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HomeMy WebLinkAboutCCMPacket2021-02-23CITY COMMISSION MEETING AGENDA FOR FEBRUARY 23, 2021 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 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 February 5th, 6th and 9th, 2021 B.Receive & File Documents C.Reappointment of Robert L. Wade to the Civil Service Commission D.Appointment of Darryl Pea to the Electric Plant Board E.Reappointment of Ines Rivas-Hutchins to the Code Enforcement Board F.Personnel Actions G.Application and Acceptance of the FY 2022 Highway Safety Grant - B LAIRD H.Application for the FY2020 Fire Prevention and Safety Grant in the amount of $12,000 - S KYLE I.Approve Tyler Technologies Contract Amendment for Energov & Munis - M SMOLEN II. MUNICIPAL ORDER(S) A.Accept Donation of Property - 540 Locust Drive - S KYLE B.Accept Donation of Property - 1246 South 6th Street - S KYLE C.Application for a Staffing for Adequate Fire and Emergency Response (SAFER) Grant in an amount of $835,754.13 - S KYLE D.MAP~GIS ESRI License 3-year Renewal $210,000 - S CHINO III. ORDINANCE(S) - ADOPTION A. Bid Award for 2021-2022 Concrete Program - R MURPHY B. Approve an Agreement with Commonwealth Economics for Professional Services related to the Tax Increment Financing District - J ARNDT IV. ORDINANCE(S) - INTRODUCTION A.Ordinance Amending Chapter 50, Article III. “Stormwater Conveyance And Management” of the Code of Ordinances of The City Of Paducah, Kentucky – R MURPHY V. DISCUSSION A.2021 Strategic Plan Discussion VI. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VII. EXECUTIVE SESSION February 5, 2021 At a Called Meeting of the Paducah Board of Commissioners held on Friday, February 5, 2021, at 12:00 p.m. at the Julian Carroll Convention Center Cumberland Room located at 415 Park Street, Paducah, KY, Mayor Bray presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). The public was invited to attend this meeting in person. WELCOME Mayor Bray and City Manager Arndt offered a welcome, established the ground rules for the retreat, and reviewed the agenda. STRATEGIC PLAN CYCLE Assistant City Manager Smolen gave the Board of Commissioners an overview of the Strategic Plan Cycle and past practices in reporting on Strategic Plan initiatives. LEADERSHIP TEAM PRESENTATIONS The Leadership Team of the City of Paducah offered the top two (2) priorities for each City Department over the next 2 years. Below is a list of the Leadership Team Priorities. Department Priorities City Manager's Office 1. Enhanced Communication Plan 2. City Economic Development Strategies Communications 1. Update Software and Theme for City’s Website, paducahky.gov 2. Launch National Community Survey Customer Experience & City Clerk 1. Accessible Online City Records 2. Standardized Inquiry Processing & Enhanced Communication Assistance Engineering 1. Stormwater 2. Active Projects Finance 1. $20M 2020A GOB Proceeds 2. Permanent E911 Funding source Fire & Fire Prevention 1. Facilities with a replacement priority for Station 4 2. Staffing HR 1. Recruitment & Retention (Policies & Benefits) 2. Risk Management & Safety Culture & Programs IT 1. Infrastructure Upgrades and outdated equipment replacement 2. Server and Desktop software upgrades Parks and Recreation 1. Parks Building (Renovation and repair vs. Relocation to Civic Center) 2. Sports Commission Project and Impacts Planning 1. Downtown Revitalization 2. Neighborhood Revitalization Police 1. Create parking lot on property donated to PD (1331 Broadway) 2. Achieve full staffing Public Works 1. GPS service for Public Works service vehicles 2. Establish safety program STRATEGIC PLAN ACTION ITEM REVIEW, DISCUSSION AND PRIORITIZATION City Manager Arndt led the Commission in a review of the current Strategic Plan items. The Commission discussed reporting metrics, communication, special events, and partnership with McCracken County as they relate to the Strategic Plan. ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Gault, to adjourn the meeting of the Paducah Board of Commissioners. February 5, 2021 Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). Meeting ended at approximately 4:20 p.m. ADOPTED: February 23, 2021 ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk February 5, 2021 At a Called Meeting of the Paducah Board of Commissioners held on Saturday, February 6, 2021, at 8:00 a.m. at the Julian Carroll Convention Center Cumberland Room located at 415 Park Street, Paducah, KY, Mayor Bray presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). The public was invited to attend this meeting in person. WELCOME Mayor Bray offered opening comments. TWO MAIN THINGS EXERCISE City Manager Arndt took the Commission through an exercise to help determine each Commission member’s two (2) top priorities for the next two (2) years. 2021 STRATEGIC PLAN CREATION The City Commission worked to determine the top 12 items to include on the 2021 Strategic Plan. The following items were identified in no particular order of priority: 1. 911 Radio/Tower Upgrades and Operational Funding 2. Minority Inclusion 3. Downtown 4. Stormwater 5. Southside Enhancements 6. Sports - Bluegrass Downs and Stuart Nelson Park 7. Remote Workers Incentive Program 8. Communications Enhancement 9. City Facilities 10. Develop a plan for Parks Building and Fire Station 4 11. Housing 12. Annexation/Planned Growth STRATEGIC PLAN ACTION ITEM REVIEW, DISCUSSION AND PRIORITIZATION City Manager Arndt led the Commission in a review of the current Strategic Plan items. The Commission discussed reporting metrics, communication, special events, and partnership with McCracken County as they relate to the Strategic Plan. EXECUTIVE SESSION Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Board go into closed session for discussion of matters pertaining to the future sale or acquisition of a specific parcel(s) of real estate, as permitted by KRS 61.810(1)(b). Adopted on a call of the roll, yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). RECONVENE IN OPEN SESSION Commissioner Wilson offered motion, seconded by Commissioner Gault to reconvene in open session. Adopted on a call of the roll, yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Gault, to adjourn the meeting of the Paducah Board of Commissioners. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). Meeting ended at approximately 12:43 p.m. February 5, 2021 ADOPTED: February 23, 2021 ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk February 9, 2021 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, February 9, 2021, at 5:30 p.m., Mayor Bray presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (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, all members of the Board of Commissioners participated using video teleconferencing. Further, this meeting was not open to the public. The public was invited to view the meeting on YouTube at https://www.youtube.com/user/paducahkygov or on the government access channel Government 11 (Comcast channel 11). INVOCATION: Mayor Bray led the invocation PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. There were no items removed. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for the January 26, 2021, Paducah Board of Commissioners Meeting I(B) Receive and File Documents: Minute File: 1. Notice of Regular Meeting for the Board of Commissioners of the City of Paducah,– January 26, 2021 – Virtual Meeting Deed File: 1. Quitclaim Deed – City of Paducah to Troy Edward Jones – Alley Closure Between 1420 Martin Luther King Jr. Drive and 1415 Harrison - ORD 2020-06- 8639 2. Quitclaim Deed – City of Paducah to Andrew Suggs - Alley Closure Between 1420 Martin Luther King Jr. Drive and 1415 Harrison – ORD 2020-06-8639 3. Deed of Conveyance – Wayne Strickland (a/k/a Cecil Wayne Strickland) and Nancy Carrol Strickland – 2640 South 24th Street – ORD 2020-09-8565 4. Quitclaim Deed – City of Paducah to Paducah-McCracken County Joint Sewer Agency – Alley Closure extending West of Northview Street – ORD 2020-12- 8663 Contract File: 1. Agreement between the City of Paducah and the Paducah Public School System for School Resource Officers – MO #2426 Financials File: 1. Financials for Paducah Water Works – November 2020 and December 2020 Bids File: 1. Official Bidder of Record – Permitting For Dredging Project – HDR Engineering, Inc. - $266,250 – ORD 2021-01-8670 2. Statement of Qualifications – Flap Gate Replacement Engineering – HDR $79,550 – ORD 2020-01-8671 3. 2021-2022 Concrete Program February 9, 2021 a. Wilkins Construction Company b. Harper Construction I(C) Reappointment of Corbin Snarden to the Board of Ethics. Said term shall expire February 10, 2024 I(D) Personnel Actions I(E) A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 2028 CLAY STREET, PADUCAH, KENTUCKY TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF MARIA ANGELIQUE KORTE IN THE AMOUNT OF $522.08 FOR PURCHASE OF SAID REAL PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME (MO #2427; BK 11) Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). RESOLUTION KENTUCKY TRANSPORTATION FUNDING Commissioner Gault offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Resolution entitled, “A RESOLUTION OF THE BOARD OF COMMISIONERS OF THE CITY OF PADUCAH, SUPPORTING THE ADDRESSING OF MODERNIZATION OF KENTUCKY’S TRANSPORTATION FUNDING MECHANISMS TO ADDRESS TRANSPORTATION FUNDING NEEDS THROUGH THE COMMONWEALTH.” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). MUNICIPAL ORDERS AUTHORIZE PAYMENT TO KENTUCKY ECONOMIC DEVELOPMENT FINANCE AUTHORITY TO FINALIZE TIF Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt a Municipal Ordered entitled, “A MUNICIPAL ORDER AUTHORIZING PAYMENT TO THE KENTUCKY ECONOMIC DEVELOPMENT FINANCE AUTHORITY FOR TAX INCREMENT FINANCING (TIF) CONSULTANT SERVICES, IN AN AMOUNT OF $50,000 AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME.” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (MO #2428; BK 11) APPLICATION FOR FY2020 ASSISTANCE TO FIREFIGHTERS GRANT Commissioner Guess offered motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A FY2020 ASSISTANCE TO FIREFIGHTERS MATCHING GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, IN THE AMOUNT OF $27,000, TO BE USED FOR THE PADUCAH FIRE DEPARTMENT TO PURCHASE A MOBILE AIR SUPPLY SYSTEM THAT WOULD PRIVDE ON-SCENE AIR FOR BREATHING SYSTEMS.” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (MO #2429; BK 11) February 9, 2021 ORDINANCE INTRODUCTION BID AWARD FOR 2021-2022 CONCRETE PROGRAM Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Board of Commissioner introduce an ordinance entitled, “AN ORDINANCE ACCEPTING THE BID FOR THE CITY OF PADUCAH’S CALENDAR YEARS 2021-2022 CONCRETE PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME.” This ordinance is summarized as follows: That the City of Paducah accepts the bid of Harper Construction, LLC, for the calendar years 2021-2022 concrete program, at the unit prices and hourly rates listed below, and authorizes the Mayor to execute a contract for same. The contract has a one-year renewal option, ending December 31, 2023, upon mutual agreement by the City and Harper Construction. The prices are as follows: Concrete Removal and Replacement Unit Prices ITEM NO DESCRIPTION UNIT UNIT BID PRICE 1 Curb & Gutter (Remove & Construct) L.F. $ 23.00 2 Curb & Gutter (Adjacent to Roadside Edge) L.F. 17.50 3 Curb & Gutter (New Construction) L.F. 14.99 4 Concrete Sidewalk (Remove & Construct) S.Y. 37.00 5 Concrete Sidewalk (New Construction) S.Y. 30.00 6 Concrete Handicap Ramp S.Y. 65.00 7 Concrete Entrance Pavement  6” (Residential) S.Y. 58.00 8 Concrete Entrance Pavement – 8” (Commercial) S.Y. 64.00 9 Concrete Entrance Pavement  6” M-Mix S.Y. 65.00 10 Concrete Entrance Pavement  8” M-Mix S.Y. 71.00 11 Granite Curb Reset with new Concrete Gutter L.F. 30.00 12 Gutter Replacement – Granite/Concrete Curb in Place L.F. 20.00 13 Concrete Header Curb – 12” L.F. 14.00 14 Concrete Header Curb – 18” L.F. 15.00 15 Non-Reinforced Concrete 8” S.Y. 52.00 16 Inlet Repair (Existing) Each 600.00 17 Reinforced Concrete New Construction –Class A C.Y. 700.00 18 Deep Saw Cut L.F. 3.00 19 Perforated Pipe – 4” L.F. 5.00 Excavation Rates: ITEM NO DESCRIPTION UNIT HOURLY RATE 1 Trackhoe HR $100.00 2 Backhoe HR 80.00 3 Compactor/Roller HR 70.00 4 Dump Truck HR 90.00 5 Backhoe with Breaker HR 90.00 6 Small Dozer HR 90.00 7 Laborer HR 35.00 February 9, 2021 APPROVE AN AGREEMENT WITH COMMONWEALTH ECONOMICS FOR PROFESSIONAL SERVICES RELATED TO THE TAX INCREMENT FINANCING DISTRICT Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioner introduce an ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH COMMONWEALTH ECONOMICS PARTNERS, LLC FOR CONSULTING SERVICES RELATED TO THE TAX INCREMENT FINANCING (TIF) PROGRAM FOR THE PADUCAH RIVERFRONT DEVELOPMENT PROJECT.” This Ordinance is summarized as follows: This ordinance authorizes the Mayor to execute a professional services agreement with Commonwealth Economics Partners, LLC, for services related to the Tax Increment Financing (TIF) Program. This agreement authorizes the expenditure of a flat fee of $4,000 per month during the period of time related to the State TIF Approval Process. The fee shall change to a flat fee of $1,750 per month after the completion of the approval process and before the City Block construction phase. The flat fee shall then change to a flat fee of $3,500 per month during the City Block construction phase. Further, this ordinance authorizes the payment of all outstanding balances due and payable to Commonwealth Economics Partners, LLC. This agreement shall continue until notification of cancellation by either party. V. DISCUSSION DISCUSSION OF PADUCAH’S STORMWATER PERMIT THROUGH KENTUCKY DIVISION OF WATER Communications Manager Pam Spencer offered the following summary: “City Engineer Rick Murphy along with John Lyons of Strand Associates, Inc. provided an overview of the City’s stormwater permit through the Kentucky Division of Water as required by the federal Clean Water Act. The main goals of this permit are to reduce pollution and protect water quality. Paducah is responsible for regulating its Municipal Separate Storm Sewer System (MS4) which includes the various storm water drainage systems such as streets, catch basins, storm inlets, and other mechanisms. The latest review of Paducah’s MS4 permit by the Kentucky Division of Water notes that the City needs to amend a section of its Code of Ordinances to include a stormwater runoff quality treatment standard.” CITY MANAGER COMMENTS  The City Manager was pleased with the Strategic Planning Retreat and thanked the Commission for their participation and feedback.  There are three interviews scheduled with potential search firms to find a City Manager replacement.  There will be an environmental specialist (representative of the Department of Transportation) in Paducah on February 23rd to review the BUILD Grant area. COMMISSIONER COMMENTS  Commissioner Wilson asked about the COVID vaccine distribution. Mayor Bray stated that he was a participant in a working group to ensure that Paducah gets enough vaccines. MAYOR COMMENTS  The State has guaranteed Lourdes and Baptist a weekly allotment of 500 vaccines.  The Health Department’s allotment will be divided between the five counties it serves in Western Kentucky. The Mayor offered the assistance of City employees to make appointments for people who have registered with the Health Department.  He was pleased with the excellent interaction during the Strategic Planning Session. February 9, 2021 ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Gault, to adjourn the meeting of the Paducah Board of Commissioners. Adopted on call of the roll yeas, Commissioners Gault, Guess, Wilson and Mayor Bray (4). Commissioner Henderson was unable to respond due to technical difficulties. Meeting ended at approximately 6:25 p.m. ADOPTED: February 23, 2021 ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk February 23, 2021 Minute File: 1. Notice of Regular Meeting of the Board of Commissioners – February 9, 2021 2. Notice of Special Called Meeting of the Board of Commissioners – February 5 & 6, 2021 3. Letter to Jacob L. Brown, Dunlap GP – 401 Walter Jetton Blvd. Contract File: 1. Memorandum of Agreement – Tax Increment Financing Project – ORD 2019-04-8569 2. Interlocal Agreement regarding a Kentucky Division of Waste Management Hazardous Household Waste Gran Award – MO #2371 3. Interlocal Agreement For Acceptance and Administration of Edward Byrne Justice Assistance Grant (JAG) Award – MO #2380 4. Short Form Agreement between City of Paducah and HDR Engineering – Permitting for Dredging Project – ORD 2021-01-8670 5. Short Form Agreement between City of Paducah and HDR Engineering – Flap Gate Replacement Project – ORD 2021-01-8671 6. Reimbursement Agreement – City of Paducah and Paducah-McCracken County JSA – Video Inspection of All Gravity Drains Traversing the Paducah Local Flood Protection Project – ORD 2021-01-8672 Financials File: 1. Midtown Alliance of Neighbors, Inc. – Year Ended December 31, 2019 Bids File: 1. Surplus Property Bid – 2028 Clay Street – bid of Maria Angelique Korte - $522.08 CITY OF PADUCAH February 23, 2021 Upon the recommendation of the City Manager's Office, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. Michelle Smolen City Manager's Office Signature 2/18/2021 Date CITY OF PADUCAH PERSONNEL ACTIONS NEW HIRES - FULL-TIME (F/T) INFORMATION TECHNOLOGY POSITION RATE NCS/CS FLSA EFFECTIVE DATE Powell, Kaitlyn Network Administrator $23.50/hr NCS Ex February 25, 2021 PARKS & RECREATION POSITION RATE NCS/CS FLSA EFFECTIVE DATE Sticks, David Laborer - Parks Maintenance $15.22/hr NCS Non-Ex March 11, 2021 POLICE - OPERATIONS POSITION RATE NCS/CS FLSA EFFECTIVE DATE Sutterfield, Julia D. Police Recruit Officer / Patrolman $23.55/hr NCS Non-Ex March 25, 2021 Bumpus, Jeremi L. Police Recruit Officer / Patrolman $23.55/hr NCS Non-Ex March 25, 2021 NEW HIRES - PART-TIME (P/T) ENGINEERING POSITION RATE NCS/CS FLSA EFFECTIVE DATE Adams, David J. Temp Pump Operator $10.00/hr NCS Non-Ex February 25, 2021 Barrett, Cary J. Temp Pump Operator $10.00/hr NCS Non-Ex February 25, 2021 Johnson, Michael L. Temp Pump Operator $10.00/hr NCS Non-Ex February 25, 2021 Screws, Justin D. Temp Pump Operator $10.00/hr NCS Non-Ex February 25, 2021 PARKS & RECREATION Atkins, Rebecca Recreation Leader $11.00/hr NCS Non-Ex February 25, 2021 PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION FIRE - SUPPRESSION AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Dalbey, Caleb Lieutenant/ EMT Captain / EMT NCS Non-Ex January 28, 2021 $18.75/hr $20.62/hr Blackwell, Jacob Acting Lieutenant/ EMT Lieutenant/ EMT NCS Non-Ex January 28, 2021 $17.85/hr $17.85/hr PARKS & RECREATION Wade, Edward ROW - Streets Laborer - Parks Maintenance NCS Non-Ex March 11, 2021 $17.91/hr $17.91/hr February 23, 2021 Agenda Action Form Paducah City Commission Meeting Date: February 23, 2021 Short Title: Application and Acceptance of the FY 2022 Highway Safety Grant - B LAIRD Category: Municipal Order Staff Work By: Ty Wilson, Joseph Hayes Presentation By: Brian Laird Background Information: The Kentucky Transportation Cabinet’s Highway Safety has a competitive, discretionary grant program for reimbursement of overtime work involved with traffic safety and for equipment for officers. The program covers several categories of overtime projects (impaired driving, occupant protection, police traffic services and other traffic safety problems areas) that include DUI arrests, speeding citations, seat belt citations, and child restraint citations. Also, due to the number of fatal crashes occurring during nighttime hours across the Commonwealth, and specifically lower nighttime seat belt usage throughout the state, successful applicants will dedicate a minimum of 50% of overtime work to nighttime enforcement. The PPD has been a successful applicant to this program for several years and is currently implementing this program from the most recent funding cycle. No match is required. PPD is requesting approval to apply for $24,032.58 in grant funds for overtime pay for officers, associated fuel costs, and equipment. Upon successful award, PPD will be reimbursed for overtime hours associated with saturation patrols, including fuel costs, and potentially for radar guns. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct the Mayor to execute all required grant application documents and upon a successful award, authorize and direct the Mayor to execute all required grant acceptance documents. Attachments: 1.MO - FY2022 Highway Safety Grant MUNICIPAL ORDER NO. _________ A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A FY2022 HIGHWAY SAFETY GRANT THROUGH THE KENTUCKY TRANSPORTATION CABINET FOR OVERTIME PAY FOR OFFICERS AND ASSOCIATED FUEL COSTS FOR THE POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the submission of an application in the amount of $24,032.58 for a FY2022 Highway Safety Grant through the Kentucky Transportation Cabinet for overtime pay for officers, associated fuel costs, and equipment. No local match is required. SECTION 2. That the City of Paducah hereby accepts the FY2022 Highway Safety Grant in the sum awarded through the Kentucky Transportation Cabinet for payment of overtime pay for officers and associated fuel costs, and authorizes the Mayor to execute all documents related to same. SECTION 3. This order will be in full force and effect from and after the date of its adoption. ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, _____________________ Recorded by Lindsay Parish, City Clerk, ______________________ mo\grants\app & award – FY2022 Highway Safety Grant – overtime and fuel charges Agenda Action Form Paducah City Commission Meeting Date: February 23, 2021 Short Title: Application for the FY2020 Fire Prevention and Safety Grant in the amount of $12,000 - S KYLE Category: Municipal Order Staff Work By: Ty Wilson, April Tinsman, Greg Cherry Presentation By: Steve Kyle Background Information: The Department of Homeland Security, Federal Emergency Management Agency (FEMA) offers the Fire Prevention and Safety Grant (FP&S) allowing departments to reach a higher level of safety in relation to fire and fire-related hazards in order to mitigate incidences. The Paducah Fire Department proposes to submit a grant application to the Department of Homeland Security, Federal Emergency Management Agency (FEMA) for the FY2020 Fire Prevention and Safety Program. The Department wishes to purchase a Bullseyes Fire Extinguisher Training System which will allow the department to teach members of the community such as employees of businesses, restaurants, hospitals, hotels, schools, assisted living facilities the proper use of a fire extinguisher, should they need to use one, in a safe controlled environment. This training system can be used indoors or outdoors and will no longer require the use of live fire props. The estimated cost of the project is $12,596. There is a 5% match requirement, so the department will be requesting $12,000. 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 application documents. Attachments: 1.MO App Fire Prevention and Safety FEMA 2-21 MUNICIPAL ORDER NO. _________ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, FOR A FIRE PREVENTION AND SAFETY MATCHING GRANT IN AN AMOUNT OF $12,000 FOR THE PADUCAH FIRE DEPARTMENT. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a grant application and all documents necessary through the Department of Homeland Security, Federal Emergency Management Agency, for a Fire Prevention and Safety matching grant for the Fire Department in the amount of $12,000 for the purchase a Fire Extinguisher Training System. A 5% local cash match in the amount of $596 will be provided through the Fire Department’s budget. SECTION 2. That City staff is hereby authorized to submit the grant application authorized in section 1 above to the Department of Homeland Security, Federal Emergency Management Agency through the FEMA Grant Portal. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. ____________________________________ George Bray, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 23, 2021 Recorded by Lindsay Parish, City Clerk, February 23, 2021 \mo\grants\app fire prevention and safety FEMA 02-2021 Agenda Action Form Paducah City Commission Meeting Date: February 23, 2021 Short Title: Approve Tyler Technologies Contract Amendment for Energov & Munis - M SMOLEN Category: Municipal Order Staff Work By: Michelle Smolen Presentation By: Michelle Smolen Background Information: The City's Enterprise Resource Planning (ERP) project scope includes the implementation of Energov codes and permitting modules. The implementation of Energov started in January of 2020 and the internal golive is scheduled in March of 2021. This contract amendment is essentially re- allocating budget between line items. The amendment removes the $5,100 from the forms library (permits and letters) and adds $2,100 for 1.5 Energov implementation days as well as $2,800 for customer contact information conversions. The amendment also reallocates 2 Munis implementation days to 2 Energov implementation days. This contract amendment reduces the Tyler contract amount by $200. Energov will provide an enhanced codes and permitting experience for our community. Thanks to the hard work of the Fire Prevention, Engineering, Planning, Administration and IT project team, the internal software will be functioning at the beginning of March. The project team is working with the Communications Manager to notify the public of new internal software. The project team is also dedicated to providing online services to the public. The public facing online permitting features will be rolled out over this calendar year and will have a robust communication plan. The software will be demonstrated for the Board of Commissioners at a future meeting. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): CI -11: Continue to develop a dynamic, interactive, resource-rich website, online services and social media presence. Funds Available:Account Name: ERP Software Project Account Number: EQ0022 Staff Recommendation: Approve the Tyler Technologies Contract Amendment Attachments: 1.MO contract-software-amendment-tyler 2-2021 MUNICIPAL ORDER NO. _________ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH TYLER TECHNOLOGIES FOR THE LICENSE OF SOFTWARE AND THE PROCUREMENT OF RELATED PRODUCTS AND SERVICES WHEREAS, by Ordinance No. 2016-6-8373, the City and Tyler Technologies, Inc. executed a contract for Tyler to provide software and related products and services that will accommodate the City’s data processing needs; and WHEREAS, Ordinance No. 2018-6-8534 amended the contract to include 18 post implementation days from the initial RFP response to be shared across all six phases; and WHEREAS, Municipal Order No. 2142 amended the contract to allow for the $23,000 designated for conversions and forms to be used instead for 18 additional implementation days at a cost of $22,950; and WHEREAS, Municipal Order No. 2284 to amended the agreement with Tyler Technologies to remove certain services and to add services related to the implementation of Energov software; and WHEREAS, Municipal Order No. 2333 amended the agreement with Tyler Technologies to convert Codes & Permitting business process consulting costs to implementation days for the Energov implementation, remove the Property Tax Enhancement for tax bill installments and converting the budget to an additional property tax form and travel expenses, and change the Statement of Work dates for property tax, payroll & HR and work orders; and WHEREAS, Municipal Order No. 2352 amended the agreement with Tyler Technologies to allocate funds from the travel line to the custom programming related to property tax billing forms; and WHEREAS, the City of Paducah now desires to amend the agreement with Tyler Technologies to remove $5,100 from the forms library, add $2,100 for 1.5 Energov implementation days, add $2,800 for customer contact information conversions, reallocate 2 Munis implementation days to 2 Energov implementation days, and reduce the Tyler contract amount by $200. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City Commission hereby approves an amendment to the contract with Tyler Technologies, Inc. in order to remove $5,100 from the forms library, add $2,100 for 1.5 Energov implementation days, add $2,800 for customer contact information conversions, reallocate 2 Munis implementation days to 2 Energov implementation days, and reduce the Tyler contract amount by $200. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute the “Amendment” in behalf of the City. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. ____________________________________ George Bray, Mayor ATTEST: __________________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, ______________________ Recorded by Lindsay Parish, City Clerk, _______________________ \ord\contract-software-amendment-tyler 2-2021 Agenda Action Form Paducah City Commission Meeting Date: February 23, 2021 Short Title: Accept Donation of Property - 540 Locust Drive - S KYLE Category: Municipal Order Staff Work By: Greg Cherry Presentation By: Greg Cherry Background Information: Presley Ray Darnell would like to donate this property to the City of Paducah. This will benefit the City to receive this property versus foreclosure expenses. This property will be turned over to Planning for future re-developemtn. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize Mayor George Bray to sign the deed transferring 540 Locust Drive to the City of Paducah. Attachments: 1.MO 540 Locust Drive MUNICIPAL ORDER NO. _________ A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 540 LOCUST DRIVE TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONSIDERATION CERTIFICATE IN THE DEED OF CONVEYANCE FOR SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby accepts the donation of real property located at 540 Locust Drive owned by Presley Ray Darnell. SECTION 2. The Mayor is hereby authorized to execute a Consideration Certificate in the Deed of Conveyance between Presley Ray Darnell, and the City of Paducah to transfer the real property to the City. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ George Bray, Mayor ATTEST: ___________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 23, 2021 Recorded by Lindsay Parish, City Clerk, February 23, 2021 \mo\prop donated – 540 Locust Drive Agenda Action Form Paducah City Commission Meeting Date: February 23, 2021 Short Title: Accept Donation of Property - 1246 South 6th Street - S KYLE Category: Municipal Order Staff Work By: Greg Cherry Presentation By: Greg Cherry Background Information: The property owners Jeanie Embry and Kathy Hayes would like to donate this property to the City of Paducah. An emergency demolition was done on this property due to structure fire located at 1246 S. 6th Street. The house burned on 12-08-2020 and the demolition was done 12-09-2020. This will benefit the City to receive this property versus foreclosure expenses. This property will be turned over to Planning for future re-development. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize Mayor George Bray to sign the deed transferring 1246 South 6th Street to the City of Paducah. Attachments: 1.MO 1246 South 6th MUNICIPAL ORDER NO. _________ A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 1246 SOUTH 6TH STREET TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONSIDERATION CERTIFICATE IN THE DEED OF CONVEYANCE FOR SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby accepts the donation of real property located at 1246 South 6th Street owned by Jeanie Embry and Kathy Hayes. SECTION 2. The Mayor is hereby authorized to execute a Consideration Certificate in the Deed of Conveyance between Jeanie Embry and Kathy Hayes, and the City of Paducah to transfer the real property to the City. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ George Bray, Mayor ATTEST: ___________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 23, 2021 Recorded by Lindsay Parish, City Clerk, February 23, 2021 \mo\prop donated – 1246 South Sixth Street Agenda Action Form Paducah City Commission Meeting Date: February 23, 2021 Short Title: Application for a Staffing for Adequate Fire and Emergency Response (SAFER) Grant in an amount of $835,754.13 - S KYLE Category: Municipal Order Staff Work By: Ty Wilson, Matt Tinsley Presentation By: Steve Kyle Background Information: The FY 2020 Staffing for Adequate Fire and Emergency Response (SAFER) grant program is one of three grant programs that comprise FEMA's focus on enhancing the safety of the public and firefighters with respect to fire and fire-related hazards. The SAFER program provides funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. The Paducah Fire Department desires to apply for this grant and to use the funding to hire 3 new firefighters in the amount of $835,754.13. With enhanced staffing levels, we should experience a reduction in response times and an increase in the number of trained personnel assembled at the incident scene. The grant covers the salary of firefighters for a 36 month period. COLA increases are not covered by the grant. That amount will be budgeted for by the Fire Department. The amount to be made up by the Fire Department in years 2 and 3 will be approximately $19,943.04 total. No match will be required for this match. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct the Mayor to execute all required grant application documents. Attachments: 1.MO SAFER Grant App MUNICIPAL ORDER ___________ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO APPLY FOR AN FY2020 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT FUNDED THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) IN THE AMOUNT OF $835,754.13 FOR THE HIRING OF THREE FIREFIGHTERS BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1: The Mayor is hereby authorized to execute all documents necessary to apply for an FY2020 Staffing for Adequate Fire and Emergency Response (SAFER) Grant funded through the Federal Emergency Management Agency (FEMA) in the amount of $835,754.13 for the hiring of three firefighters. The grant will provide for the cost of employment for a 36-month period. COLA increases are not covered by the grant and will be budgeted for by the Fire Department. No local or in-kind match is required. SECTION 2: This Order will be in full force and effect from and after the date of its adoption. _______________________________ George Bray, Mayor ATTEST: ________________________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 23, 2021 Recorded by Lindsay Parish, City Clerk, February 23, 2021 \mo\grants\ APP - SAFER Grant – Fire FY2020 Agenda Action Form Paducah City Commission Meeting Date: February 23, 2021 Short Title: MAP~GIS ESRI License 3-year Renewal $210,000 - S CHINO Category: Municipal Order Staff Work By: Stephen Chino Presentation By: Stephen Chino Background Information: In 1999, the McCracken and Paducah Geographic Information System (MAP~GIS) was formed in order that the member agencies could coordinate their efforts in the development and maintenance of a computer mapping system for McCracken County. The partnership between McCracken County, the City of Paducah, Paducah Water, Paducah Power, E911, and the Joint Sewer Agency continues this strong development partnership by continuing an agreement with the computer mapping GIS software vendor ESRI. This contract allows the MAP~GIS member agencies to pool together its software licenses and leverage funds previously paid in maintenance to ESRI, which has resulted in an annual savings of over $100,000 per year between the six agencies. The contract allows each agency to obtain virtually unlimited licensed copies of most all software offered by ESRI. In doing so, each MAP~GIS member agency has available the full potential of the ESRI GIS computer mapping software unlocking many new opportunities for development of each of the members’ systems. This contract will continue the agreement among the consortium agencies for another three year contract period from January 1, 2021 through December 31, 2023. The Multi-Jurisdictional License Agreement is a 3 year agreement at $70,000 per year ($210,000 total). The City will be the administrator of the licenses and the contract and the consortium members are named as additional licensed entities. Through the Interlocal Agreement, each member agency will be billed a percentage of the total $70,000 based on the current amount of licenses they hold and online accounts that their respective agency uses. The City’s portion for each Fiscal Year 2021, 2022, and 2023 will be $17,052.00. The remaining $52,948.00 will be paid from the MAP~GIS project account for the participating consortium members. 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: Computer Software Maintenance MAP~GIS Project Account Account Number: 1000-05-0501-GG-00000-00000-522020 GIS001-000-20000-20016 Staff Recommendation: Adopt a Municipal Order authorizing the execution of a contract between the City of Paducah and the members of the MAP~GIS Consortium for the acquisition and administration of a Multi- Jurisdictional Enterprise License Agreement with ESRI and authorizing the Mayor to execute documents relating to the ELA. Attachments: 1.MO ESRI Agreement 2.Paducah EA Renewal Quote Extended Q-406165-20210112-1539 3.InterlocalAgreementSigned MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER AUTHORIZING A CONTRACT BETWEEN ESRI AND THE CITY OF PADUCAH, ON BEHALF OF THE MEMBERS OF THE MAP~GIS CONSORTIUM, FOR A MULTI-JURISDICTIONAL ENTERPRISE LICENSE AGREEMENT WHEREAS, McCracken County, the City of Paducah, Paducah Water, Paducah Power, E911, and the Joint Sewer Agency formed a consortium named MAP~GIS through an Interlocal Agreement in order to coordinate their efforts in the development and maintenance of a computer mapping system for McCracken County; and WHEREAS, in 2011, the City, on behalf of the consortium, entered into an agreement with ESRI, a computer mapping GIS software vendor, for a Multi-Jurisdictional Enterprise License; and WHEREAS, in 2014, the contract was executed for another 3-year period, beginning in January 1, 2015 and ending December 31, 2017; and WHEREAS, in 2017, the contract was executed for another 3-year period beginning January 1, 2018 and ending December 31, 2020; and WHEREAS, MAP~GIS wishes to continue services with ESRI for another 3 years. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a contract with ESRI for the acquisition and administration of a Multi-Jurisdictional Enterprise License Agreement with the City on behalf of the members of the MAP~GIS Consortium, in an amount not to exceed $70,000, per year, for a total of $210,000 for a three (3) year agreement. The contract will become effective January 1, 2021 and end December 31, 2023. SECTION 2. Through the Interlocal Agreement, each member agency will be billed a percentage of the total $70,000 based on the current amount of licenses held and the online accounts that their respective agency uses. The City’s portion for each Fiscal Year 2021, 2022, and 2023 will be $17,052.00. The remaining $52,948.00 per fiscal year will be paid from the MAP~GIS project account for the participating consortium members. SECTION 3. Funds for this expenditure shall be charged to the following accounts: Computer Software Maintenance Account Number: 1000-05-0501-GG-00000-00000-522020 Account Name: MAP~GIS Project Account Account Number: GIS001-000-20000-20016 SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ George Bray, Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, ______________________ Recorded by Lindsay Parish, City Clerk, _______________________ \mo\agree ESRI 2021-2023 Quotation # Q-406165 Date: January 12, 2021 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 228267 Contract # ENTERPRISE AGREEMENT McCracken & Paducah Geographic Information System Map GIS 300 S 5th St Paducah, KY 42003 To expedite your order, please attach a copy of ATTENTION:Stephen Chino this quotation to your purchase order. PHONE:(270) 444-8622 x2017 Quote is valid from: 9/30/2020 To: 3/29/2021 EMAIL:schino@paducahky.gov Material Qty Term Unit Price Total 168179 1 Year 1 $66,000.00 $66,000.00 Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 168179 1 Year 2 $66,000.00 $66,000.00 Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 168179 1 Year 3 $66,000.00 $66,000.00 Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement For questions contact: John Borisenko Email: jborisenko@esri.com Phone: 909.369.8530 x8530 BORISENKOJ This offer is limited to the terms and conditions incorporated and attached herein. Quotation # Q-406165 Date: January 12, 2021 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 228267 Contract # ENTERPRISE AGREEMENT McCracken & Paducah Geographic Information System Map GIS 300 S 5th St Paducah, KY 42003 To expedite your order, please attach a copy of ATTENTION:Stephen Chino this quotation to your purchase order. PHONE:(270) 444-8622 x2017 Quote is valid from: 9/30/2020 To: 3/29/2021 EMAIL:schino@paducahky.gov Subtotal:$198,000.00 Sales Tax:$0.00 Estimated Shipping and Handling (2 Day Delivery):$0.00 Contract Price Adjust:$0.00 Total:$198,000.00 *Thank you for your interest in the products and services offered by Esri. I have provided a quotation per your request. Please review the attached "Terms and Conditions" guidelines prior to submitting your order. To place an order for the items referenced in this quote, please follow the instructions provided below: PURCHASE ORDER: Send your digital, faxed, or original signed purchase order to Esri Customer Service for processing. Faxes may be sent toll-free to (909) 307-3083. CREDIT CARD: If you would like to purchase the items on the quotation via credit card, please call (800) 447-9778 and reference this quotation. CHECK/MONEY ORDER: Please mail a copy of your quotation and payment to Esri, P.O. Box 741076, Los Angeles, CA 90074-1076. If you have any questions regarding this quotation, please feel free to contact me. You will find my contact information at the bottom of the page. If you have questions following placement of your order such as order confirmation, ship date, etc., please contact Customer Service toll free at (888) 377-4575. The following items are optional items listed for your convenience. These items are not included in the totals of this quotation. Material Qty Unit Price Total 161877 1 $50,350.00 $50,350.00 For questions contact: John Borisenko Email: jborisenko@esri.com Phone: 909.369.8530 x8530 BORISENKOJ This offer is limited to the terms and conditions incorporated and attached herein. Quotation # Q-406165 Date: January 12, 2021 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 228267 Contract # ENTERPRISE AGREEMENT McCracken & Paducah Geographic Information System Map GIS 300 S 5th St Paducah, KY 42003 To expedite your order, please attach a copy of ATTENTION:Stephen Chino this quotation to your purchase order. PHONE:(270) 444-8622 x2017 Quote is valid from: 9/30/2020 To: 3/29/2021 EMAIL:schino@paducahky.gov Material Qty Unit Price Total Small Government and Local Utility EA Esri Enterprise Advantage Program (EEAP): 50 Technical Advisor Hours/ 50 Learning and Services Credits - Annual subscription designed to provide enterprise-wide visioning and geospatial enablement through technical advisory, an annual planning meeting, a collaboratively developed technical work plan, and access to exclusive quarterly technology webcasts. The program also provides access to a combination of consulting, premium support, and training services. This configuration includes a one day annual planning session; up to 50 Technical Advisor hours; Quarterly Technology Webcasts and 50 Learning and Services Credits. The Esri Advantage Program terms and conditions shall apply. If not attached, or already incorporated into an existing and current Esri master contract, these terms and conditions can be viewed on the web at https://www.esri.com/en-us/legal/terms/services. 161877 1 $50,350.00 $50,350.00 Small Government and Local Utility EA Esri Enterprise Advantage Program (EEAP): 50 Technical Advisor Hours/ 50 Learning and Services Credits - Annual subscription designed to provide enterprise-wide visioning and geospatial enablement through technical advisory, an annual planning meeting, a collaboratively developed technical work plan, and access to exclusive quarterly technology webcasts. The program also provides access to a combination of consulting, premium support, and training services. This configuration includes a one day annual planning session; up to 50 Technical Advisor hours; Quarterly Technology Webcasts and 50 Learning and Services Credits. The Esri Advantage Program terms and conditions shall apply. If not attached, or already incorporated into an existing and current Esri master contract, these terms and conditions can be viewed on the web at https://www.esri.com/en-us/legal/terms/services. 161877 1 $50,350.00 $50,350.00 Small Government and Local Utility EA Esri Enterprise Advantage Program (EEAP): 50 Technical Advisor Hours/ 50 Learning and Services Credits - Annual subscription designed to provide enterprise-wide visioning and geospatial enablement through technical advisory, an annual planning meeting, a collaboratively developed technical work plan, and access to exclusive quarterly technology webcasts. The program also provides access to a combination of consulting, premium support, and training services. This configuration includes a one day annual planning session; up to 50 Technical Advisor hours; Quarterly Technology Webcasts and 50 Learning and Services Credits. The Esri Advantage Program terms and conditions shall apply. If not attached, For questions contact: John Borisenko Email: jborisenko@esri.com Phone: 909.369.8530 x8530 BORISENKOJ This offer is limited to the terms and conditions incorporated and attached herein. Quotation # Q-406165 Date: January 12, 2021 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 228267 Contract # ENTERPRISE AGREEMENT McCracken & Paducah Geographic Information System Map GIS 300 S 5th St Paducah, KY 42003 To expedite your order, please attach a copy of ATTENTION:Stephen Chino this quotation to your purchase order. PHONE:(270) 444-8622 x2017 Quote is valid from: 9/30/2020 To: 3/29/2021 EMAIL:schino@paducahky.gov Material Qty Unit Price Total or already incorporated into an existing and current Esri master contract, these terms and conditions can be viewed on the web at https://www.esri.com/en-us/legal/terms/services. 168441 1 $5,500.00 $5,500.00 ArcGIS GeoEvent Server Populations of 50,001 to 100,000 Small Government Term Enterprise Agreement 168441 1 $5,500.00 $5,500.00 ArcGIS GeoEvent Server Populations of 50,001 to 100,000 Small Government Term Enterprise Agreement 168441 1 $5,500.00 $5,500.00 ArcGIS GeoEvent Server Populations of 50,001 to 100,000 Small Government Term Enterprise Agreement For questions contact: John Borisenko Email: jborisenko@esri.com Phone: 909.369.8530 x8530 BORISENKOJ This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Page 1 of 6 September 25, 2020 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-3) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 250 ArcGIS Online Viewers 250 ArcGIS Online Creators 37,500 ArcGIS Online Service Credits 250 ArcGIS Enterprise Creators 5 ArcGIS Insights in ArcGIS Enterprise 5 ArcGIS Insights in ArcGIS Online 50 ArcGIS Tracker for ArcGIS Enterprise 50 ArcGIS Tracker for ArcGIS Online 4 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 4 ArcGIS Utility Network User Type Extensions (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee Page 2 of 6 September 25, 2020 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): Page 3 of 6 September 25, 2020 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- Page 4 of 6 September 25, 2020 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other- resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer’s organization. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to Page 5 of 6 September 25, 2020 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past-due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due Page 6 of 6 September 25, 2020 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Agenda Action Form Paducah City Commission Meeting Date: February 23, 2021 Short Title: Bid Award for 2021-2022 Concrete Program - R MURPHY Category: Ordinance Staff Work By: Brandy Topper-Curtiss Presentation By: Rick Murphy Background Information: On December 15, 2020, bids were opened and read aloud for the City of Paducah’s 2021-2022 Concrete Program. This program consists of the completion of concrete work within the City such as sidewalks, curb & gutter, concrete entrances and storm inlets. Two bids were received, with Harper Construction, LLC, submitting the lowest evaluated bid. The concrete unit prices, along with excavation hourly rates will begin upon execution of the contract and end December 31, 2022. The contract has a one-year renewal option, ending December 31, 2023, upon the mutual agreement of both parties. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): I-6: Design and construct pedestrian safety improvements-crosswalks, sidewalks, flashing lights, etc. Funds Available:Account Name: MAP Program Account Number: 23002217 Staff Recommendation: To receive and file the bids submitted for the 2021-2022 Concrete Program and adopt an Ordinance authorizing the Mayor to enter into a contract with Harper Construction, LLC, for the concrete unit prices and excavation hourly rates listed on the attached bid tab for the 2021 and 2022 calendar years ending December 31, 2022; and to authorize the Mayor, subsequent to the recommendation of the City Engineer, the option to execute a “One-Year Renewal Agreement” extending the contract time period for the 2023 calendar year ending December 31, 2023, upon the mutual agreement of both parties. Attachments: 1.ORD - Concrete program 2021-2022 2.2021-2022 Concrete Agreement 3.Bid Tab for 2021-2022 Concrete Program 4.Paducah Sun Ad Placement ORDINANCE NO. 2021-02-____________ AN ORDINANCE ACCEPTING THE BID OF HARPER CONSTRUCTION LLC, FOR THE CITY OF PADUCAH’S 2021-2022 CONCRETE PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of Harper Construction, LLC, for the calendar years 2021 and 2022 concrete program, with the option of a one-year extension, said bid being in substantial compliance with the bid specifications, and as contained in the bid of Harper Construction, LLC, of December 15, 2020, for the following unit prices and hourly rates: Concrete Removal and Replacement Unit Prices ITEM NO DESCRIPTION UNIT UNIT BID PRICE 1 Curb & Gutter (Remove & Construct) L.F. $ 23.00 2 Curb & Gutter (Adjacent to Roadside Edge) L.F. 17.50 3 Curb & Gutter (New Construction) L.F. 14.99 4 Concrete Sidewalk (Remove & Construct) S.Y. 37.00 5 Concrete Sidewalk (New Construction) S.Y. 30.00 6 Concrete Handicap Ramp S.Y. 65.00 7 Concrete Entrance Pavement − 6” (Residential) S.Y. 58.00 8 Concrete Entrance Pavement – 8” (Commercial) S.Y. 64.00 9 Concrete Entrance Pavement − 6” M-Mix S.Y. 65.00 10 Concrete Entrance Pavement − 8” M-Mix S.Y. 71.00 11 Granite Curb Reset with new Concrete Gutter L.F. 30.00 12 Gutter Replacement – Granite/Concrete Curb in Place L.F. 20.00 13 Concrete Header Curb – 12” L.F. 14.00 14 Concrete Header Curb – 18” L.F. 15.00 15 Non-Reinforced Concrete 8” S.Y. 52.00 16 Inlet Repair (Existing) Each 600.00 17 Reinforced Concrete New Construction –Class A C.Y. 700.00 18 Deep Saw Cut L.F. 3.00 19 Perforated Pipe – 4” L.F. 5.00 Excavation Rates: ITEM NO DESCRIPTION UNIT HOURLY RATE 1 Trackhoe HR $100.00 2 Backhoe HR 80.00 3 Compactor/Roller HR 70.00 4 Dump Truck HR 90.00 5 Backhoe with Breaker HR 90.00 6 Small Dozer HR 90.00 7 Laborer HR 35.00 SECTION 2. The Mayor is hereby authorized to execute a contract with Harper Construction, LLC, for concrete work at the unit prices and hourly rates as accepted in Section 1 above, according to the specifications, bid proposal and contract documents heretofore approved and incorporated in the bid of December 15, 2020. SECTION 3. The contract shall be binding upon the City and the Contractor, his partners, successors, assigns and legal representatives for 2021-2022 calendar years ending December 31, 2022. Neither the City nor the Contractor shall have the right to assign, transfer, or sublet their interests or obligations hereunder without consent of the other party. Further, the Mayor is hereby authorized, subsequent to the recommendation of the City Engineer-Public Works Director, to execute an additional One-Year Renewal Agreement extending the contract period for the 2023 calendar year ending December 31, 2023, upon the mutual agreement of both parties. If agreed, this renewal option shall be exercised by both parties executing and delivering the written One-Year Renewal Agreement. The City reserves the right to have concrete work completed at the quoted prices until the parties have executed the One-Year Renewal Agreement. However, in no case shall the Seller be bound to sell the contract material at these prices past December 31, 2022. SECTION 4. Expenditures for the City’s concrete program shall be charged to the MAP Program Account No. 2300 2217. SECTION 5. 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, February 9, 2021 Adopted by the Board of Commissioners, __________________ Recorded by Lindsay Parish, City Clerk, _________________________ Published by The Paducah Sun, ___________________ \ord\eng\concrete program 2021-2022 00500 AGREEMENT Page 1 of 3 CITY OF PADUCAH, KENTUCKY ENGINEERING DEPARTMENT AGREEMENT FOR THE 2021-2022 CONCRETE PROGRAM THIS AGREEMENT, made this day of February, 2021 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and HARPER CONSTRUCTION, LLC, hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services necessary for the 2021-2022 CONCRETE PROGRAM. All Work shall be in accordance with this Agreement, Specifications and any Addendum(s) issued. Throughout the performance of this Contract, the Engineering-Public Works Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah. All work done by the Contractor shall be completed under the general supervision of the Engineer. ARTICLE 2. CONTRACT TIME This Contract shall be binding upon the City and the Contractor, his partners, successors, assigns, and legal representatives for remaining portion of the 2021 calendar year and the 2022 calendar year ending December 31, 2022. Neither the City nor the Contractor shall have the right to assign, transfer, or sublet their interests or obligations hereunder without consent of the other party. The term of the contract may be renewable for an additional one-year term, ending December 31, 2023, upon the mutual agreement of both parties. The City Engineer, acting as agent for the Owner, shall determine, in his sole discretion, the option to renewal. If agreed, this renewal option will be exercised by both parties executing and delivering the written One-Year Renewal Agreement. The City reserves the right to have said contract work completed at the quoted prices until the One-Year Renewal Agreement has been executed by the parties. However, in no case shall the Contractor be bound to complete the work at these prices past December 31, 2022. ARTICLE 3. THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract at the rates listed below for Concrete Removal and Replacement Work and Excavation Work as quoted in the Bid Proposal by the Contractor dated December 15th, 2020, which shall constitute full compensation for the work and services authorized herein. Contract prices are firm and will not be altered during the contract period. The Contractor agrees that no minimum amount of purchase shall be required. Bid prices shall begin upon the execution of this Agreement. Bid prices are firm and will not be altered during the contract period. The Bidder agrees that no minimum amount of purchase shall be required. Bids shall include sales tax and all other applicable taxes and fees. 00500 AGREEMENT Page 2 of 3 Concrete Removal and Replacement Unit Prices ITEM NO DESCRIPTION UNIT UNIT BID PRICE 1 Curb & Gutter (Remove & Construct)L.F.$23.00 2 Curb & Gutter (Adjacent to Roadside Edge)L.F.$17.50 3 Curb & Gutter (New Construction) L.F.$14.99 4 Concrete Sidewalk (Remove & Construct)S.Y.$37.00 5 Concrete Sidewalk (New Construction)S.Y.$30.00 6 Concrete Handicap Ramp S.Y.$65.00 7 Concrete Entrance Pavement  6” (Residential)S.Y.$58.00 8 Concrete Entrance Pavement – 8” (Commercial)S.Y.$64.00 9 Concrete Entrance Pavement  6” M-Mix S.Y.$65.00 10 Concrete Entrance Pavement  8” M-Mix S.Y.$71.00 11 Granite Curb Reset with new Concrete Gutter L.F.$30.00 12 Gutter Replacement – Granite/Concrete Curb in Place L.F.$20.00 13 Concrete Header Curb – 12” L.F.$14.00 14 Concrete Header Curb – 18”L.F.$15.00 15 Non-Reinforced Concrete 8”S.Y.$52.00 16 Inlet Repair (Existing)Each $600.00 17 Reinforced Concrete New Construction –Class A C.Y.$700.00 18 Deep Saw Cut L.F.$3.00 19 Perforated Pipe – 4”L.F.$5.00 Excavation Rates: ITEM NO DESCRIPTION UNIT HOURLY RATE 1 Trackhoe HR $100.00 2 Backhoe HR $80.00 3 Compactor/Roller HR $70.00 4 Dump Truck HR $90.00 5 Backhoe with Breaker HR $90.00 6 Small Dozer HR $90.00 7 Laborer HR $35.00 00500 AGREEMENT Page 3 of 3 ARTICLE 4. PROGRESS PAYMENTS The Contractor may submit each month, and no more than once a month, a Request for Payment for Work completed in accordance with the Specifications. The Owner will make partial payments on or about thirty, (30) days after submission of a properly completed invoice and approval of the completed work. At the Engineer’s discretion, a ten percent (10%) retainage may be held until final completion and acceptance of the work. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due sixty, (60) days after substantial completion of the work, provided the work will then be fully completed and the Contract fully performed in accordance with the specifications. 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. CONTRACTOR CITY OF PADUCAH, KENTUCKY BY ____________________________ BY ____________________________ George Bray, Mayor ADDRESS: ADDRESS: 616 Northview St Post Office Box 2267 Paducah, KY 42001 Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: February 23, 2021 Short Title: Approve an Agreement with Commonwealth Economics for Professional Services related to the Tax Increment Financing District - J ARNDT Category: Ordinance Staff Work By: Katie Axt Presentation By: James Arndt Background Information: Since 2016, the City of Paducah has been working with Commonwealth Economics (CE) to research, analyze, and develop a TIF district. To that end, the City has successfully established a TIF district that has been given preliminary approval by the Kentucky Economic Development Finance Authority (KEDFA) with CE assistance. KEDFA is expected to grant Final Approval in February. As the City prepares for final approval by KEDFA and setting up the administration of the TIF accounts and reports, the consulting and compliance services of CE are sought. CE has unique qualifications and experience in this area. They frequently advise local governments on Tax Increment Financing and have been engaged for its consulting and compliance services in Lexington, Louisville, Owensboro, Bowling Green, and a number of other cities across the Commonwealth. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): E-3 Promote occupancy in all downtown buildings E-4 Continue developing the riverfront from the Carson Center to the Convention Center E-5 Maintain all of our commercial corridors I-1 Connect main commercial corridors by bike paths and/or bike lanes I-9 Downsize the City’s ownership in real estate N-2 Encourage, incentivize, and/or support more housing options throughout the City N-5 Evaluate, plan, partner, and create pedestrian access to parks from residential areas Funds Available:Account Name: TIF/Opportunity Zone Account Number: DT0044 Staff Recommendation: Approve Attachments: 1.ORD - TIF Consultant Commonwealth Economics 2-2021 2.Paducah_TIF Consulting Proposal_Updated 2021_Revised ORDINANCE 2021-_____-________ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH COMMONWEALTH ECONOMICS PARTNERS, LLC FOR CONSULTING SERVICES RELATED TO THE TAX INCREMENT FINANCING (TIF) PROGRAM FOR THE PADUCAH RIVERFRONT DEVELOPMENT PROJECT WHEREAS, in June of 2018 the Board of Commissioners approved Municipal Order No. 2111 authorizing a professional services agreement with Commonwealth Economics in an amount not to exceed $78,000 for consulting services related to the Tax Increment Financing Program; and WHEREAS, in December of 2019 the Board of Commissioners approved Ordinance No. 2019-12-8607 authorizing a professional services agreement with Commonwealth Economics in an amount of $43,824.80 plus direct expenses in an amount not to exceed $4,000 for consulting services related to the Tax Increment Financing (TIF) Program; and WHEREAS, the City Manager executed a contract with Commonwealth in August 2020, authorizing professional services in an amount not to exceed $30,000 for consultant services related to finalizing the TIF Program; and WHEREAS, the City of Paducah is now preparing for the final approval by the Kentucky Economic Development Finance Authority of the Tax Increment Financing Program; and WHEREAS, it is now necessary to update the contract with Commonwealth Economics for additional consulting services; and WHEREAS, a written determination has been made by the City Manager that this constitutes a professional services purchase and will be a noncompetitive negotiation purchase, pursuant to KRS 45A.380(3). NOW, THEREFORE, BE IT ORDAINED BY BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a professional services agreement with Commonwealth Economics Partners, LLC, for the Tax Increment Financing (TIF) Program in substantially the form attached hereto and made part hereof (Exhibit A). This agreement supersedes and replaces the previous agreements with Commonwealth Economics. SECTION 2. This expenditure shall be charged to the TIF/Opportunity Zone Project No. DT0044. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ George Bray, Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, ____________________________ Adopted by the Board of Commissioners, ______________________________ Recorded Lindsay Parish, City Clerk, __________________________________ Published by The Paducah Sun, _________________________ \ord\plan\TIF Consultant Commonwealth Economics 2-2021 EXHIBIT A Paducah Downtown Riverfront Redevelopment Mixed-Use TIF Project Consulting Services Submitted To: City of Paducah Submitted By: Commonwealth Economics Partners, LLC February 2021 Page | 2 Dear Mayor Bray: Commonwealth Economics Partners, LLC (“Commonwealth Economics” or “CE”) is pleased to provide the City of Paducah (“City” or “Paducah”) with a proposal for consulting services regarding its Downtown Riverfront Mixed-Use Tax Increment Financing (“TIF”) Project (“Project”). CE frequently advises local governments throughout the TIF approval process and provides comprehensive guidance related to TIF compliance for approximately 15 different development projects, taking a lead role throughout the reimbursement process toward recovery of over $1 billion in awarded incentives. Commonwealth Economics is a registered Municipal Advisor with the Securities and Exchange Commission (“SEC”) and the Municipal Securities Rulemaking Board (“MSRB”). I. PROPOSED SERVICES Commonwealth Economics agrees to provide the following consulting services: A. State TIF Approval Process Services: Commonwealth Economics will continue to assist the Project team throughout the required meetings and discussions with the Cabinet for Economic Development (“CED”), Kentucky Economic Development Finance Authority (“KEDFA”), and the state’s third- party TIF consultant regarding the economic and fi scal impacts of the Project, and will continue to work with Project team members to negotiate and finalize the TIF incentive agreement with KEDFA. B. TIF Compliance Services: Commonwealth Economics will use reasonable efforts to assist the City and Project team members with ongoing guidance, support, training, and representation during the term of the contract. Our services will be targeted to the tasks which are critical for the Project to remain in compliance with the TIF agreements in place with KEDFA. These services include: • Working with the City and state agencies to accurately set the tax baseline for the TIF Project. Getting the tax baseline set accurately from the beginning is a vital step, as the state Department of Revenue (“DOR”) and KEDFA will not amend their tax baseline once annual Page | 3 increment payments have begun. Commonwealth Economics will take the lead role and assist the City and Project team members, including: ✓ Documenting the businesses operating within the footprint during the baseline year and obtaining and compiling TIF business questionnaires from such businesses. These questionnaires are required by the state DOR as a condition of the Tax Incentive Agreement (“TIA”) with KEDFA . ✓ Developing an internal estimate of the tax baseline based on the information collected and other available information. ✓ Completing and submit the required Old Revenues form, with related TIF questionnaires and tax estimates for each business , to KEDFA and working with them and DOR to ensure their list of businesses included in the baseline calculation match the City’s, and that the state tax baseline calculated by DOR is reasonable based on the internal estimate. ✓ CE will serve as a point of contact with DOR throughout the process, or as the City requests. • Working with the City and Project construction managers to accurately report the capital investment related to the Project. Semi- Annual reporting of the capital investment is required by KEDFA through minimum capital investment and then once annually until the completion of the Project and is subject to an independent audit at up to three different milestones . The amount available for reimbursement to the Project will be dependent upon the extent to which the required investment threshold is met. This process entails: ✓ Working with construction contractors to educate them on the information required and establishing a periodic submission schedule. ✓ Collecting and compiling detailed capital investment (including public infrastructure) information at periodic intervals from the Project’s construction manager(s). Page | 4 ✓ Completing and submitting the required capital investment form the Project to KEDFA by January 30th and July 31st each year as may be required until the Project is completed . ✓ Working with the City to answer questions during the independent CPA audits of the Project’s capital investment and public infrastructure reporting. • Working with the City and Project cons truction managers to collect and compile wage withholdings on construction workers within the footprint, as may be applicable. Once the Project’s TIF has been activated, the wage withholdings on construction workers are eligible to be recovered as part of the annual increment. This process entails: ✓ Working with construction contractors to educate them on the information required and establishing a periodic submission schedule. ✓ Obtaining and compiling TIF business questionnaires from each contractor and sub -contractor working on the Project within the footprint. ✓ Collecting and compiling periodic payroll reports or other detailed payroll information containing wage withholding information. ✓ Incorporating collected information into the annual request for increment reimbursement. • Working with the City to compile, review, and complete the annual Request for Disbursement. This process entails: ✓ Documenting the businesses operating within the footprint during the applicable calendar year. ✓ Obtaining and compiling TIF business questionnaires from new businesses operating within the footprint (for which TIF questionnaires have not previously been received). ✓ Developing an internal estimate of the tax revenues for the applicable year based on the information collected and other available information. Page | 5 ✓ Completing and submitting the required Request for Disbursement form to KEDFA and DOR by April 30th of the following year. ✓ Working with DOR to ensure their list of businesses included in the annual increment calculation matches the City’s, and the increment calculation by DOR is reasonable based on the internal estimate. ✓ CE will serve as a point of contact with DOR throughout the process, or as the City requests. • CE will also provide instructional training and advice to City staff assigned to work on TIF related matters throughout each of these processes. CE recommends that each of the processes discussed above be completed as a joint effort between CE and City staff to use each as a hands-on training opportunity for City staff during the term of this contract. C. TIF Project Scope Analysis: CE will be available to work with the City to review any changes to the Project scope or Project timing that represents a significant deviation from the Application and discuss how such changes might impact the Project’s qualifications . This analysis and discussion would be limited to such evaluation that would not but utilized to determine funding of certain components or estimation of tax revenues that would be used to support any debt instruments. The advice provided under this section would be limited to general TIF Proje ct advice and would not be deemed to be advice that would be considered financial advisory practices. Any such advice would need to be qualified under a separate contract pursuant to a specific issuance of debt or evaluation of the same. Page | 6 II. FEES AND COMPENSATION Compensation payable to Commonwealth Economics for all services rendered pursuant to this Agreement shall be as follows: A. Section I (A): Any unpaid balance for services provided under the previous agreement executed on August 25, 2020 and made effective from July 1, 2020 through February 1, 2021 will be due upon execution of this Agreement. A flat fee of $4,000.00 per month will be billed and due each month for services described under Section I (A). Section I (B) and (C): Following final approval at completion of Section I(A), a flat fee of $1,750.00 per month will be billed and due each month until such time as the portion of the Project known as the “City Block” phase begins construction. At that time, the flat fee will increase to $3,500.00 per month, which will be billed and due each month for services described under Sections I (B) and (C). B. Commonwealth Economics will provide a travel allowance of two trips per year to Paducah, KY which may be needed in order to conduct perioding canvassing of the Development Area or meet with and present to City officials as may be necessary. CE is also willing to convene via phone or other means of electronic communication with City officials and area businesses as may be required. C. Payment shall be due within 15 days pursuant to an invoice presented upon reaching project milestones or monthly as expenses may occur, and such invoice shall indicate a description of any out of pocket and third-party expenses incurred over the prior month. III. DURATION A. This Agreement shall be considered a professional service contract, which shall commence on February 1, 2021, and shall continue until notified of cancellation by either party, as provided in the following section. B. Either party may terminate this Agreement by submitting at least thirty (30) days written notice to the non-terminating party of such intent to terminate. In the event of termination, payment for services rendered up to and Page | 7 including the date of termination shall be based upon the work completed at the rates and conditions identified in this Agreement. C. Upon notice of intent to terminate, Commonwealth Economics shall immediately discontinue performance of the service to the extent specified in the notice. D. Execution of this Agreement shall constitute written notice to proceed. IV. EMPLOYER/EMPLOYEE RELATIONSHIP It is expressly understood that this Agreement creates NO employer/employee relationship, nor does it cause Commonwealth Economics to be an officer or official of the City. Commonwealth Economics shall at all times be acting as an independent contractor in all matters related to this Agreemen t and shall have no authority to act as agent of the City and shall not hold itself out as such. By executing this Agreement, the parties hereto certify that its performance will not constitute or establish a violation of any statutory or common law princi ple pertaining to conflict of interest, nor will it cause the unlawful benefit or gain to be derived by either party. V. CONFIDENTIALITY Any reports, information, data, etc., provided to, prepared, or assembled by Commonwealth Economics shall be kept confide ntial and shall not be made available by Commonwealth Economics to any individual or organization without the prior written approval of the City. All documents, including but not limited to; studies, surveys, reports, date notes, computer files, and files and other documents prepared, developed, or discovered in connection with providing any services under this Agreement, shall become the property of the City. The provisions of this section shall survive any termination of this Agreement. VI. LIMITATIONS & DISCLAIMER It is expressly acknowledged that Commonwealth Economics cannot guarantee the performance or success of any proposed project, bond issue, loan, grant , or the ability to obtain funding from any source. Furthermore, Commonwealth Economics cannot guarantee the availability of funds or a specified rate of return on any investment; the market value of any security; the future value of any investment or real property; the performance of any investment manager, advisor, municipal Page | 8 advisor, custodial firm or any other third -party consultant. The services provided by Commonwealth Economics are based upon certain projections, judgments, and assumptions, in certain cases provided by third parties, for which Commonwealth Economics cannot guarantee. Circumstances may occur over the life of the contract and Project that are counter to the assumptions, projections, and judgments and may affect the realized value from the Project. Further, projections made and used are for multi-year periods; the results for individual years may vary significantly from forecasted values , and there is no assurance that the actual impacts and revenues received will be sufficient to justify the proposed Project or to repay any obligations. The parties acknowledge that Commonwealth Economics is not acting as a Municipal Advisor as defined by Section 15B of the Securities and Exchange Commission Act of 1934 to the City of Paducah or McCracken County. Additionally, Commonwealth Economics is not providing advice or a recommendation with respect to any municipal financial product or the issuance of municipal securities, including with respect to the structure, timing, terms, and other simil ar matters concerning such financial products or issues to the City of Paducah or McCracken County. The parties further acknowledge that Commonwealth Economics has not agreed with the City or County, in this Agreement or any other agreement, verbal or written, to offer or sell any security, act as an underwriter, placement agent, broker - dealer or market-maker in any security. The compensation paid to Commonwealth Economics herein is not, and shall not be construed as, compensation for the offer or sale of any security or for the purpose of underwriting, making a market or acting as a broker-dealer or placement agent in any security, or the submission of an application to make a market in any security. ********************************** Page | 9 If this proposal meets your approval, please indicate by signing in the appropriate space below. Should you have any questions, please feel free to contact me at (859) 246-3060. Sincerely, John R. Farris Client Signature:______________________________________ Title:_____________________________________ Date:_____________________________________ CE Signature:______________________________________ Title:_____________________________________ Date:_____________________________________ Page | 10 Commonwealth Economics Partners, LLC John R. Farris John Farris founded Commonwealth Economics in 2007 and is President and Managing Partner of the company. He served as an economist at the Center for Economics Research at the Research Triangle Institute, as well as a senior economics consultant with both the World Bank and the International Finance Corporation. From 2006 to 2007, Mr. Farris served as Secretary of the Finance and Administration Cabinet for the Commonwealth of Kentucky. Mr. Farris currently serves on the Board of Directors of Green Brick Partners (NASDAQ: GRBK) and Kentucky Technology Inc. Mr. Farris received a full-tuition fellowship to study economics and finance at the Woodrow Wilson School at Princeton Univers ity, where he was awarded a Master’s Degree. Before attending Princeton, Mr. Farris studied economics and philosophy at Centre College, from which he graduated Phi Beta Kappa. Mr. Farris holds the FINRA/MSRB Series 50 and 54 designations as Commonwealth Ec onomics Principal Municipal Advisor. F. Thomas Howard F. Thomas (Tom) Howard joined Commonwealth Economics in 2013 as a Partner. He retired from the Commonwealth of Kentucky’s Office of Financial Management (“OFM”) in the Finance and Administration Cabine t where he served as the Executive Director since 2005 and previously as the Deputy Executive Director. In that capacity he oversaw the Commonwealth’s $12 billion investment and appropriation-supported debt programs. Mr. Howard has a background in banking and investment management. Before joining the Commonwealth in 1989 as a portfolio manager, Mr. Howard held various positions with First Security Bank & Trust Company and Eclipse Capital Management, Inc. In addition, Mr. Howard served three years as a publi c member and issuer representative of the Municipal Securities Rulemaking Board, which regulates the activities of banks and broker-dealers under the direction of the Securities and Exchange Commission. He is also a past chair of the State Debt Management Network, an affiliate of the National Association of State Treasurers. Page | 11 During his tenure, Mr. Howard assisted the Commonwealth’s legal team with the Department of Revenue v. Davis Case, which worked its way through the state court system before being heard by the United States Supreme Court. The question before the court was for providing an income tax exemption for interest on bonds issued by the state, while denying the exemption to interest on bonds issued by other states. The Supreme Court ultimately ruled in favor of the Commonwealth. Additionally, Mr. Howard was very active in planning and financing many of the state’s highest profile projects, such as the Louisville Yum Center Project, the Louisville Southern Indiana Ohio River Bridges Project, the Un iversity of Kentucky Hospital, Louisville Metro Center City (Omni) Project, the new Lexington Convention Center and Rupp Arena renovations, the University of Kentucky Winslow Public Private Partnership and most recently funding of the settlement agreement for the Kentucky Communication Network Authority and the Kentucky Wired broadband project. Mr. Howard received his Bachelor’s of Business Administration with a concentration in finance from the University of Kentucky and holds the FINRA/MSRB Series 50 and 54 designations as Commonwealth Economics Principal Municipal Advisor. Brett L. Antle, CPA Brett Antle is a Partner at Commonwealth Economics. Mr. Antle has over 25 years of experience in financial consulting, government finance and accounting. Since joining Commonwealth Economics in 2013, Mr. Antle has provided quantitative and financial analysis on several types of projects, including sports arenas, infrastructure, and a variety of mixed-use commercial developments. Before retiring from the Commonwealth of Kentucky’s Finance and Administration Cabinet in 2012, Mr. Antle served in various roles within the Office of State Controller where he managed the implementation of several financial, reporting and eCommerce systems. He served the last several year s of his career with the Commonwealth as the Deputy Executive Director of the Office of Financial Management where he managed the Commonwealth’s appropriation-supported debt program and participated in the structuring and issuance of several billion dollars of taxable and tax -exempt bonds. Mr. Antle has also worked as an independent consultant on a number of financial system implementations. Page | 12 Mr. Antle received his Bachelor of Science degree in Accounting from the University of Kentucky. Mr. Antle is a licen sed Certified Public Accountant in Kentucky and holds the FINRA/MSRB Series 50 Municipal Advisor designation. Casey R. Bolton Casey Bolton is a Partner at Commonwealth Economics. Mr. Bolton has specialized in various forms of economic analysis, including managing a number of feasibility analyses and economic and fiscal impact studies since joining CE in 2009. Mr. Bolton has conducted feasibility analyses and impact studies for a wide variety of businesses and development projects and has guided several of them through the approval process towards receiving millions of dollars in funding. Mr. Bolton has experience in dealing with various forms of economic incentive programs at both the State and Federal level, especially Tax Increment Financing, and has been involved in the analysis and structuring of a variety of public -private partnership project delivery models throughout the region. Mr. Bolton also has experience working with early stage companies to develop business plans, scenario -based financial models, pitch books, and offering documents in order to raise capital. Mr. Bolton received his Bachelor of Science degree in Financial Economics with a minor in Political Economy from Centre College in Danville, Kentucky and holds the FINRA/MSRB Series 50 Municipal Advisor designation. Austin M. Arnold Austin Arnold is a Senior Associate at Commonwealth Economics. Mr. Arnold has experience helping projects in the early stages of development assess market feasibility, identify possible tax incentive programs, and quantify the economic and fiscal impacts of their project. Mr. Arnold has also worked on multiple incentive program applications across multiple states that have received successful approval for millions of dollars in funding. Additionally, M r. Arnold has been involved in a number of specialized reports for private and public clients in need of unique solutions for complex projects. Before joining Commonwealth Economics, Mr. Arnold served the Centre College Athletic Administration where he ass isted the implementation of a new financial Page | 13 database. Additionally, Mr. Arnold has experience analyzing quantitative and financial data in his role as a Financial Counselor for 21st Mortgage Corporation. Mr. Arnold received his Bachelor of Science degree i n Economics and Finance from Centre College in Danville, Kentucky. Haddon V. Alford Haddon Alford joined Commonwealth Economics in 2019 as an Associate. Mr. Alford is responsible for assisting projects with compliance with Local, State and Federal level economic incentive programs. Mr. Alford also provides various support to projects with regard to their analysis and structured debt financing. Before joining Commonwealth Economics, Mr. Alford worked briefly in congressional politics and, prior to that, assisted in product and financial feasibility analysis in the steel manufacturing industry. Mr. Alford earned a Bachelor of Science degree in Finance and a Bachelor of Science degree in Marketing from the Darla Moore School of Business at the University of South Carolina with a minor in Political Science. Agenda Action Form Paducah City Commission Meeting Date: February 23, 2021 Short Title: Ordinance Amending Chapter 50, Article III. “Stormwater Conveyance And Management” of the Code of Ordinances of The City Of Paducah, Kentucky – R MURPHY Category: Ordinance Staff Work By: Rick Murphy, John Lyons, Strand, Stephanie Glossner, Strand, Melanie Townsend Presentation By: Rick Murphy Background Information: Kentucky Division of Water (KDOW) issues the National Pollutant Discharge Elimination System (NPDES) permits per the Clean Water Act (CWA) that authorizes the discharge of stormwater runoff into waters of the State. The Phase II Final Rule of the Clean Water Act requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census- defined “urbanized area” (UA). Paducah is located within a Census-defined “urbanized area” and is subject to the CWA. Permittees must develop a program to reduce the discharge of pollutants to the “Maximum Extent Practicable” (MEP), protect water quality, and to satisfy the requirements of the CWA. The minimum program requirements include the following minimum control measures (MCM): MCM #1 – Public Education and Outreach MCM #2 – Public Involvement/ Participation MCM #3 – Illicit Discharge Detection / Elimination MCM #4 – Construction Site Runoff Control MCM #5 – Post-Construction Runoff Control MCM #6 – Pollution Prevention and Good Housekeeping In January 2020, KDOW reviewed each required component of the City’s MS4 Program. Results of the Inspection included: • Three (3) Out of Compliance-Violations Observed (to be resolved by March 12, 2021) • Four (4) Impending Violation Trends Observed (to be resolved by April 30, 2023) In order to satisfy one of the compliance violations, a stormwater runoff quality treatment standard by ordinance or other regulatory mechanism must be enacted and submit to KDOW. The current Ordinance requires modification to satisfy the program requirements in association with MCM #5. Strand and Associates has assisted the City in preparing an amendment to the current ordinance in order to fulfill the requirements. 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 text amendments within Ordinance attached. Attachments: 1.ORD Stormwater Conveyance and Management 1 149900 CITY OF PADUCAH ORDINANCE NO._____________ AN ORDINANCE AMENDING CHAPTER 50, ARTICLE III. “STORMWATER CONVEYANCE AND MANAGEMENT” OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, this Ordinance amends Chapter 50, Article III “Stormwater Conveyance and Management,” of the Code of Ordinances of the City of Paducah, Kentucky; and WHEREAS, this Ordinance is being enacted pursuant to mandates imposed by the Federal Clean Water Act (33 U.S.C. §1251 et seq. as may be amended) (“CWA”), the National Pollution Discharge Elimination System (33 U.S.C. §1342 as may be amended) (“NPDES”), and the Kentucky Pollutant Discharge Elimination System (401 KAR 5:050 to 401 KAR 5:080 as may be amended) in particular those parts that require local governments to comply with water pollution control requirements. NOW THEREFORE be it ordained by the City Commission of the City of Paducah as follows: SECTION 1. That Chapter 50, Article III. “Stormwater Conveyance and Management,” is hereby amended and restated to read as follows: ARTICLE III. STORMWATER CONVEYANCE, MANAGEMENT, AND QUALITY Sec. 50-151. Purpose and scope of article. Proper stormwater management and good water quality are vital in promoting the health, safety and general welfare of the public. It is the intent of this article, in an effort to minimize the dangers of flooding to life and property and to protect local water quality and maintain the integrity of stream channels, that certain runoff controls be provided as land areas are developed or redeveloped. The design criteria for stormwater conveyance and water quality control facilities are outlined in this article. Sec. 50-152. Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 80th Percentile Rainfall Event. The rainfall event, based on historical rainfall records, that represents an event that is equal to or greater than 80 percent of the rainfall events that would be expected to occur in a typical year. Based on an analysis of precipitation records from 1971 to 2011, it has been determined that for the City of Paducah, this event produces a surface depth runoff of 0.7 inches. Best Management Practices or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the Commonwealth. BMPs also include treatment requirements, operating procedures, and practices to control stormwater runoff. City plan review staff. The City Engineer and/or other designated officials. Controlled release structure. A facility constructed to regulate the volume of stormwater runoff that is conveyed during a specific length of time. Conveyance structures. Water-carrying devices or improvements such as channels, ditches, storm sewers, culverts, inlets, and the like. Detention or retention. Restraining the rate of stormwater runoff with some natural or manmade devices. 2 Developed. Conditions after construction or other manmade change to improved or unimproved land, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. Excess stormwater. The calculated runoff produced under a natural or pre-developed condition versus the calculated runoff produced under an altered or post-developed condition, or that portion of stormwater runoff which exceeds the capacity of the storm sewers or natural drainage channels serving a specific watershed. Green Infrastructure. An adaptable term used to describe an array of products, technologies, and practices that use natural systems – or engineered systems that mimic natural processes – to enhance overall environmental quality and provide utility services. As a general principal, Green Infrastructure techniques use soils and vegetation to infiltrate, evapotranspirate, and/or recycle stormwater runoff. When used as components of a stormwater management system, Green Infrastructure practices such as green roofs, porous pavement, rain gardens, and vegetated swales can produce a variety of environmental benefits. High Quality Waters or HQW. Those “Waters of the Commonwealth” that have been categorized by the Kentucky Division of Water as high quality pursuant to the requirements of 401 KAR 10:030, Section 1(3). Impaired Waters or IW. Those “Waters of the Commonwealth” that have been categorized by the Kentucky Division of Water as impaired for applicable designated uses and have been identified pursuant to 33 U.S.C. 1315 (b) and listed in the most recent 305 (b) report. Impervious surface. [Asphalt, concrete or any other surface which does not allow measurable infiltration of storm water.] Surfaces that prevent or significantly impede the natural infiltration of stormwater into the soil, including but not limited to roofs, sidewalks, walkways, patios, private driveways, parking lots, access extensions, alleys and other paved, engineered, compacted or gravel. Kentucky Pollutant Discharge Elimination System or KPDES. The Kentucky program for issuing, modifying, revoking and reissuing, revoking, monitoring and enforcing permits to discharge, and imposing and enforcing pretreatment requirements. KPDES sMS4 Permit. The general permit issued by the Kentucky Division of Water (KDOW) that authorizes small Municipal Separate Storm Sewer Systems (sMS4) to discharge stormwater runoff from a small Municipal Separate Storm Sewer System (MS4) to the receiving waters of the Commonwealth in accordance with effluent limitations, monitoring requirements, and other conditions set forth in the permit authorizing the MS4 to discharge under the Kentucky Pollutant Discharge Elimination System. Land disturbance activity or Land disturbing activity. Any clearing, grubbing, grading, excavating, filling, or other alteration of the earth's surface where natural or manmade ground cover is destroyed. Land disturbance activity does not include the following: (1) Minor land disturbance activities including, but not limited to, activities specific to underground utility repairs, replacement of existing utilities, home gardens, minor repairs, and maintenance work. (2) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles. (3) Emergency work to protect life, limb, or property and emergency repairs. Larger common plan of development or sale. A contiguous area where multiple separate and distinct construction activities are planned to occur at different times on different schedules under one plan, e.g., a housing development of 5 1/4-acre lots. Municipal Separate Storm Sewer System. A conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains) owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of 3 sewage, industrial water, stormwater, or other wastes, that discharges to waters of the United States: (1) designed or used for collecting or conveying stormwater; (2) which is not a combined sewer; and (3) which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. sMS4 is an acronym for a “small municipal separate storm sewer system. MS4 is an acronym for a “municipal separate storm sewer system.” Natural drainage. Water which flows by gravity in channels formed by the surface topography of the earth prior to changes made by the efforts of humans. National Pollutant Discharge Elimination System or NPDES. The effluent permitting program for point source discharges that is administered by the United States Environmental Protection Agency (USEPA). Off-site. External to the boundary of a development. On-site. Internal to the boundary of a development. Point discharge. Release of stormwater at a specific location. Runoff. Rainfall excess after natural losses from infiltration, evaporation, transportation or incidental poundage. Stormwater. Stormwater runoff, snowmelt runoff, surface runoff and drainage. Stormwater runoff release rate. The rate at which stormwater runoff is released from dominant to servient land. Stormwater storage area. An area designed to temporarily accumulate excess stormwater. Swale. Surface-type conveyance for stormwater, usually designated to carry incidental, localized runoff. TMDL. Is an acronym for “Total Maximum Daily Load”, a federally mandated program for impaired waters of the Commonwealth to determine the maximum assimilative capacity of a water for a specified pollutant and to allocate allowable pollutant loads to sources in the watershed. Waters of the Commonwealth. Means and includes any and all rivers, streams, creeks, lakes, ponds, impounding reservoirs, springs, wells, marshes, and all other bodies of surface or underground water, natural or artificial, situated wholly or partly within or bordering upon the Commonwealth or within its jurisdiction. Waters of the United States. As defined by the Clean Water Act, applies only to surface waters, rivers, lakes, estuaries, coastal waters and wetlands. Not all surface waters are legally “Waters of the United States”. Generally those waters include the following: (1) All interstate waters (2) Intrastate waters used in interstate and/or foreign commerce (3) Tributaries of the above (4) Territorial seas at the cyclical high tide mark, and (5) Wetlands adjacent to all of the above. Water-Quality Control Facilities. The facilities (e.g. grass swales, filter strips, infiltration basins, detention ponds, stormwater wetlands, natural filtration areas, sand filters, and rain gardens, etc.), used to slow runoff, promote infiltration, and reduce sediments and other pollutants in stormwater runoff. Water Quality Runoff Volume (WQv). The storm water volume to be treated through a water quality control facility based on the surface runoff produced by an 80th percentile rainfall event. 4 Sec. 50-153. Stormwater conveyance, management, and water quality facilities required. The requirements in this article shall apply to: (1) All land-disturbing activities and all development or redevelopment activities that disturb an area greater than or equal to one acre. (2) Sites that are smaller than one acre may also be covered by these regulations if they are a part of a larger common plan of development or sale. (3) [Any nonresidential development for which the area paved and under roof is equal to or greater than 10,000 square feet.] Any development or redevelopment project that adds 10,000 square feet or more of impervious surface. (4) At the discretion of the City Engineer this article may apply to any existing nonresidential redevelopment project for which the total impervious area of the property is equal to or greater than 10,000 square feet. These regulations shall apply to land-disturbing activities within the jurisdictional boundaries of the City of Paducah designated by the Kentucky Division of Water for coverage under the KPDES [S]sMS4 permit. Unless included in exemptions listed in section 50-155 or a waiver granted, all development occurring within the City and subject to this article shall provide for properly sized stormwater conveyance facilities capable of controlling peak discharge rates for selected design storms [to] at or less than pre-developed conditions. Additionally all projects, meeting the criteria in items (1) and (2) above, that disturb one or more acres of land including parcels that are part of a larger common plan of development shall provide water quality control facilities that shall contain on- site, or provide off-site, stormwater management facilities capable of managing the storm water runoff quality produced from an 80th percentile rainfall event under post-construction conditions. [The use of other methods of controlling peak discharge rates and pollutant removal, such as bio- retention swales, infiltration ditches, hydrodynamic separators, and created wetlands may be required by the city, in its sole discretion, for new and redevelopment projects that are subject to the land development requirements of this article. Additionally, the city will promote conservation measures such as buffer strips and greenways as acceptable techniques toward the protection and improvement of local waterways.] Sec. 50-154. Stormwater conveyance facilities and water quality control facilities design criteria. The following criteria shall control when designing stormwater conveyance facilities and water quality control facilities: (1) Open channels and roadside ditches. The design storm for the design of open channels and roadside ditches shall be a storm with a recurrence frequency of ten years. The time of concentration for open channel and roadside ditch design should be assumed to be 20 minutes. (2) Storm sewers and inlets. The design storm for the design of storm sewers and inlets shall be the five-year storm. Storm sewers and inlets shall be checked under ten-year storm loading conditions for ponding limits. The ponding limit for streets with curb and gutter shall be an eight- foot spread measured from gutter to driving lane. Spread calculations shall be based upon an intensity of four inches per hour. Pipes should be sized based upon the actual time of concentration. The minimum time of concentration should be assumed to be eight minutes. (3) Entrance pipes and cross drains. The design storm for the design of entrance pipes and cross drains shall be the ten-year storm. The duration of the design storm shall be assumed to be equal to the calculated time of concentration. The minimum time of concentration shall be assumed to be eight minutes. Entrance pipes and cross drains shall be checked under 25-year storm conditions to ensure against overtopping of roadways and flood damage to affected areas. Situations requiring pipes larger than 36 inches shall be designed using the culvert criteria in subsection (4) below. (4) Culverts. The design storm for the calculation of runoff for culvert design shall be the 25-year storm. The duration of the design storm shall be assumed to be equal to the calculated time of concentration. The recommended check storm is the 100-year storm. The maximum headwater under 100-year storm conditions should not be allowed to overtop roads or increase the flooding potential in the affected areas. 5 (5) Erosion control. Plans for stormwater conveyance systems shall include the applicable provisions identified under Article IV, Erosion Prevention and Sediment Control, of this chapter. (6) Water Quality Control Facilities. The design rainfall event for the design of all stormwater quality control facilities shall be the surface depth of runoff produced from an 80th percentile precipitation event. Storm water quality control facilities shall be designed, built, and maintained to treat, filter, flocculate, infiltrate, screen, evapo-transpire, harvest, and reuse stormwater runoff, or otherwise manage the stormwater runoff quality for the 80th percentile precipitation event. Green Infrastructure devices may be used as water quality control facilities if it meets the design criteria. (7) Design certification. Design of all stormwater conveyance and water quality facilities shall be prepared and stamped by a licensed professional engineer (Kentucky registration required). Design methods shall be in accordance with the Kentucky Department of Highways' Manual of Instructions for Drainage Design, latest edition and City of Paducah Design Standards. Sec. 50-155. Stormwater management and water quality control facilities design criteria. As a minimum, the following criteria shall be followed when designing a stormwater management facilities and water quality control facilities: (1) Design storm. Stormwater management facilities shall be designed to retain the difference in the pre-development and post-development ten-year, 24-hour storm event. Stormwater management facilities that discharge to High Quality Waters shall be designed to retain the difference in the pre-development and post-development two-year, 24-hour storm event. (2) Emergency spillways. Emergency spillways shall be designed to pass the 100-year storm. The effect of the 100-year storm must be considered and documented in the design of all stormwater management facilities. (3) Design calculations. Design calculations submitted must include, but are not limited to, the following: a. Contributing drainage area, in acres. Indicate if pre-development and post-development areas differ. b. A breakdown of surface type for pre-development and post-development conditions (such as grassed, paved, roofed, and the like). c. Stage-storage curve for the proposed stormwater management facility. d. Stage-discharge curve for the outlet structure of the proposed stormwater management facility. e. Inflow and outflow hydrographs for pre-development and post-development conditions. f. Emergency spillway design calculations. g. Embankment design criteria as it relates to slope stability and compaction requirements during construction. (4) Gradient. All detention basins having a vegetative cover shall be designed, constructed, and maintained equal to or greater than one percent throughout to the point of discharge. (5) Stormwater management and water quality plan. The final stormwater management and water quality plan for the entire development shall include, but not be limited to, the following: a. All calculations, assumptions and criteria used in the design of the stormwater management facilities and water quality control facilities. b. All plans and profiles of proposed storm sewers and open channels including horizontal and vertical controls, elevations, sizes, slopes and materials. 6 c. Location, dimensions and design details required for the construction of all facilities. d. A description of the operation and maintenance needs for the stormwater management facilities and water quality control facilities. e. All information relative to the design and operation of emergency spillways. f. Project specifications relative to erosion and sedimentation control. g. All deed restrictions, easements and rights-of-way. h. The ownership and maintenance responsibilities for all stormwater management and water quality control facilities during and after development. The identity of the responsible individual, corporation, association or other specific entity and the specific maintenance activities and schedule must be outlined on the plan. i. Storm water management and water quality control facilities shall be designed to minimize water quality impacts and shall attempt to maintain pre-development runoff conditions. j. Storm water quality control facilities shall be designed to effectively treat the required amount of water quality runoff volume for the developed site. (6) Exemptions. Exemptions from the stormwater management requirements contained herein shall be granted to the following: a. Land-disturbing activities on property used for agricultural, horticultural or botanical production of plants and animals useful to man, including but not limited to: forages and sod crops, grains and feed crops, tobacco, cotton and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of these animals; bees; fur animals and aquaculture, except that the construction of a structure used for agricultural purposes of one or more acres, such as broiler houses, machine sheds, repair shops and other major buildings and which require the issuance of a building permit shall require the submittal and approval of a stormwater management plan prior to the start of the land-disturbing activity. b. Land-disturbing activities undertaken on forestland for the production and harvesting of timber and timber products. c. Minor land-disturbing activities such as residential gardens, individual residential or commercial landscaping, minor home repairs, or maintenance work, and construction or maintenance of individual underground utility connections. d. Activities undertaken by local governments or special purpose or public service districts relating to the emergency repair and maintenance of existing facilities and structures. These activities will be carried out using appropriate best management practices to minimize the impact on the environment and surrounding properties. e. Any nonresidential development for which the area paved and under roof is less than 10,000 square feet. f. Waivers may also be granted if, in other cases, the developer can provide sufficient documentation that the proposed development will not result in an adverse impact either upstream or downstream of the proposed site. Waivers shall be granted solely at the discretion of the City Engineer, based upon interpretation of the documentation presented by the developer in conjunction with his or her knowledge of the relationship of the proposed development to the adjacent property. (7) Design certification. Design of all stormwater management and conveyance facilities and water quality control facilities shall be prepared and stamped by a Kentucky licensed professional engineer [(Kentucky registration required)]. 7 (8) Construction certification. Prior to final approval of the development, the licensed professional engineer must submit certification that the stormwater management [and], conveyance facilities and water quality control facilities were constructed in accordance with the approved plan. Final approval shall also provide evidence of the recording of all stormwater conveyance, management, and water quality facilities deed restrictions, easements and rights-of- way. Any request for deviation from the approved plan during construction shall be submitted to the City Engineer in writing for approval. (9) Ownership, operation and maintenance of stormwater control and water quality control facilities. For all developments requiring stormwater control and water quality control facilities, ownership and maintenance responsibilities remain with the property owner/developer. The Declaration of Maintenance Obligations must be signed, notarized, and submitted with the stormwater quality management plan. (10) Additional Treatment And Monitoring May Be Required. The City reserves the right to require for new and redeveloped properties superseding or additional treatment criteria or objectives for specific pollutant(s) as necessary to meet overall storm water quality management program objectives or directives under a watershed improvement or Total Maximum Daily Load (TMDL) program or KPDES/NPDES permit program as administered by the USEPA or Commonwealth of Kentucky. (11) Self Inspection Required. The property owner shall provide self-inspection documentation for water quality control facilities. The City Engineer or his/her designee will periodically inspect water quality control facilities for the purpose of identifying maintenance and structural deficiencies and if required proof of monitoring. If additional treatment and or monitoring is required, the property owner shall be fully responsible for monitoring their storm water management and water quality facilities in accordance with the most recent directives under a watershed improvement or Total Maximum Daily Load Program or KPDES/NPDES permit program as administered by the USEPA or Commonwealth of Kentucky. In the event a deficiency is discovered a Notice of Violation will be issued and shall be enforced under City of Paducah Code of Ordinances Chapter 42 Article II. (12) In Lieu of Fee or Off Site Mitigation Program May Be Established. The City of Paducah Engineering and Public Works may develop a payment-in-lieu program to allow property owners/developers make payment to the City in lieu of constructing storm water quality control facilities. The in lieu of fee funds shall be applied to public storm water projects. Another option is to allow the property owner/developer to provide off site mitigation in the same watershed. Both of these options may be developed by the City of Paducah Engineering and Public Works Department following the permit requirements of the KPDES Permit For Small Municipal Separate Storm Sewer Systems. Sec. 50-156. Issuance of certificate of occupancy. No certificate of occupancy shall be issued for any development which is subject to the regulations of this article unless and until all requirements and criteria of this article are fully complied with. Sec. 50-157. Penalty. Any person, firm, corporation or agency acting as principal, agent, employee or otherwise, who fails to comply with the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than $100.00 per day and not more than $500.00 per day, or by imprisonment for not more than 90 days, or both, for each separate offense. Each day there is a violation of any part of this article shall constitute a separate offense. SECTION 2. SEVERABILITY. 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 3. COMPLIANCE WITH OPEN MEETINGS LAWS. The 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 legal requirements. 8 SECTION 4. CONFLICTS. 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 5. EFFECTIVE DATE. 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, ___________________, 2021 Adopted by the Board of Commissioners, ___________________, 2021 Recorded by City Clerk, ________________, 2021 Published by The Paducah Sun, __________________, 2021 ORD\50-151 Stormwater sMS4 Permit Prepared by Strand Associates, Inc.