HomeMy WebLinkAboutCCMPacket2013-11-12CITY COMMISSION MEETING
AGENDA FOR NOVEMBER 12, 2013
5:30 P.M.
ROLL CALL
INVOCATION—
PLEDGE
NVOCATION—
PLEDGE OF ALLEGIANCE—Nladdie Ybarzabal— Paducah Tilghman High School
Freshman
PROCLAMATION — 20+ Years in Business for Downtown & LowerTown Merchants
PRESENTATION —Barkley Regional Airport Authority Audit & Update for FY2013 —
R. Roof
ADDITIONS/DELETIONS
L
MINUTES
11.
MOTIONS
A. R & F Documents
III.
APPOINTMENTS
A. Tree Advisor Board
B. Paducah -McCracken CouotN Senior Citizen's Board
C. Paducah Planning Commission
D. Board of Adjustment
E. Paducah -McCracken CounqRiverport Authorit}
IV.
MUNICIPAL ORDERS
A. Personnel Actions — C. MEDFORD
B. Bridge Safe Load Capacity Posting Certification to KYTC — R.
MURPHY
V.
ORDINANCE— INTRODUCTION
A. KY Homeland SecuritN Grant A" and for Portable Radios — S.
ERVIN
B. Amending Zoning Ordinance: —S. ERVIN
1. Section 126-71, Off-street Parking and Loading Areas
2. Section 126-76, Zoning Regulations
3. Section 126-106, Convenience and Service Zone
VL
CITY MANAGER REPORT
VII.
MAYOR & COMMISSIONER COMMENTS
Vill.
PUBLIC COMMENTS
IX.
EXECUTIVE SESSION
November 12, 2013
move that the following documents be received and filed:
DOCUMENTS
Transit Authority of the City of Paducah Financial Statements with Independent
Auditor's Report for the Year Ended June 30, 2013
Purchase District Health Department Report on Audit of Financial Statements and
Supplemental Schedules for year ended June 30, 2013
BOARDS and COMMISSIONS
APPOINTMENTS and REAPPOINTMENTS
FOR CITY COMMISSION CONFIRMATION
/Appointment
Reappointment
- Joint Appointment NAME: cu A 4-�t,
Joint Reappointment
NAME OF BOARD OR COMMISSION:
DATE TO BE PLACED ON AGENDA:gypm
EXPIRATION OF TERM DATE: (,
APPOINTEE'S HOME ADDRESS:
Street: ( 0 1 c H: I
City/Zip: - �, C a -.
Phone: as U -LI LI a - a9C)c
Email Address:
Appointee's Business Name:
Address:
City/Zip:
Phone:
TO REPLACE ON BOARD: ' I" oyae
Thank yon`1-----
^_✓Resigned ADDRESS: O-) U 1 yS") a 4
- Term Expired
Other(ecplain) Cih/Zip:
\",
Appointee Confirmation: Date: Q By: 'C
Board of Commission Approval:
Original to: Tammara S. Sanderson, Cit) Clerk BOARD CHAIR'VIav":
CC: file
Biography—Cindy Jones
Cindy Jones moved to Paducah in 1967 and graduated from Paducah Tilghman High
School. She earned a BS in elementary education from the University of Kentucky and a MA
degree from Murray State University in the field of environmental education. She was a
teacher with the Paducah City Schools, serving as an elementary science specialist and later as a
middle school biology teacher. She also taught high school biology and anatomy at Community
Christian Academy.
Currently, Cindy is a member of the Paducah Garden Club, where she oversaw the
planting of 100 trees on Jefferson Street following the 2009 ice storm. She also serves on the
Civic Beautification Board, is a member of the Kalosophic Club, and is a lay reader at Grace
Episcopal Church. She is a volunteer docent at the Nature Station in the Land Between the
Lakes and at the Yeiser Art Center.
Cindy is the wife of Burnham Jones, mother of two boys, and grandmother of one, all of
whom live in Paducah.
BOARDS and COMMISSIONS
APPOINTMENTS and REAPPOINTMENTS
FOR CITY COMMISSION CONFIRMATION
Appointment
d Reappointment �. I
- Joint Appointment NAME:
- Joint Reappointment
NAME OF BOARD OR COMMISSION:c �yAACQ -i�I_
,I a
DATE TO BE PLACED ON AGENDA: lVovonm han UI
EXPIRATION OF TERM DATE: �A��9 �� 7Q I (9
APPOINTEE'S HOME ADDRESS:
Street:�� a ��r�
CitN/Zip: i`ti i til h 1� Y J4 �CO
Phone:
Email Address:
Appointee's Business Name:
Address:
Cit}'/Zip:
Phone:
TO REPLACE ON BOARD:
— Thank you
Resigned ADDRESS:
Term Expired
Other (explain) City/Zip:
Appointee Confirmation: Date: 10 /g A3_ Bc:
Board of Commission Approval:
Original to: "iammara S. Sanderson. Cit\ Clerk BOARD CHAIRMAN:
CC: ftle
BOARDS and COMMISSIONS
APPOINTMENTS and REAPPOINTMENTS
FOR CITY COMMISSION CONFIRMATION
Appointment
Reappointment
= Joint Appointment NAME: ^�
�e-vi � /t'{arri 5rm
Joint Reappointment
NAME OF BOARD OR COMMISSION:
DATE TO 6E PLACED ON AGENDA: INovp
EXPIRATION OF TERM DATE:
APPOINTEE'S HOME ADDRESS:
Street: -LI
City/Zip:_
Phone:
Email Address: CiQVt M( rrLI crn Kc,H"C.2dU
Appointee's Business Name:
Address:
Cit}'
/Zip:
Phone:
TO REPLACE ON BOARD:
Thank you
Resigned ADDRESS:
_ Term Expired
Other (explain) City/Zip:
Appointee Confirmation: Date: BN:
Board of Commission Approval:
Original to: Tammara S. Sanderson, Cit Clerk BOARD CHAIRNIAN:
Cc: file
BOARDS and COMMISSIONS
APPOINTMENTS and REAPPOINTMENTS
FOR CITY COMMISSION CONFIRMATION
Appointment
d Reappointment _\
Joint Appointment NAME: L 1C�C0 G
Joint Reappointment
NAME OF BOARD OR COMMISSION:
DATE TO BE PLACED ON AGENDA:
EXPIRATION OF TERM DATE:u�
APPOINTEE'S HOME ADDRESS: U
Street: I L -I 0
Cita/Zip: slf'c IC �(�CjO1
Phone:
Email Address:ontl1 ('(Yrnr 4 rlk.�'
Appointee's Business Name: J
Address:
City/Zip:
Phone:
TO REPLACE ON BOARD:
Thank von
Resigned ADDRESS:
Term Expired
Other (explain) City/Zip:
Appointee Confirmation: Date: B�:
Board of Commission Approval:
Original to: Tammara S. Sanderson, City Clerk BOARD CHAIRN[AN:
Cc: file
BOARDS and COMMISSIONS
APPOINTMENTS and REAPPOINTMENTS
FOR CITY COMMISSION CONFIRMATION
Appointment
Reappointment
Joint Appointment NAME: f) n(�-
Joint Reappointment
NAME OF BOARD OR COMMISSION:
DATE TO BE PLACED ON AGENDA:
EXPIRATION OF TERM DATE:
APPOINTEE'S HOME ADDRESS:
Street:
City/Zip:
Phone: BILI 3 l�U
Email Address: e-+cco4e2(a%
Appointee's Business Name:
Address:
Cih/Zip:
Phone:
TO REPLACE ON BOARD:
_ Thank von
7 Resigned ADDRESS:
Term Expired
Other (explain) CitvOzip:
Appointee Confirmation: Date: By:
Board or Commission approval:
Original to: Tammara S. Sanderson. Cit} Clerk BOARD CHAIRNIAN:
Cc: file
BOARDS and COMMISSIONS
APPOINTMENTS and REAPPOINTMENTS
FOR CITY COMMISSION CONFIRMATION
Appointment
Reappointment
Joint Appointment NAME: M p to
Joint Reappointment
NAME OF BOARD OR COMMISSION:
DATE TO BE PLACED ON AGENDA:
EXPIRATION OF TERM DATE: �n�ierm 9lA ��\rj
APPOINTEE'S HOME ADDRESS:
Street: I l l lkb� ,t+u kU it \)Q
City/Zip: C cL C CLQ i �< l Q 661
Phone: aaa5'�`J' ILIUS
Email Address:
Appointee's Business Name:
Address:
City/Zip:
Phone:
TO REPLACE ON BOARD: b,_t
Thank you
Resigned ADDRESS: 0 7�t�i 0UVQ i CkA\ �Ca
Term Expired "
Other (explain) City/Zip: 2 d�CJ)
i
Appointee Confirmation: Date: By:
Board of Commission Approxal:
Ori -incl to: Tammara S. Sanderson, Cin Clerk BOARD CHAIRNIA\:
CC: file
Captain Greg Menke
Director, Center for Maritime Education in Paducah
With more than 40 years of experience in the river industry, Captain Gregory J. Menke directs
SCI's Paducah Center for Maritime Education. He began his career as a deckhand and worked
his way up, eventually becoming Captain and Assistant Director of the Steamer Belle of
Louisville. In 1978 he began work as a Towboat Captain for Chotin Transportation and later
vforked shoreside for Capital Marine Supply, Harbor and Fleeting as Manager of lvlarine
Operations. Capt. Menke also worked as Port Captain for Chotin and Senior Port Captain for
Orgul f Transport & Ohio River Company (later Midland Enterprises). When SCI opened its
Center for Maritime Education in Paducah in 1997, the Institute tapped Capt. 'Menke to serve as
Director of Inland Training. In 2000, he became the Director of the Center for Maritime
Education — Paducah.
Besides his extensive work experience, Capt. Menke holds several important qualifications.
including a USCG license as Nfaster of Steam or Motor Vessels of Any Gross Tons upon Inland
Waters: First Class Pilot of Vessels of Any Gross Tons upon the Ohio River from'vfile 279.0 to
981.0; Master of Towing Vessels upon Great Lakes, Inland Waters and Western Ricers: and
USCG Tankerman, Grade A and All Lower Grades, Additionally, Capt. Menke is certified in
Crew Endurance Management Systems and as a radar instructor. During his tenure kith SCI, Ile
has developed numerous classes and exercises; including the first simulator -training course
designed for Western Ricers towboat captains and pilots along with seminars addressing new
regulations and maritime issues for shoreside management and lire training courses targeting
towing operations. Capt. Menke has received a Public Service Commendation from the US Coast
Guard and in 2001 was named Port Person of the Year by the PadUcah Propeller Club.
CITY OF PADUCAH
November 12, 2013
Upon the recommendation of the City Manager, the Board of Commissioners of the
City of Paducah order that the personnel changes on the attached list be approved,
is Signature
Date
FIRE SUPPRESSION
Powless. Robert C.
Potter, John G.
Greer, Rhiannon
Johnston. Ryan B.
Kirkham, Timothy
Carter. Barry L
Reeves, Gabriel B.
Hair, Robert J.
Krnght, Barry
Skibinski, Raymond W
CITY OF PADUCAH
PERSONNEL ACTIONS
November 12, 2013
PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS
PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE
AND BASE RATE OF PAY AND BASE RATE OF PAY
Relief Driver
$14.40/Hr
Acting Fire Captain
$16.57/Hr
Acting Fire Lieutenant
$15.61/Hr
Acting Fire Captain
$16.57/H r
Acting Fire Lieutenant
S 15.61; H r
Fire Captain
S 16.68/Hr
Acting Assistant Fire Chief 2
S16.90/Hr
Acting Assistant Fire Chief 1
$16.93/Hr
Fire Captain
S16.60/Hr
Fire Captain
S16.60/Hr
Acting Fire Lieutenant`
NCS Non -Ex October 4. 2013
S15.61/Hr
November 7, 2013
Fire Lieutenant
NCS Non -Ex November 7, 2013
S15,78/Hr
Relief Driver
NCS Non -Ex November 7, 2013
$14 27/Hr
November 7, 2013
Fire Lieutenant
NCS
Non -Ex
November 7, 2013
$15 78/Hr
Relief Driver
NCS
Non -Ex
November 7, 2013
$14.40/Hr
Acting Assistant Fire Chief 1
NCS
Non -Ex
November 7, 2013
$16.93/H r
Acting Assistant Fire Chief 1
NCS
Non -Ex
November 7, 2013
$17.00/Hr
Acting Assistant Fire Chief 2
NCS
Non -Ex
November 7, 2013
$16.83/Hr
Acting Assistant Fire Chief 2
NCS
Non -Ex
November 7, 2013
S 16.75/H r
Acting Assistant Fire Chef 3
NCS
Non -Ex
November 7, 2013
S16.65/Hr
- --- - -- �....... aiiu a roved in the Personnel Actions 1105-13
osvless, Robert C. Relief Driver
Fire Lieutenant NCS Non -Ex November 7, 2013
S14.40/Hr S15.61/Hr
Agenda Action Form
Paducah City Commission
Meeting Date: November 12, 2013
Short Title: Certification to Kentucky Transportation Cabinet of Safe Load
Capacity Posting of Bridges within City Limits for 2013
❑Ordinance ❑ Emergency ® Municipal Order -E] Resolution ❑ Motion
Staff Work By: Angela Weeks, EPW Proj Mgr
Presentation By: Rick Murphy, PE, City Engineer -Public Works Director
Background Information:
Annually, the Kentucky Transportation Cabinet District One office inspects all bridges within
the City Limits. There are 13 actual bridges in the City Limits that are maintained by the City.
In order for the City to be eligible for Federal Bridge Replacement and Rehabilitation Funds,
the KYTC requires the Mayor to certify that City maintained bridges with safe load capacities
of 18 tons or less are posted in accordance with the National Bridge Inspection Standards.
The only bridge with this requirement within the City is the bridge located on South 24`h
Street with a weight limit of 14 tons. The weight limit is posted and has been verified as
shown in the attached photos.
Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns
Funds Available: Account Name: N/A
Account Number: Finance
Project Number:
Staff Reconnnendation:
To adopt a Municipal Order authorizing the Mayor to execute the certification that all city
maintained bridges with safe load capacities of 18 tons or less are posted in accordance with
the National Bridge Inspection Standards.
Attachments:
KYTC documents, Certification form, Bridge Map and Bridge Photos
Deparfent ad City Clerk City Manager
MUNICIPAL ORDER NO.
A,MUNICIPAL ORDER APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE THE STATEMENT OF CONIPLIANCE WITH NATIONAL
BRIDGE INSPECTION STANDARDS/BRIDGE POSTING REQUIREMENTS FOR
PADUCAH. KENTUCKY CERTIFYING BRIDGES WITHIN THECIT'Y LIMITS OF
PADUCAH ARE POSTED WITH SAFE LOAD CAPACITIES
WHEREAS. the Kentucky Transportation Cabinet District I, inspects all
bridges within the city limits and forwards the reports to the City Engineer's Office for
review, correction. and verification: and.
WHEREAS. the City Engineer now advises the Mayor that all city
maintained bridges are posted in compliance with standards as set forth by the Kentucky
Transportation Cabinet.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION I. That the City of Paducah hereby approves andauthorr/es
the Mayor to execute the Statement of Compliance with National Bridge Inspection
Standards/Bridge Posting Requirements for Paducah, Kentucky certifying that bridges
within the city limits of Paducah are posted "ith safe load capacities of 18 tons or less in
accordance with the National Bridge Inspection Standards.
SEC "CION 2. This Order shall be in full force and effect from and after
the date of its adoption.
Mayor
ATTEST:
Tanvnara S. Sanderson. City Clerk
Adopted by the Board of Commissioners. November 12. 2013
Recorded by Tammara S. Sanderson. City Clerk, November 12, 2013
\moABridges KY Safe Load Capaalt Posting 2013
Steven L. i13asfi`dal Jf
rov�,rFor 550 l
1' X93- J3
September 30, 2013
Mayor Gayle Kaler
City of Paducah
P. O. Box 2267
Paducah, Kentucky 42002
Dear Mayor Kaler:
S�Cr�tdtl
�),.'r 0 2. Ml'
R
The annual and bi-annual inspection for bridges in the city of Paducah was completed on
September 27, 2013.
Attached are copies of our inspection reports and work candidates list for these structures.
The following is a list of all bridges with weight limits below 18 tons and the posting status of each:
PROJECT NUMBER ROAD NAME & NUMBER WEIGHT LIMIT POSTED
073C00045IV South 24� Street (CS -1331 ) 14 Torts Yes
In order for your City to be eligible for Federal Bridge Replacement and Rehabilitation Funds for
the coming year, the bridges listed must be signed for the weight limit shown. Those listed for less
than (3) Tons capacity must be physically barricaded. All siggs and barricades must conform to
the Manual on Uniform Traffic Control Devices.
Upon receipt of this letter, your county has 30 days to properly post or barricade the required
structure, then sign, date, and return the statement of compliance form to this office.
If you have any questions, please contact this office at (270) 898-2431
MM:GWC
Enclousers
Sincerely,
Mike McGregor
Acting Chief District Engineer
r ' 1.
Statement of Compliance With
National Bridge Inspection Standards,
Bridge Posting Requirements for
Paducah, Kentucky
I -his certilles that the Cit) ol'Paducah has posted all City maintained bridge structures
\%ith safe load capacities less than 18 tons in accordance withthe national Bridge
Inspection Standards.
Paducah Citi Manor Date:
All City maintained bridge structures kith safe load capacitN ratings less than 18 tons. in
the city of Paducah have been posted as required by the National Inspection Standards.
District One Bridge En;ineer Date:
Chief District Engineer Date:
h.
l•�FSrlrl i �,+}��,� ,' � •y`;'7��'` 'd �i 4�llr'.rr 6'; '. �•�'�
wt'•-u♦�,. S ��`-..•yr - . ,-' ` '.L dtr.• ;'+'StJ �t ,+. , • ��,r I✓✓ a
r}f/'f...
TyiJi !I
•k; +J.
* 111 rr,::... ; _
n �a r '`� � � } �'dP94��+ 1�! 4 , _{• I�.
�„el�=~.�:-t ��a'��:.,,. .. �,�- i .�.'f_ •�„}� r
.::1trAf� •�^���ti�!YE ,i... } �r� ��i - 5�f�_ ,`i� •�, ,{ r .y��si ' �I r'r 'r ���
5.�s5 ii�� Yrs y`_\Y S.l.- �, ]•-� +S �I 1rvk�l -' I J' .� [ '�,�_ 4•. - - �� i�
.tri': _ �. .w.,�•:._ ,*al�':{' .� ,. I �r,
•- Vii. - +' •y4` - '�+'+5y� :�i_ �.- r--;1 :�: .-1����`i` rj:'y�.
WP 4m z
M • ��' . t;l l'r r ,1,i •M1. _ 'yam _ - •” ,yYLr IIS
}_
_�^•3w.���,f� r7if.�4� f;F`r�-' _ � _ •, - . wy'''. -- � i�'k �
r
_ ,•,r. ,' - ..5 {gin ..Y'. r ' _ + �.
Ali L;
Fr }
•ter -_ - �� ��i� ����
Agenda Action Form
Paducah Citv Commission
Ytzetin2 Date: NoNember 12.'013
Short Title: KOHS 2013 Portable Radios Grant .assistance ,agreement
Ordinance ❑ Emergene%
❑ Municipal Order ❑Resolution ❑ Motion
Staff �6 ork Bc: Asst. Chief Stace% Grimes, Shercl Chino
Presentation B}: Stev=e Erin
Background information: The application %cas oriainalh approved by municipal order 1719. The Citi
of Paducah has been akrarded $32,000 for the Paducah Police Department's Hand -Held Radio Replacement
Project through the KY Department of Homeland Securit} (KOHS). The original Grant application «as for
approximatel% 565,000 to purchase 20 hand-held radios. Because funding was reduced to 533,000, the Paducah
Police Department kill purchase approximatel% 10 hand-held radios_ No match is required for this °rant.
A ;rant agreement has been issued b% KOHS and requires authorization b% the Paducah Cit% Connnission to
allow the :ala%or to execute the grant agreement.
Goal: ❑Strong Econom% ®Qualit% Services ❑ Vital Neighborhoods Restored Do�%nto%Nns
Funds Available: Account Name: 2013 KOHS Radios
Account Number: 010-1616-521.23-07 [�:Finance
Project Number: P00075
CFD.A:
Staff Recommendation: Approval
Attachments:
ORDINANCE NO, 2013 -11 -
AN ORDINANCE OF THE CITY OF PADUCAH ACCEPTING .A 2013
KENTUCKY OFFICE OF HOMELAND SECURITY GRANT AWARD FOR THE PADUCAH
POLICE DEPAR TIENT AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY
OFFICE OF HOMELAND SECURITY
WHEREAS, the City of Paducah applied for a Kentucky Office of Homeland
Security Grant Award adopted by Municipal Order No. 1729 on June 25. 2013, for the Police
Department's hand-held raclio replacement projece and
WHEREAS, the Kentucky Office of Homeland Security has approved the
application and is now ready to award this want.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION I. That the City of Paducah hereby accepts ergot funds in the amount
ot'S32.000 through the Kentucky Office of Homeland Security for a 2013 reimbursable grant
nmard to purchase up to tell (10) hand-held radios n, he used by the Paducah Police Department,
fhis award does not require a local cash match of in-kind contribution.
SECTION 2. That the Mayor is hereby authorized to execute a Grant Aereement
and all documems relating thereto with the Kentucky Office of Homeland Security to obtain a
grmn ill the amount of 532,000 as referenced ill Section 1 above.
SECTION 3. This expenditure shall be charged to Project: Account PO0075.
SECTION 4. This ordinance shall be read on Look) separate clays and "ill hecome
effective upon summary publication pursuant to KRS Chapter -124.
Mayor
ATTEST:
Tantmara S. Sanderson, Cit- Clerk
Introduced by the Board of Commissioners. November 12. 2013
Adopted by the Board of Commissioners, November _ , 2013
Recorded by Tammant S. Sanderson. City Clerk, No%ember 2013
Published by The Podumh Sun.
ordAplanAgrants\police-Homela,,d So, at HH Radio Replace Proj 2011
Doc ID No: P02 094 1400002736 1
Page 1 of 26
Commonwealth of Kentucky
PURCHASE ORDER I
O 1 City of Paducah
N
PURCHASE
T
IMPORTANT
R
PO Box 2267
A
Doc ID number on all packages,
oc Description:
Paducah, Citi of 13-021
T
Invoices and correspondence.
oc ID No: P02
094 1400002736 1
R
ocurement Tvoe r
Procurement Folder
3121401
iministered By:
Holly Downey
phone.
502-564-2081
Cited Authority
EM'N 2013 SS 00036
Issued B
By:
Susan Wilkerson
O 1 City of Paducah
N
T
300 South 5th Street
R
PO Box 2267
A
Paducah
C
T
US
O
R
Effective From: 2013-11-01
Line CL Description
I Paducah_ Cily of 13-021
Extended DescrioCon
Effective Date: November 1, 2013
Expiration Date: October 31, 2014
KY 42003
Effective To: 2014-1 D-31
Due Date I quantity
0 00
Unif Price ContractAmt Total Price
0 00000 32.000 00 32.000 00
Deliverables:
Second Party shall enhance interoperable communications through the purchase of portable radios and related equipment for
the Paducah Police Department.
Scope of Work:
Second Party shall enhance interoperable communications through the purchase of portable radios and related equipment for
the Paducah Police Department,
B
1 493257
L GG GOV OFC.HOMELAND SECURITY
L 200 MERO STREET
pFRANKFORT KY 40622
US
H493257
I GG GOV OFC.HOMELAND SECURITY
P 200 MERO STREET
T FRANKFORT
O KY 40622
US
otal Order Amount: 3z eco 00
Document Phase Document Description Page 2
1400002736 Draft Paducah, City of 13-021 Of 26
FFY 2013 HONIELAND SECURITY GRA►V`T PROGRAM
GRANT INFORMATION AND IDE\TIFICATION
CFD.- N'timber: 97.067
CFDA Title: Homeland Security Grant Program
A%vard fear: FFY 2013
Federal .-agency: Department for Homeland Security/FE,11A
Pass-Tltrougli Agency: Kentucky Office of Hotueland See ulity
IDENTIFICATION AND OBLIGaTIO\'S OF THE PARTIES
First Party
The Office of the Governor, Kent-racky Office of Homeland Security (KOHS) (as the First Party),
M the exercise of its laNvhll duties, has determined that the functions outlined in this AgreetnetA
and in the attachtucut(s) thereto, are necessar}1for compliance with either the statutory and
regulatory requirements of the U.S Department of Homeland Security or the Kentucky Office of
flon�eland Security.
Second Party
The Second Party is the contractor as defined by KRS 453 4.030(9) and agrees that they are
killing, available and qualified to perforin the scope of work as detailed in this agreement and as
specifically outlined.
Campaign Finance
The contractor certifies that neither he/she nor any member of his leer irnrnediate f�arnjly hay inv
an it�telest of i.p4o or more in any business entity invol+-ed in the performance ofth is contract,
has contributed more than the amount specified iii KRS 121.050(21, to the campaign of the
gubernatorial candidate elected at the election last preceding the date of this contract. The
contractor Further swears under the penalty of perjury, as prodded by KRS523.020, that neither
hL: she nor the company which he, she represents, has kuowingty violated any provisions of the
campaign finance laws ofthe Commonwealth, and that the award ofacontract to hinvher or the
company which he, she represents v. -ill not violate any provisions ofthe campaign finance lain, of
the Conun011wealth.
Cancellation Clause
Claim or performance disputes will be in accordance with KRS Chcrpler- 44 4mti KRS CJurpter-
=13.4, Either party may cancel the contract at any time For cause or n>s) cancel without cause on
30 days written notice.
Document Phase Document Description Page 3
1400002736 Draft Paducah, City of 13-021 1 of 26
Change of Circumstances
Each party shall promptly notify the other party ofany legal impediment, change of
circumstances, pending litigation, or any other event or condition that may adversely affect the
party's ability to carry out any of its obligations under this Agreement.
Choice of Law and. Forum Provision
The laws of the Commonwealth of Kentucky shall govern all questions as to the execution,
validity, interpretation and performance of this agreement. Furthermore, the parties hereto agree
that any legal action that is brought on the basis of this agreement shall be Cued in the Franklin
County Circuit Court of the Commonwealth of Kentucky.
Confidentiality
The Second Party agrees that any employee or agent acting in its behalf will abide by the state
and federai rules and regulations governing access to and use of information provided to the
Second Party by the First Party in the administration of this contract.
Conflict of Interest Laws and Principles
The contractor certifies that he/she is legally entitled to enter into this contract agreement with
the Commonwealth of Kentucky, and by holding and performing Clic terms and conditions of this
agreement will not violatc any conflict of interest statute, including but not limited to KRS
45,4.33045,4. 340, =!5,4.990, KRS 161.390, oncl KRS 11.4.040 of tlic ExeCUtive Branch code of
ethics, relating to the employment of former public servants
Data Collection/analysis Limitations
No data collected and provided by the First Party shall be used for any other purpose other than
those expressiy authorized in this Agreement.
Effective Date
All tilemoranda of Agreement are not effective untii the Secretary of the Finance and
Administration Cabinet or his authorized designee has approved the contract and until the
contract has been submitted to the Government Contract Review Committee. Ho,,vever,
/Memoranda of A,reements 550,000 or less are exempt from review by the committee and need
only be tiled with the committee %vithin 30 days of their effective date for informational purposes
only, as provided under KRS 451.700.
Entire agreement
This Agreement forms the entire a,reemetit between the parties as to scope and subject matter of
this Agreement. All prior discussions and understandings concerning the scope and subject
matter are superseded and incorporated by this Agreement.
Document Phase Document Description Page 4
Drah Paducah, City of 13-021
of 26
Extensions and Amendments to this Agreement
The terms and conditions of this agreement may be extended or amended according to the
pro% kions of KRS Chapter 45A, and are subject to the approval of the Director
Secretary of the Finance and Administration Cabinet and/or of KOHS, the
Legislative Research
Commission's Government Conthe Le
tracts Review Committee. The agency reserves the right to
modify this ag Bement for the addition or deletion of recluirements deemed necessary by the
agency with the mutual agreement of both parties in accordance with KRS 45,4.030 (2), KRS
43.4110 (1), (200 K aR 5.311) Any Mutually agreed upon changes to the agreement must be
approved, in writing, by KCHS prior to implementation or obligation and shall be incorporated
in written amendments to this agreement. This procedure for changes to this approved agreement
is not limited to budgetary changes, but also includes changes ofsubsiance in project activities
and changes in the proj
applicatiect director or key professional personnel identified in the approved
on.
Liability and Indemnih°
Nothing in this Agreement shall be construed as an indemnification by one party oFthe other for
liabilities of a part} or third persons for property loss or damage of death or personal injury
arising out of and during the performance of this Agreement. Any liabilities or claims for
property loss or damage or for death or personal injury by a party or its agents, employees,
contractors or assigns or by third persons, at out of and during the performance of this
Agreement shall be determined according to applicable law.
Notices
Any notice, transmittal, approval, or other official communication made under this Agreement
shall be in writing and shall be delivered by hand, facsimile transmission, or by mail to the other
parte.
Severabilih
If any provision of this Agreement is held judicially invalid, the remainder of the Agreement
shall continue in full Porce and effect to the extent not inconsistent with such holding.
Sole Benefit
This Agreement is intended for the sole benefit of the First Party. the Second Party, and, if
Implementing a federal grant program element, the United States Government, an
intended to create any other beneficiaries. d is not
Subcontractor Requirement
The Second Party agrees that all requirements of this agreement shalt also
binding on any subcontractor the Second Party may contract kith be applicable and
method of paymto meet the statement of work,
ent, and deliverables of this agreement. All Second Party subcontractors are
Document Phase 9
D
1400002736 ocument Description
Draft Page 5
--�_ Paducah, Ciiy of 13021 of 26
subject to First Party approval.
Successors and Assigns
This Agreement may not be assigned by a party without the express written consent of the other
party. All covenants made under this Agreement shall bind and inure to the benefit of anv
successors and assigns of the parties whether or not expressly assumed or acknowledged by such
successors or assigns.
Violation of Tax and Employment Laws
KRS 4 A.48i requires the contractor to reveal to the Commonwealth, prior to the award of a
contract, ally final determination of a violation by the contractor within th
period oft e pious Five (>) yeai-
elate to the provisions of KRS chap[ers rev
136, 139, l41, 337, 338, 34/, and rev These statutes
he state sales and use tax, corporate and utility tax, income tax, ..ages and hours laws,
occupational safety and health laws, unemployment insurance laws, and workers compensation
insurance laws, respectively.
To comply with the provisions of KRS45A.485, the contractor shall report any such final
determination(s) of violations) to the Commonwov
regarding the final
ealth by priding the following information
deternaination(s): the KRS violated, the date of tile final determination, and
the state agency which issued the filial detenuination.
KRS 45,4.485 also provides that, for the duration ofany contract, the contractor shall be in
conthwous compliance with the provisions of those statutes which apply to the contractor's
operations, and that the contractor's failure to rereal a final determination as described above or
failure to comply with the above statutes for the duration of the contract, shall be grounds for die
Commonwealth's cancellation of the contract and the contractor's disqualification from eligibility
for finure state contracts for a period of two (2) years.
Waiver of Breach
[fa party waives enforcement of any provision of this Agreemcnt upon any ev ent of breach by
the other parry, the %vaiver shall not automatically extend to any other or future events of breach.
IDENTIFICATION OF THE SUBJECT MATTER OF THE CONTRACT
Environmental Planning and Historic Preservation (EHP)
The Second Party acknowledges that any project
renovationconsidered to constitute construction or
can beemade. must m w
mreceive prior approval froFEMA before any ork or financial expenditures
ca
Intellectual Properties
The contractor agrees that any formulae, methodology, other reports and compilations ofdata
provided by the First Party to the contractor for the purposes of meeting the terms and conditions
Document Phase Document Description Page 6
I
1400002736 Draft Paducah, City of 13-621 of 26
of this agreement, or as developed, prepared or produced by the contractor for use by the First
Party under the scope of services of this agreement shall be the exclusive property of the .First
Party. Any use of this material for purposes other than those specifically outlined and authorized
by this agreement without prior approval and without appropriate acknowledgement of the
funding source, shall be grounds for immediate termination of this agreement and possible
criminal prosecution.
Kentucky k ireless Interoperability Executive Committee
Any portion of this agreement that involves data or voice communication equipment or projects,
including data or voice interoperability equipment or projects shall be presented by the Second
Party for action by the Kentucky Wireless Interoperability Executive Committee (KWIEC).
Furthermore, it is a condition of this agreement that all recommendations of the KWIEC, will be
accepted and implemented by the Second Party prior to the comniencennent of the project
addressed in this agreement. A copy of the KWIEC decision will be provided to the First Party
by the Second Party.
Mutual Aid and Interoperability -Memoranduni of Understanding
The Second Party and any other local entities receiving benefit from thesis grant funds must have
Z Mutual Aid Nlemorandum of Understanding with the Kentucky State Poiice.
MINIS Requirements
In accordance with [ISPD-5, Management of Domestic Incidents. the adoption of the national
Incident Management System (MINIS) is a requirement to receive Federal preparedness
assistance through grants, contracts, and other activities.
Project Implementation
"fhe sub grantee agrees to implement this project within 60 days following the grant award
effective date or be subject to automatic cancellation of the grant.
Pi-opert Control
Effective control and accountability must be maintained for all personal property. Sub grantees
must adequately safeguard all such property and Must assure that it is used solely for authorized
purposes. Sub grantees should exercise caution in the use, maintenance, protection and
preservation of such property.
Title: Subject to the obligations and conditions set for in 28 CFR Paa 66, title to
non-experndabte property acquired in whole or in part with grant hinds shall be vested in the sub
grantee. ion -expendable property is defined as any item having a usCful life of more than one
year and an acquisition cost of S5,000 or more per unit.
Document Description
a0000vss Document Phase DocPage 7
Draft Paducah, CltY of 13021
of 26
Use and disposition: Equipment shall be used by the sub grantee in the program or project for
which it was acquired as long as nceded, whether or not the program or project continues to be
supported by federal funds.
sub When use of the property for project activities is discontinued, the
grantee shall request, in writing,
disposition of the propertTheftdisposition instructions from KOHS prior to actual
y. , destruction, or loss of property shall be reported to KOHS
immediately.
Inventor.': The Second Party must submit to the First Party an 1"Ventory of all equipment
purchased with these federal funds. This inventory must include the item
inventory number,
item description, and site Where equipment is located.
PropertyPurchased by the First Party (KOHS)
Property purchased by the First Party for the purposes of fidfilling the requirements of the scope
of services for this ac, reemcot, and which may include, but not be limited to,
software, computer hardware, officfurniture, computer
e equipment, and supplies are considered the property of the
First Party and shall remain the property of the First Party.
Scope of Work
This grant will provide reimbursement fundina to the Second party For the specific scope oFwork
described in the Extended Description. Successful completion by the Second party shall include
the deliverables as listed in the Extended Description.
CONSIDERATION AND CONDITIONS FOR PAYMENT
A%ailability of Federal Funds
This grant award is contingent upon availability of federal ftmds approved by Congress.
Consultant Rate
Approval of this agreement does not indicate approval of any consultant rate in excess of S450
per day. A detailed justification must be submitted and approved by the First Party and FE%IA's
National Preparedness Directorate prior to obligation or expenditure Of Such hinds.
Deobligation of Grant Funds
All grant funds must be deobligated within thirty (30) calendar days of the end of the grant
period. Failure to deobligate the grant ill a timely manner may result in an automatic
deobligation of the Grant by KOHS.
Earliest Date of Payment
No payment on this agreement shall be made before completion of the review procedure
provided for in KRS 45A.705, unless alternate actions occur as set out ill KRS 45,T695procedure
/7/.
Payments of) personal service contracts and memoranda of agreements shall not be authorized
Document Phase Document Description Page 8
1400002796 Draft 9
Paducah C (y of 13-021 i Of 26
for sen ices rendered after government contract review committee disapproval, unless the
decision of the committee is overridden by the Secretary of the Finance and Administration
Cabinet or agency head, if the agency has been granted delegation authority by the Secretary.
Financial Management System
The Second Party agrees to establish and/or maintain a financial management system which shall
provide for: Accurate, current, and complete disclosure of the financial results of the
funetionsiservices performed under this agreement in accordance with the reporting requirements
as set forth in this Agreement and attachment(s) thereto; Records that identify the source and
application of funds for activities; functionm
s/services performed pursuant to this contract
agreement. These records shalt contain information pertaining to federal and'or state funds
received, obligations, un-obligated balances, if applicable, assets, liabilities, expenditures and
income, Effective control over and accountability For all funds, property, and other assets. The
Second Party shall safeguard all such assets and shall assure that they are used solely for
authorized purposes in the provision of functions/services under this agreement; Procedures for
determining reasonableness, and allowability of costs in accordance vvith the teens and
conditions of this Agreement and any attachnlent(s) thereto; and Accounting records that are
supported by source documentation. `
Funding Out Provision
The state agency may terminate this contract if fiends are not appropriated to the contracting
agency or are not otherwise available for the purpose of making payments without incurring any
obligation for payment after the date of termination, regardless of the terms of the contract. The
state agency shall provide the contractor thirty (30) calendar days written notice of termination of
the contract.
Interest Income
Grant funds not reimbursed immediately to a vendor, subcontractor, eta must be placed in an
interest bearing account. The applicant agrees to be accountable for all interest earned with
respect to these grant finds. Interest earned by this grant during the project must be reported and
returned to KOHS quarterly.
Obligatiou of Grant Funds
Grant funds may not be obligated prior to the effective date of this approved legal agreement.
No obligations are allowed after the end of the grant period.
Pay tnents
Pad ments to applicants
Payment by the First Party to the Second Party shall be made only after receipt of appropriate,
acceptable and timety request for reimbursements. Reimbursement requests will be submitted on
Document Phase Document Description Page 9
7400002776 Draft Paducah. City of 13-021 of 26
approved Kentucky Office of Homeland Security forms as provided by the First Party and
submitted ill written format to the First Party by the Second Party. The method of
reimbursement will be through electronic funds transfer.
Final Request for Reimbursements:
Final request for reimbursements must be submitted to the First Party no later than 45 days after
the expiration of this agreement.
Procurement
The acquisition of goods and services by the Contractor in performance of this Agreement shall
be according to applicable Commonwealth of Kentucky contracting procedures, [lie standards
and procedures contained in applicable federal regulations (44 CFR).
Purchasing and Specifications
The Second Party certifies that he/she wilt not attempt in any manner to influence any
specifications to be restrictive in any way or respect, nor will he/she attempt in any way to
iathrence any purchasing of services, commodities or equipment by the Commonwealth of
Kentucky. For the purpose of this paragraph and Section 7.09 that pertains to conflict of interest
laws and principles, "He" is construed to mean "They" if more than one person is involved and if
a firm, partnership, corporation, or other organization is involved, then "He" is construed to
mean any person with an interest therein.
Program Income
The applicant agrees to be accountable for all interest or other income earned by the Second
Party with respect to grant funds or as a result of conduct of the project (sale ofpublications,
registration fees, service charges, rebates, etc.). All program income generated by this grant
during the project must be reported to KOHS quarterly and must be put back into the project of
be used to reduce the grantor participation in the program. The use or planned use of all program
income must have prior written approval from KOHS.
Reimbursement
The Second Party is required to sign this Agreement with the Kentucky Office of Flomeland
Security to gain access to its allocated funds. No Rinds will be forwarded. The funds are
allocated on a cost reimbursement basis. To receive reimbursement, the Second Party is required
to provide the Kentucky Office of Homeland Security with copies of all obligation documents
executed under this agreement and an inventory for equipment purchased.
Social Securih
The Second Party and all other parties so contracted for services under the scope of service of
this agreement agree that they are cognizant that the First Party is not liable For Social Security
Document Phase Document Description i Page
1400002736 Draft Paducah, City of 13-021 10 Of 26
contributions pursuant to 4? U.S Code, Secfion 418, relative to the compensation of the Second
Party during the effective dates of this agreement.
Total Amount of Contract and Contract Period
The Second Party's and/or Third Party's fees and expenses relative to the performance of the
scope of serViees outlined in this Agreement and in the detailed attachments) (i(applicable) to
this agreement shall not exceed the Total Order Amount as set forth in this Agreement. The
subject services and functions are to be performed during the terga of this agreement. It is
understood that this agreement is not effective and binding until approved by the Secretary of the
Finance and administration Cabinet and/or Legislative Research Commission's Govertument
Contract Review Committee per KRS 45.4, 705.
Transfer of Funds
The Second Party is prohibited from transferring funds between programs (State Homeland
Security Program, Urban Areas Security Initiative, Law Enforcement Terrorism Prevention
Program, Citizens Corps Program, Emergency Management Performance Grant, Interoperable
Emergency Communications Grant Program, Buffer Zone Protection Program, Emergency
Operations Center Grant Program, 'Metropolitan Medical Response System or any other Federal
Grant Program),
Travei
The contractor shall be paid no travel expense unless and except as specifically authorized under
the specifications of this agreenlLnt. Unless otherwise indicated, travel reimbursement shall be
in accordance 'with 200 KrIR 2.006. No travel time nor travel expenses will be included in the
Second Party's or any subcontractor's hourly rates.
Other- Expenses
The contractor shatt be reimbursed for no other expenses than those, which have been expressly
detailed in this Agreement. Ali direct charges shall be documented to support the direct charging
of the expense. Where applicable
Invoicing for fee: The contractor's fee shall be original invoice(s) and shall be documented by
the contractor. The invoice(s) mLtst conform to the method prescribed in the specifications of
this contract.
Invoicing for travel expenses: The contractor must follow instntctions prescribed in the
specittcations of this agreemen€, Either original or certified copies rt receipts must be submitted
for airli tic tickets, motel bills, restaurant charges. rental car charges, and all other miscellaneous
expenses.
Invoicing for miscellaneous expenses: The contractor must follow histntctions prescribed in the -
specifications of this agreement. Expenses submitted shall be documented by certified copies.
Document Phase Document Description Page
1400002756 Draft Paducah, City of 13-021 11 of 26
Vendor Verification
The Second Party must verify that any vendor providing services is not on the Federal Excluded
Parties Listing System prior to any contracts funded by federal funds. This verification must be
submitted with each reimbursement request to verify that the vendor is not debarred at the time
of order. This information may be found at www.epls.gov. RCiffibrlrSenlent Evill not be made
without this verification.
Reduction in Contract Worker Hours
The Kentucky General Assembly may allow for a reduction in contract worker hours in
conjunction with a budget balancing measure for some professional and non-professional service
contracts. If under such authority the agency is required by Execwive Order or otherwise to
reduce contract hours, the contract will be reduced by the amount specified in that document.
ADNIINISTR,kTIVE AND NATIONAL POLICY REQUIREMENTS
The Second Party must, in addition to the assurances evade as part of their application, comply
and require each of its subcontractors employed in the completion of the project to comply with
all applicable statutes, regulations, executive orders, OMB circular., terns and conditions of the
award, and the approved application.
The Second Party agrees that all allocation and use of funds under ti7is grant will be in
accordance with the. Funding Opportunity Announce;Hent and must support the goals and
objectives included in the State Homeland Security Strategy.
Applicable Law
This Agreement is incidental to the implementation of a federal grant program. Accordingly,
this Agreement shall be governed by and construed according to Federal lary as it may affect the
right, remedies, and obligations of the United States.
Governing Regulations
To the extent not inconsistent with the express terms of this Agreement, the provisions of 44
CFR, Uniform Administrative Requirements for Grants and Cooperative Agreements and 0.1,18
Circular ,4-87 which are hereby incorporated by reference as if fully set forth herein, shall
govet`11 this agreement.
.assurances, Administrative Requirements and Cost Principles
a. Recipients of DHS federal financial assistance must complete OTNIB Standard Form 424B
Assurances -- Non -Construction Programs. Certain assurances in this form may not be
applicable to your project or program, and the awarding agency may require applicants to certify
to additional assurances. Please contact the program awarding office if you have any questions.
The administrative requirements that apply to DHS award recipients originate from two sources:
Document Phase Document Description Page
1400002736 Draft Paducah, City of 13-021 ! 12 of 26
• Off ice of ,Vlanagemew and Budget (OMB) Circulai- A-102, Uniform
Acbninistrative Requiretnents far Grants and Cooperative Agreemenis to State
and Local Governments (also known as the "f1-102 Common Rule') These.4-102
requirements are also located ivithin DHS regulations at Title 44, Code of
Fecleral Regulations (CFR) Part 13.
M2 Circular.4-110, Un forth Admitzistrative Requirements for Grants and
1gt•eements i ith fnstiiwions of'l-Iigher Education. Hospitals, anclOther
.Von -Profit Organizations, relocated to 2 CFR Part 215.
b. The cost principles that apply to DHS award recipients through a grant or cooperative
agreement originate from one of the following sources:
O,VB Circulco-A-21, Cost Principles fbt, Editcational Institutions, relocated to 2 CFR
Pat-/ 220
0,1-II3 Circular --87, Cost Principles for State, Local, and Indian Tribal Governments,
reiocated to 2 CFR Part 22.E
• OMB Circular .-f-122, Cost Principles for Aon -Profit Organizations, relocated to 2
CFR Part 2.30
The audit requirements for State, Local and Tribal recipients ofD[IS awards originate from:
O:IfB Circular A -133, Audits of States, Local Governments and Non -Profits
Organizations,
COMPLIANCE WITH FEDERAL CIVIL RIGHTS LAWS AND REGULATIONS
The Second Party is required to comply with Federal civil rights laws and regulations. The
Second Party must comply with all regulations, guidelines, and standards adopted under the
below listed statutes. The Second Party is also required to submit information, as required, to the
DHS Office for Civil Rights and Civil Liberties concerning its compliance with these laws and
their innpiernenting regulations. Specifically, the grantee is required to provide assurances as a
condition for receipt of federal funds that its programs and activities comply lvith the following:
Titles I, II and II of the Americans with Disabilities Act
Prohibits recipients from discriminating on the basis of disability in the operation of public
entities, public and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C_, 12101-12213).
Title VI of the Civil Rights .act of 1964, as amended, 42. L.S. C, §2000 et. seq.
Provides that no person on the grounds of race, color, or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
program or activity receiving Federal financial assistance. Title VI also extends protection to
Document Phase Document Description Page
1400002736 Draft Paducah. City of 13-021 13 of 26
persons with Limited English Proficiency (LEP). (42 U.S.C. §2000cletseq.).
Title N"(11 of the Civil Rights Act of 1968
Prohibits recipients from discriminating in the sale, rental, financing, and advertising of
dwellings, or in the provision of services in connection therewith, on the basis of race, color,
national origin, religion, disability, familial status, and sex (42 U.S.C. ;s3601 etseq.), as
implemented by the Department of Housing and Urban Development at 24 CFR Part 100.
The prohibition on disability discrimination includes the requirement that new multifamily
housing with four or more dwelling units-i.e., the public and common use areas and individual
apartment units (all units in buildings with elevators and ground -floor units in buildings without
elevators) -be designed and constnicted with certain accessible features (see 24 CFR §100.201).
Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §1681 et. seq.
Provides that no person, in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any educational
program or activity receiving Federal financial assistance. These regulations are codified at 44
CFR Peat 19.
Section 50.1 of the Rehabilitation Act of 1973, as amended, 29 L:S.C. ,5794
Provides that no otherwise qualified, handicapped individual with a disability in the United
States, viii, solely by reason of the handicap, be excluded from the participation in, be denied (lie
benefltS of, or subject to discrimination in any program or activity receiving Federal financial
assistance. These requirements pertain to the provision of benefits or services as well as to
employment.
The Age Discrimination Act of 1975, as amended, 20 U.S.C. §6101 et. sect.
Provides that no person in the United States shall, on the basis of age, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program or
activity receiving Federal financial assistance.
Serv=ices to Limited English Proficient (LEP) Persons
All recipients of financial assistance will comply xith the, requirements of Executive Order
13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin and resulting agency guidance, national origin
discrimination includes discrimination on the basis of limited English proficienev (LEP). To
ensure compliance with Title VI, recipients must take reasonable steps to ensure that LEP
persons have meaninaf 1. access to your programs. 'Meaningful access may entail providing
language assistance services, including oral and written translation. where necessary. Recipients
are encouraged to consider the need for langutage services for LEP persons served or encountered
both in developing budgets and in conducting programs and activities. For assistance and
Document Phase Document Description Page
1400002736 Draft Paducah. City of 13-021 14 of 26
information regarding LEP obligations, go to http:,/%vvcw teo.uov
CERTIFICATIONS AND ASSURANCES
Certifications and assurances regarding the following apply:
.activities Conducted Abroad
All recipients must ensure that project activities carred on outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate licenses,
permits, or approvals are obtained.
Best Practices for Collection and Use of Personally Identifiable Information (PIT)
All award recipients who collect PIT are required to have apublically-availabe privacy policy that
describes what PIT they collect, haw they use the PII, whether they share PTI with third parties,
and how individuals may have their Pit corrected where appropriate.
Award recipients may also find as a useful resource the DHS Privacy Impact Assessments:
huu: -www dhs oo\.'xlibrary/assets/privacv Iprivacv Dia uidancc iunea010 pdf
and
hill):, dhsoos rlibran,'assets/privacv'privacv pia temptate pdf respectkck
BuyAmerican Act
The Second Party agrees that it will not expend any hinds appropriated by Congress without
complying with The Buy American Act (41 U.S.C. 10). The Buy American Act gives preference
to domestic end products and domestic construction materials. In addition, the Memorandum of
Understanding between the United States of America and the European Economic Community
on Government Procurement, and the North American Free Trade Agreement (NAFTA), provide
the EC and NAFTA end products and construction materials are exempted from application of
The Buy American Act. First Party encourages second party to use Kentucky services and'or
products.
Classified National Security Information
As defined in Executive Order (EO) 12958, as amended, means information that has been
determined pursuant to EO 12958 or any predecessor order to require protection against
unauthorized disclosure and is marked to indicate its classified status when in documentary form.
No funding under this award shall be used to support a contract, sub award, or other agreement
for goods or services that will include access to classified national security information if the
award recipient has not been approved for and has access to such information.
Where an award recipient has been approved for and has access to classified national security
Document Phase Document Description Page
1400002796 Draft
Paducah, City of 13-021 �, 15 of 26
information, no funding under this award shall be used to support a contract, sub award, or other
agreement for goods or services that will include access to classified national security
information by the contractor, subawardee, or other entity without prior written approval from
the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate
official within the Federal department or agency with whom the classified effort will be
performed.
Such contracts, sub awards, or other agreements shall be processed and administered in
accordance with the DHS -Standard Operating Procedures, Classified Contracting by States and
Local Entities, - dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National
Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing
directives or instructions, All security requirement documents are located at:
httu:i/w�ew dhs oov'xopnbizt�rvtts'index shtm
Clean Air Act of 1970 and Clean Nater Act of 1977
All recipients of financial assistance will comply with the requirement of 42 U.S.C. $ 7401 et
seq. and Executive Order 11738, which provides for the protection and enhancement of the
quality of the nation's an resources to promote public health and welfare and for restoring and
maintaining the chemical, physical, and biological integrity of the station's waters is considered
research for other purposes.
Copeland "Anti -Kickback" Act
The Second Party agrees that it will comply with the Copeland "Anti -Kickback" Act (18 U.S.C.
874) as supplemented in United States Department of Labor Regulations (29 CFR Part 3). As
applied to this agreement, the Copeland `'Anti -Kickback" Act makes it unlawful to induce, by
force, intimidation, threat or procuring dismissal from employment, or otherwise, any person
employed in the construction or repair of public buildings or public works, financed in whole or
in part by the United States, to give up any part of the compensation to which that person is
entitled under a contract of employment.
COP) rig ht
All recipients must affix the applicable copyright notices of 17 U.S.0 § 401 402 and
acknowledgement of Government sponsorship (including award number) to any work first
produced under Federal financial assistance awards, unless the work includes any information
that is otherwise controlled by the Government (e.g., classified information or other information
subject to national security or export control Laws or regulations).
Debarment and Suspension
All recipients must comply with Executive 01clers 12549 and 12689, which provide protection
against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in
their dealing with the Federal government.
1400002736
Document Phase
Draft
Disadvantaged Business Requirement
Document Description
Paducah
of 13-021
Page
16 of 26
To the extent that the Second Party uses contractors or subcontractors, such recipients shall use
small, minority, women -owned or disadvantaged business concerns and contractors or
subcontractors to the extent practicable.
Drug-free Workplace ,pct
All recipients must comply kith the Drug -Free Workplace Act of 1988 N12 U&C. § 701 ei seq
), which requires that all organizations receiving grants from any Federal Agency agree to
maintain a drug-fiee workplace. These regulations are codified at 2 CFR 3001.
Duplication of Benefits
State, Local and Tribal Recipients must comply with 2 CFR Part §225, �Ippendiz'1, paragraph
(C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective
under the principles provided for in this authority may not be charged to other Federal awards to
overcome fund deficiencies.
Environmental Standards
The recipient will comply with all applicable Federal, State, and local environment and historic
preservation (EHP) requirements and shall provide any information requested by FEMA to
ensure compliance with applicable laws including: National Environmental Policy Act, National
Historic Preservation Act, and Executive Orders oil Floodplains (11988), Wetlands (11990), and
Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP
requirements and obtain applicable permits mayjeopardize Federal Rending. Recipient shall not
undertake any project having the potential to impact EHP resources without the prior approval of
FEMA, including but not limited to communications towers, physical security enhancements,
new construction, and modifications to buildings that are 50 years old or greater. Recipient must
comply with all conditions placed on the project as the result of the EHP review. Any change to
the approved project scope of work will require re-evaluation for compliance with these EHP
requirements. If ground disturbance activities occur during project implementation, the recipient
must ensure monitoring of ground disturbance and if anypotential archeological resources are
discovered, the recipient will immediately cease construction in that area and notify FEMA and
the appropriate State Historic Preservation Office. Any construction activities that have been
initiated prior to the full environmental and historic preservation F0% I'M could result in a
non-compliance finding.
The Second Party shall provide such information as may be requested by KOHS to ensure
compliance with any applicable environmental laws and regulations. Second Party shall not
undertake any construction project without the approval of First Party and DHS, as required by
the grant guidance.
Document Phase Document Description Pae
1400002736 Draft g
Paducah, City of 13-021 � 17 Of 26
Equipment Marking
The Second Party agrees that, when practicable, equipment purchased with grant funding shall
be prominently marked as follows: "Purchased with fiends provided by the Kentucky Office of
Homeland Security and the U.S. Department of Homeland Security" in order to facilitate their
own audit processes, as well as Federal audits and monitoring visits, which may result fi'om
receiving Federal funding. Additionally, any equipment purchased with funding under this
agreement shall, when practicable, bear on it the logos of the Kentucky Office of Homeland
Security and the U.S. Department of Homeland Security.
Use of DRS Seal, Logo and Flags
All recipients must obtain DHS's approval prior to using the DHS seal(s), Logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States
Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
Federal Debt Status
All recipients are required to be lion -delinquent in their repayment of any Federal debt.
Examples ofrelevant debt include delinquent payroll and other taxes, audit disallowances, and
benefit overpayments. See OMB Circular A-129 and form SF 424, item number 17 for additional
information and guidance.
False Claims Act and program Fraud Civil Remedies
All recipients must comply with the requirement of 31 U.S.C. )�3729 which set forth that no
recipient of federal paymens shall submit a false claim for payment. See also 38 U.S.C.
3801-3812 which details the administrative remedies for false claims and statements made.
Federal Energy Policy Legislation
Second Party must comply with the following:
Nolle of the funds made available shall be used in contravention of the Federal buildings
Performance and reporting requirements of Executive Order No. 13123, part 3 of title V of the
national Energy Conservation Policy Act (42 US.0 851 et seq), or subtitle A of title I of the
Energy Policy Act of 2005 (including the amendments made thereby).
None of the funds made available shall be used in contravention of section 303
Policy Act of 1992 (42 USC 13212). of the Energy
Fh America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: Travcl supported by CLS.
Government funds requirement, which states preference for the use of U.S. flag air carriers (air
carriers holding certificates under 49 U.S.C. ,p' 41102) for international air transportation of
People and property to the extent that such sets ice is available, in accordance with the
Document Phase Document Description Page
1400002736 Draft Paducah, City of 13-021 j 18 of 26
International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. � 40118)
and the interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1931, amendment to Comptroller General Decision BI 33942,
Fusion Center
The Second Party agrees that funds utilized to establish or enhance state and local fission centers
must support the development of a statewide fusion process that corresponds with the Global
JUStice,'Hoineland Security Advisory Council (HSAC) Fusion Center Guidelines and
achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool,
Hatch Act
The Second Party agrees to comply with the Hatch Act (5 U.S.C. 1501-1508 ancl7324 — 7328),
as implemented by the United States Office of Personnel Management at 5 CFR Part 15 I, which
limits political activity of employees or officers of State or local ;overnments whose
employment is connected to an activity financed in whole or part with Federal hinds.
Hotel and Motel Fire Safet3 Act of 1990
In accordance with section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. � 2225(a)
all recipients must ensure that all conference, meeting, convention, or training space funded in
whole or in part with Federal fiords complies with the fire prevention and control guidelines of
the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. $2225.
Integrating Individuals with Disabilities into Emergency Planning
The Second Party must integrate individuals with disabilities into any emergency planning
activity.
Section 504 of the Rehabilitation Act of 1973, as amended Prohibits discrimination against
people with disabilities in all aspects of emergency mitigation, planning, response, and recovery
by entities receiving financial finding from FEMA. In addition, Executive Order 13347,
Individuals with Disabilities in Emergency Preparedness, signed in July 2004, requires the
Federal government to support safety and security for individuals with disabilities in situations
involving disasters, including earthquakes, tornadoes, fires, floods, hurricanes, and acts of
terrorism. Executive Order 13347 requires the Federal government to encourage consideration of
the needs of individuals with disabilities served by State, local, tribal, and territorial governments
in emergency preparedness ptanning.
Lobb, ing Prohibitions
All recipients must comply with 31 U.S.C. � 1352, which provides that none of the funds
provided under an award may be expended by the recipient to pay any person to influence, or
attempt to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, of an employee of a Member of Congress in connection with any Federal
Document Phase Document Description Page
1400002736 Draft Paducah, City of 13-G21 19 o(26 i
action concerning the award or renewal.
National Initiatives
All award recipients must be aware of and support the following national preparedness
initiatives:
HSPD-8:'National Preparedness
The Second Party must be aware of and support HSPD-8 that establishes policies to strengthen
the preparedness of the United States to prevent and respond to threatened or actual domestic
terrorist attacks, major disasters, and other emergencies by requiring a National Preparedness
Goal, establishing mechanisms for improved delivery of federal preparedness assistance to state
and local governments, and outlining actions to strengthen preparedness assistance to state and
local governments, and outlining actions to strengthen preparedness capabilities of Federal, state,
and local entities,
Reduction in Contract Worker Hours
The Kentucky General Assembly may allow for a reduction in contract worker hours in
conjunction with a budget balancing measure for some professional and non-professional service
contracts. If under such authority the agency is required by Executive Order or otherwise to
reduce contract hours, the contract xvIiI be reduced by the amount specified in that document.
ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS
The Second Party trust, in addition to the assurances made as part of their application, comply
and require each of its subcontractors employed in the completion of the project to comply with
all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of the
award, and the approved application.
The Second Party agrees that all allocation and use of funds under this agreement will be in
accordance with the appropriate FFY20 t 2 Homeland Security Grant Program Funding
Opportunity Notice and must support the goals and objectives included in the State Homeland
Security Strategy.
Acknowledgement of Federal Funding from DHS
All recipients must acknowledge their use of Federal funding when issuing statements, press
releases, requests for proposals, bid invitations, and other documents describing projects or
programs funded in whole or in part with Federal funds.
National Preparedness Reporting Compliance
The Government Perfortnance and Results Act of 1993 (Public Law 103-62) requires that the
Department collect and report performance information on all programs. For grant programs, the
Document Phase Document Description ! Page
4400002736 Draft Paducah, City of 13-021 20 of 26
prioritized Investment Justifications and their- associated milestones provide an important too[ for
assessing grant performance and complying with these national preparedness reporting
requirements. FEMA will work with grantees to develop tools and processes to support this
requirement. FEMA anticipates using this information in making future -year grant program
funding decisions. Award recipients must agree to cooperate with any assessments, national
evaluation efforts; or information or data collection requests, inc'.uding, but not limited to, the
provision of any information required for the assessment or evaluation of any activities within
their grant agreement. This includes any assessments, audits, or irLITSCigations conducted by
DEIS, the Office of the Inspector General, or the Government Accountability Office (GAO).
.National Response Plan (NRP
The Second Party must be aware of and support and in all respects comply with the NRP that is
an all -discipline, all -hazards plan that establishes a single, comprehensive framework for the
management of domestic incidents. It provides the structure and mechanisms for the
coordination of federal support to state and local incident managers and for exercising direct
federal authorities and responsibilities. The NRP assists in the important homeland security
mission of preventing terrorist attacks within the United States; reducing the vulnerability to all
natural and manmadc hazards and minimizing the damage and assisting in the recovery from any
type of incident that occurs. Compliance with the NRP coordinating structures, protocols and
processes is essential for ensuring a national comprehensive approach to domestic incident
In Inagements
Nou-supplanting Requirement
All recipients must ensure that Federal funds do not replace (supplant) bunds that have been
budgeted for the same purpose through non -Federal sources. Applicants or award recipients may
be required to demonstrate and document that a reduction in non-Fedcral resources occurred for
reasons other than the receipt of expected receipt of Federal ftmds.
Preference for U.S. Flag Carriers
The Second Party agrees to comply with 46 U.S.C. 1241(b,) and regulations issued there under
(46 CFR Part 381) concerning the use of privately -owned United States Flag commercial vessels.
Protected Critical Infrastructure Iuiformation (PCII)
The PCII Program, established pursuant to the Critical Infrastructure Act of 2002 (Public Law
107296) (CII Act), created a framework which enables members of the private sector, States,
localjurisdictions, and tribal nations to voluntarily submit sensiti%e information regarding
critical infrastructure to DHS. The Act provides statutory protection from public disclosure and
civil litigation for Cil that is validated as PCII. When validated as ]PCII, the in`ormation can only
be shared with governu-rlent employees who complete the training requirement, who have
Homeland Security duties acid a need to know. PCII accreditation is a Formal recognition that the
covered government entity has the capacity and capability to receive and store. PCII
Document Phase Document Description i Page
I 1 4DOOD2736 Draft Paducah, City of 13-021 121 of 26
appropriately.
Publications Statement
S,:cond Party agrees that all publications created with funding under any grant award shall
prominently contain the following statement: "This document was prepared under a grant From
the Kentucky Office of Homeland Security (KOHS), Federal Emergency N-tanagement Agency's
Grant Programs Directorate (FEMAlGPD) within the U.S. Department of Homeland Security.
Points of view or opinions expressed in this document are those of the authors and do not
necessarily represent the official position or policies of KOHS or FEMA/GPD or the U.S.
Department of Homeland Security." Additionally, any publication created with funding under
this agreement shall bear on it the logos of the Kentucky Office of Homeland Security and the
U.S. Department of Homeland Security.
Trafficking Victims Protection Act of 2000
.111 recipients offinancicd assistance will comply with the requirements of the government-tvicle
award tenni 11-hich implements Section 106(g) of the Ti-gfficking Victims Protection .4ct (TYPA)
of 2000, os amended (22 C%.S.C. , 7104), located cit 2 CFR Part 175. This is implemented in
accordance with OMB Iirtc'riun Final Guidance, Federal Register, Volume 72, A"o. 218,
November 13, 2007. In accordance with the statutoi-y requirement, in each agency, cmvi-d under
which f nrding is provicled to a private entity, Section 106(8) of the TiP,4, cis omei7cled, i-equii-es
the agency: to include o condition that ctathovi>es the cigency to tennincite the atti•arcl, 1tithow
penalo', if the recipient oi, a sub recipient - (a) Engages in severe forms of trafficking ii? persons
dm-ing the period of time thw the a1+kind is in effect: (b) Procures a commercial sex oci during
the period of bine that the cmrard is in effect, or (c) Uses forced labor in the peifornrance of the
61"'ard or sub awai-ds undei- the ai+vr-cl. Full text of the aivcwd term is pi-ovicled cit 2 C'FR §
175.15.
USA Patriot Act of 2001
All recipients must comply with the requirements of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot
Act), which amends 18 U.S.0 175-175c. Among other things, the USA PATRIOT Act
prescribes criminal penalties for possession of any biological agent, toxin, or deliv-ety system of
a type or in a quantity that is not reasonably justified by prophylactic, protectis-e, bona tide
research, or other peaceful purpose.
Technology Requirements
\ationat Information Exchange Model (`IEM)
FE1,lA requires allgrantees to use the latest titEM specifications and guidelines regarding the
use
of Extensible Markup Language (X'vIL) for all grant ay.-ards. Furthcr iaiformation
Document Phase Document Description Page
1400002736 Draft Paducah, City of 13-021 22 Of 26
about the required use of NIEM specifications and guidelines is available at
htt :'u\vw.niem.eov
Geospatial Guidance
Geospatial technologies capture, store, analyze,
transmit, and/or display location -based information (i.e., information that can be
linked to a latitude and longitude). FEMA encourages grantees to align any
geospatial activities with the guidance available on the FEMA website at
ht p:% -www fema vovtorants
28 CFR Part 23 Guidance
FEMA requires that any information technology system funded or supported by these funds
comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if this
regulation is
determined to be applicable.
Best Practices for Government Use of CCTV
DHS recommends thatgrantces seeking funds to purchase and
(CCTV) install closed circuit television
systems, or hinds to provide support for operational CCTV systems, review and
utilize the guidance in Best Practices for Government Use of CCTV:
Imptementing the Fair Information Practice Principles available on the DHS Privacy Office
website at
IMP:www dhs vo\'xlibra
REPORTING REQUIREMENTS
Reporting requirements must be met throughout the life of the grant. Any reports or documents
prepared as a result of this grant shall be in comptiance with Federal "plain English" policies,
directives, etc.
DHS Specific Acknowledgements and Assurances
All recipients of financial assistance must acknowledge and agree -and require any sub recipient's
contractors, successors, transferees, and assignees acknowledge and agree -to comply with
applicable pro% isions governing DHS access to records, accounts, documents, information,
Document Phase Document Description Page
1400002736 Draft Paducah. CFty of 13-021 23 of 26
facilities, and staff, 1. Recipients must cooperate with arty compliance review or complaint
investigation conducted by DHS. 2. Recipients must give DHS access to and the right to
examine and copy records, accounts anti other documents and sources of information related to
the grant and permit access to facilities, personnel, and other individuals and information as may
be necessary, as required by DHS regulations and other applicable laws or program guidance. 3.
Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials
and maintain appropriate backup documentation to support the reports. 4, Recipients must
comply with all othr special reporting, data collection, and evaluation requirements, as
prescribed by law or detailed in porgrm guidance. 5. If, during the past three years, the recipient
has been accused of discrimination on the grounds of race, color, national origin (including
limited English proficiency), sex, age, disability, religion, or familial status, the recipient must
provide a list of all such proceedings, pending or completed, including outcorne and copies of
settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil
Liberties, 6. In the event any court or administrative agency makes a finding of discrimination
on the grounds of race, color, national origin (including limited English proficiency), sex, age,
disability, religion, or familial status against the recipient, or the recipient settles a case or matter
alleging such discrimination, recipients must forward a copy of the complaint and findings to the
DHS Component and/or- awarding office, The united Stags has the right to seek judicial
enforcement of these obligations.
Certirication (Access to Records)
The state agency, certifies that it is in compliance with the provisions of-KRS 45,4.695. ".4ccess to
conn -actor's books, documents, papers, records, or other evidence directly pertinent to the
contract. " The contractor, as (Iejined in KRS 45,1.030 (9) agrees rhat the contracting agency, the
Finance w0,4ch rinistr•ation Cabinet, the Auditor- of Pitblic 4ccounls, and the Legislative
Research Commission, or their duly crrtthorized representatives, shall have access to an)� books,
documents, papers, records, or other evidence, which erre directiv pertinent to this cowroct for
the purpose of finemcial audit or pr-ograin review, Recw-cls and oilier- pr,equalifrcation
injbi-mation confidentially disclosed as pa) -t of the bicl process shall not be cleemed as directl7�
pertinent to the contract and shall he exempt f-ont disclosure as provided in KISS 61.878(1) (c).
The contractor- also recognizes that any- books, clocumerrts, papers, r-ecw-ds, or other evidence,
received during a fitrancial audit or program review shall be subject to the Kentucky. Open
Records .dct, KRS 61.870 to 61.884
Closeout
The First Party will close out this award when it determines that all applicable administrative
actions and all required work of the grant have been completed. Witlun 30 days after the
expiration or termination of this agreement, the Second party must submit all financial,
performance, and other reports required as a condition of this grant,
Cooperation
It is specifically recognized by the Second Party that it is their duty to reasonably accommodate
Document Phase Document Description i Page
1400002736 Draft Paducah_ City of 13-021 124 of 26
the informational requests of the First Party in a timely manner and in the form they are
requested. The Second Party agrees that the sole and final authority on compliance with any
Federal or State regulations, statues and guidelines with respect to the grant rests with the Second
Party and as such, will ensure that every effort is made to honor that compliance guidance.
Exercise EN aluation and Improvement Reports
Any Second Party horded to provide Exercises must report on any scheduled exercise and ensure
that an After Action Report (AAR) and Improvements Plan (IP) are prepared for each exercise
conducted with FENTA support (grant funds or direct support) and submitted to the FE\dA
Grants and Preparedness Community of Interest (COI) on the Homeland Security Information
Network (HSIN) within 90 days following completion of the exercise.
Required submissions: AARs and IN (as applicable)
Financial and Compliance Audit Report
The Second Party agrees to submit each year financial information on the total amount of federal
funds expended. If the Second Party expends 5500,000 or more in total federal grant money
during the sub recipient's fiscal year, an annual audit will be performed and a copy provided to
the Kentucky Office of Homeland Security no later than 30 days after receipt of the final audit
report. OMB Circular ,4-133, Audit of the States, Local Governments, and Non -Profit
Organizations.
Required submissions: Verification of federal expenditures and Single Audit (as applicable)
\lonitoring
The Second Party shall submit, at such times and in such form as ntay be prescribed, such reports
as the first party may reasonably require, including financial reports. progress reports, Final
financial reports and evaluation reports. The Second Party shalt also comply with any and all
site visit monitoring performed by the First Party. The Second Party agrees to cooperate with
any assessments, national evaluation efforts, or information or data collection requests,
including, but not limited to, the provision of any information required for the assessment or
evaluation of any activities within this agreement.
Required Submissions: Any other requested reports and site visits
Quarterly Reports
The Second Party agrees to submit within 30 days after the end of cacti calendar quarter a writtcn
report on all programmatic and financial activities. Quarterly reports will be submitted on
approved Kentucky Office of Homeland Security forms as provided by the First Party.
Required Submissions: Quarterly Reports
Document Phase Document Description Page
1400002736 Draft _ Padueah, City of 13-021 25 of 26
Open Records
Request for information under the Kentucky Open Records Act which may reasonably lead to
the discovery of any information related to homeland security records as defined by KRS 61 may
not be disclosed without the written approval of the Director of KOHS.
Performance Timeline
Upon request by the First Party, the Second Party wilt provide summaries of progress made to
date on this agrcement. Should the First Party find the performance unacceptable, the First Party
shall provide written notification and may cancel the agreement immediately.
Central Contractor Registration and Universal Identifier Requirements
Upon request by the First Party, the second Party must provide its DUNS number.
Retention of Records
Records must be retained for three years from the day that the Kentucky Office of Homeland
Security submits its final expendintre report for the federal grant funding this project.
Document Phase Document Description Page
1400002736 Draft Paducah. City of 13-021 26 of
-- 26
SECOND PARTY
Second Party
Signature
Title
Date
First Parte
ConuuonNrealth of Kentucky, Office of the Governor,
Kentuck} Office of Homeland Security
Eugene L. Kiser, Executive Director
Signature
Date
approved as to form and legality:
Date
Agenda Action Form
Paducah City Commission
Meeting Date: November 12, 2013
Short Title: Zoning Tett Amendment - Parking
Ordinance ®Emergency ❑ Municipal Order ❑ Resolution ❑
Staff Work By: Stephen ErN in. Joshua Sommer
Presentation By: Stephen Erein
Background Information:
The intent of this Zoning Text Amendment is to make changes to Sections 126-71 (Off-street
Parking and Loading Areas) as fotlo%cs.
Staff AnaINsis:
The Planning Commission made a positiae recommendation to amend Section 126-71, Off -Street
Parking and Loading Areas. The Planning Department vould like to clarif} parking
requirements for hotels. motels & quick -style restaurants. Federal ADA guidelines relating to
handicapped parking are also being addressed.
See. 126-71. Off-street parking and loading areas.
(a) Intent
(b) General Regulations
(c) Design Approval
(d) Off-street parking requirements for residential land uses.
(e) Off-street parking requirements for nonresidential land uses.
GFA—Gross floor area measured in square feet.
GLA—Gross leasable area measured in square feet.
Use Parking Requirement
Assembt} operations I per 800 GFA
Auto sales:
Outdoor displa}
Indoor displa} office
Repair facilities
Bars and lounges
Bo%\ line aIle\
Car wash
Places of %%orship
Da% care facilities
I per 3,000 sq. ft.
1 per 750 GFA
t per 150 GFA
I per 200 GFA
l per aIle}
t0 per tunnel (parking and
stacking)
t per 3 seats
I per 400 GFAi and a pa%ed
unobstructed pick-up space
with adequate stacking areas
(as determined by the
Department of Planning)
shall be provided in addition
to the standard parking
requirements: and a safe
pedestrian walkwa} system
(as approved by the
Department of Plannine)
through the parking areas to
the building entrance, kith a
minimum l5 -foot safery
zone between the parking
spaces and the front buildins
entrance.
Financial institutions
I per 300 GFA
Finishing operations
I per 800 GFA
Golf courses
50 per nine holes
Group homes
I per 600 GFA
Hotel motel
I per room plus I per
additional 100 GFA of
ballrooms' banquet rooms'
mcetin� rooms and similar
spaces.
Hospitals
2.25 spaces per bed
Industrial
I per 800 GFA
Library
t per 300 GFA
Manufacturing
I per 800 GFA
Medical centers/offices
I per 200 GFA
Offices:
Under 50,000 GFA
4.5 per 1,000 GFA
30,000 to t00,000 GFA
4 per 1.000 GFA
100,000 -GFA
35 per 1,000 GFA
Receiving
I per 5.000 GFA
Research
I per 1.000 GFA
Restaurant:
Quick style
I per 30 GFA (of the public
dining areal
Drive through
8 stacked spaces (per
windo\r)
Sit down style
I per 3 seats
Retail stores
I per 300 GFA
Schools:
Elementary
2 per classroom
hitermediate
1.5 per classroom
Secondar}
I per 1.000 GFA
Higher or vocational
Ser\ ice stations
Shipping facilities
Shopping centers:
Under 400,000 GLA
400.000 - GLA
Storage areas/Facilities
Theater:
Free standing
In shopping center
Warehouse
10 per classroom plus
(a) I per campus vehicle.
(b) Additional visitor
parking to be 25 percent of
total parking.
(c) Parking must be in
reasonable proximity to
destination points.
4 per ba) or work area
I per 5,000 GFA
3.5 per L000 GLA
4 per 1.000 GLA
1 per 5,000 GLA
1 per 3 seats
1 per 4 seats
t per 5.000 GFA
When computing number of seats and GFA or GLA for parking. �Nhere no individual seating
(such as and like sports facilities and places of worship) is provided. every 24 inches will be
considered a seat.
When calculating GFA and GLA, fractions up to one-half shall be disregarded. and fractions of
one-half or more shall require one parking space.
�X hen calculating the required parking for a specific intended use that does not appear in this
section, the Zoning Administrator shall make a determination of a similar use that does appear
in this section.
(f) Number of off-street loading spaces.
(g) General design requirements: maintenance standards.
l) Aisles and access drives.
(2) Traffic circulation controls.
(3) Surfacing.
(4) Lighting-
(5)
ighting(3) Traffic visibility sight triangle required.
(6) Areas greater than minimum standards.
(7)Maintenance.
(8) Access design requirements.
a. Entrances and exits. One-way entrances and exits shall be at least
16 feet wide. Two -\\a\ entrances and exits shall be at least 24 feet
wide for minor streets and 30 feet wide for arterial or collector
streets.
b. Curb cuts. All curb cuts shall be subject to review and approval b}
the Department of Engineering and En%ironmental Scr\ices.
C. Minimum space sizes.
L Employee parking: 9 . 18 ft. (including the fotlowing uses:
lots solely for employee parking. offices. financial
(h)
Layout and dimensions of spaces.
Handicap parking requirements.
(t) Parking lots in excess of 4=4 four spaces shall prov ide handicap parking at the
following rate or as may be required by Kentucky Building Code or the
American Disabilities Act, whichever is more stringent:
Number of spaces required
l to 25
Handicap stalls
26 to 50
institutions, personal services, restaurants, and retail trades
5 l to 75
where bagged or bulky goods are not transferred: and other
76 to 100
similar uses as determined b% the Zoning Administrator.)
2.
Public parking: 10 x 18 ft. (Including the follo�%ing uses:
1 5 1 to 200
supermarkets, convenience stores, take-out restaurants.
201 to 300
department stores, furniture outlets, and other similar uses
301 to 400
that transfer large or bulky items; also medical offices.
401 to 500
hospitals, clinics and nursing homes: and all other similar
50t to 1000
uses as determined by the Zoning Administrator.)
3.
Parking Garages: 8 ft. 8 in. x 18 ft.
4.
Parallel parking: 10 x 24 ft.
b.
Handicap parking: 16 x 2-0 18 ft. (first space) 13 x 2-0 18 ft.
above first space. One of eNera sir handicapped spaces, or
fraction thereof, must be van accessible (16 X 18 ft.)
6.
Load ingtunloading: 10 x 50 x 14 ft.
d. Screening
requirements. Screening shall be provided as per section
126-72.
Layout and dimensions of spaces.
Handicap parking requirements.
(t) Parking lots in excess of 4=4 four spaces shall prov ide handicap parking at the
following rate or as may be required by Kentucky Building Code or the
American Disabilities Act, whichever is more stringent:
Number of spaces required
l to 25
Handicap stalls
26 to 50
2
5 l to 75
3
76 to 100
4
101 to L50
5
1 5 1 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
50t to 1000
21/0 of total
1001 and o%er
20 his l for each 100. or fraction thereof. over 1000
(2) These represent minimum requirements for all propert% uses: applicants
are encouraged to provide additional space if known that their particular
use dictates additional space.
(j) Adjustment for mixed use developments.
Recommendation:
The Planning Commission held a public hearing and made a positive recommendation to the Citi
Commission.
Funds Available: Account Name: N A
Account Number: N A Finance
Motion
Attachments
Department Head City Clerk �D�yManag�er
Agenda Action Form
Paducah City Commission
Meeting Date: November 12, 2013
Short Title: Zoning Test _amendment — Sign Regulations
Ordinance (]Emergency ❑ Municipal Order ❑ Resolution ❑
Staff Work By: Stephen Ervin, Joshua Sommer
Presentation By: Stephen Ervin
Background Information:
The intent of this Zoning Text .amendment is to make changes to Sections t26-76 (Sign
Regulations) as follows.
Staff Analcsis:
The Cite of Paducah «ould like to amend Section 126-76 Sion Regulations. Section (d) (5) K
(6) make references to ordinances that don't exist or have been changed. Section (g) contains
claritled regulations for identification signs for places of worship and also contains ne%%
reLiulations to alloy% places of worship to ha%e electronic message suns. provided certain
conditions are met.
See. 126-76. Sign regulations.
(a) Purpose.
(b) Definitions.
(c) General regnlations.
(d) Regulations for temporar-, signs.
(I) Temporar} signs 0hich adccrtise or promote a political campaign or the
expression of ideas or beliefs shall be subject to the follo%ying regulations:
a.
b.
C.
(2) Temporan signs which ads ertise the sale. lease or decelopntent of real propert}.
shall be subject to the folto�%int regulations:
a. Such signs mac be erected at the time of the commencement of the sale
of the real propert} and mac be maintained for a period not to exceed ten
dacs after completion of the sale, at u%hich time such sums shall be
removed.
b. Such signs shall not exceed six square feet in area per sign face.
excepting howccer. such signs located in a 3-3, HBD. M -l. NI -2. M-3,
H -yl. POP, or M-1- Zone kith frontage oeer 200 feet shall not exceed 3'
square Feet in area per sign face.
C. No more than one sign shall be permitted for each 300 feet the lot or traet
upon which the sign is to be located abws upon a public right -of -\%a%.
d. Such signs ma} be located v%ithin seven feetofa street right-of-vNav line.
3) Temporary signs �Oiich advertise construction sery ices and services related
thereto shall be subject to the foll0%%ing regulations.
a.
b.
C.
d.
(-f) Temporary signs which advertise or promote business evens. special sales.
"under nea management". "going out of business", "grand opening" and similar
announcements shall be subject to the fotlowing regulations:
a.
b.
C.
d.
(5) Temporar\ signs which advertise or promote general events shall also be in
compliance Faith section 98-3 3 of the Code of Ordinances.
(6) Temporan signs which advertise or promote circuses or carnivals or other
special events shall not exceed t00 square Leel and shall be erected within 30
days of the event and removed %within t0 days following the event and sI�N
aEl zts +sem n a pre +stens eft+a3 erro sof Otd+ns.
Each special event is limited to two Stich signs on the property the special event
is being held on.
(7) Temporary signs which advertise or promote yard sales ma} only be erected the
day before the sale and shall be removed on the daa following the sale. Such
signs shall not exceed six (6) Square feet per sign face. Stich signs mai be
located within seven (7) feet of a street right-of-way line.
e) Signs permitted in all zones and districts.
(t) Signs prohibited in all zones and districts.
(g) Signs authorized for R -I, R-2, R-3, NSZ and R --t Zones. No signs shall be permitted
in the R -I, R-2, R-3, NSZ and R -d zones in the cite except as provided in subsection (e) above
and as prov ided in subsection (e) abo%e, (7) below and as provided as follows:
I) Signs with nameplates affixed to the exterior wall of a structure and not
exceeding t8 inches b} 24 inches in area shall be permitted for each single
family dwelling unit. Such nameplates shall indicate nothing other than the name
of the premises and, or the name and or address of the occupants. Such signs may
only be illuminated indirectly.
(2) ,A sign identifying the name of subdivisions and public or private schools shall
be permitted provided such signs do not exceed 48 square feet in area per sign
face. Such signs may include an attached or freestanding announcement sign.
Subdivision signs ma% only be illuminated indirectl}. Public or private school
signs may be lighted. Non-commercial public or private schools may have an
Electronic message sign. Such suns shall not be erected closer than t-en fide feet
to ani propert\ line unless attached to a building and shall not exceed eight feet
in heiuht.
f �) Bulletin boards and identification signs shall be permitted at places of \worship
provided such identification signs or bulletin boards do not exceed 48 square feet
in area per sign face. One free-standing identification sign is permitted per lot.
however, one additional free-standing identification sign shall be permitted for
places of ��orship on the intersection of two streets or has double frontage on
parallel streets. Such signs may indicate the name and or address and activities
relating to the premises. Such signs may be lighted. Such signs shall not be
erected closer than t-en five feet to any property line unless attached to a building
and shall not exceed eTten feet in height.
n�
Places of worship may have one electronic message sign. in lieu of one
identification sign, provided the following requirements are met:
(a) Such sign may not exceed 48 square feet in area per siert face.
(b) Such sign may not exceed ten feet in height.
(c) Such sign shall meet the requirements provided in 126-76 (k) (5 )
(d) Such sign shall be located at Least 200 feet away from anti residential
structure in residential (R-1, R-2, R-3 & R-4) zones, except For pastor
resider[ces. parishes, rectories and caretaker dwellings, which are owned bv
be dace of worship. The 200 feet measurement includes residential
Structures on the opposite sides of public I.Qvs. Said measurement shall be
taken from the nearest outside wall of the structure. Further, such sign shall
not be closer than five feet to ari )roperty line unless attached to a buildin,
(e) Such sign shall be located on the same lot as the principal building?.
(f) Only one electronic message sign (either free-standing or attached to a
building) shall be permitted per place of worship.
(4) Signs for advertising nurseries or day cares in the R- 1, R-2 and R-3 zone shall be
permitted provided such signs comply ,� Itll subsection (e) 054 L(51.
(5) Free standing business signs, advertising the business uses, in the R-4 zone shall be
permitted per lot provided the sign is no larger than 12 square feet in area per sign
Face and be no taller than ten feet. Such signs may only be illuminated indirectly.
a. Only one free standing business sign shall be permitted on any lot.
b. Wall signs shall be permitted foi- each tenant or lessee. The area of the mall
signs shall not exceed 20 percent of squar;, footage of face of building.
structure or face of tenant or lessee space. Liglited signs are permitted. Wah
signs shall not be located on ani- portion c)f the rook that encloses the
building.
{6) Private directional signs indicating entrance. exit or location of' parking shall be
permitted in the R-4 zone. Such signs shall not exceed four square feet in surface
area for each sign and the height must not be more than 30 inches from the street
level. These signs must be placed on private property and not on public right-of-\\ay.
(7) One fa4ade sign shall be permitted on any lot in the NSL Such signs shall only be
approved for Conditional Permitted Uses. Such sign shall be permitted pro\ ided the
sign is no larger than 8 square feet in area per siw face. Such signs may onl} be
illuminated indirectly.
(8) ,Apartment complexes maN ha%c pri%ate directional signs indicating entrance, exit or
location of parking prov ided such signs do not exceed four square feet in surface area
for each sign face and the height shall not exceed 30 inches from the street lc%el.
These signs shall not be placed within the public right-of-vca% and shall not exceed
more than taco per public street frontage. Further, apartment complexes may hate
one free standing apartment complex identification sign on anc lot pro%ided:
ho«ever one additional sign shall be permitted for each additional 300 feet of street
frontage. One additional free standing apartment complex identification sign shall be
permitted if the business is located at the intersection of tNo streets. The size of the
sign shall not exceed 36 square feet in area per sign face. The outer edge of the sign
shall be set back at least seven feet from the side lot line. All permitted apartment
complex identification signs shall not exceed a height of 8 feet from the adjacent
grade. Such signs shall be illuminated indirectlo.
(h) Signs authorized for B -2-T zone.
(i) Signs authorized for H-1 zone.
(j) Signs authorized for H-2 zone.
(k) Signs authorized for B-1, B-2, B-3, M -t, NI -2, M-3 and HBD zones.
(1) Signs authorized for POP Zone.
(m) Signs authorized for MU Zone.
(n) Signs authorized for HNI Zone.
(o) Signs authorized for NCCZ.
(p) Application Fees and Penalties
(q) Permitted nonconforming signs.
(r) Replacement advertising signs.
(s) Signs constituting a nuisance --Abatement.
Recommendation:
The Planning Commission held a public hearing and mace a positivc recommendation to the Citi
Commission.
Funds Available
Motion
Attachments:
Account Name: N A
Account Number: N A
Head 11 City Clerk
Finance
Agenda Action Form
Paducah City Commission
Meeting Date: November 12 12, 2012
Short Title: Zoning Test .amendments
Ordinance ®Emergency ❑ Municipal Order ❑Resolution ❑
Staff Work By: Stephen Ervin
Presentation By: Stephen Ery in
Background Information:
The intent of this Zoning Text .Amendment is to make changes to Sections 1_6-106
(Com enience and Sery ice Zone, B- I) as fol loss.
Staff Anal sis:
The CitN of Paducah would like to amend Section 126-106 CorNenience and Sen ice Zone. B-1.
Variet} store has been removed as it is a form of retail, Subsection h is proposed to be changed
to conditional uses. approsed b% the Board of AdiList men t. .-A new proposed conditional use
%could be automobile rental, sales and service. Currently only automobile service stations are
permitted.
Sec, 126-106. ConNenience and Service Zone, B-1.
The purpose of this zone is to pros ide convenient shopping areas to sere nearby residential
areas.
t) Principal permitted uses.
a. Any use permitted in the R -d zone (except all new residential structures shall
compl} with the R-4 zone yard requirements)
b. Home occupations
C. Hotels and motets
d. Funeral homes
e. Commercial greenhouses
f -Assembtc buildings of fraternal, professional and labor organizations
Q. Fhe foltowing uses, prov ided the} are conducted �sholly within a builclinL) except
for off-street loading and unloading:
1. Retail establishments (product processing is allowed only if the products
are sold at retail on the premises)
2. Personal and convenience service establishments
3. Shoe staga repair shop
d. Tailor shop
5. Theater
6. Verieta-stet€
h- 2) Condittonally permitted uses
8R tile OenditiOFIS
i c "
It. I)hl iqhrnetits
uses,
The Coffimissio Board of Adjustment shall determine that the aboA-e
listed uses kill not be detrimental to adjacent residential property via
excessive noise, light, odor. traffic congestion or vibration. Des c --r b
eongestion
n
not eecur.
a. Automobile rental, sales or scraice
b. Drive-in establishments
c. Other similar but undefined uses
H (31 lininIUM yard requirements.
a. Front yard. None, except for arterial highway strip commercial uses, for which a
minimum front yard of 25 feet shall be provided.
b. Side pard. None, except for arterial highway strip commercial uses: for such uses
the side yards shall not be less than 12 feet except that am side card abutting a
residential district shall not be Tess than 25 feet.
C. Rear yard. None, except for arterial highma% strip commercial uses: for such uses
a rear yard of ten feet shall be provided; if such use is serviced from the rear or if
it abuts a residential district. a rear ; and of not less than 30 feet shall be provided.
Minimum area requirements.
a. ylinimum lot area: 5,000 square feet. except for arterial highway strip
commercial uses, which shall be not less than 10,000 square feet.
b. ,tinintum lot width: 50 feet, except for arterial highway strip commercial uses.
which shall be 75 feet.
(d4' ) Maximum building height. None.
(5-) C(i) Accessory buildings. Accessory buildings shall be built uo closer than t5 feet from an}
property line and no closer than ten feet from an} other building.
0) L) .access control.
a. Lots with less than 200 feet of frontage Shall hay- only one point of access to am
one public street.
b. Lots in excess of 200 feet ma} have two points of access for each 200 feet of
frontage on any one public street.
C. All points of ingress and egress to major arterials shall be at least 50 feet front
the ramp pavement transition point of highway interchanges.
(� (8� Setback requirements for business zones facing R-1 or R-2 residential zone.
a. Where a business zone faces an R-1 zone andor an R-2 residential zone, the
Planning Commission shalt require a minimum frontNard setback of 2> feet.
b. Screening requirements shall be the same as section 126-72.
f84(9) Parking requirements. See section t? -6-71.
Recommendation:
I he Planning Commission held a public hearing and made a positive recommendation to the Cin
Commission.
Funds Available:
Motion
Attachments:
Account Name: N a
Account Number: ` A
Finance
Department Head
City Clerk
City Manager