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Home My WebLink AboutMO #3163MUNICIPAL ORDER NO. 3163 A MUNICIPAL ORDER APPROVING A FUNDING AGREEMENT WITH THE PADUCAH COOPERATIVE MINISTRY IN AN AMOUNT NOT TO EXCEED $200,000 FOR AN EMERGENCY SHELTER, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the Board of Commissioners hereby authorizes the Mayor to execute a Funding Agreement in an amount not to exceed $200,000 with Paducah Cooperative Ministry in substantially the form attached hereto and made part hereof (Exhibit A). SECTION 2. That the Board of Commissioners hereby authorizes the City Manager to identify and allocate funding for the portion of said payment to occur in FY2026. The Final Payment contemplated by the Funding Agreement shall be budgeted in FY2027. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. Bray, AT ,EST - in' 'say :indsay Parish City Clerk Adopted by the Board of Commissioners, November 25, 2025 Recorded by Lindsay Parish, City Clerk, November 25, 2025 mo/agree — Paducah Cooperative Ministry — Emergency Shelter EXHIBIT A FUNDING AGREEMENT PADUCAH INTERFAITH MINISTRY INCORPORATED This Funding Agreement, effective this day of , 2025, by and between the CITY OF PADUCAH (hereinafter "City") and the PADUCAH INTERFAITH MINISTRY INCORPORATED (hereinafter "PCM"), a Kentucky Non-profit corporation. WITNESSETH: WHEREAS, PCM is remodeling a building to become an emergency shelter to temporarily house, men, women, and children in homelessness for up to a 24-hour period; WHEREAS, the remodeling, entails critical construction needs including plumbing, sewage, and other infrastructure; WHEREAS, PCM is a non-profit organization, headquartered within the geographical bounds of the City of Paducah, that provides food, temporary housing, and other necessities for those in homelessness presently in McCracken County; WHEREAS, the services of PCM are for the direct benefit of the citizens of the City of Paducah by reducing the community impact of homelessness and serving the general welfare of the homeless inhabitants of the City; WHEREAS, expending City of Paducah tax dollars to provide services for residents of the City of Paducah who are without a home serves a valid public purpose; and WHEREAS, the City desires to provide a grant for the services described herein under the terms and conditions outlined in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the City and PCM do hereby agree as follows: SECTION 1: TERM The term of this contract shall be from the effective date of the contract until the remodeling project has been completed and required accountings have been submitted and accepted by the City. SECTION 2: TERMINATION Either party may terminate this Funding Agreement upon failure of any party to comply with any provision of this agreement, provided any such party notifies the other in writing of such failure and the breaching party fails to correct the breach within thirty (30) calendar days of the notice. SECTION 3: PAYMENT In consideration of the remodeling costs of the emergency shelter and the services provided, the City shall pay PCM up to two hundred thousand dollars ($200,000.00) as follows: Initial Payment: The City shall pay PCM one hundred thousand dollars ($100,000.00) on or before April 1, 2026. Final Payment: Upon completion of the remodeling project, PCM may request a final payment of up to one hundred thousand dollars ($100,000.00). The City's final payment shall be contingent upon: a. Submission of a final project report; b. Itemized accounting of all project -related expenditures funded by PCM; c. Verification by the City confirming the project's completion in accordance with the agreed-upon scope; and d. PCM's compliance with all other terms and conditions of this Agreement. The City shall have up to 60 days following submission of satisfactory documentation to process and remit the final payment. Timing: The final payment shall not be made prior to July 1, 2026, and only after all requirements in this Section have been met. SECTION 4: OBJECTIVES AND SERVICES PCM shall perform the following services for and on behalf of the City in consideration for the payments described above: • Make remodeling improvements at the emergency shelter including plumbing, sewage, and other infrastructure. • Provide emergency shelter, food, restrooms, showers, and other necessities for homeless residents of the City of Paducah for a minimum 5 -year period. • PCM shall provide annual reports to the City for a minimum five-year period demonstrating ongoing shelter operations. • PCM shall make reasonable, good -faith efforts to ensure that City of Paducah residents are the primary beneficiaries of the services supported by this Funding Agreement. Annual reports shall include the number of individuals served and the number who identify as City residents. SECTION 5: ACCOUNTING (A) PCM shall provide the City of Paducah with an accounting of all expenditures related to the allocations of funds provided by the City of Paducah as they are expended. Such reporting shall occur no later than 6 months after the completion of all renovations. (B) PCM shall provide a copy of its annual financial audit report to the City of Paducah within two weeks of its completion. (C) Accountings and annual reports required herein shall be addressed as follows: City of Paducah Attn: Lindsay Parish, City Clerk 300S. 5'h Street Paducah, KY 42002 1parish@paducahky.gov SECTION 6: PERMITS AND LICENSES PCM represents and warrants that it, along with any subcontractors or subsidiaries engaged in the remodeling, construction, or operation of the emergency shelter, is currently in compliance with all applicable local, state, and federal laws, regulations, permits, and licensing requirements. PCM shall obtain, maintain, and remain fully compliant with all permits, licenses, inspections, and approvals required for the remodeling project and the ongoing operation of the emergency shelter. SECTION 7: ENTIRE AGREEMENT This contract for services embodies the entire agreement between the parties and all prior negotiations and agreements are merged in this agreement. This agreement shall completely and fully supersede all other prior agreements, both written and oral, between the parties. SECTION 8: WITHDRAWAL OF FUNDS Notwithstanding any other provision in this Funding Agreement, in the event it is determined that any funds provided to the PCM are used for some purpose other than in furtherance of the services described herein, the City shall have the right to immediately withdraw any and all further funding and shall immediately have the right to terminate this Funding Agreement without advance notice and shall have the right to all remedies provided in the law to seek reimbursement for all monies not properly accounted. SECTION 9: MISCELLANEOUS This document constitutes the sole agreement between the parties concerning the obligations specified herein, and it supersedes and replaces all prior and contemporaneous oral and written understandings pertaining to the subject matter hereof. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without giving effect to its choice of law provisions. The parties hereby consent to the exclusive jurisdiction of the state courts of Kentucky with respect to all matters arising out of or related to this agreement. No amendment or modification of the terms or conditions of this Agreement will be valid unless in writing and signed by both parties. The failure of either party to partially or fully exercise any right or the waiver by either party of any breach shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. No waiver shall be valid or binding unless in writing and signed by the waiving party. If any provision of this Agreement or the application of any provision hereof to any person or circumstances is held to be void, invalid, or inoperative, the remaining provisions of this Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity. Witness the signature of the parties as of the year and date first written above. CITY OF PADUCAH By Title Date: PADUCAH INTERFAITH MINISTRY INCORPORATED By Title Date: