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Home My WebLink AboutAgenda Packet 04-11-2023ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PROCLAMATION Child Abuse Prevention Month and Sexual Assault Awareness & Prevention Month PROCLAMATION National Telecommunications Week April 9th — 15th PRESENTATION Duke Award Presentation and Paducah Arts Alliance Introduction of Artist Jaime Romero from Manises, Spain - Mitch Kimball & Rosemarie Steele ADDITIONS/DELETIONS MAYOR'S REMARKS 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 CITY COMMISSION MEETING A. AGENDA FOR APRIL 11, 2023 5:00 PM B. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET C. Appointment of Tim Story to the Civic Beautification Board Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner's desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE PROCLAMATION Child Abuse Prevention Month and Sexual Assault Awareness & Prevention Month PROCLAMATION National Telecommunications Week April 9th — 15th PRESENTATION Duke Award Presentation and Paducah Arts Alliance Introduction of Artist Jaime Romero from Manises, Spain - Mitch Kimball & Rosemarie Steele ADDITIONS/DELETIONS MAYOR'S REMARKS 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 March 28, 2023 Board of Commissioners Meeting B. Receive & File Documents C. Appointment of Tim Story to the Civic Beautification Board D. Appointment of Gayle Kaler to the Paducah Planning Commission E. Personnel Actions F. Approve a Memorandum of Agreement for Incentives for 2631 Holt Road - J. SOMMER G. Authorize the Application for and Acceptance of a KLC Worker's Comp Safety Grant for $3,000 - S. WILCOX H. Approve the Application for an EPA Environmental Justice Government to Government Grant in the amount of $1,000,000 - N. HUTCHISON L Approval of Contract Modification 91 for Decrease of Scope in Construction Contract with Dredge America, Inc for Dredging Project for $1,647.00 - R. MURPHY J. Fleet Maintenance Service Agreement between the City of Paducah Fleet Division and the Salem Fire Department - C. YARBER K. Purchase One (1) SUV for use by the Paducah Fire Department in an amount of $44,354.00 - C. YARBER L. Purchase of Two (2) Pickup Trucks for use by Facilty Division and Parks Department in an amount of $88,000.00 - C. YARBER M. Authorize the Acceptance of a DLG pass-through grant for the P&L Railroad Rockport Bridge Project in an amount of $100,000 - D. JORDAN IL MUNICIPAL ORDERS) A. Approve a Contract with ATA CPA's and Advisors, PLLC for Professional Audit Services for Paducah Power System - Doug Handley B. Approve Paducah Water's Acceptance of a Cleaner Water Program Grant with the Kentucky Infrastructure Authority for the Tank Painting and Mixing Project - J. PETERSEN C. Approve Paducah Water's Acceptance of a Cleaner Water Program Grant with the Kentucky Infrastructure Authority for the Air Stripping Project - J. PETERSEN D. Approve Paducah Water's Acceptance of a Cleaner Water Program Grant with the Kentucky Infrastructure Authority for the Hydraulic Model Update Project in West McCracken County - J. PETERSEN III. ORDINANCE(S) -ADOPTION A. Approve the Agreement between the City of Paducah and the Professional Fire Fighters of Paducah, Local 168, International Association of Fire Fighters - S. WILCOX B. Approve the Agreement between the City of Paducah and the Paducah Police Department Bargaining Unit - S. WILCOX C. Amend Code of Ordinances Chapter 106 Taxation for Efficiency in Payroll Tax Processing - S. MILLAY & J. PERKINS IV. ORDINANCE(S) - INTRODUCTION A. Authorize the Mayor to enter into an Agreement with PCC Sports for the construction of Pickleball Courts at Noble Park in an amount of $701,967.00 - A. CLARK V. DISCUSSION A. I Quarterly Grants Update - H. REASONS VI. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners C. Comments from the Audience VII. EXECUTIVE SESSION B. Approve the Consensual annexation of a portion of 252 Locust Avenue - J. SOMMER V. DISCUSSION A. I Quarterly Grants Update - H. REASONS VI. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners C. Comments from the Audience VII. EXECUTIVE SESSION March 28, 2023 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, March 28, 2023, at 5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor George Bray presided. Upon call of the roll by the City Clerk, Lindsay Parish, the following answered to their names: Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). INVOCATION Commissioner Smith led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. PROCLAMATION Mayor Bray presented a proclamation to Vanessa Dallas, Family & Partnership Services Liaison with Kentucky Organ Donor Affiliates, recognizing April as "National Donate Life" Month. MAYOR'S REMARKS Communication Manager Pam Spencer offered the following summary: Discussion of Terrace Hills Preliminary Subdivision Plat Mayor Bray and the Board discussed the role of the City Commission and the Planning Commission regarding approval of subdivisions. This topic surfaced with the February public hearing and approval of a preliminary subdivision plat by the Planning Commission of a proposed subdivision called Terrace Hills on Pecan Drive. Mayor Bray stated that the Planning Commission has the legal authority to approve a proposed subdivision pursuant to KRS 100.277. In other words, the Planning Commission is acting as an agent of the City Commission in the approval process. There is case law that supports approving a proposed subdivision if it conforms with zoning and subdivision regulations. If a subdivision developer meets the regulations and addresses stormwater and erosion control, the Planning Commission is obligated to approve a preliminary plat. Mayor Bray said that in this situation, the developer performed everything as required in the subdivision process. Convention Center Roof Discussion In response to comments made at last night's McCracken County Fiscal Court meeting regarding the needed repairs to the Convention Center's deteriorated roof, Mayor Bray said the City is researching the use of the transient room tax and how previous repair and improvement projects on the Convention Centers were funded. Mayor Bray also stated it is the City's understanding that the 2% transient room tax for the Convention Center is to support debt for capital improvement projects and that ceasing that practice is a change in direction. City Manager Daron Jordan emphasized that the transient room tax is collected primarily from visitors to the area and that the funds are project dollars, not City or County dollars. Plans are moving forward on addressing the needed repairs to this important City and County asset with an expectation that the Convention Center roof will be replaced this summer. McCracken County Stage Assembly Another topic that was discussed at Monday's McCracken County Fiscal Court meeting involved the County's stage that is used for various special events. The County owns the stage and charges March 28, 2023 organizations a rental fee for its use. In the past, the City has assisted in the assembly of the stage for city -sponsored events. A decision has been made to not use City employees on the County's stage since the City is working to reduce liability and workers' compensation claims and increase internal departmental efficiencies. CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. No items were removed for separate consideration. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. I(A) Ap rove Minutes for the March 10th & 14th 2023, Board of Commissioners Meetings I(B) RECEIVE AND FILE DOCUMENTS: Minute File: 1. Notice of Special Called Meeting of the Board of Commissioners for Friday, March 10, 2023 2. Certificate of Accreditation from Kentucky Main Street Program for Paducah Main Street 3. 2023 Riverboat Schedule Contract File: 1. Opioid Settlement Participation Agreements with Teva, Allergan, CVS, Walgreens and Walmart — MO 92711 2. Telecommunications Franchise Agreement with OpenFiber Kentucky Company, LLC, d/b/a Accelecom — ORD 2023-03-8763 I(C) Personnel Actions I(D) Appointment of Kathy Montgomery to the Civic Beautification Board to replace John Park, who resigned. This term shall expire on July 1, 2027. I(E) MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A CRUMB RUBBER GRANT IN THE AMOUNT OF $48,419 FROM THE KENTUCKY DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR A POURED -IN- PLACE PLAYGROUND SURFACING AT COLEMAN PARK AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2712; BK 12 I(F) A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF CISCO HYPERFLEX VIRTUALIZATION HARDWARE, FROM TRACE 3, LLC, IN AN AMOUNT NOT TO EXCEED $250,000, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME MO #2713; BK 12) Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). March 28, 2023 MUNICIPAL ORDERS SITE SELECTION FOR RELOCATION OF DOG PARKS AND SPORTS COMPLEX UPDATE Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board adopt a Municipal Order entitled, "A MUNICIPAL ORDER APPROVING THE RELOCATION OF THE DOG PARKS IN STUART NELSON PARK TO THE ANNA BAUMER SITE IN NOBLE PARK." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO #2714, BK 12) AUTHORIZE THE MAYOR TO ACCEPT THE BID AND ENTER INTO AN AGREEMENT WITH MIDSTATES CONSTRUCTION IN THE AMOUNT OF $1,557,697 FOR THE ROBERT CHERRY CIVIC CENTER RENOVATION PROJECT Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MIDSTATES CONSTRUCTION, INC. IN THE AMOUNT OF $1,557,697 FOR THE ROBERT CHERRY CIVIC CENTER RENOVATION PROJECT." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO #2715, BK 12) 2023 COMMISSION PRIORITIES Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board adopt a Municipal Order entitled, "A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, ADOPTING THE CITY COMMISSION PRIORITIES FOR THE CALENDAR YEAR 2023." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO #2716, BK 12) ORDINANCE ADOPTIONS APPROVE BUDGET AMENDMENT FOR THE FLEET PLAN BUDGET FY2023 IN AN AMOUNT OF $156,870 Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2022-06-8740, ENTITLED,"AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2022, THROUGH JUNE 30, 2023, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This Ordinance is summarized as follows: Amend the annual budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, as follows: • Transfer $156,870 from Fleet Trust Fund Balance to Account Number 71000210 540050 (Fleet Trust Budget) March 28, 2023 Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-03-8764, BK 36) AMEND THE FY23 CITY BUDGET TO INCREASE REVENUES AND EXPENDITURES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND BY $200,000 Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 2022-06-8740, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2022, THROUGH JUNE 30, 2023, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT." This Ordinance is summarized as follows: That the annual budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, as adopted by Ordinance No. 2022-06-8740, be amended by the following re - appropriations: • Increase revenues and expenditures for the CDBG Fund by $200,000. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-03-8765; BK 36) APPROVE 2023-2024 RESURFACING PROGRAM CONTRACT WITH JIM SMITH CONTRACTING, LLC. Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF JIM SMITH CONTRACTING COMPANY, LLC, FOR THE CITY OF PADUCAH'S 2023-2024 STREET RESURFACING 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 Jim Smith Contracting Company, LLC, for the City of Paducah's calendar years 2023 and 2024 street resurfacing program with the option of a one-year renewal agreement upon the mutual agreement of both parties, said bid being in substantial compliance with the bid specifications and advertisement for bids, and as contained in the bid of Jim Smith Contracting Company, LLC, of February 16, 2023, and authorizes the Mayor to execute a contract for the following prices: RESURFACING ITEM DESCRIPTION UNIT UNIT PRICE 1. Bituminous Surface/Base Ton $103.00 2. Milling Texture Ton $60.00 3. Shoulder Construction Ton $50.00 PAVEMENT MARKINGS ITEM UNIT BID NO DESCRIPTION UNIT PRICE 1 Paint — 4" Line L.F. $0.55 March 28, 2023 2 Paint —12" Stop Lines L.F. $1.20 3 Paint — 24" Stop Lines L.F. $2.10 4 Paint — Straight Arrow Each $50.00 5 Paint - Turn Arrow Each $50.00 6 Paint - Combination Arrow Each $90.00 7 Paint — 8" Crosswalks L.F. $0.75 8 Paint - "School' Each $70.00 9 Paint - RR Crossings Each $230.00 10 Paint — "STOP" Each $70.00 11 Paint — "ONLY" Each $ 70.00 12 Paint — Handicap Symbol Each $70.00 13 Paint — 4" Parking Lot Lines L.F. $0.65 14 Thermo — 4" Line L.F. $1.40 15 Thermo — 12" Stop Lines L.F. $8.00 16 Thermo — 24" Stop Lines L.F. $16.00 17 Thermo — Straight Arrow Each $150.00 18 Thermo - Turn Arrow Each $150.00 19 Thermo — Combination Arrow Each $250.00 20 Thermo — 8" Crosswalks L.F. $5.00 21 Thermo - "School' Each $295.00 22 Thermo - RR Crossings Each $850.00 23 Thermo — "STOP" Each $225.00 24 Thermo — "ONLY" Each $225.00 EQUIPMENT RENTAL ITEM NO DESCRIPTION UNIT HOURLY PRICE 1 Excavator — Small HR $165.00 2 Excavator - Medium HR $195.00 3 Excavator with Mulching Head HR $235.00 4 Skid Steer Loader HR $135.00 5 Dump Truck -Tandem HR $100.00 6 Dump Truck — Tri -axle HR $115.00 March 28, 2023 7 Motor Grader - Medium HR $195.00 8 Dozer- Small HR $175.00 9 Dozer- Medium HR $195.00 10 Laborer HR $83.00 11 Vibratory Roller— Small HR $170.00 12 Vibratory Roller - Medium HR $170.00 Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-03-8766; BK 36) AMEND THE CITY POLICE OFFICERS EDUCATIONAL INCENTIVE PLAN ORDINANCE Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 2, SECTION 2-278 "EDUCATIONAL INCENTIVE PLAN" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This Ordinance is summarized as follows: This Ordinance amends Section 2-278(f) to increase Educational incentive payments as follows: Associates, $75.00 per month; Bachelors, $112.50 per month and Masters, $150.00 per month. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-03-8767; BK 36) ORDINANCE INTRODUCTION APPROVE AGREEMENT BETWEEN THE CITY OF PADUCAH AND PROFESSIONAL FIREFIGHTERS OF PADUCAH, LOCAL 168 (IAFF) Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND PROFESSIONAL FIRE FIGHTERS OF PADUCAH, LOCAL 168, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS." This Ordinance is summarized as follows: This Ordinance authorizes the Mayor to execute an Agreement with the Professional Fire Fighters of Paducah, Local 168, International Association of Fire Fighters. This agreement will become effective July 1, 2023, and expire on June 30, 2026. APPROVE AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH POLICE DEPARTMENT BARGAINING UNIT Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH POLICE DEPARTMENT BARGAINING UNIT." This Ordinance is summarized as follows: That the Mayor is hereby authorized to execute an agreement and other associated documents between the City of Paducah and the Paducah Police Department Bargaining Unit. This Agreement shall be effective from July 1, 2023, to June 30, 2026. March 28, 2023 AMEND CODE OF ORDINANCES CHAPTER 106 TAXATION FOR EFFICIENCY IN PAYROLL TAX PROCESSING Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 106, SECTION 106-180 "DEFINITIONS" AND 106-184 "DEDUCTIONS AND WITHHOLDING OF LICENSE FEES BY EMPLOYER; EMPLOYER TO FILE RETURNS AND PAY LICENSE FEES TO CITY, DUE DATE TO FILE RETURNS AND PAY LICENSE FEES" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY" This Ordinance is summarized as follows: This Ordinance amends Chapter 106 of the Code of Ordinances of the City of Paducah, Sections 106-180 and 106-184 regarding electronic filing requirements for payroll processors. This ordinance amendment will require payroll processors who administer and process the payroll of six (6) or more employers per quarter to submit the returns through an electronic means. PUBLIC COMMENTS Jonathan Gericke commented on litter and trash pickup. EXECUTIVE SESSION Commissioner Guess offered motion, seconded by Commissioner Henderson, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topics: ➢ Issues which might lead to the appointment, dismissal or disciplining of an employee, as permitted by KRS 61.810(1)(f) Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray (5) RECONVENE IN OPEN SESSION Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Paducah Board of Commissioners reconvene in open session. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray (5) ADJOURN Commissioner Wilson offered Motion, seconded by Commissioner Smith that the meeting be adjourned. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson and Mayor Bray (5) TIME ADJOURNED: 7:33 p.m. ADOPTED: April 11, 2023 March 28, 2023 George P. Bray, Mayor ATTEST: Lindsay R. Parish, City Clerk April 11, 2023 RECEIVE AND FILE DOCUMENTS: Minute File: 1. Notice To Proceed with Construction — City Block — MO 92688 nppd F>>p 1. Deed in Lieu of Foreclosure — Elder to City of Paducah — 1401 Old Mayfield Road — MO #2706 Contract File: 1. FY2023 Grant In Aid Contracts a. Contract For Services — Housing Authority of Paducah — CM signed b. Contract For Services — Market House Theatre — CM signed c. Contract For Services — National Quilt Museum — CM signed d. Contract For Services — Paducah Alliance of Neighbors — MO 92611 e. Contract For Services — Paducah Art House Alliance (d/b/a Maiden Alley Cinema — CM signed f. Contract For Services — Paducah Arts Alliance (PAA) — CM signed g. Contract For Services — Paducah -McCracken County Habitat For Humanity — CM Signed h. Contract For Services — Paducah Symphony Orchestra — CM signed i. Contract For Services — River Heritage Museum (River Discovery Center) — CM signed j. Contract For Services — Uppertown Heritage Foundation (Hotel Metropolitan) — CM signed k. Contract For Services — Yeiser Art Center — CM signed 2. Midstates Construction Co., Inc. — Robert Cherry Civic Center Renovation — MO 92715 Financials File: 1. Edwin J. Paxton Golf Court — Independent Auditor's Report for the year ended December 31, 2022 and Financial Statements 2022 CITY OF PADUCAH April 11, 2023 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. MCCkel.l.e SV tLoLen City Manager's Office Signature 4/6/2023 Date CITY OF PADUCAH PERSONNEL ACTIONS April 11, 2023 NEW HIRES - FULL-TIME (FIT PUBLIC WORKS POSITION RATE NCS/CS FLSA EFFECTIVE DATE Wallace, Joshua ROW Maintenance $19.29/hr NCS Non -Ex April 20, 2023 PAYROLL ADJUSTMENTSITRANSFERSIPROMOTIONSITEMPORARY ASSIGNMENTS (FULL-TIME) PREVIOUS POSITION CURRENT POSITION E911 AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Fauver, Colby G. Telecom municator Telecommunicator NCS Non -Ex February 9, 2023 $18.46/hr $18.65/hr McDonald, MacKenzie L. Telecom municator Telecommunicator NCS Non -Ex January 26, 2023 $18.46/hr $18.83/hr Sallee, Michael Ryan Telecom municator Telecommunicator NCS Non -Ex March 23, 2023 $18.02/hr $18.47/hr ENGINEERING Guebert, Gregory E. Assistant City Engineer Assistant City Engineer NCS Ex December 1, 2022 $43.15/hr $44.01/hr Nuckolls, Amy D. Senior Administrative Assistant Senior Administrative Assistant NCS Non -Ex December 1, 2022 $24.38/hr $24.87hr Riley, Keith G. Floodwall Superintendent Floodwall Superintendent NCS Ex December 1, 2022 $35.26/hr $36.32/hr Shelby, Shane E. Engineering Technician Engineering Technician NCS Ex December 1, 2022 $26.92/hr $27.73/hr Topper -Curtis, Brandy L. Engineering Technician III Engineering Technician III NCS Ex December 1, 2022 $39.61/hr $40.80/hr Townsend, Melanie P. Engineering Project Manager Engineering Project Manager NCS Ex December 1, 2022 $34.18/hr $35.21/hr PARKS & RECREATION Askew, LaMira A. Administrative Assistant Administrative Assistant NCS Non -Ex February 9, 2023 $18.64 $19.01 PUBLIC WORKS Hilton, James E. ROW Maintenance Equipment Operator NCS Non -Ex April 6, 2023 $21.43/hr $23.15/hr Saxton, John W. Solid Waste Supervisor Solid Waste Superintendent NCS Ex April 6, 2023 $28.06/hr $32.27/hr Young, Kurt M. Compost Supervisor Solid Waste Supervisor NCS Ex April 6, 2023 $24.72/hr $27.19/hr Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Approve a Memorandum of Agreement for Incentives for 2631 Holt Road - J. SOMMER Category: Municipal Order Staff Work By: Josh Sommer Presentation By: Josh Sommer Background Information: Dr. Daniel Jones requested consensual annexation for 2631 Holt Road. This MO is to enact his incentives, being City of Paducah property taxes rebated for five years and one year garbage pick-up for his property at 2670 New Holt Road. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Community Growth Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: 1. MO - Annexation incentives — 2631 Holt Road 2. City Annex 2631 Holt Rd final MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING A MEMORANDUM OF AGREEMENT WITH DR. DANIEL JONES FOR CERTAIN INCENTIVES AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME WHEREAS, the City of Paducah's economic well-being is related to and in many respects dependent upon, sustained growth of its population and tax revenue base through annexation of contiguous territories; and WHEREAS, the Board of Commissioners adopted Ordinance No. 2022-01-8719 on January 11, 2022 to provide for annexation incentives to be offered by the City of Paducah; and WHEREAS, said incentives include a property tax rebate incentive, sanitation incentive, and closing cost incentive; and WHEREAS, the Board of Commissioners approved Ordinance No. 2023-03-8762 to approve the consensual annexation of 2631 Holt Road at the request of Dr. Daniel Jones; and WHEREAS, Dr. Daniel Jones wishes to take part in the incentives offered by the City of Paducah. KENTUCKY: NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City of Paducah hereby approves and authorizes a Memorandum of Agreement with Dr. Daniel Jones in substantially the form attached hereto and made part hereof (Exhibit A) in accordance with the City of Paducah Annexation Incentives Ordinance No. 2022-01-8719. SECTION 2. That the Mayor is hereby authorized to execute said Memorandum of Agreement approved in Section 1 above. 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, April 11, 2023 Recorded by Lindsay Parish, City Clerk April 11, 2023 \mo\Annexation incentives — 2631 Holt Road Exhibit A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT made and entered into this 11th day of April, 2023, by and between the City of Paducah, Kentucky, 300 South 5t" Street Paducah, KY 42003, (hereafter referred to as "City"), and Go Big Blue Properties LLC, 2670 D New Holt Road, Paducah, KY 42001, (hereafter referred to as "Property Owner"). City and Property Owner are each a "Party" and collectively the "Parties". RECITALS WHEREAS, the Property Owner is the owner of a certain tract of real property consisting of approximately 3.71 acres, more or less, which is located at 2631 Holt Road, Paducah, KY; and WHEREAS, the Property Owner's property is presently located in an unincorporated area of McCracken County that is contiguous to the corporate boundaries of the City and when annexed, developed and/or sold will utilize and benefit from municipal services, including public safety and sanitation; and WHEREAS, the City of Paducah has established an annexation incentive program to provide annexation incentives into the City; and WHEREAS, the Property Owner wishes to voluntarily participate in the City annexation incentive program whereby the property shall be annexed into the corporate limits of the City of Paducah; and WHEREAS, the social and economic well-being of the City is directly related to, and in many respects dependent upon; the growth of the City and its tax revenue base through annexation of contiguous territories. In order to meet various capital needs, especially in the area of public safety, provide and maintain infrastructure and other public facilities, promote economic development, and continue to provide affordable, quality municipal services to taxpayers, the City deems it to be in its best interest to encourage and induce contiguous developments to become part of Paducah through consensual annexation, with all services, rights, privileges and other amenities appertaining thereto; and WHEREAS, as an incentive to the Property Owner to incorporate the property into the City through consensual annexation in order to make all municipal services available to said properties and to facilitate overall municipal growth, the Parties enter into an agreement by which the City will reimburse the Property Owner the total City of Paducah real estate property tax revenues collected from any property located therein, over a designated five (5) year period. WHEREAS, as an incentive to the Property Owner to incorporate the property into the City through consensual annexation in order to make all municipal services available to said property and to facilitate overall municipal growth, the Parties enter into an agreement by which the Property Owner will receive free basic sanitation service, not to exceed ten thousand ($10,000) dollars -worth of basic sanitation service, over a designated one (1) year period. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained herein, the Parties agree as follows: SECTION 1. ANNEXATION: 2631 Holt Road shall be annexed into the City pursuant to KRS 81A.412. SECTION 2. PROPERTY TAX INCENTIVE: (A) Under the terms of this Agreement, the City will reimburse the Property Owner the total City of Paducah real estate property tax revenues collected from any property located therein over a designated five (5) year period. (B) The City of Paducah real estate property tax to be reimbursed by the City to the Property Owner under this Agreement shall be paid solely from real estate property tax revenues collected by the City, hereafter referred to as "Tax Revenues," over a defined period of five (5) years (the "Reimbursement Term"). (C) It is understood that all reimbursements provided in this Agreement shall be made solely to the present Property Owner and not to any subsequent developer, purchasers, tenants or other interests present or future. The Property Owner shall promptly inform the City of Paducah Finance Department upon any change of address to which payments are to be sent. (D) It is agreed that in the event the Property Owner sells, transfers and/or leases any part of the property, the Property Owner shall continue to receive the incentive payments as defined in this Agreement. It is understood that the incentive payments are to be paid directly to the Property Owner regardless as to who owns and/or leases the properties provided the Property Owner is in compliance with all terms of this Agreement. (E) Limitation on Reimbursement of City of Paducah property tax: The City's maximum liability to the Property Owner for reimbursement shall not exceed the total verified sum of all City real estate property tax revenues collected over the designated five (5) year period. (F) This Agreement shall commence upon its execution by both the Parties and the reimbursement term shall begin on April 12, 2023 for a period of five (5) years terminating on April 12, 2028. This Agreement shall remain in full force and effect for the duration of the designated time period. At the end of the reimbursement term, this provision of this Agreement shall be null and void. SECTION 3. SANITATION INCENTIVE: (A) Under the terms of this Agreement, and due to the properties being in the same ownership, the City will provide the property located at 2670 New Holt Road with free basic sanitation service, not to exceed ten thousand ($10,000) dollars -worth of basic sanitation service, over a designated one (1) year period. (B) Basic sanitation service includes the regular, scheduled pick-up of roll -outs or dumpsters. Appliances, mattresses, brush and the like that requires special equipment or additional visits by Public Works personnel to retrieve said items will not be covered under this Agreement. Construction dumpsters shall not be covered under this agreement. (C) It is understood that sanitation service may be transferred to another owner of 2670 New Holt Road for the duration of the one (1) year time frame. (D) It is agreed and understood that the City of Paducah Public Works Department will track the total dollar value of basic sanitation service rendered for the property. In the event the total dollar value of basic sanitation service exceeds ten thousand ($10,000) dollars within the one (1) year time frame, regular sanitation service fees will be added to the Property Owner's monthly water bill beginning on the month next following when the ten thousand ($10,000) dollars were exceeded. (E) It is agreed and understood that in the event sanitation service cannot be provided by the City due to the type of refuse, volume of refuse or other contributing factors as determined by the City of Paducah Public Works Department and another disposal company is required, the fees generated by the disposal company will not be reimbursed. (F) This Agreement shall commence upon its execution by both the Parties and the sanitation term shall begin on April 12, 2023 for a period of one (1) year terminating on April 12, 2024, unless the basic sanitation service exceeds ten thousand ($10,000) dollars as stipulated herein. This Agreement shall remain in full force and effect for the duration of the designated time period. At the end of the sanitation service term, this provision of this Agreement shall be null and void. SECTION 4. DEFAULT; REMEDIES: This Agreement may be terminated by the City, by written notice, in the event the Property Owner breaches any one or more of the terms and conditions set forth herein, including following all City ordinances and Planning & Zoning requirements and fails to cure said breach within a reasonable time after written notice thereof. This Agreement may be terminated by the Property Owner in the event the City fails to reimburse the Property Owner on the terms and conditions set forth herein and fails to cure said breach within a reasonable time after written notice thereof by the Property Owner. Upon a material breach of this Agreement by either party, the non -breaching party shall be entitled to all remedies provided by law nor shall the City's total liability ever exceed one hundred percent (100%) of the total real estate property tax paid to the City of Paducah as collected from the property. SECTION 5. NOTICES: Any written notices or requests required under the terms of this agreement shall be given to the following: CITY: City of Paducah Attention: Director of Planning 300 South 5t" Street Paducah, KY 42003 PROPERTY OWNER: Go Big Blue Properties, LLC Attn: Dr. Daniel Jones 2670 D New Holt Road Paducah, KY 42001 SECTION 6. AGREEMENT NULL AND VOID: This Agreement shall terminate, and otherwise become null and void, and neither party shall have any further liability to the other, if the property described herein is not incorporated into the City by the Paducah Board of Commissioners or the Commonwealth of Kentucky through consensual annexation or, if for any reason, the property is de - annexed at any time. SECTION 7. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the Parties and supersedes all prior agreements, promises, communications, representations, whether oral or written, by any employee, officer, or representative of either Party hereto. There are no promises, representations, covenants, undertakings, restrictions or conditions other than those expressly set forth herein. Any subsequent amendment hereto shall be in writing and executed by authorized representatives of both Parties. This Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors and assigns, provided, however, that this Agreement shall not be transferred or assigned to a different property owner. SECTION 8. SEVERABILITY: The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason, other provisions herein may be invalid or unenforceable, in whole or in part. If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable as written, a court may interpret, construe, rewrite or revise such provision, to the fullest extent allowed by law, so as to make it valid and enforceable consistent with the intent of the Parties. In the event a court of competent jurisdiction finally determines that any portion of this Agreement is invalid or unenforceable as written, neither Party shall have any liability to the other as a result thereof. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Agreement as of the day and year first hereinabove written. CITY OF PADUCAH: By George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Property Owner: Dr. Daniel Jones MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT made and entered into this 11th day of April, 2023, by and between the City of Paducah, Kentucky, 300 South 5t" Street Paducah, KY 42003, (hereafter referred to as "City"), and Go Big Blue Properties LLC, 2670 D New Holt Road, Paducah, KY 42001, (hereafter referred to as "Property Owner"). City and Property Owner are each a "Party" and collectively the "Parties". RECITALS WHEREAS, the Property Owner is the owner of a certain tract of real property consisting of approximately 3.71 acres, more or less, which is located at 2631 Holt Road, Paducah, KY; and WHEREAS, the Property Owner's property is presently located in an unincorporated area of McCracken County that is contiguous to the corporate boundaries of the City and when annexed, developed and/or sold will utilize and benefit from municipal services, including public safety and sanitation; and WHEREAS, the City of Paducah has established an annexation incentive program to provide annexation incentives into the City; and WHEREAS, the Property Owner wishes to voluntarily participate in the City annexation incentive program whereby the property shall be annexed into the corporate limits of the City of Paducah -,and WHEREAS, the social and economic well being of the City is directly related to, and in many respects dependent upon; the growth of the City and its tax revenue base through annexation of contiguous territories. In order to meet various capital needs, especially in the area of public safety, provide and maintain infrastructure and other public facilities, promote economic development, and continue to provide affordable, quality municipal services to taxpayers, the City deems it to be in its best interest to encourage and induce contiguous developments to become part of Paducah through consensual annexation. with all services, rights, privileges and other amenities appertaining thereto: and WHEREAS, as an incentive to the Property Owner to incorporate the property into the City through consensual annexation in order to make all municipal services available to said properties and to facilitate overall municipal growth, the Parties enter into an agreement by which the City will reimburse the Property Owner the total City of Paducah real estate property tax revenues collected from any property located therein, over a designated five (5) year period. WHEREAS, as an incentive to the Property Owner to incorporate the property into the City through consensual annexation in order to make all municipal services available to said property and to facilitate overall municipal growth, the Parties enter into an agreement by which the Property Owner will receive free basic sanitation service, not to exceed ten thousand ($10,000) dollars -worth of basic sanitation service, over a designated one (1) year period. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained herein, the Parties agree as follows: SECTION 1. ANNEXATION: 2631 Holt Road shall be annexed into the City pursuant to KRS 81A.412. SECTION 2, PROPERTY TAX INCENTIVE: (A) Under the terms of this Agreement, the City will reimburse the Property Owner the total City of Paducah real estate property tax revenues collected from any property located therein over a designated five (5) year period. (B) The City of Paducah real estate property tax to be reimbursed by the City to the Property Owner under this Agreement shall be paid solely from real estate property tax revenues collected by the City, hereafter referred to as "Tax Revenues," over a defined period of five (5) years (the "Reimbursement Term") (C) It is understood that all reimbursements provided in this Agreement shall be made solely to the present Property Owner and not to any subsequent developer, purchasers. tenants or other interests present or future. The Property Owner shall promptly inform the City of Paducah Finance Department upon any change of address to which payments are to be sent. (D) It is agreed that in the event the Property Owner sells, transfers and/or leases any part of the property, the Property Owner shall continue to receive the incentive payments as defined in this Agreement. It is understood that the incentive payments are to be paid directly to the Property Owner regardless as to who owns and/or leases the properties provided the Property Owner is in compliance with all terms of this Agreement. (E) Limitation on Reimbursement of City of Paducah property tax.. The City's maximum liability to the Property Owner for reimbursement shall not exceed the total verified sum of all City real estate property tax revenues collected over the designated five (5) year period. (F) This Agreement shall commence upon its execution by both the Parties and the reimbursement term shall begin on April 12, 2023 for a period of five (5) years terminating on April 12, 2028. This Agreement shall remain in full force and effect for the duration of the designated time period. At the end of the reimbursement term, this provision of this Agreement shall be null and void. SECTION 3. SANITATION INCENTIVE: (A) Under the terms of this Agreement, and due to the properties being in the same ownership, the City will provide the property located at 2670 New Holt Road with free basic 3 �� sanitation service, not to exceed ten thousand ($10,000) dollars -worth of basic sanitation service, over a designated one (1) year period. (B) Basic sanitation service includes the regular, scheduled pick-up of roll -outs or dumpsters. Appliances, mattresses. brush and the like that requires special equipment or additional visits by Public Works personnel to retrieve said items will not be covered under this Agreement. Construction dumpsters shall not be covered under this agreement. (C) It is understood that sanitation service may be transferred to another owner of 2670 New Holt Road for the duration of the one (1) year time frame. (D) It is agreed and understood that the City of Paducah Public Works Department will track the total dollar value of basic sanitation service rendered for the property. In the event the total dollar value of basic sanitation service exceeds ten thousand ($10,000) dollars within the one (1) year time frame, regular sanitation service fees will be added to the Property Owner's monthly water bill beginning on the month next following when the ten thousand ($10,000) dollars were exceeded. (E) It is agreed and understood that in the event sanitation service cannot be provided by the City due to the type of refuse, volume of refuse or other contributing factors as determined by the City of Paducah Public Works Department and another disposal company is required, the fees generated by the disposal company will not be reimbursed. (F) This Agreement shall commence upon its execution by both the Parties and the sanitation term shall begin on April 12, 2023 for a period of one (1) year terminating on April 12, 2024, unless the basic sanitation service exceeds ten thousand ($10,000) dollars as stipulated herein. This Agreement shall remain in full force and effect for the duration of the designated time period. At the end of the sanitation service term, this provision of this Agreement shall be null and void. SECTION 4. DEFAULT: REMEDIES: This Agreement may be terminated by the City, by written notice, in the event the Property Owner breaches any one or more of the terms and conditions set forth herein, including following all City ordinances and Planning & Zoning requirements and fails to cure said breach within a reasonable time after written notice thereof. This Agreement may be terminated by the Property Owner in the event the City fails to reimburse the Property Owner on the terms and conditions set forth herein and fails to cure said breach within a reasonable time after written notice thereof by the Property Owner. Upon a material breach of this Agreement by either party, the non -breaching party shall be entitled to all remedies provided by law nor shall the City's total liability ever exceed one hundred percent (100%) of the total real estate property tax paid to the City of Paducah as collected from the property. SECTION 5. NOTICES: Any written notices or requests required under the terms of this agreement shall be given to the following: CITY: City of Paducah Attention: Director of Planning 300 South 5t" Street Paducah. KY 42003 PROPERTY OWNER: Go Big Blue Properties, LLC Attn: Dr. Daniel Jones 2670 D New Holt Road Paducah. KY 42001 SECTION 6. AGREEMENT NULL AND VOID: This Agreement shall terminate, and otherwise become null and void, and neither party shall have any further liability to the other, if the property described herein is not incorporated into the City by the Paducah Board of Commissioners or the Commonwealth of Kentucky through consensual annexation or, if for any reason, the property is de -annexed at any tirne. SECTION 7. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the Parties and supersedes all prior agreements, promises, communications, representations, whether oral or written, by any employee, officer, or representative of either Party hereto. There are no promises, representations, covenants. undertakings, restrictions or conditions other than those expressly set forth herein. Any subsequent amendment hereto shall be in writing and executed by authorized representatives of both Parties. This Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors and assigns, provided, however, that this Agreement shall not be transferred or assigned to a different property owner. SECTION 8. SEVERABILITY: The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason, other provisions herein may be invalid or unenforceable, in whole or in part. If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable as written, a court may interpret, construe, rewrite or revise such provision. to the fullest extent allowed by law, so as to make it valid and enforceable consistent with the intent of the Parties. In the event a court of competent jurisdiction finally determines that any portion of this Agreement is invalid or unenforceable as written, neither Party shall have any liability to the other as a result thereof. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Agreement as of the day and year first hereinabove written. CITY OF PADUCAH: SM4" Lindsay Parish, City Clerk George Bray, Mayor Property Owner: rK, Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Authorize the Application for and Acceptance of a KLC Worker's Comp Safety Grant for $3,000 - S. WILCOX Category: Municipal Order Staff Work By: Braden Throgmorton, Stefanie Wilcox, Hope Reasons Presentation By: Stefanie Wilcox Background Information: The KLCIS Safety Grant Program was developed in 1999 as a way for members to enhance their safety budgets through this opportunity. This grant has a 50/50 matching requirement. The safety grant program will reimburse a city up to $3,000 for prior -approved items/equipment that will reduce Workers' Compensation exposures. The Human Resources Department is requesting approval for the application and acceptance of a $3,000 reimbursement grant for safety equipment purchased for employees working in confined spaces and for personal protective equipment. The 50/50 matching requirement will be fulfilled by prior purchases related to reducing worker's compensation exposures. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Authorize the application for and acceptance of the KLC Worker's Compensation Safety Grant and the Mayor to sign all documents associated with same. Attachments: I . MO app & award - klc safety grant 2023 2. Invoice for Parks Dept 3. Invoice for Public Works Dept MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A 2023 MATCHING INSURANCE SERVICES SAFETY GRANT IN THE AMOUNT OF $3,000 THROUGH THE KENTUCKY LEAGUE OF CITIES FOR REIMBURSEMENT FOR SAFETY EQUIPMENT PURCHASED FOR EMPLOYEES WORKING IN CONFINED SPACES AND FOR PERSONAL PROTECTIVE EQUIPMENT, ACCEPTING ANY GRANT FUNDS AWARDED BY KLCIS, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute an application to obtain a 2023 Matching Insurance Services Safety Grant in the amount of $3,000 from the Kentucky League of Cities for safety equipment purchased for employees working in confined spaces and for personal protective equipment. SECTION 2. That the City of Paducah hereby authorizes the acceptance of any and all grant funds awarded by the Kentucky League of Cities Insurance Services Safety Grant and authorizes the Mayor to execute the Grant Agreement and all related documents. SECTION 3. The 50/50 matching requirement will be fulfilled by prior purchases related to reducing worker's compensation exposure. SECTION 4. 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, April 11, 2023 Recorded by Lindsay Parish, City Clerk, April 11, 2023 \mo\grants\app & award - klc safety grant 2023 HENRY A. PETTER SUPPLY COMPANY Founded 1890 Industrial - Janitorial • Packaging - Safety • Office �� P -O- Box 2350. 5110 Charter Oak Dr, • Paducah, KY 42001 (270) 443-2441 - (800) 626-3940 - Fax (270) 575-6900 http:llwww. pettersupply.cam PADPAR BILI. TO: PADUCAH PARKS & LEISURE P 0 BOX 2307 PADUCAH KY 42002-2307 QUOTATION owls+101,11=11611111 " SHIP TO: PADUCAH PARKS & LEISURE 1400 H C MATHIS DR SHELTON WILL CALL PADUCAH KY 42001 444-8508 CUSTOMERP.O.NO. SHELTON CUSTOMERP.O.NO. SHELTON ***QUOTATION******QUOTATION******QUOTATION******QUOTATION******QUOTATION*** m^>::.. .< t ■��i tie ..: '«�,JiR y-'.'"<. _ "....... , �� .«.,«.,. .. 1417060-0000-01 1 149 1 04/04/23 231 SHELTON AV/SHELTON WILL CALL T 1 1 12 TGLR V70522.L-XL EA 8.6317 103.58 VEST SAFETY CLASS II H1 -VIS YLW BRKAWAY L/XL PETTER# 164478 HOOK & LOOP 50/CS 1-A62D5B BIN: A62D5B BIN: FCDISP 8 TGLR V70522.2X-3X EA 8.6317 69.05 VEST SAFETY CLASS IT HI -VIS YLW BRKAWAY 2X/3X PETTER# 164477 HOOK & LOOP 1-A63E6A BIN: A63E6A BIN: A63B1 4 TGLR J24122.LG EA 73.4559 293.82 JACKET HI -VIS ICON GREEN CLASS III LARGE 29" W/TUCK AWAY HOOD 1-A09B2B BIN: A09B2B BIN: A10J1 CODE EXPLANATION - STATE TAX APPLICABLE # - FEWOTHER TAX APPLICABLE * - STATE & FEDERAL TAX B - BALANCE BACK ORDERED C CONSIDER COMPLETE D -'DIRECT SHIPMENT F -FACTORY MINIMUM OVER, SHORT, AND DAMAGED REPORTS MUST HE MADE TO US WITHIN 10 DAYS OF SHIPMENT. NO RETURNS ACCEPTED WITHOUT WRITTEN PERMISSION. RETURN GOODS CHARGE ON STOCK ITEMS IS 15%, HENRY A. PETTER SUPPLY COMPANY Founded 1890 Industrial - Janitorial - Packaging - Safety - Office P.O. Box 2350 - 5110 Charter Oak Dr. - Paducah, KY 42001 (270) 443-2441 - (800) 626-3940 - Fax (270) 575-6900 http://www.peftersupply.com 11 PADPAR BILL SHIP TO: PADUCAH PARKS & LEISURE TO: P 0 BOX 2307 PADUCAH KY 42002-2307 QUOTATION 1417060-0000-01 PADUCAH PARKS & LEISURE 1400 H C MATHIS DR SHELTON WILL CALL PADUCAH KY 12001 444-8508 CUSTOMERP.O.NO. SHELTON CUSTOMERP.O.NO. SHELTON ***OUOTATIC)N******OUC)TATIOM******OtTOTATTONT******nring,A'PTC)M**-***()TinTaTTnTxT*** 1-m-m—EU, �tmmbki�� 1417060-0000-01 149 04/04/23 231 SHELTON AV/SHELTON WILL CALL T 2 a M 2 P R aUyy r_ "wmwi�m 3 TGLR J24122.XL EA 73.4559 220.37 JACKET HI -VIS ICON GREEN CLASS ITT XLARGE 291T W/TUCK AWAY HOOD 1-A10J2 BIN: A10J2 BIN: A09DI 3 TGLR J24122.2X EA 73.4559 220.37 JACKET HT -VIS ICON GREEN CLASS III 2XL 29" W/TUCK AWAY HOOD 1-A09B3B BIN: A09133B BIN: FCDISP 4 TGLR P23122.LG PR 31.3082 125.23 PANTS HI -VIS VISION GREEN SNAP FLY FRONT LARGE I-AO9C4A BIN: A09C4A CODE EXPLANATION SUBTOTAL CONTINUED STATE TAX APPLICABLE # -FED.1OTHER TAX APPLICABLE + - STATE& FEDERAL TAX 8 -BALANCE BACK ORDERED FREIGHT FATAL is'. , C - CONSIDER COMPLETE D - DIRECT SHIPMENT FED.10THER TAX F - FACTORY MINIMUM STATE TAX IVER SHORT, AND DAMAGED REPORTS PAYMENT REC'D. IUST BE MADE TO US WITHIN 10 DAYS IF SHIPMENT. NO RETURNS ACC EPTED 11THOUT WRITTEN PERMISSION. RETURN ;OODS CHARGE ON STOCK ITFM.q IS 1 4i"I. HENRY A. PETTER SUPPLY COMPANY QUOTATION Founded 1890 Industrial - Janitorial - Packaging - Safety • Office pi—ii, P.O. Box 2350 • 5110 Charter Oak Dr. • Paducah, KY 42001 (270) 443-2441 • (800) 626-3940 , Fax (270) 575-6900 http://www.pettersupply.com PADPAR 1417060-0000-01 &U- SHIP TO: PADUCAH PARKS & LEISURE TO. PADUCAH PARKS & LEISURE P 0 BOX 2307 1400 H C MATHIS DR PADUCAH KY 42002-2307 SHELTON WILL CALL PADUCAH KY 42001 444-8508 CUSTOMERP.O.NO. SHELTON CUSTOMERP,O,NO. SHELTON ***QUOTATION******QUOTATION******QUOTATION******QUOTATION******QUOTATION*** :::.•;; ._,_gq. a•^ct ' m. --s ;. _.....<.e ........_.,..,.._ . —................ 2ie�isri:ri:^ii:..3...r r%_.. _ _....>».. eF,.. 1417060-0000-01 1 149 04/04/23 1 231 SHELTON AV/SHELTON WILL CALL I T I 3 3 — STATE TAX APPLICABLE TGLR P23122.XL PR 31.3082 93.92 + - STATE & FEDERAL TAX PANTS HI -VIS VISION GREEN B — BALANCE BACK ORDERED SNAP FLY FRONT XL C — CONSIDER COMPLETE 1-A09C4B D — DIRECT SHIPMENT F - FACTORY MINIMUM BIN: A09C4B MUST BE MADE TO US WITHIN 10 DAYS OF SHIPMENT. NO RETURNS ACCEPTED BIN: FCDSPK GOODS CHARGE ON STOCK ITEMS IS 15%. 3 TGLR P23122.2X PR 31.3082 93.92 PANTS HI -VIS VISION GREEN SNAP FLY FRONT 2XL 1-A09C5A BIN: A09C5A 12 PIPI 71-3600/M PR 3.8280 45.94 GLOVE DRIVERS GOAT SKIN MEI} KEYSTONE THUMB (PR) PETTER# 129072 INDUSTRY GRD 1-G02M5B BIN: G02M5B 12 RADN RWG4710L PR 4,2763 51.32 GLOVE DRIVERS GOAT SKIN LG KEYSTONE THUMB (PR) 1-H11E3 BIN: H11E3 CODE EXPLANATION — STATE TAX APPLICABLE # — FEWOTHER TAX APPLICABLE + - STATE & FEDERAL TAX B — BALANCE BACK ORDERED C — CONSIDER COMPLETE D — DIRECT SHIPMENT F - FACTORY MINIMUM OVER, SHORT, AND DAMAGED REPORTS MUST BE MADE TO US WITHIN 10 DAYS OF SHIPMENT. NO RETURNS ACCEPTED WITHOUT WRITTEN PERMISSION. RETURN GOODS CHARGE ON STOCK ITEMS IS 15%. HENRY A. PETTER SUPPLY COMPANY QUOTATION Founded 1890 Industrial - Janitorial • Packaging - Safety - office P.Q. Box 2350 • 5110 Charter Oak Dr. • Paducah, KY 42001' (270) 443-2441 • (800) 826-3940 , Fax (270) 575-6900 httlaWwww. pettersupply, com ' PADPAR 1417060-0000-01 BILL SHIP TO: PADUCAH PARKS & LEISURE TO. PADUCAH PARKS & LEISURE P 0 BOX 2307 1400 H C MATHIS DR PADUCAH KY 42002-2307 SHELTON WILL CALL PADUCAH KY 42001 994-8508 CUSTOMER P-O.NO. SHELTON CUSTOMER P.O.NO. SHELTON ***QUOTATION******QUOTATION******QUOTATION******QUOTATION******QUOTATTON*** 1417060-0000-01 149 09/09/23 231 SHELTON �...� L.�-.".`....-.-::.: "'":.. `^:::rae �_-'e�:m. ,:rsra......E £.......,.-..ra mTf-...,.-. ��,.�,-m'.S�-"tt.x:...... .......raF..sile�'�. ;`�:aa:.::r.:am -a.,._.� ... .. .......c^�aW_�xar sa�:suy,,r•;: �a'"�. AV/SHELTON WILL CALL T 12 RADN RWG4710XL GLOVE DRIVERS GOAT SKIN XL KEYSTONE THUMB (PR) 1-H10B3 BIN: H10B3 12 RADN RWG471OXXL GLOVE DRIVERS GOAT SKIN XXL KEYSTONE THUMB (PR) 1-H11D2 BIN: H11D2 15 *3M BRUSH DEFENDER. V40GH31A-1P MESH SHIELD WITH EAR MUFF CODE FXPLANATION ' - STATE TAX APPLICABLE # - FED.IOTHER TAX APPLICABLE- + - STATE 8 FEDERAL TAX B - BALANCE BACK ORDERED C - CONSIDER COMPLETE D - DIRECT SHIPMENT F -FACTORY MINIMUM OVER, SHORT, AND DAMAGED REPORTS MUST BE MADE TO US WITHIN 10 DAYS OF SHIPMENT. NO RETURNS ACCEPTED WITHOUT WRITTEN PERMISSION. RETURN GOODS CHARGE ON STOCK ITEMS IS 15%. PR 4.2763 PR 4.2763 EA 50.2500 4 51.32 51.32 753.75 SUB TOTAL L, l I S. yl lNISC FED.10THSR Tax 0.00 STATi TA)( 13:0 .43: PAYMENT REC'D. 0.00 QTAL AMOUN2:DUE . 2,304.34 Little Tractor & Equipment Paducah m 1 W_ w-_ r; PADUCAH, KY , CITY OF PADUCAH PARKS & RECREATION (GREG 270-538--9670 833-289-2858 LE SHELTQN) 03/30/2023 1.42 PM 0 5 0 0 7010 888 0800 BES FUNCTION BASIC HELMET SYSTEM $339.95 $305.95 0 3 0 0 0000 886 3204 BES DYNAMIC WRAP ORANGE CHAPS 36" - 6 $404.97 $364.47 LAYER 0 2 0 0 0000 886 3205 BES DYNAMIC WRAP ORANGE CHAPS 40" - 6 $269.98 $242.98 LAYER 15 0 0 0 7010 884 0512 BES MESH VISOR KIT $449.85 $404.85 15 0 0 0 7010 884 0508 BES FUNCTION HEARING PROTECTORS - NRR $404.85 $364.35 23 Subtotal $1,869.60 Less Discount ($187.00) Sales Tax $0A0 Quote Tota! $1,682.60 This is Part Quote only. All prices are subject to change. (This is not an Invoice) City of Paducah PAGE: 1 OF 1 EFT NUMBER: 00001728 INVOICE DATE INVOICE NUMBER DESCRIPTION INVOICE AMOUNT 08/31/2022 9129561638 GAS DETECTOR KIT $3,108.20 PO #: 20230671 - PUBLIC WORKS 09/01/2022 9991313759 Cylinder Lease Renewal r00 PO #: 20230935 - PARKS SERVICES Vendor N, o VeOddl' NaitoEFT IVo ... , : EFT'Date' „ E,FT`Arnourt 768 AIRGAS USA, LLC 1728 09/0912022 $3,248.20 QDCity of Paducah PO Box 2307 Paducah, KY 42002-2307 *Three Thousand Two Hundred Forty-eight Dollars and 20 Cents* Pay AIRGAS USA, LLC To the PO BOX 734672 Order Of DALLAS, TX 75373-4672 Vendor EFT Number Date 768 09/09/2022 EFT Number 1728 $3*&. -Z5_". EFT FILE COPY NON-NEGOTIABLE Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Approve the Application for an EPA Environmental Justice Government to Government Grant in the amount of $1,000,000 - N. HUTCHISON Category: Municipal Order Staff Work By: Hope Reasons, Nicholas Hutchison Presentation By: Hope Reasons, Nicholas Hutchison Background Information: The EPA is requesting applications for projects that support and/or create model state, tribal, local, and territorial government activities that lead to measurable environmental or public health results in communities disproportionately burdened by environmental harms and risks. These projects will help transform disadvantaged and underserved communities into healthy, thriving communities capable of addressing the environmental and public health challenges they have historically faced, as well as current and future challenges. The City of Paducah is proposing a three-year, $1 million project with three primary components — capacity building and community engagement, reducing indoor toxins and air pollution, and improving community health. The City will partner with Paducah Alliance of Neighbors, Nehemiah Christian Church, KY Care Health Center, Purchase District Health Department, Baptist Health Paducah, and the Southside Steering Committee as the Advisory Board for this program. By the end of the grant period, at least 20 homes will receive renovations and/or remediation services to improve indoor air quality, disaster resilience, and energy efficiency. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Southside Enhancements Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Authorize the application of the EPA Environmental Justice G2G Grant Application and the Mayor to sign all documents related to the same. Attachments: MO app — EPA Environmental Justice Government to Government Grant MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR AN EPA ENVIRONMENTAL JUSTICE GOVERNMENT TO GOVERNMENT GRANT IN THE AMOUNT OF $1,000,000, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME WHEREAS, the EPA is requesting applications for projects that support and/or create model state, tribal, local, and territorial government activities that lead to measurable environmental or public health results in communities disproportionately burdened by environmental harms and risks; and WHEREAS, these projects will help transform disadvantaged and underserved communities into healthy, thriving communities capable of addressing the environmental and public health challenges they have historically faced, as well as current and future challenges; and WHEREAS, the City of Paducah proposes a three-year, $1 million project with three primary components — capacity building and community engagement, reducing indoor toxins and air pollution, and improving community health. NOW, THEREFORE, 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 Environmental Justice Government to Government Grant in the amount of $1,000,000 for renovations and/or remediation services to improve indoor air quality, disaster resilience, and energy efficiency in Paducah homes. There is no local match for this grant. SECTION 2. 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, April 11, 2023 Recorded by Lindsay Parish, City Clerk, April 11, 2023 \mo\grants\app — EPA Environmental Justice Government to Government Grant Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Approval of Contract Modification 91 for Decrease of Scope in Construction Contract with Dredge America, Inc for Dredging Project for $1,647.00 - R. MURPHY Category: Municipal Order Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: Summary: Approve Contract Modification #1 for a decrease in scope in the Construction Contract with Dredge America, Inc due to a difference in the amount of material dredged for a change of ($1,647.00). Background: On April 24, 2020, the President signed a major disaster declaration, FEMA -4540 -DR -KY, for the 2020 Flooding and Severe Weather Events from February 2, 2020, through February 29, 2020. As a result, the City of Paducah applied for and received Disaster Relief Funding to remove sediment built up along the Riverfront at the Transient Dock. FEMA Public Assistance funds are funded at 90% Federal Share, 4.2% State Share & 5.8% City Share. On October 25, 2022, the Board of Commissioners approved Municipal Order 2668 for a Construction Contract for $995,000.00 with Dredge America, Inc for approximately 60,000 cubic yards of hydraulic dredging. As a result, the City has obtained the necessary permits to dredge up to 60,000 cubic yards of sediment per year using deep water disposal. During the dredging contract, the exact amount of sedimentation dredged was measured by a bathymetric survey at 59,817.4 cubic yards for a total contract amount of $993,353.00. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Dredging Account Number: DT0047 Staff Recommendation: Authorize the Mayor to sign Contract Modification 91 to the construction contract with Dredge America, Inc for the decrease in the scope of the Dredging Project for $1,647.00 Attachments: 1. MO change order 1 - Dredge America Contract 2. DredgeAmerica_Dredging_CM1 3. Paducah-PostDredge2023 MUNICIPAL ORDER NO. A MUNICIPAL ORDER ADOPTING CHANGE ORDER NO. 1 TO THE CONSTRUCTION CONTRACT WITH DREDGE AMERICA, INC. FOR A DECREASE IN SCOPE AND A PRICE REDUCTION IN THE AMOUNT OF $1,647, AND AUTHORIZING THE MAYOR TO EXECUTE THE CHANGE ORDER WHEREAS, by Municipal Order No. 2668, the City of Paducah authorized a Construction Contract with Dredge America, Inc., in the amount of $995,000 for approximately 60,000 cubic yards of hydraulic dredging; and WHEREAS, during the dredging contract the exact amount of sedimentation dredged was measured by a bathymetric survey at 59,817.4 cubic yards for a total contract amount of $993,353. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission hereby approves Change Order No. I to the Construction Contract with Dredge America, Inc., for a total price decrease in the amount of $1,647, and authorizes the Mayor to execute Change Order No. 1 on behalf of the City. SECTION 2. The adoption of Change Order No. 1 decreases the Contract Amount by a total of $1,647, henceforth reducing the total agreement to an amount of $993,353. 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, April 11, 2023 Recorded by Lindsay Parish, City Clerk, April 11, 2023 mo\change order 1 - Dredge America Contract CITY OF PADUCAH ENGINEERING DEPARTMENT CHANGE ORDER CHANGE ORDER NO: 1 DATE: March 24,2023 NAME OF PROJECT: Paducah Riverfront Transient Boat Dock Dredging Project OWNER: City of Paducah, Kentucky VENDOR: Dredge America THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENTS: ADDITIONS DEDUCTIONS Note: Deduction for Bid Item 5, Dredging of Material, final quantity was 59,817 CY instead of the bid quantity of 60,000 CY CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE DECREASED BY: ORIGINAL CONTRACT PRICE: CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS: NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER WILL BE: THE CONTRACT TIME WILL BE INCREASED BY: APPROVALS REQUIRED: CHANGE ORDER PAGE 1 OF 1 $0.00 $1,647.00 $1,647.00 $995,000.00 $995,000.00 $993,353.00 0 Dais hC'-'-6p. mQ�;rte BrQ n'l�ll ��%1,f�, _ o�c /Marr/ &!� l3 VENDO DATE' 03 Z T Z" CITY ENGINEE PIATE r MAYOR: DATE the - - - - - - - - - - MappingNetwork Paducah Marina Paducah, Kentucky Post -dredge Report Date: 2/24/2023 Prepared for: Sam Robinson Dredge America Prepared by: Steve Bartosh - President The Mapping Network HYDROGRAPHIC SURVEY EQUIPMENT AND PROCEDURES The Mapping Network conducted a post -dredge hydrographic survey for the dredge cut and disposal areas. The survey was conducted to determine depths for the post -dredge survey. Bathymetry Survey Collection Methods: The collection methods and equipment used are based off USACE Single -Beam for Dredging Methodology. Depth measurements were collected using an Odom CV100. This sonar signal processor is designed to accurately record the full spectrum of the river bottom in a raw format that was later processed in HYPACK software. A calibrated Digibar Pro sound velocity cast was taken prior to survey to measure the speed of sound and input into Hypack software. The accuracy of the Odom CV100 data is approximately 0.5% of the water depth with a resolution of 0.1 -feet. System accuracy was checked during the survey using manual measurements. Bathymetry Data Processing Methods: Bathymetry data was then processed using HYPACK Software. Components of the bathymetric processing included verifying the water depth was tracking the bottom and not outlying soundings created by water column interference (e.g., sharp drop offs, vegetation, trees, debris). Data was then exported as XYZ (northing, easting, and depth) in a State Plane horizontal projection and vertical NAVD88 datum. The XYZ data was then imported into ESRI ArcGIS where a Triangular Irregular Network (TIN) was created using the 3D Analyst extension to represent surface morphology. Sediment Removal Quantity Data Processing: The sediment removal quantity was calculated by comparing the pre and post dredge bathymetry in ESRI ArcGIS PRO. Comparing both surfaces calculated an estimated volume of 59,817 cubic yards of removal. Survey Notes: • The river level was high with strong currents moving through the dredge cut area at time of post dredge survey. RESULTS OF POSTDREDGE BATHYMETRY Dredge Cut: The dredge cut resulted in an estimated 59,817 cubic yards of removal. w 10 7 River Gauge H.,nl Vs ESERWIR �RrvER 9HpiFLNE wIu RE GENEMTED FROMAENu PHDTOGMPHV AND xDT eE USED Nuuma Ramvee. Sg,St y FORCONSIrtUCTION OR ENGNEERING -SONAR DEPTH INFOfIMATION CAN ONLY BE LOUECLED IN ARFAS FREE FROM BMTOSSTRUCTgN Plgeaq Cmmnem Symem FIXiMATNIN CQLECfEDFOR THIS PRNECi REPRESENTS THE CURRENTEIISTWGCDNOrtIONb NAD tgeg (Attl Hnaa%y Saw FIDS tfiDt SUS FeeR THE WTE INDICATEDMIO CAN ONLV DE CON9DERE0 PS INDICATING CIXIDITIONSAi THE TME. PADUCAH RIVDRFRO NG PROJECT BOAT DOCK the MappingNetwork. Dredge Disposal: The dredge disposal area did not exceed 284 in elevation. This report was prepared on 11/17/2022: Steve Bartosh - President The Mapping Network 5201 N 97TH ST Kansas City, KS 66109 Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Fleet Maintenance Service Agreement between the City of Paducah Fleet Division and the Salem Fire Department - C. YARBER Category: Municipal Order Staff Work By: Jm Scutt, Debbie Collins Presentation By: Chris Yarber Background Information: On March 28, 2023, a Fleet Maintenance Service Agreement was entered into for the City of Paducah Fleet Division to provide all professional labor, materials, equipment and operations necessary for scheduled maintenance, upkeep, repair and preventative maintenance, pursuant to the fee schedule for the Salem Fire Department. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve a Municipal Order for the Fleet Maintenance Service agreement for the City of Paducah Fleet Division to provide all professional labor, materials, equipment, and operations necessary for scheduled maintenance, upkeep, repairs and preventive maintenance, pursuant to the fee schedule for the Salem Fire Department. Attachments: 1. MO agree -fleet maintenance services — Salem Fire Department 2. Service Agreement - Salem Fire Dept MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED EQUIPMENT AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH THE SALEM FIRE DEPARTMENT, TO PROVIDE FLEET MAINTENANCE SERVICES AT HOURLY RATES AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME WHEREAS, the City of Paducah wishes to enter into a Fleet Maintenance Service Agreement with Salem Fire Department for the City of Paducah Fleet Department to provide fleet services at hourly rates. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the Board of Commissioners hereby authorizes the Mayor to execute the City of Paducah Fleet Maintenance, Motorized Equipment and Emergency Apparatus Service Agreement (hereinafter the "Agreement") with the Salem Fire Department in substantially the form attached hereto and made part hereof (Exhibit A). SECTION 2. That the hourly labor rates are as follows: Shore Hourly Labor Rate Heavy Truck $95 per hour Heavy Equipment $95 per hour Passenger Vehicle $85 per hour Light Truck $85 per hour Small Engine $75 per hour SECTION 3. That the initial term of the Agreement shall be for a period of one (1) year. Such term shall automatically renew at the end of the Initial Term unless either party terminates the Agreement upon sixty days written notice in accordance with Paragraph 7 of the Agreement. In addition, the City of Paducah may terminate the Agreement with cause upon a thirty -day written notice for non-payment of fees. of its adoption. SECTION 4. This Order shall be in full force and effect from and after the date George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, April 11, 2023 Recorded by Lindsay Parish, City Clerk, April 11, 2023 mo/agree-fleet maintenance services — Salem Fire Department EXHIBIT A CITY OF PADUCAH FLEET MAINTENANCE, MOTORIZED EQUIPMENT, AND EMERGENCY APPARATUS SERVICE AGREEMENT This Fleet Maintenance, Motorized Equipment and Emergency Apparatus Service Agreement (hereinafter "Agreement") is made and entered into by and between the City of Paducah, Kentucky, a municipal corporation, (hereinafter "Paducah") and Salem Fire Department (hereinafter "Customer"). 1. SERVICES. Paducah agrees to provide all professional labor, materials, equipment, and operations necessary for scheduled maintenance, upkeep, repair and preventive maintenance, pursuant to the Fee Schedule attached hereto. The Fee Schedule will be updated on January Pt of each applicable year. 2. HOURS OF OPERATION. Normal operations are Monday through Friday from 6:30 a.m. until 3:00 p.m., with the exception of holidays. Repairs made outside regular operating hours will be performed at one and one half times the regular hourly fee. 3. WARRANTY OF WORKMANSHIP. Paducah will warrant its workmanship on repairs for a period of 30 days following completion of work. 4. TOWING. Customer will be responsible for towing any vehicles to the Department. 5. WORK AUTHORIZATION. Paducah is authorized to perform work on any equipment in which the fee is less than $1,000. Any service or repair exceeding $1,000 shall require prior written authorization from Customer's authorized representative. 6. TERM. This Agreement shall become effective on the date signed and be in effect for one year. Thereafter, the Agreement shall automatically renew unless terminated as specified in Paragraph 7. 7. TERMINATION. Either Party shall have the right to terminate this Agreement without cause upon sixty (60) days' written notice to the other Party. Paducah may terminate this Agreement with cause upon thirty (30) days' written notice for non-payment of fees. 8. PAYMENT. Paducah shall send monthly invoices to Customer with a due date of thirty (30) days. After sixty (60) days of non-payment, this Agreement shall be subject to Termination for Cause. 9. AUTHORIZED REPRESENTATIVE. Customer's authorized representative is Daniel Newcomb. 10. INSURANCE. Customer shall maintain general and auto liability insurance with a single combined liability limit of not less than $1,000,000 for claims arising out of and in connection with the provision of service by Paducah under this Agreement. Customer hereby waives any claim against Paducah for any physical damage to its vehicle(s) while in Paducah's custody and control. 11. INDEMNIFICATION. Customer shall indemnify, hold harmless, and defend Paducah from and against any and all claims resulting or arising from Paducah's performance, or failure to perform, under this Agreement. CITY OF PADUCAH BY: Title: Date: Mayor CUSTOMER BY: Title: Fire Chief Date: Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Purchase One (1) SUV for use by the Paducah Fire Department in an amount of $44,354.00 - C. YARBER Category: Municipal Order Staff Work By: JIM SCUTT, Debbie Collins Presentation By: Chris Yarber Background Information: On February 23, 2023, sealed written bids were opened for the purchase of One (1) SUV for use by the Fire Department. Linwood Motors is the lowest evaluated bidder at the price of $44,354.00 Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Rolling Stock/Vehicle Fleet Lease Trust Fund Account Number: 71000210-540050 Staff Recommendation: Approve a municipal order for the mayor to sign an agreement with Linwood Motors for the purchase of One (1) SUV in the amount of $44,354.00. Attachments: I . MO purchase SUV — Fire Department 2023 2. Spec Pick up List 3. 00020 - Invitation to Bid 4. Bid Tab - SUV Fire 5. Linwood - SUV fire dept bid 6. Proposed Agreement - One (1) SUV - fire dept MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE SUV IN THE AMOUNT OF $44,354, FOR USE BY THE PADUCAH FIRE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah accepts the bid of Linwood Motors in the amount of $44,354 for sale to the City of one SUV for use by the Paducah Fire Department, said bid being the lowest evaluated bid, of February 23, 2023. SECTION 2. The Mayor is hereby authorized to execute a contract with Linwood Motors, for the purchase of one SUV, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. This purchase shall be charged to Rolling Stock/Vehicle Fleet Maintenance Trust Fund, Account Number 71000210 -540050. 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, April 11, 2023 Recorded by Lindsay Parish, City Clerk, April 11, 2023 \mo\purchase SUV — Fire Department 2023 CITY OF PADUCAH, KENTUCKY PUBLIC WORKS DEPARTMENT One (1) SUV Fire LOWEST EVALUATED BID BID OPENING: 2:00 p.m. CST on Thursday, February 23, 2023 OFFICIAL BIDDER OF RECORD I Linwood Motors Contact: Jake Brenningmeyer Mailing Address: 3345 Park Ave Paducah, KY 42001 $44,354.00 One (1) SUV Fire Delivery Time 6-8 Months Manufacturer: Dodge DOCUMENTS REQUIRED FOR COMPLIANCE SUBMITTED: 1. Bidder's Required Certification Yes 2. Manufacturer Specifications Yes 3. Warranty Information Yes 4. Compliance with Tech Specs form Yes 5. Deviations with Information None 6. Addendum Signed and Included N/A Kentucky State Bidder Yes Responsive & Responsible Bidder: Yes Evaluation Score: 0.00 BID RECOMMENDED FOR ACCEPTANCE Yes 00500 AGREEMENT Page 1 of 1 CITY OF PADUCAH, KENTUCKY PUBLIC WORKS DEPARTMENT AGREEMENT TO PURCHASE ONE (1) SUV THIS AGREEMENT, made this day of , 20_ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and Linwood Motors hereinafter called the VENDOR, for the consideration hereinafter named, agrees as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide ONE (1) SUV to be used by the Paducah Fire Department in full compliance with the Bid Proposal Dated February 23, 2023 and with this Agreement, the Specifications and any Addendum(s) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Vendor hereby agrees to commence work under this Contract and to fully complete the delivery of the aforementioned Vehicle(s) within 180 - 240 consecutive calendar days thereafter from the date of this Agreement. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Vendor the following, subject to additions and deductions provided therein: Forty -Four Thousand, Three Hundred and Fifty -Four dollars ($44,354.00) as quoted in the aforementioned Vendor's Bid Proposal and as approved by the Board of Commissioners on by Municipal Order # ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery in accordance with the Contract Documents and the Specifications. The Payment shall constitute full compensation for the work and services authorized herein. ARTICLE 5. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY _ TITLE ADDRESS: BY George Bray, Mayor ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Purchase of Two (2) Pickup Trucks for use by Facilty Division and Parks Department in an amount of $88,000.00 - C. YARBER Category: Municipal Order Staff Work By: Jim Scutt, Debbie Collins Presentation By: Chris Yarber Background Information: On February 2, 2023, sealed written bids were opened for the purchase of Two (2) Pickup Trucks for use by the Facility Division and Parks Department. Linwood Motors is the lowest evaluated bidder at the price of $44,000.00 each, for a total price of $88,000.00. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Rolling Stock/Vehicle Fleet Lease Trust Fund Account Number: 71000210-540050 Staff Recommendation: To receive and file the bid and adopt a Municipal Order authorizing the Mayor to execute a contract with Linwood Motors for the purchase of Two (2) Pickup Trucks in the total amount of $8,000.00. Attachments: 1. MO purchase two pickup trucks — Facility Division and Parks Department 2. Spec Pickup List 3. 00020 - Invitation to Bid 4. Bid Tab - Two (2) Pickup Trucks_ Facility and Parks 5. Linwood bid - Two (2) Pickup Trucks 6. Proposed agreement - Two (2) pickup trucks MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF TWO PICKUP TRUCKS IN THE TOTAL AMOUNT OF $88,000, FOR USE BY THE FACILITY DIVISION AND PARKS DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah accepts the bid of Linwood Motors in the amount of $88,000 for sale to the City of Two pickup trucks for use by the Facility Division and Parks Department, said bid being the lowest evaluated bid, of February 2, 2023. SECTION 2. The Mayor is hereby authorized to execute a contract with Linwood Motors, for the purchase of Two pickup trucks, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. This purchase shall be charged to Rolling Stock/Vehicle Fleet Maintenance Trust Fund, Account Number 71000210 -540050. 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, April 11, 2023 Recorded by Lindsay Parish, City Clerk, April 11, 2023 \mo\purchase two pickup trucks — Facility Division and Parks Department CITY OF PADUCAH, KENTUCKY PUBLIC WORKS DEPARTMENT Two (2) Pickup Trucks—Facility and Parks LOWEST EVALUATED BID BID OPENING: 2:00 p.m. CST on Thursday, February 2, 2023 OFFICIAL BIDDER OF RECORD I Linwood Motors Contact: Jake Brenningmeyer Mailing Address: 3345 Park Ave Paducah, KY 42001 $88,000.00 Two (2) Pickup Trucks Delivery Time 6 - 10 Months Manufacturer: Dodge DOCUMENTS REQUIRED FOR COMPLIANCE SUBMITTED: 1. Bidder's Required Certification Yes 2. Manufacturer Specifications Yes 3. Warranty Information Yes 4. Compliance with Tech Specs form Yes 5. Deviations with Information None 6. Addendum Signed and Included N/A Kentucky State Bidder Yes Responsive & Responsible Bidder: Yes Evaluation Score: 1000.00 BID RECOMMENDED FOR ACCEPTANCE Yes 00500 AGREEMENT Page 1 of 1 CITY OF PADUCAH, KENTUCKY PUBLIC WORKS DEPARTMENT AGREEMENT TO PURCHASE TWO (2) PICKUP TRUCKS THIS AGREEMENT, made this day of , 20_ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and Linwood Motors hereinafter called the VENDOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide TWO (2) PICKUP TRUCK to be used by Facility Division and Parks Department in full compliance with the Bid Proposal Dated FEBRUARY 2, 2023 and with this Agreement, the Specifications and any Addendum(s) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Vendor hereby agrees to commence work under this Contract and to fully complete the delivery of the aforementioned Vehicle(s) within 180 - 300 consecutive calendar days thereafter from the date of this Agreement. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Vendor the following, subject to additions and deductions provided therein: Eighty -Eight Thousand dollars ($88,000.00) as quoted in the aforementioned Vendor's Bid Proposal and as approved by the Board of Commissioners on by Municipal Order# ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery in accordance with the Contract Documents and the Specifications. The Payment shall constitute full compensation for the work and services authorized herein. ARTICLE 5. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY _ TITLE ADDRESS: BY George Bray, Mayor ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Authorize the Acceptance of a DLG pass-through grant for the P&L Railroad Rockport Bridge Project in an amount of $100,000 - D. JORDAN Category: Municipal Order Staff Work By: Hope Reasons, Daron Jordan Presentation By: Daron Jordan Background Information: Kentucky Legislature passed Senate Bill 150, which provides funding for certain projects in Kentucky. One of the projects defined in the legislation is the Rockport Bridge Improvement Project being completed by P&L Railroad. The City of Paducah has been designated as the pass-through entity for the funding distributed to P&L Railroad for the project. This Municipal Order authorizes the Mayor to execute all documents necessary for the City of Paducah to act as the pass-through recipient for the grant. The total amount of the grant will be $100,000 with no local matching requirement. P&L Railroad will use the funds to pay for cost -share matching to secure additional federal funding for the Rockport Bridge over the Green River at Milepost 117.86. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: 1. MO accept - DLG P&L Railway Rockport Bridge 2. Attachment 1 MUNICIPAL ORDER NO. A MUNICIPAL ORDER OF THE PADUCAH CITY COMMISSION AUTHORIZING THE FILING OF A KENTUCKY SENATE BILL (SB) 150 LINE ITEM GRANT APPLICATION IN THE AMOUNT OF $100,000 THROUGH THE DEPARTMENT FOR LOCAL GOVERNMENT FOR THE PADUCAH & LOUISVILLE RAILWAY, INC. ROCKPORT BRIDGE PROJECT, ACCEPTING ALL AWARDED FUNDS, AUTHORIZING THE MAYOR TO EXECUTE ANY DOCUMENTS WHICH ARE DEEMED NECESSARY BY DLG TO CARRY OUT THE PROJECT, AND AUTHORIZING THE MAYOR TO ACT AS THE AUTHORIZED CORRESPONDENT FOR THIS PROJECT WHEREAS, the Paducah City Commission desires to promote and carry out community development efforts by supporting the SB150 Project; and WHEREAS, it is recognized that SB 150 monies available to the City for the purposes stated herein, pursuant to 2022 Kentucky General Assembly SB 150, impose certain obligations and responsibilities upon the City and will require, among other things: KENTUCKY: 1. Approval of a satisfactory application transmitted to DLG for approval; 2. Registration with Finance & Administration Cabinet to do business with the Commonwealth; and 3. Other obligations of the City in connection with receiving the SB 150 grant of monies for the purposes stated herein. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That a SB 150 Project Grant Application on behalf of the City and Paducah & Louisville Railway (P&L) for SB 150 monies in the amount of $100,000 for the Rockport Bridge Project shall be submitted to the Department for Local Government (DLG); the City shall provide such additional information and furnish such documentation as may be required; the Mayor shall act as the authorized correspondent for this Project; the Mayor is hereby authorized and directed to execute all documents necessary to carry out the grant application and acceptance. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. Done this I It' day of April, 2023. Motion by members present voting unanimously in favor. ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners April 11, 2023 Recorded by Lindsay Parish, City Clerk, April 11, 2023 \mo\grants\Accept — DLG P&L Railway Rockport Bridge and seconded by George Bray, Mayor Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Approve a Contract with ATA CPA's and Advisors, PLLC for Professional Audit Services for Paducah Power System - Doug Handley Category: Municipal Order Staff Work By: Jonathan Perkins, Daron Jordan, Lindsay Parish Presentation By: Doug Handley, Paducah Power System Background Information: Paducah Power is seeking to engage an accounting firm to provide an annual audit of Paducah Power System's finances. KRS Chapter 96 requires that the firm be selected by the City of Paducah on behalf of Paducah Power. In November of 2022, Paducah Power received proposals for audit services which included a proposal from ATA CPAs and Advisors PLLC. Paducah Power entered into negotiations with ATA CPAs. Paducah Power now recommends that the City of Paducah approve a the selection of ATA CPAs for professional auditing services. All costs related to the audit services will be paid by Paducah Power. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: N/A Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: 1. MO audit- PPS FY2023-2025 2. Audit firm recommendation MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING THE SELECTION OF ATA CPAS AND ADVISORS, PLLC FOR FINANCIAL AUDITS FOR THE ELECTRIC PLANT BOARD DBA PADUCAH POWER SYSTEM FOR THE FISCAL YEARS ENDING JUNE 30, 2023, 2024, AND 2025 BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah approves the selection of ATA CPAs and Advisors, PLLC for financial audits for the Electric Plant Board DBA Paducah Power System for Fiscal Years ending June 30, 2023, 2024, and 2025, in accordance with the proposal of ATA CPAs and Advisors, PLLC dated November 29, 2022, and associated contract documents. SECTION 2. That the Electric Plant Board shall pay all fees associated with this contract and proposal. 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, April 11, 2023 Recorded by Lindsay Parish, City Clerk, April 11, 2023 \mo\audit- PPS FY2023-2025 Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Approve Paducah Water's Acceptance of a Cleaner Water Program Grant with the Kentucky Infrastructure Authority for the Tank Painting and Mixing Project - J. PETERSEN Category: Municipal Order Staff Work By: Jason Petersen Presentation By: Jason Petersen Background Information: Paducah Water has received three (3) grant awards totally over $1.6 million from the Kentucky Infrastructure Authority (the "Authority") under the Cleaner Water Program for the improvement of certain facilities within the Paducah Water's water system. The improvements include: 1. Painting and mixing for the I-24 (interior only) and US 60 water tanks 2. Construction of an air stripping unit at the treatment plant 3. Addition of the West McCracken County water infrastructure to PW's hydraulic model. In order to obtain the grants from the Cleaner Water Program, Paducah Water is required to enter into grant assistance agreements for each project. Paducah Water is now requesting approval of the grant assistance agreements and authorization for the execution of the agreements and supporting documents by Jason Petersen, General Manager of Paducah Water. Further, that Jason Petersen be designated as the "Authorized Official" under the agreements. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: 1. MO pww — KIA tank painting 2023 2. Exhibit 4 Resolution for Grant 22CWW260 244427 Grant # 22CWW260 MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS TO ACCEPT THE CLEANER WATER PROGRAM GRANT AWARD AND ENTER INTO THE GRANT ASSISTANCE AGREEMENT WITH THE KENTUCKY INFRASTRUCTURE AUTHORITY IN CONNECTION WITH THE TANK PAINTING AND MIXING PROJECT WHEREAS, the Board of Commissioners of Paducah Water Works (hereinafter the "Grantee") is a political subdivision of the Commonwealth of Kentucky and an agency of the City of Paducah, Kentucky (the "City") duly established and empowered pursuant to KRS 96.320 to manage on behalf of the City the municipal water system of the City of Paducah; and WHEREAS, Paducah Water is authorized to establish, erect, construct, acquire, own, maintain, replace, and operate the municipal water system, together with extensions and necessary appurtenances thereto, within or outside the corporate limits of the City; and WHEREAS, the Kentucky General Assembly has appropriated funds for infrastructure projects in House Bill 1 of the 2022 Regular Session of the Kentucky General Assembly for the Cleaner Water Program; and WHEREAS, the Grantee has previously determined that it is in the public interest to acquire and construct certain facilities and improvements to the Grantee's utility system (the "Project"); and WHEREAS, the Grantee desires funding from the Kentucky Infrastructure Authority (the "Authority") for the purpose of acquisition and construction of the Project; and WHEREAS, in order to obtain a grant from the Cleaner Water Program for the Project, and administered by the Authority, the Grantee is required to enter into an assistance agreement (the "Agreement") with the Authority. WHEREAS, in order for the Grantee to complete the Project and obtain grant award, the Kentucky Infrastructure Authority has asked the City of Paducah, because many of the assets used and owned by the Grantee are titled in the name of the City of Paducah, to approve the Project and the Grantee's acceptance of the grant award and the Agreement, which were approved by the Board of Commissioners of Paducah Water Works at its February 22, 2023 meeting, a copy is attached hereto as Exhibit A; and WHEREAS, it is beneficial for the City of Paducah for the Grantee to complete the Proj ect. NOW, THEREFORE, IT IS HEREBY ORDERED as follows Grant # 22CWW260 SECTION 1. The City of Paducah hereby approves of the Project. SECTION 2. The City approves the Grantee's acceptance of the grant award and approves the Agreement between the Grantee and the Authority to provide the necessary funds to the Grantee for the Project. SECTION 3. That Jason Petersen, the Grantee's General Manger, is hereby designated to be the Grantee's "Authorized Official" for this Project and is hereby directed and empowered by the Grantee to execute the Agreement, related documents and agreements, and to otherwise act on behalf of the Grantee to effect such grant award. SECTION 4. The City approves the Grantee's agreement and commitments to include, by amendment to its annual budget and audit process, the receipts and expenditures of funds subject to the Agreement up to and including the date of Project closeout. SECTION 5. That this Order shall be in full force and effect on and after the date approved by the Board of Commissioners of the City of Paducah, Kentucky. ADOPTED on 2023. GEORGE BRAY, MAYOR ATTEST: City Clerk, Lindsay Parish Introduced and adopted by the Board of Commissioners, , 2023 Recorded by City Clerk, , 2023 MO\pww — KIA tank painting 2023 2 Grant # 22CWW260 CERTIFICATE OF RECORDING OFFICER I, the undersigned, hereby certify that I am the duly qualified and acting City Clerk of , and that the foregoing is a full, true and correct copy of a Resolution adopted by the governing body of said City of Paducah at a meeting duly held on , 2023; and that this official action appears as a matter of public record in the official records or journal of the City of Paducah; and that said meeting was held in accordance with all applicable requirements of Kentucky law, including Sections 61.810, 61.815, 61.820 and 61.823 of the Kentucky Revised Statutes; and that a quorum was present at the meeting; and that this official action has not been modified, amended, revoked or repealed and is now in full force and effect. IN TESTIMONY WHEREOF, witness my signature, below, on '2023. Lindsay Parish, City Clerk 3 Grant # 22CWW260 EXHIBIT A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS SEE ATTACHMENT 244423 Grant # 22CWW260 RESOLUTION RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS ACCEPTING THE GRANT, APPROVING THE GRANT ASSISTANCE AGREEMENT, AUTHORIZING THE AMENDMENT OF THE BOARD OF COMMISSIONER'S ANNUAL BUDGET, AND AUTHORIZING A REPRESENTATIVE TO SIGN ALL RELATED DOCUMENTS IN CONNECTION WITH THE TANK PAINTING AND MIXING PROJECT The following resolution was adopted by the Board of Commissioners of Paducah Water Works at its regularly scheduled meeting located at the offices of the Paducah Water on the 22"d day of February, 2023, at which meeting a quorum of the members of the Board was present: WHEREAS, the Board of Commissioners of Paducah Water Works (hereinafter the "Grantee") is a political subdivision of the Commonwealth of Kentucky and an agency of the City of Paducah, Kentucky (the "City") duly established and empowered pursuant to KRS 96.320 to manage on behalf of the City the municipal water system of the City of Paducah; and WHEREAS, the Grantee is authorized to establish, erect, construct, acquire, own, maintain, replace and operate the municipal water system, together with extensions and necessary appurtenances thereto, within or outside the corporate limits of the City; and WHEREAS, the Kentucky General Assembly has appropriated funds for infrastructure projects in House Bill 1 of the 2022 Regular Session of the Kentucky General Assembly for the Cleaner Water Program; and WHEREAS, the Grantee has previously determined that it is in the public interest to acquire and construct certain facilities and improvements to the Grantee's utility system (the "Project"); and WHEREAS, the Grantee desires funding from the Kentucky Infrastructure Authority (the "Authority") for the purpose of acquisition and construction of the Project; and WHEREAS, in order to obtain a grant from the Cleaner Water Program for the Project, and administered by the Authority, the Grantee is required to enter into an assistance agreement (the "Agreement") with the Authority. NOW, THEREFORE, BE IT RESOLVED by the governing body of the Board of Commissioners of the Paducah Water Works as follows: SECTION 1. The Grantee hereby accepts the grant award and approves the Agreement between the Grantee and the Authority to provide the necessary funds to the Grantee for the Project. SECTION 2. That Jason Petersen, Grantee's General Manager, is hereby designated to be the Grantee's "Authorized Official" for this Project and is hereby directed and empowered by 1 Grant # 22CWW260 the Grantee to execute the Agreement, related documents and agreements, and to otherwise act on behalf of the Grantee to effect such grant award, and to engage a qualified Project Administrator. SECTION 3. That the Grantee hereby agrees and commits to include, by amendment to its annual budget and audit process, the receipts and expenditures of funds subject to the Agreement up to and including the date of Project closeout. SECTION 4. That it is hereby requested that the Board of Commissioners of the City of Paducah adopt a municipal order approving the Project and ratifying and affirming any and all actions of the Grantee as set forth in this Resolution and under the Agreement. SECTION 5. That this resolution shall take effect at the earliest time provided by law. ADOPTED on February 22, 2023. BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS By J,/C�C`4� W. Edward Barker, Chair CERTIFICATE OF RECORDING OFFICER I, the undersigned, hereby certify that I am the duly qualified and acting Secretary of the Grantee, and that the foregoing is a full, true and correct copy of a Resolution adopted by the governing body of said Grantee at a meeting duly held on February 22, 2023; and that this official action appears as a matter of public record in the official records or journal of the Grantee; and that said meeting was held in accordance with all applicable requirements of Kentucky law, including Sections 61.810, 61.815, 61.820 and 61.823 of the Kentucky Revised Statutes; and that a quorum was present at the meeting; and that this official action has not been modified, amended, revoked or repealed and is now in full force and effect. IN TESTIMONY WHEREOF, witness my signature, below, on February 2 2- , 2023. ��z Secretary 2 Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Approve Paducah Water's Acceptance of a Cleaner Water Program Grant with the Kentucky Infrastructure Authority for the Air Stripping Project - J. PETERSEN Category: Municipal Order Staff Work By: Jason Petersen Presentation By: Jason Petersen Background Information: Paducah Water has received three (3) grant awards totally over $1.6 million from the Kentucky Infrastructure Authority (the "Authority") under the Cleaner Water Program for the improvement of certain facilities within the Paducah Water's water system. The improvements include: 1. Painting and mixing for the I-24 (interior only) and US 60 water tanks 2. Construction of an air stripping unit at the treatment plant 3. Addition of the West McCracken County water infrastructure to PW's hydraulic model. In order to obtain the grants from the Cleaner Water Program, Paducah Water is required to enter into grant assistance agreements for each project. Paducah Water is now requesting approval of the grant assistance agreements and authorization for the execution of the agreements and supporting documents by Jason Petersen, as General Manager of Paducah Water. Further, that Jason Petersen be designated as the "Authorized Official" under the agreements. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: 1. MO pww — KIA Air Stripping Project 2. Exhibit 4 Resolution for Grant 22CWW261 244428 Grant # 22CWW261 MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS TO ACCEPT THE CLEANER WATER PROGRAM GRANT AWARD AND ENTER INTO THE GRANT ASSISTANCE AGREEMENT WITH THE KENTUCKY INFRASTRUCTURE AUTHORITY IN CONNECTION WITH THE AIR STRIPPING PROJECT WHEREAS, the Board of Commissioners of Paducah Water Works (hereinafter the "Grantee") is a political subdivision of the Commonwealth of Kentucky and an agency of the City of Paducah, Kentucky (the "City") duly established and empowered pursuant to KRS 96.320 to manage on behalf of the City the municipal water system of the City of Paducah; and WHEREAS, Paducah Water is authorized to establish, erect, construct, acquire, own, maintain, replace, and operate the municipal water system, together with extensions and necessary appurtenances thereto, within or outside the corporate limits of the City; and WHEREAS, the Kentucky General Assembly has appropriated funds for infrastructure projects in House Bill 1 of the 2022 Regular Session of the Kentucky General Assembly for the Cleaner Water Program; and WHEREAS, the Grantee has previously determined that it is in the public interest to acquire and construct certain facilities and improvements to the Grantee's utility system (the "Project"); and WHEREAS, the Grantee desires funding from the Kentucky Infrastructure Authority (the "Authority") for the purpose of acquisition and construction of the Project; and WHEREAS, in order to obtain a grant from the Cleaner Water Program for the Project, and administered by the Authority, the Grantee is required to enter into an assistance agreement (the "Agreement") with the Authority. WHEREAS, in order for the Grantee to complete the Project and obtain grant award, the Kentucky Infrastructure Authority has asked the City of Paducah, because many of the assets used and owned by the Grantee are titled in the name of the City of Paducah, to approve the Project and the Grantee's acceptance of the grant award and the Agreement, which were approved by the Board of Commissioners of Paducah Water Works at its February 22, 2023 meeting, a copy is attached hereto as Exhibit A; and WHEREAS, it is beneficial for the City of Paducah for the Grantee to complete the Proj ect. NOW, THEREFORE, IT IS HEREBY ORDERED as follows Grant # 22CWW261 SECTION 1. The City of Paducah hereby approves of the Project. SECTION 2. The City approves the Grantee's acceptance of the grant award and approves the Agreement between the Grantee and the Authority to provide the necessary funds to the Grantee for the Project. SECTION 3. That Jason Petersen, the Grantee's General Manger, is hereby designated to be the Grantee's "Authorized Official" for this Project and is hereby directed and empowered by the Grantee to execute the Agreement, related documents and agreements, and to otherwise act on behalf of the Grantee to effect such grant award. SECTION 4. The City approves the Grantee's agreement and commitments to include, by amendment to its annual budget and audit process, the receipts and expenditures of funds subject to the Agreement up to and including the date of Project closeout. SECTION 5. That this Order shall be in full force and effect on and after the date approved by the Board of Commissioners of the City of Paducah, Kentucky. ADOPTED on 2023. GEORGE BRAY, MAYOR ATTEST: City Clerk, Lindsay Parish Introduced and adopted by the Board of Commissioners, , 2023 Recorded by City Clerk, , 2023 Mo\pww — KIA Air Stripping Project 2 Grant # 22CWW261 CERTIFICATE OF RECORDING OFFICER I, the undersigned, hereby certify that I am the duly qualified and acting City Clerk of , and that the foregoing is a full, true and correct copy of a Resolution adopted by the governing body of said City of Paducah at a meeting duly held on , 2023; and that this official action appears as a matter of public record in the official records or journal of the City of Paducah; and that said meeting was held in accordance with all applicable requirements of Kentucky law, including Sections 61.810, 61.815, 61.820 and 61.823 of the Kentucky Revised Statutes; and that a quorum was present at the meeting; and that this official action has not been modified, amended, revoked or repealed and is now in full force and effect. IN TESTIMONY WHEREOF, witness my signature, below, on '2023. Lindsay Parish, City Clerk 3 Grant # 22CWW261 EXHIBIT A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS SEE ATTACHMENT 244424 Grant # 22CWW261 RESOLUTION RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORDS ACCEPTING THE GRANT, APPROVING THE GRANT ASSISTANCE AGREEMENT, AUTHORIZING THE AMENDMENT OF THE BOARD OF COMMISSIONER'S ANNUAL BUDGET, AND AUTHORIZING A REPRESENTATIVE TO SIGN ALL RELATED DOCUMENTS IN CONNECTION WITH THE AIR STRIPPING PROJECT The following resolution was adopted by the Board of Commissioners of Paducah Water Works at its regularly scheduled meeting located at the offices of the Paducah Water on the 22"d day of February, 2023, at which meeting a quorum of the members of the Board was present: WHEREAS, the Board of Commissioners of Paducah Water Works (hereinafter the "Grantee") is a political subdivision of the Commonwealth of Kentucky and an agency of the City of Paducah, Kentucky (the "City") duly established and empowered pursuant to KRS 96.320 to manage on behalf of the City the municipal water system of the City of Paducah; and WHEREAS, the Grantee is authorized to establish, erect, construct, acquire, own, maintain, replace and operate the municipal water system, together with extensions and necessary appurtenances thereto, within or outside the corporate limits of the City; and WHEREAS, the Kentucky General Assembly has appropriated funds for infrastructure projects in House Bill I of the 2022 Regular Session of the Kentucky General Assembly for the Cleaner Water Program; and WHEREAS, the Grantee has previously determined that it is in the public interest to acquire and construct certain facilities and improvements to the Grantee's utility system (the "Project"); and WHEREAS, the Grantee desires funding from the Kentucky Infrastructure Authority (the "Authority") for the purpose of acquisition and construction of the Project; and WHEREAS, in order to obtain a grant from the Cleaner Water Program for the Project, and administered by the Authority, the Grantee is required to enter into an assistance agreement (the "Agreement") with the Authority. NOW, THEREFORE, BE IT RESOLVED by the governing body of the Board of Commissioners of the Paducah Water Works as follows: SECTION 1. The Grantee hereby accepts the grant award and approves the Agreement between the Grantee and the Authority to provide the necessary funds to the Grantee for the Project. SECTION 2. That Jason Petersen, Grantee's General Manager, is hereby designated to be the Grantee's "Authorized Official" for this Project and is hereby directed and empowered by Grant # 22CWW261 the Grantee to execute the Agreement, related documents and agreements, and to otherwise act on behalf of the Grantee to effect such grant award, and to engage a qualified Project Administrator. SECTION 3. That the Grantee hereby agrees and commits to include, by amendment to its annual budget and audit process, the receipts and expenditures of funds subject to the Agreement up to and including the date of Project closeout. SECTION 4. That it is hereby requested that the Board of Commissioners of the City of Paducah adopt a municipal order approving the Project and ratifying and affirming any and all actions of the Grantee as set forth in this Resolution and under the Agreement. SECTION 5. That this resolution shall take effect at the earliest time provided by law. ADOPTED on February 22, 2023. BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS By W. Edward Barker, Chair CERTIFICATE OF RECORDING OFFICER I, the undersigned, hereby certify that I am the duly qualified and acting Secretary of the Grantee, and that the foregoing is a full, true and correct copy of a Resolution adopted by the governing body of said Grantee at a meeting duly held on February 22, 2023; and that this official action appears as a matter of public record in the official records or journal of the Grantee; and that said meeting was held in accordance with all applicable requirements of Kentucky law, including Sections 61.810, 61.815, 61.820 and 61.823 of the Kentucky Revised Statutes; and that a quorum was present at the meeting; and that this official action has not been modified, amended, revoked or repealed and is now in full force and effect. IN TESTIMONY WHEREOF, witness my signature, below, on February ZZ- , 2023. Se retary 2 I], 1 Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Approve Paducah Water's Acceptance of a Cleaner Water Program Grant with the Kentucky Infrastructure Authority for the Hydraulic Model Update Project in West McCracken County - J. PETERSEN Category: Municipal Order Staff Work By: Jason Petersen Presentation By: Jason Petersen Background Information: Paducah Water has received three (3) grant awards totally over $1.6 million from the Kentucky Infrastructure Authority (the "Authority") under the Cleaner Water Program for the improvement of certain facilities within the Paducah Water's water system. The improvements include: 1. Painting and mixing for the I-24 (interior only) and US 60 water tanks 2. Construction of an air stripping unit at the treatment plant 3. Addition of the West McCracken County water infrastructure to PW's hydraulic model. In order to obtain the grants from the Cleaner Water Program, Paducah Water is required to enter into grant assistance agreements for each project. Paducah Water is now requesting approval of the grant assistance agreements and authorization for the execution of the agreements and supporting documents by Jason Petersen, as General Manager of Paducah Water. Further, that Jason Petersen be designated as the "Authorized Official" under the agreements. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: 1. MO pww — KIA Hydraulic Model Project 2023 2. Exhibit 4 Resolution for Grant 22CWW262 244429 Grant # 22CWW262 MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS TO ACCEPT THE CLEANER WATER PROGRAM GRANT AWARD AND ENTER INTO THE GRANT ASSISTANCE AGREEMENT WITH THE KENTUCKY INFRASTRUCTURE AUTHORITY IN CONNECTION WITH THE HYDRAULIC MODEL UPDATE PROJECT IN WEST MCRACKEN COUNTY WHEREAS, the Board of Commissioners of Paducah Water Works (hereinafter the "Grantee") is a political subdivision of the Commonwealth of Kentucky and an agency of the City of Paducah, Kentucky (the "City") duly established and empowered pursuant to KRS 96.320 to manage on behalf of the City the municipal water system of the City of Paducah; and WHEREAS, Paducah Water is authorized to establish, erect, construct, acquire, own, maintain, replace, and operate the municipal water system, together with extensions and necessary appurtenances thereto, within or outside the corporate limits of the City; and WHEREAS, the Kentucky General Assembly has appropriated funds for infrastructure projects in House Bill 1 of the 2022 Regular Session of the Kentucky General Assembly for the Cleaner Water Program; and WHEREAS, the Grantee has previously determined that it is in the public interest to acquire and construct certain facilities and improvements to the Grantee's utility system (the "Project"); and WHEREAS, the Grantee desires funding from the Kentucky Infrastructure Authority (the "Authority") for the purpose of acquisition and construction of the Project; and WHEREAS, in order to obtain a grant from the Cleaner Water Program for the Project, and administered by the Authority, the Grantee is required to enter into an assistance agreement (the "Agreement") with the Authority. WHEREAS, in order for the Grantee to complete the Project and obtain grant award, the Kentucky Infrastructure Authority has asked the City of Paducah, because many of the assets used and owned by the Grantee are titled in the name of the City of Paducah, to approve the Project and the Grantee's acceptance of the grant award and the Agreement, which were approved by the Board of Commissioners of Paducah Water Works at its February 22, 2023 meeting, a copy is attached hereto as Exhibit A; and WHEREAS, it is beneficial for the City of Paducah for the Grantee to complete the Proj ect. Grant # 22CWW262 NOW, THEREFORE, IT IS HEREBY ORDERED as follows SECTION 1. The City of Paducah hereby approves of the Project. SECTION 2. The City approves the Grantee's acceptance of the grant award and approves the Agreement between the Grantee and the Authority to provide the necessary funds to the Grantee for the Project. SECTION 3. That Jason Petersen, the Grantee's General Manger, is hereby designated to be the Grantee's "Authorized Official" for this Project and is hereby directed and empowered by the Grantee to execute the Agreement, related documents and agreements, and to otherwise act on behalf of the Grantee to effect such grant award. SECTION 4. The City approves the Grantee's agreement and commitments to include, by amendment to its annual budget and audit process, the receipts and expenditures of funds subject to the Agreement up to and including the date of Project closeout. SECTION 5. That this Order shall be in full force and effect on and after the date approved by the Board of Commissioners of the City of Paducah, Kentucky. ADOPTED on .2023. GEORGE BRAY, MAYOR ATTEST: City Clerk, Lindsay Parish Introduced and adopted by the Board of Commissioners, , 2023 Recorded by City Clerk, , 2023 Mo\pww — KIA Hydraulic Model Project 2023 2 Grant # 22CWW262 CERTIFICATE OF RECORDING OFFICER I, the undersigned, hereby certify that I am the duly qualified and acting City Clerk of , and that the foregoing is a full, true and correct copy of a Resolution adopted by the governing body of said City of Paducah at a meeting duly held on , 2023; and that this official action appears as a matter of public record in the official records or journal of the City of Paducah; and that said meeting was held in accordance with all applicable requirements of Kentucky law, including Sections 61.810, 61.815, 61.820 and 61.823 of the Kentucky Revised Statutes; and that a quorum was present at the meeting; and that this official action has not been modified, amended, revoked or repealed and is now in full force and effect. IN TESTIMONY WHEREOF, witness my signature, below, on '2023. Lindsay Parish, City Clerk 3 Grant # 22CWW262 EXHIBIT A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS SEE ATTACHMENT 244425 Grant # 22CWW262 RESOLUTION RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS ACCEPTING THE GRANT, APPROVING THE GRANT ASSISTANCE AGREEMENT, AUTHORIZING THE AMENDMENT OF THE BOARD OF COMMISSIONER'S ANNUAL BUDGET, AND AUTHORIZING A REPRESENTATIVE TO SIGN ALL RELATED DOCUMENTS IN CONNECTION WITH THE HYDRAULIC MODEL UPDATE PROJECT IN WEST MCRACKEN COUNTY The following resolution was adopted by the Board of Commissioners of Paducah Water Works at its regularly scheduled meeting located at the offices of the Paducah Water on the 22nd day of February, 2023, at which meeting a quorum of the members of the Board was present: WHEREAS, the Board of Commissioners of Paducah Water Works (hereinafter the "Grantee") is a political subdivision of the Commonwealth of Kentucky and an agency of the City of Paducah, Kentucky (the "City") duly established and empowered pursuant to KRS 96.320 to manage on behalf of the City the municipal water system of the City of Paducah; and WHEREAS, the Grantee is authorized to establish, erect, construct, acquire, own, maintain, replace and operate the municipal water system, together with extensions and necessary appurtenances thereto, within or outside the corporate limits of the City; and WHEREAS, the Kentucky General Assembly has appropriated funds for infrastructure projects in House Bill 1 of the 2022 Regular Session of the Kentucky General Assembly for the Cleaner Water Program; and WHEREAS, the Grantee has previously determined that it is in the public interest to acquire and construct certain facilities and improvements to the Grantee's utility system (the "Project"); and WHEREAS, the Grantee desires funding from the Kentucky Infrastructure Authority (the "Authority") for the purpose of acquisition and construction of the Project; and WHEREAS, in order to obtain a grant from the Cleaner Water Program for the Project, and administered by the Authority, the Grantee is required to enter into an assistance agreement (the "Agreement") with the Authority. NOW, THEREFORE, BE IT RESOLVED by the governing body of the Board of Commissioners of the Paducah Water Works as follows: SECTION 1. The Grantee hereby accepts the grant award and approves the Agreement between the Grantee and the Authority to provide the necessary funds to the Grantee for the Project. SECTION 2. That Jason Petersen, Grantee's General Manager, is hereby designated to be the Grantee's "Authorized Official" for this Project and is hereby directed and empowered by Grant # 22CWW262 the Grantee to execute the Agreement, related documents and agreements, and to otherwise act on behalf of the Grantee to effect such grant award, and to engage a qualified Project Administrator. SECTION 3. That the Grantee hereby agrees and commits to include, by amendment to its annual budget and audit process, the receipts and expenditures of funds subject to the Agreement up to and including the date of Project closeout. SECTION 4. That it is hereby requested that the Board of Commissioners of the City of Paducah adopt a municipal order approving the Project and ratifying and affirming any and all actions of the Grantee as set forth in this Resolution and under the Agreement. SECTION 5. That this resolution shall take effect at the earliest time provided by law. ADOPTED on February 22, 2023. BOARD OF COMMISSIONERS OF THE PADUCAH WATER WORKS By W. Edward Barker, Chair CERTIFICATE OF RECORDING OFFICER I, the undersigned, hereby certify that I am the duly qualified and acting Secretary of the Grantee, and that the foregoing is a full, true and correct copy of a Resolution adopted by the governing body of said Grantee at a meeting duly held on February 22, 2023; and that this official action appears as a matter of public record in the official records or journal of the Grantee; and that said meeting was held in accordance with all applicable requirements of Kentucky law, including Sections 61.810, 61.815, 61.820 and 61.823 of the Kentucky Revised Statutes; and that a quorum was present at the meeting; and that this official action has not been modified, amended, revoked or repealed and is now in full force and effect. IN TESTIMONY WHEREOF, witness my signature, below, on February ZZ , 2023. Sec etary 2 7... Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Approve the Agreement between the City of Paducah and the Professional Fire Fighters of Paducah, Local 168, International Association of Fire Fighters - S. WILCOX Category: Ordinance Background Information: Staff Work By: Stefanie Wilcox Presentation By: Stefanie Wilcox The City of Paducah and The Professional Fire Fighters of Paducah — Local 168 Summary of Contract Changes Article 5 — Payroll Deduction of Dues • Language is deleted to coincide with the right to work language for the state. Article 8 — Exchange of Duties and Union Business Leave • Language added to allow for workback to discontinue if the employee is not following policy. Article 9 — Workweek and Overtime Added double time for up to 6 hours related to emergency incidents when an employee is called in for a structure fire, natural disaster, technical rescue deployment, or hazmat deployment. Article 10 — Clothing Allowance • The uniform allowance is increased from $900 to $1,250; distributed in two equal installments. • Equipment items have been removed from the union agreement and will be quarter mastered by administration. Article 11— Vacations • Vacation accruals have been increased by two hours per month for each level based on years of service. The following table shows the illustrated changes: Beginning Year Through Previous Accrual Hours Previous Total Shifts per Year New Accrual Hours New Total Shifts per Year 1St year 3rd year 10 5 12 6 4th year 10th year 12 6 14 7 lith year 15th year 14 7 16 8 16th year 20th year 16 8 18 9 21St year 25th year 18 9 20 10 26th j 20 10 22 11 • The prepared schedule for selecting vacation slots will be updated to contain 17 leave slots. The leave slots will have 7 (24 hour) shifts. The slot language has been updated to designate individual slots to allow for more flexibility in the ability to use vacation time as needed and ease administration of scheduling vacations. • After fifteen years of service, a firefighter can bank up to two unscheduled vacation days in their bank. This is an increase from the previous one day amount. Article 12 — Holidays • Added Juneteenth to the contract increasing Holidays from 11 total to 12 total per year. • A member of the bargaining unit that works on a holiday should receive two times their hourly rate for an additional 12 hours. This is increased from the previous eight hours, but they must work the full 12 hours to receive the double-time pay. Article 16 — Acting Pay • Acting pay will be temporarily assigned when a position of higher responsibility than the position the employee currently holds due to a vacancy created by an employee retiring, resigning, terminated or an illness/injury that is foreseen to take more than 10 consecutive 24 hours shifts to return to full - duty. Filling vacation, sick, or other temporary absences on a shift will not count towards acting pay. • Section 2 of Acting Pay refers to additional pay received by Captains filling in for Assistant Chiefs. These amounts are being increased from $0.80 per hour to $0.95 per hour total, changing the 92 rate from $0.15 to $0.25, and 43 from $0.05 to $0.10 per hour. Article 20 — Health and Safety Agility tests will be performed between July 1st and September 30th of each year with the incentive payable in the second pay period of October of each year. The incentive amount for successful completion will be $300 per year, increasing from $250. The payments may be contributed to either the employees' Health Savings Account or Deferred Compensation account, depending on their eligibility. Article 27 — Wage Rates • Cost of living adjustments (COLAS) will be as follows - FY24 6%, FY25 4%, FY26 3%. No increases to the base rates were provided. • Each member of the collective bargaining unit shall receive longevity pay as set by the City for all eligible City employees. • The Fire Department's specialty teams, defined as Technical Rescue, Water Rescue, and Hazmat Teams, as designated by the Fire Chief, will receive bi-weekly specialty pay in the amount of forty dollars ($40) per bi- weekly pay period. • Honor Guard, Peer Support, or other similar skills determined by the fire Chief shall receive ten dollars ($10) per bi-weekly pay period for skills utilized by the City outside of the regular assignment. Sick Policy Change The City agrees to update the sick policy to allow the members of the collective bargaining unit to have up to six (6) undocumented absences before disciplinary action is taken. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve the recommended contract changes for the IAFF Agreement effective July 1, 2023. Attachments: 1. ORD - IAFF 2023-2026 2. 2023 IAFF Contract FINAL ORDINANCE NO. 2023 - AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND PROFESSIONAL FIRE FIGHTERS OF PADUCAH, LOCAL 168, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute an Agreement with the Professional Fire Fighters of Paducah, Local 168, International Association of Fire Fighters. SECTION 2. This Agreement shall be effective from July 1, 2023, through June 30, 2026. 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, March 28, 2023 Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, Published by The Paducah Sun, \ord\fire\IAFF 2023-2026 AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PROFESSIONAL FIRE FIGHTERS OF PADUCAH, LOCAL 168, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS Effective July 1, 2023 through June 30, 2026 IAFF Contract 3/14/2023 Page 1 Table of Contents PREAMBLE.................................................................................................................................................. 3 ARTICLE 1 DEFINITIONS.................................................................................................................. 3 ARTICLE 2 RECOGNITION................................................................................................................ 3 ARTICLE 3 MANAGEMENT RIGHTS................................................................................................ 3 ARTICLE 4 PUBLIC OBLIGATION.................................................................................................... 4 ARTICLE 5 PAYROLL DEDUCTIONS OF DUES............................................................................... 5 ARTICLE 6 NON-DISCRIMINATION.................................................................................................6 ARTICLE 7 DISCIPLINARY ACTION................................................................................................. 6 ARTICLE 8 EXCHANGE OF DUTIES AND UNION BUSINESS LEAVE ............................................ 6 ARTICLE 9 WORKWEEK AND OVERTIME...................................................................................... 7 ARTICLE 10 CLOTHING ALLOWANCE..........................................................................................8 ARTICLE 11 VACATIONS.................................................................................................................9 ARTICLE 12 HOLIDAYS.................................................................................................................11 ARTICLE 13 SENIORITY................................................................................................................11 ARTICLE 14 HEALTH INSURANCE...............................................................................................12 ARTICLE 15 LIFE INSURANCE.....................................................................................................13 ARTICLE 16 ACTING PAY.............................................................................................................14 ARTICLE 17 SICK LEAVE AND PAY.............................................................................................14 ARTICLE 18 BENEFITS FOR INJURY IN THE LINE OF DUTY RESULTING IN WORKERS' COMPENSATION..................................................................................................................................16 ARTICLE 19 TRANSITIONAL DUTY............................................................................................17 ARTICLE 20 HEALTH AND SAFETY............................................................................................17 ARTICLE 21 LABOR/MANAGEMENT MEETINGS......................................................................18 ARTICLE 22 WORK RULES...........................................................................................................19 ARTICLE 23 APPENDICES AND AMENDMENTS........................................................................19 ARTICLE 24 CONCESSION ALLOWANCE.................................................................................... 20 ARTICLE 25 SAVINGS CLAUSE..................................................................................................... 20 ARTICLE 26 GRIEVANCE PROCEDURE....................................................................................... 20 ARTICLE 27 WAGE RATES........................................................................................................... 21 ARTICLE 28 CONTINUANCE OF EXISTING MONETARY RIGHTS ........................................... 24 ARTICLE 29 DURATION................................................................................................................ 24 IAFF Contract 3/14/2023 Page 2 IWRDr.11u1:11 0 Whereas a referendum was held and whereas the City of Paducah, hereinafter referred to as the "City", and the Professional Fire Fighters of Paducah, Local 168, International Association of Fire Fighters, hereinafter referred to as the "Union" have met and conferred, the parties agree to maintain and promote harmonious relations between the City and Union, in order that efficient and progressive public service may be rendered, as follows: /.11949 ]91 DR= 11 D1IIkiIVID] 0P The parties agree that whenever in this Agreement a term such as "fire fighter", "fireman", "employees of the Fire Department", "employees", or "members of the platoon" is used, the term refers to those personnel expressly included in the bargaining unit as set out in Article II, Recognition, and further this Agreement in no manner whatsoever has any effect on the wages, hours, and working conditions of other City personnel. The parties agree that whenever in this Agreement the term "City" is used, the term refers to whomever the Board of Commissioners has designated to exercise the right or discharge the obligation in question. ARTICLE 2 RECOGNITION The City hereby recognizes the Union as the exclusive collective bargaining representative for all employees of the Fire Department of the City of Paducah in the classifications of Firefighter, Lieutenant, Captain, and excluding the Fire Chief, Assistant Fire Chiefs, Training Officer, Fire Marshal, Deputy Fire Marshal, administrative clerical personnel, probationary employees and excluding any non-uniform personnel. ARTICLE 3 MANAGEMENT RIGHTS Sectionl. Except as expressly modified by a specific provision of this Agreement, the City retains its sole and exclusive rights to operate and manage its affairs in all respects. The exclusive rights of the City which are not abridged by this Agreement include, but are not limited to, its right to hire and to be the sole judge of qualifications of applicants. The City has the right to direct the working forces, to discipline or discharge for just cause, to establish, maintain and modify departmental rules and procedures; to lay off and recall; to be the judge of whom to promote and the methods and procedures for promotions; to assign work; to transfer employees from one station to another in a manner most advantageous to the City; to contract and to subcontract with outside contractors; to establish, modify or change manning of apparatus, amount of apparatus in the fleet, etc.; the right to direct the members of the Fire Department, including the right to hire, promote, or transfer any employee; the right to organize and reorganize the Fire Department in any manner permitted by law including the size of the Fire Department and the determination of job classifications; the right to determine the method and frequency of pay, the allocation and assignment of work to employees within the Fire Department in a manner most advantageous to the City; to introduce new, improved or different methods and techniques of operation or to change existing methods and techniques of operation; to establish basic in-service training programs and requirements of upgrading the skills of employees with adequate training; to determine the location, methods, means and personnel by which operations are to be IAFF Contract 3/14/2023 Page 3 conducted; to establish, implement and maintain an internal security practice; to schedule overtime above that called for in Section 1 of Article 9, vacations, days off and holidays off; to determine rank based upon the duties assigned; to take whatever actions may be necessary to carry out the mission of the City in dire emergency situations. Section 2. Failure by the City to exercise any of its rights shall not constitute a waiver of that right. The above rights and powers are vested in the City; however, the exercise of these rights shall be subject to the grievance procedure as expressly modified by the terms of this Agreement. Section 3. Promotions Recommendations to the City Commission for Promotion to the ranks of Captain and Lieutenant will be based on a weighing of evaluation of each Candidate's: Annual Evaluations Job Performance Leadership Initiative Personnel Record Assistant Chiefs' Comments Resume Education and Continuing Education Interview Board ranking and notes Seniority After a promotion is made the Chief will provide on the request of any candidate not selected for promotion a written summary of the candidates strengths and areas for improvement that were weighted in considering the candidate for promotion. This content of the summary is not subject to the grievance procedure. Section 4. Reductions -in -force: The City agrees that any changes in the organizational Ordinance and/or Municipal Order for the Fire Department by the City Commission that results in a reduction -in -force of employees represented by Local 168 of the IAFF will require a thirty (30) day advance written notice to the Union. The purpose of the advance notice is to give the Union opportunity to comment publicly to the Commission. Temporary lay-offs due to budget shortfalls are not covered by this provision. ARTICLE 4 PUBLIC OBLIGATION Section 1. The Union shall not strike during the term of this Agreement. IAFF Contract 3/14/2023 Page 4 Section 2. Further, in consideration of this Agreement, the City shall not lock out its employees of the Fire Department during the term of this Agreement. Section 3. Any member of the Bargaining Unit, who during the term of this Agreement participates in a strike against the City of Paducah shall be deemed to have breached the terms of this contract and shall further be deemed to be guilty of misconduct. Any person participating in such a strike in the Paducah Fire Department will not receive pay or compensation from the City during the period he is engaged in the strike. Any person participating in such a strike shall be subject to disciplinary action under the provisions of KRS Chapter 95. Section 4. If the members of Local 168 engage in a strike against the City of Paducah during the term of this Agreement, then it shall cease to be recognized as the exclusive representative of the employees and shall be ineligible to act as their exclusive representative for a period of two years following the end of the strike. In addition, the City shall be under no further obligation to make payroll deductions for union dues for a period of two years following the end of the strike. Section 5. "Strike" means an employee's refusal, in concerted action with others, to report for duty, or willful absence from the position, or stoppage of work, or abstinence in whole or in part from the proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing, or protesting a change in the wages, hours, or other terms and conditions of employment, provided however, a strike shall not mean an effort by an individual member of Local 168 who attempts, without Union authorization, to influence, coerce, or change wages, hours, or other terms and conditions of employment. ARTICLE 5 PAYROLL DEDUCTIONS OF DUES Section 1. Employees of the Fire Department on the effective date of this agreement or employed thereafter, shall have the option of becoming members of the Union after completion of Recruit School and promotion to the status of Firefighter. The Employer agrees to deduct, once each month, dues and assessments in an amount certified to be current by the Secretary -Treasurer of the Local Union from the pay of those employees who individually request in writing that such deductions be made. The total amount of the deductions shall remain in full force and effect during the term of this Agreement. Section 2. The Union shall hold the City harmless against any and all claims, demands, suits or other forms of liability that arise out of or by reason with action taken by the City in reliance upon employee payroll deduction authorization forms submitted by the Union to the City. Section 3. IAFF Contract 3/14/2023 Page 5 The City shall provide each member of the Union's Executive Board with a copy of this Agreement and the Union agrees to provide the City with a roster of the names of its Executive Board, their addresses, and telephone numbers. The Union also agrees to notify, in writing, the City within five (5) days upon the day that any change in the members of the Executive Board occurs. "Addendum — Notwithstanding anything to the contrary therein, this section shall not be applicable if any part thereof shall be in conflict with applicable State Law; provided, however, that if all of any part of this section becomes permissible by virtue of a change in applicable State Law, whether by legislative of judicial action, the provisions of this section held valid shall immediately apply. ARTICLE 6 NON-DISCRIMINATION Section 1. The City agrees not to restrain or coerce any employee because of any authorized employee activity in an official capacity on behalf of the Union. Section 2. The Union agrees not to interfere with the rights of employees to not become members of the Union, and there shall be no unlawful disparate treatment, restraint or coercion by the Union or its representatives against any employee exercising the right to abstain from membership in the Union or involvement in Union activities. Section 3. All references to employees in this Agreement designate both sexes, and wherever the male gender is used, it shall be construed to include male and female employees. ARTICLE 7 DISCIPLINARY ACTION The parties hereto agree that all disciplinary matters will be governed by the provisions of KRS 95, provided however; an employee may voluntarily accept discipline, discharge, or demotion in lieu of having charges preferred against them under the provisions of KRS 95. Any disciplinary action the City takes that is covered by KRS 95 will not be subject to the Grievance Procedure. ARTICLE 8 EXCHANGE OF DUTIES AND UNION BUSINESS LEAVE Section 1. Upon approval of the Chief of the Department, or to the Assistant Chiefs to whom the Chief has delegated the authority, employees may exchange duty by "trading time" with each other on a voluntary basis in instances including, but not limited to, situations where a member has depleted their paid leave allowances and continues to be unable to return to duty; attendance at professional or Union conferences and schools, any official Union business, and such other situations where the member's absence could not otherwise be compensated for purely personal reasons. Work back and exchange of duties, as provided for herein shall in no way result in credit for extra compensation for the one performing the duty in the form of overtime or other provisions for increased pay. The approval of the IAFF Contract 3/14/2023 Page 6 Chief of the Department or the Assistant Chiefs to whom the Chief has delegated the authority shall not be unreasonably withheld. Both employees involved in the exchange of duty must follow the City's procedure which limits the number of "trading time's" to eighteen 24 hour exchanges (432 hours) annually each for personal use and for union business leave. Sick time work back is defined further under Section 2. The Chief will maintain records of all exchanges and work back and verify compliance with City record-keeping requirements and 29 USC par 207 (p) 3, 803 KAR 1:063, KRS 337.020 and others as they become applicable. Section 2. An employee who has exhausted their paid leave due to an extended sick leave absence from illness or non -work related injury and had as much as two-thirds (2/3) of their earned sick leave available at the beginning of the absence qualifies for up to six (6) months of work place coverage from qualified employees who agree to voluntarily work or donate unused vacation time (as long as no overtime is predicted to be needed to maintain minimum staffing as contained in City policy and can't be granted any earlier than 72 hours before the start of the covered shift) as their replacement. The employee who is absent due to illness/injury will be paid and the voluntary replacement will not receive compensation from the City or will have vacation time deducted if approved. Under unusual circumstances where a member does not have 2/3 of their sick time available at the beginning of the absence who does not qualify for sick time work back, the affected employee can petition through a labor management meeting to qualify for sick time work back. In the event the employee being covered by work back does not comply with the City's return to work policies (203-203.3), the union body and / or the City has the right to discontinue work back coverage. Section 3. The City agrees that members of the Union negotiating team, but in no event more than three (3) employees, shall, if on duty, be allowed to participate in negotiations without loss of pay for up to a total of ninety (90) hours compensated (each employee participating while in a work status will have their hours counted toward the total 90 hours allowed) for negotiations sessions mutually agreed to by the City. Nothing herein prevents additional negotiating sessions between the City and the Union except that the City will not be responsible for loss of wages beyond that previously described. Section 4. The City agrees that a Union representative and one grievant, regardless of whether more than one employee of the Fire Department is involved in the grievance, shall be allowed time off to attend any meeting held pursuant to the grievance procedure (Steps 1 through 4) in Article 26 of this Agreement without loss of pay if on duty. ARTICLE 9 WORKWEEK AND OVERTIME Section 1. The Fire Department shall be divided into three platoons. Each platoon shall be on duty for twenty-four (24) consecutive hours, after which the platoon serving twenty-four (24) hours on duty shall be allowed to remain off duty for forty-eight (48) consecutive hours except in cases of dire emergency. Section 2. The change time or designated time that each platoon shall change shifts shall be at 6:40 a.m. each day. IAFF Contract 3/14/2023 Page 7 Section 3. All hours worked in excess of forty (40) hours per week shall be compensated for at a rate of one and one-half times the regular straight -time hourly rate. Section 4. a) When an employee is called in and required to work overtime, he shall receive a minimum of six (6) hours of compensation at one and one-half their regular straight -time hourly rate, regardless of whether such employee worked a full six (6) hours or not. When an employee is called in and required to work overtime in the event of an emergency incident outlined as a structure fire, natural disaster, technical rescue deployment, water rescue deployment, or Hazmat deployment, said employee shall receive a minimum of six (6) hours of compensation at double their regular straight -time hourly rate for the first six (6) hours. In the event the employee works beyond six (6) hours during the same overtime period, said employee shall receive time and one-half pay for each hour or part of an hour after the six (6) hour period expires (partial hour worked shall be considered a full hour). b) An employee required to work beyond the end or before their regularly scheduled work shift shall receive overtime compensation for the actual hours worked at one and one-half the employee's regular straight -time hourly rate before and after each shift. In the event the employee works beyond two (2) hours, the employee shall receive four (4) hours overtime at one and one-half their regular straight -time hourly rate. In the event the employee works beyond four (4) hours during the same overtime period, said employee shall receive time and one-half pay for each hour or part of an hour after the four (4) hour period expires (partial hours worked shall be considered a full hour) c) Employees voluntarily accepting overtime scheduled by the end of their previously scheduled work shift shall receive a four (4) hour guarantee of overtime at one and one-half times their regular straight - time hourly rate. This provision does not have any impact on working into the beginning of an employees scheduled work shift and a partial hour worked shall be considered a full hour. d) Employees voluntarily accepting overtime to participate in an administrative capacity or to assist with training shall receive overtime compensation for 2 hours minimum at one-half times their regular straight -time hourly rate. This provision does not have any impact on working into the beginning of an employee's scheduled work shift and a partial hour worked shall be considered a full hour. e) In the event that a member of the bargaining unit is subpoenaed to testify in a court of competent jurisdiction for reasons directly relating to their official capacity with the Fire Department while off duty, they shall be compensated as set forth in this Section. Section 5. There shall be no pyramiding of overtime. Section 6. Payroll shall be biweekly. ARTICLE 10 CLOTHING ALLOWANCE IAFF Contract 3/14/2023 Page 8 The Fire Chief shall determine the appropriate uniform to be worn by bargaining unit employees and employees shall be required to be in proper uniform while on duty. The City, by a vendor credit system, will provide $1250 per employee to be distributed in two installments, $625 on January 1 and $625 on July 1 of each year, with the exception of employees with less than 1 year of service. An employee with less than one year of service will start receiving the January 1 and July 1 installments after they have completed 8 months of employment. Any remaining balance in an employee's uniform account on December 31 may be carried over. Each fire fighter will be able to purchase required clothing as needed in keeping with purchasing procedures established by the City and policies of the department established by the Fire Chief. The City at no cost to the Firefighter will replace Clothing/accessories torn or damaged during the performance of the Firefighter duties. Equipment items approved by the Chief will be Quartered mastered by the Fire Administration staff at no cost to the employee. ARTICLE 11 VACATIONS Section 1. All platoon employees working shifts of 24 hours on duty and 48 hours off duty shall receive vacation time as follows, based upon the number of years of service completed: A. From the beginning of employment — End of the 3rd year - the accrual rate shall be 12 hours per month for a total of six (6) twenty-four (24) hour shift days. B. From the beginning of the 4th year — End of the 10th year - the accrual rate shall be 14 hours per month, for a total of seven (7) twenty-four (24) hour shift days per year. C. From the beginning of the 11th year — End of the 15th year - the accrual rate shall be 16 hours per month for a total of eight (8) twenty-four hour shift days per year. D. From the beginning of the 16th year — End of the 20th year - the accrual rate shall be 18 hours per month for a total of nine (9) twenty-four hour shift days per year. E. From the beginning of the 21st year — End of the 25th year - the accrual rate shall be 20 hours per month for a total of ten (10) twenty-four hour shift days per year. F. From the beginning of the 26th year - the accrual rate shall be 22 hours per month for a total of eleven (11) twenty-four hour shift days per year. Vacation pay for platoon personnel shall be computed at the member's rate of pay times the hours absent during the pay period, and full credit shall be given for regular and overtime pay as if the member had actually worked their scheduled shift of 24 hours on duty and 48 hours off duty. Each member may accrue up to a maximum of twenty-five (25) days of vacation pursuant to the provisions of Section 4 of this Article. Section 2. No member of the bargaining unit shall be entitled to take more than their annual leave as defined by Section 1 or Section 2 above. Section 3. The Fire Chief will prepare a schedule for vacations and holiday leave time. The schedule will contain 17 leave slots. Each leave slot will contain seven (7) — twenty-four (24) hour shifts. Four (4) slots will IAFF Contract 3/14/2023 Page 9 contain three (3) individual slots. The rest will be filled with two (2) individual slots. One slot containing two (2) individual slots will increase to a three (3) individual slot each time staffing rises by one (1) member over twenty-one (21) on each crew. The first week in December the Fire Chief shall bid vacation leave by seniority on each crew until the youngest member in seniority has chosen. Then by seniority holiday leave is chosen until youngest employee has been chosen. Members of the bargaining unit with fifteen (15) years of service shall have accrued vacation time not taken in the year accrued placed in a vacation bank. The maximum hours to be accumulated in the vacation bank is 600 hours for platoon employees. Time in the vacation bank shall be used only in case of extended disability when an employee has used all of their sick leave. No employee with less than fifteen (15) years of service will be permitted to put time in the vacation bank, except employees with between ten (10) and fifteen (15) years of service may place their two (2) unscheduled days in the vacation bank. Once the employee's vacation bank reaches 600 hours, the employee will be required to schedule their vacation in the year in which it is accrued. Failure of the employee to request said vacation time shall result in the loss of that vacation. Section 4. Members of the bargaining unit may trade vacation time with the approval of the Fire Chief or the Assistant Chief to whom the Chief has delegated the authority. Section 5. Upon the termination of employment with the City a member of the bargaining unit shall be paid for all accrued and unused vacation time using the blended hourly rate up to the maximum amounts permitted to be accrued under the provisions of Section 1 and Section 2 above. An example of how the blended hourly rate is calculated is as follows: Blended Rate Calculation: 18.90 Regular rate 2,080.00 Regular hours per year 39,312.00 A 28.35 O/T rate 832.00 Scheduled O/T hours per year 23, 587.20 B 62, 899.20 A + B 2,912.00 Total hours worked 21.60 Blended rate Section 6. Notwithstanding any of the above provisions, any vacation hours accrued during the year that equal less than 24 hours (hours accrued due to an increase in years of service) or in unusual situations whereby the fire fighter is unable to utilize earned vacation hours during the year, he may be allowed to temporarily IAFF Contract 3/14/2023 Page 10 increase their accrued vacation balance in excess of the 600 hours, regardless of the years of service, with the approval of the Fire Chief. These hours should be taken in the next calendar year, if possible. Section 1. Members of the Fire Department working as a member of a platoon performing duty in shifts of 24 hours on duty and 48 hours off duty shall be given the holidays listed in Section 2 with a credit of 2 holidays per 24 hour shift and they shall be compensated for such holidays at their average earnings including regular and overtime pay for a 56 -hour workweek. Holidays will be scheduled as described in Article 11, Section 4. Section 2. All members of the bargaining unit within the Fire Department shall receive the following 12 holidays: New Year's Eve New Year's Day Martin Luther King Jr. Day Memorial Day (Monday Observance) Juneteenth Independence Day Labor Day Thanksgiving Day The day immediately following Thanksgiving Day Christmas Eve Christmas Day Personal Day (July 1) Section 3. A Personal day shall be part of the 12 holidays granted each calendar year, but shall be scheduled as July 1. Section 4. Whenever a member of the bargaining unit works on a legal holiday, the said member(s) shall be paid two (2) times their hourly rate of pay for an additional twelve (12) hours for working on said holiday. In order to receive holiday pay, a bargaining unit member must work twelve (12) hours on said holiday. In the instance of exchange of duty, the employee whose shift is being worked will receive the holiday pay. A legal holiday is defined as any of the holidays set forth in Article 12, Section 2. Section 5. Whenever the City Commission designates a City-wide holiday in addition to those mentioned in Section 2 above, members of the bargaining unit shall be granted an additional holiday and compensated as described in Section 1 above. Closing of city offices due to weather or other emergencies are not considered a holiday. ARTICLE 13 SENIORITY IAFF Contract 3/14/2023 Page 11 In the case of a personnel reduction, the employee with the least seniority shall be laid off first. Time in the Fire Department shall be given the utmost consideration. No new employee shall be hired until the laid -off employee has been given the opportunity to return to work. /.1IVWton aElIva 1D/.1NY0I1►Rill .7.109]M The City will continue to offer a group health insurance plan "Plan" to all full-time employees and/or retirees who qualify for and participate in the City's Plan, whereby participation is defined under the terms and conditions set forth during each annual renewal period or any intervening period as permitted by the summary plan description. Section 1. If during the term of this agreement, the City chooses to maintain its grandfathered status for the City's self-funded insurance plan in place as of March 23, 2010, it agrees to adhere to the following prescribed mandates currently in effect, in addition to any other limitations imposed by the 2010 Healthcare Reform Legislation as adopted and considering any future amendments, unless repealed: a) Elimination of Benefits- The City agrees not to eliminate all or substantially all benefits to diagnose or treat a particular condition under the "Plan." b) Increase in Percentage Cost -Sharing- The City agrees not to increase (measured from March 23, 2010) the percentage cost-sharing (e.g., an increase in co-insurance paid by covered employees). C) Increases in Fixed -Amount Cost -Sharing- The City agrees to adhere to the regulations governing increases in fixed amount cost-sharing (e.g., deductibles or co -payments) measured from March 23, 2010. The City will not increase fixed cost sharing above an inflationary adjustment of up to 15% above medical inflation fixed -amount cost-sharing other than co -payments (such as a deductible). Medical inflation is defined by reference to the overall medical care component of the Consumer Price Index for All Urban Consumers (CPI -U) (unadjusted) published by the Department of Labor (OMCC). For co -payments, The City agrees not to increase (measured from March 23, 2010) the fixed -amount co -payments above the greater of (1) $5, increased by medical inflation, or (2) 15% above medical inflation. d) Decrease in Rate of Employer Contributions — The City agrees not to decrease its contribution rate (whether based on a formula or on cost of coverage) for any tier of similarly situated individuals by more than 5 percentage points below the contribution rate on March 23, 2010. In the case of a self-insured plan, contributions by an employer or employee organization are equal to the total cost of coverage minus the employee contributions toward the total cost of coverage. Section 2. If during the term of this agreement, the City chooses to join the KEHP (Kentucky Employees' Health Plan), the City agrees to adhere to the contribution rates as set forth by the State of KY, during renewal and open enrollment windows annually. Section 3. If during the term of this agreement, the City finds it necessary to seek an alternative arrangement (other than the arrangements described in Sections 1 and 2) for providing health care benefits to its employees, it agrees to provide coverage to its participating employees with cost sharing arrangements, IAFF Contract 3/14/2023 Page 12 coinsurance, and deductibles that are substantially equivalent compared to the plan(s) offered for the plan year 2011, unless said benefits have been modified as a result of federal or state legislation. (Appendix 2 Summary of Benefits 2011) Section 4. The City will not reimburse for any expenses paid for by any other insurance carrier, including Worker's Compensation or for any other medical expenses which are not covered medical expenses under The Plan or which are not considered as usual, customary or reasonable, or considered medically necessary. Section 5. If either the Commonwealth of Kentucky or the federal government enacts legislation that modifies the benefits provided bargaining unit employees, nothing in this Article will prevent the City from adhering to the mandates as prescribed by law. Section 6. The terms and conditions of the Health Insurance Plan control as to all questions, including eligibility, benefits provided, and the amount of benefits. Section 7. The City retains the right to enact procedural changes during the Agreement to attempt to control costs. ARTICLE 15 LIFE INSURANCE Section 1. The gross premiums for life insurance shall be paid by the City of Paducah. All earned dividends on such insurance policy or policies shall be paid to the City and shall be and become a part of the general fund. Section 2. The life insurance benefit on an employee's life shall be in the face value amount of $15,000 to be paid upon the employee's death. The City agrees to provide a double indemnity benefit for any employee killed in the line of duty which will be $50,000 or equal to any public safety employee to be paid upon the employee's death. The Union, however, recognizes the City's right to switch insurance carriers as long as the City continues to provide equal or better benefits. Section 3. Upon retirement an employee participating in the group insurance plan may continue their coverage in the amount of Four Thousand Dollars ($4,000) for which the retiree shall pay a monthly premium of fifty (50%) percent of its cost. The City shall pay an amount not to exceed Fifty percent (50%) of the total monthly premium. In no event shall the City pay more than Fifty percent (50%) of any such premium. Section 4. The parties agree that the insurance policies control all conditions for eligibility and terms of coverage, conditions under which benefits shall be paid and the amount of said benefits to be paid. Section 5. A copy of the current Life Insurance Policy and any changes in its terms or a change in carriers will be given to the Union President. IAFF Contract 3/14/2023 Page 13 Section 1. In the event employees of the Fire Department are temporarily assigned a position of responsibility higher than the position the employee currently holds due to a vacancy created by: an employee retiring, resigning, or terminated, or an illness/injury that is foreseen to take more than ten (10) consecutive twenty-four (24) hour shifts to return to full duty, then the wage rate of the employee will be adjusted according to the wage rate the employee would receive if he were actually in the higher rated classification. The wage rate for a Captain acting as an Assistant Chief will be their Acting base wage rate plus $1.25 per hour. The adjusted wage rate will be paid in a manner corresponding with the actual dates working in said acting position. Employees filling positions of higher classification on intermittent or short-term bases are expected to perform those duties as part of their classification responsibility*. Section 2. There will be $.95 cents per hour for each shift and it will be distributed according to the expected utilization of Captains filling the role of Assistant Chief, the actual numbers of Captains receiving the additional compensation and who will receive the compensation is subject to assignment by the Fire Chief (Captains subject to acting as Assistant Chief #1 will receive + $.60 per hour, in Acting base wage rate, Acting Assistant Chief #2 will receive + $.25 per hour in Acting base wage rate, and Acting Chief #3 will receive + $.10 per hour, in Acting base wage rate). Additionally, Firefighters appointed to Relief Driver status will be made by seniority with consultation by the Fire Chief and the appropriate Captain(s) and final approval by the City Manager. ARTICLE j--/ SICK LEAVE AND PAY Section 1. Members of the platoon in the Paducah Fire Department working shifts of twenty-four (24) hours on duty and forty-eight (48) hours off duty shall be charged with two (2) sick leave days for one shift period for twenty-four (24) hours of illness. One (1) day of sick leave will be charged for a period of illness up to twelve (12) hours. Compensation for sick leave shall be computed at the member's rate of pay times the hours absent during the pay period, and full credit shall be given for regular and overtime pay as if the member had actually worked their scheduled shift of twenty-four (24) hours on duty and forty-eight (48) hours off duty as required by KRS 95.500. Section 2. A sick day shall be defined as a minimum of one twelve (12) hour period of illness or absence because of the death or illness of relatives as set forth in Section 78-33 of the Code of Ordinances of the City of Paducah as is in effect on the date of the execution of this agreement or as subsequently amended. Section 3. Employees shall accrue sick leave at the rate 11/3 days per month up to a maximum of 150 days of sick leave time. Exception to this is noted in Section 6. Section 4. IAFF Contract 3/14/2023 Page 14 Retirement Time Purchase: Employees that entered the system prior to 1-1-2014 and selected the retirement time purchase benefit shall be allowed to maintain the retirement time purchase option until retirement. When these employees retire, the City will purchase one day of retirement credit for each sick day accumulated up to a maximum of one year's retirement credit (242 days). An employee must have a minimum of 50 days accrued sick time at the time of retirement to receive this benefit. This benefit is contingent on CERS approval. Employees in the retirement time purchase group accrue sick leave at the rate of 1 % days per month up to a maximum of 242 days of sick time. Section 5. Death Benefit: If an employee dies, the surviving spouse or designated beneficiary shall be entitled to the same unused sick leave benefits option as elected by the employee, either the retirement time purchase benefit described in Section 4 above or the payment alternative described in Section 6 below. Section 6. Payment alternative: Members of the bargaining may elect the following benefit in lieu of the retirement time purchase described in Section 4. Upon retirement, employees electing the payment alternative who have over 50 days of sick leave accumulated shall be paid an amount equivalent to one day's regular pay for all sick days accumulated over 50 days up to a maximum of 70 day's pay. Exception to Section 3. After an employee accrues 150 days in a given year, any sick time earned after that point within that year will be purchased by the City using the following formula. Beginning sick time plus annual accrual minus annual time used divided by 3. (Beginning sick time (max 150 days) + annual accrual) — Annual time used 3 The payment for these days shall be an amount equivalent to one day's pay using the blended hourly rate calculation multiplied by the value determined above. See Article 11 Section 5 for an example of this calculation. Payment for these sick days shall be no later than the second paycheck of February of the following year. Section 7. Members of the bargaining unit working on a forty (40) hour week schedule shall be governed by Section 78-33 of the Code of Ordinances of the City of Paducah as was in effect on the date of the execution of this agreement or as subsequently amended. Section 8. The City and the Union agree to abide by the rules and regulations governing sick leave as set forth in the Code of Ordinances of the City of Paducah as is in effect on the date of the execution of this Agreement or as subsequently amended. Section 9. An employee on sick leave shall inform the Department or as directed by the Fire Chief, of the fact and the reason therefore as soon as possible but at least by 6:00 a.m. prior to the start of their scheduled IAFF Contract 3/14/2023 Page 15 shift and failure to do so within the first day of absence may, at the discretion of the City Manager, be cause for denial of sick leave with pay for the period of absence. Section 10. The Fire Chief may require an employee to take an examination, conducted by a licensed physician, designated by the Employer, to determine the physical or mental capability to perform the duties of their position. The Employer shall pay the cost of the examination. Section 11. Falsification of either the sick leave request or a physician's certificate or using sick leave for purposes other than which it was granted shall be grounds for disciplinary action up to and including discharge. ARTICLE 18 BENEFITS FOR INJURY IN THE LINE OF DUTY RESULTING IN WORKERS' COMPENSATION Section 1. This Article applies only to full-time paid Members. Section 2. Should a Member receive an injury requiring the payment of Workers' Compensation rendering them temporarily unable to perform their duties for more than 7 calendar days, thereafter the City shall allow the injured worker to supplement the Member's Workers' Compensation benefits by utilizing 8 hours of their accrued sick time at straight time rate for every subsequent 7 calendar days. It is agreed that this benefit supplements benefits to which a Member may be entitled under applicable Worker's Compensation law, is not excluded from income pursuant to 26 U.S.C. 104 or 26 C.F.R. 1.104-1(b), and is a taxable benefit . The Member expressly authorizes the City to withhold applicable taxes from the Member's pay in accordance with such understanding. It is agreed that the Member and the City shall include any benefits hereunder in computing a Member's salary for contributions to CERS by the City and the Member. Furthermore, the Member and the City shall continue to contribute to CERS during the time any benefits are paid under this Article. It is agreed, that this benefit merely allows a Member to utilize accrued sick leave and does not confer upon any Member any additional sick time benefit not otherwise available. This benefit is not available to any Member if the Member has restrictions that can be accommodated with transitional duty or full duty. This benefit is not intended to create any expectation of continued employment. Furthermore, this benefit is not available if a Member is no longer employed by the City. It is agreed that a member may utilize sick time, if available, during the waiting period, unless it is determined that Workers' Compensation must go back and pick up that period. In such case, the member must repay the city the net pay received, and the city will restore their sick leave balance. IAFF Contract 3/14/2023 Page 16 ARTICLE 19 TRANSITIONAL DUTY Section 1. The City agrees to consider offering transitional duty to firefighters as outlined in the Return to Work (RM — 8) policy effective August 18, 2008. Section 2. Transitional duty platoon members would move to a 40 hour work week and to abide by the provisions of RM — 8 including: a) The City agrees to pay a firefighter on transitional duty an hourly rate equal to that firefighter's hourly rate x 3328 divided by 2080. b) The IAFF understands the policy which prohibits engaging in outside employment in which the injured worker may reasonably be expected to perform work beyond their restrictions. Further, it is the worker's responsibility to report outside wages to the workers' compensation adjuster in a manner that can be adequately verified. C) The IAFF understands that failure to accept a transitional duty assignment that is offered could jeopardize indemnity benefits and agrees to have the firefighter use sick time in the event the firefighter declines a transitional duty offer. d) The City agrees that while on transitional duty the firefighter will retain accruals toward retirement and will not experience benefit interruption. e) It is mutually understood that while working a 40 hour transitional duty shift, no work is expected on holidays. The firefighter can choose to use their Holiday pay if still available at the time needed, or can choose to use sick time if Holiday pay has already been expended. ARTICLE 20 HEALTH AND SAFETY Section 1. It is the desire of the City and Union to continue to maintain the best possible standards of safety and health in the Fire Department. Section 2. In promotion of this policy, the City agrees to provide reasonable funds and make reasonable provisions for safety equipment and sanitary health and safety protection for all employees. Section 3. In further promotion of this policy, the Union and employees agree to cooperate fully with the City in order to promote safety in operation; and all employees will cooperate with the City in promoting safety by the observation of all safety regulations, keeping alert to discover unsafe conditions or defective equipment, and to this end, will promptly report the same to their immediate officer. Upon receiving such a report, the City Safety Officer shall promptly investigate and give a written report to the committee. Section 4. The City and the Union shall appoint three (3) members each to the Occupational Safety and Health Committee. This committee will meet quarterly and discuss safety and health conditions. IAFF Contract 3/14/2023 Page 17 Section 5 All reports required by the Kentucky Department of Labor under the Occupational Safety and Health Act of 1970 dealing with accidents, injuries, deaths and illnesses maintained by the Fire Department shall be made available to the Safety Committee Members. Section 6. The parties agree that a Committee consisting of three (3) Union and three (3) management personnel will be appointed to develop a Fire Department -wide physical agility testing program to be submitted to the Fire Chief for their approval. Once the physical agility testing program has been mutually agreed upon, the parties agree to initiate the annual, mandatory, on duty physical testing program between July 1s' and September 30th of each year. Successful completion of the examination will result in a $300 incentive to be credited to an employee's Health Savings Account (HSA) in accordance with federal guidelines governing HSA's or in the employee's deferred compensation account of their choice, subject to the terms and limitations of the deferred compensation plan. The payments will be credited on the second payroll in October of each year. ARTICLE 21 LABOR/MANAGEMENT MEETINGS Section 1. The City and the Bargaining Unit recognize the responsibility each have to make full use of the knowledge, talent and commitment of all who are involved in the delivery of fire services to the citizens of the City. The City and the Bargaining Unit recognize the benefit to each of exploration and study of the department to provide the highest standards of service. Towards this end, the City and the Bargaining Unit agree to create and maintain Labor Relations Meetings, in conjunction with the other bargaining units recognized by the City, as an active forum for the exploration of mutual concerns. Section 2. The City and the Bargaining Units shall use this forum not as a substitute for collective bargaining or as a mechanism for modifying the Agreement; rather the forum is seen as an adjunct to the collective bargaining process and as an aide in implementing and maintaining the Agreement. This forum will also be useful as a place to discuss issues which arise outside of the context of collective bargaining but which represent impediments to a quality work environment, or which threaten the department's ability to deliver fire services in the most efficient manner possible. No issue that is the subject of a pending grievance will be decided in this forum unless mutually agreed to by the City and the Bargaining Units. It is the expectation of both parties that the free flow of information and the active discussion of common concerns will positively influence both the decisions made by each party and the chances for acceptance of those decisions. Section 3. Department management and IAFF representatives shall meet at least 6 times per year. The designated representatives from the City and the Bargaining Units will arrange the time, place and agenda. Other meetings between the parties can be held anytime by request of either party. Time and arrangement for such meetings will be set by the designated representatives from the City and the Bargaining Units. Section 4. IAFF Contract 3/14/2023 Page 18 The purpose of such meetings shall be to: a. Discuss the administration of the Agreement; b. Discuss grievances which have not been processed to the Second Step of the procedure when such discussions are mutually agreed to by the parties; C. Notify the Bargaining Units of changes made or contemplated by the City which effect Bargaining Unit members; d. Disseminate general information of interest to the parties; e. Give the Bargaining Unit Representatives the opportunity to share the views of their members and/or make suggestions on subject of interest to their members, including interpretations of the Agreement where such discussion may prevent the necessity of filing a grievance. f. Discuss ways to increase productivity and improve efficiency. Section 5. a. For each person selected to represent the Bargaining Unit at the Labor Relations meetings, the City will consider up to two hours per meeting of such service to be a part of their job duties when the meeting occurs during the assigned work hours of the representative. However, such meetings shall not be scheduled so as to result in the payment of overtime for any designated representative to attend said meeting. It is further agreed that if a special labor-management meetings have been requested, and mutually agreed upon, they shall be convened as soon as possible. ARTICLE 22 WORK RULES Section 1. The Bargaining Unit recognizes that the City, in order to carry out its statutory mandates and goals, has the right to promulgate work rules, regulations, policies, procedures and general orders. Section 2. The City agrees that no work rules, regulations or employment policies shall be established that are in violation of any express terms of this agreement. Section 3. Any additions or amendments to the work rules, regulations, policies, procedures and general orders shall be reduced to writing, posted on the department bulletin boards and copies distributed to members of the Bargaining Unit five (5) days prior to implementation; however this section does not limit the right of the City, to meet emergency or operational needs, to implement any work rules or regulations, policies, or general procedures prior to the conclusion of the five (5) day notification period. The addition or amendment shall be dated and state its effective date. Each employee shall sign to acknowledge receipt of same. ARTICLE 2'3 APPENDICES AND AMENDMENTS All appendices and amendments to this Agreement shall be numbered (or lettered), dated and signed by the responsible parties. IAFF Contract 3/14/2023 Page 19 k1l WN ton DWZ�130IN " to] LIMA 41C1]M%10top The City will provide funds to each fire station on a quarterly basis. These funds will be used by the fire fighters to purchase staples, condiments and other items used by the members at the station. The monthly allocation will be dispersed by the Finance Department to the Fire Chief by means of petty cash. The Fire Chief will then disperse the funds to the officer in charge of each station quarterly based upon receipt of such funds. The monthly allocation of this allowance will be as follows: Station #Amount 1 $100 2 $100 3 $100 4 $100 5 $100 ARTICLE 25 SAVINGS CLAUSE If any provision of this Agreement or the application of such provision should be rendered or declared invalid by any court or agency action or by reason of any existing or subsequently enacted State or Federal legislation or regulation, the remaining provisions of this Agreement shall remain in full force and effect. ARTICLE 26 GRIEVANCE PROCEDURE A grievance is defined as any dispute between the City and the Union and/or an employee concerning the interpretation, application, or compliance with the terms of this Agreement. A working day is defined as any day City Hall is open for business. Grievances shall be processed in the following manner: Union's Grievance Committee shall receive all grievances in writing and shall determine whether or not a grievance exists. Step 1. Within five (5) working days of the receipt of the grievance and if it is determined that a grievance exists, the Grievance Committee shall present the written grievance to the Fire Chief for adjustment. The grievance must be presented within ten (10) working days after the occurrence of an event or action that causes a non -probationary employee to feel aggrieved. No grievance presented after ten (10) working days will be considered under these procedures. The grievance must state the contract provisions(s) violated, the relief sought, the facts supporting the grievance, and must be signed by the aggrieved employee. The Fire Chief shall within ten (10) working days of receipt of the grievance forward their written response to the Union Grievance Committee. IAFF Contract 3/14/2023 Page 20 Step 2. If the grievance is not resolved in Step 1, the Union Grievance Committee shall within five (5) working days after receiving the written response of the Fire Chief, forward a written appeal to the City Manager. If necessary, the City Manager may meet with the aggrieved employee and Union Representative within 10 working days to discuss the grievance. The City Manager shall within ten (10) working days of the receipt of the appeal hold a meeting with the Union Grievance Committee with the aggrieved employee present when practicable. The City Manager shall forward their written decision on the grievance within ten (10) working days of the meeting to the Union Grievance Committee with a copy to the Union President. Step 3. Mediation If the grievance is not resolved at Step 2, and the employee and the Union desire to proceed with the grievance then the employee and the Union, within ten (10) working days may request mediation by the Kentucky Department of Labor or any other mutually agreed upon mediator. The mediator shall have five (5) working days to set a date for the mediation hearing within thirty (30) working days. The mediator shall attempt to mediate the dispute at the hearing. Should the mediator fail to resolve the dispute, then either party may request a written advisory opinion from the mediator. The mediator shall be without power or authority to alter, amend or modify any of the terms of this Agreement the advisory opinion of the mediator shall be submitted in writing within a reasonable time, but not later than thirty (30) working days after the date of the hearing. The parties expressly agree that the City and the Union both have the right to accept or reject the mediator's decision. Step 4: If the grievance remains unadjusted, it may then be presented by the Union to the Board of Commissioners in writing within three working days after the response of the mediator is due. The written statement of appeal of the grievance shall set forth all the reasons and grounds for the grievance and the appeal to the Board together with a statement of the relief sought. A copy of all previous written documents involved in the action shall be attached to the grievance and made a part thereof. The grievance will be placed on the Commission agenda within three weeks after it is presented and shall be heard in public session. A vote of three Commissioners will be required to deny the grievance. The decision of the City Commissioners is final and binding upon the parties, unless said decision is found to be arbitrary and capricious by a Court of appropriate jurisdiction. Expenses for the mediator's services in the proceedings shall be borne equally by the City and the Union provided. However, each party shall be responsible for compensating their own representatives and witnesses. If either party desires a transcript of the proceedings, it may cause such a record to be made, but shall bear the cost, unless the transcript is taken by mutual agreement. Each party shall be responsible for providing their own copy. In the event the mediator requires a verbatim record of the proceedings, the original transcript shall be borne equally by both parties. AtZ l Y :LL C VVA(ijL RA f ES Article 26, Wage Rates, is hereby amended to read as follows: Section 1. The parties agree that the employees covered herein will be paid, as set out in Section 2 of this Article. IAFF Contract 3/14/2023 Page 21 Section 2. Wage rates shall be paid as follows, this includes increases in the base wage and a cost of living adjustment (COLA) over a three year period effective the first bi-weekly payroll of each year: (a) Captains, Lieutenants, Firefighters -Relief Driver and Firefighters shall be paid the aforesaid hourly rates during each weekly period beginning Thursday and ending Wednesday for the first forty (40) hours of duty, and at one and one-half times said hourly rates for each duty hour in excess of forty (40). IAFF Contract 3/14/2023 Page 22 Payroll Payroll Payroll July July July COLA 6% COLA 4% COLA 3% Captains 2023 2024 2025 < 10 years 21.96 22.84 23.53 10 years 22.51 23.41 24.12 15 years 23.08 24.00 24.72 20 years 23.66 24.61 25.34 25 years 24.24 25.21 25.97 Lieutenants < 10 years 19.97 20.77 21.39 10 years 20.47 21.29 21.93 15 years 20.98 21.82 22.47 20 years 21.51 22.37 23.04 25 years 22.05 22.93 23.62 Firefighter Relief Driver 2 years 17.69 18.40 18.95 3 years 18.13 18.85 19.42 5 years 18.58 19.33 19.90 10 years 19.05 19.81 20.40 15 years 19.53 20.31 20.92 Firefighter Appointee 15.18 15.79 16.26 6 months 16.37 17.02 17.53 1 year 16.78 17.45 17.97 3 years 17.19 17.88 18.42 5 years 17.63 18.33 18.88 10 years 18.07 18.80 19.36 15 years 18.52 19.26 19.84 (a) Captains, Lieutenants, Firefighters -Relief Driver and Firefighters shall be paid the aforesaid hourly rates during each weekly period beginning Thursday and ending Wednesday for the first forty (40) hours of duty, and at one and one-half times said hourly rates for each duty hour in excess of forty (40). IAFF Contract 3/14/2023 Page 22 (b)Firefighters appointed to Relief Driver Status will be made by seniority, provided that said firefighters have passed all associated qualifying testing as stated in department policy, with consultation between the Fire Chief and the appropriate Captain(s) and final approval by the City Manager. Section 3. Based on comparative pay studies, the City may unilaterally increase the wage rate of any rank within bargaining unit position or classification. Section 4. Beginning July 1, 2017, prospective wage increases will correspond to the platoon members' date of hire anniversary. For conversion to this payment method, step increases will be administered in the intervening period (from date on the floor anniversary until date of hire anniversary) so as not to cause an employee to miss a step. Nothing in this section is intended to affect an employee's probationary period. In the instance where an employee is suspended without pay, their anniversary date will be adjusted to reflect the interruption in service, delaying their step increase by the length of their suspension(s). Section 5. If during the term of this agreement the City of Paducah implements a negotiated pay increase: 1. Beginning during the course of this Agreement or 2. Simultaneously with this Agreement For any bargaining unit, and that percentage pay increase is in excess of the amount granted to the bargaining unit herein, then, in that event, the City of Paducah will simultaneously therein adjust the bargaining unit wage scale. The aforesaid adjustment shall equal, but not exceed, the differential between the percentage amount awarded to the bargaining unit herein and the higher percentage amount granted to any other City bargaining unit. Section 6. Each member of the collective bargaining unit shall receive longevity pay as set by the City for all eligible City employees. Section 7. Current members of the Paducah Fire Department's specialty teams defined as: Technical Rescue Team, Water Rescue Team, and Hazmat Team shall receive additional compensation of forty dollars ($40) per bi-weekly pay period for specialty skills utilized by the City outside of their regular assignment. Honor Guard, Peer Support, or other similar skills determined by the Fire Chief shall receive additional compensation of ten dollars ($10) per bi-weekly pay period for specialty skills utilized by the City outside of regular assignment. The maximum compensation for specialty skills an employee shall receive is forty dollars ($40) per bi- weekly pay period, regardless of how many special skills assignments an employee is performing. The Fire Chief has the authority to manage the specialty teams and assignments as they see best for the Department. The Fire Chief has the authority to add and remove members of the specialty teams and assignments at their discretion. IAFF Contract 3/14/2023 Page 23 41.DIYton YYh111.10INDrel00114P1Yh1116 90101VUV.110.414910"201V Unless otherwise provided in this contract the City agrees to continue its present policies in regard to all benefits of direct monetary value to the employees. ARTICLE 29 DURATION Section 1. The Agreement, when signed by the duly authorized officers of the City and the Union, shall become effective as of the date of execution, and shall terminate on June 30, 2026. If a new agreement is not executed, the parties may agree in writing to extend the current agreement for an additional period of time. In any event, nothing herein contained shall preclude either party from modifying or changing or amending its proposals for a new Agreement. The City and Union each have entered into this Agreement pursuant to duly adopted ordinances and resolutions authorizing same. Section 2. Between November 1 and 15, 2025, either party may request in writing that negotiations be opened to modify or renew this Agreement. Within 10 days of receipt of the request to open negotiations the parties will meet and schedule up to 5 negotiating meetings to be held between January 2 and March 1, 2026. Failure to reach tentative agreement in this timeframe will result in a forty-five (45) day suspension of negotiations. On or about April 16 negotiations will resume and if the parties come to an impasse, either party may request mediation services through the Kentucky Labor Cabinet and the current Bargaining Agreement will be extended for sixty (60) days THE REMAINDER OF THIS PAGE IS BLANK SIGNATURE PAGE IN WITNESS WHEREOF, the parties have hereunto set their hand this _th day of 12023. This agreement, if approved by Final Ordinance, shall become effective upon signing. FOR THE CITY OF PADUCAH, KENTUCKY: George P. Bray, Mayor FOR THE PROFESSIONAL FIRE FIGHTERS OF PADUCAH, LOCAL 168, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS: Nathan Torian, President IAFF Contract 3/14/2023 Page 24 Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Approve the Agreement between the City of Paducah and the Paducah Police Department Bargaining Unit - S. WILCOX Category: Ordinance Background Information: Staff Work By: Stefanie Wilcox Presentation By: Stefanie Wilcox The City of Paducah and The Paducah Police Department Bargaining Unit Summary Contract Changes Article 1— Clothing Allowance • An increase for new -hire initial clothing allowance from $1,000 to $1,500. • An increase to uniformed clothing allowance from $900 to $1,200. • An increase to non -uniformed clothing allowance from $1,000 to $1,300, paid in 2 equal installments. Article 9 — Disciplinary Procedures • Correcting typo -o Article 11— Bargaining Unit Use of City Email • This article was previously called Bulletin Board and has been updated to remove language related to the bulletin board and allowing the bargaining unit to use the City email system in place of the bulletin board. Article 13 — Shift Assignment • A request for an assignment change must be received by the supervisor on or before the first day of the shift bidding process. Shift bidding will begin on October Ist and April Ist each year. • Upon contact an officer has two hours to respond to their shift bid before moving on to the next person. • A Sergeant displaced for training purposes with be restored to their position at the end of the training period. Article 14 — Health and Safety • The current POPS test at the time of testing will be the standard requirement each year. • The payments for successful completion will be credited to their choice of Health Savings account or Deferred Compensation account. It will be credited in the month of July. Article 17 — Wage Rates • Cost of living adjustments (COLAS) will be as follows - FY24 6%, FY25 4%, FY26 3%. No increases to the base rates were provided. • Specialty pay will be increase by $10 per bi-weekly pay period. Drug Recognition Expert was removed, Honor Guard and Language Translator were added. • Certified Training Officer pay was increased from $1.00 to $1.25 per hour. • Detective Pay was increased from $1.25 to $1.50 per hour, detective on-call weekend pay was increased for the designated officer to receive two hour of overtime per day. • Shift differential for starting after 1 pm was changed from $0.25 to $0.50, and for starting after 6:00 pm from $0.50 to $1.00. • The wage rate table was updated to include rates with the corresponding COLA's. • Each member of the collective bargaining unit will receive longevity pay as set forth by City Policy. Article 20 — Holidays • Juneteenth was added to the contract. Letter of Understanding — • Contractual off-duty employment rates will change to $60 per hour, and $100 per hour for holidays. Educational Incentive — • The City agrees to update City Ordinance pertaining to educational incentives to match the following: Degree Current Annual Amount New Annual Amount Associates $600 $900 Bachelors $900 $1,350 Masters $1,200 $1,800 Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Attachments: 1. ORD - PD contract -bargaining unit - 2023-2026 2. FOP Contract 2023 FINAL LETTER OF UNDERSTANDING FOP 03 2023 ORDINANCE NO. 2023 - AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH POLICE DEPARTMENT BARGAINING UNIT BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute an agreement and other associated documents between the City of Paducah and the Paducah Police Department Bargaining Unit. June 30, 2026. SECTION 2. This Agreement shall be effective from July 1, 2023, to 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, March 28, 2023 Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, Published in The Paducah Sun, \ord\police\contract-bargaining unit 2023-2026 AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH POLICE DEPARTMENT BARGAINING UNIT July 1, 2023 to June 30, 2026 Table of Contents Agreement............................................................................................................................................. ARTICLE 1. DEFINITIONS............................................................................................................... ARTICLE 2. RECOGNITION............................................................................................................ ARTICLE 3. MEMBERSHIP AND DUES DEDUCTION....................................................................... ARTICLE 4. NON-DISCRIMINATION.............................................................................................. ARTICLE 5. MANAGEMENT RIGHTS.............................................................................................. ARTICLE 6. PUBLIC OBLIGATION................................................................................................... ARTICLE 7. GRIEVANCE PROCEDURE............................................................................................ ARTICLE 8. LABOR RELATIONS MEETINGS.................................................................................... ARTICLE 9. DISCIPLINARY PROCEDURES....................................................................................... ARTICLE 10. WORK RULES.............................................................................................................. ARTICLE 11. BARGAINING UNIT USE OF CITY EMAIL...................................................................... ARTICLE 12. SENIORITY.................................................................................................................. ARTICLE 13. SHIFT ASSIGNMENT.................................................................................................... ARTICLE 14. HEALTH AND SAFETY.................................................................................................. ARTICLE 15. WAIVER IN EMERGENCY............................................................................................ ARTICLE 16. WORK WEEK & OVERTIME......................................................................................... ARTICLE 17 WAGE RATES............................................................................................................. ARTICLE 18 CLOTHING ALLOWANCE............................................................................................ ARTICLE 19 VACATIONS................................................................................................................ ARTICLE 20 HOLIDAYS.................................................................................................................. ARTICLE 21 SICK LEAVE................................................................................................................. ARTICLE 22 MILITARY LEAVE........................................................................................................ ARTICLE 23 HEALTH INSURANCE.................................................................................................. ARTICLE 24 LIFE INSURANCE........................................................................................................ ARTICLE 25 LIABILITY INSURANCE................................................................................................ ARTICLE 26 STATUS OF BARGAINING COMMITTEE MEMBERS WHILE BARGAINING .................. ARTICLE 27 SEVERABILITY............................................................................................................ ARTICLE 28 DURATION................................................................................................................. .. 2 .. 2 .. 2 .. 2 .. 3 .. 3 .. 4 .. 4 .. 6 .. 7 .. 8 .. 8 .. 8 .. 8 .. 9 10 10 11 13 14 15 16 18 18 20 20 20 20 20 FOP Contract 4/11/2023 Page 1 Agreement THIS AGREEMENT is made and entered into on the 1st day of July, 2023 by and between the City of Paducah, hereinafter referred to as "City" or "Employer" and the Paducah Police Department Bargaining Unit, hereinafter referred to as "Unit" or "Bargaining Unit" organized under the auspices of Jackson Purchase Lodge 15 of the Fraternal Order of Police, hereinafter referred to as the "Bargaining Unit." WITNESSETH WHEREAS, the City and the Bargaining Unit have met and conferred, and the parties hereto have agreed to maintain and promote harmonious relations between the City and the Bargaining Unit, and that in order to produce effective and progressive public protection, they have agreed as follows: /:1 "am ton amp] D1IILIIIN OUR Section 1. The parties agree that whenever in this Agreement, terms such as police officer, employee of the police department, employees, or members of the Bargaining Unit are used; the term refers only to those persons expressly included in the Bargaining Unit as set out in Article 2. Recognition, and further, this Agreement in no manner whatsoever has any effect on the wages, hours, and working conditions of other City personnel whether they be employees of the police department or elsewhere within the City. Section 2. The parties further agree that whenever in this Agreement, the term "City" is used, the term refers to whomever the executive authority of the City has designated to exercise the rights to discharge the obligation in question. Section 3. The parties further agree that all references in this Agreement designate both sexes, and wherever the male gender is used, it shall be construed to include male and female employees. ARTICLE 2. RECOGNITION The City hereby recognizes the Bargaining Unit as the exclusive collective bargaining representative for all employees of the police department of the City of Paducah who hold the rank of police officer or sergeant. The term employee shall not include any employee of the police department who is not included in the above and specifically excludes persons holding the rank of captain, assistant chief, chief of police, non -sworn personnel and probationary candidates for the police department. A candidate is on probation until he has actually worked 12 months after completing the Police Training Officer "PTO" program. Fall "am ton *M16 I Did In.] D1 IM11 go I I WALI 1110 Bill M72 11 D1 10 LAIN [00 1 Section 1. Employees of the Bargaining Unit, on the effective date of this agreement or employed thereafter, shall have the option of becoming members of the Bargaining Unit after he/she has actually worked 12 months since completing the PTO program. Eligible persons who wish to become Members of the Bargaining Unit must affirmatively request membership in writing. Membership in the Bargaining Unit is not compulsory. Members have the right to join or not join and neither party shall exert pressure or discriminate against a Member regarding such matters. FOP Contract 4/11/2023 Page 2 Bargaining Unit Membership dues, shall be deducted monthly in an amount certified by the Lodge only if the Member has signed a payroll deduction authorization. Members wishing to revoke their Bargaining Unit Membership must notify the Bargaining Unit, and the Paducah City HR Director expressly and individually in writing. Section 2. The Unit shall hold the City harmless against any and all claims, demands, suits or other forms of liability that arise out of or by reason with action taken by the City in reliance upon employee payroll deduction authorization forms submitted by the Bargaining Unit to the City. Section 3. The City shall provide each member of the Bargaining Unit Executive Committee with a copy of this Agreement and the Unit agrees to provide the City with a roster of the names of its Executive Committee, their addresses, and telephone numbers. The Union also agrees to notify, in writing, the City within five (5) days of the day that any change in the members of the Executive Committee occurs. AR'T'ICLE 44. NON-DISCRIMINATION Section 1. The City agrees not to discriminate against any employee who elects to be a member of the Fraternal Order of Police who participate in legal Bargaining Unit activities under this Agreement Section 2. The Bargaining Unit agrees not to discriminate against any employee who elects not to be a member of the Fraternal Order of Police or refrains from Bargaining Unit Activities. ARTICLES. MANAGEMENT RIGHTS Section 1. Except as expressly modified by a specific provision of this Agreement, the City retains its sole and exclusive rights to operate and manage its affairs in all respects. The exclusive rights of the City which are not abridged by this Agreement include, but are not limited to, hire and to be the sole judge of qualifications of applicants. The City has the sole right to direct the work force; to discipline or discharge for just cause; to establish, maintain, and modify departmental rules and procedures; to layoff and recall; to be the judge of whom to promote and the methods and procedures for promotions; to assign work, to transfer employees from one station to another in a manner most advantageous to the City; to contract and to subcontract with outside contractors; to establish, modify or change manning of equipment, amount of equipment in the fleet, etc.; the right to direct members of the police department, including the right to hire, promote, or transfer any employee; the right to organize and reorganize the police department in any manner permitted by law including the size of the police department and the determination of job classifications; the right to determine the method and frequency of pay, the allocation of assignment of work to employees within the police department in a manner most advantageous to the City; to introduce new, improved or different methods or techniques of operation or to change existing methods and techniques of operation; to establish basic and in- service training programs and requirements of upgrading the skills of employees with adequate training; to determine the location, methods, means and personnel by which operations are to be conducted; to establish, implement and maintain an internal security practice; to schedule overtime, vacations, days - off and holidays off; to determine rank based upon the duties assigned; and to take whatever actions may be necessary to carry out the mission of the City in dire emergency situations FOP Contract 4/11/2023 Page 3 Section2. Failure by the City to exercise any of its rights shall not constitute a waiver of that right. Section 1. The City and the Bargaining Unit recognize that a strike would create a clear and present danger to the health and safety of the public, and inasmuch as this Agreement provides mechanisms for the orderly resolution of grievances, the City and the Bargaining Unit recognize their mutual responsibility to provide uninterrupted services to the citizens of Paducah. Section 2. Nothing in this Article shall be constructed to limit or abridge either party's right to seek available remedies provided by law to deal with any unauthorized or unlawful activities as provided in this Article. Section 1. A grievance is defined as a dispute between the City and the Bargaining Unit and/or employee concerning the interpretation, application or compliance with the terms of this Agreement. Grievances may only be filed by the executive committee of the bargaining unit. Executive members are President, Vice President, Treasurer, Secretary, and Second Vice President. Grievances must be signed by at least two (2) members of the executive board. Grievances will be presented on a standard Grievance form to the shift or group commander and, if not resolved after contract review and discussion, shall be sent to the Chief of Police via the chain of command with signatures of all parties involved. Prior to filing a formal grievance under these procedures, an employee who feels he has been aggrieved may request a conference with the command officer in charge of his shift or division. For purposes of this Article "command officer" is defined as a superior officer holding the rank of Sergeant/Captain. Matters involving the just nature, appropriateness or severity of discipline or corrective action are not subject to the grievance procedure contained herein, but may be appealed pursuant to statute. Grievances alleging violation of the Policemen's Bill of Rights shall be appealable to the grievance procedure through the Third Step only. Time limits set forth herein may be extended by mutual agreement of the parties, which agreement shall be in writing. The parties agree that any disciplinary action the City takes which is covered by KRS 95 will not be subject to the Grievance Procedure. The parties further agree the City retains the right to take disciplinary action other than that which is provided for in KRS 95 and such action is not subject to the requirements of that statute. Further, an employee may voluntarily accept discipline, discharge, demotion, etc., in lieu of having charges preferred against him under the provisions of KRS 95. Section 2. Grievances shall be processed in the following manner: a. FIRST STEP: Within fifteen (15) working days after the occurrence of an event or action which causes an employee to feel that he has been aggrieved, the Executive Committee shall present the grievance, in writing, to the command officer in charge of the aggrieved employees shift or division (a fifteen day extension will be granted upon written request to explain the need for extension). The grievance must state the contract provision(s) violated, the relief sought, the facts supporting the grievance and must be signed by the aggrieved employee or it will be barred from consideration. If the matter is not satisfactorily settled within five (5) working days, the grievance shall move to the Second Step. No grievance presented after ten (10) working days will be considered under these procedures. If FOP Contract 4/11/2023 Page 4 the shift commander determines that he can take no action on the grievance he will immediately forward it to the Chief of Police for Step 2. Any member of the bargaining unit who has a grievance arising out of his employment with the City, which is not grievable under the grievance procedure of this contract, may use the Human Resources -43 Employee Concerns administrative policy provided for all City employees. b. SECOND STEP: The employee shall present the grievance, in writing, to the Chief of Police, within two (2) working days of the Step 1 response. If the matter is not satisfactorily settled within ten (10) working days, the grievance shall move to the Third Step. If the Chief of Police determines that he can take no action on the grievance, he will immediately forward it to the City Manager for Step 3. c. THIRD STEP: If the grievance is not settled at Step 2, the Chief of Police shall submit the grievance to the office of the City Manager within five (5) working days after receipt from Step 1. If necessary, the City Manager may meet with the aggrieved employee and Union Representative within fifteen (15) working days to discuss the grievance. The City Manager will answer in writing within fifteen (15) working days of receipt of the grievance (or any meeting to discuss the grievance); whichever is later. City Manager shall submit grievance and a copy of his response to the Mayor and Commission within fifteen (15) days for their information. City Manager shall send the bargaining unit president a copy of his response. Section 3. FOURTH STEP: In grievances concerning the interpretation, application or compliance with the terms of this Agreement, if the grievance is not resolved in the above manner, the Bargaining Unit may request mediation through the Kentucky Labor Cabinet, Division of Employment Standards and Mediation or any other mutually agreed upon mediator in the following manner. a. Within 10 calendar days of the City Manager's ruling the Bargaining Unit may petition the Kentucky Labor Cabinet, Division of Employment Standards and Mediation, to initiate mediation, and shall simultaneously notify the City of its intent to seek mediation of an unresolved grievance. b. The representatives of the parties (the Bargaining Unit and the City) shall schedule a pre - mediation meeting to be held within fourteen (14) calendar days after notification of a request to mediate. The parties shall attempt to settle the grievance and, if it cannot be settled, shall attempt to draft an agreed upon submission statement. If the parties are unable to agree upon a submission statement, the mediator shall frame the issue or issues to be decided. C. The representatives of the parties shall meet with the mediator. At the conclusion of the meeting, if the issue is not resolved, the mediator may choose to prepare a report and/or recommendation for submission to the City Commission. d. The costs and fees of the mediator shall be borne equally by the parties. The fees of a court reporter shall be paid by the party asking for one; such fees shall be split equally if both parties desire a reporter or request a transcript. Section 4. FIFTH STEP: If the grievance remains unadjusted, it may then be presented by the Union to the Board of Commissioners in writing within three working days after the response of the mediator. The written statement of appeal of the grievance shall set forth all the reasons and grounds for the grievance and the appeal to the Board together with a statement of the relief sought. A copy of all previous written documents involved in the action shall be attached to the grievance and made a part FOP Contract 4/11/2023 Page 5 thereof. The grievance will be placed on the Commission agenda within three weeks after it is presented and shall be heard in public session. A vote of three Commissioners will be required to deny the grievance. The decision of the City Commissioners is final and binding upon the parties, unless said decision is found to be arbitrary and capricious by a Court of appropriate jurisdiction. Section 5. Working Days Defined -- Whenever in these procedures the term "working days" is used, it shall refer to the working days of the person with whom action is required, whether the grievant or the person responsible for responding to the grievance. Section 6. Grievances may be represented by an employee representative of the Bargaining Unit at any step of the grievance procedure, and may be represented by an attorney at any proceeding beginning with the Third Step of the grievance procedure. Section 7. Failure by the Bargaining Unit or any of its members to exercise any of their rights as specified by an express provision of this Agreement shall not constitute a waiver of that right provided a grievance exercising that right is filed within the time limits outlined herein. Section 8. Failure by the City to answer a grievance within the time period prescribed in Steps 1, 2, and 3 shall constitute a denial of the grievance. ARTICLE 8. LABOR RELATIONS MEETINGS Section 1. The City and the Bargaining Unit recognize the responsibility each have to make full use of the knowledge, talent and commitment of all who are involved in the delivery of police services to the citizens of the City. The City and the Bargaining Unit recognize the benefit to each of exploration and study of the department to provide the highest standards of service. Towards this end the City and the Bargaining Unit agree to create and maintain Labor Relations Meetings, in conjunction with the other bargaining units recognized by the City, as an active forum for the exploration of mutual concerns. Section 2. The City and the Bargaining Units shall use this forum not as a substitute for collective bargaining nor as a mechanism for modifying the Agreement; rather the forum is seen as an adjunct to the collective bargaining process and as an aide in implementing and maintaining the Agreement. This forum will also be useful as a place to discuss issues which arise outside of the context of collective bargaining but which represent impediments to a quality work environment, or which threaten the department's ability to deliver police services in the most efficient manner possible. No issue which is the subject of a pending grievance will be decided in this forum unless mutually agreed to by the City and the Bargaining Units. It is the expectation of both parties that the free flow of information and the active discussion of common concerns will positively influence both the decisions made by each party and the chances for acceptance of those decisions. Section 3. Department management and Bargaining Unit representatives shall meet at least 4 times per year. The time, place and agenda will be arranged by the designated representatives from the City and the Bargaining Units. Other meetings between the parties can be held anytime by request of either party. Time and arrangement for such meetings will be set by the designated representatives from the City and the Bargaining Units. Section 4. The purpose of such meeting shall be to: FOP Contract 4/11/2023 Page 6 Discuss the administration of the Agreement. Discuss grievances which have not been processed to the Third Step of the procedure when such discussions are mutually agreed to by the parties. C. Notify the Bargaining Unit of changes made or contemplated by the City, which effect Bargaining Unit members. Disseminate general information of interest to the parties. e. Give the Bargaining Unit representatives the opportunity to share the views of their members and/or make suggestions on subjects of interest to their members, including interpretations of the Agreement where such discussion may prevent the necessity of filing a grievance. Discuss ways to increase productivity and improve efficiency. Section 5. a. For each person selected to represent the Bargaining Unit at the Labor Relations meetings, the City will consider up to two hours per meeting of such service to be a part of his or her job duties when the meeting occurs during the assigned work hours of the representatives. However, such meetings shall not be scheduled so as to result in the payment of overtime for any designated representative to attend said meeting. b. It is further agreed that if special labor-management meetings have been requested, and mutually agreed upon, they shall be convened as soon as possible. ARTICLE 9. DISCIPLINARY PROCEDURES Section 1. When an officer is to be disciplined or interviewed in relation to possible discipline he will be allowed, if he requests, to have a witness of his choosing to be present. Such a request may not delay the proceedings by more than two hours. Interviews or interrogation relating to criminal or administrative misconduct shall be in accordance with the Commonwealth of Kentucky Statutes 95, generally referred to as the Policemen's Bill of Rights. Discussions held solely for the purpose of instruction or corrective actions when no documented disciplinary action is contemplated, are not covered. A disciplinary action proceeding shall be distinguished from an investigative fact gathering meeting. Section 2. Employees will receive a copy of all documented disciplinary action placed in their file at the time of the discipline and each employee will sign the disciplinary action upon receipt. In cases where the employee's signature on the disciplinary documentation only indicates the employee's receipt of the document, the employee may note that his signature indicates, "I have received but do not necessarily agree with this document." FOP Contract 4/11/2023 Page 7 41"19to4DR11�WTffl9114:1111Dki Section 1. The Bargaining Unit recognizes that the City, in order to carry out its statutory mandates and goals, has the right to promulgate work rules, regulations, policies, procedures and general orders. Section 2. The City agrees that no work rules, regulations or employment policies shall be established that are in violation of any express terms of this Agreement. Section 3. Any additions or amendments to the work rules, regulations, policies, procedures and general orders shall be reduced to writing, posted on the department bulletin boards and copies distributed to members of the Bargaining Unit five (5) days prior to implementation; however this section does not limit the right of the City, to meet emergency or operational needs, to implement any work rules or regulations, policies, or general procedures prior to the conclusion of the five (5) day notification period. The addition or amendment will be dated and state its effective date. Each employee shall sign to acknowledge receipt of same. ARTICLE 11. BARGAINING UNIT USE OF CITY EMAIL The President of the Union or his designee may use the City E -Mail system to disseminate information to Bargaining Unit employees provided a copy of the distributed material is furnished to the Chief of Police and all Information Systems policy guidelines are followed. It is understood that no material may be distributed at any time which contain the following: (a) personal attacks upon any member or any other employee; (b) scandalous, scurrilous or derogatory attacks upon the City, or any other governmental units or officials; (c) attacks on any employee organization, regardless of whether the organization has local membership; and, (d) attacks on and/or favorable comments regarding a candidate for public office. /:1 "191114 Dfllv�=jDh1 [UI'll 1614 Seniority by time in Grade per rank will be the basis for shift preference, vacation, and days off assignments, provided however, that the City has the right to preclude any one shift from being staffed by police officers, 50% of whom have less than three (3) years' experience with the Paducah Police Department. ARTICLE 13. SHIFT ASSIGNMENT Section 1. The City will use a bid book process. Shift assignments will be for six (6) months. A request for assignment change must be received by your supervisor before October 1". The first bid process will begin on October 1", with the posting of the change by October 15t". Upon contact, each officer will have a maximum of two (2) hours to decide on their shift bid before it moves to the next person. The effective date of the new shift assignments will be the first Thursday corresponding with the first full pay period in January of the following year. For the second bid process, a request for assignment change must be received by your supervisor before April 1". The second process will begin FOP Contract 4/11/2023 Page 8 on April 1" with the posting of the change by April 15 with the effective date to be the first Thursday corresponding with the first full pay period in July of the same year. Employees on corrective action assignment will be permitted to participate in the bid process if corrective action is scheduled to end by January 31 for the first bid process, or July 31st for the second bid process. It is recognized that from time to time it is necessary in the interest of the operation of Police Department to make shift or unit reassignments as a result of vacancies in the ranks, temporary absences, training, community events, specialized assignments, or emergency circumstances which require adjustments in the shift structure. Such requirements shall be made when practical on the basis of seniority and shall be grievable under the terms of the grievance procedure. b. It is further recognized that it may become necessary to reassign an individual Bargaining Unit member to another shift for corrective or retraining purposes for a period not to exceed six (6) months. The reasons for a shift reassignment shall be provided in writing to the member at the time of the reassignment also listing any prior corrective measures attempted. Such reassignment shall not be arbitrary and shall be grievable under the terms of the grievance procedure. Grievances involving such shift reassignment shall be filed directly with the Chief of Police at Step 2. In the event a permanent (3 months or longer) vacancy occurs on a shift then employees on that same shift may exercise their seniority for preference of the vacant days -off schedule. Employees on corrective action or retraining assignment will be considered least in seniority for this preference and no more than two (2) officers per shift will be assigned for retraining or corrective action. d. The parties agree that hardship and emergency cases will be handled on an individual basis. An employee should notify the shift or unit commander to initiate any special consideration. Section 2. When vacancies within the Sergeant position are to be filled, such vacancies may be filled by the Chief of Police for training purposes for the newly appointed Sergeant for a period up to six months. The displaced Sergeant, as a result of this training assignment, shall be restored to his shift at the end of the training period. FallWY[o4a Ell �Ml921DrAONO2RAWIIsly.1IVA11'1 Section 1. It is agreed that safety is a prime concern and responsibility of the City, the employees and the Bargaining Unit. In this regard: a. The City agrees to provide safe working conditions and equipment for members of the Bargaining Unit in conformance with minimum standards of applicable law. b. Employees and the Bargaining Unit accept the responsibility to follow all safety rules and safe working methods of the City. Employees shall report unsafe working conditions to their supervisors as soon as any unsafe working condition is known. C. The City and the Bargaining Unit shall consider and discuss safety and health related matters and explore ideas for improving safety at the regularly scheduled Labor Relations meetings. Such matters will not be subject to the grievance procedure contained herein. FOP Contract 4/11/2023 Page 9 Section 2. The City and the Bargaining Unit recognize the Employer's right to require employees to participate in physical agility testing to determine the individual's ability to perform the physical requirements necessary for the duty position. The parties agree to initiate an annual, voluntary, on duty physical testing program to be implemented in the first half of each calendar year. Those employees successfully completing the current Police Officer Professional Standards "POPS" test level will be rewarded with a $250 incentive. The current POPS testing requirements will be the standard. The payments will be credited to an employee's Health Savings Account (HSA) in accordance with federal guidelines governing HSA's or in the employee's deferred compensation account of their choice, subject to the terms and limitations of the deferred compensation plan, in July of each year. ARTICLE 15. WAIVER IN EMERGENCY Section 1. In cases of emergency declared by the President of the United States, the Governor of the Commonwealth of Kentucky, the Mayor of the City of Paducah, or the Federal or State Legislature, such as acts of God or civil disorder the following conditions of this Agreement may be temporarily suspended by the City: time limits for the processing of grievances; and, b. all agreements relating to the assignment of employees for the duration of the emergency period only. An emergency declared by the Mayor, as used in this Article, includes only those situations which prevent the normal day-to-day operations of the City. Section 2. Upon the termination of the emergency grievances filed prior to the emergency shall be processed in accordance with the provisions outlined in the grievance procedure of this Agreement and shall proceed from the point in the grievance procedure to which the grievance(s) had properly progressed, prior to the emergency. ARTICLE 16. WORK WEEK & OVERTIME Section 1. The normal workweek for members of the Bargaining Unit shall be 40 hours per week. Section 2. All hours worked in excess of forty (40) hours per week shall be compensated at the rate of one and one-half times the employee's regular straight time hourly rate. For purposes of this section "hours worked" shall only include hours for which the employee performs services for the Employer, paid holiday leave and vacation leave. Section 3. In the event an officer reporting for his regular duty is given an assignment prior to the normal commencement time of his shift, the officer shall be considered to be in an on -duty status, with such time being compensable. However, with the approval of the shift commander or superior officer the officer may elect to take an equivalent compensatory time at the end of the shift in lieu of payment. FOP Contract 4/11/2023 Page 10 Section 4. The officer working the overtime may request his shift commander to allow him to take compensatory time in lieu of payment for actual time worked, but if granted, must be taken within the same work week. Section 5. Officers shall receive a minimum of two (2) hours' time for court appearance and four (4) hours minimum time for call -out time at the appropriate rate of pay when the officer is required to report for court appearance or is required to report for duty outside of his regularly scheduled work shift. Call -out time which starts prior to the regular shift and continues into the employee's regular shift or time worked immediately following the regular shift shall not be eligible for the minimum. Call out time shall be defined as that period of time other than his regular work schedule when an officer is required to perform in his capacity as a police officer under instruction of a superior officer. The two (2) hour minimum shall apply to mandatory staff meetings and staff training when scheduled outside of the regularly scheduled work shift. Section 6. It is further recognized that from time to time normal shift and hour assignments may be temporarily reassigned for training purposes or other legitimate police functions. Under such circumstances, the 40 -hour rule will continue to apply. Section 7. "Required Court Time" outside the regular schedule of an employee will be calculated on an overtime basis and shall include lunch breaks that occur during the required court time. If court time occurs as a part of the officer's regular shift, overtime will not be paid. Section 8. Members of the Bargaining Unit will be allowed to exchange duty with other qualified officers up to twelve (12) times per year per City policy as in effect at the time of the exchange. However, no exchange will be permitted if it interferes with the ability of the department to perform special functions or training requirements. Section 9. Retired officers who are subpoenaed by the Commonwealth Attorney to Circuit Court to testify regarding Paducah Police Department cases they worked will be paid a $40 per day witness fee. /:1lot Wto4Dfa.7:\IYXy Section 1. Effective July 1, 2023, the members of the Bargaining Unit will receive a 6% wage increase, 4% and 3.0% July 1, 2024 and July 1, 2025 respectively. Actual increases will take effect on the first day of the pay period coincident with or following the effective date of the increase. Section 2. Police officers with specialty skills utilized by the department outside of their regular assignment, such as: Bomb Technician, K-9, SWAT, Accident Reconstructionist, Hostage Negotiator, Honor Guard, Language Translator, or similar special assignment shall receive additional compensation of fifty dollars ($50) per bi-weekly pay period. Such "special assignments" shall be made by the Chief of Police and additional compensation shall not be effective until after thirty (30) days of such assignment. Special duty pay shall be discontinued upon reassignment of a police officer to duties other than Bomb Technician, K-9, SWAT, Accident Reconstructionist, Hostage Negotiator, Honor Guard, and Language Translator, or similar special assignment. FOP Contract 4/11/2023 Page 11 Certified Police Training Officer (PTO), Police Training Supervisor (PTS), and Police Training Coordinator (PTC) assigned another officer or recruit shall receive overtime pay as appropriate for hours that are required outside of the regular work schedule to complete work related to the assigned officer/recruit. The actual hourly rate of this classification of employee is $1.25/hour higher than that shown in the wage rate schedule below. Police Officers assigned to Investigation duties as a Detective shall receive overtime pay as appropriate for hours that are required outside of the regular work schedule to complete work related to their assignment. The designated -on call detective shall receive one (1) hour overtime per day during on-call status Monday — Friday and two (2) hours overtime per day during on-call status Saturday — Sunday. The actual hourly rate of this classification of employee is $1.50/hour higher than that shown in the Wage Rate Schedule below. The Chief of Police with the approval of the City Manager may designate other special duty assignments and pay as deemed appropriate. Section 3. Based on comparative pay studies, the City may unilaterally increase the wage rate of any bargaining unit position or classification. Section 4. If during the term of this Agreement, the City negotiates and implements a percentage pay increase for any bargaining unit therein, then, in that event, the City will simultaneously therein adjust the bargaining unit wage scale in this Agreement unless the increase for another bargaining unit is a "catch-up" for a previously deferred pay increase and the "catch-up" is the only reason for the difference. The aforesaid adjustment shall equal, but not exceed, the differential between the percentage amount awarded to the bargaining unit herein and the higher percentage amount granted to any other City Bargaining Unit. Section 5. Members of the bargaining unit will be paid a shift differential for those employees regularly assigned to one of the following shifts: The shift differential for officers whose duty shift begins at or after 1:00 p.m. will be $.50/hour; the shift differential for officers whose duty shift begins at or after 6:00 p.m. will be $1.00/hour. The actual hourly rate for officers receiving shift differential pay is higher than that shown in the Wage Rate Schedule below. Section 6. Contingent upon approval of the City Manager and the Chief of Police, a newly hired employee may be given service credit for pay purposes only for previous law enforcement experience. The maximum credit will be ten (10) years of full service the new employee brings to the department from a previous employer. Such previous service will have to be from employment that would be considered beneficial to the City's current requirements for police officers' and at least equivalent to that of a current employee with the same amount of service with the department. Section 7. Effective July 1, 2023 wage rates shall be paid as follows, this includes increases in the base wage and a cost of living adjustment (COLA) over a three-year period effective the first bi-weekly pay period in July of each year. Effective July 1, 2020, members of the bargaining unit will receive a one-time placement in the following pay ranges based on their years of service on July 1, 2020. Years of Service Position in New Range FOP Contract 4/11/2023 Page 12 2 - 3 Years 3 Years 4 - 5 Years 5 Years 6 - 10 Years 10 Years 11- 15 Years 15 Years 16 - 20 Years 20 Years 21- 25 Years 25 Years Members of the bargaining unit will follow the wage rate table accordingly thereafter. Wage rates shall be paid as follows: Position SERGEANT 23 -Jul 24 -Jul 25 -Jul 5 Years 33.18 34.51 35.54 10 Years 34.84 36.24 37.32 15 Years 36.58 38.04 39.19 20 Years 38.41 39.95 41.15 25+ Years 40.33 41.95 43.20 Position POLICE Jul -23 Jul -24 Jul -25 OFFICERS 1 Years 26.36 27.42 28.24 3 Years 27.74 28.85 29.72 5 Years 29.12 30.28 31.19 10 Years 30.58 31.80 32.76 15 Years 32.11 33.39 34.39 20 Years 33.72 35.07 36.12 25 Years 35.40 36.82 37.92 Section 8. Each member of the collective bargaining unit shall receive longevity pay as set by the City for all eligible City employees. ARTICLE 18 CLOTHING ALLOWANCE Section 1. The City shall determine the appropriate uniform and equipment to be worn by Bargaining Unit members who shall be required to be in proper uniform upon reporting for duty. Section 2. All probationary candidates in positions included in the Bargaining Unit shall receive an initial clothing allowance of one thousand five hundred dollars ($1,500) and in the event such member shall fail to serve in the department for more than one (1) year, all clothing purchased with the initial clothing allowance shall be returned to the department. FOP Contract 4/11/2023 Page 13 Section 3. The Department shall furnish all leather items of equipment, except shoes, which items shall remain the property of the department and shall be returned to the department upon the departure of a member from the department for any reason other than retirement. Section 4. The City shall establish a credit/vendor or commissary system for employee purchases of clothing during the term of this agreement. A one thousand two hundred dollars ($1200 vendor credit per officer is to be distributed the 1st day of January and each subsequent year during the term of this Agreement. The officer may use his credit at any time during the year to and may carry over any unused amounts to the next year. All non -uniformed personnel covered by the Bargaining Unit agreement shall receive one thousand three hundred dollars ($1,300) per year allocated in two installments of four hundred fifty dollars ($450) on the second payday in February and four hundred fifty dollars ($450) on the second payday in June each year of the contract, with the remaining four hundred dollars ($400) to be deposited into the vendor credit system in the same manner as uniformed officers. Such disbursement shall be subject to all required withholdings per State and Federal law. Section 5. Each Bargaining Unit member shall be issued a soft body armor vest at time of initial employment at no cost to the employee. Body armor vests and carriers issued by the City will be replaced at no cost to the employee in accordance with the manufacturer's specifications. The use of such vests will be in accordance with Departmental Policy. Vests will be returned to the City upon replacement or upon the employee's termination of employment. Section 6. Any official clothing or equipment damaged while on duty will be replaced at no expense to the officer. Section 7. The City shall continue to issue each member of the Bargaining Unit a handgun which shall remain the property of the City. Section 8. At any time, the Chief of Police initiates a mandatory change in a Bargaining Unit employee's uniform, then the City agrees to purchase the first set. Other changes will generally require six (6) months advance notice and as far as practical comply with the January distribution of credit. FallWYton a 0WO All employees of the police department shall receive vacation time as follows: During the first nine (9) years of employment, vacation time shall accrue per pay period for a total of 120 hours per year. At the beginning of the tenth year, vacation time shall accrue per pay period for a total of 160 hours per year. At the beginning of the fifteenth year, vacation time shall accrue per pay period for a total of 200 hours per year. At the beginning of the twentieth year, vacation time shall accrue per pay period for a total of 240 hours per year. FOP Contract 4/11/2023 Page 14 Each member may accrue up to a maximum of 400 hours of vacation at any one time. Absence for a fraction or part of a day that is chargeable to vacation in accordance with the provisions of this article shall be charged proportionately in an amount not smaller than one (1) hour increments. No vacation leave shall be credited to any employee until such time as he has worked for the City for six (6) consecutive months, after which time vacation leave shall be credited from the date of employment. ARTICLE 20 HOLIDAYS Section 1. The following days during each calendar year are hereby designated as holidays on which all City employees, with the exception of the police department personnel, will be granted a holiday: New Year's Day (January 1) Martin Luther King Jr. Day Memorial Day (last Monday in May) Juneteenth (June 20) Independence Day (July 4) Labor Day Thanksgiving Day The day immediately following Thanksgiving Day Christmas Eve (December 24) Christmas Day (December 25) New Year's Eve (December 31) and such other general city employee holidays as may from time to time be designated by order of the Board of Commissioners. Section 2. Any officer in the bargaining unit who because of their shift assignment works a holiday shall receive two (2x) times his regular rate of pay for hours worked on the holiday, plus holiday leave equal to the time worked on said holiday up to eight hours. Premium pay for time worked on a holiday does not count toward hours worked for overtime purposes. Holiday time shall be granted upon the officer's request, at management's discretion, as soon as possible after said holiday. Members of the bargaining unit who are considered "on call' on a holiday shall receive two (2x) times their regular rate of pay for being on-call on the actual holiday. If called out on the actual holiday, officers shall receive two (2x) times their regular rate of pay for all hours worked on the holiday. Section 3. When a holiday occurs on an employee's regular scheduled off day, the employee will receive holiday leave of eight (8) hours. Such holiday time shall be granted upon the officer's request, at management's discretion, as soon as possible after said holiday. Section 4. Holiday leave shall be requested in writing and taken in increments of not less than one (1) hour. FOP Contract 4/11/2023 Page 15 Section 5. Effective July 1, 1993 an employee may accrue maximum balance of 150 hours of holiday leave time. Employees who terminate employment will be paid for accrued holidays up to 150 hours at time of termination. Section 6. Members of the bargaining unit will be granted one (1) personal day (eight (8) hours) each year of the contract. This personal day must be taken within the calendar year it is earned; it will not be rolled over into the next year. The personal day may be taken upon the officer's request. A maximum of one (1) officer per shift will be granted upon the officer providing supervision with a minimum of 48 hours' notice of their intent to use the personal day. ARTICLE 21 SICK LEAVE Section 1. Each member of the bargaining unit regularly employed on a full-time basis shall be entitled to sick leave with pay, and shall be entitled to accrue sick leave. Except as described in Section 4 below, an employee shall accrue sick leave at the rate of 11/2 days per month. A month in which a member of the bargaining unit is paid for twelve (12) days or more shall be considered a month of service. A day for which a member of the bargaining unit receives worker's compensation benefits from the City of Paducah or its insurance carrier shall be considered a day for which the employee is paid under this section. Any member of the bargaining unit granted a leave of absence for any other purpose shall not continue to accrue sick leave at the rate prescribed in this section during such absence. Service for sick leave credit includes all hours in active pay status, including regular non -overtime hours worked, paid vacation, paid sick leave and paid holidays, but not unpaid leave, unpaid suspension, layoff or overtime. Section 2. Retirement Time Purchase [Applicable only to employees hired prior to 01/01/2014]: When an employee retires the City will purchase one day of retirement credit for each sick day accumulated up to a maximum of one year's retirement credit (242 days). An employee must have a minimum of 50 days accrued sick time at the time of retirement to receive this benefit. This benefit is contingent on CERS approval. Section 3. Death Benefit: If an employee dies, the surviving spouse or designated beneficiary shall be entitled to the same unused sick leave benefits option as elected by the employee, either the retirement time purchase benefit described in Section 2 above or the payment alternative described in Section 4 below. Section 4. Payment Alternative: Members of the bargaining unit may elect the following benefit in lieu of the Retirement Time Purchase described in Section 2. a. Upon retirement, employees electing the payment alternative who have over 50 days of sick leave accumulated shall be paid an amount equivalent to one day's regular pay for all sick days accumulated over 50 days up to a maximum of 70 days pay. b. Employees electing the payment alternative who have 150 days of sick leave accumulated shall be paid an amount equivalent to one day's regular pay for 1/3 of all sick days accumulated over 150 days. Payment for these sick days shall be no later than the second paycheck in February of the following year. FOP Contract 4/11/2023 Page 16 C. Employees hired after this contract is executed who desire to select this payment alternative in lieu of the retirement time purchase benefit in Section 2 must state their desire in writing to the City Finance Director within 90 days of their date of employment. d. Employees selecting this benefit in lieu of the retirement time purchase described in Section 2 shall accrue sick days at the rate of 11/3 days per month. e. Employees who selecting this benefit in lieu of the retirement time purchase described in Section may accrue a maximum of 150 days of sick leave. All other employees may accrue a maximum of 242 days of sick leave. Section 5. A member of the bargaining unit eligible for sick leave with pay shall be granted such leave for the following reasons only: Illness, injury or pregnancy -related condition of the employee. b. The illness of a member of the bargaining unit member's household, his parents, or children, whether or not said parents or children are a member of the employee's household, who require the employee's personal care and attendance. C. Exposure of an employee to a contagious disease which could be communicated to and jeopardize the health of other employees. d. The death of a member of the bargaining unit member's immediate family; provided, however, the employee will be excused from work for a period of three (3) days only beginning with the day of death and ending with the day after the funeral, and the bargaining unit member may be paid for such three (3) days, but any additional time taken during such period shall be deducted from accumulated vacation or holiday leave. ("Immediate family" for purposes of this Article means a spouse, parent, spouse's parent, child [natural, adopted, step, or foster], grandparents, grandparent -in-law, grandchild, sister, brother, sister-in-law, and brother-in-law.) Section 6. A bargaining unit member on sick leave shall inform the Shift Supervisor or Shift Commander of the fact and reason as soon as possible but at least two (2) hours prior to the start of his scheduled shift, when such notification is possible, and failure to do so within the first day of absence may, at the discretion of the City Manager, be cause for denial of sick leave with pay for the period of absence. Section 7. Sick leave with pay in excess of three (3) consecutive working days for any reason shall be granted only after presentation of a written statement by a licensed physician certifying that the bargaining unit member was unable to perform the duties of his position. Such statements shall accompany payrolls submitted to the City Finance Director. Section 8. In special cases, with individual bargaining unit members, where the Chief of Police feels it is necessary to avoid abuse of the sick leave provisions, the Chief of Police may, with the approval of the City Manager, require that bargaining unit member to submit a written statement by a licensed physician for any absence. The bargaining unit member will be notified in advance that he will be required to submit such a statement when he is absent on sick leave. FOP Contract 4/11/2023 Page 17 Section 9. In unusual circumstances, and with the approval of the Chief of Police and the City Manager, sick leave may be taken in advance of accrual up to a maximum of thirty (30) working days; provided, that any bargaining unit member separated from City employment who has been granted sick leave that is unaccrued at the time of such separation shall reimburse leave and, if possible, for this purpose a deduction shall be made from the bargaining unit member's final payroll check. Section 10. Absence for a fraction or part of a day that is chargeable to sick leave in accordance with the provisions of this article shall be charged proportionately in an amount not smaller than one-quarter hour. The minimum amount charged will not be less than one (1) hour increments. Section 11. The Chief of Police, with good cause, may require an employee to take an examination, at the expense of the City, conducted by a licensed physician, designated by the City, to determine the physical or mental capacity to perform the duties of his position. Upon receipt of the physician's opinion on fitness, the Employer shall meet with the employee to discuss possible accommodations. Accommodations made by the Employer shall comply with applicable law. Section 12. Falsification of either the sick leave request or a physician's certificate or using sick leave for purposes other than which it was granted shall be grounds for disciplinary action up to and including discharge. r:1:1Wto4 W_#�MluIIIrirlR'dIDrwM Military leave for any full-time officer that is an active member of the United States Armed Forces, Reserve, or National Guard will receive up to 21 working days of military leave for the purpose of fulfilling state and/or federal active duty orders per Federal Fiscal Year, provided the orders require absence from employment at the City of Paducah. Paid military leave shall not exceed the number of working days actually required to fulfill your orders. Any military leave needed after 21 working days will be charged to vacation leave or leave without pay. The Federal Fiscal Year spans from October 1— September 30. Official leave must be requested in order to avoid being dismissed for job abandonment. A copy of your orders and a Leave of Absence form must be provided to your supervisor to initiate this request. The Chief of Police or Designee will forward to HR. A schedule of training shall be provided to the employee's supervisor at least 90 days in advance, unless emergency activation occurs. AR 1C LE �:3 HEALTH INSURANCE The City will continue to offer a group health insurance plan "Plan" to all full-time employees and/or retirees who qualify for and participate in the City's Plan, whereby participation is defined under the terms and conditions set forth during each annual renewal period or any intervening period as permitted by the summary plan description. Section 1. If during the term of this agreement, the City chooses to maintain its grandfathered status for the City's self-funded insurance plan in place as of March 23, 2010, it agrees to adhere to the following FOP Contract 4/11/2023 Page 18 prescribed mandates currently in effect, in addition to any other limitations imposed by the 2010 Healthcare Reform Legislation as adopted and considering any future amendments, unless repealed: a) Elimination of Benefits- The City agrees not to eliminate all or substantially all benefits to diagnose or treat a particular condition under the "Plan." b) Increase in Percentage Cost -Sharing- The City agrees not to increase (measured from March 23, 2010) the percentage cost-sharing (e.g., an increase in co-insurance paid by covered employees). C) Increases in Fixed -Amount Cost -Sharing- The City agrees to adhere to the regulations governing increases in fixed amount cost-sharing (e.g., deductibles or co -payments) measured from March 23, 2010. The City will not increase fixed cost sharing above an inflationary adjustment of up to 15% above medical inflation fixed -amount cost-sharing other than co -payments (such as a deductible). Medical inflation is defined by reference to the overall medical care component of the Consumer Price Index for All Urban Consumers (CPI -U) (unadjusted) published by the Department of Labor (OMCC). For co- payments, The City agrees not to increase (measured from March 23, 2010) the fixed -amount co- payments above the greater of (1) $5, increased by medical inflation; or (2) 15% above medical inflation. d) Decrease in Rate of Employer Contributions — The City agrees not to decreases its contribution rate (whether based on a formula or on cost of coverage) for any tier of similarly situated individuals by more than 5 percentage points below the contribution rate on March 23, 2010. In the case of a self- insured plan, contributions by an employer or employee organization are equal to the total cost of coverage minus the employee contributions toward the total cost of coverage. Section 2 If during the term of this agreement, the City chooses to join the KEHP (Kentucky Employees' Health Plan), the City agrees to adhere to the contribution rates as set forth by the State of KY, during renewal and open enrollment windows annually. Section 3 If during the term of this agreement, the City finds it necessary to seek an alternative arrangement (other than the arrangements described in Sections 1 and 2) for providing health care benefits to its employees, it agrees to provide coverage to its participating employees with cost sharing arrangements, coinsurance, and deductibles that are substantially similar compared to the plan(s) offered for the plan year 2011, unless said benefits have been modified as a result of federal or state legislation. (Appendix A Summary of Benefits) Section 4 The City will not reimburse for any expenses paid for by any other insurance carrier, including Worker's Compensation or for any other medical expenses which are not covered medical expenses under The Plan or which are not considered as usual, customary or reasonable, or considered medically necessary. Section 5. If either the Commonwealth of Kentucky or the federal government enacts legislation that modifies the benefits provided bargaining unit employees, nothing in this Article will prevent the City from adhering to the mandates as prescribed by law. . Section 6. The terms and conditions of the Health Insurance Plan controls as to all questions, including eligibility, benefits provided, and the amount of benefits. Section 7. The City retains the right to enact procedural changes during the Agreement to attempt to control costs. FOP Contract 4/11/2023 Page 19 Section 1. The City agrees to provide life insurance benefits on each employee's life, in the face amount of $12,500 to be paid upon the employee's death. The City agrees to provide a double indemnity benefit for any officer killed in the line of duty which will be $50,000 to be paid upon the employee's death. Section 2. Premiums for life insurance shall be paid by the City of Paducah. All earned dividends on such insurance policy or policies shall be paid to the City and shall become part of the general fund of the City. Section 3. Upon retirement, the employee participating in the group insurance may continue his coverage in the amount of Four Thousand Dollars ($4,000) for which the retiree shall pay monthly premium of fifty (50%) percent of its cost. The City shall pay an amount not to exceed Fifty percent (50%) of the total monthly premium. In no event shall the City pay more than Fifty percent (50%) of any such premium. Section 4. A copy of the current Life Insurance Policy and any changes in its terms or a change in carriers will be given to the President of the Bargaining Unit. ARTICLE 25 LIABILITY INSURANCE The City of Paducah shall, on an annual basis, endeavor to procure police officer liability insurance of sufficient quality and quantity of coverage as to adequately afford protection to the City and its officers. However, it is understood that the City may not be able to achieve desired level of coverage (due to circumstances beyond its control), or may not be able to obtain reasonable rates. In any case, the City shall be sole judge of type coverage to be procured. ARTICLE 26 STATUS OF BARGAINING COMMITTEE MEMBERS WHILE BARGAINING Members of the Bargaining Unit, up to a maximum of three (3), shall be allowed to participate in direct contract negotiations while in a pay status for up to two hours per negotiating session. However, if the number of employee hours being spent on such session becomes excessive in management's opinion pay status will not be allowed. ARTICLE 27 SEVERABILITY In the event that any provision of this Agreement is found to be contrary to law, it shall be of no further force and effect; but the remainder of the Agreement shall remain in full force and effect. ARTICLE 28 DURATION FOP Contract 4/11/2023 Page 20 Section 1. The parties acknowledge that during the negotiations which resulted in this Agreement the full understandings and agreement reached by the parties after the exercise of that right and opportunity are set forth in this Agreement. This Agreement constitutes the entire agreement between parties, and all other agreements written, oral, or otherwise are hereby canceled. All features of this contract shall remain in full force and effect unless amended or abandoned by mutual agreement through the 30th day of June 2026. If the parties are at impasse on this date then either party may request mediation through the Kentucky Labor Cabinet and the provisions of this Agreement will remain in effect for an additional sixty (60) days. Section 2. Between November 1 and 15, of 2025, either party may request in writing that negotiations be opened to modify or renew this Agreement. Within 10 days of receipt of the request to open negotiations the parties will meet and schedule at least four (4) negotiating meetings to be held between January 2 and March 1, 2026. Failure to reach tentative agreement in this timeframe may result in a forty-five (45) day suspension of negotiations. On or about April 16 negotiations will resume and if the parties come to an impasse, either party may request mediation services through the Kentucky Labor Cabinet and the current Bargaining Agreement will be extended for sixty (60) days. If there is no resolution through mediation or if the parties elect not to use mediation, then the City will present its last, best, final offer to the Bargaining Unit for a ratification vote. Section 3. Nothing in this contract shall preclude the parties from mutually agreeing in writing to amend the contract at any other time. FOP Contract 4/11/2023 Page 21 Signature Page IN WITNESS WHEREOF, the parties have hereunto set their hand this day of April 2023. This Agreement, approved by final ordinance shall become effective July 1, 2023. For the City of Paducah, Kentucky: George P. Bray Mayor For the Paducah Police Department Bargaining Unit: Nathan Jaimet President FOP Contract 4/11/2023 Page 22 LETTER OF UNDERSTANDING CONTRACTUAL OFF DUTY EMPLOYMENT Pursuant to City policy, effective at the signing of the July 1, 2023 agreement, the wage rate will be increased to $60.00/hour. The City will attempt to negotiate a higher wage rate consistent with CPI if economic conditions are generous enough that the consumers of the above-mentioned services are receptive to higher rates. Pursuant to City policy, effective at the signing of the July 1, 2023 agreement, the wage rate for Officers working contractual off duty employment on a City designated holiday will be $100.00/hour. The City will attempt to negotiate a higher wage rate consistent with CPI if economic conditions are generous enough that the consumers of the above- mentioned services are receptive to higher rates. For the City of Paducah, Kentucky: George P. Bray Mayor For the Paducah Police Bargaining Unit: Nathan Jaimet President Date Date Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Amend Code of Ordinances Chapter 106 Taxation for Efficiency in Payroll Tax Processing - S. MILLAY & J. PERKINS Category: Ordinance Staff Work By: Stacee Young, Jonathan Perkins, Stephanie Millay, Lindsay Parish Presentation By: Jonathan Perkins, Stephanie Millay Background Information: In order to process payroll tax bulk filings more efficiently, the Finance Department is proposing this ordinance amendment to require payroll companies who file more than 6 returns per quarter to submit an electronic file in place of individual paper returns. Currently, Revenue Technicians manually process around 2,700 accounts that report to us on a quarterly basis with a paper return and a check. It is estimated that utilizing electronic files on bulk filing accounts may reduce up to 25% payroll tax quarterly data entry time. This ordinance is also required to enter into the development queue of software companies for creating an electronic file compatible with Tyler Technologies. This proposed efficiency improvement does not affect hours required to process business licenses, property tax, insurance premium tax payments or customer service time. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Operational efficiencies. Communications Plan: Finance will communicate directly with payroll companies affected by this change. Funds Available: Account Name: Account Number: Staff Recommendation: Approve an amendment to the Code of Ordinances. Attachments: ORD 106-180 Electronic Filing Payroll Processors ORDINANCE NO. 2023 - AN ORDINANCE AMENDING CHAPTER 106, SECTION 106-180 "DEFINITIONS" AND 106-184 "DEDUCTIONS AND WITHHOLDING OF LICENSE FEES BY EMPLOYER; EMPLOYER TO FILE RETURNS AND PAY LICENSE FEES TO CITY; DUE DATE TO FILE RETURNS AND PAY LICENSE FEES" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,KENTUCKY WHEREAS, this Ordinance amends Chapter 106 of the Code of Ordinances of the City of Paducah, regarding electronic filing requirements for payroll processors. NOW, THEREFORE, be it ordained by the City Commission of the City of Paducah as follows: SECTION 1. That the City of Paducah, Kentucky hereby amends Section 106-180 "Definitions" of the Paducah Code of Ordinances as follows: Sec. 106-180. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Compensation means and includes the total gross amount of all salaries, wages, commissions, bonuses, gross receipts or other monetary payments of any kind, and any other considerations having monetary value, which an employee receives from or is entitled to receive from or has the right to charge the employee's employer for any services rendered by such employee in the City, including any kind of deductions before take home pay is received. The term "compensation" includes any amounts contributed by an employee to any retirement, profit sharing or deferred compensation plan, and any amounts contributed by an employee to any welfare benefit, fringe benefit, or other benefit plan, which are made by salary reductions or other payment methods, and shall also include all other amounts defined as compensation under KRS 67.750. The term "compensation" shall not include amounts paid to traveling salesmen or other workers as allowances or reimbursement for traveling or other expenses incurred in the business of the employer, except to the extent of the excess of such amounts over such expenses actually incurred and accounted for by the employee to the employer. Employee means and includes any person who renders services as an employee to an employer or for the benefit of an employer for compensation, including any person who renders such services in an occupation, profession, trade, labor or other type of service. The term "employee" includes any person who renders services for the benefit of any type of legal entity or government as an employee for compensation, including an officer of a legal entity incorporated under law, and any officer, employee, or elected official of the United States, a state, or any political subdivision of a state, or any agency of instrumentality of any one (1) or more of the above. The term "employee" shall not include a person who is an independent contractor or other type of business entity that is subject to business license taxes as defined under article III of this chapter. Employer means and includes any person who employs, contracts or otherwise engages an employee to provide a service for compensation, of any kind and description, as the employee of such person, except that: (1) If the person for whom the individual performs or performed the services does not have control of the payment of the compensation for such services, then in such case, the term "employer" shall then mean the person having control of the payment of such compensation; and (2) In the case of a person paying compensation on behalf of a nonresident alien individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term "employer" means the person who pays such compensation. (KRS 67.750 ; Section 3401(d) of IRC; Model Ordinance) Payroll Processor means and includes a business entity who is engaged by an employer administer the employer'spMoll and employee withholding requirements, and to process and file the employer's required returns in behalf of the employ SECTION 2. That the City of Paducah, Kentucky hereby amends Section 106-184 "Deductions and withholding of license fees by employer; employer to file returns and pay license fees to City; due date to file returns and pay license fees" of the Paducah Code of Ordinances as follows: Sec. 106-184. - Deductions and withholding of license fees by employer; employer to file returns and pay license fees to City; due date to file returns and pay license fees. (a) Each employer shall deduct and withhold from the compensation due any employee the amount of the license fee imposed by this article measured against the compensation due each employee. The payments required to be made on account of such deductions and withholdings by employers shall be paid quarterly to the Finance Director, for the quarterly periods ending September 30, December 31, March 31 and June 30 of each year, on or before the last day of the month next following the end of each such quarterly period. At the time of each payment, the employer shall file a return which shall report the compensation paid to the employee, and the amount which was deducted and withheld from such compensation to pay the license fees imposed under this article. The return shall be made on a form provided by the Finance Director. The failure or omission by an employer to deduct and withhold such license fee shall not relieve an employee from the liability to make the payment of such license fee to the City and from otherwise complying with the requirements for making a return as provided in section 106-188. (b) If, during a quarterly period, a payroll processor administers and processes the payroll and employeequirements of six (6) or more employers who are subject to this section, the payroll processor shall file the returns of those employers through electronic means. Each electronic filing shall be made in accordance with the means and format that are provided by the City. All payments due under the returns shall be paid to the City on or before the applicable due dates. The failure or omission of a payroll processor to make the electronic filings required under this subsection shall not relieve an employer from the liability that is imposed upon the employ under subsection (a) above, or from compliance with the electronic filing requirement under this subsection (b). [{43�}](c)If any employer dissolves or withdraws from the City during any taxable year, or if any employer in any manner surrenders or loses its charter during any taxable year, the dissolution, withdrawal, or loss or surrender of charter shall not relieve the employer from the obligation of deducting and withholding the license fees from the compensation paid to its employees and paying the licensee fees as required under this article, nor shall the employer be relieved from the liabilities which arise from the employer's failure to comply with those obligations as prescribed under this article. SECTION 3. 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 4. 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. SECTION 5. 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 6. EFFECTIVE DATE. 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, March 28, 2023 Adopted by the Board of Commissioners, Recorded by the City Clerk, Published by The Paducah Sun, Ord\106-180 Electronic Filing Payroll Processors Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Authorize the Mayor to enter into an Agreement with PCC Sports for the construction of Pickleball Courts at Noble Park in an amount of $701,967.00 - A. CLARK Category: Municipal Order Staff Work By: Amie Clark Presentation By: Amie Clark Background Information: On February 28, the Board of Commissioners authorized the City Manager to issue a re -bid for the construction of pickleball courts in Noble Park. The bid was released on March 9, 2023. Bid proposals were due back to the City on March 28, 2023, and were opened publicly. Three (3) proposals were received from Central Paving, Hellas Construction, and PCC Sports. This Ordinance authorizes the Mayor to execute an agreement with PCC Sports for $701,967.00 to construct an 8 -court pickleball facility as outlined in the RFP, including electrical and lighting. Funding for the pickleball courts will be provided by: • $205,000 - Pickleball Project Account PA0125 • $200,00 - Reallocation of ARPA funds from the Robert Cherry Civic Center Project Account (MR0093) to the Pickleball Project Account (PAo125) • $350,000 - Approve a budget amendment from Investment Fund Fund Balance to the Pickleball Project Account (PAO125) Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Quality of Life, Facilities Communications Plan: Funds Available: Account Name: Pickleball Project Account Number: PAO125 Staff Recommendation: Approval. Attachments: ORD budget amend FY2023 — Pickleball Courts PCC Sports ORDINANCE NO. 2023 - AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PRECISION CONSTRUCTION & CONTRACTING, LLC (PCC SPORTS) IN AN AMOUNT OF $701,967.00 FOR THE CONSTRUCTION OF PICKLEBALL COURTS AT NOBLE PARK AND AMENDING ORDINANCE NO. 2022-06-8740, ENTITLED, "AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2022, THROUGH JUNE 30, 2023, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT" WHEREAS, on February 28, the Board of Commissioners authorized the City Manager to issue a re -bid for the construction of pickleball courts in Noble Park; and WHEREAS, the bid request was released on March 9, 2023, and opened publicly on March 28, 2023; and WHEREAS, three (3) proposals were received from Central Paving, Hellas Construction, and Precision Construction & Contracting (hereinafter "PCC Sports"); and WHEREAS, the City of Paducah now desires to enter into an agreement with PCC Sports for the construction of 8 pickleball courts at Noble Park; and WHEREAS, WHEREAS, the City Commission now wishes to amend the FY2023 budget to appropriate funding for the construction of said pickleball courts. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Budget Amendment. That the annual budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, as adopted by Ordinance No. 2022-06-8740, be amended by the following re -appropriations: • Transfer $350,000 from the Investment Fund Fund Balance to the Pickleball Project Account (PAO125) SECTION 2. Recitals & Authorizations. That the City of Paducah hereby accepts the bid of PCC Sports for the construction of eight (8) pickleball courts at Noble Park using post tension concrete and including electrical and lighting in the amount of $701,967.00 and authorizes the Mayor to execute the agreement with PCC Sports and all documents related to same. SECTION 3. Funding. That this expenditure shall be paid out of the Pickleball Project Account PAO125 utilizing the following funds: • $350,000 utilizing the budget amendment funding authorized in Section 1 above. • $200,000 of ARPA funding dollars previously allocated to the Robert Cherry Civic Center Renovation which are no longer needed for said renovation project. • Existing funds budgeted in Project Account PAO125 SECTION 4. 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. SECTION 5. 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 6. Severability. The provisions of this Ordinance are declared to be severable. If any section, phrase or provision shall for any reason be declared invalid, such declaration shall not affect the validity of the remainder of this Ordinance. SECTION 7. Effective Date. 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 by Lindsay Parish, City Clerk, Published by The Paducah Sun, \ord\FIN\budget amend FY2023 — Pickleball Courts PCC Sports Agenda Action Form Paducah City Commission Meeting Date: April 11, 2023 Short Title: Approve the Consensual annexation of a portion of 252 Locust Avenue - J. SOMMER Category: Ordinance Staff Work By: Josh Sommer Presentation By: Josh Sommer Background Information: Mr. George Sullivan has requested a portion of his property located at 252 Locust Avenue to be annexed into the City of Paducah. The proposed annexed area is approximately 2/3 of the total lot. Therewith the ROW of Coleman Road to the east, the total annexed area is proposed to be 1.47 acres. Upon annexation, a request will be made to the Paducah Planning Commission to initially zone the property M-1 Light Industrial Zone, which is located south of the property. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Community Growth Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval Attachments: 1. ORD Annex — Consensual 252 Locust Avenue 2. Signed Annexation request letter 3. 2023-013 P 4. DESCRIPTION OF TRACT 1 ORDINANCE NO. 2023- - AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS WHEREAS, the property, approximately 1.47 acres of land located at 252 Locust Avenue, is contiguous to the boundaries of the City of Paducah and particularly and accurately set out in the legal description below; and WHEREAS, said property is suitable for development for urban purposes without unreasonable delay because of population density, commercial, industrial, or governmental use of land, or subdivision of land; and WHEREAS, said property does not include any territory that is already within the jurisdiction of another incorporated city, or another county; and WHEREAS, said property is not part of an agricultural district formed pursuant to KRS 262.850(10); and WHEREAS, on January 27, 2023, the owner of said property, Mr. George Sullivan, requested said consensual annexation in writing to the Board of Commissioners through the Paducah Planning Department; and WHEREAS, pursuant to KRS 81A.412, a city may annex any area that meets the requirements of KRS 81A.410 if each of the landowners in the area to be annexed gives prior written consent to the annexation; and WHEREAS, in accordance with Senate Bill 141, the property owner made a request for annexation of his or her property, the property is contiguous to the existing city boundary, and the city has provided written notice to the fiscal court wherein the property is located at least 45 days prior to enacting a final ordinance annexing the property or has received concurrence for the annexation from the fiscal court; and WHEREAS, the City of Paducah now wishes to enact a single ordinance annexing the land described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah, Kentucky, annexes into the corporate limits and makes a part of the City of Paducah, Kentucky, said real property being more particularly and accurately described as follows: LEGAL DESCRIPTION COMMENCING AT A 4" X 4" CONCRETE MONUMENT FOUND IN THE NORTHERLY LINE OF THE PEBCO, INC. PROPERTY (DEED BOOK 1195, PAGE 61), AT THE SOUTHWEST CORNER OF THE GEORGE G. SULLIVAN REVOCABLE TRUST PROPERTY (DEED BOOK 1496, PAGE 142); THENCE, N 84° 16'04" E, ALONG SAID PEBCO INC. PROPERTY, FOR A DISTANCE OF 168.79 FEET TO THE POINT OF BEGINNING; SAID POINT OF BEGINNING HAVING A NORTHING OF 3571931.57, AND AN EASTING OF 4068087.48 ACCORDING TO THE KENTUCKY CORS REAL- TIME NETWORK KENTUCKY SINGLE ZONE STATE PLANE COORDINATE SYSTEM (1600); THENCE, N 05'42'02" W, LEAVING SAID PEBCO INC. PROPERTY FOR A DISTANCE OF 157.93 FEET TO A POINT IN THE SOUTHERLY LINE OF THE ON-SITE DEVELOPMENT, LLC PROPERTY (DEED BOOK 1469, PAGE 661); THENCE, N 84° 17'58" E, ALONG SAID ON-SITE DEVELOPMENT PROPERTY AND THEN CROSSING COLEMAN ROAD FOR A DISTANCE OF 393.65 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY OF SAID COLEMAN ROAD; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING THREE (3) CALLS: S 09° 57'08" E FOR A DISTANCE OF 153.26 FEET TO A POINT; THENCE, N 79° 58'32" E FOR A DISTANCE OF 19.58 FEET TO A POINT; THENCE, S 09° 58'57" E FOR A DISTANCE OF 6.36 FEET TO A POINT; THENCE, S 84° 16'04" W, LEAVING SAID EASTERLY RIGHT-OF- WAY, CROSSING THE AFOREMENTIONED COLEMAN ROAD, AND THEN ALONG THE AFOREMENTIONED PEBCO INC. PROPERTY; A DISTANCE OF 425.01 FEET TO THE POINT OF BEGINNING. CONTAINING 1.47 ACRES, MORE OR LESS, ACCORDING TO A SURVEY BY WEST KENTUCKY LAND SURVEY, UNDER THE SUPERVISION OF ANDREW C. JULIAN, KENTUCKY PROFESSIONAL LAND SURVEYOR NUMBER 4133, DATED 3-22-2023. SECTION 2. The City of Paducah hereby declares it desirable to annex the property described in Section 1 above. SECTION 3. If any section or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be deemed severable and shall not affect the validity of the remaining sections of the ordinance. SECTION 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. SECTION 5. 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 by Paducah City Clerk, Published by The Paducah Sun, ORD\Plan\Annex — Consensual 252 Locust Avenue CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky and that the foregoing is a full, true and correct copy of the Ordinance No. 2023- adopted by the Board of Commissioners of the City of Paducah at a meeting held on WITNESS, my hand and seal of the City of Paducah, this day of , 2023. Lindsay Parish, City Clerk January 27, 2023 City of Paducah Planning Department Attn: Joshua P. Sommer 300 South 51h Street Paducah, KY 42003 Re: Annexation request Dear Josh: I, George Sullivan, am requesting annexation of 252 Locust Avenue into the City of Paducah, pursuant to KRS 81A.412. This parcel totals approximately 1.93 acres and meets the requirement of KRS 81A.410. I request to utilize the City of Paducah Real Estate property tax incentive for this property and the one-year sanitation pick up within five years of annexation (if applicable). The City of Paducah acknowledges I may retain the current ingress/ egress off Coleman Road or a new ingress/ egress may be constructed in the future in accordance with any requirements by the City of Paducah Engineering Department. As a further incentive, building permit fees would be waived by the Paducah Fire Prevention Division for a pole -barn type structure proposed on the property. It is further requested that this parcel be zoned Light Industrial Zone (M-1) upon annexation. Thank u, iso I ?,az.Z George ullivan S VII -3%tq, 50 lk� (��{�y e W g `JMOd EIVtii0i�LtUF 0�iLULU3ANfI50NVIFXJII1N3M 153N4 -41ed �9` o ZYI 3Dtld '89YI AW30H3Q :H�N3L3dd3 d03�AN0$ —W A3,83d0dd 3,SIIU 3ITCAA3j] o _ MVAI'I'IfIS � 397I0331)3H,L 30 JaVd .� N F %,,,,,, _-' mo o eeelld z e F TI MOIJLVX3M 1-4 2 �a y. a oiiinuunmm�uuw�o �odm 5 � �a M W V =Y C W F5 zx O 'Ic U UI ~ I rA a O �I oyar6m�� tQ _ L W Wp��TMwArvpnaa Z= _ O � E� 3MS 01 LON dVN AYINI3U L0 i z PQ Cz kms] omuuuuuwuuuuwo 2 �a y. ' i - oiiinuunmm�uuw�o �odm 5 n M fZ L O�UiC M. O =Y C W F5 cZmii �sew9 'Ic U UI — — I z PQ Cz kms] omuuuuuwuuuuwo She -o Epp :: iPl�= ice = ' i - oiiinuunmm�uuw�o �odm 5 n M fZ L O�UiC M. O =Y C W F5 cZmii �sew9 'Ic z s ® Zgf0� h �I oyar6m�� tQ UFvmi0<'< p m S Imp C c a h o � "e�mcv�i �Fz�mxc 4 �1Z'0C 4F< 4 �iFTC� V �y�y4FFaC066�YM cCJ�F�� C �$yt � y ZEF� Chi h,2 iy �z®�o 2023-013 March 23, 2023 DESCRIPTION OF TRACT 1 COMMENCING AT A 4" X 4" CONCRETE MONUMENT FOUND IN THE NORTHERLY LINE OF THE PEBCO, INC. PROPERTY (DEED BOOK 1195, PAGE 61), AT THE SOUTHWEST CORNER OF THE GEORGE G. SULLIVAN REVOCABLE TRUST PROPERTY (DEED BOOK 1496, PAGE 142); THENCE, N 84° 16'04" E, ALONG SAID PEBCO INC. PROPERTY, FOR A DISTANCE OF 168.79 FEET TO THE POINT OF BEGINNING; SAID POINT OF BEGINNING HAVING A NORTHING OF 3571931.57, AND AN EASTING OF 4068087.48 ACCORDING TO THE KENTUCKY CORS REAL-TIME NETWORK KENTUCKY SINGLE ZONE STATE PLANE COORDINATE SYSTEM (1600); THENCE, N 05'42'02" W, LEAVING SAID PEBCO INC. PROPERTY FOR A DISTANCE OF 157.93 FEET TO A POINT IN THE SOUTHERLY LINE OF THE ON-SITE DEVELOPMENT, LLC PROPERTY (DEED BOOK 1469, PAGE 661); THENCE, N 84° 17'58" E, ALONG SAID ON-SITE DEVELOPMENT PROPERTY AND THEN CROSSING COLEMAN ROAD FOR A DISTANCE OF 393.65 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY OF SAID COLEMAN ROAD; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING THREE (3) CALLS: S 09° 57'08" E FOR A DISTANCE OF 153.26 FEET TO A POINT; THENCE, N 79° 58'32" E FOR A DISTANCE OF 19.58 FEET TO A POINT; THENCE, S 09° 58'57" E FOR A DISTANCE OF 6.36 FEET TO A POINT; THENCE, S 84° 16'04" W, LEAVING SAID EASTERLY RIGHT-OF-WAY, CROSSING THE AFOREMENTIONED COLEMAN ROAD, AND THEN ALONG THE AFOREMENTIONED PEBCO INC. PROPERTY; A DISTANCE OF 425.01 FEET TO THE POINT OF BEGINNING. CONTAINING 1.47 ACRES, MORE OR LESS, ACCORDING TO A SURVEY BY WEST KENTUCKY LAND SURVEY, UNDER THE SUPERVISION OF ANDREW C. JULIAN, KENTUCKY PROFESSIONAL LAND SURVEYOR NUMBER 4133, DATED 3-22-2023.