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HomeMy WebLinkAboutCCMPacket2020-09-22CITY COMMISSION MEETING AGENDA FOR SEPTEMBER 22, 2020 5:30 PM VIDEO AND/OR AUDIO TELECONFERENCE MEETING 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 return it to the City Clerk’s Office no later than 3:30 p.m. on the day of the Commission Meeting. 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 September 8, 2020 B.Receive & File Documents C.Personnel Actions D.Purchase of Solid Waste Dumpsters for the FY2021 from Municipal Equipment, Inc., Utilizing the Kentucky State Contract, for an amount not to exceed $130,000 -C YARBER E.Purchase of Nine (9) Police Pursuit Rated SUV’s for the Police Department for the total amount of $334,929 - C YARBER F.Purchase of Two (2) Pickup Trucks for use by the Street Department in the total amount of $53,600. - C YARBER G.Acceptance of a Law Enforcement Protection Program Grant in the amount of $11,305. - B LAIRD II. ORDINANCE(S) - ADOPTION A. Setting Tax Levies: Ad Valorem Properties - FY2021 - J PERKINS B. Purchase of Real Estate located at 2640 South 24th Street for the as-is purchase price of $8,000.00 - R MURPHY C. Final Annexation Ordinance for Bremer, Oliphant & King -- T TRACY III. ORDINANCE(S) - INTRODUCTION A.Collection of property taxes imposed by the Paducah Independent School District - J PERKINS IV. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience V. EXECUTIVE SESSION September 8, 2020 At a Meeting of the Board of Commissioners, held on Tuesday, September 8, 2020, at 5:30 p.m., Mayor Brandi Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5). In order to keep the Commission and public safe in the midst of the COVID-19 outbreak and in accordance with Kentucky Executive Order 2020-243 and SB 150, all members of the Board of Commissioners participated using video and/or audio teleconferencing. The public was invited to view the meeting on the government access channel Government 11 (Comcast channel 11). The meeting was also streamed on the City’s You Tube channel for the public’s convenience. Further, members of the public were invited to participate in the meeting to make public comments by joining the virtual teleconference. INVOCATION: Commissioner McElroy led the Invocation. PLEDGE OF ALLEGIANCE Commissioner Abraham led the pledge. PUBLIC HEARING – Property Tax Levy for FY20-21 Public Information Officer Pam Spencer offered the following summary: Property Tax Levy for FY2021 – Keeping Same Tax Rate as FY2020 (vote September 22) “The Paducah Board of Commissioners introduced an ordinance setting the real estate and personal property tax rates for fiscal year 2021. A property tax levy public hearing was held prior to the introduction of the ordinance. The City’s real estate tax levy is proposed to be set at 26.7 cents per $100 assessed value, the same rate as last year (fiscal year 2020). The City’s Compensating Rate, the rate that would keep the revenue at the same amount as FY2020, is 26.3 cents per $100 assessed value. Kentucky Revised Statutes (KRS) permits a city to adjust the rate upward by not more than 4 percent of the compensating rate. With the proposed 26.7 cents, the City would be taking a rate that is 1.5% more than the compensating rate. Since the City’s proposed tax levy is more than the compensating rate, a public hearing was required. The proposed rate of 26.7 cents is much less than what the rate was more than twenty years ago in fiscal year 1995. At that time the real estate rate was 43.8 cents per $100 assessed value. The revenue generated by the property tax is the City’s second highest revenue source behind the payroll tax.” September 8, 2020 CONSENT AGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed for separate consideration. There were no items removed. Mayor Harless asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for August 25, 2020 I(B) Receive and File Documents: Minutes File: 1. Notice of Regular Meeting of the Board of Commissioners of the City of Paducah – August 25, 2020 ((Virtual Meeting) Contract File: 1. Development Agreement between City of Paducah of Weyland Ventures Development, LLC ORD 2020-8-8650 2. First Amendment and Extension to Right of First Refusal Agreement – Between Paducah Riverfront Hotel, LP and City of Paducah ORD 2020-08-8651 3. Construction Documents Project Manual – Flood Pump Station #2 Rehabilitation Project – ORD 2020-08-8652 4. Paducah Downtown Riverfront Development Mixed-Use TIF Project – Consulting Services – Submitted by Commonwealth Economics Partners, LLC – Signed By CM Financials File: 1. Paducah Water Works – July 31, 2020 – Financial Highlights I(C) Personnel Actions I(D) A MUNICIPAL ORDER ACCEPTING THE BASE BID OF YOUNGBLOOD EXCAVATIONS CONTRACTORS FOR THE PECK EDUCATION TRAIL FOR NOBLE PARK IN THE AMOUNT OF $242,690 AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2378; BK 11) I(E) A MUNICIPAL ORDER APPROVING THE CITY MANAGER’S RECOMMENDATION FOR THE FY21 GRANT-IN-AID PROGRAM AWARDS FOR THE CITY OF PADUCAH (MO #2379; BK 11) I(F) A MUNICIPAL ORDER APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE McCRACKEN COUNTY FISCAL COURT FOR THE ADMINISTRATION OF A 2020 JUSTICE ACCOUNTABILITY GRANT (JAG) AWARD AND AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT (MO #2380; BK 11) September 8, 2020 Mayor Harless offered motion, seconded by Commissioner McElroy, that the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5) ORDINANCE ADOPTION AMEND CODE OF ORDINANCES SECTION 26-31 AND SECTION 26-34 RELATED TO OAK GROVE CEMETERY Mayor Harless offered motion, seconded by Commissioner Wilson , that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH.” This Ordinance is summarized as follows: This ordinance amends sections 26-31 and 26-34 of the Code of Ordinances of the City of Paducah, Kentucky, related to Oak Grove Cemetery to define the term “Deeds” as a document or instrument which conveys a license use and access for sepulcher only, and does not convey a fee interest in the land of the lot. (ORD #2020-09-8654) Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5) ORDINANCE INTRODUCTION FY2021 CITY OF PADUCAH PROPERTY TAX LEVY Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners introduce an Ordinance entitled, ““AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR THE PERIOD FROM JULY 1, 2020 THROUGH JUNE 30, 2021, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFINED” PURPOSE RATE PER $100.00 General Fund of the City Real Property $0.267 Personal Property $0.390 Motor Vehicles & watercraft $0.390 School Purposes Paducah Junior College Real Estate $0.016 Personal Property $0.016 Motor Vehicles & watercraft $0.031 September 8, 2020 Total Tax Rate per $100 - real property $0.283 Total Tax Rate per $100 - personal property $0.406 Total Tax Rate per $100 – inventory $0.000 Total Tax Rate per $100 – motor vehicle & watercraft $0.421 Property taxes levied herein shall be due and payable in the following manner: In the case of tax bills which reflect an amount due of less than Nine Hundred Dollars ($900.00), the payment shall be due on November 1, 2020, and shall be payable without penalty and interest until November 30, 2020. In the case of all other tax bills, payment shall be in accordance with the following provisions: The first half payment shall be due on November 1, 2020, and shall be payable without penalty and interest until November 30, 2020. The second half payment shall be due on February 1, 2021, and shall be payable without penalty and interest until February 28, 2021. PURCHASE OF REAL ESTATE LOCATED AT 2640 SOUTH 24TH STREET FOR THE “AS IS” PURCHASE PRICE OF $8,000 Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF A CERTAIN TRACT OF REAL ESTATE GENERALLY LOCATED AT 2640 SOUTH 24TH STREET, PADUCAH, McCRACKEN COUNTY, KENTUCKY, FROM WAYNE STRICKLAND, A/K/A CECIL WAYNE STRICKLAND AND HIS WIFE, NANCY CARROL STRICKLAND, FOR A PUBLIC PURPOSE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME.” This ordinance is summarized as follows: This Ordinance authorizes the City of Paducah, Kentucky, to acquire a certain tract of real property, including structures and improvement, generally located at 2640 South 24th Street, Paducah, McCracken County, Kentucky, from Wayne & Nancy Strickland for the purchase price of Eight Thousand Dollars ($8,000) for the purpose of creating stormwater drainage and management within the area. FINAL ANNEXATION ORDINANCE FOR BREMER, OLIPHANT & KING Mayor Harless offered motion, seconded by Commissioner McElroy, that the Board of Commissioners introduce an Ordinance entitled, ““AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE ANNEXATION OF CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS” This ordinance is summarized as follows: The City of Paducah hereby approves the final annexation of certain tracts of property contiguous to the present city limits, located at 1815 Olivet Church Road, 6215 Blandville Road and 5269 Hinkleville Road, containing 8.6 acres, more or less COMMENTS BY CITY MANAGER String lights are up in the Market House Square area There will be a ribbon cutting at the Bob Leeper Bridge on Friday at 11:00 a.m. Hours have now been extended for use of Noble Park facilities (skatepark, tennis courts) September 8, 2020 COMMENTS BY MAYOR AND COMMISSIONERS Mayor Harless – There will be a ribbon cutting at the Convention Center on Thursday, September 10 at 10 a.m. This will dedicate the new basketball and volleyball courts. The first tournament is scheduled for this weekend. Commissioner McElroy offered a suggestion that the City and some of the Neighborhood Associations open a dialogue to establish guidelines to help celebrate Halloween safely. She suggested encouraging people to stay in their own neighborhoods; working with churches to have them hold “trunk or treat” events on Saturday, the 31st, establishing a curfew, etc. Commissioner Wilson stated those were all great ideas. Commissioner Abraham – questions the ability to maintain social distancing on Jefferson Street Commissioner Watkins – Appreciates that Commissioner McElroy did some “homework” – he also suggests that we get buy-in from the community. Mayor Harless suggested that the Jefferson Street Neighborhood Association be brought into the conversation. She has read the CDC Guidelines regarding Halloween. Commissioner Abraham had a question for the City Manager regarding the Weyland City Block project. ADJOURN Mayor Harless offered motion, seconded by Commissioner Wilson, to adjourn the meeting. All in favor. Meeting ended at approximately 6:12 p.m. ADOPTED: September 22, 2020 _____________________________ Brandi Harless, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk September 22, 2020 Minutes File: 1. Notice of Regular Meeting of the Board of Commissioners of the City of Paducah – September 8, 2020 ((Virtual Meeting) Deeds File: 1. Deed of Conveyance – City of Paducah to Midtown Alliance of Neighbors (Lot 1 – Remington Subdivision) ORD 2020-06-8639 2. Deed of Conveyance – City of Paducah to Midtown Alliance of Neighbors (Lot 2 – Remington Subdivision) ORD 2020-06-8639 3. Deed of Conveyance – City of Paducah to Midtown Alliance of Neighbors (Lot 3 – Remington Subdivision) ORD 2020-06-8639 4. Deed of Conveyance – City of Paducah to Midtown Alliance of Neighbors (Lot 11A – Remington Subdivision) ORD 2020-06-8639 Contract File: 1. Interlocal Agreement for Acceptance and Administration of Edward Byrne Justice Assistance Grant (JAG) Award – MO #2380 Financials File: 1. City of Paducah – June Investment Summary Bids: 1. Bid of Youngblood Excavating & Contracting – Peck Education Trail MO #2378 Agenda Action Form Paducah City Commission Meeting Date: September 22, 2020 Short Title: Purchase of Solid Waste Dumpsters for the FY2021 from Municipal Equipment, Inc., Utilizing the Kentucky State Contract, for an amount not to exceed $130,000 -C YARBER Category: Municipal Order Staff Work By: Sabrina Orr, Latrisha Pryor Presentation By: Chris Yarber Background Information: Municipal Equipment, Inc. is the current Vendor listed on the Commonwealth of Kentucky’s Contract for the purchase of solid waste dumpsters. The Public Works Department, Solid Waste Division is in need of new dumpsters to be utilized by commercial businesses within the City and would like to utilize the existing Kentucky State Contract for this purchase. Every year, an amount is allocated toward dumpster purchases in the annual commercial refuse replacement budget. Therefore, we are requesting authorization to order the required dumpsters along with additional replacement parts and lids during the 2021 Fiscal Year in an amount not to exceed the budgeted amount of $130,000.00. The Kentucky Master Agreement number is MA-758-1600000557. 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: Solid Waste Fund - Non Rolling Stock-Equipment Other Account Number: 50002210 542190 Staff Recommendation: To adopt an Municipal Order authorizing the purchase of Solid Waste Dumpsters for the FY2021 utilizing the Kentucky state contract price from Municipal Equipment, Inc., in an amount not to exceed $130,000.00. Attachments: 1.KY Master Agreement 2.Municipal Order dumpsters 8-2020 MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF DUMPSTERS, LIDS AND REPLACEMENT PARTS IN AN AMOUNT NOT TO EXCEED $130,000 FOR FY2021 FOR UTILIZATION BY COMMERCIAL BUSINESSES WITHIN THE CITY OF PADUCAH WHEREAS, this equipment is available under State Contract No. MA-758-1600000557-5 and competitive bidding is not required. NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute purchase agreements and the Finance Director to make payment to Municipal Equipment, Inc., for the purchase of various sized dumpsters, lids and replacement parts for fiscal year 2021, in an amount not to exceed the City’s budgeted amount of $130,000. These containers and accessories will be used by commercial businesses within the City limits of Paducah served by the Solid Waste Division, Engineering-Public Works Department. This purchase is made in compliance with the Kentucky State Purchasing Contract. SECTION 2. This expenditure shall be charged to Solid Waste Fund- Non-Rolling Stock-Equipment Other, account number 50002210-542190. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. ____________________________________ Mayor Brandi Harless ATTEST: _______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, September 22, 2020 Recorded by Lindsay Parish, City Clerk, September 22, 2020 \mo\dumpsters 8-2020 Agenda Action Form Paducah City Commission Meeting Date: September 22, 2020 Short Title: Purchase of Nine (9) Police Pursuit Rated SUV’s for the Police Department for the total amount of $334,929 - C YARBER Category: Municipal Order Staff Work By: Randy Crouch, Debbie Collins Presentation By: Chris Yarber Background Information: On September 3, 2020 sealed written bids were opened for the purchase of nine (9) Police Pursuit Rated SUV’s to be used by the Police Department. Lowest evaluated bid was received from Linwood Motors containing (6) Patrol SUV at $ 37,735.00 each, and (3) Detective SUV’s at $36,173.00 for a total price of $334,929.00. In addition, Linwood Motors agreed to allow the City to purchase up to two (2) additional police SUV’s in accordance with the specifications at the unit bid price listed above, in the event the City may need to purchase additional police SUV’s prior to June 30, 2021 due to loss of a SUV. The delivery time will be 90-120 days after contract execution. 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: Rolling Stock/Vehicle Fleet Lease Trust Fund Account Number: 71000210-540050 Staff Recommendation: To receive and file the bid and adopt a Municipal Order authorizing the Mayor to execute a contract with Linwood Motors for the purchase of nine (9) Police Pursuit Rated SUV’s for use by the Police Department in the total amount of $334,929.00 with the option of additional purchase if needed. Attachments: 1.Linwood - Police SUV bid 2.Bid Tab Nine (9) Police Pursuit Rated SUV's 3.00000 - Ad for Bid - Police SUV 4.Proposed Agreement 5.Municipal Order - police SUV’s 8-2020 CITY OF PADUCAH, KENTUCKY PUBLIC WORKS DEPARTMENT Nine (9) Police Pursuit Rated SUV's LOWEST EVALUATED BID OFFICIAL BIDDER OF RECORD Linwood Motors Paducah Ford Humbolt Chrysler Dodge Jeep Lonnie Cobb Ford John Jones Auto Group Contact: Jake Brenningmeyer Allyn Moore Steven Blackstock Steven Blackstock Bob Copas Mailing Address: 3345 Park Ave 3476 Park Ave 3301 E End Drive 1618 US Hwy 45N 9249 Hwy 150 Paducah, KY 42001 Paducah, KY 42001 Humbolt, Tn 38340 Henderson, Tn 38340 Greenville, Ind 47124 Nine (9) Police Pursuit Rated SUV's $334,929.00 $367,110.00 $353,019.00 $369,663.00 $397,758.00 Delivery Time 90/120 days 69 days 180 days 120/180 days 90 days Manufacturer:Dodge Ford Dodge Ford Dodge DOCUMENTS REQUIRED FOR COMPLIANCE SUBMITTED: 1. Bidder's Required Certification Yes Yes Yes Yes Yes 2. Manufacturer Specifications Yes Yes Yes Yes Yes 3. Warranty Information Yes Yes No Yes No 4. Compliance with Tech Specs form Yes No Yes No No 5. Deviations with Information None Yes None Yes Yes 6. Addendum Signed and Included Yes Yes Yes Yes No Kentucky State Bidder Yes Yes No No No Responsive & Responsible Bidder:Yes No No No No Evaluation Score:1000.00 BID RECOMMENDED FOR ACCEPTANCE Yes No No No No BID OPENING: 2:00 p.m. CST on Thursday, September 3, 2020 `ADVERTISEMENT FOR SEALED BIDS The City of Paducah, Public Works Department will receive sealed bids for the purchase of Nine (9) Police Pursuit Rated SUV’s for use by the Paducah Police Department at 2:00 P.M.CST, on Thursday, September 3, 2020. All bids received will be publicly opened and read aloud in the Commission Chambers, Second Floor, City Hall, 300 South 5th Street, Paducah, Kentucky. Copies of the specifications may be obtained at the office of the Public Works Fleet Department located at 1120 North 10th Street. More information regarding this purchase may be found at the City of Paducah’s website: www.paducahky.gov under Request for Bids. PUBLISH ONCE: Under Legal Notice – Wednesday, August 19, 2020 AFTER RECEIPT: Send an e-mail to: dcollins@paducahky.gov to verify placement of ad INVOICE: City of Paducah – Attention Audra Herndon 00500 AGREEMENT Page 1 of 1 CITY OF PADUCAH, KENTUCKY PUBLIC WORKS DEPARTMENT AGREEMENT TO PURCHASE NINE (9) POLICE PURSUIT RATED SUV’s THIS AGREEMENT, made this day of , 20___ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and LINWOOD MOTORS hereinafter called the VENDOR, for the consideration hereinafter named, agrees as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide NINE (9) POLICE PURSUIT RATED SUV’s to be used by the Police Department in full compliance with the Bid Proposal Dated September 3, 2020 and with this Agreement, the Specifications 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 aforementioned Vehicle(s) within 90-120 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: Three Hundred Thirty-Four Thousand, Nine Hundred Twenty Nine Dollars ($334,929.00) as quoted in the aforementioned Vendor’s Bid Proposal and as approved by the Board of Commissioners on September 22, 2020 by Municipal Order #____________. ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery 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 and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY __________________________ BY ____________________________ TITLE ________________________ Brandi Harless, Mayor ADDRESS: ADDRESS: _____________________________ Post Office Box 2267 _____________________________ Paducah, Kentucky 42002-2267 MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER ACCEPTING THE BID OF LINWOOD MOTORS FOR SALE TO THE CITY OF PADUCAH NINE (9) POLICE PURSUIT RATED SUV’S IN AN AMOUNT OF $334,929 WITH OPTION TO PURCHASE TWO (2) ADDITIONAL SUV’S AT THE UNIT BID PRICE BEFORE JUNE 30, 2021, 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 Linwood Motors for six (6) patrol SUV at $37,735 each and three (3) detective SUV’s at $36,173, for a total price of $334,929, with the option of purchasing two (2) additional Police Pursuit Rated SUV’s at the unit bid price as needed before June 30, 2021, for use by the Paducah Police Department, said bid being in substantial compliance with bid specifications, and as contained in the bid of Linwood Motors of September 3, 2020. SECTION 2. The Mayor is hereby authorized to execute a contract with Linwood Motors for the purchase of a total of nine (9) Police Pursuit Rated SUV’s, authorized in Section 1 above, with the option of purchasing two (2) additional Police Pursuit Rated SUV’s at the unit bid price as needed before June 30, 2021, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. These purchases shall be charged to Rolling Stock/Vehicles Account No. 71000210-540050. 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, September 22, 2020 Recorded by Lindsay Parish, City Clerk, September 22, 2020 MO\police SUV’s 8-2020 Agenda Action Form Paducah City Commission Meeting Date: September 22, 2020 Short Title: Purchase of Two (2) Pickup Trucks for use by the Street Department in the total amount of $53,600. - C YARBER Category: Municipal Order Staff Work By: Randy Crouch, Debbie Collins Presentation By: Chris Yarber Background Information: On September 3, 2020 sealed written bids were opened for the purchase of Two (2) Pickup Trucks to be used by the Street Department. Lowest evaluated bid was received from Linwood Motors at $26,800.00 each for a total price of $53,600.00. The delivery time will be 90-120 days after contract execution 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: Rolling Stock/Vehicle Fleet Lease Trust Fund Account Number: 71000210-540050 Staff Recommendation: To receive and file the bid and adopt a Municipal Order authorizing the Mayor to execute a contract with Linwood Motors for the purchase of two (2) Pickup Trucks for use by the Street Department in the total amount of $53,600.00. Attachments: 1.Bid Tab - Pickup (2) 2.Linwood - 2 Pickup Truck bid 3.00000 - Ad for Bid - Pickup Truck 4.Proposed Agreement 5.Municipal Order - purchase-2 pickup trucks Street Department CITY OF PADUCAH, KENTUCKY PUBLIC WORKS DEPARTMENT Two (2) Pickup Trucks - Street Department LOWEST EVALUATED BID OFFICIAL BIDDER OF RECORD Linwood Motors Paducah Ford Humbolt Chrysler Dodge Jeep Lonnie Cobb Ford Contact: Jake Brenningmeyer Allyn Moore Steven Blackstock Steven Blackstock Mailing Address: 3345 Park Ave 3476 Park Ave 3301 E End Drive 1618 US Hwy 45N Paducah, KY 42001 Paducah, KY 42001 Humbolt, Tn 38340 Henderson, Tn 38340 Two (2) Pickup Trucks $53,600.00 $58,948.00 $53,112.00 $60,942.00 Delivery Time 90/120 days 59 days 180 days 160/180 days Manufacturer:Dodge Ram Ford Dodge Ram Ford DOCUMENTS REQUIRED FOR COMPLIANCE SUBMITTED: 1. Bidder's Required Certification Yes Yes Yes Yes 2. Manufacturer Specifications Yes Yes Yes Yes 3. Warranty Information Yes Yes No Yes 4. Compliance with Tech Specs form Yes Yes Yes Yes 5. Deviations with Information None None None None Kentucky State Bidder Yes Yes No No Responsive & Responsible Bidder:Yes Yes No Yes Evaluation Score:949.00 941.50 855.00 BID RECOMMENDED FOR ACCEPTANCE Yes No No No BID OPENING: 2:00 p.m. CST on Thursday, September 3, 2020 00330 OWNER EVALUATION FORM PAGE 1 OF 1 EVALUATION FORM VEHICLE: TWO (2) Pickup Trucks for use by Street Department DATE: 9-3-2020 BIDDER: Linwood Motors Grading Criteria: Evaluate the Bidder’s Criteria on a rated value scale: 0 = the lowest value to 10 = the highest value for each ite m listed below. Rating x Weighted Percent = Criterion Score The Sum of all Criterion Scores shall be the Owner’s basis of the Bidder’s Overall Score. GRADING CRITERIA NO. CRITERIA ITEMS WEIGHTED - PERCENT RATING VALUE (0-10) CRITERION SCORE 1 Technical Specifications Met 25 10 250 2 Price $53,600.00 65 10 650 3 Delivery Time (to include up-fitting) 90/120 days 10 4.90 49.00 59/120=.49x10=4.90 BIDDER’S OVERALL TOTAL SCORE 949 00330 OWNER EVALUATION FORM PAGE 1 OF 1 EVALUATION FORM VEHICLE: TWO (2) Pickup Trucks for use by Street Department DATE: 9-3-2020 BIDDER: Paducah Ford Grading Criteria: Evaluate the Bidder’s Criteria on a rated value scale: 0 = the lowest value to 10 = the highest value for each item listed below. Rating x Weighted Percent = Criterion Score The Sum of all Criterion Scores shall be the Owner’s basis of the Bidder’s Overall Score. GRADING CRITERIA NO. CRITERIA ITEMS WEIGHTED - PERCENT RATING VALUE (0-10) CRITERION SCORE 1 Technical Specifications Met 25 10 250 2 Price $58,948.00 65 9.10 591.50 53600.00/58,948.00=.91x10=9.10 3 Delivery Time (to include up-fitting) 59 days 10 10 100 BIDDER’S OVERALL TOTAL SCORE 941.50 00330 OWNER EVALUATION FORM PAGE 1 OF 1 EVALUATION FORM VEHICLE: TWO (2) Pickup Trucks for use by Street Department DATE: 9-3-2020 BIDDER: Humbolt Chrysler Dodge Jeep Grading Criteria: Evaluate the Bidder’s Criteria on a rated value scale: 0 = the lowest value to 10 = the highest value for each item listed below. Rating x Weighted Percent = Criterion Score The Sum of all Criterion Scores shall be the Owner’s basis of the Bidder’s Overall Score. GRADING CRITERIA NO. CRITERIA ITEMS WEIGHTED - PERCENT RATING VALUE (0-10) CRITERION SCORE 1 Technical Specifications Met 25 2 Price $53,112.00 65 3 Delivery Time (to include up-fitting) 180 days 10 BIDDER’S OVERALL TOTAL SCORE ________ NON RESPONSIVE NO WARRANTY INFORMATION 00330 OWNER EVALUATION FORM PAGE 1 OF 1 EVALUATION FORM VEHICLE: TWO (2) Pickup Trucks for use by Street Department DATE: 9-3-2020 BIDDER: Lonnie Cobb Ford Grading Criteria: Evaluate the Bidder’s Criteria on a rated value scale: 0 = the lowest value to 10 = the highest value for each i tem listed below. Rating x Weighted Percent = Criterion Score The Sum of all Criterion Scores shall be the Owner’s basis of the Bidder’s Overall Score. GRADING CRITERIA NO. CRITERIA ITEMS WEIGHTED - PERCENT RATING VALUE (0-10) CRITERION SCORE 1 Technical Specifications Met 25 10 250 2 Price $60,942.00 65 8.80 572.00 53600.00/60942.00=.88x10=8.80 3 Delivery Time (to include up-fitting) 160-180 days 10 3.30 33 59/180=.33x10=3.30 BIDDER’S OVERALL TOTAL SCORE 855 ADVERTISEMENT FOR SEALED BIDS The City of Paducah, Public Works Department will receive sealed bids for the purchase of TWO (2) PICKUP TRUCKS for use by Street Department at 2:00 P.M.CST, on Thursday, September 3, 2020. All bids received will be publicly opened and read aloud in the Commission Chambers, Second Floor, City Hall, 300 South 5th Street, Paducah, Kentucky. Copies of the specifications may be obtained at the office of the Public Works Fleet Department located at 1120 North 10th Street. More information regarding this purchase may be found at the City of Paducah’s website: www.paducahky.gov under Request for Bids. PUBLISH ONCE: Under Legal Notice – Wednesday, August 19, 2020 AFTER RECEIPT: Send an e-mail to: dcollins@paducahky.gov to verify placement of ad INVOICE: City of Paducah – Attention Audra Herndon 00500 AGREEMENT Page 1 of 1 CITY OF PADUCAH, KENTUCKY PUBLIC WORKS DEPARTMENT AGREEMENT TO PURCHASE TWO (2) PICKUP TRUCKS THIS AGREEMENT, made this day of , 20___ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and LINWOOD MOTORS hereinafter called the VENDOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide TWO (2) PICKUP TRUCKS to be used by Street Departments in full compliance with the Bid Proposal Dated September 3, 2020 and with this Agreement, the Specifications 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 aforementioned Vehicle(s) within 90-120 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: Fifty-Three Thousand and Six Hundred Dollars ($53,600.00) as quoted in the aforementioned Vendor’s Bid Proposal and as approved by the Board of Commissioners on September 22, 2020 by Municipal Order#____________. ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery 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 and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY __________________________ BY ____________________________ TITLE ________________________ Brandi Harless, Mayor ADDRESS: ADDRESS: _____________________________ Post Office Box 2267 _____________________________ Paducah, Kentucky 42002-2267 MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF TWO (2) PICKUP TRUCKS IN THE AMOUNT OF $53,600, FOR USE BY THE STREET DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah accepts the bid of Linwood Motors, in the amount of $53,600, ($26,800 each) for sale to the City of two (2) pickup trucks for use by the Street Department, said bid being in substantial compliance with bid specifications, and as contained in the bid of Linwood Motors of September 3, 2020. SECTION 2. The Mayor is hereby authorized to execute a contract with Linwood Motors, for the purchase of two (2) pickup trucks, 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 charged to Rolling Stock/Vehicles Fleet Lease Trust Fund account, account number 71000210-540050. 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, September 22, 2020 Recorded by Lindsay Parish, City Clerk, September 22, 2020 \mo\purchase-2 pickup trucks Street Department Agenda Action Form Paducah City Commission Meeting Date: September 22, 2020 Short Title: Acceptance of a Law Enforcement Protection Program Grant in the amount of $11,305. - B LAIRD Category: Municipal Order Staff Work By: Ty Wilson, Robin Newberry Presentation By: Brian Laird Background Information: The Law Enforcement Protection Program enables KOHS to provide law enforcement agencies across the state funds to purchase duty equipment on a year-around basis. LEPP provides grants for body armor, duty weapons, ammunition, electronic-control devices, electronic-control weapons or electronic-muscular disruption technology, and body-worn cameras to sworn peace officers and service animals. These funds are available for cities, counties, charter counties, unified counties, urban-counties, consolidated local government police departments, public university safety and security departments, sheriff's departments and special law enforcement officers attached to school districts. The City of Paducah applied for an LEPP Grant in 2018 per Municipal Order number 2083. The City has now been awarded $11,305 for the purchase of seventeen body armor vests for the Paducah Police Department. The funds will be used for reimbursement for the regularly scheduled purchase for vests. 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 Mayor to execute all required grant award documents. Attachments: 1.City of Paducah Law Enforcement Protection Program Award Letter 2.MO # 2083 - LEPP application 2018 3.City of Paducah LEPP Grant Agreement 4.Municipal Order - police-award body armor KOHS LEPP 2018 r MUNICIPAL ORDER NO. 2083 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION AND ALL DOCUMENTS NECESSARY TO OBTAIN A 2018 REIMBURSEMENT GRANT THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY, LAW ENFORCEMENT PROTECTION PROGRAM, IN THE AMOUNT OF 13,209 TO BE USED TO PURCHASE 21 BODY ARMOR VESTS FOR THE PADUCAH POLICE DEPARTMENT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute a grant application and all documents necessary to obtain a 2018 reimbursement grant through the Kentucky Office of Homeland Security, Law Enforcement Protection Program, in the amount of $13,209 to be used to reimburse the Paducah Police Department for the purchase of 21 body armor vests. No local cash or in-kind match is required. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. ATTEST: I Aam& )"'"' - - ' ammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, March 27, 2018 Recorded by Tammara S. Sanderson, City Clerk, March 27, 2018 mo\grants\police-app body armor KOHS LEPP 2018 yor CCOLE@PADUCAHKY.GOV Memorandum of Agreement Terms and Conditions Revised December 2019 This Memorandum of Agreement (MOA) is entered into, by and between the Commonwealth of Kentucky, Kentucky Office of Homeland Security (“the Commonwealth”) and City of Paducah (“the Contractor”) to establish an agreement for Law Enforcement Protection Program. The initial MOA is effective from September 15, 2020 through March 31, 2021. Scope of Services: Second party shall purchase 17 body armor vests for the Paducah Police Department. Law Enforcement Protection Program maximum reimbursement amount for each vest is in accordance with City of Paducah's LEPP application quotes and not to surpass $665.00 per vest. Limit one body armor vest per officer listed on the grant application. Pricing: $11,305.00 Law Enforcement Protection Program Clauses WHEREAS, KRS 16.220 establishes a fund in the Governor’s Office of Homeland Security to provide grants to a city, county, charter county, unified local government, urban-county government, consolidated local government police department; university safety and security department organized pursuant to KRS 164.950; school districts that employ special law enforcement officers as defined in KRS 61.900; and sheriff's department for the purchase of body armor for sworn peace officers of those departments and service animals, as defined in KRS 525.010, of those departments; firearms (duty weapons) or ammunition; and electronic control devices, electronic control weapons, or electro-muscular disruption technology. WHEREAS, the Recipient has made application with the Commonwealth for a grant for such purposes; and WHEREAS, a committee appointed by the Executive Director of the Kentucky Office of Homeland Security has reviewed the applications of all agencies that have applied for grant funds for such purposes and has made its recommendations to the Commonwealth; NOW, THEREFORE, in consideration of the mutual covenants, commitments, and conditions contained herein, the Commonwealth and the Recipient agree as follows: Identification & Obligations of the Parties First Party Document Description Page 3 2100000549 City of Paducah The Office of the Governor, Kentucky Office of Homeland Security (KOHS) (as the First Party), in the exercise of its lawful duties, has determined that the functions outlined in this Agreement and in the attachment(s) thereto, are necessary for compliance with either the statutory and regulatory requirements of the Kentucky Office of Homeland Security. Second Party The Second Party is the contractor as defined by KRS 45A.030 (9) and agrees that they are willing, available and qualified to perform the scope of work as detailed in this agreement and as specifically outlined. Extensions and Amendments to this Agreement The terms and conditions of this agreement may be extended or amended according to the provisions of KRS Chapter 45A, and are subject to the approval of the Executive Director of the Kentucky Office of Homeland Security, the Secretary of the Finance and Administration Cabinet, and/or the Legislative Research Commission’s Government Contracts Review Committee. ). Any modification requests to this agreement must be made in writing to the Kentucky Office of Homeland Security at least 45 days prior to the expiration date of this agreement. Choice of Law and Forum Provision The laws of the Commonwealth of Kentucky shall govern all questions as to the execution, validity, interpretation and performance of this agreement. Furthermore, the parties hereto agree that any legal action that is brought on the basis of this agreement shall be filed in the Franklin County Circuit Court of the Commonwealth of Kentucky. Sole Benefit This Agreement is intended for the sole benefit of the First Party, the Second Party, and is not intended to create any other beneficiaries. Successors and Assigns This Agreement may not be assigned by a party without the express written consent of the other party. All covenants made under this Agreement shall bind and ensure to the benefit of any successors and assigns of the parties whether or not expressly assumed or acknowledged by such successors or assigns. Entire Agreement This Agreement forms the entire agreement between the parties as to scope and subject matter of this Agreement. All prior discussions and understandings concerning the scope and subject matter are superseded and incorporated by this Agreement. Severability If any provision of this Agreement is held judicially invalid, the remainder of the Agreement shall continue in force and effect to the extent not inconsistent with such holding. Waiver of Breach If a party waives enforcement of any provision of this Agreement upon any event of breach by the other party, the waiver shall not automatically extend to any other or future events of breach. Document Description Page 4 2100000549 City of Paducah Campaign Finance The contractor certifies that neither he/she nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of this contract, has contributed more than the amount specified in KRS 121.056(2), to the campaign of the gubernatorial candidate elected at the election last preceding the date of this contract. The contractor further swears under the penalty of perjury, as provided by KRS 523.020, that neither he/she nor the company which he/she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth, and that the award of a contract to him/her or the company which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth. Change of Circumstances Each party shall promptly notify the other party of any legal impediment, change of circumstances, pending litigation, or any other event or condition that may adversely affect the party’s ability to carry out any of its obligations under this Agreement. Liability and Indemnity Nothing in this Agreement shall be construed as an indemnification by one party of the other for liabilities of a party or third persons for property loss or damage or death or personal injury arising out of and during the performance of this Agreement. Any liabilities or claims for property loss or damage or for death or personal injury by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during the performance of this Agreement shall be determined according to applicable law. Identification of the Object or Subject Matter of the Contract Performance Specifications The Second Party agrees that all funds received from the Commonwealth in accordance with this agreement shall be used solely for the purchase of body armor, duty weapons and ammunition and/or electro-muscular disruption technology for sworn officers. The Second Party agrees that body armor purchased using these funds shall meet or exceed standards issued by the National Institute of Justice for body armor. The Second Party agrees that funds received from the Commonwealth in accordance with this agreement shall not be used to replace existing body armor unless that body armor has been in actual use for a period of five (5) years or longer or has been so damaged that it is no longer serviceable. The Second Party shall use its own procurement procedures that reflect applicable state and local laws for all purchases of body armor, duty weapons and ammunition, and/or electro-muscular disruption technology in accordance with this agreement. The Second Party shall retain all records relating to this agreement until the records are audited by the Commonwealth, or for three (3) years after the project has been closed out by the Commonwealth, whichever occurs first. Document Description Page 5 2100000549 City of Paducah The Second Party shall cooperate fully with the Commonwealth and provide any documentation requested by the Commonwealth in order to facilitate the obligations set out in this agreement. The Second Party shall be responsible for the expenditure of funds in accordance with all applicable laws. Any unauthorized or improper expenditure of funds or expenditure of funds other than in accordance with the terms of this agreement by the Second Party shall be deemed default of this agreement by the First Party. The Second Party shall repay the Commonwealth all funds that are not spent in accordance with this agreement and appropriate laws. Property Property purchased by the Second Party for the purposes of fulfilling the requirements of the scope of services for this agreement is incorporated into this document by reference. Subgrant Conditions The Second Party shall follow the conditions outlined in the Kentucky Office of Homeland Security Grant Application Subgrant Conditions, which are incorporated into this document by reference. Monitoring The Second Party shall submit, at such times and in such form as may be prescribed, such reports as the Kentucky Office of Homeland Security may reasonably require, including financial reports, progress reports, final financial reports and evaluation reports. The Second Party shall also comply with any and all site visit monitoring performed by the First Party. Equipment Inventory The Second Party must submit to the First Party an inventory of all equipment purchased with these state funds. This inventory must include the item inventory number, item description, and site where equipment is located. Open Records Request for information under the Kentucky Open Records Act which may reasonably lead to the discovery of any information related to homeland security records as defined by KRS 61 may not be disclosed without the written approval of the Executive Director of the Kentucky Office of Homeland Security. Consideration and Conditions for Payment Total Amount of Contract and Contract Period The Second Party’s and/or Third Party’s fees and expenses relative to the performance of the scope of services outlined in this Agreement and in the detailed attachment(s) (if applicable) to this agreement shall not exceed the Total Grant Award Amount as set forth in this Agreement. The subject services and functions are to be performed during the term of this agreement. It is understood that this agreement is not effective and binding until approved by the Secretary of the Finance and Administration Cabinet and/or Legislative Research Commission’s Government Contract Review Committee per KRS 45A.705. Earliest Date of Payment Document Description Page 6 2100000549 City of Paducah No payment on this agreement shall be made before completion of the review procedure provided for in KRS 45A.705, unless alternate actions occur as set out in KRS 45A.695(7) payments on personal service contracts and memoranda of agreements shall not be authorized for services rendered after government contract review committee disapproval, unless the decision of the committee is overridden by the secretary of the Finance and Administration Cabinet or agency head, if the agency has been granted delegation authority by the secretary. Payments Payment by the First Party to the Second Party shall be made only after receipt of appropriate, acceptable, and timely request for reimbursements. Reimbursement requests will be submitted on approved Kentucky Office of Homeland Security forms as provided by the First Party and submitted in written format to the First Party by the Second Party. The method of reimbursement will be through electronic funds transfer (EFT). Final request for reimbursement for purchases made in accordance with this agreement by Second Party must be submitted to the First Party no later than 30 calendar days after the expiration date of this agreement. The Second Party agrees to forfeit their grant award funds if Second Party fails to comply with reimbursement requirements and deadlines as outlined in this agreement. Financial Management System Applicable only to contract agreements where reimbursement is based upon actual, allowable costs. The Second Party agrees to establish and/or maintain a financial management system which shall provide for accurate, current, and complete disclosure of the financial results of the functions/ services performed under this agreement in accordance with the reporting requirements as set forth in this Agreement and attachment(s) thereto; records that identify the source and application of funds for activities/functions/services performed pursuant to this contract agreement. These records shall contain information pertaining to federal and/or state funds received, obligations, unobligated balances, if applicable, assets, liabilities, expenditures and income; effective control over and accountability for all funds, property, and other assets. The Second Party shall safeguard all such assets and shall assure that they are used solely for authorized purposes in the provision of functions/services under this agreement; procedures for determining reasonableness, and allowability of costs in accordance with the terms and conditions of this Agreement and any attachment(s) thereto; and accounting records that are supported by source documentation. Conflict of Interest Laws and Principles The contractor certifies that he is legally entitled to enter into this contract agreement with the Commonwealth of Kentucky, and by holding and performing the terms and conditions of this agreement will not violate any conflict of interest statute, including but not limited to KRS 45A.330-45A.340, 45A.990, KRS 164.390, and KRS 11A.040 of the Executive Branch code of ethics, relating to the employment of former public servants Time of Performance Document Description Page 7 2100000549 City of Paducah Modifications to Contract The agency reserves the right to modify this agreement for the addition or deletion of requirements deemed necessary by the agency with the mutual agreement of both parties in accordance with KRS 45A.030 (2); KRS 45A.210 (1); (200 KAR 5:311). Any modification requests to this agreement must be made in writing to the Kentucky Office of Homeland Security at least 45 days prior to the expiration date of this agreement. Notices Any notice, transmittal, approval, or other official communication made under this Agreement shall be in writing and shall be delivered by hand, facsimile transmission, email, or by mail to the other party. Performance Timeline Upon request by the First Party, the Second Party will provide summaries of progress made to date on this agreement. Should the First Party find the performance unacceptable, the First Party shall provide written notification and may immediately cancel the agreement. Purchasing and Specifications The Second Party certifies that he will not attempt in any manner to influence any specifications to be restrictive in any way or respect, nor will he attempt in any way to influence any purchasing of services, commodities or equipment by the Commonwealth of Kentucky. For the purpose of this paragraph and Section 7.09 that pertains to conflict of interest laws and principles, “He” is construed to mean “They” if more than one person is involved and if a firm, partnership, corporation, or other organization is involved, then “He” is construed to mean any person with an interest therein. Confidentiality The Second Party agrees that any employee or agent acting in its behalf will abide by the state and federal rules and regulations governing access to and use of information provided to the Second Party by the First Party in the administration of this contract. Procurement The acquisition of goods and services by the Contractor in performance of this Agreement shall be according to applicable Commonwealth of Kentucky contracting procedures, the standards and procedures contained in applicable federal regulations (28CFR, 32 CFR, others). Duty of Cooperation Cooperation It is specifically recognized by the Second Party that it is their duty to reasonably accommodate the informational requests of the Kentucky Office of Homeland Security in a timely manner and in the form they are requested. The Second Party agrees that the sole and final authority on compliance with any Federal or State regulations, statues and guidelines with respect to the grant rests with the Kentucky Office of Homeland Security and as such, will ensure that every effort is made to honor that compliance guidance. Document Description Page 8 2100000549 City of Paducah Memorandum of Agreement Standard Terms and Conditions Revised December 2019 1.00 Effective Date: All Memorandum of Agreements are not effective until the Secretary of the Finance and Administration Cabinet or his authorized designee has approved the agreement and until the agreement has been submitted to the government contract review committee. However, in accordance with KRS 45A.700, memoranda of agreement in aggregate amounts of $50,000 or less are exempt from review by the committee and need only be filed with the committee within 30 days of their effective date for informational purposes. KRS 45A.695(7) provides that payments on personal service contracts and memoranda of agreement shall not be authorized for services rendered after government contract review committee disapproval, unless the decision of the committee is overridden by the Secretary of the Finance and Administration Cabinet or agency head, if the agency has been granted delegation authority by the Secretary. 2.00 EEO Requirements The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act. 3.00 Cancellation clause: Both parties shall have the right to terminate and cancel this contract at any time not to exceed thirty (30) days' written notice served on the other party by registered or certified mail. . 4.00 Funding Out Provision: The state agency may terminate this agreement 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 agreement. The state agency shall provide the Contractor thirty (30) calendar day’s written notice of termination of the agreement due to lack of available funding. 5.00 Reduction in Contract Worker Hours: The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional Document Description Page 9 2100000549 City of Paducah service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the agreement will be reduced by the amount specified in that document. If the contract funding is reduced, then the scope of work related to the contract may also be reduced commensurate with the reduction in funding. This reduction of the scope shall be agreeable to both parties and shall not be considered a breach of contract. 6.00 Access to Records: The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c). 7.00 Violation of tax and employment laws: KRS 45A.485 requires the Contractor and all subcontractors performing work under the agreement to reveal to the Commonwealth, prior to the award of a contract, any final determination of a violation by the Contractor within the previous five (5) year period of the provisions of KRS chapters 136, 139, 141, 337, 338, 341, and 342. These statutes relate to corporate and utility tax, sales and use tax, income tax, wages and hours laws, occupational safety and health laws, unemployment insurance laws, and workers compensation insurance laws, respectively. To comply with the provisions of KRS 45A.485, the Contractor and all subcontractors performing work under the agreement shall report any such final determination(s) of violation(s) to the Commonwealth by providing the following information regarding the final determination(s): the KRS violated, the date of the final determination, and the state agency which issued the final determination. KRS 45A.485 also provides that, for the duration of any contract, the Contractor and all subcontractors performing work under the agreement shall be in continuous compliance Document Description Page 10 2100000549 City of Paducah with the provisions of those statutes, which apply to their operations, and that their failure to reveal a final determination as described above, or failure to comply with the above statutes for the duration of the agreement shall be grounds for the Commonwealth's cancellation of the agreement and their disqualification from eligibility for future state contracts for a period of two (2) years. [Check box section below need only be included for Contractors that are quasi- governmental entities or 501(c)3 non-profit entities.] Contractor must check one: _____ The Contractor has not violated any of the provisions of the above statutes within the previous five (5) year period. ______ The Contractor has violated the provisions of one or more of the above statutes within the previous five (5) year period and has revealed such final determination(s) of violation(s). Attached is a list of such determination(s), which includes the KRS violated, the date of the final determination, and the state agency which issued the final determination. 8.00 Discrimination: This section applies only to agreements disbursing federal funds, in whole or part, when the terms for receiving those funds mandate its inclusion. Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. During the performance of this agreement, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The Contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The Contractor agrees to provide, upon request, needed reasonable accommodations. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, Document Description Page 11 2100000549 City of Paducah available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. In all solicitations or advertisements for employees placed by or on behalf of the Contractor, the Contractor will, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. The Contractor will send to each labor union or representative of workers with which he/ she has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this 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 Contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law. The Contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action Document Description Page 12 2100000549 City of Paducah with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Document Description Page 13 2100000549 City of Paducah Approvals This agreement is subject to the terms and conditions stated herein. By affixing signatures below, the parties verify that they are authorized to enter into this agreement and that they accept and consent to be bound by the terms and conditions stated herein. In addition, the parties agree that (i) electronic approvals may serve as electronic signatures, and (ii) this agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement. Second Party: Signature Title Printed Name Date First Party: Executive Director Signature Title Josiah Keats Printed Name Date Approved as to form and legality: Document Description Page 14 2100000549 City of Paducah MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO ACCEPT A GRANT AWARD AND TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A 2018 REIMBURSEMENT GRANT THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY, LAW ENFORCEMENT PROTECTION PROGRAM, IN THE AMOUNT OF $11,305 TO BE USED TO PURCHASE SEVENTEEN (17) BODY ARMOR VESTS FOR THE PADUCAH POLICE DEPARTMENT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute all documents necessary to accept a 2018 reimbursement grant through the Kentucky Office of Homeland Security, Law Enforcement Protection Program, in the amount of $11,305 to be used to reimburse the Paducah Police Department for the purchase of seventeen (17) body armor vests. No local cash or in-kind match is required. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. ____________________________________ Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, September 22, 2020 Recorded by Lindsay Parish, City Clerk, September 22, 2020 \mo\grants\police-award body armor KOHS LEPP 2018 Agenda Action Form Paducah City Commission Meeting Date: September 22, 2020 Short Title: Setting Tax Levies: Ad Valorem Properties - FY2021 - J PERKINS Category: Ordinance Staff Work By: Jonathan Perkins Presentation By: Jonathan Perkins Background Information: Real estate and personal property tax levies for the City’s General Fund and Paducah Junior College (PJC) are proposed to be set as per the attached ordinance. The City’s General Fund real estate tax levy is proposed to remain at $26.7 cents per $100 assessed value (AV). The proposed FY2021 rate is 61% of what the rate was in FY1995, when the City made a conscious effort to lower real estate tax rates. The City’s General Fund personal tax levy is proposed to be $39 cents per $100 AV. The proposed FY2021 rate is 23% less than the FY1995 rate. The City eliminated inventory taxes years ago in order to encourage inventory-rich business growth in Paducah. The City’s inventory rate was phased out over a four-year period, 1998 through 2002, and fully eliminated in FY2003. The inventory tax revenue would have been nearly $873,000 in FY2021, if it were still in place today. Staff proposes the City’s tax levy be set at 26.7 cents per $100 AV, the same as last year (FY2020). The FY2021 compensating rate is 26.3 cents per $100 AV and Kentucky Revised Statutes (KRS) permits a city to adjust the compensating rate upward by not more than 4%, in this case to 27.4 cents. The City of Paducah is proposing to take keep the rate the same as last year which is 1.5% more than the compensating rate. From FY2001 to FY2021, the City of Paducah lowered its real estate tax levy by 3.3 cents, while others increased their tax levy. The property tax levy ordinance will be introduced on September 8, 2020 with the second and final reading on September 22, 2020. Since the City’s proposed tax levy is more than the ‘compensating rate’ of 26.3 cents per $100 AV, a public hearing is required; a public hearing is scheduled for September 8, 2020. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Recommend that the Mayor and Commission adopt the proposed 2020-2021 real estate and personal ad valorem tax levies as proposed. Funds Available:Account Name: Account Number: Staff Recommendation: The City of Paducah will set the 2020-2021 property tax levies as required by KRS. Attachments: 1.PropTx Levy Hist from FY1998 2.Tax Rate FY2021 K:\City Clerk\ORD\FINANCE\Tax Rate FY2021.Docx ORDINANCE NO. 2020-09-_______ AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR THE PERIOD FROM JULY 1, 2020 THROUGH JUNE 30, 2021, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFINED. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. There is hereby levied for the period from July 1, 2020, through June 30, 2021, upon all taxable real property within the City of Paducah, Kentucky, subject to taxation for municipal purposes, an ad valorem tax of twenty six and 7/10 cents ($.267) upon each one hundred dollars ($100.00) assessed valuation of said property, pursuant to Section 157 of the State Constitution, to defray the cost of maintaining and administering the government of the City of Paducah, Kentucky, for said period, exclusive of the levies hereinafter mentioned and defined, and the proceeds of said tax levy shall be paid into the General Fund of the City. SECTION 2. There is hereby levied for the period from July 1, 2020, through June 30, 2021, upon all taxable personal property including motor vehicles and watercraft, except for inventory, within the City of Paducah, Kentucky, subject to taxation for municipal purposes, an ad valorem tax of thirty-nine cents ($0.390) upon each one hundred dollars ($100.00) assessed valuation of said property, pursuant to Section 157 of the State Constitution, to defray the cost of maintaining and administering the government of the City of Paducah, Kentucky, for said period, exclusive of levies hereinafter mentioned and defined, and the proceeds of said tax levy shall be paid into the General Fund of the City. SECTION 3. All taxes levied by Section 1 and 2 of this ordinance are necessary and required in order to provide revenue to meet the requirements of the budget ordinance adopted by the Board of Commissioners, and the proceeds of such tax levies and all other revenue of the City not specifically allocated to other purposes shall be deposited into the General Fund of the City to be expended as provided in the budget ordinance for the period from July 1, 2020, through June 30, 2021. SECTION 4. There is hereby further levied an ad valorem tax of one and 6/10 cents ($0.016) on each one hundred dollars ($100.00) of assessed valuation of all real property subject to taxation for municipal purposes in said City for the period from July 1, 2020, through June 30, 2021, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. SECTION 5. There is hereby further levied an ad valorem tax of one and 6/10 cents ($0.016) on each one hundred dollars ($100.00) of assessed valuation of all personal property subject to taxation, except for inventory, for municipal purposes in said City for the period from July 1, 2020, through June 30, 2021, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. K:\City Clerk\ORD\FINANCE\Tax Rate FY2021.Docx SECTION 6. There is hereby further levied an ad valorem tax of three and 1/10 cents ($0.031) on each one hundred dollars ($100.00) of assessed valuation of all motor vehicles and watercraft property subject to taxation for municipal purposes in said City for the period from July 1, 2020, through June 30, 2021, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. SECTION 7. The taxes levied under this ordinance are summarized as follows: PURPOSE RATE PER $100 GENERAL FUND OF THE CITY: Real Property $0.267 Personal Property (except inventory) $0.390 Motor Vehicles and watercraft $0.390 SCHOOL PURPOSES: PADUCAH JUNIOR COLLEGE Real Estate $0.016 Personal Property (except inventory) $0.016 Motor Vehicles and watercraft $0.031 SECTION 8. Property taxes levied herein shall be due and payable in the following manner: (1) In the case of tax bills which reflect an amount due of less than Nine Hundred Dollars ($900.00), the payment shall be due on November 1, 2020, and shall be payable without penalty and interest until November 30, 2020. (2) In the case of all other tax bills, payment shall be in accordance with the following provisions: (a) The first half payment shall be due on November 1, 2020, and shall be payable without penalty and interest until November 30, 2020. (b) The second half payment shall be due on February 1, 2021, and shall be payable without penalty and interest until February 28, 2021. SECTION 9. The provisions of this ordinance are severable. If any provision, section, paragraph, sentence or part thereof shall be held unconstitutional or invalid, such decision shall not affect or impair the remainder of this ordinance, it being the legislative intent to ordain and enact each provision, section, paragraph, sentence and part thereof separately and independent of each other. SECTION 10. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ K:\City Clerk\ORD\FINANCE\Tax Rate FY2021.Docx Mayor ATTEST: ____________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners September 8, 2020 Adopted by the Board of Commissioners September 22, 2020 Recorded by Lindsay Parish, City Clerk, September __, 2020 Published by The Paducah Sun, September __, 2020 ORD\FINANCE\Tax Rate FY2021 Agenda Action Form Paducah City Commission Meeting Date: September 22, 2020 Short Title: Purchase of Real Estate located at 2640 South 24th Street for the as-is purchase price of $8,000.00 - R MURPHY Category: Ordinance Staff Work By: Rick Murphy, Melanie Townsend Presentation By: Rick Murphy Background Information: 2640 South 24th Street is located immediately adjacent to the South 24th Street Bridge that the City just replaced and enhanced through FEMA funding. The property is located within a floodplain. The current improvements on the property will be removed and the property will be graded to allow for better stormwater drainage and management within the area. The property is assessed at $18,000 by the McCracken County PVA. Mr. & Mrs. Strickland have agreed upon an as-is purchase price of $8,000 for the property. This purchase will also support a larger prospective project involving improvement of South 24th Street. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): I-3: Stormwater Utility Maintenance and Mitigation CI-4: Improve Street Conditions within the City Funds Available:Account Name: MAP Fund Constr Materials/StrmSwr Account Number: 23002217 539200 Staff Recommendation: Authorize the Mayor to enter into a purchase contract and execute all documents necessary to execute the purchase of real estate located at 2640 South 24th Street, Paducah, KY for the as-is purchase price of $8,000.00 Attachments: 1.2640 South 24th St deed 2.Ordinance - property purchase - 2640 South 24th Street 1 ORDINANCE NO. 2020-09-___________ AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF A CERTAIN TRACT OF REAL ESTATE GENERALLY LOCATED AT 2640 SOUTH 24TH STREET, PADUCAH, McCRACKEN COUNTY, KENTUCKY, FROM WAYNE STRICKLAND, A/K/A CECIL WAYNE STRICKLAND AND HIS WIFE, NANCY CARROL STRICKLAND, FOR A PUBLIC PURPOSE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME WHEREAS, the Board of Commissioners of the City of Paducah has determined that it is necessary, appropriate, or in the best interest of the City to purchase a certain tract of real estate generally located at 2640 South 24th Street, Paducah, McCracken County, Kentucky 42001, which is more particularly described in Exhibit “A” attached hereto and made a part hereof; and WHEREAS, the property located at 2640 South 24th Street is located in a floodplain and is immediately adjacent to the South 24th Street Bridge that the City just replaced and enhanced through FEMA Funding; and WHEREAS, the current improvements on the property will be removed and the property will be graded to allow for better stormwater drainage and management within the area; and WHEREAS, Wayne Strickland, a/k/a Cecil Wayne Strickland and his wife, Nancy Carrol Strickland (“SELLERS”), acknowledge that the property is assessed at $18,000 by the McCracken County PVA, but they have agreed upon an “as is” purchase price of $8,000; and WHEREAS, the City of Paducah has reached an agreement for the purchase of the Property with Sellers, their successors and assigns, for the purchase price of EIGHT THOUSAND AND NO/100 ($8,000) DOLLARS; and 2 WHEREAS, the Board of Commissioners of the City of Paducah concur and find that the purchase of the Property for the purchase price of EIGHT THOUSAND AND NO/100 ($8,000) DOLLARS is in the best interest of the City. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners of the City of Paducah hereby approves and consents to the purchase and acquisition of the Property from Sellers for the purchase price of EIGHT THOUSAND AND 00/100 ($8,000) DOLLARS. It is hereby found and determined that the acquisition is to be used for the public purposes of the City. SECTION 2. It is further determined that the Mayor, on behalf of the City of Paducah, Kentucky, is authorized to execute a purchase contract and all other documents necessary to accomplish and consummate the purchase and acquisition of the Property from Sellers in accordance with this Ordinance. SECTION 3. The Finance Director is hereby authorized to make said expenditure approved in Section 1 from the MAP Fund Construction Materials, Storm Sewer Account, Account Number 23002217 539200 SECTION 4. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 5. This City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable 3 legal requirements. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 7. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. __________________________________________ MAYOR ATTEST: ___________________________ City Clerk Introduced by the Board of Commissioners, September 8, 2020 Adopted by the Board of Commissioners, September _____, 2020 Recorded by Lindsay Parish, City Clerk, September _____, 2020. Published by The Paducah Sun, _____________________, 2020. \ord\ property-2640 South 24th Street 4 EXHIBIT “A” Beginning at an iron pin on the west side of South 24th Street a distance of 300 feet in a northerly direction from the northwest intersection of South 28th Street (Schmidt Street) and South 24th; thence in a northerly direction with the westerly line of South 24th Street a distance of 110 feet to an iron pin; thence at an interior angle of 90 degrees 3 minutes 10 seconds, a distance of 274.85 feet, in a westerly direction to an iron pin; thence at an interior angle of 73 degrees 15 minutes, a distance of 114.87 feet in a southerly direction to an iron pin; thence at an interior angle of 160 degrees 45 minutes, a distance of 241.85 feet in a westerly direction to the point of beginning. Agenda Action Form Paducah City Commission Meeting Date: September 22, 2020 Short Title: Final Annexation Ordinance for Bremer, Oliphant & King -- T TRACY Category: Ordinance Staff Work By: Josh Sommer, Tammara Tracy Presentation By: Tammara Tracy Background Information: The City Commission adopted Ordinance Number 2020-6-8640, which was published on June 30, 2020. This was an Intent to Annex Ordinance for properties located at 5269 Hinkleville Road, 1815 Olivet Church Road and 6215 Blandville Road. No petitions to have this item placed on the November ballot were received in the statutory 60 day petition period. This ordinance would finalize their annexation into the City of Paducah. 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: Approval of the Ordinance to annex these three properties. Attachments: 1.ANX2020-024 Plat - Bremer Tract Olivet Church Rd 2.ANX2020-024 Plat - King Tract US60-Hinkleville 3.ANX2020-024 Plat - Oliphant Tract US62 Blandville 4.King Legal ANX2020-024 5.Oliphant Legal ANX2020-024 6.Bremer Legal ANX2020-024 7.Ordinance - annex – final - Blandville, Olivet Church, Hinkleville – Oliphant, Bremer, King LEGAL DESCRIPTION OF ANNEXATION TRACT “A” ALBERT KING PROPERTY A certain tract of land containing 4.0920 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on January 21, 2020, located on the north side of U.S. Highway 60 (aka Hinkleville Road) and west of U.S. Highway 998 (aka Olivet Church Road) in McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on Grid North from GPS static observation made on January 21, 2020. The horizontal control is based Kentucky State Plane Coordinates System South Zone (NAD 83) (2011) (NAVD 88) (GEOID 18). Beginning at a point on the north right of way of U.S. Highway 60 and in the existing City of Paducah Kentucky limits, and being the southwest corner of the herein described tract, said point being located at Kentucky State Plane Coordinate North: 1922894.543, East: 779138.932; Latitude: 37°04'19.99233", Longitude: 88°42'09.57208"; Thence North 36 Degrees 31 Minutes 43 Seconds West for a distance of 651.68 feet with the existing City of Paducah Kentucky limits to a point; Thence North 40 Degrees 19 Minutes 49 Seconds East for a distance of 243.60 feet to a point; Thence South 37 Degrees 14 Minutes 49 Seconds East for a distance of 789.70 feet to a point in the right of way of U.S. Highway 60; Thence with the right of way of U.S. Highway 60 and the existing City of Paducah Kentucky limits the following (2) Two courses: 1. South 37 Degrees 54 Minutes 28 Seconds East for a distance of 30.93 feet to a point; 2. South 78 Degrees 04 Minutes 28 Seconds West for a distance of 272.62 feet to the point of beginning and being a part of the same property described in Deed Book 663, Page 790 of the McCracken County Clerk’s office. The above described tract forms a geometrically closed figure. The subject property adjoins the existing City Limits of Paducah, Kentucky along its south and west boundaries. ________________________________________ Ricky A. Tosh, PLS No. 2900 Date 2020005 Annex Legal.docx LEGAL DESCRIPTION OF ANNEXATION TRACT “A” NEAL & SHARON OLIPHANT PROPERTY A certain tract of land containing 3.3997 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on January 13, 2020, located on the north side of U.S. Highway 62 (aka Blandville Road) and east of New Holt Road in McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on Grid North from GPS static observation made on January 13, 2020. The horizontal control is based Kentucky State Plane Coordinates System South Zone (NAD 83) (2011) (NAVD 88) (GEOID 18). Beginning at a point on the north right of way of U.S. Highway 62 and in the existing City of Paducah Kentucky limits, and being the southwest corner of the herein described tract, said point being located at Kentucky State Plane Coordinate North: 1913551.491, East: 780563.213; Latitude: 37°02'48.09528", Longitude: 88°41'48.41012"; Thence North 42 Degrees 45 Minutes 12 Seconds East for a distance of 360.08 feet to a point; Thence North 04 Degrees 06 Minutes 55 Seconds East for a distance of 51.89 feet to a point; Thence North 89 Degrees 26 Minutes 58 Seconds West for a distance of 76.04 feet to a point; Thence North 68 Degrees 54 Minutes 29 Seconds West for a distance of 31.35 feet to a point; Thence North 18 Degrees 33 Minutes 15 Seconds East for a distance of 64.11 feet to a point; Thence North 19 Degrees 17 Minutes 46 Seconds West for a distance of 27.04 feet to a point; Thence North 39 Degrees 49 Minutes 18 Seconds East for a distance of 54.31 feet to a point; Thence North 18 Degrees 22 Minutes 43 Seconds West for a distance of 50.73 feet to a point; Thence North 21 Degrees 12 Minutes 59 Seconds East for a distance of 55.10 feet to a point; Thence North 49 Degrees 28 Minutes 09 Seconds East for a distance of 16.65 feet to a point; Thence South 60 Degrees 54 Minutes 28 Seconds East for a distance of 17.82 feet to a point; Thence North 50 Degrees 07 Minutes 22 Seconds East for a distance of 38.52 feet to a point; Thence North 36 Degrees 23 Minutes 53 Seconds East for a distance of 38.99 feet to a point; Thence North 08 Degrees 57 Minutes 07 Seconds West for a distance of 36.11 feet to a point in the existing City of Paducah Kentucky limits; Thence South 22 Degrees 16 Minutes 41 Seconds East for a distance of 660.80 feet with the existing City of Paducah Kentucky limits to a point in the north right of way of U.S. Highway 62; Thence with the right of way of U.S. Highway 62 and continuing the existing City of Paducah Kentucky limits the following (3) Three courses: 1. South 80 Degrees 43 Minutes 48 Seconds West for a distance of 324.47 feet to a point; 2. North 85 Degrees 06 Minutes 35 Seconds West for a distance of 186.22 feet to a point; 3. South 82 Degrees 29 Minutes 11 Seconds West for a distance of 13.22 feet to the point of beginning and being a part of the property described in Deed Book 860, Page 38 . The above described tract forms a geometrically closed figure. The subject property adjoins the existing City Limits of Paducah, Kentucky along its south and east boundaries. ________________________________________ Ricky A. Tosh, PLS No. 2900 Date 2020004 Annex Legal.docx LEGAL DESCRIPTION OF ANNEXATION TRACT “A” LUCAS & MOLLIE BREMER PROPERTY & ADJOINGING OLIVET CHURCH RD RIGHT OF WAY A certain tract of land containing 1.1547 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on January 16, 2020, located on the west side of Kentucky Highway 998 (aka Olivet Church Road) and north of U.S. Highway 60 in McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on Grid North from GPS static observation made on January 16, 2020. The horizontal control is based Kentucky State Plane Coordinates System South Zone (NAD 83) (2011) (NAVD 88) (GEOID 18). Beginning at a point on the east right of way of Kentucky Highway 998 and in the existing City of Paducah Kentucky limits, and being the southeast corner of the herein described tract, said point being located at Kentucky State Plane Coordinate North: 1913963.645, East: 776283.284; Latitude: 37°02'50.84551", Longitude: 88°42'41.33843"; Thence North 68 Degrees 19 Minutes 38 Seconds West for a distance of 335.41 feet crossing the right of way of Kentucky Highway 998 and with the existing City of Paducah Kentucky limits to a point; Thence North 22 Degrees 57 Minutes 14 Seconds East for a distance of 150.00 feet leaving the City Limits boundary to a point; Thence South 68 Degrees 19 Minutes 38 Seconds East for a distance of 335.41 feet crossing the right of way of Kentucky Highway 998 to a point in the east right of way of said highway and in the existing City of Paducah Kentucky limits; Thence South 22 Degrees 57 Minutes 14 Seconds West for a distance of 150.00 feet with the east right of way of Kentucky Highway 998 and the existing City of Paducah Kentucky limits to the point of beginning and being the property described in Deed Book 1338, Page 191 and a portion of the right of way of Kentucky Highway 998. Together with and subject to covenants, easements, right of ways and restrictions of record and in existence. ________________________________________ Ricky A. Tosh, PLS No. 2900 Date 2019121 Annex Legal.docx ORDINANCE NO. 2020-____-_____ AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE ANNEXATION OF CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS WHEREAS, the City adopted Ordinance No. 2020-06-8640 on June 24, 2020, declaring its intent to annex approximately 8.6 acres of land located at 1815 Olivet Church Road, 6215 Blandville Road and 5269 Hinkleville Road, which is contiguous to the City of Paducah and particularly and accurately set out in the legal descriptions below; and WHEREAS, said properties are urban in character or suitable for urban development without unreasonable delay; and WHEREAS, annexation has been requested by the following property owners: Neal & Sharon Oliphant for the property located at 6215 Blandville Road and Lucas Bremer for the property located at 1815 Olivet Church Road; and WHEREAS, not all of the real property owners within the territory proposed to be annexed have given their consent to be annexed and the City of Paducah is pursuing the annexation of 5269 Hinkleville Road; and, WHEREAS, said tracts of land are not within the boundary of another incorporated city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. It is the intent of the City of Paducah, Kentucky, to finalize the annexation of the hereinafter described property, and therefore that the hereinafter described property be annexed to, and be made a part of the City of Paducah, Kentucky said real property being more particularly and accurately described as follows: LEGAL DESCRIPTION OF ANNEXATION NEAL & SHARON OLIPHANT PROPERTY A certain tract of land containing 3.3997 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on January 13, 2020, located on the north side of U.S. Highway 62 (aka Blandville Road) and east of New Holt Road in McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on Grid North from GPS static observation made on January 13, 2020. The horizontal control is based Kentucky State Plane Coordinates System South Zone (NAD 83) (2011) (NAVD 88) (GEOID 18). Beginning at a point on the north right of way of U.S. Highway 62 and in the existing City of Paducah Kentucky limits, and being the southwest corner of the herein described tract, said point being located at Kentucky State Plane Coordinate North: 1913551.491, East: 780563.213; Latitude: 37°02'48.09528", Longitude: 88°41'48.41012"; Thence North 42 Degrees 45 Minutes 12 Seconds East for a distance of 360.08 feet to a point; Thence North 04 Degrees 06 Minutes 55 Seconds East for a distance of 51.89 feet to a point; Thence North 89 Degrees 26 Minutes 58 Seconds West for a distance of 76.04 feet to a point; Thence North 68 Degrees 54 Minutes 29 Seconds West for a distance of 31.35 feet to a point; Thence North 18 Degrees 33 Minutes 15 Seconds East for a distance of 64.11 feet to a point; Thence North 19 Degrees 17 Minutes 46 Seconds West for a distance of 27.04 feet to a point; Thence North 39 Degrees 49 Minutes 18 Seconds East for a distance of 54.31 feet to a point; Thence North 18 Degrees 22 Minutes 43 Seconds West for a distance of 50.73 feet to a point; Thence North 21 Degrees 12 Minutes 59 Seconds East for a distance of 55.10 feet to a point; Thence North 49 Degrees 28 Minutes 09 Seconds East for a distance of 16.65 feet to a point; Thence South 60 Degrees 54 Minutes 28 Seconds East for a distance of 17.82 feet to a point; Thence North 50 Degrees 07 Minutes 22 Seconds East for a distance of 38.52 feet to a point; Thence North 36 Degrees 23 Minutes 53 Seconds East for a distance of 38.99 feet to a point; Thence North 08 Degrees 57 Minutes 07 Seconds West for a distance of 36.11 feet to a point in the existing City of Paducah Kentucky limits; Thence South 22 Degrees 16 Minutes 41 Seconds East for a distance of 660.80 feet with the existing City of Paducah Kentucky limits to a point in the north right of way of U.S. Highway 62; Thence with the right of way of U.S. Highway 62 and continuing the existing City of Paducah Kentucky limits the following (3) Three courses: 1. South 80 Degrees 43 Minutes 48 Seconds West for a distance of 324.47 feet to a point; 2. North 85 Degrees 06 Minutes 35 Seconds West for a distance of 186.22 feet to a point; 3. South 82 Degrees 29 Minutes 11 Seconds West for a distance of 13.22 feet to the point of beginning and being a part of the property described in Deed Book 860, Page 38 . The above described tract forms a geometrically closed figure. The subject property adjoins the existing City Limits of Paducah, Kentucky along its south and east boundaries. LEGAL DESCRIPTION OF ANNEXATION LUCAS & MOLLIE BREMER PROPERTY & ADJOINGING OLIVET CHURCH RD RIGHT OF WAY A certain tract of land containing 1.1547 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on January 16, 2020, located on the west side of Kentucky Highway 998 (aka Olivet Church Road) and north of U.S. Highway 60 in McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on Grid North from GPS static observation made on January 16, 2020. The horizontal control is based Kentucky State Plane Coordinates System South Zone (NAD 83) (2011) (NAVD 88) (GEOID 18). Beginning at a point on the east right of way of Kentucky Highway 998 and in the existing City of Paducah Kentucky limits, and being the southeast corner of the herein described tract, said point being located at Kentucky State Plane Coordinate North: 1913963.645, East: 776283.284; Latitude: 37°02'50.84551", Longitude: 88°42'41.33843"; Thence North 68 Degrees 19 Minutes 38 Seconds West for a distance of 335.41 feet crossing the right of way of Kentucky Highway 998 and with the existing City of Paducah Kentucky limits to a point; Thence North 22 Degrees 57 Minutes 14 Seconds East for a distance of 150.00 feet leaving the City Limits boundary to a point; Thence South 68 Degrees 19 Minutes 38 Seconds East for a distance of 335.41 feet crossing the right of way of Kentucky Highway 998 to a point in the east right of way of said highway and in the existing City of Paducah Kentucky limits; Thence South 22 Degrees 57 Minutes 14 Seconds West for a distance of 150.00 feet with the east right of way of Kentucky Highway 998 and the existing City of Paducah Kentucky limits to the point of beginning and being the property described in Deed Book 1338, Page 191 and a portion of the right of way of Kentucky Highway 998. Together with and subject to covenants, easements, right of ways and restrictions of record and in existence. LEGAL DESCRIPTION OF ANNEXATION ALBERTA KING PROPERTY A certain tract of land containing 4.0920 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on January 21, 2020, located on the north side of U.S. Highway 60 (aka Hinkleville Road) and west of U.S. Highway 998 (aka Olivet Church Road) in McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on Grid North from GPS static observation made on January 21, 2020. The horizontal control is based Kentucky State Plane Coordinates System South Zone (NAD 83) (2011) (NAVD 88) (GEOID 18). Beginning at a point on the north right of way of U.S. Highway 60 and in the existing City of Paducah Kentucky limits, and being the southwest corner of the herein described tract, said point being located at Kentucky State Plane Coordinate North: 1922894.543, East: 779138.932; Latitude: 37°04'19.99233", Longitude: 88°42'09.57208"; Thence North 36 Degrees 31 Minutes 43 Seconds West for a distance of 651.68 feet with the existing City of Paducah Kentucky limits to a point; Thence North 40 Degrees 19 Minutes 49 Seconds East for a distance of 243.60 feet to a point; Thence South 37 Degrees 14 Minutes 49 Seconds East for a distance of 789.70 feet to a point in the right of way of U.S. Highway 60; Thence with the right of way of U.S. Highway 60 and the existing City of Paducah Kentucky limits the following (2) Two courses: 1. South 37 Degrees 54 Minutes 28 Seconds East for a distance of 30.93 feet to a point; 2. South 78 Degrees 04 Minutes 28 Seconds West for a distance of 272.62 feet to the point of beginning and being a part of the same property described in Deed Book 663, Page 790 of the McCracken County Clerk’s office. The above described tract forms a geometrically closed figure. The subject property adjoins the existing City Limits of Paducah, Kentucky along its south and west boundaries. SECTION 2. The City of Paducah hereby declares it desirable to annex the properties described in Section 1 above. SECTION 3. If any section or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be deemed severable and shall not affect the validity of the remaining sections of the ordinance. 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, September 8, 2020 Adopted by the Board of Commissioners, ________________ Recorded by Paducah City Clerk, _________________ Published by The Paducah Sun, _________________ \ord\plan\annex – final - Blandville, Olivet Church, Hinkleville – Oliphant, Bremer, King Agenda Action Form Paducah City Commission Meeting Date: September 22, 2020 Short Title: Collection of property taxes imposed by the Paducah Independent School District - J PERKINS Category: Ordinance Staff Work By: Jonathan Perkins Presentation By: Jonathan Perkins Background Information: Each year, the Paducah Independent School District Board of Education (BOE) sets its tax levy for real estate and personal property pursuant to the authority vested in it under its charter & the Laws of Kentucky. The BOE authorizes the City of Paducah to collect the School District's property taxes for them under KRS 160.460. For the period July 1, 2020 through June 30, 2021 the BOE has levied the following tax levies and has authorized the City of Paducah to collect those taxes: Real Estate $.864 per $100 AV Personal Property (including inventory) $.864 per $100 AV Taxes collected by the City of Paducah for the BOE is due and payable as set forth in the City's ordinance to collect its own property taxes. 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: Staff recommends for passage. Attachments: 1.Ordinance - Paducah Independent School authorization to collect ad valorem taxes - Sept 2020 K:\City Clerk\ORD\FINANCE\Paducah Independent School Authorization To Collect Ad Valorem Taxes - Sept 2020.Docx ORDINANCE NO. 2020-______-_________ AN ORDINANCE AUTHORIZING THE CITY OF PADUCAH TO COLLECT TAXES FOR THE PADUCAH INDEPENDENT SCHOOL DISTRICT FOR THE PERIOD FROM JULY 1, 2020 THROUGH JUNE 30, 2021. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. KRS 160.460 authorizes designated cities, such as the City of Paducah, to collect taxes assessed by independent school districts. Pursuant to this authority, the Board of Commissioners hereby authorizes the Director of Finance to collect taxes assessed by the Paducah Independent School District. SECTION 2. The Board of Education of the City of Paducah, Kentucky, pursuant to the authority vested in it under its charter and under the laws of the Commonwealth of Kentucky has adopted a resolution and budget levying an ad valorem tax on all real property in said City subject to taxation for school purposes. Pursuant to said resolution, the Board of Education budgets and levies the following taxes for the period of July 1, 2020 through June 30, 2021, an ad valorem tax of eighty-six and 4/10 cents ($0.864) on each one hundred dollars ($100.00) assessed valuation of all real property subject to taxation for school purposes in the City of Paducah, Kentucky, for the support and maintenance of the public schools of said City shall be collected by the City for the Board of Education. SECTION 3. The Board of Education of the City of Paducah, Kentucky, pursuant to the authority vested in it under its charter and under the laws of the Commonwealth of Kentucky has adopted a resolution and budget levying an ad valorem tax on all personal property in said City subject to taxation for school purposes. Pursuant to said resolution, the Board of Education budgets and levies the following taxes for the period of July 1, 2020 through June 30, 2021, an ad valorem tax of eighty-six and 4/10 cents ($0.864) on each one hundred dollars ($100.00) assessed valuation of all personal property subject to taxation for school purposes in the City of Paducah, Kentucky, for the support and maintenance of the public schools of said City shall be collected by the City for the Board of Education. SECTION 4. The City of Paducah shall collect the following taxes for the Board of Education: K:\City Clerk\ORD\FINANCE\Paducah Independent School Authorization To Collect Ad Valorem Taxes - Sept 2020.Docx PADUCAH INDEPENDENT SCHOOL DISTRICT Real Estate $0.864 Personal Property (including inventory) $0.864 SECTION 5. Taxes authorized to be collected herein shall be due and payable as set forth in Ordinance No. 2020-09-________. SECTION 6. The provisions of this ordinance are severable. If any provision, section, paragraph, sentence or part thereof shall be held unconstitutional or invalid, such decision shall not affect or impair the remainder of this ordinance, it being the legislative intent to ordain and enact each provision, section, paragraph, sentence and part thereof separately and independent of each other. SECTION 7. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ________________________________________ Mayor ATTEST: ______________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners September ___, 2020 Adopted by the Board of Commissioners _______________, 2020 Recorded by Lindsay Parish, Paducah City Clerk, _______________, 2020 Published by The Paducah Sun, ______________, 2020 Ordinance Prepared by Stacey Blankenship, KKHB ORD/FIN/Paducah Independent School authorization to collect ad valorem taxes 09-2020