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Home My WebLink AboutCCMPacket2020-02-25CITY COMMISSION MEETING AGENDA FOR FEBRUARY 25, 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 Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA A.Approve Minutes for February 11, 2020 B.Receive & File Documents C.Appointment of Chris Cappock to the Brooks Stadium Commission. D.Personnel Actions E.Adopt the Updated FY2020 Pay Grade Schedule - S SUAZO F.Adopt the Updated FY 2020 Position & Pay Schedule - S SUAZO G.Acceptance of the KYTC Transportation Alternative Program grant in the amount of $432,500 for the Greenway Trails Phase V Project - R MURPHY H.Application for the COPS Hiring Program (CHP) Grant in the amount of $375,000 - B LAIRD I.Application for the FY2019 Assistance to Firefighters Grant in the amount of $34,200- S KYLE J.Declaration and Sale of Surplus Property-831 Campbell Street - T TRACY K.Declaration and Sale of Surplus Property - 2706 Ohio Street - T TRACY L.Accept the 2020 Parks and Recreation Master Plan - M THOMPSON II. MUNICIPAL ORDER(S) A.Contract with Remotec, Inc. to purchase an Explosive Ordinance Disposal Robot for the Police Department Bomb Squad for $442,064 - B LAIRD III. RESOLUTION(S) A.Resolution to Postpone Request for Bids for Sports and Recreational Facility to March of 2021 - R ABRAHAM IV. ORDINANCE(S) - ADOPTION A. Approve Franchise Agreement Between City of Paducah and Comcast of the South - P SPENCER V. ORDINANCE(S) - INTRODUCTION A.Approval of contract with Adam's Contracting, LLC in the amount of $274,121 for the Perkins Creek "Bob Leeper" Pedestrian Bridge project - R MURPHY B.Approval of Professional Services Contract with BFW Engineering & Testing, Inc. in the amount of $52,204 for the Floodwall Seal Closure Project - R MURPHY C.Amend Code of Ordinances Section 78-32 Related to Vacation Leave - S SUAZO D.Approve a Budget Amendment in the amount of $1.5 Million for BUILD Grant Match and Project Related Expenses - J ARNDT VI. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VII. EXECUTIVE SESSION February 11, 2020 At a Regular Meeting of the Board of Commissioners, held on Tuesday, February 11, 2020, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Pro Tem Abraham presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners McElroy, Watkins, Wilson and Mayor Pro-Tem Abraham (4) Mayor Harless was unable to attend the meeting. INVOCATION: Commissioner McElroy led the Invocation. PLEDGE OF ALLEGIANCE Mayor Pro-Tem Abraham led the pledge. PRESENTATION Public Information Officer Pam Spencer provided the following summary on the presentation presented: 2020 Census Presentation Partnership Specialist Mark Wattier with the U.S. Census Bureau and Paducah McCracken County’s Complete Count Committee (CCC) Chair Zana Renfro provided a presentation about the upcoming 2020 Census. Renfro encouraged the community by saying, “Let’s get out and make sure you are counted in the Census.” Renfro adds, “We want the response to be the best reflection of our community.” Wattier and Renfro have been working to gather community partners to help spread the word including local governments, utility companies, the Housing Authority of Paducah, and the McCracken County Public Library. Wattier says in early to mid- March, residents will receive invitations to complete the census questionnaire with options to complete it by phone, online, or paper copy. Wattier also discussed the importance of a complete and accurate count in determining congressional representation, the determination of legislative, school, and voting districts, and the appropriation of federal funding. Part-time jobs are available with the Census Bureau. Visit https://census.gov/jobs CONSENT AGENDA Mayor Pro-Tem Abraham asked if the Board wanted any items on the Consent Agenda removed for separate consideration. There were no items removed. Mayor Pro-Tem asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for the January 25, 2020, called Meeting of the Board of Commissioners for the City of Paducah and for the January 28, 2020, Meeting of the Board of Commissioners for the City of Paducah I(B) 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 February 11, 2020 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 I(C ) Reappointment of Edward Hely to the Electric Plant Board. This term shall expire February 6, 2024 I(D) Reappointment of David Barnett to the Board of Ethics. This term shall expire February 10, 2023 I(E) Reappointment of William E. Shannon to the Paducah Water Board. This term shall expire January 6, 2024 I(F) Reappointment of Beverly McKinley to the Code Enforcement Board. This term shall expire February 26, 2023 I(G) Personnel Actions Mayor Pro-Tem Abraham offered motion, seconded by Commissioner McElroy, that the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Mayor Pro-Tem Abraham, McElroy, Watkins, and Wilson (4) ORDINANCE(S) – ADOPTIONS APPROVE FUEL CONTRACT FOR 2020-2021 Commission McElroy offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt 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 February 11, 2020 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. Adopted on call of the roll, yeas, Mayor Pro-Tem Abraham, McElroy, Watkins, Wilson (4). (ORD #2020-02-8615, BK 36) APPROVE AGREEMENT WITH THE PADUCAH POLICE DEPARTMENT BARGANING UNIT Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt 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. Adopted on call of the roll, yeas, Mayor Pro-Tem Abraham, McElroy, Watkins, Wilson (4). (ORD #2020-02-8616, BK 36) APPROVE AGREEMENT WITH PROFESSIONAL FIRE FIGHTERS OF PADUCAH, LOCAL 168 Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt 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 FIRE FIGHTERS.” 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. Adopted on call of the roll, yeas, Mayor Pro-Tem Abraham, McElroy, Watkins, Wilson (4). (ORD #2020-02-8617, BK 36) ORDINANCE(S) – INTRODUCTION CONTRACT WITH McCRACKEN COUNTY JAIL FOR USE OF CLASS D INMATES Commissioner McElroy offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, “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.” This Ordinance is summarized as follows: This ordinance authorizes and February 11, 2020 approves a Memorandum of Agreement with a term of March 1, 2020 to November 30, 2020 between the City of Paducah and McCracken County Jail. This Memorandum of Agreement defines the duties of the City and the McCracken County Jail as they relate to initiating a parks maintenance work program for Class D Inmates. This Memorandum of Agreement shall automatically renew until terminated by either party. APPROVE FRANCHISE AGREEMENT BETWEEN CITY OF PADUCAH AND COMCAST OF THE SOUTH Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE GRANTING A NON- EXCLUSIVE FRANCHISE TO COMCAST OF THE SOUTH TO OPERATE AND MAINTAIN A CABLE SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF PADUCAH, KENTUCKY, PURSUANT TO THE TERMS AND PROVISIONS OF THE PADUCAH ORDINANCE FOR REGULATION OF CABLE COMMUNICATIONS, AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND COMCAST OF THE SOUTH.” This Ordinance is summarized as follows: This ordinance authorizes the Mayor to execute a Franchise Agreement with Comcast of the South. This agreement shall have a ten-year term with an effective date of March 1, 2020. This agreement grants a non-exclusive franchise to Comcast of the South to continue to operate and maintain a cable television system within the City of Paducah. DISCUSSION Public Information Officer Pam Spencer provided the following summary on the overview of Paducah Opportunity Zones: Planning Director Tammara Tracy presented an overview of Paducah’s two Opportunity Zones and highlighted the Prospectus of Projects booklet. Tracy says, “There’s an opportunity to make a significant amount of money as well as help the community. We want the community and people outside the community to invest in us.” Opportunity Zones are economic development tools promoting investment in distressed communities through legislation enacted by the Federal Tax Cuts and Jobs Act of 2017. New investments in an Opportunity Zone area may be eligible for preferential tax treatment such as capital gains tax advantages. Paducah has two Opportunity Zone designations, which were selected by the State, located in the northern and downtown areas in Paducah. There are 8700 zones across the United States. To help our two zones stand out to potential investors, the City has developed a booklet providing an overview of our community and featuring six transformative projects including the Columbia Theatre and the Northside Neighborhood. To learn more about Paducah’s Opportunity Zones and to download the Prospectus of Projects, visit http://paducahky.gov/opportunity- zones. CITY MANAGER’S COMMENTS  Scope Your Project video presentation  An Open House for “Scope Your Project” will be held on Thursday, 9:00 a.m. to 11:00 a.m. and Friday 2:00 p.m. to 4:00 p.m. February 11, 2020 COMMISSION COMMENTS  Commissioner Wilson - commented on KLC activities in Frankfort this week  Commissioner McElroy – commented on the progress of Paducah Music Playground PUBLIC COMMENTS  Mary Byrn – commented on the Class D Worker Program – diversity  Randy Beeler – commented on Opportunity Zones ADJOURN Mayor Pro-Tem Abraham offered motion, seconded by Commissioner McElroy, to adjourn the meeting. All in favor. Meeting ended at approximately 6:36 p.m. ADOPTED: February 25, 2020 ______________________________ Brandi Harless, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk February 25, 2020 Minute File: 1. Emergency Procurement – qualified professional engineering firm – Bridge replacement Buckner Lane (signed by City Manager January 23, 2020) Contract File: 1. Agreement between City of Paducah and the Paducah Police Department Bargaining Unit (ORD 2020-02-8616) 2. Agreement between City of Paducah and the Professional Fire Fighters of Paducah, Local 168, International Association of Fire Fighters (IAFF) (ORD 2020-02-8617) 3.Renewal Agreement – EPW Concrete Program One-Year Renewal (MO #2080) 4. Agreement between City of Paducah and HDR Engineering, Inc. – Transient Dock Project – Environmental Permitting (Signed by City Manager) Bids File: 1. Comcast of the South – Cable TV service for City of Paducah (only bid) Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Adopt the Updated FY2020 Pay Grade Schedule - S SUAZO Category: Municipal Order Staff Work By: Stefanie Suazo Presentation By: Stefanie Suazo Background Information: Staff is recommending the Commission adopt a new Pay Grade Schedule to reflect the Engineering, Public Works and Parks & Recreation Department re-organization. It is also a clean-up and audit reflecting the correct and current position titles. 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: Adopt the updated Pay Grade Schedule Attachments: 1.Municipal Order 2.Pay Grade Schedule - 2_20_20 MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER ADOPTING AN AMENDMENT TO THE FY2019- 2020 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City of Paducah adopted the FY2019-2020 Pay Grade Schedule by Municipal Order No. 2252 on June 25, 2019; and WHEREAS, it is necessary to amend the pay grade schedule due to the re- organization of the Engineering, Public Works and Parks & Recreation Department and to reflect correct current position titles; and WHEREAS, in order to implement the changes, it is necessary to amend the FY2018-2019 Pay Grade Schedule. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby adopts and approves the amendment to the FY2019-2020 Pay Grade Schedule as attached hereto. SECTION 2. This Order will be in full force and effect from and after the date of its adoption. __________________________________ Brandi Harless, Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 25, 2020 Recorded by Lindsay Parish, City Clerk, February 25, 2020 \mo\pay grade schedule 2-25-20 FY 2019 - 2020 Pay Grade Schedule February 20, 2020 Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid-Point 3rd Qrt 4th Premium Firefighter (Appointee)A $25,413 $28,249 $31,091 $33,976 $36,865 Account Clerk B $26,525 $29,627 $32,638 $35,626 $38,610 Admin Asst I B $26,525 $29,627 $32,638 $35,626 $38,610 Accounts Payable Clerk C $28,032 $31,151 $34,270 $37,478 $40,684 Admin Asst II C $28,032 $31,151 $34,270 $37,478 $40,684 Admin Assistant 911 C $28,032 $31,151 $34,270 $37,478 $40,684 Assistant Recreation Specialist C $28,032 $31,151 $34,270 $37,478 $40,684 Code Enforcement Assistant C $28,032 $31,151 $34,270 $37,478 $40,684 Data Entry Clerk 911 C $28,032 $31,151 $34,270 $37,478 $40,684 Evidence Technician I C $28,032 $31,151 $34,270 $37,478 $40,684 Laborer C $28,032 $31,151 $34,270 $37,478 $40,684 Permit Specialist C $28,032 $31,151 $34,270 $37,478 $40,684 Records Clerk I C $28,032 $31,151 $34,270 $37,478 $40,684 Revenue Technician C $28,032 $31,151 $34,270 $37,478 $40,684 ROW Maintenance Person C $28,032 $31,151 $34,270 $37,478 $40,684 Solid Waste Truck Driver C $28,032 $31,151 $34,270 $37,478 $40,684 Administrative Asst III D $29,339 $32,661 $35,985 $39,261 $42,537 Records Clerk II D $29,339 $32,661 $35,985 $39,261 $42,537 Revenue Technician II D $29,339 $32,661 $35,985 $39,261 $42,537 Concrete Finisher E $30,866 $34,326 $37,783 $41,251 $44,718 Customer Experience Representative E $30,866 $34,326 $37,783 $41,251 $44,718 Equipment Operator E $30,866 $34,326 $37,783 $41,251 $44,718 Firefighter E $30,866 $34,326 $37,783 $41,251 $44,718 Maintenance Technician E $30,866 $34,326 $37,783 $41,251 $44,718 Permit Technician E $30,866 $34,326 $37,783 $41,251 $44,718 Recreation Specialist E $30,866 $34,326 $37,783 $41,251 $44,718 Records Clerk III E $30,866 $34,326 $37,783 $41,251 $44,718 Traffic Tech E $30,866 $34,326 $37,783 $41,251 $44,718 Asst. City Clerk F $32,393 $36,034 $39,673 $43,340 $47,009 Cemetary Sexton F $32,393 $36,034 $39,673 $43,340 $47,009 Compost Equipment Operator F $32,393 $36,034 $39,673 $43,340 $47,009 Evidence Tech II F $32,393 $36,034 $39,673 $43,340 $47,009 Executive Asst I F $32,393 $36,034 $39,673 $43,340 $47,009 Firefighter Relief Driver F $32,393 $36,034 $39,673 $43,340 $47,009 Floodwall Operator F $32,393 $36,034 $39,673 $43,340 $47,009 Telecommunicator F $32,393 $36,034 $39,673 $43,340 $47,009 Terminal Agency Coordinator F $32,393 $36,034 $39,673 $43,340 $47,009 Code Enforcement Officer I G $34,029 $37,842 $41,657 $45,477 $49,299 Fleet Mechanic I G $34,029 $37,842 $41,657 $45,477 $49,299 New Hire Range Market Range FY 2019 - 2020 Pay Grade Schedule February 20, 2020 Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid-Point 3rd Qrt 4th Premium New Hire Range Market Range HR Generalist G $34,029 $37,842 $41,657 $45,477 $49,299 911 Shift Supervisor H $35,665 $39,701 $43,548 $47,720 $51,700 Fire Lieutenants H $35,665 $39,701 $43,548 $47,720 $51,700 Help Desk Technician H $35,665 $39,701 $43,548 $47,720 $51,700 Housing Specialist H $35,665 $39,701 $43,548 $47,720 $51,700 Events & Promotions Specialist H $35,665 $39,701 $43,548 $47,720 $51,700 Marketing Specialist H $35,665 $39,701 $43,548 $47,720 $51,700 Neighborhood Project Planner H $35,665 $39,701 $43,548 $47,720 $51,700 Fire Captains I $37,520 $41,723 $45,926 $50,176 $54,425 Fleet Mechanic II I $37,520 $41,723 $45,926 $50,176 $54,425 Executive Asst II I $37,520 $41,723 $45,926 $50,176 $54,425 Executive Asst II/Assistant City Clerk I $37,520 $41,723 $45,926 $50,176 $54,425 Journeyman Electrician I $37,520 $41,723 $45,926 $50,176 $54,425 Office Manager I $37,520 $41,723 $45,926 $50,176 $54,425 Accountant J $39,374 $43,799 $48,223 $52,631 $57,044 Deputy Building Inspector I J $39,374 $43,799 $48,223 $52,631 $57,044 Deputy Electrical Inspector I J $39,374 $43,799 $48,223 $52,631 $57,044 Code Enforcement II J $39,374 $43,799 $48,223 $52,631 $57,044 Deputy Fire Marshal I J $39,374 $43,799 $48,223 $52,631 $57,044 Engineering Technician J $39,374 $43,799 $48,223 $52,631 $57,044 IT Specialist I J $39,374 $43,799 $48,223 $52,631 $57,044 Police Officer J $39,374 $43,799 $48,223 $52,631 $57,044 Revenue Auditor J $39,374 $43,799 $48,223 $52,631 $57,044 Records Division Manager K $41,338 $45,986 $50,634 $55,311 $59,982 Crime Analyst K $41,338 $45,986 $50,634 $55,311 $59,982 911 System Administrator K $41,338 $45,986 $50,634 $55,311 $59,982 Assistant 911 Communication Manager L $42,220 $47,687 $53,163 $58,649 $64,133 Associate Planner L $42,220 $47,687 $53,163 $58,649 $64,133 Code Enforcement Supervisor L $42,220 $47,687 $53,163 $58,649 $64,133 Deputy Building Inspector II L $42,220 $47,687 $53,163 $58,649 $64,133 Deputy Electrical Inspector II + Plan L $42,220 $47,687 $53,163 $58,649 $64,133 Engineer Asst II L $42,220 $47,687 $53,163 $58,649 $64,133 Engineer Project Manager L $42,220 $47,687 $53,163 $58,649 $64,133 Fire Marshall II L $42,220 $47,687 $53,163 $58,649 $64,133 Grants Administrator L $42,220 $47,687 $53,163 $58,649 $64,133 Master Electrician L $42,220 $47,687 $53,163 $58,649 $64,133 Parks Maintenance Supervisor L $42,220 $47,687 $53,163 $58,649 $64,133 FY 2019 - 2020 Pay Grade Schedule February 20, 2020 Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid-Point 3rd Qrt 4th Premium New Hire Range Market Range Supervisor -(Compost Operations, Fleet, Maintenance, Street, Solid Waste)L $42,220 $47,687 $53,163 $58,649 $64,133 Business Development Specialist M $44,282 $50,053 $55,824 $61,559 $67,295 Chief Electrical Inspector M $44,282 $50,053 $55,824 $61,559 $67,295 Community Development Planner M $44,282 $50,053 $55,824 $61,559 $67,295 Deputy Building Inspector III/Plan Review M $44,282 $50,053 $55,824 $61,559 $67,295 Downtown Development Specialist M $44,282 $50,053 $55,824 $61,559 $67,295 Engineer Asst III M $44,282 $50,053 $55,824 $61,559 $67,295 Fire Marshall III M $44,282 $50,053 $55,824 $61,559 $67,295 Senior Planner M $44,282 $50,053 $55,824 $61,559 $67,295 Special Events Coordinator M $44,282 $50,053 $55,824 $61,559 $67,295 Chief Building Inspector N $46,109 $52,594 $58,613 $64,700 $70,785 Battalion Chief N $46,109 $52,594 $58,613 $64,700 $70,785 Engineering tech III N $46,109 $52,594 $58,613 $64,700 $70,785 Fire Marshall N $46,109 $52,594 $58,613 $64,700 $70,785 Housing Coordinator N $46,109 $52,594 $58,613 $64,700 $70,785 Parks & Recreation Superintendent N $46,109 $52,594 $58,613 $64,700 $70,785 Parks Maintenance Superintendent N $46,109 $52,594 $58,613 $64,700 $70,785 Recreation Superintendent N $46,109 $52,594 $58,613 $64,700 $70,785 Street Superintendent N $46,109 $52,594 $58,613 $64,700 $70,785 Floodwall Superintendent N $46,109 $52,594 $58,613 $64,700 $70,785 Fleet/Maintenance Superintendent O $48,862 $55,203 $61,546 $67,911 $74,275 GIS Analyst O $48,862 $55,203 $61,546 $67,911 $74,275 Operations Manager O $48,862 $55,203 $61,546 $67,911 $74,275 Risk Manager O $48,862 $55,203 $61,546 $67,911 $74,275 Assistant to the City Manager P $51,261 $57,943 $64,621 $71,248 $77,874 Business Systems Analyst P $51,261 $57,943 $64,621 $71,248 $77,874 City Clerk P $51,261 $57,943 $64,621 $71,248 $77,874 Crime Analyst II P $51,261 $57,943 $64,621 $71,248 $77,874 GIS/Planner P $51,261 $57,943 $64,621 $71,248 $77,874 Network Administrator P $51,261 $57,943 $64,621 $71,248 $77,874 Public Information Officer P $51,261 $57,943 $64,621 $71,248 $77,874 Section 8 Housing Admin P $51,261 $57,943 $64,621 $71,248 $77,874 Police Sergeant P $51,261 $57,943 $64,621 $71,248 $77,874 Principal Planner P $51,261 $57,943 $64,621 $71,248 $77,874 GIS Specialist P $51,261 $57,943 $64,621 $71,248 $77,874 Police Captain Q $53,880 $60,560 $67,853 $74,882 $81,911 FY 2019 - 2020 Pay Grade Schedule February 20, 2020 Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid-Point 3rd Qrt 4th Premium New Hire Range Market Range Fire Assistant Chief Q $53,880 $60,560 $67,853 $74,882 $81,911 Storm & Drain Engineer R $56,344 $63,871 $71,246 $78,541 $85,837 Deputy Fire Chief - Operations S $59,331 $67,070 $74,809 $82,504 $90,200 Director of Inspection S $59,331 $67,070 $74,809 $82,504 $90,200 Police Assistant Chief S $59,331 $67,070 $74,809 $82,504 $90,200 Revenue Manager S $59,331 $67,070 $74,809 $82,504 $90,200 Assistant Public Works Director T $62,388 $70,468 $78,548 $86,665 $94,780 Assistant Director of Parks & Recreation T $62,388 $70,468 $78,548 $86,665 $94,780 Assistant City Engineer T $62,388 $70,468 $78,548 $86,665 $94,780 911 Communication Services Manager T $62,388 $70,468 $78,548 $86,665 $94,780 Controller T $62,388 $70,468 $78,548 $86,665 $94,780 Deputy Fire Chief - Fire Prevention T $62,388 $70,468 $78,548 $86,665 $94,780 Exec Director PRA T $62,388 $70,468 $78,548 $86,665 $94,780 City Clerk / Customer Experience Director U $65,440 $73,958 $82,476 $94,848 $104,333 Director of IT U $65,440 $73,958 $82,476 $94,848 $104,333 Director of Parks V $68,713 $77,656 $86,600 $99,590 $109,516 Director of Planning V $68,713 $77,656 $86,600 $99,590 $109,516 Human Resource Director V $68,713 $77,656 $86,600 $99,590 $109,516 No Position W $72,203 $81,566 $90,930 $104,569 $115,027 Fire Chief X $75,802 $85,639 $95,476 $109,797 $120,778 No Position Y $79,511 $89,881 $100,250 $115,289 $126,817 Assistant City Manager Z $83,546 $94,406 $105,264 $121,053 $133,158 Director of Finance Z $83,546 $94,406 $105,264 $121,053 $133,158 City Engineer & Public Works Director Z $83,546 $94,406 $105,264 $121,053 $133,158 Police Chief Z $83,546 $94,406 $105,264 $121,053 $133,158 Public Works Director Z $83,546 $94,406 $105,264 $121,053 $133,158 City Manager AA $112,559 $127,174 $141,789 $163,057 $179,364 Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Adopt the Updated FY 2020 Position & Pay Schedule - S SUAZO Category: Municipal Order Staff Work By: Stefanie Suazo Presentation By: Stefanie Suazo Background Information: This updated position and pay schedule includes the re-organization of the Engineering, Public Works and Parks & Recreation Department. It is also a clean-up and audit reflecting the correct, current number of vacant and filled positions. 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: Adopt the Updated FY 2020 Position & Pay Schedule Attachments: 1.Municipal Order 2.Position and Pay Schedule -February 3 2020 FINAL MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER AMENDING THE FY2019-2020 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City of Paducah adopted the FY2019-2020 Position and Pay Schedule by Municipal Order No. 2253 on June 25, 2019; and WHEREAS, it is necessary to amend the schedule due to the re-organization of the Engineering, Public Works and Parks & Recreation Department and to reflect the correct, current number of vacant and filled positions; and WHEREAS, in order to implement the changes, it is necessary to amend the FY2019-2020 Position and Pay Schedule. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby approves to amend the FY2019-2020 Position and Pay Schedule for the employees of the City of Paducah as attached hereto. SECTION 2. This Order will be in full force and effect from and after the date of its adoption. ______________________________ Brandi Harless, Mayor ATTEST: ___________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 25, 2020 Recorded by Lindsay Parish, City Clerk, February 25, 2020 mo/Position and Pay Schedule FY2019-2020 02-25-2020 excel/Position & Pay Schedule 02-25-2020 CITY OF PADUCAH FY 2019-2020 POSITION AND PAY SCHEDULE February 11, 2020 Section A. ADMINISTRATION AUTHORIZED POSITIONS FY 19/20 BUDGET VACANT HOURLY WAGE ADJ.HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NON-EXEMPTGRADE City Manager 1 1 70.97 40 E AA Assistant City Manager 1 1 43.49 Z Assistant to the City Manager 40 E P Grants Administrator 1 1 20.30 40 E L Business Systems Analyst 1 1 28.69 40 E P Administrative Assistant III 1 1 18.34 40 NE D Public Information Officer 1 1 31.90 40 E P Total Budgeted/Filled for Department 6 6 0 0 Note: Moved Grants Administrator position from Finance to Administration Section B. CITY CLERK / CUSTOMER EXPERIENCE DEPT.AUTHORIZED POSITIONS FY 19/20 BUDGET FILLED VACANT HOURLY WAGE ADJ.HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NON-EXEMPTGRADE City Clerk / Customer Experience Director 1 1 36.06 40 E U Executive Assistant II / Assistant City Clerk 1 1 22.42 40 NE I Customer Experience Representatives 3 1 19.23 40 NE E 1 19.06 40 NE E 1 17.37 40 NE E Total Budgeted/Filled for Department 5 5 0 0 Section C. FINANCE DEPARTMENT AUTHORIZED POSITIONS FY 19/20 BUDGET FILLED VACANT HOURLY WAGE ADJ.HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NON-EXEMPTGRADE Administration Director of Finance 1 1 66.94 40 E Z Executive Assistant I 1 1 18.34 40 NE F Grants Administrator -1 -1 25.48 40 E L Accounting/Payroll Controller 1 1 41.94 40 E T Accounts Payable Clerk C Accountant 3 1 25.00 40 E J 1 20.20 40 E J 1 18.93 40 E J Revenue Revenue Manager 1 1 35.10 40 E S FILLED Page 1 of 11 CITY OF PADUCAH FY 2019-2020 POSITION AND PAY SCHEDULE February 11, 2020 Account Clerk 40 NE B 40 NE B Revenue Tech II 1 1 18.00 40 NE D Revenue Tech.3 1 1 15.68 40 NE C 1 15.00 40 NE C Revenue Auditor 1 1 21.64 40 E J Total Budgeted/Filled for Department 11 10 0 1 Note: The Revenue Tech III was removed and a Revenue Tech added. Note: RCSS - Individuals Retain Civil Service Status Section D. INFORMATION TECHNOLOGY AUTHORIZED POSITIONS FY 19/20 BUDGET FILLED VACANT HOURLY WAGE ADJ.HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NONEXEMPT GRADE Director Information Technology 1 1 40.41 40 E U Network Administrator 1 1 35.74 40 E P Help Desk Technician 1 1 21.80 40 NE H IT Specialist I 40 NE J GIS Specialist 1 1 29.37 40 E P GIS/Manager .40 E P Total Budgeted/Filled for Department 4 4 0 0 Section E. PLANNING DEPARTMENT AUTHORIZED POSITIONS FY 19/20 BUDGET FILLED VACANT HOURLY WAGE ADJ.HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NONEXEMPT GRADE Director of Planning 1 1 42.49 40 E V Principal Planner 1 1 33.56 40 E P Executive Assistant I 1 1 23.23 40 NE F Business Development Specialist 1 1 24.04 40 E M Admin Asst II 40 NE C Senior Planner 1 1 40 E M Associate Planner 1 1 25.85 40 E L Neighborhood Planner 1 1 18.12 40 E H Housing Coordinator 1 1 27.78 40 E N Total Budgeted/Filled for Department 8 7 0 1 Section F. POLICE DEPARTMENT AUTHORIZED POSITIONS FY 19/20 Page 2 of 11 CITY OF PADUCAH FY 2019-2020 POSITION AND PAY SCHEDULE February 11, 2020 BUDGET FILLED VACANT HOURLY WAGE ADJ.HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NON-EXEMPTGRADE Police Chief 1 1 46.35 40 E Z Police Assistant Chief 2 40 E S Step 1 34.51 Step 2 1 38.78 Step 3 1 38.88 Step 4 43.10 Captains 6 2 40 E Q <5 years 32.08 5 years 32.25 9 years 32.39 12 years 2 34.17 15 years 2 33.67 19 years 33.82 22 years 25 years Sergeants 9 40 NE P 5 years 27.01 6 years 27.12 7 years 27.24 8 years 1 27.34 9 years 1 27.45 10 years 3 27.56 11 years 1 27.66 12 years 27.76 13 years 1 27.87 14 years 1 27.97 15 years 1 28.09 16 years 28.21 17 years 28.31 18 years 28.40 19 years 28.51 20 years 28.62 21 years 28.73 22 years 28.86 23 years 28.96 24 years 29.07 25 years 29.16 Police Officer 60 1 40 NE J Police Officer - Recruit 10 21.79 1 year 7 22.98 2 years 5 23.09 3 years 3 24.18 Page 3 of 11 CITY OF PADUCAH FY 2019-2020 POSITION AND PAY SCHEDULE February 11, 2020 4 years 3 24.25 5 years 8 25.03 6 years 4 25.09 7 years 1 25.14 8 years 3 25.44 9 years 25.56 10 years 25.66 11 years 3 25.79 12 years 3 25.89 13 years 1 26.01 14 years 1 26.11 15 years 2 26.22 16 years 3 26.34 17 years 1 26.45 18 years 3 26.56 19 years 26.67 20 years 26.79 21 years 26.88 22 years 27.01 23 years 27.11 24 years 27.23 25 years 27.34 Executive Assistant II 1 1 24.96 40 NE I Administrative Assistant III 40 NE D Administrative Assistant II 40 NE C Crime Analyst 40 E K Crime Analyst II 1 1 40 E P Records Division Manager 1 1 20.25 40 E K Records Clerk III 1 1 17.43 40 NE D Records Clerk II 1 1 16.50 40 NE E Records Clerk I 2 2 15.27 40 NE C Evidence Technician II 1 1 16.78 40 NE F Evidence Technician I 1 1 15.42 40 NE C Total Budgeted/Filled for Department 88 86 0 5 911 Communications Services 911 Communications Services Manager 1 1 35.89 40 E T Assistant 911 Communications Services Manager 1 1 40 E L Terminal Agency Coordinator 1 1 23.37 36/48 NE F 911 System Administrator 1 1 23.56 40 E K Shift Supervirsor 4 1 23.75 36/48 NE H 1 24.37 2 25.60 Telecommunicator 14 1 13.98 36/48 NE F 14.49 36/48 NE F 2 16.71 36/48 NE F 2 18.15 36/48 NE F 1 18.65 36/48 NE F Page 4 of 11 CITY OF PADUCAH FY 2019-2020 POSITION AND PAY SCHEDULE February 11, 2020 1 19.75 36/48 NE F 5 21.37 36/48 NE F 1 22.37 36/48 NE F Adminstrative Assistant III 1 1 18.24 40 NE C E911 Data Entry Clerk 0 0 1 40 NE C * $1.00 per hr. shift differential when they work the evening and graveyard shift. Note: Police Department Secretary/Public Information Officer is provided two hours minimum call-out pay. **Note: Police Department adjustments will be made in accordance to Union Contract once the Captain's promotional process is completed. **911 *Note: 36/48 referes to the 12 hour schedule that has people working an alternating three and four 12-hour shifts per week, or 2184 hours per year New system administrator position added and data entry clerk moved into position. Add Pays: 1) 1 TAC $1/hr 2)1 Radio Administrator $1/hr 3) 2 CTO's $0.50/hr Total Budgeted/Filled for Department 23 21 0 2 Section G. FIRE DEPARTMENT AUTHORIZED POSITIONS FY 19/20 BUDGET FILLED VACANT HOURLY WAGE ADJ.HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NONEXEMPT GRADE Administrative Division Fire Chief 1 1 54.58 40 E X Deputy Fire Chief - Fire Prevention 1 1 40.41 40 T Deputy Fire Chief - Operations 1 1 38.76 40 E T Office Manager 40 NE I Executive Assistant I 0 0 21.79 NE F Training Division Battalion Chief/ Training Officer 1 1 31.93 E N Fire Prevention Division Battalion Chief/ Fire Marshal E N Fire Marshal E N Deputy Fire Marshal III 1 1 22.70 NE M Deputy Fire Marshal II NE L Deputy Fire Marshal I 1 1 18.93 NE J Executive Assistant I 1 1 21.79 NE F Code Enforcement Supervisor L Code Enforcement Officer II NE J Code Enforcement Officer I 3 2 22.05 40 NE G 1 20.52 Code Enforcement Assistant 40 NE C Permit Technician 1 1 17.72 40 NE E Permit Specialist 40 NE C 40 NE F Page 5 of 11 CITY OF PADUCAH FY 2019-2020 POSITION AND PAY SCHEDULE February 11, 2020 Chief Building Inspector 1 1 32.03 N Deputy Building Inspectors: Level I 1 1 24.66 40 NE J Level II 40 NE L Level III+Plans Review 40 NE M Chief Electrical Inspector 1 1 30.58 40 NE M Deputy Electrical Inspectors: Inspector Level I 40 NE J Inspector II+Plans Review 1 1 25.40 40 NE L Suppression Division Fire Assistant Chief 3 40 E P Step 1 21.82 Step 2 22.59 Step 3 23.38 Step 4 2 24.20 Step 5 1 25.05 Step 6 25.93 Step 7 26.83 Step 8 27.78 Step 9 1 28.75 Captains 15 NE I <10 years 2 18.81 10 years 3 18.93 15 years 2 19.03 20 years 4 19.22 Lieutenants 15 NE H <10 years 7 17.19 10 years 2 17.40 15 years 1 17.52 20 years 3 17.69 Firefighter 27 1 NE E Firefighter (Appointee)6 13.23 Firefighter (On Floor)6 13.23 6 months 14.27 1 year 3 14.58 2 years 14.77 3 years 4 14.97 5 years 15.27 10 years 15.39 15 years 15.49 Firefighter (Relief Driver)NE F COLA + $0.39 + $0.10 2 years 15.42 3 years 15.63 Page 6 of 11 CITY OF PADUCAH FY 2019-2020 POSITION AND PAY SCHEDULE February 11, 2020 4 years 3 15.68 5 years 4 15.91 10 years 16.03 15 years 5 16.14 Total Budgeted/Filled for Department 75 73 1 1 e: Executive Assistant I moved to Prevention from Administration Note: Firefighter Relief Driver is not a new position. $0.10 is factored in the pay rate Note: A person may hold the position of Code Enforcement Officer I for a period not to exceed one year without becoming a certified Property Maintenance Inspector. Note: To be considered for the position of Code Enforcement Officer II must obtain Property Maintenance Inspector I, Level I Building Inspector and successful review. becoming certified. Note: Building Inspector levels are equivalent to steps. These levels are dictated by state certification, and successful performance review. Note: Deputy Fire Marshal to have State certification within one year. Note: To be considered for Deputy Fire Marshal II must obtain NFPA Fire Inspector I, and II, and successful review. Note: To be considered for Deputy Fire Marshal III must obtain NFPA Fire protection plan review and successful performance review. Note: As Inspection's Civil Service positions are eliminated through attrition they will be filled as Non-Civil Service positions. Note: RCSS - Individuals Retain Civil Service Status Section H.AUTHORIZED POSITIONS FY 19/20 ENGINEERING BUDGET FILLED VACANT HOURLY WAGE ADJ.HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NONEXEMPT GRADE City Engineer 1 1 59.92 40 E Z Assistant City Engineer 1 1 40 E T Storm Water & Drainage Engineer 37.61 40 E R Engineer Project Manager 1 1 40 E L Engineering Assistant III 40 E M Engineering Assistant II L Engineering Technician 1 1 22.73 40 E J Engineering Tech III 1 1 34.85 40 E N Executive Assistant II 1 1 18.89 40 NE F Floodwall Division EPW Floodwall Superintendent 1 1 30.10 40 E N Floodwall Operator 4 40 NE F 80%15.82 85%16.81 90%17.80 95%18.79 100%1 3 19.78 Total Budgeted/Filled for Department 11 6 3 2 Note: positions are eliminated through attrition they will be filled as a Non-Civil Service positions. Note: RCSS - Individuals Retain Civil Service Status Note: As the Floodwall Operators' CS positions are eliminated through attrition they will be filled as Non-Civil Service positions. Section I.AUTHORIZED POSITIONS FY 19/20 Note:* A person may hold the position of Deputy Building Inspector Level I for a period not to exceed two years without becoming Note: A person may hold the position of Deputy Electrical Inspector Level I for a period not to exceed one year without Page 7 of 11 CITY OF PADUCAH FY 2019-2020 POSITION AND PAY SCHEDULE February 11, 2020 PUBLIC WORKS DEPT.BUDGET FILLED VACANT HOURLY WAGE ADJ.HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NONEXEMPT GRADE Public Works Director 1 1 46.35 40 E Z Assistant Public Works Director 1 1 37.39 40 E T Administrative Assistant III 1 1 16.65 40 NE D Street Division Street Superintendent 1 1 34.17 40 E N Street Supervisor 3 2 22.89 40 E L 1 34.09 40 E N 40 E L Equipment Operator 3 NE E 80%15.70 85%16.68 90%17.66 95%18.64 100%3 19.62 Concrete Finisher 2 NE E 80%15.70 85%16.68 90%17.65 95%18.64 100%2 19.62 Right-Of-Way Maintenance Person 13 5 2 NE C 80%14.83 85%15.76 90%16.69 95%1 6 17.61 100%7 5 18.54 Laborer 2 NE C 80%2 14.05 85%14.93 90%15.80 95%16.69 100%17.56 Maintenance Division Fleet / Maintenance Superintendent 1 1 36.69 40 E O Maintenance Supervisor 1 1 23.94 E L Laborer 4 1 NE C 80%13.81 85%14.67 90%15.53 95%16.40 Page 8 of 11 CITY OF PADUCAH FY 2019-2020 POSITION AND PAY SCHEDULE February 11, 2020 100%2 2 17.26 Traffic Technician 1 NE E 80%15.82 85%16.80 90%17.79 95%18.78 100%1 19.77 Journeyman Electrician 0 0 0 21.17 NE I Master Electrician 1 1 NE L Maintenance Technician 5 NE E 80%15.82 85%16.80 90%1 17.79 95%1 18.78 100%1 2 19.77 Fleet Maintenance Division Fleet Supervisor 1 1 23.52 E L Administrative Assistant III 1 1 17.64 40 NE D Fleet Mechanic I NE G Fleet Mechanic II 4 NE I 1 20.10 1 21.18 1 22.53 1 22.56 Solid Waste Division Solid Waste Supervisor 2 1 23.53 E L 1 23.03 Compost Operations Supervisor 1 1 22.89 E L Administrative Assistant III 1 1 18.19 40 NE D Laborer 3 NE C 80%13.81 85%14.67 90%15.53 95%0 16.40 100%2 1 17.26 Truck Driver 13 3 2 NE C 80%14.72 85%15.64 90%16.56 95%0 17.48 100%10 1 18.40 Right-Of-Way Maintenance Person 2 1 NE C 80%14.83 85%15.76 Page 9 of 11 CITY OF PADUCAH FY 2019-2020 POSITION AND PAY SCHEDULE February 11, 2020 90%16.69 95%17.61 100%1 18.54 Compost Equipment Operator 2 NE F 80%16.05 85%17.05 90%18.06 95%19.06 100%2 20.06 Total Budgeted/Filled for Department 70 45 7 4 Note: positions are eliminated through attrition they will be filled as a Non-Civil Service positions. Note: RCSS - Individuals Retain Civil Service Status Note: As the Floodwall Operators' CS positions are eliminated through attrition they will be filled as Non-Civil Service positions. Note: AFSCME employees in the classificaton above shall be eligible to receive "Shift Differential" of $0.35/Hr. Note: AFSCME employees in the above classification shall be eligible to receive $0.50/Hr as a "Work Leader". Section J. PARKS & RECREATION DEPARTMENT AUTHORIZED POSITIONS FY 19/20 HOURS EXEMPT PAY BUDGET FILLED VACANT HOURLY WAGE ADJ.WORK NON-EXEMPTGRADE POSITION TOTAL NON-CS RCSS/CS RATE Director of Parks & Recreation 1 1 53.70 40 E V Assitant Director of Parks & Recreation 1 1 35.00 40 E T Recreation Superintendent 0 0 29.50 40 E N Parks & Recreation Superintendent 1 1 25.50 40 E N Parks Maintenance Superintendent 0 0 29.82 E E N Cemetery Sexton 1 1 21.84 E E F Special Events Superintendent Coordinator 1 1 29.10 E E N Recreation Specialist 3 1 16.98 40 E E 1 14.60 40 E E 1 14.00 40.00 E E Assistant Recreation Specialist 0 0 40 NE C Executive Assistant I 1 1 21.38 NE F Administrative Assistant III 1 1 18.70 NE D Administrative Assistant II 1 1 15.31 NE C Maintenance Division Supervisor 2 2 23.02 E L L Laborer 10 NE C 80%14.05 85%1 14.93 90%1 15.80 95%1 16.69 100%5 2 17.56 Maintenance Technician 1 Page 10 of 11 CITY OF PADUCAH FY 2019-2020 POSITION AND PAY SCHEDULE February 11, 2020 80%16.10 85%17.09 90%18.10 95%19.11 100%1 20.12 Right-Of-Way Maintenance Person 2 NE C 80%14.83 85%15.76 90%16.69 95%17.61 100%1 1 18.54 Total Budgeted/Filled for Department 26 21 3 2 Note: As positions are eliminated through attrition they will be filled as Non-Civil Service positions. Note: RCSS - Individuals Retain Civil Service Status Note: AFSCME employees in the classificaton above shall be eligible to receive "Shift Differential" of $0.35/Hr. Note: AFSCME employees in the above classification shall be eligible to receive $0.50/Hr as a "Work Leader". Section K. HUMAN RESOURCES AUTHORIZED POSITIONS FY 19/20 BUDGET VACANT HOURLY WAGE ADJ.HOURS EXEMPT PAY POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NON-EXEMPTGRADE Director of Human Resources 1 1 41.52 40 E V Risk Manager 1 1 40 E O H R Generalist 2 1 18.86 40 E G 1 18.29 Total Budgeted/Filled for Department 4 3 0 1 FILLED p Superintendent moved to Public works, and then Parks & Rec. Super created and Rec. Specialist promoted. Page 11 of 11 Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Acceptance of the KYTC Transportation Alternative Program grant in the amount of $432,500 for the Greenway Trails Phase V Project - R MURPHY Category: Municipal Order Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: The City of Paducah applied for a 2014 Transportation Alternatives Program (TAP) grant as approved by Municipal Order No. 1790 for the Greenway Trails Phase V project. The project consists of roadway improvements and trail extension from Schultz Park to Jefferson Street. The project will pick up where the Greenway Trails Phase IV project ended. With the completion of Greenway Trails Phase IV, the Greenway Trails Phase V project is ready to begin. The KYTC TAP grant in the amount of $432,500 requires a local match of $108,125.00 of which $100,790.00 was transferred from the Boyles Trust Fund by Ordinance No. 2018-1-8511. The total estimated project cost is $540,625.00. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): E-4: Continue developing the riverfront from the Carson Center to the Convention Center. Funds Available:Account Name: Greenway Trails Phase 5 Account Number: PA0111 Staff Recommendation: Accept the KYTC TAP funding for the Greenway Trails Phase V in the amount of $432,500 and authorize the Mayor to sign all grant documents related to same. Attachments: 1.Municipal Order 2.MOA Greenway Trails Ph5 MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF THE KYTC TRANSPORTATION ALTERNATIVE PROGRAM GRANT IN THE AMOUNT OF $432,500 FOR THE GREENWAY TRAILS PHASE V PROJECT WHEREAS, The City of Paducah applied for the 2014 KYTC TAP Grant by Municipal Order No. 1790; and WHEREAS, the Kentucky Transportation Cabinet is now ready to award funds for the Greenway Trail Phase V. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY, SECTION 1: The Mayor is hereby authorized to accept the KYTC TAP funding for the Greenway Trails Phase V in the amount of $432,500 and to sign all grant documents related to same. Phase V of the project consists of roadway improvements and trail extension from Schultz Park to Jefferson Street. The project will pick up where Phase IV ended. SECTION 2: The KYTC TAP grant in the amount of $432,500 requires a local match of $108,125, of which $100,790 was transferred from the Boyles Trust Fund by Ordinance No. 2018-1-8511. The remaining match in the amount of $7,335 will be charged to the Greenway Trail Phase V Project Account PA0111. SECTION 3: This Order shall be in full force and effect from and after the date of its adoption. _____________________________ MAYOR ATTEST: ________________________________ LINDSAY PARISH, City Clerk Adopted by the Board of Commissioners on February 25, 2020 Recorded by Lindsay Parish, City Clerk, February 25, 2020 mo\grants\KYTC Transportation Alternative Program – greenway trails Phase V AGREEMENT BETWEEN THE COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET AND CITY OF PADUCAH GREENWAY TRAIL PH5 PROJECT ITEM#: 01-03201/CONTRACT#: 20*1188 FEDERAL PROJ#: 4000-018/STATE PROJ#: 90866 FEDERAL AWARD AMOUNT: $432,500 AUTHORIZED TO DATE: $432,500 Page 1 of 21 This AGREEMENT is made and entered into by and between the Commonwealth of Kentucky, Transportation Cabinet, hereinafter the "CABINET" and the City of Paducah, hereinafter the "RECIPIENT". WITNESSETH: WHEREAS, the Federal Highway Administration (FHWA), through the CABINET, has approved $432,500 in federal funding for the Greenway Trail Ph5 hereinafter the “PROJECT”, known as Federal Project Number 4000-018 and the applicable Catalog of Federal Domestic Assistance number is 20.205- Highway Planning and Construction, WHEREAS, the Federal-aid Highway Program is a State Administered Reimbursement Program and the RECIPIENT shall carry out this PROJECT in accordance with applicable Federal and State laws and regulations including all of Title 49 United States Code (USC), Title 23 United States Code (USC), 49 Code of Federal Regulations (CFR), 23 Code of Federal Regulations (CFR), and 2 CFR 200, WHEREAS, the RECIPIENT must comply with applicable CABINET policies and procedures, WHEREAS, Federal-aid projects are to serve a public purpose, the RECIPIENT is responsible for maintaining any real property or facilities improved pursuant to the PROJECT on a non-profit basis, WHEREAS, the RECIPIENT shall refer to the Federal-Aid Project Development Guide for Local Public Agencies, hereinafter the “GUIDE”, and any future revisions for assistance in complying with this AGREEMENT, WHEREAS, the RECIPIENT shall outline, undertake, and complete the work as described in the Scope of Work and Budget Summary (Attachment A) in accordance with the terms and conditions of this AGREEMENT, and consistent with the FHWA Contract Administration Manual, the CABINET/FHWA Stewardship Agreement, FHWA Form 1273 and all applicable State and Federal laws and regulations, WHEREAS, the RECIPIENT shall demonstrate and shall maintain adequate staff, provide delivery systems, and sufficient accounting control to complete the PROJECT in accordance with all Federal and State laws and regulations addressed herein, and WHEREAS, the RECIPIENT has agreed to provide a minimum of 20% matching funds and to accept responsibility for all administration, staffing, maintenance and operation costs for the Project as identified under this AGREEMENT;] NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the CABINET and the RECIPIENT hereby agree as follows: Section 1. Scope of Work & Budget Summary. It is understood that the PROJECT will enhance the transportation system as further described in the Scope of Work and Budget Summary (Attachment A, attached hereto and made a part of this AGREEMENT). In the Scope of Work and Budget Summary, the RECIPIENT is to include detailed expectations, individual activities, estimates, and a schedule with milestones which the CABINET will use as checkpoints for the PROJECT. Further, the RECIPIENT is to CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 2 of 21 define the roles, responsibilities, and authorities of the various entities and/or organizational units with regard to the project development and project delivery processes specific to this PROJECT in the Scope of Work and Budget Summary. The RECIPIENT shall identify and provide a point of contact, including adequate contact information, for who shall be responsible to manage this PROJECT on the RECIPIENT’s behalf, submit the Scope of Work and Budget Summary to the CABINET, and be responsible for ensuring that the RECIPIENT adheres to all terms and conditions of this AGREEMENT. The RECIPIENT shall have final design plans, specifications, and a total estimate prepared by a Professional Engineer licensed to practice in the Commonwealth of Kentucky and approved by the CABINET prior to any construction. The Project Development Checklist (LPA-PDC) (Appendix 1 of the GUIDE) shall be submitted by the RECIPIENT and certified by the CABINET prior to construction. Section 2. Effective Date of Agreement and Term of Eligible Reimbursement. It is understood the effective date of this AGREEMENT is the date the AGREEMENT is signed by the Secretary of the CABINET. After execution of the AGREEMENT, the CABINET will return a copy of the AGREEMENT to the RECIPIENT and issue a Notice to Proceed to begin work on a particular Phase of the PROJECT. Expenditures made prior to the effective date of the AGREEMENT and before the Notice to Proceed for the particular Phase covering the expenditure shall not be eligible for reimbursement. The Term of Eligible Reimbursement under this AGREEMENT shall end 09/30/2023 unless that Term is extended or amended by written agreement in accordance with the provisions of KRS 45A and 2 CFR Part 200 as to period of performance. Any and all funding obligated for any Phase of this PROJECT defined by the original Scope of Work and authorized changes shall be available to reimburse the RECIPIENT for eligible work activities completed and costs incurred after the effective date of this AGREEMENT and the Notice to Proceed covering that Phase of the PROJECT. If the PROJECT cannot be completed during the Term of Eligible Reimbursement under this AGREEMENT, the RECIPIENT must provide justification why the PROJECT end date should be extended and identify the new Term of Eligible Reimbursement being requested. Section 3. Funding Out Provision. The CABINET may terminate this contract if funds are not appropriated to the contracting agency or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The CABINET shall provide the RECIPIENT thirty (30) calendar days written notice of termination of the contract. This AGREEMENT is contingent upon the continued availability of appropriated Federal funding. If the funding appropriated for any Phase of the PROJECT becomes unavailable for any reason including the Kentucky General Assembly’s failure to appropriate the funding, by operation of law or as the result of a reduction in Federal funding, further reimbursement of PROJECT expenditures may be denied, the PROJECT may be cancelled, the timeline extended or the scope amended by the CABINET either in whole or in part without penalty. Denial of further reimbursement, PROJECT cancellation, extension or amendment because of an interruption in the appropriated funding is not a default or breach of this CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 3 of 21 AGREEMENT by the CABINET nor may such denial, cancellation, extension or amendment give rise to any claim against the CABINET. Section 4. Duration of Project. It is understood and agreed by the parties hereto that the Scope of Work shall be completed within the period set forth herein under Section 2. In the event the RECIPIENT fails to perform the Scope of Work within the time allotted, or at any time the RECIPIENT fails to maintain adequate staff, project delivery systems, or sufficient accounting control, the CABINET reserves the right to cancel further reimbursements related to the PROJECT under the AGREEMENT. In the event the CABINET denies further reimbursement under this section, the RECIPIENT shall refund all reimbursements made by the CABINET to the RECIPIENT under this AGREEMENT. Section 5. Project Funding. It is expressly understood that Federal funding for this PROJECT is being provided by the Federal Highway Administration (FHWA) through the CABINET, specifically through the Catalog of Federal Domestic Assistance program number 20.205, Highway Planning and Construction. The Federal share of the total cost of this AGREEMENT shall not exceed $432,500 (the amount indicated on Attachment A unless otherwise approved in writing by the CABINET with the concurrence of FHWA. If the RECIPIENT completes the PROJECT for less than this amount, the remaining funds may only be used by the RECIPIENT upon written agreement of the CABINET and may only be used for eligible PROJECT costs within the original PROJECT scope. Unless otherwise stated, the funding for the PROJECT shall be authorized in Phases and no reimbursement shall be considered for expenditures made before a Notice to Proceed for that Phase has been received. Reimbursement requests will be considered only for and up to the funding amount and type of work described in the approved Scope of Work and Budget and authorized by the Notice to Proceed for that Phase. The RECIPIENT has agreed to accept up to $432,500 in Federal reimbursement funding available as authorized in Phases for eligible PROJECT costs. The RECIPIENT shall be responsible for any ineligible costs, the required 20% local match funds ($108,125), and any costs in excess of $432,500 necessary for completion of the approved Scope of Work and any authorized changes to the PROJECT. The RECIPIENT shall pay all PROJECT expenses and only upon meeting all terms and conditions of this AGREEMENT will be eligible to receive Federal reimbursement funding. All charges to the PROJECT shall be supported by properly executed invoices, contracts, vouchers, or monthly employment data evidencing in proper detail the nature and propriety of the charge. The CABINET or FHWA may require additional documentation at their discretion. Section 6. Allowable Costs. Funding may be used for restoration, repair, construction and other activities eligible under the Surface Transportation Program (STP) as defined within 23 USC 133(b). Funding may also be used for passenger and freight rail transportation and port infrastructure projects eligible for assistance under subsection 23 USC 601(a)(8). The PROJECT costs referred to in this AGREEMENT shall be those costs included in the Scope of Work (Attachment A) and submitted to the CABINET on the Reimbursement Request Form. The RECIPIENT shall follow 2 CFR 200. CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 4 of 21 The RECIPIENT is responsible for adhering to all Federal and State laws and regulations listed in this AGREEMENT and all documents referred to herein. The CABINET shall reimburse the RECIPIENT upon request by the RECIPIENT providing proof of payment through appropriate documentation, which includes but is not limited to the following: work progress completed to date, expenses, cancelled checks, bank statements, verified affidavits, and employment reports. The RECIPIENT shall also certify the work shown on the invoice has been performed in accordance with the terms of this AGREEMENT and approved plans and specifications, the cost(s) shown are verified and are true and correct, and the request for reimbursement in no way represents any degree of duplication of payments that have or will be received from other funding sources. This formal letter must be signed by the designated project manager for the RECIPIENT in responsible charge. Reimbursement by the CABINET is also subject to the provisions of Sections 35 and 38 of this Agreement hereof. The CABINET or FHWA reserves the right to require additional documentation. Section 7. Reporting and Monitoring The RECIPIENT shall maintain and comply with all reporting requirements outlined by the CABINET and FHWA. This Federal-aid project is subject to the reporting requirements contained in the Federal Funding Accountability and Transparency Act (Transparency Act) of 2006 Public Law No. 109-282 and/or 31 USC 6101 and its associated amendments. The Transparency Act requires entities receiving Federal awards such as Federal contracts, sub-contracts, grants and sub-grants, to disclose certain information. This Agreement is subject to 31 USC 6101, 2 CFR 170, and 2 CFR Subtitle A, Chapter I and Part 25. The CABINET may require that the RECIPIENT provide a completed Federal Funding Accountability and Transparency Act form prior to execution of this Agreement. The making, recording and reporting of any purchases shall be undertaken in accordance with the requirements of KRS 45A and applicable federal guidelines. All checks, invoices, contract records, vouchers, orders, purchasing documents, and monthly employment data pertaining in whole or in part to the PROJECT shall be clearly identified and readily accessible. The RECIPIENT shall permit the CABINET and/or FHWA to conduct periodic site visits to ascertain compliance with Federal and State laws and regulations. The RECIPIENT shall maintain financial records for three years after the latest of project completion, the execution of the Project Closure Form by KYTC, Final Acceptance and final reimbursement. Section 8. Environmental Requirements. With the advice and assistance of the CABINET, the RECIPIENT shall ensure that all applicable environmental requirements are met including the preparation of appropriate environmental documentation prepared pursuant to the National Environmental Policy Act (NEPA) of 1969 addressing the social and environmental effects of the proposed PROJECT. Adequate resources must be devoted to ensuring that all applicable environmental reviews under NEPA are completed on an expeditious basis and that the shortest existing applicable process under NEPA shall be utilized. Compliance with NEPA 42 USC 4321 et seq, Section 4(f) of 49 USC 303, Section 106 of the National Historic Preservation Act 54 USC 300101 et seq, Sections 401 and 404 of the Clean Water Act, Section 7 of the Endangered Species Act, and any other applicable environmental laws and regulations must be received to permit funding authorization by the FHWA. Specifically, Phase I design activities will CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 5 of 21 be allowed to proceed without a valid environmental document; however, the commencement of any Phase II design, right-of-way acquisition, utility relocation, or construction activities shall not be permitted prior to approval of the appropriate environmental document. Federal funds will be available for reimbursement of construction costs upon successful completion of design activities. Section 9. Land Acquisition. Should the PROJECT require the acquisition of any interest in real property by the RECIPIENT; the RECIPIENT must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (49CFR part 24), State Law and KYTC Division of Right of Way & Utilities Right of Way Guidance Manual and Relocation Assistance Manual. In the event condemnation occurs, the CABINET shall require prior written approval prior to the institution of any condemnation proceedings by the RECIPIENT. The RECIPIENT shall ensure that all real property acquisition, relocation assistance, and property management are completed in a fair, equitable and approved manner consistent with all State and Federal laws and regulations governing the acquisition of real property for public use using State or Federal highway funding. (1) The RECIPIENT shall either adopt in writing the CABINET’s written Policies and Procedures for Right of Way Acquisition and Relocation Assistance or present its own written Policies and Procedures for approval by the CABINET’s Division of Right of Way and Utilities and, if applicable, the FHWA. (2) The RECIPIENT shall conduct all appraisals and appraisal reviews using personnel meeting the CABINET's minimum qualifications and listed on the CABINET’s pre-qualified appraiser and reviewer list. (3) The RECIPIENT must use an acquisition consultant, prequalified by the CABINET, on all or any portion of the PROJECT, unless given prior approval by the CABINET to acquire property utilizing the RECIPIENT’s staff. The selection of the consultant shall be in accordance with the CABINET’s Division of Right of Way Guidance Manual. (4) All appraisals must be reviewed and approved by the CABINET’s Central Office review appraisers, failure to do so will result in the PROJECT being ineligible for reimbursement. (5) The RECIPIENT shall provide property management in accordance with approved procedures and be responsible for the abatement of any asbestos containing materials and removal of contaminated soils pursuant to applicable State and Federal laws and regulations. (6) The RECIPIENT shall provide the CABINET and, when applicable, FHWA, necessary assurance that all real property has been acquired and all displaced individuals, businesses, non-profit organizations and farms have been offered relocation assistance according to applicable State and Federal laws and regulations. (7) The RECIPIENT shall provide the CABINET, and when applicable, FHWA, necessary documentation for review and approval at various stages of the acquisition process, as described in the CABINET’s Right of Way Relocation Assistance Guidance Manual. The CABINET shall: (1) Review all appraisal reports to ensure proper appraisal practice and procedures as well as compliance with State and Federal laws and regulations, and (2) Approve the final value conclusion through the Director, Division of Right of Way and Utilities. CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 6 of 21 The RECIPIENT shall provide to the CABINET the following information on each parcel of real property to be acquired: A title opinion for the Property, An accurate legal description and plat delineating the shape and location of the Property to be acquired, (In accordance to KYTC Division of Design Specifications) The total area of the Property, The Property interest to be acquired Should the acquisition of real property result in the displacement of a tenant-occupant, such displacement shall be subject to the requirements of the URA, as set out in implementing regulations 49 CFR Part 24. A displaced tenant shall be eligible for moving expenses and any other relocation expenses for which they might qualify. Section 10. Restrictive Easements. The RECIPIENT acknowledges that the CABINET will require the placement of a restrictive easement approved by and in favor of the CABINET in the chain of title of any real property acquired or improved pursuant to the PROJECT in favor of the CABINET. If the Owner of any real property acquired or improved pursuant to the PROJECT is different from the RECIPIENT, then the Owner shall sign and be made a party to this AGREEMENT and the Owner hereby acknowledges, covenants and consents to the placement of a restrictive easement for perpetual maintenance of the property acquired or improved pursuant to the PROJECT in the chain of title in favor of the CABINET prior to final reimbursement by the CABINET. Section 11. Reimbursable Utility Relocations. When conducting a utility relocation, KRS 177.035 and KRS 179.265 determine the necessity of payment on behalf of the utility company in question. When law requires the reimbursement of the work, the cost of constructing the most economical type of facilities that satisfactorily meet the service requirements of the former facilities is negotiated, and an agreement is executed between the RECIPIENT and the utility company. Utility relocations shall be designed by the utility company and shown on the PROJECT’s survey and general plan sheets. The impacted utility company, with its regular construction or maintenance personnel, and/or with an approved contractor or subcontractor, will furnish all engineering, administration, labor, and materials to make and complete all necessary adjustments of its facilities to accommodate the PROJECT. The RECIPIENT shall inspect the relocation and document the proper installation of the facilities. If it is determined that the utility relocation work is best conducted within the PROJECT’s construction contract, the RECIPIENT or the authority designated by the RECIPIENT will negotiate, execute the agreement, and inspect the relocation work. If a conflict of interest arises between the RECIPIENT and a utility company, the CABINET shall intercede to provide the utility coordination. Section 12. Non-Reimbursable Utility Relocations. When KRS 179.265 indicates the work is not reimbursable, the utility company shall design their relocation plan on the PROJECT’s survey and general plan sheets. The RECIPIENT shall perform a review and approval of the relocation per agency policy and procedure. The RECIPIENT shall inspect the relocation and document the proper installation of the CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 7 of 21 facilities. If a conflict of interest arises between RECIPIENT and a utility company, the CABINET shall intercede to provide the utility coordination. Section 13. General Railroad Coordination. The RECIPIENT shall be charged with any railroad coordination for the PROJECT, the execution of a contract with the impacted railroad and oversight of the execution. All work related to the PROJECT shall be done in accordance with the CABINET’s Standards, Specifications, Standard Drawings, and the Utilities and Rail Manual. Correspondence pertaining to railroad coordination may impact both the project development and construction of the PROJECT. Therefore any and all correspondence regarding railroad coordination activities must be provided to both contracted parties. The CABINET’s representative in such matter is the Central Office Rails Coordinator. The RECIPIENT shall provide the following with the bid package for the PROJECT: a railroad coordination note defining any and all special project terms and conditions due to the involvement of the railroad company and an estimate of the PROJECT expenses for railroad coordination. Section 14. General Utility Coordination. The RECIPIENT shall be charged with the identification of utility facilities in conflict with the PROJECT, the execution of a remedy for said conflict, and oversight of the execution. The CABINET encourages dutiful consideration of utility avoidance via design considerations. When avoidance is impossible, uneconomical or otherwise invalid, utility relocation is an acceptable remedy for conflict. All work related to the PROJECT shall be done in accordance with the CABINET’s Standards, Specifications, Standard Drawings, and the Utilities and Rail Guidance Manual. Correspondence pertaining to utility coordination may affect both the project development and construction of the PROJECT. Therefore any and all correspondence regarding utility coordination activities must be provided to both contracted parties. The CABINET’s representative on these matters is the District Office Utility Supervisor. The RECIPIENT shall provide the following upon full execution of the utility relocation for the PROJECT: 3 sets of as-built plans for each utility company that completes facility relocation on the project prior to the construction letting, a utility and rail certification note defining the utilities and railroad identified in the PROJECT scope, relocations that have been performed, incomplete relocations, and completion schedules for the incomplete work. If no railroad is involved the note shall indicate as such. Section 15. Permits and Licenses. The RECIPIENT is responsible for obtaining all permits and licenses required to initiate, perform and complete all phases of the PROJECT in an appropriate and timely manner. Per the CABINET/FHWA Stewardship Agreement, the PROJECT may require more involvement from the FHWA. Section 16. Design and Construction Standards. All Federal and State design and construction criteria for the type of work shall be followed, including but not limited to 23 CFR 625, the CABINET’s Highway Design Manual, the CABINET’s Standard Drawings, the CABINET’s Standard Specifications for Road and Bridge Construction, the CABINET’s Drainage Manual, the CABINET’s Structural Design Manual, the American Association of State Highway Transportation Officials’ (AASHTO) “Policy on Geometric Design of Highways and Streets”, and the FHWA’s Manual on Uniform Traffic Control Devices (MUTCD). All work performed shall be in accordance with the most recent edition of the CABINET’s CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 8 of 21 Standard Specifications for Road and Bridge Construction, as revised, and as provided in Subsection 105.01 of said Specifications. All materials furnished shall be in accordance with Subsection 106 of said Specifications to include all CABINET List of Approved Materials. These standards, specifications, and criteria are incorporated in this AGREEMENT by this reference. Section 17. Consultant Selection. The RECIPIENT shall be responsible for all PROJECT design activities, which may be completed either by the RECIPIENT’s staff or a consultant. If the RECIPIENT selects to perform the design work with internal staff, these costs will be eligible for an in-kind match if pre- approved by the CABINET Administering Office. If the RECIPIENT selects to perform the work through a consultant, the RECIPIENT, with the oversight and approval of the CABINET, shall be responsible for the advertisement, selection, and contracting for consultant engineering and related services for the PROJECT in compliance with the Federal requirements set forth in the Brooks Act USC 40 1101, Public Law 92-582, the FHWA policy outlined in 23 CFR 172, CABINET policies and procedures, the CABINET procurement policies, and the Kentucky Model Procurement Code as defined within KRS 45A.730-750. This requires the use of a Qualifications Based Selection (QBS) process for the selection of all engineering and related services. By complying with KRS 45A.730-750, the required Federal provisions of the Brooks Act will be satisfied. All plans and specifications must be prepared by a professional engineer or architect licensed in the Commonwealth of Kentucky and prequalified by the CABINET to practice the type of work to be done. If no CABINET prequalification category exists, a consultant must receive approval by the CABINET prior to working on the PROJECT. The RECIPIENT may choose to enter into a letter agreement with a consultant that has a statewide contract with the CABINET instead of going through the procurement process itself. Section 18. Contractor Procurement. The RECIPIENT shall be responsible for all PROJECT construction activities, which may be completed either by the RECIPIENT’s staff or by a contractor. If the RECIPIENT intends to use contractor services, the RECIPIENT shall be responsible for the advertisement, opening of bids, selection, and contracting for contractor services for the PROJECT, with the concurrence of the CABINET, in accordance with the Federal contract provisions listed in FHWA Form 1273 which take precedence over the Kentucky Model Procurement Code provisions KRS 45A.343 and KRS 45A.345-460, as well as KRS 424, 23 CFR 635, 23 USC 112. Bid proposals must be accepted for a minimum of 21 days from the date of the first advertisement for award. Contractors and subcontractors must be pre-qualified by the CABINET for the type of work prior to being awarded a contract. If no CABINET prequalification category exists, a contractor or subcontractor must receive the approval of the CABINET prior to working on the PROJECT. The RECIPIENT shall prepare an independent engineer’s estimate in accordance with 23 CFR 630, Subpart B to compare against the contractors’ bids for reasonableness. The RECIPIENT shall thoroughly review all bids and obtain concurrence from the CABINET prior to the award or the rejection of any contract of bids for work or materials to be used on this PROJECT. Factors that should be considered and documented in reviewing submitted bids are: a comparison of the bids against the engineer’s estimate, the number of bids submitted, the distribution or range of bids received, the geographic location of bidders, CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 9 of 21 any potential savings from readvertising the PROJECT, a comparison of bids against other recent bids for the same item or service, the urgency of the PROJECT, the number of times previously advertised or contracted for, the current market conditions, a comparison of unit bids versus engineer’s estimate unit bids, the funding available. Determining whether the bids received are adequate involves considering any critical safety improvements, emergency repair or replacement of damaged facilities, the opening of otherwise completed facilities to traffic, furthering a phased construction schedule, or any other factors deemed important by the CABINET or FHWA. Specific Federal requirements defined within 23 CFR 635 require that the award be made to the lowest responsive bidder meeting the criteria of responsibility established by the CABINET. Section 19. Contract Administration and Inspection It is understood that the RECIPIENT shall be responsible for all aspects of administration, testing, and inspections to ensure the materials and construction meet CABINET specifications and Federal quality assurance specifications referenced in 23 CFR 637 and 23 CFR 635.105 (a) or (b). This includes providing daily on-site inspection of contractor work activities and prompt processing all of the paperwork associated with the construction contract, including any change orders. The RECIPIENT must receive prior written CABINET approval for all change orders, but such approval shall not increase the funding obligated to the RECIPIENT under this AGREEMENT or otherwise. The RECIPIENT shall use the most recent edition of the CABINET’s Regional Highway and Bridge Construction Inspection advertisement for construction inspectors, or must receive CABINET approval to submit an Alternative Construction Inspection Plan. If the RECIPIENT does not have adequate staff to perform this work, the RECIPIENT may hire a consultant or enter into an agreement with another governmental agency to provide these services. The CABINET must review and approve the Construction Engineering and Inspection agreement and the agreement with the service provider and a copy of both in the PROJECT file as required by FHWA. If the RECIPIENT elects to hire a consultant, the RECIPIENT must ensure that the consultant staff is competent in construction inspection and performs all work under the direct supervision of a registered professional engineer or architect licensed in the Commonwealth of Kentucky. The use of a consultant does not relieve the RECIPIENT of ultimate responsibility for the proper administration and inspection of the construction. If a consultant is used to provide inspection services, the RECIPIENT must also provide an appropriately certified and licensed RECIPIENT employee to be in responsible charge of the PROJECT and oversee the inspections. When an Alternative Construction Inspection Plan is submitted, the RECIPIENT must ensure sufficient quantity and quality are delivered and that proper inspection documentation is maintained. The Alternative Construction Inspection Plan must be performed under the supervision of a Professional Engineer licensed in the State of Kentucky, include credentials and experience of inspectors, indicate testing consistent with the CABINET’s Sampling Manual, detail the frequency, who will be responsible, and what will be included in reports, and coordinate with the CABINET’s construction inspector. CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 10 of 21 The CABINET and/or the FHWA may conduct an announced or unannounced field review of the PROJECT at any time. This field review is intended to verify conformance with all laws, regulations, and policies applicable to the Federal-aid Highway Program and provide assistance to the RECIPIENT where necessary. Section 20. Davis-Bacon and Related Acts. The 1931 Davis-Bacon Act (prevailing Federal wage) requires the RECIPIENT of all Federal-aid construction projects to comply with contractor and subcontractor payment rates and fringe benefits as determined by the Secretary of Labor for corresponding classes of laborers and mechanics engaged on similar construction, alteration, and/or repair of public buildings or public works, painting, or decorating projects in the locality. Specific wage rates shall be included in the construction contract between the RECIPIENT and the contractor, which must also include a contract provision that overrides the general applicability provisions in Form FHWA-1273, Sections IV and V. Section 21. The Contract Work Hours and Safety Standards Act. During the construction of the PROJECT, the RECIPIENT shall comply with the Contract Work Hours and Safety Standards Act which contains weekly (after 40 hours) overtime pay requirements and applies to most Federal contracts which may require or involve the employment of laborers and mechanics, including watchmen and guards. Section 107 of the Act provides health and safety standards on covered construction work which are administered by the Occupational Safety and Health Administration (OSHA). The RECIPIENT shall refer to the Contract Work Hours and Safety Standards Act for the requirements under this provision. Section 22. The Copeland "Anti-Kickback" Act. The RECIPIENT shall comply with the "Anti- Kickback" section of the Copeland Act, which makes it punishable to induce any person working on a Federally funded or assisted construction project to "give up any part of the compensation to which he is entitled under his contract of employment." The RECIPIENT shall refer to the Copeland Act for the requirements under this provision. Section 23. Title VI - Civil Rights Act of 1964. The RECIPIENT shall comply with all requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Stat. 252), the Regulations of the United States Department of Transportation issued thereunder (CFR Title 49, Subtitle A, Part 21), and the assurance by the RECIPIENT pursuant thereto, including prohibition regarding discrimination. Section 24. Equal Employment Opportunity (Equal Opportunity Act of 1972). In connection with the execution of this AGREEMENT, the RECIPIENT shall take affirmative action and not discriminate against any employee or applicant for employment to ensure that applicants are employed, and that employees are fairly treated during their employment. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training including apprenticeship. The RECIPIENT shall incorporate the foregoing requirements of this paragraph in all subcontracts for services covered by this AGREEMENT. CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 11 of 21 Section 25. Non Discrimination (Executive Order 11246). Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the RECIPIENT agrees as follows: a. The RECIPIENT will not discriminate against any employee, applicant, contractor or consultant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, or age. The RECIPIENT further agrees to comply with the provisions of the Americans with Disabilities Act (ADA) 42 USC 12101 et seq, Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The RECIPIENT agrees to provide, upon request, needed reasonable accommodations. The RECIPIENT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. The RECIPIENT will, in all solicitations or advertisements for work placed by or on behalf of the RECIPIENT; state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. c. The RECIPIENT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the RECIPIENT's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The RECIPIENT will take such action with respect to any contract, subcontract or purchase order as the CABINET or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance. d. The RECIPIENT will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The RECIPIENT will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to the PROJECT books, records and accounts by the CABINET or FHWA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 12 of 21 f. In the event of the RECIPIENT's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the RECIPIENT may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law. g. The RECIPIENT will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every contract, subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No.11246 of September 24, 1965, as amended, so that such provisions will be binding upon each contractor, subcontractor, consultant or vendor. The RECIPIENT will take such action with respect to any contract, subcontract or purchase order as the CABINET or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a RECIPIENT becomes involved in, or is threatened with, litigation with a contractor, subcontractor or vendor as a result of such direction by the CABINET or FHWA, the RECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. Section 26. Disadvantaged Business Enterprise (DBE) Requirements. An applicant DBE firm must be given consideration for participation in the PROJECT and a DBE goal shall be set by the CABINET for work on the PROJECT. The CABINET shall review and approve the DBE goal based on CABINET processes and procedures. Any participating DBE firm must be certified as a DBE firm and be prequalified with the CABINET. The RECIPIENT agrees to comply with the DBE Requirements contained within 23 CFR 635 Subpart A, Section 1101(b) of Public Law 109-59 and 49 CFR Part 26 to ensure equal opportunity to socially and economically disadvantaged small businesses. Assurance. The contractor, subrecipient or subcontractor shall not discriminate in the performance of this AGREEMENT. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of contracts assisted by the United States Department of Transportation. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other allowable remedy the CABINET deems appropriate. Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include this provision. DBE Prompt Payment Requirement. The contract between the RECIPIENT and the contractor shall include a contract provision that requires the contractor to comply with 49 CFR 26.29 and pay its subcontractors within then (10) working days from receipt of each payment RECIPIENT makes to the contractor. The RECIPIENT shall prohibit the contractor from withholding retainage on any subcontract on this PROJECT to ensure prompt and full payment from the contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 13 of 21 Section 27. Prohibited Interest. No member, officer, or employee of the CABINET or the RECIPIENT during his tenure or for one (1) year thereafter shall have any financial interest, direct or indirect, in this AGREEMENT or the proceeds thereof as identified in KRS 45A.340. The CABINET and the RECIPIENT shall comply with the requirements of the Executive Branch Code of Ethics KRS Chapter 11A. No member, officer, or employee of the CABINET or RECIPIENT shall collude or lobby on behalf of this PROJECT without penalty, including but not limited to suspension or debarment. Section 28. Covenant Against Contingent Fees. The RECIPIENT warrants that no person, selling agency or other organization has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the CABINET shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the compensation, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Section 29. Interest of Members of or Delegates to Congress. No funding has been or will be paid to a member or delegate to the Congress of the United States in connection with the awarding of this Federal contract. Nor shall any member of or delegate to the Congress of the United States receive any benefit arising out of this Federal contract. Section 30. Standards for the Treatment of Historic Properties. Projects including but not limited to Historic preservation, impacting properties on or eligible for the Nation register of Historic Places shall meet applicable Secretary of the Interior's Standards for the Treatment of Historic Properties, the Standards and Guidelines for Archeology and Historic Preservation, and all other applicable federal or state historic property requirements prior to the payment of any monies under this AGREEMENT. Section 31. Maintenance as Public Facilities. The RECIPIENT agrees to maintain the facilities in an acceptable condition and for a public purpose in accordance with the Maintenance Plan. In addition, any applicable landscaping in any project shall be maintained in an acceptable condition to include mowing, trimming, or other maintenance. In the event that the property is not maintained as a public facility, the RECIPIENT shall reimburse the FHWA for all proceeds provided for in this PROJECT including any applicable interest, unless such change in use is approved in writing by the CABINET and FHWA, if applicable. Section 32. Americans with Disabilities Act. 42 USC 1201 et seq. The RECIPIENT agrees to comply with the provisions of the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, and other applicable Federal regulations relating hereto, issued by the U.S. Department of Transportation. ADA prohibits discrimination against otherwise qualified individuals under any program or activity receiving Federal financial assistance covered by this AGREEMENT and imposes requirements that affect the design, construction, and maintenance of all transportation projects, to provide access to all facilities. Section 33. Applicable Laws. This AGREEMENT shall be in accordance with the laws of the United States Department of Transportation, Federal Highway Administration, the United States of America, and the Commonwealth of Kentucky. CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 14 of 21 Section 34. Hold Harmless Clause. To the extent permitted by law, the RECIPIENT shall indemnify and hold harmless the FHWA and the CABINET and all of its officers, agents, and employees from all suits, actions, or claims of any character arising from any injuries, payments or damages received or claimed by any person, persons, or property resulting from implementation of any phase of the PROJECT or occurring on or near the PROJECT site. Section 35. Contract Completion. The RECIPIENT is responsible for ensuring that all PROJECT construction activities have been completed and is responsible for providing all of the necessary paperwork as required by the construction contract. This involves conducting a pre-audit of all contract items and associated paperwork. When complete, the RECIPIENT’s project engineer in responsible charge of the PROJECT shall notify the CABINET the PROJECT is ready for final inspection. The RECIPIENT will conduct, document and submit to the CABINET a field inspection to verify completion of the work in substantial conformance with the AGREEMENT. The RECIPENT’s project manager shall certify the PROJECT was constructed in accordance with the plans and specifications and that the contractor has paid all suppliers and subcontractors in full. In accordance with 2 CFR 200, the RECIPIENT shall maintain all PROJECT records for three (3) years after final payment. Section 36. Audit and Inspection. The RECIPIENT, contractor and any subcontractors shall permit the CABINET, the Comptroller General of the United States and the Secretary of the United States Department of Transportation, or their authorized representatives, to inspect and approve all phases of the PROJECT and all relevant PROJECT data and records, including any audit(s) of the RECIPIENT pertaining to the PROJECT. The RECIPIENT hereby acknowledges its duty to the CABINET to determine whether it is subject to the Single Audit Act of 1984, P.L. 98-502, and the Single Audit Act Amendments of 1996, P.L. 104-156. The RECIPIENT shall follow 2 CFR 200. In Accordance with 2 CFR Subpart F, If the RECIPIENT has expended more than $750,000 in Federal funding from all sources in the RECIPIENT’s fiscal year, the RECIPIENT shall provide the CABINET copies of their 2 CFR 200 Subpart F audit reports within 9 months of their fiscal year end. The RECIPIENT hereby acknowledges it is responsible to inform any entity it intends to hire or use as a contractor, as defined in KRS 45A.030(9), that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any of the contractor’s books, documents, papers, records, or other evidence, which are directly pertinent to this AGREEMENT for the purpose of financial audit or program review. Furthermore, any of the contractor’s books, documents, papers, records or other evidence provided to the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, or the Legislative Research Commission which are directly pertinent to the AGREEMENT shall be subject to public disclosure regardless of the proprietary nature of the information, unless specific information is identified and exempted and agreed to by the Secretary of the Finance and Administration Cabinet as meeting the provisions of KRS 61.878(1)(c) prior to the execution of the AGREEMENT. The Secretary of CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 15 of 21 the Finance and Administration Cabinet shall not restrict the public release of any information, which would otherwise be subject to public release if a State government agency were providing the service. Section 37. Campaign Finance. The RECIPIENT shall certify that the contractor swears under the penalty of perjury, as provided by KRS 523.020, that neither he/she nor the entity which he/she represents has knowingly violated any provisions of the campaign finance laws of the Commonwealth, and that the award of a contract to him/her or the entity which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth. Section 38. Violations. Pursuant to KRS 45A.485, the RECIPIENT shall certify that all contractors shall reveal to the CABINET any final determination of a violation within the previous five (5) year period pursuant to KRS Chapter 139, 136, 141, 337, 338, 341 and 342. These statutes relate to the State sales and use tax, corporate and utility tax, income tax, wages and hours laws, occupational safety and health law, unemployment compensation law, and workers compensation insurance law, respectively. The RECIPIENT shall certify that all contractors agree to be in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 for the duration of this AGREEMENT. Failure to reveal a final determination of a violation of the referenced statutes or to comply with these statutes for the duration of this AGREEMENT shall be grounds for the cancellation of the contract or subcontract and disqualification of the contractor from eligibility for future State contracts for a period of two (2) years. Section 39. Personal Service Contracts and Memoranda of Agreement. If this AGREEMENT comes under the purview of KRS 45A.690 - 45A.725, payments on personal service contracts and memoranda of agreement shall not be authorized for services rendered after disapproval of the Government Contract Review Committee unless the decision of the committee is overridden by the Secretary of Finance and Administration Cabinet or agency head, if the agency has been granted delegation authority. Section 40. Disputes. Any dispute concerning a question of fact in connection with the work, not disposed of by agreement between the RECIPIENT and the CABINET, shall be referred to the Secretary of the Transportation Cabinet of the Commonwealth of Kentucky, or his duly authorized representative, whose decision shall be final. Regulations concerning any claims to be filed by a contractor are referenced in 23 CFR 635.124. Section 41. Agreement Change. Any proposed change to the Scope of Work or time extension to this AGREEMENT shall comply with 23 CFR 635.120 and 635.121 and shall be evidenced in writing at the mutual consent of the RECIPIENT and the CABINET. Section 42. Termination. The CABINET may cancel all reimbursements under this AGREEMENT at any time deemed to be in the best interest of the CABINET by giving thirty (30) calendar days written notice of such cancellation to the RECIPIENT. If reimbursement under this AGREEMENT is canceled under this section by reason other than violation of this AGREEMENT or any applicable law by the RECIPIENT, its agents, employees and contractors, the CABINET shall reimburse the RECIPIENT according to the terms hereof for all expenses incurred under this AGREEMENT to the date of such cancellation of reimbursement. The RECIPIENT may seek to cancel its obligations under this CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 16 of 21 AGREEMENT at any time deemed to be in the best interest of the RECIPIENT by giving thirty (30) calendar days written notice of such request to the CABINET. If the CABINET agrees to allow the RECIPIENT to cancel the PROJECT or cancel its obligations under this AGREEMENT, the RECIPIENT shall reimburse the CABINET for all Federal funding reimbursements made under this AGREEMENT. Section 43. Resolution. The RECIPIENT shall pass a resolution authorizing the Mayor to sign this AGREEMENT on behalf of the RECIPIENT. An acceptable Resolution shall contain the Project name, description, amount of funds being provided and an acknowledgement that the RECIPIENT agrees to ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the AGREEMENT. Furthermore, by accepting the funds the RECIPIENT agrees to all terms and conditions stated in the AGREEMENT. A copy of the resolution shall be attached to the AGREEMENT (Attachment B) and returned to the CABINET prior to full execution of this PROJECT. Section 44. Responsible Charge. The RECIPIENT shall designate a Person in Responsible Charge of this PROJECT according to the terms outlined in Attachment C. The RECIPIENT will provide the name and contact information for the Person in Responsible Charge prior to full execution of this PROJECT. The Attachment C information must be current for the RECIPIENT to be in compliance with the federal regulations and an eligible recipient of federal funds. Should a change occur, the RECIPIENT must submit a revised Attachment C within 7 days. Failure to comply can result in cancellation of the PROJECT. CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 17 of 21 IN TESTIMONY WHEREOF, the parties have hereto caused this AGREEMENT to be executed upon signature by their proper officers and representatives. COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET: Approved as to form and legality: ___________________________________ ___________________________________ Attorney Jim Gray, Secretary Date: ______________________________ Date: ______________________________ City of Paducah: Approved as to form and legality: ___________________________________ ___________________________________ Attorney Mayor Date: ______________________________ Date: ______________________________ CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 18 of 21 ATTACHMENT A SCOPE OF WORK AND BUDGET SUMMARY Recipient DUNS#: 082397217 Project FAIN#: 693JJ21930000RPF9KY4000018 Scope of Work: Construct an extension from Ph1 of the trail along the Paducah Riverfront from Madison to Jefferson All federally-funded projects are set up in phases (design, ROW, utilities, construction). No work can begin on any phase of a project until the CABINET provides a written notice to proceed for that phase. Funding for this project will be programmed with FHWA as each phase is approved. Effective December 26, 2014, FHWA requires a project end date for each federal project phase programmed. As each phase of the project is programmed with FHWA a supplemental agreement will be sent to the project sponsor to add the funding and adjust the project end date. Any expenditure incurred by the project sponsor after the end date will not be eligible for reimbursement. If the project sponsor requires an extension, they must notify the Administering Office thirty (30) days before the project end date. Budget: Phase of Work Federal Funds Match Total Estimate per phase Design (programmed w/ FHWA)$0 $0 $0 Construction (programmed w/ FHWA)$432,500 $108,125 $540,625 Est Completed Project Total $432,500 $108,125 $540,625 CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 19 of 21 ATTACHMENT B ATTACH A RESOLUTION HERE SAMPLE RESOLUTION Whereas, the federal-aid highway program state administered funding was awarded the amount of $432,500, and Whereas this amount will be authorized in phases as federal requirements are met for the Greenway Trail Ph5 Project, and Whereas, City of Paducah does hereby authorize Mayor _______________________ to sign the above mentioned Agreement, as well as any other necessary documents relating to the project. The vote taken on said Resolution, the result being as follows: Motion Carried - Yes No (Please circle one) Signature _____________________________________________ Date _______________ Title _______________________________________________________________________ Witness ____________________________________________________________________ CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 20 of 21 ATTACHMENT C PERSON IN RESPONSIBLE CHARGE Upon federal-aid project delegation to the RECIPIENT by the CABINET, the undersigned hereby certifies the following, to the best of his or her knowledge and belief, on behalf of the RECIPIENT: 1. Pursuant to 23 CFR 635.105(c) (4), the RECIPIENT acting as a subrecipient of federal transportation funds must provide an employee of that agency, who is available full time, to be in responsible charge of the PROJECT. The individual in responsible charge of the PROJECT is held accountable for ensuring that all applicable Federal and State regulations are followed on the PROJECT. This person will have the authority and resources to manage the PROJECT and will be the primary point of contact with the CABINET. This person may be the project engineer provided that the project engineer is a full- time employee of the RECIPIENT. If the project engineer is a consultant, the person in responsible charge must be a full-time employee of the RECIPIENT. 2. The undersigned and the designated RECIPIENT’s person in responsible charge of this PROJECT has read and understands the contract administration and inspection responsibilities described in the CABINET’s Federal-Aid Highway Program Project Development Guide for Local Public Agencies (LPA Guide). 3. The undersigned will carry out this PROJECT in accordance with the applicable Federal and State laws and associated regulations identified in the LPA Guide. 4. The undersigned will enforce compliance with the above-mentioned laws, regulations, policies, and guidelines by its consultants, contractors, and subcontractors. 5. The undersigned certifies the designated person in responsible charge will: Have the ability to visit the PROJECT or attend meetings related to the PROJECT as needed. Be responsible for ensuring that the PROJECT is delivered on time in accordance with established milestones and the terms of the contract between the RECIPIENT and the CABINET. 6. In accordance with the requirements outlined above, RECIPIENT has selected the following individual as the person in responsible charge for the PROJECT: Name: Position with RECIPIENT: E-mail:Phone: Signature: 7. Should the RECIPIENT require a change to the Person in Responsible Charge, they will notify the CABINET, designate a new Person in Responsible Charge, and resubmit the Attachment C within 7 days of the change. The new Attachment C will be incorporated into this Agreement upon approval by the CABINET. ______________________________________________________________ Mayor Date CITY OF PADUCAH GREENWAY TRAIL PH5 01-03201 $432,500/ TA Page 21 of 21 Project Name: Greenway Trail Ph5 Item#: 01-03201 Project Type: CMAQ SRTS NSB TE TAP Vendor Name City of Paducah Vendor Invoice #90866-## Vendor Address Address Date of Request (MM/DD/YY) C/S/Z Billing Period of included invoices Service From (MM/DD/YY) This address must match the address on file with the Finance Cabinet Service To (MM/DD/YY) Contact Name Contract Number 20*1188 Contact Title Authorization Number 90866 Telephone #Federal Numbers 20.205, 4000-018 Budget Line Item Contract (Federal) Amount Contract (Federal) Amount Paid To Date Current Request Contract (Federal) Amount Remaining 0.00 0.00 0.00 0.00 Request Subtotal 0.00 20% Required Match 0.00 Total Paid by LPA 0.00 Vendor Certification I hereby certify that the commodities or services specified have been furnished to the Commonwealth of Kentucky; that the quality and the prices conform to the proposal and purchase order or contract; that payment, in whole or in part, has not been received from KYTC or any other source; that all materials for which we seek reimbursement adhere to the federal Buy America provisions; that all materials testing related to this project follows the KYTC materials testing specifications; and that all records relating to these requirements have been included in the project file. Signature Print Name Title Date Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Application for the COPS Hiring Program (CHP) Grant in the amount of $375,000 - B LAIRD Category: Municipal Order Staff Work By: Anthony Copeland, Ty Wilson Presentation By: Brian Laird Background Information: The Office of Community Oriented Policing Services (COPS) is the component of the U.S. Department of Justice responsible for advancing the practice of community policing by the nation's state, local, territorial, and tribal law enforcement agencies through information and grant resources. The COPS Hiring Program (CHP) is designed to increase the capacity of law enforcement agencies to implement community policing strategies that strengthen partnerships for safer communities and enhance law enforcement's capacity to prevent, solve, and control crime through funding for additional officers. 2020 CHP Awards will cover up to 75 percent of the approved entry-level salary and fringe benefits of each newly hired or rehired full-time sworn career law enforcement officer, with a maximum federal match of $125,000 per officer over the three-year (36-month) award period, with a minimum 25 percent local match requirement. There is a retention policy of 12 months following the end of the award period. The Paducah Police Department intends to use funding to hire three new officers that will also serve as School Resource Officers (SRO), who will serve the city's public school system, working in collaboration with the schools to provide a positive and visible law enforcement presence. The estimated cost for salary and fringe benefits for three officers over a 3-year period is $797,604. The amount requested will be $375,000 with a local match of $422,604. If the grant is approved, an MOU will executed with Paducah Public Schools to cover the cost of the match. It is anticipated there will be no cost to the City for salary and fringe benefits. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct the Mayor to execute all required grant application documents. Attachments: 1.Municipal Order MUNICIPAL ORDER ___________ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR A 2020 COPS HIRING PROGRAM (CHP) GRANT THROUGH THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) IN THE AMOUNT OF $375,000 FOR THE HIRING OF THREE POLICE OFFICERS WHO WILL ALSO SERVE AS SCHOOL RESOURCE OFFICERS (SRO) BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute all documents necessary to apply for a 2020 COPS Hiring Program(CHP) Grant through the Office of Community Oriented Policing Services (COPS) in the amount of $375,000. The Paducah Police Department intends to use funding to hire three new officers that will also serve as School Resource Officers (SRO). These officers will serve the city’s public-school system to provide a positive and visible law enforcement presence. The estimated cost for salary and fringe benefits for the hiring of three police officers over a three-year period is $797,604. The amount requested will be $375,000 with a local match of $422,604. If the grant is approved, a Memorandum of Understanding will be executed with Paducah Public Schools to cover the cost of the match. It is anticipated there will be no cost to the City for salary and fringe benefits. SECTION 2. This order will be in full force and effect from and after the date of its adoption. ______________________________ Brandi Harless, Mayor ATTEST: ______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 25, 2020 Recorded by Lindsay Parish, City Clerk, February 25, 2020 \mo\grants\police — 2020 Hiring Grant Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Application for the FY2019 Assistance to Firefighters Grant in the amount of $34,200- S KYLE Category: Municipal Order Staff Work By: Matt Tinsley, Ty Wilson Presentation By: Steve Kyle Background Information: The Paducah Fire Department proposes to submit a grant application to the Department of Homeland Security, Federal Emergency Management Agency (FEMA). The primary goal of the Assistance to Firefighter Grant Program (AFG) is to meet the firefighting and emergency response needs of fire departments and emergency service organizations. The request for funding in the FY2019 AFG Application will be for a hose, supply line, and nozzles. These items are being requested to help the Fire Department comply with NFPA 1710 regarding the water flow needed for a single family residential structure. The department is in the process of changing out their initial attack lines and nozzles. Some of the supply lines are quite old and are in need of replacement. The total project cost is estimated at $38,000. A 10% match of $3,800 is required, which will come from the Fire Department's general fund. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize the Mayor to execute all required grant application documents. Attachments: 1.Municipal Order MUNICIPAL ORDER NO. _________ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A FY2019 ASSISTANCE TO FIREFIGHTERS MATCHING GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, IN THE AMOUNT OF $34,200, TO BE USED FOR THE PADUCAH FIRE DEPARTMENT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute a FY2019 Assistance to Firefighters Matching Grant Application and all documents necessary through the Department of Homeland Security, Federal Emergency Management Agency, in the amount of $34,200, to be used for a hose, supply line and nozzles. The total project cost is estimated at $38,000. The City’s cash match of 10%, $3,800, will come from the Fire Department’s general fund budget. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. ____________________________________ Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 25, 2020 Recorded by Tammara S. Sanderson, City Clerk, February 25, 2020 \mo\grants\fire-FY2019 Asst to Firefighters Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Declaration and Sale of Surplus Property-831 Campbell Street - T TRACY Category: Municipal Order Staff Work By: Nancy Upchurch Presentation By: Tammara Tracy Background Information: This action would determine that the property located at 831 Campbell Street is surplus property and authorize the transfer of the vacant lot to the best evaluated bid. Legal advertising and posting on the property was done in accordance with City code. One bid was received. Case number SOA2019-250. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): I-9 Downsize the City’s ownership in real estate Funds Available:Account Name: Account Number: Staff Recommendation: Determine that the property is surplus, accept the bid of $1,000.00, and transfer the property to Michael Petter subject to the planting of at least one shade tree and the provision of a perimeter fence. Attachments: 1.Municipal Order 2.831 Campbell Street Transfer Report MUNICIPAL ORDER NO. ___________ A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 831 CAMPBELL STREET TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF MICHAEL PETTER IN THE AMOUNT OF ONE THOUSAND ($1,000) DOLLARS FOR PURCHASE OF SAID REAL PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME WHEREAS, pursuant to Section 2-668 of the Code of Ordinances of the City of Paducah, Kentucky, a written determination has been made that the City does not have any use at this time or in the future for property located at 831 Campbell Street, which constitutes surplus real estate; and WHEREAS, the City advertised for bids on December 17, 2019, and one (1) bid was received and opened on December 30, 2019; and WHEREAS, the City desires to accept the bid of Michael Petter, who proposes to plant at least one shade tree and install a perimeter fence. This lot will be used for parking and storage of equipment associated with his existing business located adjacent to this lot. NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners hereby declares the property located at 831 Campbell Street to be surplus property as it relates to the operations of the City. Further, the Board of Commissioners hereby accepts the bid of Michael Petter in the amount of $1,000 for the purchase of real property located at 831 Campbell Street. SECTION 2. The Mayor is hereby authorized to execute a deed and any necessary documents relating to same to complete the sale of the real property approved in Section 1 above. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ Brandi Harless, Mayor ATTEST: ___________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 25, 2020 Recorded by Lindsay Parish, City Clerk, February 25, 2020 \mo\prop sale–831 Campbell Street STAFF REPORT & DETERMINATION DISPOSITION OF ASSETS SOA 2019-250 2/11/2020 General Information The disposition of surplus or excess property is governed by City Code Section 2 -668; the sealed bid procedure is set out in City Code Section 2-645. The disposition of any property requires a written determination that includes: a description of the property; its intended use at the time of acquisition; the reason why it is in the best interest of the city to dispose of the item; and the method of disposition to be used. Property Description & Information ADDRESS 831 Campbell Street General Vicinity Map CASE NO. SOA 2019-250 SIZE OF PROPERTY 42’ by 160’ approx. IMPROVEMENTS None ZONING B-3 General Business District COMPREHENSIVE PLAN Urban Residential FLOODPLAIN Protected by Levee Acquisition of the Property A fire destroyed the residence on the site in 2019 and the remains were subsequently demolished in November 2019 at a cost of $4500.00. The lot was acquired by Deed Nov. 25, 2019. Since the lot is not in a programmed revitalization area, the City had no plans for development at the time of acquisition. Comprehensive Land Use Plan Zoning Map STAFF REPORT & DETERMINATION - DISPOSITION OF ASSETS 2/2 Disposition of the Property It is in the best interest of the City to transfer ownership of this property to a responsible citizen placing the property back on the tax rolls and eliminating the maintenance and liability costs. Bid Information In accordance with city and state regulations, a legal ad ran in the Paducah Sun on Dec. 17, 2019 requesting interested parties to submit a sealed bid on or before 4 PM on Dec. 30, 2019. Notice was also posted on the property requesting sealed bids. Only one bid was submitted. Staff Recommendation The site is located just off Park Avenue adjacent to the Lowertown Neighborhood at a unique juncture of 5 roads and a railroad. Mr. Petter has a successful business on the adjacent lot. Approval of this transfer would provide space for future expansion of that business. Therefore, it is recommended to determine that the property is surplus, accept the bid of $1000.00, and transfer the property to Michael Petter subject to the planting of at least one shade tree and the provision of a perimeter fence. File: R:\Planning\20 Community Dev\Surplus Properties\2019 Special Burn-out Sale\831 Campbell Street Transfer Report.docx BID #1 Michael Petter Bid Amount: $1,000.00 Mr. Petter proposes to plant a small shade tree on the front of the property. He will add a fence around the property. Completion within 12 months of closing. He will utilize the lot for parking/storage of equipment associated with his existing business located adjacent to this lot. Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Declaration and Sale of Surplus Property - 2706 Ohio Street - T TRACY Category: Municipal Order Staff Work By: Nancy Upchurch Presentation By: Tammara Tracy Background Information: This action would determine that the property located at 2706 Ohio Street is surplus property and authorize the transfer of the vacant lot to the best evaluated bid. Legal advertising and posting on the property was done in accordance with City code. One bid was received. Case number SOA2019-251. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): I-9 Downsize the City’s ownership in real estate Funds Available:Account Name: Account Number: Staff Recommendation: Determine that the property is surplus, accept the bid of $1200.00, and transfer the property to Dr. Velma J. Dennis, subject to the following: 1. Planting of at least one over-story shade tree. 2. Restoration of the residence or if a new home is constructed, the final site plan and elevations would subject to review and approval by the Director of Planning. 3. Inclusion of a clause in the deed stating that the property would revert back to the City of Paducah if the project is not substantially completed within 2 years. Attachments: 1.Municipal Order 2.2706 Ohio Street Transfer Report MUNICIPAL ORDER NO. ___________ A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 2706 OHIO STREET TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF DR. VELMA J. DENNIS IN THE AMOUNT OF ONE THOUSAND TWO HUNDRED ($1,200) DOLLARS FOR PURCHASE OF SAID REAL PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME WHEREAS, pursuant to Section 2-668 of the Code of Ordinances of the City of Paducah, Kentucky, a written determination has been made that the City does not have any use at this time or in the future for property located at 2706 Ohio Street, which constitutes surplus real estate; and WHEREAS, the City advertised for bids on December 17, 2019, and one (1) bid was received and opened on December 30, 2019; and WHEREAS, the City desires to accept the bid of Dr. Velma J. Dennis who proposes to refurbish the existing structure that will be maintained as a dwelling by a family member who is retiring and relocating to Paducah. NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners hereby declares the property located at 2706 Ohio Street to be surplus property as it relates to the operations of the City. Further, the Board of Commissioners hereby accepts the bid of Dr. Velma J. Dennis in the amount of One Thousand Two Hundred ($1,200) Dollars for the purchase of real property located at 2706 Ohio Street. SECTION 2. The Mayor is hereby authorized to execute a deed and any necessary documents relating to same to complete the sale of the real property approved in Section 1 above. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ Brandi Harless, Mayor ATTEST: ___________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 25, 2020 Recorded by Lindsay Parish, City Clerk, February 25, 2020 \mo\prop sale–2706 Ohio Street STAFF REPORT & DETERMINATION DISPOSITION OF ASSETS SOA 2019-251 2/11/2020 General Information The disposition of surplus or excess property is governed by City Code Section 2 -668; the sealed bid procedure is set out in City Code Section 2-645. The disposition of any property requires a written determination that includes: a description of the property; its intended use at the time of acquisition; the reason why it is in the best interest of the city to dispose of the item; and the method of disposition to be used. Property Description & Information ADDRESS 2706 Ohio Street General Vicinity Map CASE NO. SOA 2019-251 SIZE OF PROPERTY 50’ by 150’ approx. IMPROVEMENTS Single Family Residence ZONING R-2 Residential COMPREHENSIVE PLAN Neighborhood Conservation FLOODPLAIN Protected by Levee Acquisition of the Property Fire damaged the single-family residence that is on the lot. Due to the recent fire, the lot was acquired by Commissioner’s Deed Nov. 12, 2019. The City had no plans for the property at the time of acquisition. Comprehensive Land Use Plan Zoning Map STAFF REPORT & DETERMINATION - DISPOSITION OF ASSETS 2/3 R:\Planning\20 Community Dev\Surplus Properties\2019 Special Burn-out Sale\2706 Ohio Street Transfer Report.docx Disposition of the Property It is in the best interest of the City to transfer ownership of this property to a responsible citizen placing the property back on the tax rolls and eliminating the maintenance and liability costs. Bid Information In accordance with city & state regulations, a legal ad ran in the Paducah Sun on Dec. 17, 2019 requesting interested parties to submit a sealed bid on or before 4 PM on Dec. 30, 2019. Notice was also posted on the property requesting sealed bids. Only one bid was submitted. Staff Recommendation Redevelopment is generally always preferred; local ownership is also preferred. In this case, the bidder has three family members living in the same block. Her interest goes beyond restoring the home. She has a vision of a viable neighborhood with neighbors who care deeply about making Midtown Paducah a desired neighborhood to live and incre ase property values. Her proposal is to restore the home’s original beauty and glory. She proposes to invest up to $40,000 over the next two years. BID #1 Dr. Velma J. Dennis Bid Amount: $1,200.00 Dr. Dennis proposes to refurbish the structure and it will be maintained by a family member who will be retiring and relocation to Paducah. STAFF REPORT & DETERMINATION - DISPOSITION OF ASSETS 3/3 R:\Planning\20 Community Dev\Surplus Properties\2019 Special Burn-out Sale\2706 Ohio Street Transfer Report.docx Therefore, it is recommended to determine that the property is surplus, accept the bid of $1200.00, and transfer the property to Dr. Velma J. Dennis, subject to the following: 1. Planting of at least one over-story shade tree. 2. Restoration of the residence or if a new home is constructed, the final site plan and elevations would subject to review and approval by the Director of Planning. 3. Inclusion of a clause in the deed stating that the property would revert back to the City of Paducah if the project is not substantially completed within 2 years. _________ Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Accept the 2020 Parks and Recreation Master Plan - M THOMPSON Category: Municipal Order Staff Work By: James Arndt, Michelle Smolen Presentation By: Mark Thompson Background Information: Beginning in January 2019 consultants from Bacon Farmer and Workman, Peck+Flannery and Brandstetter/Carroll guided the Parks and Recreation Department staff and Steering Committee through the process of developing a parks and recreation master plan that will help guide the City for the next 10-15 years. The plan will serve as a tool to aid in the decision making processes in the future. A hard copy of the report is to be distributed to the Commission. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): N-1, R-1, R-3, R-4, R-5, R-6, R-10, R-11 Funds Available:Account Name: N/A Account Number: N/A Staff Recommendation: Approval of the 2020 Parks and Recreation Master Plan Attachments: 1.Municipal Order MUNICIPAL ORDER NO. ________ AN MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, APPROVING AND ADOPTING THE 2019 PADUCAH PARKS AND RECREATION MASTER PLAN WHEREAS, the City of Paducah approved Municipal Order No. 2162 on October 9, 2018, to approve an agreement with Bacon, Farmer and Workman Engineering & Testing, Inc. for the development of a Parks & Recreation Master Plan; and WHEREAS, Bacon, Farmer and Workman Engineering & Testing, Inc., developed the plan with the assistance of Peck Flannery Gream Warren, Inc. (PFGW) of Paducah in addition to Brandstetter/Carroll of Lexington; and WHEREAS, the Master Plan process included the creation of a citizen steering committee and meetings with stakeholder groups, interactive public workshops, surveys, online engagement tools, and public presentations; and WHEREAS, the Parks and Recreation Master Plan will provide a vision to guide the future growth, development, operations, and programs of the City’s parks and facilities, recreation and event programs, open spaces, and trail system. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Board of Commissioners of the City of Paducah, Kentucky hereby approve and adopt the 2019 Parks and Recreation Master Plan. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. ________________________________________ Brandi Harless, Mayor ATTEST: __________________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners February 25, 2020 Recorded by Lindsay Parish, City Clerk February 25, 2020 \mo\2019 Parks and Recreation Master Plan Adoption Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Contract with Remotec, Inc. to purchase an Explosive Ordinance Disposal Robot for the Police Department Bomb Squad for $442,064 - B LAIRD Category: Municipal Order Staff Work By: Ty Wilson Presentation By: Brian Laird Background Information: This project is funded by a grant through the Kentucky Office of Homeland Security and the U.S. Department of Homeland Security. Municipal Order 2240 allowed the Police Department to apply for this grant. The Police Department received the grant to purchase an Explosive Ordinance Disposal (EOD) Robot to replace the current outdated robot. This grant was accepted by Municipal Order 2301. Per procurement guidelines, the City of Paducah entered a competitive bid process for the EOD Robot. The bid opening was held in the Commission Chamber in City Hall on February 4, 2020 at 2 p.m. One bid was received. The bid from Remotec, Inc. met the qualifications lined out in the invitation for bid proposal. The bid allowed for additional components to be added to the robot, so the Purchase Order was updated to reflect the additions. The amount proposed of $442,064 was not larger than the amount of the grant awarded. The contract lines out the agreement between the City of Paducah and Remotec, Inc. All attached documents are a part of the contract documents. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize the Mayor to execute Contract documents. Attachments: 1.Municipal Order 2.Contract with Remotec 3.Rometec Bid 4.Updated PO from Remotec MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER ACCEPTING THE BID OF REMOTEC, INC., FOR THE PURCHASE OF AN EXPLOSIVE ORDINANCE DISPOSAL ROBOT IN AN AMOUNT OF $442,064, FOR USE BY THE PADUCAH POLICE DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah accepts the bid of Remotec, Inc. for the purchase of an explosive ordinance disposal robot in an amount of $442,064 for use by the Paducah Police Department, said bid being in substantial compliance with bid specifications, and as contained in the bid of Remotec, Inc., of February 4, 2020. SECTION 2. The Mayor is hereby authorized to execute a contract with Remotec, Inc., for the purchase of an explosive ordinance disposal robot, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. This purchase shall be funded by grant funding received through the Kentucky Office of Homeland Security and the U.S. Department of Homeland Security. Said grant funds were accepted by Municipal Order No. 2301 on November 26, 2019. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. _____________________________ Brandi Harless, Mayor ATTEST: ____________________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 25, 2020 Recorded by Lindsay Parish, City Clerk, February 25, 2020 MO\agree - police EOD Robot contract Remotec AGREEMENT TO PURCHASE AN EXPLOSIVE ORDINANCE DISPOSAL (EOD) ROBOT THIS AGREEMENT, made this day of , 2020 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and REMOTEC, INC. hereinafter called the VENDOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide an EOD Robot to be used by the Police Department, Bomb Squad in full compliance with the Bid Proposal Dated February 4, 2020 and with this Agreement, the Specifications, Terms and Conditions, and any Addendum(s) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Vendor hereby agrees to commence work under this Contract and to fully complete the delivery of the EOD Robot within 240 consecutive calendar days thereafter from the date of this Agreement. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Vendor the following, subject to additions and deductions provided therein: Four hundred forty-two thousand sixty-four dollars ($442,064) as quoted in the aforementioned Vendor’s Bid Proposal and as approved by the Board of Commissioners on ___________ by Municipal Order #____________. ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory training in accordance with the Contract Documents and the Specifications. The Payment shall constitute full compensation for the work and services authorized herein. ARTICLE 5. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications, terms and conditions, and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY __________________________ BY ____________________________ TITLE ________________________ Brandi Harless, Mayor ADDRESS: ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-226 t%I0Ri11iOpPrintDate:2/12/2020GRUMMANREV:0QUOTEDomesticREMOTECReferenceNo.7708FROM:NorthropGrumman,Remotec,Inc.Date:2-9-2020353JDYarnellIndustrialParkwayClinton,TN37716Terms:Net30DaysAttn:BradCallahan865-269-1165Phone:(865)483-0228PricesareFOB.OriginFax:(865)483-1426Clinton,TNDelivery:240daysorlessTO:PaducahPoliceDepartmentAfterAcceptanceofOrderMatthewHopp(ForMulti-VehicleOrders1400BroadwayCheckWithSalesDept.)Paducah,KY42001904-465-6506mhopppaduchky.govThispricingvalidfor90days.ITEMDESCRIPTIONPARTNO.QTY.UNITPRICETOTALPRICEANDROSFXVehicleAssemblyIncludes:2470-01001$238,128$238,128-PositionFeedbackwithUserPresets-Cameras-SurveillancecolorcamerawithwhitelightandiRLED’sandPanITilt(Continouspan)-Gripperpalmcamera-Frontandreardrivecameras-Colorarmcamera-AccessoryInterfaceMount(includesadapterandjumpercable)-VehicleBatteryPack-ToolKitOneOperation/MaintenanceManual(CD-ROM)(IncludedinItem1)1VehicleBatteryChargerAssembly(IncludedinII)2470-0150-X21/2DaysOperator/Maintenance•frainingatREMOTEC(maximumclasssizeis6people)TRAINING-Gal(IncludedinItem1)SeeNote(2)121/2DaysOperator/MaintenanceTrainingatGetSeparateCustomerFacilitySeeNote(3)TRAINING-001QuoteCONTROLSYSTEMOPTIONS1.Requiresitem2pIusatleastonPowerOption(Item3or4) 2.SystemrequiresOCU,PowerOption,plusatleastoneDataLinkforoperationX-RayAssembly(fitsGoldenX-RaySystems)Workswithdrum&‘bread-maker”stylefilmIj$4,7762OperatorControlUnitIncludes:2470-83001$18,290$18,290-Handheld2470-8123I_____________-CpuModule2470-8175-BreakoutBox(includesDCpowercable)2470-8160POWEROPTIONS-Mustchooseatleastone3Option1(DCpoweronly)includes:$970$--12voltbatteryE3600-8106-12voltbatterycharger(mustspecifyplugtypeifoutsideUS)CHGR-0194Option2(ACpoweronly)includes:2470-8200-11-ACPowerBox-DCAdapterCable-ACCord(mustspecifyplugtypeinoutsidetheUS)5Option3PortableOCUConversionKitincludes:2470-8700j[$ThepelicancasemodforpackagingofOCUitemsintoaBATTERY-portableconfigurationBB25902BB2590batteries2singleBB2590chargersCHGR-032DATALINKOPTIONS6RadioControlAssembly(Includescase)1(Requiresfrequenciespriortoproduction)2470-8440-X$45,582$45,582CaseforRadioCASE0241liii,IIIII_I7MIMOWirelessCommsSystem24708440$34837FiberOpticCableReelAssembly(2000ft.)(Includescase)$21,518$21,518CaseforFiberCASE-00619SpareSpoolofFiberOpticCable(2000ft.)D7040-83251$1,536$1,536AUDIONIDEOOPTIONS10CameraPan/TiltAssembly(CanBeUsedOnArm2470-50001$14,730$14,730CameraSightingKitAssembly(forDisruptor,Shotgun,BreacherMounts)2470-38252$901$1,802HLaserAssembly2470-38203$345$1,03512LaserFilterAssemblyC7055-38302$885$1,770GripperHeldSearchCameraB3875-5130I$2,332$2,33214ThermallmgagerAssemblyforPITCamera2470-50701$6,865$6,865HighIntensityLightAssembly(includesbattery&15charger)2470-3845$1,585$-1623”TouchLEDMonitorMONITOR-151$1,103$1,103SensorMountsMODULE-17NeyaSensorBoxSENSE-001$17,623$-18CBRNMountAssywithInterfaceCableAssy2470-3855$1,301$-19CanberraSensorMountingKit2470-6210$1,348$-20FIDOSensorMountingKit2470-6220$1,025$-21FirstDefenderSensorMountingKit2470-6230$1,025$-22MultiRaeProSensorMountingKit2470-6250$1,025$-232470-3807I$1,760$1,760 ContaminationSmearAssembly(Forswabsampling)-TOOLS25ReceiverGripAssy.(GripperBlock)B2461-58501$239$23926DualPanDisrupterMountAssembly2470-52201$1,136$1,13627PANDisrupterDlSRUPTER003**2$3,843$7,686.DISRUPTER-004-28PANDisrupterKitWithAluminumStandA**$6567$-29PANDisrupter,T3,TitaniumDISRUPTER005**$5,040$-30PANDisrupterElectricBreechBRCH-ELEC-KIT-PAN$4,108$-DualDisrupterMountAssembly(forRoyalArmsorNeutrex29mm/2Omm-PleaseSpecify),-32ShockTubeInitiator,TwoChannelINIT-2CH-FX$2,237$-33ShockTubeInitiator,FourChannelINIT-4CH-FX1$3,175$3,1753437mmand40mmBreacherMountAssemblyE7055-60901$3,604$3,60435Breacher,GL6,40mm,rifledbarrelBRGL640MM**1$$5735Breacher,GL65,40mm,rifledbarrel(longBR-GL65-cartridge)4OMM**$5,483$-37Breacher-L6-37mm,smoothboreBRL637MM**$4,516$-38Breacher-L8-37mm,smoothbore(longcartridge)BRL837MM**$4,654$-BR-SL65-39BR-SL65-37mm(SageorArwenAmmoonly)37MM**$3,201$-.BREACH-ELECT40ElectricBreachT3DisrupterT3$3534$-41StrikerMountAssemblyE7055-6095—$3,784$-42Striker12ShotgunSTRIKER12**$1,955$-43PicatinnyRailClawAssemblyD7045-2726$1,728$-44PicatinnyRailCableCutterAssemblyC7040-7030$473$-45CircularSawAssembly(Batteryincluded)7057-7070-1$2,014$-46ReciprocatingSawAssembly(Batteryincluded)7057-7080-1—$2,014$-47DrillAssembly(Batteryincluded)7057-7040-11$2,332$2,33241ChargeDropper2470-3830BATS3-REM-BLOCKACCESSORYTOOLSYSTEMANDROS$8,437$8,43743IdealMiniGanderMINIGANDER1$7,203$7,20344PowerHawkAssembly2470-75001$35,722$35,722IncludesthefollowingPowerHawkUnitPOWERHAWK003—PowerHawkKitCaseForPowerHawkCASE02445DrawbarPackage(DoesNOTincludereceiverhitc7181-7590182746WaterDiscrupterDeployerKitC2461-7585$2,067$-47ReceiverHitchKit2470-75801$279$279MAINTENANCE48SparePartsKit(perrobot)2470-0164II$26,500$-49SpareBatteryPackDrawerAssemblyI2470-16501I$2,085$2,085 50SecondYearExtendedWarrantyContractMAINTENANCE-006$7,579$-51ThirdYearExtendedWarrantyContractMAINTENANCE-006$7,579$-52FourthYearExtendedWarrantyContractMAINTENANcE-007$9,678$-53FifthYearExtendedWarrantyContractMAINTENANCE-007$9,678$-54SixthYearExtendedWarrantyContractMAINTENANCE-008$11,077$-FiveYearsofExtendedWarranty(Years2through6)MAINTENANCE-009$38,531$-Subtotal$442,064Subtotal(TotalFromMisc.Items)(Seeattachmentifgreaterthan0)$-PACKAGING&FREIGHT56CustomerPick-up57PackaginginReusableShippingCrateCRATE-006$1,590$-58ShipItemsFREIGHT$1,060$-Shipping&HandlingSubtotal$-Othercharges/discounts$-TOTALSalePrice$442,064**ThisitemrequiesthecustomertoobtaintherequiredATFIFCCLicensing,whichmayresultinproductandlordeliverydelays.RemotecisnotresponsibleforanydelaysincludingdeliveryasaresultofanyATForFCClicensingrequirement.(1)PriceslistedareforsalesinU.S.A.only.Exportpricesareavailableuponrequest.(2)Additionalpricingavailableuponrequestforoff-sitetrainingatcustomer’sfacility.(3)PleaseseeREMOTEC’stermsandconditionsfordetailsonour1yearlimitedwarranty.ExtendedServicecontractsareavailable.PleaseseetheExtendedServiceTabfordetailsofcoverage.(4)PricesarebaseduponacceptanceofREMOTEC’sTermsandConditions(attached).Anydeviationfromtheseconditionsmayresultinapriceincrease.(5)Remotecreservestherighttosubstitutethelatestproductionpartforitemspurchased.Thismaybeequalorsustantiallybetterthanthepartshownasordered.(6)TrainingincludedinRoboticunitpurchasesexpireifunusedoneyearfromdeliverydateoftheRobotic(7)Multiunitsaleswillearntrainingclassesbasedontheformulaofonefreeclassforeveryfiveunitspurchased(roundedup)NOTE:“Acceptanceofordermaybedelayedwhilenegotiatingtermsandconditions,acquiringcustomerorderdetails,acquiringradiofrequencies,andresolvinganyotherunforeseenissueswhichmayrequireresolutionpriortoschedulingtheproductionofitemsordered.Business-ManagementAprovIContratsArAS1!rthA REMOTEC®DOMESTICSALESTERMSANDCONDITIONSA.DEFINITIONS“Seter”meansREMOTEC,Inc.“y”meanstheotherpartytothisagreementthatispurchasingthegoodssubjecttothesetermsandconditions.B.ACCEPTANCE/AGREEMENTAllordersaresubjecttofactoryacceptance.AdditionalordifferenttermsoranyattemptbytheBuyertovary,inanydegree,anyofthetermsofthissalesagreementformshallbedeemedmaterialandareobjectedtoorrejected,butthissalesagreementformshallnotoperateasarejectionoftheBuyer’sofferunlessitcontainsvariancesinthetermsofthedescription,quantity,priceordeliveryscheduleofthegoods.C.LIMITEDWARRANTYSellercovenantsandagreesthattheworkandequipmentdeliveredunderthisordershallbefreefromdefectsinmaterialandworkmanshipatthetimeofdelivery.WheneverSellerisactingasareselleroftheproductsofanothermanufacturer,Sellerprovidesthiswarrantysolelyasapass-through’warrantyonbehalfoftheoriginalequipmentmanufacturer(OEM).Sellerwill,atitssoleoptions,repair,correct,orreplace(orfacilitatesuchrepair,correctionorreplacementbytheOEM),FOB.pointofmanufacture,anysuchworkorequipmentwhichprovestobedefective,providedthatSellerisgivenwrittennoticeofanysuchdefectnolaterthanone(1)yearafterdelivery(ashereafterdefined)bySeller.Sellerwillconductthedefectinvestigationoftheworkand/orequipmentattheinstallationsiteandrepair,correctorreplacethedefectiveitematsuchsiteoratitsdesignatedfacility.RepaircorrectionorreplacementinthemannerprovidedaboveshallconstitutecompletefulfillmentofallSeller’sobligationsunderthisassurance.Suchassuranceshallnotapplytodesignortoanyequipmentorpartswhichhavebeensubjectedtoaccident,misuseorunauthorizedalteration,tonormalwear(whichincludescomponentswithinnatelylimitedlife),ortodefectscausedbynotcomplyingwithSeller’sinstallationandservicerequirements(ifthefailedequipmentorpartswerenotinstalledbySeller).ThisassuranceshallapplytoandincludethecorrectionofTechnicalDatapertinenttodefectiveworkandequipmenttotheextentdelineatedhereinabove,butinnoeventtoincludecomputersoftware.Iftherepair,correctionorreplacementofwork,orequipmentisnotwithinthescopeofthisclause,thenSellershallrequireaseparatepurchaseorderfromtheBuyerperformthework.ThewarrantyprovidedbySellerhereinisexclusivelylimitedtotheproductsmanufacturedbySeller,specificallytheREMOTEC®ANDROSRobot.Warranties,ifany,associatedwithallotherproductsareexclusivelyandexpresslylimitedtothosewarrantiesprovidedbythemanufacturersofsuchproductswhicharebytheirtermsavailabletoSeller’scustomers.Theinstallationoruseofanythirdpartyaccessory,assembly,radioandortoolnottestedandapprovedbySeller’sforuseonSellerproductswillcausethewarrantyontheSeller’sproductstobevoided.THEFOREGOINGCOVENANTSAREEXCLUSIVEANDAREINLIEUOFANYWARRANTYOFMERCHANTABILITY,FITNESSFORPURPOSE,OROTHERWARRANTYOFQUALITY,WHETHEREXPRESS,STATUTORYORIMPLIED.INNOEVENTSHALLSELLERBELIABLEFORSPECIAL,INDIRECT,INCIDENTAL,ORCONSEQUENTIALDAMAGES.D.CANCELLATION/TERMINATIONTheBuyermayterminatethisorderinwholeorinpartforitsconvenienceuponwrittennoticetoSellerinwhicheventSellershallbeentitledtoterminationchargesconsistingofapercentageoftheorderpricereflectingthepercentageoftheworkperformedpriortoterminationplusactualdirectcostsresultingfromtermination.E.PROPRIETARYINFORMATIONAlldrawings,diagrams,specifications,andothermaterialsfurnishedbySellerandidentifiedasproprietary,relatingtotheuseandserviceofarticlesfumishedhereunderandtheinformationtherein,areproprietarytoSeller(orincaseswhereSellerisactingasareseller,suchinformationisproprietarytotheOEM).BuyermaynotreproduceordistributesuchmaterialsexcepttoBuyer’semployeeswhomayusethearticlesaspartoftheirduties.Sellerwilltreatdrawings,specifications,ordatafurnishedbyBuyerinconnectionwiththisorderasproprietary,whenidentifiedassuch,inconnectionwiththispurchase.F.DELIVERY/ACCEPTANCEThepromiseddeliverydateisthebestestimatepossiblebaseduponcurrentandanticipatedmanufacturingcapabilitiesofwhentheproductwillbeshipped.Sellerassumesnoliabilityforloss,damage,orconsequentialdamagesduetodelay.G.CLAIMS/NOTICEOFDEFECTSFailureoftheBuyertoobjectinwritingtoanymerchandisewithin30daysafterreceiptthereofwillconstitutecompleteacceptancebyBuyerofsuchmerchandise.RejectedmaterialmustbereturnedtoSeller,F.O.B.Origin,within45daysafterreceiptandwithpriorauthorizationfromSeller.Sellermay(atitsoption)reconditionorreplacetherejectedmaterialtomeetBuyer’sspecificationswithinareasonabletimeperiodafterreceipt.Claimsforshippingdamagemustbemadewiththecarrier.H.FORCEMAJEUREFulfillmentofthisorderiscontingentupontheavailabilityofmaterials.Sellershallnotbeliableforanydelayindeliveryorfornon-deliveryinwholeorinpartcausedbytheoccurrenceofanycontingencybeyondthecontrolofeitherSellerorsupplierstoSellerincludingbutnotlimitedtowar,sabotage,actsofcivildisobedience,failureordelayintransportation,actofanyGovernmentoragencyorsubdivisionthereof,judicialaction,labordispute,fire,accident,explosion,epidemic,quarantine,restrictions,storm,flood,earthquake,actsofGod,shortageoflabor,fuel,rawmaterialormachinery,ortechnicalfailurewhereSellerhasexercisedordinarycareinthepreventionthereof.I.PAYMENTTERMSDomestic:Seller’spaymenttermsareNet30daysbasedoncreditapproval.Sellermay,atanytime,suspendperformanceofanyorderorrequirepaymentincash,security,orotheradequateassurancesatisfactorytoSellerwhen,inSeller’sopinion,suchactionwarrants.SellerreservestherighttoassesslatechargesonUSaccountsduepast30daysattherateof18%perannum.AllgoodsdeliveredbySellershallremainthepropertyofSelleruntiltheBuyerhaspaidinfullforthesegoods.Oncertainvehicleorders,ifmutuallyagreedbetweenSellerandBuyer,Sellermayholdcompletedvehicle(s)orotherproductsinitsfacilitypendingtraining,IfSellerholdscompletedvehicle(s)orotherproductstofacilitateusertraining,thevehicle(s)/productswillbedeemedtohavebeenshippedinREV0806/26/2018p.1of2 REMOTEC®DOMESTICSALESTERMSANDCONDITIONSplace,andSellerwillissueaninvoicetoBuyerforsaidvehicle(s)/products.IfatBuyer’srequestortomeetBuyer’srequirements,trainingisscheduledtooccurmorethan30daysaftervehicle/productcompletion,Sellermay,atitsdiscretion,chargeBuyerastoragefeeof$50.00permonthpervehicle,or$50.00permonthperotherenditem,andassesslatechargesinaccordancewithDomestictermsasstipulatedherein.International:AllpaymentstoSellerarerequiredtobefullypaidinadvanceatthetimeofcontractacceptancebySeller,orsecuredbyaConfirmedLetterofCreditforthefullamountofthecontractnegotiableatSellerBank’scounter.IfaLetterofCreditisused,paymenttermsare6O%ofcontractvaluedueuponcontractacceptancebySeller,andtheremaining40%duewithin30daysofsuccessfulinspectionofcompletedproductatSeller’slocationforallinternationalorderswithavaluegreaterthan$1,000US.AlldrawsagainsttheLetterofCreditbySellershallbemadeuponwrittencertificationbySellerthatthecontracthasbeenaccepted,orthattheproducthasbeensuccessfullyinspectedandisreadyforshipment,andnootherconditionsonthedrawshallberequired.Latechargeswillbeassessedoninternationalaccountsduepast30daysattherateof20%perannum.J.REMEDIESINTHEEVENTOFCANCELLATIONORDEFAULTIntheeventtheBuyercancelsthisorder,orbecomesoverdueonitsaccountpayabletoSellerbyfailingtopayforthisorderwhendueinaccordancewiththetermshereof,inadditiontothechargesassessedtotheBuyerpursuanttoParagraphsDandIofthisAgreement,theBuyershallberequiredtopayallcostsofcollection,including,whethersuitbebroughtornot,attorneyfees,courtcosts,collectionexpenses,andotherexpenseswhichSellermayincurorpayintheprosecutionofdefenseofitsrightshereunder,whetherinjudicialproceedingsatlaworinequity,includingbankruptcycourtandappellateproceedings,orwhetheroutofcourt.K.GENERALPROVISIONSAnycauseofactionarisingfromthisagreement,orbreachofit,mustbecommencedafterthecauseofactionoccurswithinthestatuteoflimitationsperiodallowedunderapplicablelaw.Sellerreservestherighttocorrectanystenographicalorclericalerrorsinanyofthewritingsissuedbyit.ThetermsandconditionsofsaleandanydescriptiononthefaceofSeller’swritingsconstituteacompleteandexclusivestatementofthetermsandconditionsofthesaleofthegoodsbySellertoBuyer.Buyermaynotassignanyrightsto,ordelegateanyperformanceowedundertheagreementwithoutthewrittenconsentofSeller,whichshallnotbeunreasonablewithheld.L.LIMITATIONOFLIABILITYNotwithstandinganycontraryprovisioncontainedinthisoranyotheragreement,SellershallnotberesponsibletoBuyerincontractortort(includingnegligence)orotherwiseforanyindirect,incidental,specialorconsequentialdamagesofwhatsoevernature,orforattorney’sfees,lossofuse,lossofmarketshare,orlostprofitshoweverthesearecharacterized.SellershallnotbeliabletoBuyerforanamountwhichincombinationwithallclaimsbyBuyeragainstSellerunderthisagreementexceedsthevalueofthissalesagreement.Inanyevent,theliabilityofSellertoBuyer,whetherincontract,tort(includingnegligence)orunderanywarranty,orotherwise,isexclusivelylimitedtotheremediesexpresslyprovidedunderthetermsofthisagreement,inlieuofanyandallotherremediesatlaworinequity.M.COMPLIANCEWITHLAWBuyeragreestocomplywithallapplicableU.S.Government,state,andlocalstatutes,laws,andregulations,includingwithoutlimitationtheArmsExportControlAct,ForeignCorruptPracticesAct,FederalAviationAdministration(FM)regulationsontheuseandoperationofUnmannedAircraftSystems(UAS5),andallapplicableexportregulations,andherebyagreestoindemnifyandholdharmlessSellerfromanyandallliability,loss,ordamagecausedbyBuyers’violationofanysuchstatutes,laws,orregulations.N.INDEPENDENTCONTRACTORUndertheprovisionsofthisAgreement,thepartiesshallactsolelyasindependentcontractors,andnothingcontainedherein,expressorimplies,shallatanytimebeconstruedtocreateanyotherrelationship.0.APPLICABLELAWThisAgreementshallbegovernedby,andconstruedinaccordancewith,thelawsoftheStateofTennessee,exceptwithregardtoitsrulesconcerningchoiceoflaw.P.SHIPPINGPOINTAllgoodsareshippedFOBClinton,Tennessee37716,UnitedStatesofAmerica.Q.PRODUCTOPERATIONBuyershallbesolelyresponsiblefortheproperuseofallproducts,shallcomplywithallapplicablelawsandregulationsinitsoperationsperParagraphMabove,shallstrictlyadheretotheinstructionsinallapplicableoperationandmaintenancemanuals,andshallproperlytrainitsoperatorsinthesafeuseofallproducts.R.INSURANCEANDINDEMNIFICATIONFORUSEExceptintheeventthatBuyerisaself-insuredgovernmentorganization,BuyershallmaintainappropriateinsuranceCoverage(generaliabilityand/oraviation,asapplicable)withaliabilitylimitationofnotlessthan$5millioncoveringBuyer’soperationofSeller’sproducts,TheBuyer’sinsurancecoverage(s)shallbeonaprimaryandnon-contributorybasis.BuyerherebyindemnifiesSellerfromallclaims,includingthirdpartyclaims,whichariseasaresultoftheBuyer’suseormisuseoftheproducts.Thisclauseshallsurvivetheexpirationorterminationofthisagreement.S.EXPORTTheBuyershallnotre-exportortransferanyexport-controlledgoodsorinformation(e.g.technicaldata)fromtheUnitedStates(“U.S.”)toanynon-U.S.person,country,government,orentitywithoutfirstcomplyingwithalltherequirementsoftheITARorEAR,asapplicable.AnyPartyrequestingU.S.Governmentauthorizationtoexportexport-controlledinformationprovidedbytheotherPartyunderthisagreementmustfirstobtainthedisclosingParty’swrittenconsent.WrittenconsentbythedisclosingParty,however,shallnotrelievetheotherPartyofitsobligationstocomplywithU.S.exportcontrollawsandregulations.p.2of2REV0806/26/2018 RESOLUTION A RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY, IN SUPPORT OF POSTPONING THE REQUEST FOR BIDS FOR THE CONSTRUCTION OF A MUNICIPAL SPORTS AND RECREATIONAL FACILITY TO MARCH OF 2021 WHEREAS, the Board of Commissioners of the City of Paducah, Kentucky, desires to ensure that a request for bids for the construction of a Municipal Sports and Recreational Facility is postponed until after March of 2021. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah supports postponing the request for bids for the construction of a Municipal Sports and Recreational Facility to March of 2021. SECTION 2. This Resolution shall be in full force and effect from and after its adoption. ____________________________________ Brandi Harless, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, __________________________ Recorded by Lindsay Parish, _________________________ \resoln\Postpone Bid for Sports Facility Agenda Action Form Paducah City Commission Meeting Date: February 25, 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. Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Approval of contract with Adam's Contracting, LLC in the amount of $274,121 for the Perkins Creek "Bob Leeper" Pedestrian Bridge project - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: On Tuesday, January 28, 2020, sealed bids were opened and read aloud for the Perkins Creek "Bob Leeper" Pedestrian Bridge Project. Three responsive and responsible bids were received, with Adams Contracting, LLC submitting the lowest bid in the amount of $274,121.00. This bid is 1.6% above the Engineer's construction cost estimate. This Project is funded in part with a Recreational Trails Program grant administered by the Kentucky Department for Local Government in the amount of $100,000. Local funding of $80,000 from City of Paducah, as approved by Ordinance 2019-6-8576, $30,000 from McCracken Fiscal Court, $30,000 from Four Rivers Nuclear Partnership, $5,000 from GeoSynTec, and $5,000 from Veolia. An additional $80,000 will be transferred from the Boyles Estate Trust (PF0049) to fund the project. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): R-10: Plan, design and construct recreational trails near residential neighborhoods. Funds Available:Account Name: Bob Leeper Bridge Account Number: PA0119 Staff Recommendation: To receive and file bids and adopt an Ordinance authorizing and instructing the Mayor to execute a contract with Adams Contracting, LLC in the amount of $274,121.00 for construction of the Perkins Creek "Bob Leeper" Pedestrian Bridge. To authorize and instruct the Finance Director to move $80,000 from the Boyles Estate Trust (PF0049) into the Bob Leeper Bridge (PA0119) project account. Attachments: 1.Ordinance 2.Bid_Tab_Perkins Creek Pedestrian Bridge 3.Perkins Creek_Contract ORDINANCE NO. 2020-_____-_______ AN ORDINANCE ACCEPTING THE BID OF ADAMS CONTRACTING, LLC, IN THE AMOUNT OF $274,121 FOR THE PERKINS CREEK “BOB LEEPER” PEDESTRIAN BRIDGE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of Adams Contracting, LLC, in the amount of $274,121, for the Perkins Creek “Bob Leeper” Pedestrian Bridge Project, said bid being in substantial compliance with bid specifications, and advertisement for bids, as contained in the bid of Adams Contracting, LLC, of January 28, 2020. SECTION 2. That the Mayor is hereby authorized to execute a contract with Adams Contracting, LLC, for the Perkins Creek “Bob Leeper” Pedestrian Bridge Project, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. That the Finance Director is hereby authorized and instructed to transfer $80,000 from the Boyles Estate Trust (PF0049) into the Bob Leeper Bridge (PA0119) project account. The expenditure, authorized by Section 1 above, shall be charged to the Bob Leeper Bridge Project Account No. PA0119. SECTION 4. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ Brandi Harless, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, February 25, 2020 Adopted by the Board of Commissioners, ____________________________ Recorded by Lindsay Parish, City Clerk, ____________________________ Published by The Paducah Sun, _________________________________ \ord\eng\agree- Adams Contracting Bob Leeper Pedestrian Bridge Construction 00500 AGREEMENT Page 1 of 2 CITY OF PADUCAH, KENTUCKY ENGINEERING DEPARTMENT AGREEMENT FOR PERKINS CREEK PEDESTRIAN BRIDGE PROJECT THIS AGREEMENT, made this day of , 20__ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and ADAMS CONTRACTING, LLC hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services necessary for the construction of the PERKINS CREEK PEDESTRIAN BRIDGE PROJECT. All Work shall be in accordance with this Agreement, the Plans, Specifications and any Addendum(s) issued. Throughout the performance of this Contract, the Engineering-Public Works Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah. All work done by the Contractor shall be completed under the general supervision of the Engineer. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Contractor hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the project within One Hundred Eighty (180) consecutive calendar days thereafter. Failure of the Contractor to complete the work in the time specified above plus any extensions allowed in accordance with the General Conditions shall result in the assessment of liquidated damages for the delay (not as a penalty). Liquidated damages shall be in the amount of $500.00 per consecutive calendar day for failure to meet the final completion date and shall be withheld from final payment. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein: TWO HUNDRED, SEVENTY-FOUR THOUSAND, ONE HUNDRED, TWENTY-ONE DOLLARS ($274,121.00) as quoted in the Bid Proposal by the Contractor dated January 28, 2020 which shall constitute full compensation for the work and services authorized herein. ARTICLE 4. PROGRESS PAYMENTS The Contractor may submit each month, and no more than once a month, a Request for Payment for work completed in accordance with the Specifications. The Owner will make partial payments on or about thirty (30) days after submission of a properly completed invoice and approval of the completed work. At the Engineer’s discretion, a ten percent (10%) retainage may be held until final completion and acceptance of the work. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due sixty, (60) days after substantial completion of the work, provided the work will then be fully completed and the Contract fully performed in accordance with the specifications. 00500 AGREEMENT Page 2 of 2 ARTICLE 6. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 7. THE CONTRACT DOCUMENTS The Plans, Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. ADAMS CONTRACTING, LLC CITY OF PADUCAH, KENTUCKY BY __________________________ BY ____________________________ Scott Adams, President Brandi Harless, Mayor ADDRESS: ADDRESS: 131 Prosperous Place, Suite 19A Post Office Box 2267 Lexington, Kentucky 40509 Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Approval of Professional Services Contract with BFW Engineering & Testing, Inc. in the amount of $52,204 for the Floodwall Seal Closure Project - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: On July 25, 2017, the City of Paducah and the U.S. Army Corp of Engineers entered into a Project Partnership Agreement (PPA) authorizing the construction of the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project for flood risk management. The PPA was approved by the Paducah Board of Commissioners through Ordinance No. 2017-5-8484 on May 9, 2017. Federal regulations require cost-sharing for the PPA of 65% Federal Share and 35% Non-Federal Sponsor Share. The Non-Federal Sponsor Share includes both cash and in-kind contributions. As part of the City’s in- kind contribution, a fee proposal has been requested for design plans suitable for bidding for the permanent closure or alteration of 13 floodwall openings. The cost of the design contract will be counted as Non-Federal Sponsor Share in-kind match. BFW Engineering & Design has proposed a not-to-exceed fee of $52,204 for the preparation of bid plans including a plan and section of each opening, surveying of two openings where plans do not exist, use of existing technical drawings where available, technical specifications, design meetings, construction administration during construction, pre-placement inspection for each concrete placement, inspection and sample collection during each concrete placement, and sample testing. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Seal Closures Account Number: FW0011 Staff Recommendation: Authorize and instruct the Mayor to sign the professional services contract with BFW Engineering & Testing, Inc. in the amount of $52,204 for professional services related to the Floodwall Seal Closure Project. Attachments: 1.Ordinance 2.Floodwall Seal Closure Proposal_BFW ORDINANCE NO. 2020-_____-_______ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BFW ENGINEERING & TESTING, INC. IN AN AMOUNT NOT TO EXCEED $52,204 FOR THE FLOODWALL SEAL CLOSURE PROJECT WHEREAS, on July 25, 2017, the City of Paducah and the U.S. Army Corp of Engineers entered into a Project Partnership Agreement (PPA) authorizing the construction of the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project for flood risk management; and WHEREAS, federal regulations require cost-sharing for the PPA of 65% Federal Share and 35% Non-Federal Sponsor Share. The Non-Federal Sponsor Share includes both cash and in- kind contributions; and WHEREAS, as part of the City’s in-kind contribution, a fee proposal has been requested for design plans suitable for bidding for the permanent closure or alteration of 13 floodwall openings; and WHEREAS, BFW Engineering & Testing has proposed a not-to-exceed fee of $52,204 for the preparation of bid plans including a plan and section of each opening, surveying of two openings where plans do not exist, use of existing technical drawings where available, technical specifications, design meetings, construction administration during construction, pre-placement inspection for each concrete placement, inspection and sample collection during each concrete placement, and sample testing; and WHEREAS, a written determination has been made by the City Manager that this constitutes a professional services purchase and will be a noncompetitive negotiation purchase, pursuant to KRS 45A.380(3). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission does hereby accept the proposal of BFW Engineering & Testing, Inc. to provide professional services for the Floodwall Seal Closure Project in an amount not to exceed $52,204. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute the Professional Services Agreement with BFW Engineering & Testing, Inc. on behalf of the City of Paducah. SECTION 3. This expenditure shall be charged to the Seal Closures Project No. FW0011. SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ____________________________________ Brandi Harless, Mayor ATTEST: __________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, February 25, 2020 Adopted by the Board of Commissioners, ________________________ Recorded by Lindsay Parish, City Clerk, _________________________ Published by The Paducah Sun, ___________________________ \ord\eng\agree - BFW Floodwall Seal Closure Project Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Amend Code of Ordinances Section 78-32 Related to Vacation Leave - S SUAZO Category: Ordinance Staff Work By: Stefanie Suazo Presentation By: Stefanie Suazo Background Information: The accruals in the vacation leave ordinance for non-union employees were last amended in 1991. This amendment increases the vacation accruals for employees not included in a contractual agreement with the City to match the accruals in the Paducah Police Department Bargaining Unit. This amendment aligns with the City's goals to be a competitive employer to enhance employee recruitment and retention. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Amend Code of Ordinances Section 78-32 Related to Vacation Leave Attachments: 1.Ordinance ORDINANCE NO. 2020-_____-_______ AN ORDINANCE AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH WHEREAS, the City of Paducah values the employees and staff members of the City of Paducah; and WHEREAS, the City of Paducah wishes to recruit and retain quality employees by offering competitive benefits; and WHEREAS, the City of Paducah now wishes to amend Chapter 78 of the Code of Ordinances of the City of Paducah, to increase the accrual of vacation leave proportionately to the number of years of employee service. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, hereby amends Chapter 78 of the Paducah Code of Ordinances as follows: Sec. 78-32. – Vacation leave. (a) Generally. (1) Except for uniformed members of the Police and Fire Departments, all employees shall receive vacation time as follows:[ During the first year of employment, vacation time shall accrue at the rate of one-half (½) day per month for a total of six (6) days. Between the beginning of the second and the beginning of the fifth (5th) year of employment, employees shall accrue vacation at the rate of five-sixths ( 5/6 ) days per month, for a total of ten (10) days per year. From the beginning of the fifth year to the beginning of the tenth (10th) year of employment, the accrual rate shall be one (1) day per month for a total of twelve (12) days per year. Between the beginning of the tenth year and the beginning of the fifteenth year of service, the accrual rate shall be one and one-fourth (1 ¼) days per month for a total of fifteen (15) days per year. Between the beginning of the fifteenth year and the beginning of the twentieth year of service, the accrual rate shall be one and one-half (1 ½) days per month for a total of eighteen (18) days' vacation per year. From the beginning of the twentieth year through the twenty-fifth year of service, the accrual rate of vacation will be one and three-fourth (1 ¾) days per month for a total of twenty-one (21) days per year. For all employees with more than twenty-five (25) years of service, the accrual rate of vacation shall be two (2) days per month for a total of twenty-four (24) days per year.] During the first nine (9) years of employment, vacation time shall accrue per pay period for a total of 120 hours per year. At the beginning of the tenth year, vacation time shall accrue per pay period for a total of 160 hours per year. At the beginning of the fifteenth year, vacation time shall accrue per pay period for a total of 200 hours per year. At the beginning of the twentieth year, vacation time shall accrue per pay period for a total of 240 hours per year. Each member may accrue up to a maximum of 400 hours of vacation at any one time. Absence for a fraction or part of a day that is chargeable to vacation in accordance with the provisions of this article shall be charged proportionately in an amount not smaller than one (1) hour increments. (2) An employee may accumulate up to a maximum of [fifty (50) days] four hundred (400) hours of vacation at any one (1) time. Upon termination of employment, all employees shall be paid for any unused vacation leave not to exceed [fifty (50) working days] four hundred (400) working hours. No vacation leave shall be credited to any employee until such time as the employee has worked for the City for six (6) consecutive months, after which the vacation leave shall be credited from the date of employment. (3) After obtaining vacation eligibility, an employee may take vacation as may be reasonably scheduled with the employee's department director as hereinafter set forth in subsection (h) of this section, or, in the case of a department director, as may be scheduled with the City Manager. (4) A month in which an employee is paid for twelve (12) days or more shall be considered as a month of service. (b) Police Department. All present sworn and nonsworn employees [uniformed members] of the Police Department shall [continue to] receive vacation at the rate set forth above. All members of the collective bargaining unit shall receive the rates set forth in the current agreement. [of one and one-fourth (1 ¼) days of vacation for each month of employment with the City for a total of fifteen (15) days per year, except for those members who have begun their fifteenth year of service with the City, who shall receive vacation at the increased rate as hereinafter set forth. (1) All uniformed members employed after June 30, 1980, shall receive vacation time as follows: During the first fourteen (14) years of employment, vacation time shall accrue at the rate of one and one-fourth (1 ¼) days per month for a total of fifteen (15) days per year. Between the beginning of the fifteenth year and the beginning of the twentieth year, members shall accrue vacation at the rate of one and one-half (1 ½) days per month for a total of eighteen (18) days per year. From the beginning of the twentieth year to the beginning of the twenty-fifth year of employment, the accrual rate shall be one and three-fourth (1 ¾) days per month for a total of twenty-one (21) days per year. For all members with more than twenty-four (24) years of service, the accrual rate for vacation shall be two (2) days per month for a total of twenty-four (24) days per year.] (2) Each member may accrue up to a maximum of fifty (50) days of vacation at any one (1) time. […] SECTION 2. Changes to employee vacation accrual as outlined in Section 1, above, shall begin for the pay period starting March 12, 2020. SECTION 3. This Ordinance shall be read on two separate days and become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, February 25, 2020 Adopted by the Board of Commissioners, _____________________________ Recorded by the City Clerk, ______________________________ Published by The Paducah Sun, ___________________________ ORD\78-32 Increase to Vacation leave Agenda Action Form Paducah City Commission Meeting Date: February 25, 2020 Short Title: Approve a Budget Amendment in the amount of $1.5 Million for BUILD Grant Match and Project Related Expenses - J ARNDT Category: Ordinance Staff Work By: Audra Herndon, Lindsay Parish, Jonathan Perkins, Ty Wilson Presentation By: James Arndt Background Information: This ordinance approves a budget amendment in the amount of $1,500,000 from the General Fund Unreserved Fund Balance into the Build Grant Project Account #DT0050. These funds will be used as matching funds for the Better Utilizing Investments to Leverage Development (BUILD) Grant program which has been awarded to the City of Paducah by the U.S. Department of Transportation. These matching funds along with the $10.4 million awarded by the U.S. Department of Transportation will be used for the Riverfront Commons which includes Riverboat Excursion Pier and Plaza, Bike, Pedestrian, and Broadband Linkages, and Improvements to the landing near the Transient Boat Dock. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): E-4: Continue developing the riverfront from the Carson Center to the Convention Center Funds Available:Account Name: Build Grant Project Account Number: DT0050 Staff Recommendation: Approve the budget amendment. Attachments: 1.budget amend 2019-20 - February 2020 (3rd Amendment) ORDINANCE NO. 2020-_____-______ AN ORDINANCE AMENDING ORDINANCE NO. 2019-6-8578, ENTITLED, “AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2019, THROUGH JUNE 30, 2020, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT” WHEREAS, the City of Paducah has been awarded the Better Utilizing Investments to Leverage Development (BUILD) Grant by the U.S. Department of Transportation.; and WHEREAS, funds now need to be transferred into an appropriate project account for project related expenses and matching funds for the BUILD grant; and WHEREAS, KRS prohibits expenses to exceed the budget in any department and it is therefore necessary to amend the City’s FY2020 budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the annual budget for the fiscal year beginning July 1, 2019, and ending June 30, 2020, as adopted by Ordinance No. 2019-6-8578, be amended by the following re-appropriations: Transfer $1,500,000 from the FY2020 General Fund Unreserved Fund Balance to the BUILD Grant Project (DT0050) Project Account SECTION 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ Brandi Harless, Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, February 25, 2020 Adopted by the Board of Commissioners, _______________________ Recorded Lindsay Parish, City Clerk, ________________________ Published by The Paducah Sun, ______________________ \ord\finance\budget amend 2019-20 - February 2020 (3rd Amendment)