. Additional installations at the same location shall be made by Franchisee only upon request of the City and at Franchisee’s current rate for such work. (1) No sooner than thirty (30) days of the effective date of this Franchise, the Franchisee may provide the City with a price list for the purchase of Cable Services and equipment at the locations listed in Section 6(b) above. The City shall have up to one hundred and twenty (120) days within which to designate the level of Cable Service to be provided at each location. The total charge for the Cable Service requested and necessary equipment shall be invoiced to the City as elected by the City. Franchisee agrees that charges for Cable Service imposed upon the City shall be set at rates no more burdensome nor less favorable than those charged by Franchisee to its cable customers within the Franchise Area. (2) In the event the FCC’s Third 621 Order is stayed or is finally reversed on appeal as to the issue of complimentary Cable Services constituting Franchise Fees, the City may request , and Franchisee shall provide, at no cost, Basic Cable Service be provided at the locations listed in Section 6(b) above. However, in no event shall Franchisee be obligated to provide such complimentary Basic Cable Service to more than twenty (20) locations in the City. (c) To the extent prohibited by Applicable Law, no complimentary service obligations shall be enforceable if it would cause the Franchisee or the receiving entity to violate e-rate gift prohibitions or similar restrictions. (d) Unless otherwise preempted by Applicable Law, Subscriber rates may be set and modified pursuant to Sec. 22-71 of the Cable Ordinance. The City reserves the right to implement rate regulation and prescribe procedures for establishing and modifying rates when, and to the extent, permitted by federal law and/or FCC rules. Section 7. Insurance, Bonds and Indemnification. (a) The insurance, performance bond and indemnific ation obligations as specified in Sec. 22-46 of the Cable Ordinance shall apply. Franchisee shall continue to comply with Section 22-46 of the Cable Ordinance. Upon the effective date of this Franchise, nothing in this Section 7 shall require Franchisee to refile documentation with 5 3207698v10 the City so long as Franchisee is currently in compliance with Section 22 -46 of the Cable Ordinance. Notwithstanding the foregoing, the Franchisee shall not be obligated to indemnify the City for any damages, liability or claims resulting from the willful misconduct or negligence of the City or for the City’s use of the PEG Channels . Section 8. System Design: Minimum Channel Capacity. (a) Franchisee shall develop, construct, operate, and maintain for the term of this Franchise, a System providing a minimum of one hundred twenty (120) Channels of programming consistent with the specifications attached hereto as Exhibit A. (b) The System is a hybrid fiber-coaxial architecture. In addition, the System will be designed with the capability to transmit return signals upstream in spectrum to be determined by Franchisee. (c) All programming decisions shall be made by Franchisee in accordance with applicable law, provided that Franchisee notifies City and Subscribers in writing thirty (30) days prior to any Channel deletions or realignments, and further subject to Franchisee’s signal carriage obligations pursuant to 47 U.S.C. § 531-536, and further subject to City’s rights pursuant to 47 U.S.C. § 545. Location and relocation of the PEG Access Channels shall be governed by Attachment C attached hereto. Such written notices may be delivered electronically. Section 9. Interruption of Service. Franchisee shall interrupt Service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the System. If Service is interrupted for a total period of more than twenty-four (24) continuous hours in any thirty (30) day period, Subscribers shall, upon request, be credited pro rata for such interruption. Section 10. Emergency Alert Capability. At all times during the term of this Franchise, Franchisee shall provide and maintain an Emergency Alert System (EAS) consistent with Applicable Laws including 47 C.F.R., Part 11, as may be amended or modified from time to time, and the Kentucky Emergency Management (KYEM) requirements. The City may identify authorized emergency officials for activating the EAS consistent with the KYEM requirements. The City may also develop a local plan containing methods of EAS message distribution, subject to applicable laws and the KYEM requirements. Nothing in this section is inte nded to expand Franchisee’s obligations beyond that which is required by the KYEM requirements and Applicable Law. Section 11. Technical Standards. The technical standards used in the operation of the System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal Regulations . To the extent those standards are altered, modified or amended during the term of this Franchise, the Franchisee shall comply with such alterations, modifications or amendments within a reasonable period after their adoption by the FCC. In addition, Franchisee is subject to the technical standards outlined in Attachment A, attached hereto. 6 3207698v10 Section 12. Special Testing. Pursuant to the FCC’s Report & Order in In re Cable Television Technical and Operational Standards issued September 25, 2017, the City may request testing of compliance with signal quality standards in response to a pattern of customer complaints regarding signal quality. If such special testing establishes that the System meets all required FCC technical standards, the City shall bear its expense for such special testing. If such special testing establishes that the System does not meet all required FCC technical standards, Franchisee shall bear the City’s expense for such special testing. Section 13. Access Facilities. (a) The Franchisee shall provide Access Channels and Services pursuant to the requirements of Attachment C hereto. No later than sixty (60) days after the effective date of this Franchise, Franchisee shall collect on behalf of City a per Subscriber fee of Nine Tenths percent (.90%) of Annual Gross Revenues to support PEG access in the City pursuant to federal law (hereinafter “PEG Fee”). The payment of PEG Fees shall be made on a quarterly basis and shall be due forty-five (45) days after the close of each calendar quarter in the same manner as Franchise Fee payments are remitted pursuant to Section 15 herein. The PEG Fee may be reduced based upon mutual agreement of the parties. Consistent with Section 21(d) of this Franchise, in the event the imposition of a PEG Fee is determined to be unenforceable under Applicable Law or is otherwise declared invalid by any court, agency, commission, legislative body, or other authority of competent jurisdiction the PEG Fee shall no longer be enforceable under this Franchise absent a subsequent change in Applicable Law. (b) The PEG Fee may be used by City to fund PEG expenditures in accordance with Applicable Law. (c) The PEG Fee may be categorized, itemized and passed through to Subscribers as permissible, in accordance with 47 U.S.C. § 542 or other Applicable Laws. Franchisee shall pay the PEG Fee to the City on a quarterly basis. Any PEG Fees owing pursuant to this Franchise which remain unpaid more than thirty (30) days after the date the payment is due shall be delinquent and shall thereafter accrue interest compounded at the Wall Street Journal Prime rate plus two percent (2%). (d) Franchisee shall provide PEG Fiber Transport as described in Exhibit B. (e) Franchisee shall not be obligated to comply with Section 22-39(c) of the Ordinance. Section 14. Other Business Licenses. This Franchise authorizes only the operation of a Cable System as provided for herein, and does not take the p lace of any other generally applicable franchise, license, or permit which might be required of the Franchisee by law. Section 15. Franchise Fees. (a) Franchisee shall pay City a Franchise Fee in an amount equal to five percent (5%) of Annual Gross Revenues derived by the Franchisee from the operation of the Cable System in the Franchise Area to provide Cable Services. The payment of 7 3207698v10 Franchise Fees shall be made on a quarterly basis and shall be due forty-five (45) days after the close of each calendar quarter. Each Franchise Fee payment shall be accompanied by a report prepared by a representative of the Franchisee showing the basis for the computation of the Franchise Fees paid during that period . Any Franchise fees owing pursuant to this Franchise which remain unpaid more than thirty (30) days after the date the payment is due shall be delinquent and shall thereafter accrue interest compounded at the Wall Street Journal Prime rate plus two percent (2%). The City shall have the right to audit Franchisee’s Franchise Fee payments in accordance with the Cable Ordinance at Section 22-72. (b) Nothing in this Franchise shall in any way be construed to prohibit the City from collecting any generally applicable fees, taxes or assessments as may be permitted by Applicable Laws. Section 16. Reports. Within ninety (90) days of the end of its fiscal year and only in response to a written request by the City, the Franchisee shall file with the City the repo rts required by Sec. 22-45 of the Cable Ordinance. Section 17. Customer Service. The Franchisee shall provide customer service consistent with the provisions of Article IV – Customer Protection and Service Standards of the Cable Ordinance. Section 18. Conflicts. In the event of a conflict between this Franchise and the Cable Ordinance, the Franchise shall prevail and control. Section 19. Publication Costs. Franchisee shall assume the reasonable publication costs as shall be presented to the Franchisee by the City Clerk after acceptance of this Franchise by the City and appropriate publication has occurred. Section 20. Notices. All formal notices under this Franchise shall be delivered by hand, U.S. mail (certified or regist ered), or any courier service that verifies the date of delivery and shall be considered given upon the date of receipt. Notices shall be sent to the City and Franchisee as follows: City: Attention: City Manager 300 South Fifth Street Paducah, Kentucky 42003 Franchisee: Comcast Cable, Heartland Region Attention: Vice President of Government & Regulatory Affairs 41112 Concept Drive Plymouth, MI 48170 with a nonbinding Comcast Cable courtesy copy to: Attention: Government Affairs Department 600 Galleria Parkway, Suite 1100 Atlanta, GA 30339 8 3207698v10 and Comcast Cable Government Affairs Department 1701 JFK Blvd., 49th Floor Philadelphia, PA 19103 Section 21. Miscellaneous Provisions. (a) Whenever this Franchise shall set forth any time for an act to be performed by or on behalf of the Franchisee, such time shall be deemed of the essence. (b) This Franchise may not be amended except by written instrument agreed to and executed by both parties hereto. (c) This Franchise shall be deemed to be executed in the County of McCracken, Commonwealth of Kentucky, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with the laws of the Commonwealth of Kentucky, as applicable to contracts entered into and performed entirely within the Commonwealth. (d) If any section, subsection, sentence, clause, phrase, or other port ion of this Franchise is, for any reason declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Su ch declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect . Section 22. Term of Agreement . The term of this Franchise shall be ten (10) years, beginning on March 1, 2020, unless renewed, revoked, or terminated sooner as herein provided. Section 23. Force Majeure. The Franchisee shall not be held in default under, or in noncompliance with, the provisions of this Franchise or the Cable Ordinance, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the Franchise), where such noncompliance or alleged defaults occurred or were caused by strike, riot, war, earthquake, flood, tida l wave, unusually severe rain or snow storm, hurricane, tornado , wild fire or other catastrophic act of nature, failure of utility service (through no fault of Franchisee) necessary to operate the Cable System, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the Franchisee’s ability to anticipate or control. Section 24. Entire Agreement . This Franchise, including all Attachments, embodies the entire understanding and agreement of the City and the Franchisee, supersedes all prior agreements or proposals except as specifically set forth herein, and cannot be changed orally but only by an instrument in writing executed by the parties. Section 25. No Third Party Beneficiaries. Nothing in this Franchise or any prior agreement is or was intended to confer third-party beneficiary status on any member of the public to enforce the terms of such agreements or Franchise. 9 3207698v10 Section 26. No Waiver of Rights. Nothing in this Franchise shall be construed as a waiver of any rights, substantive or procedural, the Franchisee may have under federal or state law unless such waiver is expressly stated herein. Section 27. Renewal of Franchise. The renewal of this Franchise shall be governed by and comply with the provisions of 47 U.S.C. § 546 of the Cable Act, as amended. Section 28. Enforcement and Termination of Franchise. (a) Notice of Violation or Default . In the event the City believes that the Franchisee has not complied with the material terms of this Franchise, it shall notify the Franchisee in writing with specific details regarding the exact nature of the alleged noncompliance or default. (b) Franchisee’s Right to Cure or Respond. The Franchisee shall have thirty (30) days from the receipt of the City’s notice described in Section 28(a), above: (i) to respond to the City, contesting the assertion of noncompliance or default, or (ii) to cure such default, or in the event that, by nature of the default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remed y such default and notify the City of the steps being taken and the projected date that they will be completed. (c) Public Hearings. In the event the Franchisee fails to respond to the City’s notice described in Section 28(a), above, or in the event that the alleged default is not remedied within thirty (30) days or such longer time period as may be mutually agreed upon by City and Franchisee, pursuant to Section 28(b), above, the City shall schedule a public hearing regarding the default. Such public hearing shall be held at the next regularly scheduled meeting of the City that is scheduled at a time, which is no less than ten (10) business days therefrom. The City shall notify the Franchisee in writing of the time and place of such meeting and provide the Franchisee with a reasonable opportunity to be heard. (d) Enforcement . Subject to applicable federal and state law, in the event the City, after such public hearing, determines that the Franchisee is in default of any provision of the Franchise, the City may: (1) draw from the performance bond required by Section 22-46 of the Cable Ordinance; (2) seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages or seek other equitable relief; or (3) in the case of a substantial default of a material provision of the Franchise, declare the Franchise to be revoked in accordance with the following: (i) The City shall give written notice to the Franchisee of its intent to revoke the Franchise on the basis of noncompliance by the Franchisee, including one (1) or more instances of substantial 10 3207698v10 noncompliance with a material provision of this Franchise Agreement. The notice shall set forth with specificity the exact nature of the noncompliance. The Franchisee shall have thirty (30) days from the receipt of such notice to object in writing and to state its reasons for such objection. In the event the City has not received a satisfactory response from the Franchisee, it may then seek termination of this Franchise Agreement at a public hearing. The City shall cause to be served upon the Franchisee, at least ten (10) days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to request termination of the Franchise. (ii) At the designated hearing, the City shall give the Franchisee an opportunity to state its position on the matter, present evidence, after which it shall determine whether or not the Franchise shall be revoked. The public hearing shall be on the record and a written transcript shall be made available to the Franchisee within ten (10) business days. The decision of the City shall be in writing and shall be delivered to the Franchisee in the manner set forth in Section 20, herein. The Franchisee may appeal such determination to an appropriate court. Such appeal to the appropriate court must be taken within sixty (60) days of the issuance of the determination of the City. (iii) The City may, at its sole discretion, take any lawful action that it deems appropriate to enforce its rights under the Franchise in lieu of revocation. Section 29. Transfer of the Franchise. Notwithstanding anything to the contrary in the Cable Ordinance or this Franchise, neither the Franchisee nor any other Person may transfer the Cable System or this Franchise without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. No transfer of control of the Franchisee defined as an acquisition of fifty-one (51) percent or greater ownership interest in Franchisee shall take place without the prior written consent of the City. No such consent shall be required, however, for (i) a transfer in trust, by mortgage, hypothecation, or by assignment of any rights, title, or interest of the Franchisee in this Franchise or the Cable System in order to secure indebtedness, or (ii) a transfer to an entity directly or indirectly owned or controlled by Comcast Corporation. The City shall, in accordance with FCC rules and regulations, notify the Franchisee in writing of information it requires, if any, to determine the legal, financial, and technical qualifications of the transferee. So long as required by applicable FCC regulations, if the City has not taken action on the Franc hisee’s request for transfer within one hundred twenty (120) days after receiving such request, consent to the transfer shall be deemed given. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as follows: 11 3207698v10 1st Reading , 20__ 2nd Reading , 20__ CITY OF PADUCAH, KENTUCKY ATTEST: Date: , 20__ Date: , 20__ By: By: Name: Name: Title: Mayor Title: City Clerk COMCAST OF THE SOUTH Date: , 20__ By: Name: Title: STATE OF ____________ ) ) ss. COUNTY OF ___________) The foregoing instrument was subscribed and sworn to before me this day of , 20__, by , , of Comcast of the South. Notary Public SEAL A-1 3207698v10 ATTACHMENT A DESCRIPTION OF SYSTEM 1. System. The Cable System shall be designed, constructed, routinely inspected, and maintained to guaranty the Cable System meets or exceeds the requirements of the most current additions of the National Electrical Code (NFPA 70) and the National Electrical Safety Code (ANSI C2). 2. General Requirements. Franchisee shall use equipment used in high-quality, reliable, modern Cable Systems of similar design. 3. Technical Specifications. The System shall meet or exceed FCC requirements. The System shall be designed such that no noticeable degradation in signal quality attributable to the System will appear at the Subscriber terminal. B-1 3207698v10 ATTACHMENT B PEG FIBER TRANSPORT PEG Fiber Transport . 1. The Franchisee shall continue to provide, at no charge or reimbursement of Franchisee’s costs, during the term of the Franchise, the transmission of the PEG origination locations via the bi-directional facility that connects the locations listed in paragraph 2 below to the Franchisee’s head end facility that exists as of the effective date of this Franchise (“V ideo Fiber Transport Network”). 2. The Video Fiber Transport Network shall serve all of the PEG origination locations listed below. West KY Community and Technical College Main Campus 4810 Alben Barkley Drive West KY Community and Technical College Technical Campus 4810 Alben Barkley Drive McCracken County Courthouse 300 South 7th Street Paducah City Hall 300 South 5th Street McCracken County Public Library 555 Washington Street 3. Transport equipment for the purpose of inserting Video Programming on the Video Fiber Transport Network, to the extent not already installed as of the effective date of this Franchise, shall be the responsibility of the Franchisee. Franchisee shall purchase and install the transmitters/encoders and receivers needed at the locations in paragraph 2 above, if needed. Maintenance costs of the PEG transport network (“Transport Maintenance”) will be at the City’s expense. Franchisee will provide the City with prior notice of the anticipated costs of the Transport Maintenance at the time such maintenance is suggested by the Franchisee or requested by the City, and Franchisee shall invoice the City for such costs upon completion of the work. 4. All other PEG production equipment and transmitting equipment (on City’s side of the demarcation point) shall be the responsibility of the City to purchase, install and maintain. 5. The Video Fiber Transport Network shall be capable of carrying Video Programming inserted at the locations in paragraph 2, above, upstream to the headend for redistribution over the Subscriber network. 6. The Franchisee will be given up to six (6) months from execution of this Franchise Agreement to construct and implement the Video Fiber Transport Network. B-2 3207698v10 PEG Fiber Transport Diagram WKCC - Main control location Switcher/ Router Paducah City Hall control location Switcher McCracken County Courthouse partner location McCracken County Library WSIU Paducah Headend Channel 7 Channel 2 and 11 C-1 3207698v10 ATTACHMENT C ACCESS CHANNELS I. GENERAL A. The Franchisee shall provide Access Channels sufficient to meet community needs during the term of the Franchise as provided for herein. B. Access Channel operations must conform to the following minimum requirements: 1. Access Channels shall be carried o n the Franchisee’s lowest priced Cable Service offering in accordance with Section 611 of the Cable Act. 2. Subject to Section II.A.2 below, the Franchisee shall have no control over the content of any programming carried on Access Channels. The Authority may select a non-profit corporation or other entity to manage the Access Channels consistent with the requirements of the Cable Ordinance, this Franchise, and Applicable Law. 3. Upon the effective date of this Franchise and the subsequent acceptance of this Franchise, the Franchisee agrees to continue to provide three (3) Access Channels. 4. All programming transmitted over the Access Channels shall be non- commercial in nature. Program material to be distributed on Access Channels shall contain no advertising or commercial content. Franchisee and City agree that City or the producer or distributor of such programming may include acknowledgments for Persons, which sponsor or underwrite access programming in a manner substantially similar to the sponsorship information provided on the Public Broadcasting System (PBS). C. Access Channels shall be operated in conformity with the provisions of th is Franchise and the Cable Ordinance. D. An Access user, whether an individual, educational or governmental user, or any other lawful entity, acquires no property or other interest by virtue of the use of a Channel so designated, and may not rely on the continued use of a particular Channel number, no matter how long the same Channel may have been designated for such use. Franchisee, however, shall not relocate any Access Channel to a different Channel number without first giving thirty (30) days advanced written notice to the City. The Franchisee shall endeavor to provide as much advance notice as possible to City for any Access Channel relocation. E. In the event any Access Channel(s) is relocated, Franchisee shall reimburse City up to Three Thousand and No/100 Dollars ($3,000.00) for all reasonable actual costs associated with such a move including change of letterhead, promotion of the new C-2 3207698v10 Channel location and promotional spots for the new location and inform Subscribers of the new Channel location through bill inserts and newspaper advertisements. F. Franchisee shall provide the Access Channels as part of the Cable Service provided to any Subscriber, at no additional charge to the City, access users or Subscribers other than the permitted basic services fee under applicable law so that the Access Channels are viewable by the Subscriber without the need for additional equipment beyond that required to receive the lowest priced Cable Service offering. G. To the extent the configuration of the Cable System allows for detailed program listings to be included on the digital Channel guide, Franchisee will allow City to make arrangements with the Channel guide vendor to make detailed programming listings available on the guide. The City will be solely responsible for providing the program information to the vendor in the format and timing required by the vendor and shall bear all costs of this guide service. H. The Franchisee shall make a reasonable effort to group Access Channels with like Channels in the lowest cost SD and HD tier, and will be located in reasonable proximity to broadcast channels and other basic mainstream cable/satellite Channels. I. The Franchisee shall maintain all existing upstream and downstream Access Channels and connections at the same level of technical quality and reliabil ity required by this Franchise and all other Applicable Laws. Franchisee, in accordance with Applicable Law, shall provide routine maintenance and shall repair and replace all transmission equipment, including transmitters/receivers, associated cable and equipment in use upon the effective date of this Franchise, necessary to carry a quality Access Channel signal to and from a designated demarcation point between the City and Franchisee as set forth in Attachment B. J. In the event Franchisee makes any change in the Cable System and related equipment and facilities or in Franchisee's signal delivery technology, which directly or indirectly affects the signal quality or transmission of Access Channels or Access programming or requires City to obtain new equipment in order to be compatible with such change for purposes of transport of and delivery of any Access Channels (SD or HD), Franchisee shall, at its own expense and free of charge to City, take necessary technical steps or provide necessary technical assistance and training of City's Access personnel to ensure that the capabilities of Access services are not diminished or adversely affected by such change. K. Unused Access Channel capacity may be utilized by Franchisee. Because blank or underutilized Access Channels are not in the public interest, in the event the City or other Access Channel user elects not to fully program its Channel(s), the Franchisee may program unused time on such Channels subject to reclamation by the City upon no less than sixty (60) days’ notice. C-3 3207698v10 L. The Franchisee shall not be obligated to indemnify the City for any damages, liability or claims resulting from the willful misconduct or gross negligence of the City for the City’s use of any PEG Access Channels. M. The City will obtain from any non-governmental Access Channel programmer or user a written statement indemnifying Franchisee and the City from all claims regarding that party’s programming or use of Access Channels. N. Indemnification. The Franchisee shall not be requ ired to indemnify City for any liability, loss or damage due to violation of the intellectual property rights of third parties or arising out of the content of programming shown on any PEG channel and from claims arising out of the City’s rules for or administration of the PEG Access Channels. II. ACCESS CHANNELS A. Public Access Channel 1. The Franchisee shall provide capacity on one (1) Channel for public access purposes originating at West Kentucky Community & Technical College located at 4810 Alben Barkley Dr. 2. The City shall provide access to such capacity on a first -come-first served, non-discriminatory basis. The City, however, may reserve the right to limit the amount of time granted any one party in order to ensure that all users have access opportunity. Use limitations may be imposed only in those situations where demand exceeds availability. 3. The Franchisee shall not exercise any control over program content with the following exceptions: (a) A participant in public access cablecasting may not present any advertisement of, or information concerning any lottery, gift, enterprise or similar scheme, offering change, or any list of prizes. This prohibition does not apply to advertisement of, or information concerning state-conducted lotteries where the transmission is permitted by federal statute or FCC rules and regulations. (b) A participant in public access cablecasting may not present obscene material. (1) Franchise shall not exercise editorial control over any use of Access Channel capacity, except the Franchisee may pre-screen or take other appropriate steps to ensure that obscene materials are not cablecast. Such steps may include, but not be limited to, requesting that the offending portions be deleted or by refusing to allow the program on the System. C-4 3207698v10 (2) A participant may not present any advertising material designed to promote the sale of commercial products or services, including advertising by or on behalf of candidates for public office on any Access Channel. However, this is not to be construed to mean that candidates for public office may not appear on any Access Channel in behalf of their candidacy providing their appearance is in accor dance with statutory requirements and FCC rules and regulations. B. Government Access Channel 1. The Franchisee shall provide capacity on one (1) Channel for government access purposes originating at Paducah City Hall located at 300 South 5th Street. This Channel shall be made available in order to increase the general public’s awareness of local governments by allowing for live or recorded coverage of Paducah City Commission and the McCracken County Fiscal Court meetings, planning commission meetings, special hearings, committee meetings, and discussions of independent boards, commissions, and City and county departmental programs. The Franchisee shall cooperate with the City and provide assistance, advice and technical aid necessary to provide maximum utilization of the governmental Access Channel for whatever needs arise. This provision does not include actual production assistance. To the extent Franchisee imposes charges on the City for any assistance, advice and technical aid, Franchisee will provide advance written notice to City before any charges are imposed and invoiced to the City. 2. The governmental Access Channel shall serve as a means for the Mayor, Judge/Executive, City and County officials to communicate with the citizens of the Paducah Community. More specifically this Channel shall be regularly used to provide the Paducah Community with up to date information regarding day-to- day operations of the City, County, state and Federal governments. C. Educational Access Channel 1. The Franchisee shall dedicate capacity on one (1) Channel for the use by educational institutions such as primary and secondary schools, but not “home” schools, in the City of Paducah and McCracken County. It originates at the McCracken County Public Library located at 555 Washington Street. 2. To the extent not otherwise provided for in Section II. A.3 above, the Franchisee shall not exercise any control over programming. D. City shall retain title to all PEG equipment currently in use for PEG purposes which was purchased by Franchisee during the preceding franchise term. C-5 3207698v10 III. VIDEO ON DEMAND A. To accommodate PEG programming in HD, Comcast will provide, for as long as the Franchisee makes video on demand (“VOD”) available on its Cable System, in its VOD offerings twenty-five (25) hours of either SD or HD Access programming or a combination of both or such greater amount as may be mutually agreed to by the parties, as designated and supplied by the City to the Franchisee. Franchise and City shall execute a Video on Demand Licensing Agreement. Franchisee will not charge the City for VOD unless Applicable Law allows Franchisee to impose such a charge and any such change will be set at rates that are not discriminatory against the City. B. The City’s content may be electronically transmitted and/or transferred and shall be stored on the Franchisee’s VOD system. The City VOD Access programming will be available to Subscribers twenty-four (24) hours per day, seven (7) days per week. Any City Access programming pla ced on VOD shall be available to Subscribers free of charge. The Franchisee will provide, upon City’s request, any aggregate data regarding Subscriber use of the City’s programming on the VOD platform, if available to Franchisee. Access programming content shall have the same viewing quality and features (including program descriptions and search function) as all other free VOD content on Franchisee’s Cable System. Programming submitted for placement on the VOD system shall be placed on and available for viewing from the VOD system as soon as possible from time of receipt of said programming and Franchisee will make best efforts to provide a 24-hour turn-around, and in no case longer than seventy-two (72) hours from receipt of said programming. Franchisee agrees to treat Access VOD programming in a nondiscriminatory manner as compared to other similarly sit uated providers of VOD content. C. The City shall have the sole discretion to select the content of such Access VOD programming and shall be responsible for such content. The City’s VOD programming will be located on Franchisee’s on-demand menu pages on the second page or higher on a button with the City’s choice of label). The City’s Access VOD programming will be available in the City’s Franchise Area, or more broadly distributed at Franchisee’s option. D. To the extent permitted, Franchisee shall authorize City to obtain from Franchisee’s third party vendor, free of charge and at no cost to the City, monthly viewership/traffic reports showing statistics for Access VOD programs, or Franchisee shall provide (or require its third party vendor to provide) the City with access to online dashboard analytics allowing City staff to directly access traffic information.