HomeMy WebLinkAboutCCMPacket2020-02-25CITY COMMISSION MEETING
AGENDA FOR FEBRUARY 25, 2020
5:30 PM
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public
Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission
Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one
motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which
event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items
recommended for approval.
I. CONSENT AGENDA
A.Approve Minutes for February 11, 2020
B.Receive & File Documents
C.Appointment of Chris Cappock to the Brooks Stadium Commission.
D.Personnel Actions
E.Adopt the Updated FY2020 Pay Grade Schedule - S SUAZO
F.Adopt the Updated FY 2020 Position & Pay Schedule - S SUAZO
G.Acceptance of the KYTC Transportation Alternative Program grant in
the amount of $432,500 for the Greenway Trails Phase V Project - R
MURPHY
H.Application for the COPS Hiring Program (CHP) Grant in the amount
of $375,000 - B LAIRD
I.Application for the FY2019 Assistance to Firefighters Grant in the
amount of $34,200- S KYLE
J.Declaration and Sale of Surplus Property-831 Campbell Street - T
TRACY
K.Declaration and Sale of Surplus Property - 2706 Ohio Street - T
TRACY
L.Accept the 2020 Parks and Recreation Master Plan - M THOMPSON
II. MUNICIPAL ORDER(S)
A.Contract with Remotec, Inc. to purchase an Explosive Ordinance
Disposal Robot for the Police Department Bomb Squad for $442,064 -
B LAIRD
III. RESOLUTION(S)
A.Resolution to Postpone Request for Bids for Sports and Recreational
Facility to March of 2021 - R ABRAHAM
IV. ORDINANCE(S) - ADOPTION
A. Approve Franchise Agreement Between City of Paducah and Comcast
of the South - P SPENCER
V. ORDINANCE(S) - INTRODUCTION
A.Approval of contract with Adam's Contracting, LLC in the amount of
$274,121 for the Perkins Creek "Bob Leeper" Pedestrian Bridge project
- R MURPHY
B.Approval of Professional Services Contract with BFW Engineering &
Testing, Inc. in the amount of $52,204 for the Floodwall Seal Closure
Project - R MURPHY
C.Amend Code of Ordinances Section 78-32 Related to Vacation Leave -
S SUAZO
D.Approve a Budget Amendment in the amount of $1.5 Million for
BUILD Grant Match and Project Related Expenses - J ARNDT
VI. COMMENTS
A.Comments from the City Manager
B.Comments from the Board of Commissioners
C.Comments from the Audience
VII. EXECUTIVE SESSION
February 11, 2020
At a Regular Meeting of the Board of Commissioners, held on Tuesday, February 11, 2020, at
5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Pro Tem
Abraham presided, and upon call of the roll by the City Clerk, the following answered to their names:
Commissioners McElroy, Watkins, Wilson and Mayor Pro-Tem Abraham (4) Mayor Harless was
unable to attend the meeting.
INVOCATION:
Commissioner McElroy led the Invocation.
PLEDGE OF ALLEGIANCE
Mayor Pro-Tem Abraham led the pledge.
PRESENTATION
Public Information Officer Pam Spencer provided the following summary on the presentation
presented:
2020 Census Presentation
Partnership Specialist Mark Wattier with the U.S. Census Bureau and Paducah McCracken
County’s Complete Count Committee (CCC) Chair Zana Renfro provided a presentation about
the upcoming 2020 Census. Renfro encouraged the community by saying, “Let’s get out and
make sure you are counted in the Census.” Renfro adds, “We want the response to be the best
reflection of our community.” Wattier and Renfro have been working to gather community
partners to help spread the word including local governments, utility companies, the Housing
Authority of Paducah, and the McCracken County Public Library. Wattier says in early to mid-
March, residents will receive invitations to complete the census questionnaire with options to
complete it by phone, online, or paper copy. Wattier also discussed the importance of a
complete and accurate count in determining congressional representation, the determination of
legislative, school, and voting districts, and the appropriation of federal funding. Part-time
jobs are available with the Census Bureau. Visit https://census.gov/jobs
CONSENT AGENDA
Mayor Pro-Tem Abraham asked if the Board wanted any items on the Consent Agenda removed for
separate consideration. There were no items removed. Mayor Pro-Tem asked the City Clerk to read the
items on the Consent Agenda.
I(A) Approve Minutes for the January 25, 2020, called Meeting of the Board of
Commissioners for the City of Paducah and for the January 28, 2020, Meeting of the
Board of Commissioners for the City of Paducah
I(B) Receive and File Documents:
Minute File:
1. Notice of Called Meeting For the Board of Commissioners of the City of
Paducah, Kentucky – January 25, 2020
2. Certificate of Liability Insurance – JSC Terminal LLC dba Midwest Terminal
3. Continuation Certificate Fidelity or Surety Bonds/Policies – Jim Smith
Contract Company LLC
February 11, 2020
Deed File:
1. Interlocal Agreement – City of Paducah, and the County of McCracken -
Hazardous Household Waste Grant Award - MO #2251
2. Interlocal Agreement – City of Paducah and County of McCracken – Edward
Byrne Justice Assistance Grant (JAG) Award – MO #2286
3. FY 2020 Partnership Grant – AIR Institute SHIFT Workshop – MO #2312
Contract File:
1. Agreement to Employ Christopher Yarber as Director of Public Works – MO
#2315
2. Project Management Services for Tyler EnerGov Implementation Support –
ORD 2020-01-8613
Financial File:
1. Paducah Water Works – Financial Information for periods ending November
30, 2019 and December 31, 2019
Bids:
1. Fuel Contract for FY2020-21 – Midwest Terminal (only bidder)
2. Rejection of all Bid Proposals from Company of Paducah, Jim Smith
Contracting Company, Wilkins Construction Company and Youngblood
Excavating & Contracting – Greenway Trails Phase V project
I(C ) Reappointment of Edward Hely to the Electric Plant Board. This term shall expire
February 6, 2024
I(D) Reappointment of David Barnett to the Board of Ethics. This term shall expire
February 10, 2023
I(E) Reappointment of William E. Shannon to the Paducah Water Board. This term shall
expire January 6, 2024
I(F) Reappointment of Beverly McKinley to the Code Enforcement Board. This term
shall expire February 26, 2023
I(G) Personnel Actions
Mayor Pro-Tem Abraham offered motion, seconded by Commissioner McElroy, that the consent
agenda be adopted as presented.
Adopted on call of the roll, yeas, Mayor Pro-Tem Abraham, McElroy, Watkins, and Wilson (4)
ORDINANCE(S) – ADOPTIONS
APPROVE FUEL CONTRACT FOR 2020-2021
Commission McElroy offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled, “AN ORDINANCE ACCEPTING THE BID OF JSC
TERMINAL, LLC, D.B.A. MID WEST TERMINAL FOR THE CITY’S FUEL SUPPLY FOR THE
2020 AND 2021 CALENDAR YEARS, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME.” This ordinance is summarized as follows: The City of Paducah hereby
accepts the bid JSC Terminal, LLC d.b.a. Mid West Terminal for the City supply of gasoline, diesel
February 11, 2020
fuel, and diesel fuel off-road at a price of $0.12 per gallon above OPIS (Oil Price Information Service),
as well as ValTec Marine Gasoline Additive and ValTec Premium Diesel Additive at a price of $0.04
above OPIS. Said contract is for a period of two years and contains two additional one-year options to
renew if both parties agree.
Adopted on call of the roll, yeas, Mayor Pro-Tem Abraham, McElroy, Watkins, Wilson (4).
(ORD #2020-02-8615, BK 36)
APPROVE AGREEMENT WITH THE PADUCAH POLICE DEPARTMENT BARGANING
UNIT
Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT AND OTHER ASSOCIATED DOCUMENTS BETWEEN THE
CITY OF PADUCAH AND THE PADUCAH POLICE DEPARTMENT BARGAINING UNIT”.
This Ordinance is summarized as follows: That the Mayor is hereby authorized to execute an
agreement and other associated documents between the City of Paducah and the Paducah Police
Department Bargaining Unit. This Agreement shall be effective from July 1, 2020, to June 30, 2023.
Adopted on call of the roll, yeas, Mayor Pro-Tem Abraham, McElroy, Watkins, Wilson (4).
(ORD #2020-02-8616, BK 36)
APPROVE AGREEMENT WITH PROFESSIONAL FIRE FIGHTERS OF PADUCAH,
LOCAL 168
Commissioner Wilson offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND PROFESSIONAL
FIRE FIGHTERS OF PADUCAH, LOCAL 168, INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS.” This Ordinance is summarized as follows: That the Mayor is hereby authorized to
execute an Agreement with the Professional Fire Fighters of Paducah, Local 168, International
Association of Fire Fighters. This agreement will become effective July 1, 2020 and expire on
June 30, 2023.
Adopted on call of the roll, yeas, Mayor Pro-Tem Abraham, McElroy, Watkins, Wilson (4).
(ORD #2020-02-8617, BK 36)
ORDINANCE(S) – INTRODUCTION
CONTRACT WITH McCRACKEN COUNTY JAIL FOR USE OF CLASS D INMATES
Commissioner McElroy offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PADUCAH,
KENTUCKY, AUTHORIZING AND APPROVING A MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF PADUCAH AND THE MCCRACKEN COUNTY JAIL TO DEFINE THE
DUTIES OF EACH PARTY AS IT RELATES TO A PARKS DEPARTMENT WORK PROGRAM
FOR CLASS D INMATES.” This Ordinance is summarized as follows: This ordinance authorizes and
February 11, 2020
approves a Memorandum of Agreement with a term of March 1, 2020 to November 30, 2020 between
the City of Paducah and McCracken County Jail. This Memorandum of Agreement defines the duties
of the City and the McCracken County Jail as they relate to initiating a parks maintenance work
program for Class D Inmates. This Memorandum of Agreement shall automatically renew until
terminated by either party.
APPROVE FRANCHISE AGREEMENT BETWEEN CITY OF PADUCAH AND COMCAST
OF THE SOUTH
Commissioner Watkins offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners introduce an Ordinance entitled, “AN ORDINANCE GRANTING A NON-
EXCLUSIVE FRANCHISE TO COMCAST OF THE SOUTH TO OPERATE AND MAINTAIN A
CABLE SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF PADUCAH,
KENTUCKY, PURSUANT TO THE TERMS AND PROVISIONS OF THE PADUCAH
ORDINANCE FOR REGULATION OF CABLE COMMUNICATIONS, AND APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT BETWEEN THE
CITY OF PADUCAH, KENTUCKY, AND COMCAST OF THE SOUTH.” This Ordinance is
summarized as follows: This ordinance authorizes the Mayor to execute a Franchise Agreement with
Comcast of the South. This agreement shall have a ten-year term with an effective date of March 1,
2020. This agreement grants a non-exclusive franchise to Comcast of the South to continue to operate
and maintain a cable television system within the City of Paducah.
DISCUSSION
Public Information Officer Pam Spencer provided the following summary on the overview of Paducah
Opportunity Zones:
Planning Director Tammara Tracy presented an overview of Paducah’s two Opportunity
Zones and highlighted the Prospectus of Projects booklet. Tracy says, “There’s an
opportunity to make a significant amount of money as well as help the community. We
want the community and people outside the community to invest in us.” Opportunity
Zones are economic development tools promoting investment in distressed communities
through legislation enacted by the Federal Tax Cuts and Jobs Act of 2017. New
investments in an Opportunity Zone area may be eligible for preferential tax treatment
such as capital gains tax advantages. Paducah has two Opportunity Zone designations,
which were selected by the State, located in the northern and downtown areas in
Paducah. There are 8700 zones across the United States. To help our two zones stand
out to potential investors, the City has developed a booklet providing an overview of our
community and featuring six transformative projects including the Columbia Theatre
and the Northside Neighborhood. To learn more about Paducah’s Opportunity Zones
and to download the Prospectus of Projects, visit http://paducahky.gov/opportunity-
zones.
CITY MANAGER’S COMMENTS
Scope Your Project video presentation
An Open House for “Scope Your Project” will be held on Thursday, 9:00 a.m. to 11:00 a.m.
and Friday 2:00 p.m. to 4:00 p.m.
February 11, 2020
COMMISSION COMMENTS
Commissioner Wilson - commented on KLC activities in Frankfort this week
Commissioner McElroy – commented on the progress of Paducah Music Playground
PUBLIC COMMENTS
Mary Byrn – commented on the Class D Worker Program – diversity
Randy Beeler – commented on Opportunity Zones
ADJOURN
Mayor Pro-Tem Abraham offered motion, seconded by Commissioner McElroy, to adjourn the
meeting. All in favor.
Meeting ended at approximately 6:36 p.m.
ADOPTED: February 25, 2020
______________________________
Brandi Harless, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
February 25, 2020
Minute File:
1. Emergency Procurement – qualified professional engineering firm – Bridge replacement
Buckner Lane (signed by City Manager January 23, 2020)
Contract File:
1. Agreement between City of Paducah and the Paducah Police Department Bargaining Unit
(ORD 2020-02-8616)
2. Agreement between City of Paducah and the Professional Fire Fighters of Paducah, Local
168, International Association of Fire Fighters (IAFF) (ORD 2020-02-8617)
3.Renewal Agreement – EPW Concrete Program One-Year Renewal (MO #2080)
4. Agreement between City of Paducah and HDR Engineering, Inc. – Transient Dock
Project – Environmental Permitting (Signed by City Manager)
Bids File:
1. Comcast of the South – Cable TV service for City of Paducah (only bid)
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Adopt the Updated FY2020 Pay Grade Schedule - S SUAZO
Category: Municipal Order
Staff Work By: Stefanie Suazo
Presentation By: Stefanie Suazo
Background Information: Staff is recommending the Commission adopt a new Pay Grade Schedule to
reflect the Engineering, Public Works and Parks & Recreation Department re-organization. It is also a clean-up
and audit reflecting the correct and current position titles.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation:
Adopt the updated Pay Grade Schedule
Attachments:
1.Municipal Order
2.Pay Grade Schedule - 2_20_20
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER ADOPTING AN AMENDMENT TO THE FY2019-
2020 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH,
KENTUCKY
WHEREAS, the City of Paducah adopted the FY2019-2020 Pay Grade Schedule
by Municipal Order No. 2252 on June 25, 2019; and
WHEREAS, it is necessary to amend the pay grade schedule due to the re-
organization of the Engineering, Public Works and Parks & Recreation Department and to reflect
correct current position titles; and
WHEREAS, in order to implement the changes, it is necessary to amend the
FY2018-2019 Pay Grade Schedule.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah hereby adopts and approves the amendment to
the FY2019-2020 Pay Grade Schedule as attached hereto.
SECTION 2. This Order will be in full force and effect from and after the date of
its adoption.
__________________________________
Brandi Harless, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, February 25, 2020
Recorded by Lindsay Parish, City Clerk, February 25, 2020
\mo\pay grade schedule 2-25-20
FY 2019 - 2020
Pay Grade Schedule
February 20, 2020
Premium
Range
Title
Pay
Grade Beginning -1st 2nd Qtr Mid-Point 3rd Qrt 4th Premium
Firefighter (Appointee)A $25,413 $28,249 $31,091 $33,976 $36,865
Account Clerk B $26,525 $29,627 $32,638 $35,626 $38,610
Admin Asst I B $26,525 $29,627 $32,638 $35,626 $38,610
Accounts Payable Clerk C $28,032 $31,151 $34,270 $37,478 $40,684
Admin Asst II C $28,032 $31,151 $34,270 $37,478 $40,684
Admin Assistant 911 C $28,032 $31,151 $34,270 $37,478 $40,684
Assistant Recreation Specialist C $28,032 $31,151 $34,270 $37,478 $40,684
Code Enforcement Assistant C $28,032 $31,151 $34,270 $37,478 $40,684
Data Entry Clerk 911 C $28,032 $31,151 $34,270 $37,478 $40,684
Evidence Technician I C $28,032 $31,151 $34,270 $37,478 $40,684
Laborer C $28,032 $31,151 $34,270 $37,478 $40,684
Permit Specialist C $28,032 $31,151 $34,270 $37,478 $40,684
Records Clerk I C $28,032 $31,151 $34,270 $37,478 $40,684
Revenue Technician C $28,032 $31,151 $34,270 $37,478 $40,684
ROW Maintenance Person C $28,032 $31,151 $34,270 $37,478 $40,684
Solid Waste Truck Driver C $28,032 $31,151 $34,270 $37,478 $40,684
Administrative Asst III D $29,339 $32,661 $35,985 $39,261 $42,537
Records Clerk II D $29,339 $32,661 $35,985 $39,261 $42,537
Revenue Technician II D $29,339 $32,661 $35,985 $39,261 $42,537
Concrete Finisher E $30,866 $34,326 $37,783 $41,251 $44,718
Customer Experience
Representative E $30,866 $34,326 $37,783 $41,251 $44,718
Equipment Operator E $30,866 $34,326 $37,783 $41,251 $44,718
Firefighter E $30,866 $34,326 $37,783 $41,251 $44,718
Maintenance Technician E $30,866 $34,326 $37,783 $41,251 $44,718
Permit Technician E $30,866 $34,326 $37,783 $41,251 $44,718
Recreation Specialist E $30,866 $34,326 $37,783 $41,251 $44,718
Records Clerk III E $30,866 $34,326 $37,783 $41,251 $44,718
Traffic Tech E $30,866 $34,326 $37,783 $41,251 $44,718
Asst. City Clerk F $32,393 $36,034 $39,673 $43,340 $47,009
Cemetary Sexton F $32,393 $36,034 $39,673 $43,340 $47,009
Compost Equipment Operator F $32,393 $36,034 $39,673 $43,340 $47,009
Evidence Tech II F $32,393 $36,034 $39,673 $43,340 $47,009
Executive Asst I F $32,393 $36,034 $39,673 $43,340 $47,009
Firefighter Relief Driver F $32,393 $36,034 $39,673 $43,340 $47,009
Floodwall Operator F $32,393 $36,034 $39,673 $43,340 $47,009
Telecommunicator F $32,393 $36,034 $39,673 $43,340 $47,009
Terminal Agency Coordinator F $32,393 $36,034 $39,673 $43,340 $47,009
Code Enforcement Officer I G $34,029 $37,842 $41,657 $45,477 $49,299
Fleet Mechanic I G $34,029 $37,842 $41,657 $45,477 $49,299
New Hire Range Market Range
FY 2019 - 2020
Pay Grade Schedule
February 20, 2020
Premium
Range
Title
Pay
Grade Beginning -1st 2nd Qtr Mid-Point 3rd Qrt 4th Premium
New Hire Range Market Range
HR Generalist G $34,029 $37,842 $41,657 $45,477 $49,299
911 Shift Supervisor H $35,665 $39,701 $43,548 $47,720 $51,700
Fire Lieutenants H $35,665 $39,701 $43,548 $47,720 $51,700
Help Desk Technician H $35,665 $39,701 $43,548 $47,720 $51,700
Housing Specialist H $35,665 $39,701 $43,548 $47,720 $51,700
Events & Promotions Specialist H $35,665 $39,701 $43,548 $47,720 $51,700
Marketing Specialist H $35,665 $39,701 $43,548 $47,720 $51,700
Neighborhood Project Planner H $35,665 $39,701 $43,548 $47,720 $51,700
Fire Captains I $37,520 $41,723 $45,926 $50,176 $54,425
Fleet Mechanic II I $37,520 $41,723 $45,926 $50,176 $54,425
Executive Asst II I $37,520 $41,723 $45,926 $50,176 $54,425
Executive Asst II/Assistant City Clerk I $37,520 $41,723 $45,926 $50,176 $54,425
Journeyman Electrician I $37,520 $41,723 $45,926 $50,176 $54,425
Office Manager I $37,520 $41,723 $45,926 $50,176 $54,425
Accountant J $39,374 $43,799 $48,223 $52,631 $57,044
Deputy Building Inspector I J $39,374 $43,799 $48,223 $52,631 $57,044
Deputy Electrical Inspector I J $39,374 $43,799 $48,223 $52,631 $57,044
Code Enforcement II J $39,374 $43,799 $48,223 $52,631 $57,044
Deputy Fire Marshal I J $39,374 $43,799 $48,223 $52,631 $57,044
Engineering Technician J $39,374 $43,799 $48,223 $52,631 $57,044
IT Specialist I J $39,374 $43,799 $48,223 $52,631 $57,044
Police Officer J $39,374 $43,799 $48,223 $52,631 $57,044
Revenue Auditor J $39,374 $43,799 $48,223 $52,631 $57,044
Records Division Manager K $41,338 $45,986 $50,634 $55,311 $59,982
Crime Analyst K $41,338 $45,986 $50,634 $55,311 $59,982
911 System Administrator K $41,338 $45,986 $50,634 $55,311 $59,982
Assistant 911 Communication
Manager L $42,220 $47,687 $53,163 $58,649 $64,133
Associate Planner L $42,220 $47,687 $53,163 $58,649 $64,133
Code Enforcement Supervisor L $42,220 $47,687 $53,163 $58,649 $64,133
Deputy Building Inspector II L $42,220 $47,687 $53,163 $58,649 $64,133
Deputy Electrical Inspector II + Plan L $42,220 $47,687 $53,163 $58,649 $64,133
Engineer Asst II L $42,220 $47,687 $53,163 $58,649 $64,133
Engineer Project Manager L $42,220 $47,687 $53,163 $58,649 $64,133
Fire Marshall II L $42,220 $47,687 $53,163 $58,649 $64,133
Grants Administrator L $42,220 $47,687 $53,163 $58,649 $64,133
Master Electrician L $42,220 $47,687 $53,163 $58,649 $64,133
Parks Maintenance Supervisor L $42,220 $47,687 $53,163 $58,649 $64,133
FY 2019 - 2020
Pay Grade Schedule
February 20, 2020
Premium
Range
Title
Pay
Grade Beginning -1st 2nd Qtr Mid-Point 3rd Qrt 4th Premium
New Hire Range Market Range
Supervisor -(Compost Operations,
Fleet, Maintenance, Street, Solid
Waste)L $42,220 $47,687 $53,163 $58,649 $64,133
Business Development Specialist M $44,282 $50,053 $55,824 $61,559 $67,295
Chief Electrical Inspector M $44,282 $50,053 $55,824 $61,559 $67,295
Community Development Planner M $44,282 $50,053 $55,824 $61,559 $67,295
Deputy Building Inspector III/Plan
Review M $44,282 $50,053 $55,824 $61,559 $67,295
Downtown Development Specialist M $44,282 $50,053 $55,824 $61,559 $67,295
Engineer Asst III M $44,282 $50,053 $55,824 $61,559 $67,295
Fire Marshall III M $44,282 $50,053 $55,824 $61,559 $67,295
Senior Planner M $44,282 $50,053 $55,824 $61,559 $67,295
Special Events Coordinator M $44,282 $50,053 $55,824 $61,559 $67,295
Chief Building Inspector N $46,109 $52,594 $58,613 $64,700 $70,785
Battalion Chief N $46,109 $52,594 $58,613 $64,700 $70,785
Engineering tech III N $46,109 $52,594 $58,613 $64,700 $70,785
Fire Marshall N $46,109 $52,594 $58,613 $64,700 $70,785
Housing Coordinator N $46,109 $52,594 $58,613 $64,700 $70,785
Parks & Recreation
Superintendent N $46,109 $52,594 $58,613 $64,700 $70,785
Parks Maintenance Superintendent N $46,109 $52,594 $58,613 $64,700 $70,785
Recreation Superintendent N $46,109 $52,594 $58,613 $64,700 $70,785
Street Superintendent N $46,109 $52,594 $58,613 $64,700 $70,785
Floodwall Superintendent N $46,109 $52,594 $58,613 $64,700 $70,785
Fleet/Maintenance Superintendent O $48,862 $55,203 $61,546 $67,911 $74,275
GIS Analyst O $48,862 $55,203 $61,546 $67,911 $74,275
Operations Manager O $48,862 $55,203 $61,546 $67,911 $74,275
Risk Manager O $48,862 $55,203 $61,546 $67,911 $74,275
Assistant to the City Manager P $51,261 $57,943 $64,621 $71,248 $77,874
Business Systems Analyst P $51,261 $57,943 $64,621 $71,248 $77,874
City Clerk P $51,261 $57,943 $64,621 $71,248 $77,874
Crime Analyst II P $51,261 $57,943 $64,621 $71,248 $77,874
GIS/Planner P $51,261 $57,943 $64,621 $71,248 $77,874
Network Administrator P $51,261 $57,943 $64,621 $71,248 $77,874
Public Information Officer P $51,261 $57,943 $64,621 $71,248 $77,874
Section 8 Housing Admin P $51,261 $57,943 $64,621 $71,248 $77,874
Police Sergeant P $51,261 $57,943 $64,621 $71,248 $77,874
Principal Planner P $51,261 $57,943 $64,621 $71,248 $77,874
GIS Specialist P $51,261 $57,943 $64,621 $71,248 $77,874
Police Captain Q $53,880 $60,560 $67,853 $74,882 $81,911
FY 2019 - 2020
Pay Grade Schedule
February 20, 2020
Premium
Range
Title
Pay
Grade Beginning -1st 2nd Qtr Mid-Point 3rd Qrt 4th Premium
New Hire Range Market Range
Fire Assistant Chief Q $53,880 $60,560 $67,853 $74,882 $81,911
Storm & Drain Engineer R $56,344 $63,871 $71,246 $78,541 $85,837
Deputy Fire Chief - Operations S $59,331 $67,070 $74,809 $82,504 $90,200
Director of Inspection S $59,331 $67,070 $74,809 $82,504 $90,200
Police Assistant Chief S $59,331 $67,070 $74,809 $82,504 $90,200
Revenue Manager S $59,331 $67,070 $74,809 $82,504 $90,200
Assistant Public Works Director T $62,388 $70,468 $78,548 $86,665 $94,780
Assistant Director of Parks &
Recreation T $62,388 $70,468 $78,548 $86,665 $94,780
Assistant City Engineer T $62,388 $70,468 $78,548 $86,665 $94,780
911 Communication Services
Manager T $62,388 $70,468 $78,548 $86,665 $94,780
Controller T $62,388 $70,468 $78,548 $86,665 $94,780
Deputy Fire Chief - Fire Prevention T $62,388 $70,468 $78,548 $86,665 $94,780
Exec Director PRA T $62,388 $70,468 $78,548 $86,665 $94,780
City Clerk / Customer Experience
Director U $65,440 $73,958 $82,476 $94,848 $104,333
Director of IT U $65,440 $73,958 $82,476 $94,848 $104,333
Director of Parks V $68,713 $77,656 $86,600 $99,590 $109,516
Director of Planning V $68,713 $77,656 $86,600 $99,590 $109,516
Human Resource Director V $68,713 $77,656 $86,600 $99,590 $109,516
No Position W $72,203 $81,566 $90,930 $104,569 $115,027
Fire Chief X $75,802 $85,639 $95,476 $109,797 $120,778
No Position Y $79,511 $89,881 $100,250 $115,289 $126,817
Assistant City Manager Z $83,546 $94,406 $105,264 $121,053 $133,158
Director of Finance Z $83,546 $94,406 $105,264 $121,053 $133,158
City Engineer & Public Works
Director Z $83,546 $94,406 $105,264 $121,053 $133,158
Police Chief Z $83,546 $94,406 $105,264 $121,053 $133,158
Public Works Director Z $83,546 $94,406 $105,264 $121,053 $133,158
City Manager AA $112,559 $127,174 $141,789 $163,057 $179,364
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Adopt the Updated FY 2020 Position & Pay Schedule - S SUAZO
Category: Municipal Order
Staff Work By: Stefanie Suazo
Presentation By: Stefanie Suazo
Background Information: This updated position and pay schedule includes the re-organization of the
Engineering, Public Works and Parks & Recreation Department. It is also a clean-up and audit reflecting the
correct, current number of vacant and filled positions.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: Adopt the Updated FY 2020 Position & Pay Schedule
Attachments:
1.Municipal Order
2.Position and Pay Schedule -February 3 2020 FINAL
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER AMENDING THE FY2019-2020 POSITION AND
PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH,
KENTUCKY
WHEREAS, the City of Paducah adopted the FY2019-2020 Position and Pay
Schedule by Municipal Order No. 2253 on June 25, 2019; and
WHEREAS, it is necessary to amend the schedule due to the re-organization
of the Engineering, Public Works and Parks & Recreation Department and to reflect the
correct, current number of vacant and filled positions; and
WHEREAS, in order to implement the changes, it is necessary to amend the
FY2019-2020 Position and Pay Schedule.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby approves to amend the
FY2019-2020 Position and Pay Schedule for the employees of the City of Paducah as
attached hereto.
SECTION 2. This Order will be in full force and effect from and after the
date of its adoption.
______________________________
Brandi Harless, Mayor
ATTEST:
___________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, February 25, 2020
Recorded by Lindsay Parish, City Clerk, February 25, 2020
mo/Position and Pay Schedule FY2019-2020 02-25-2020
excel/Position & Pay Schedule 02-25-2020
CITY OF PADUCAH FY 2019-2020
POSITION AND PAY SCHEDULE
February 11, 2020
Section A.
ADMINISTRATION AUTHORIZED POSITIONS FY 19/20
BUDGET VACANT
HOURLY
WAGE
ADJ.HOURS EXEMPT PAY
POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NON-EXEMPTGRADE
City Manager 1 1 70.97 40 E AA
Assistant City Manager 1 1 43.49 Z
Assistant to the City Manager 40 E P
Grants Administrator 1 1 20.30 40 E L
Business Systems Analyst 1 1 28.69 40 E P
Administrative Assistant III 1 1 18.34 40 NE D
Public Information Officer 1 1 31.90 40 E P
Total Budgeted/Filled for Department 6 6 0 0
Note: Moved Grants Administrator position from Finance to Administration
Section B.
CITY CLERK / CUSTOMER EXPERIENCE DEPT.AUTHORIZED POSITIONS FY 19/20
BUDGET FILLED VACANT
HOURLY
WAGE
ADJ.HOURS EXEMPT PAY
POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NON-EXEMPTGRADE
City Clerk / Customer Experience Director 1 1 36.06 40 E U
Executive Assistant II / Assistant City Clerk 1 1 22.42 40 NE I
Customer Experience Representatives 3 1 19.23 40 NE E
1 19.06 40 NE E
1 17.37 40 NE E
Total Budgeted/Filled for Department 5 5 0 0
Section C.
FINANCE DEPARTMENT AUTHORIZED POSITIONS FY 19/20
BUDGET FILLED VACANT
HOURLY
WAGE
ADJ.HOURS EXEMPT PAY
POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NON-EXEMPTGRADE
Administration
Director of Finance 1 1 66.94 40 E Z
Executive Assistant I 1 1 18.34 40 NE F
Grants Administrator -1 -1 25.48 40 E L
Accounting/Payroll
Controller 1 1 41.94 40 E T
Accounts Payable Clerk C
Accountant 3 1 25.00 40 E J
1 20.20 40 E J
1 18.93 40 E J
Revenue
Revenue Manager 1 1 35.10 40 E S
FILLED
Page 1 of 11
CITY OF PADUCAH FY 2019-2020
POSITION AND PAY SCHEDULE
February 11, 2020
Account Clerk 40 NE B
40 NE B
Revenue Tech II 1 1 18.00 40 NE D
Revenue Tech.3 1 1 15.68 40 NE C
1 15.00 40 NE C
Revenue Auditor 1 1 21.64 40 E J
Total Budgeted/Filled for Department 11 10 0 1
Note: The Revenue Tech III was removed and a Revenue Tech added.
Note: RCSS - Individuals Retain Civil Service Status
Section D.
INFORMATION TECHNOLOGY AUTHORIZED POSITIONS FY 19/20
BUDGET FILLED VACANT
HOURLY
WAGE
ADJ.HOURS EXEMPT PAY
POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NONEXEMPT GRADE
Director Information Technology 1 1 40.41 40 E U
Network Administrator 1 1 35.74 40 E P
Help Desk Technician 1 1 21.80 40 NE H
IT Specialist I 40 NE J
GIS Specialist 1 1 29.37 40 E P
GIS/Manager .40 E P
Total Budgeted/Filled for Department 4 4 0 0
Section E.
PLANNING DEPARTMENT AUTHORIZED POSITIONS FY 19/20
BUDGET FILLED VACANT
HOURLY
WAGE
ADJ.HOURS EXEMPT PAY
POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NONEXEMPT GRADE
Director of Planning 1 1 42.49 40 E V
Principal Planner 1 1 33.56 40 E P
Executive Assistant I 1 1 23.23 40 NE F
Business Development Specialist 1 1 24.04 40 E M
Admin Asst II 40 NE C
Senior Planner 1 1 40 E M
Associate Planner 1 1 25.85 40 E L
Neighborhood Planner 1 1 18.12 40 E H
Housing Coordinator 1 1 27.78 40 E N
Total Budgeted/Filled for Department 8 7 0 1
Section F.
POLICE DEPARTMENT AUTHORIZED POSITIONS FY 19/20
Page 2 of 11
CITY OF PADUCAH FY 2019-2020
POSITION AND PAY SCHEDULE
February 11, 2020
BUDGET FILLED VACANT
HOURLY
WAGE
ADJ.HOURS EXEMPT PAY
POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NON-EXEMPTGRADE
Police Chief 1 1 46.35 40 E Z
Police Assistant Chief 2 40 E S
Step 1 34.51
Step 2 1 38.78
Step 3 1 38.88
Step 4 43.10
Captains 6 2 40 E Q
<5 years 32.08
5 years 32.25
9 years 32.39
12 years 2 34.17
15 years 2 33.67
19 years 33.82
22 years
25 years
Sergeants 9 40 NE P
5 years 27.01
6 years 27.12
7 years 27.24
8 years 1 27.34
9 years 1 27.45
10 years 3 27.56
11 years 1 27.66
12 years 27.76
13 years 1 27.87
14 years 1 27.97
15 years 1 28.09
16 years 28.21
17 years 28.31
18 years 28.40
19 years 28.51
20 years 28.62
21 years 28.73
22 years 28.86
23 years 28.96
24 years 29.07
25 years 29.16
Police Officer 60 1 40 NE J
Police Officer - Recruit 10 21.79
1 year 7 22.98
2 years 5 23.09
3 years 3 24.18
Page 3 of 11
CITY OF PADUCAH FY 2019-2020
POSITION AND PAY SCHEDULE
February 11, 2020
4 years 3 24.25
5 years 8 25.03
6 years 4 25.09
7 years 1 25.14
8 years 3 25.44
9 years 25.56
10 years 25.66
11 years 3 25.79
12 years 3 25.89
13 years 1 26.01
14 years 1 26.11
15 years 2 26.22
16 years 3 26.34
17 years 1 26.45
18 years 3 26.56
19 years 26.67
20 years 26.79
21 years 26.88
22 years 27.01
23 years 27.11
24 years 27.23
25 years 27.34
Executive Assistant II 1 1 24.96 40 NE I
Administrative Assistant III 40 NE D
Administrative Assistant II 40 NE C
Crime Analyst 40 E K
Crime Analyst II 1 1 40 E P
Records Division Manager 1 1 20.25 40 E K
Records Clerk III 1 1 17.43 40 NE D
Records Clerk II 1 1 16.50 40 NE E
Records Clerk I 2 2 15.27 40 NE C
Evidence Technician II 1 1 16.78 40 NE F
Evidence Technician I 1 1 15.42 40 NE C
Total Budgeted/Filled for Department 88 86 0 5
911 Communications Services
911 Communications Services Manager 1 1 35.89 40 E T
Assistant 911 Communications Services Manager 1 1 40 E L
Terminal Agency Coordinator 1 1 23.37 36/48 NE F
911 System Administrator 1 1 23.56 40 E K
Shift Supervirsor 4 1 23.75 36/48 NE H
1 24.37
2 25.60
Telecommunicator 14 1 13.98 36/48 NE F
14.49 36/48 NE F
2 16.71 36/48 NE F
2 18.15 36/48 NE F
1 18.65 36/48 NE F
Page 4 of 11
CITY OF PADUCAH FY 2019-2020
POSITION AND PAY SCHEDULE
February 11, 2020
1 19.75 36/48 NE F
5 21.37 36/48 NE F
1 22.37 36/48 NE F
Adminstrative Assistant III 1 1 18.24 40 NE C
E911 Data Entry Clerk 0 0 1 40 NE C
* $1.00 per hr. shift differential when they work the evening and graveyard shift.
Note: Police Department Secretary/Public Information Officer is provided two hours minimum call-out pay.
**Note: Police Department adjustments will be made in accordance to Union Contract once the Captain's promotional process is completed.
**911
*Note: 36/48 referes to the 12 hour schedule that has people working an alternating three and four 12-hour shifts per week, or 2184 hours per year
New system administrator position added and data entry clerk moved into position.
Add Pays: 1) 1 TAC $1/hr 2)1 Radio Administrator $1/hr 3) 2 CTO's $0.50/hr
Total Budgeted/Filled for Department 23 21 0 2
Section G.
FIRE DEPARTMENT AUTHORIZED POSITIONS FY 19/20
BUDGET FILLED VACANT
HOURLY
WAGE
ADJ.HOURS EXEMPT PAY
POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NONEXEMPT GRADE
Administrative Division
Fire Chief 1 1 54.58 40 E X
Deputy Fire Chief - Fire Prevention 1 1 40.41 40 T
Deputy Fire Chief - Operations 1 1 38.76 40 E T
Office Manager 40 NE I
Executive Assistant I 0 0 21.79 NE F
Training Division
Battalion Chief/ Training Officer 1 1 31.93 E N
Fire Prevention Division
Battalion Chief/ Fire Marshal E N
Fire Marshal E N
Deputy Fire Marshal III 1 1 22.70 NE M
Deputy Fire Marshal II NE L
Deputy Fire Marshal I 1 1 18.93 NE J
Executive Assistant I 1 1 21.79 NE F
Code Enforcement Supervisor L
Code Enforcement Officer II NE J
Code Enforcement Officer I 3 2 22.05 40 NE G
1 20.52
Code Enforcement Assistant 40 NE C
Permit Technician 1 1 17.72 40 NE E
Permit Specialist 40 NE C
40 NE F
Page 5 of 11
CITY OF PADUCAH FY 2019-2020
POSITION AND PAY SCHEDULE
February 11, 2020
Chief Building Inspector 1 1 32.03 N
Deputy Building Inspectors:
Level I 1 1 24.66 40 NE J
Level II 40 NE L
Level III+Plans Review 40 NE M
Chief Electrical Inspector 1 1 30.58 40 NE M
Deputy Electrical Inspectors:
Inspector Level I 40 NE J
Inspector II+Plans Review 1 1 25.40 40 NE L
Suppression Division
Fire Assistant Chief 3 40 E P
Step 1 21.82
Step 2 22.59
Step 3 23.38
Step 4 2 24.20
Step 5 1 25.05
Step 6 25.93
Step 7 26.83
Step 8 27.78
Step 9 1 28.75
Captains 15 NE I
<10 years 2 18.81
10 years 3 18.93
15 years 2 19.03
20 years 4 19.22
Lieutenants 15 NE H
<10 years 7 17.19
10 years 2 17.40
15 years 1 17.52
20 years 3 17.69
Firefighter 27 1 NE E
Firefighter (Appointee)6 13.23
Firefighter (On Floor)6 13.23
6 months 14.27
1 year 3 14.58
2 years 14.77
3 years 4 14.97
5 years 15.27
10 years 15.39
15 years 15.49
Firefighter (Relief Driver)NE F
COLA + $0.39 + $0.10
2 years 15.42
3 years 15.63
Page 6 of 11
CITY OF PADUCAH FY 2019-2020
POSITION AND PAY SCHEDULE
February 11, 2020
4 years 3 15.68
5 years 4 15.91
10 years 16.03
15 years 5 16.14
Total Budgeted/Filled for Department 75 73 1 1
e: Executive Assistant I moved to Prevention from Administration
Note: Firefighter Relief Driver is not a new position. $0.10 is factored in the pay rate
Note: A person may hold the position of Code Enforcement Officer I for a period not to exceed one year without becoming a certified Property Maintenance Inspector.
Note: To be considered for the position of Code Enforcement Officer II must obtain Property Maintenance Inspector I, Level I Building Inspector and successful review.
becoming certified.
Note: Building Inspector levels are equivalent to steps. These levels are dictated by state certification, and successful performance review.
Note: Deputy Fire Marshal to have State certification within one year.
Note: To be considered for Deputy Fire Marshal II must obtain NFPA Fire Inspector I, and II, and successful review.
Note: To be considered for Deputy Fire Marshal III must obtain NFPA Fire protection plan review and successful performance review.
Note: As Inspection's Civil Service positions are eliminated through attrition they will be filled as Non-Civil Service positions.
Note: RCSS - Individuals Retain Civil Service Status
Section H.AUTHORIZED POSITIONS FY 19/20
ENGINEERING BUDGET FILLED VACANT
HOURLY
WAGE
ADJ.HOURS EXEMPT PAY
POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NONEXEMPT GRADE
City Engineer 1 1 59.92 40 E Z
Assistant City Engineer 1 1 40 E T
Storm Water & Drainage Engineer 37.61 40 E R
Engineer Project Manager 1 1 40 E L
Engineering Assistant III 40 E M
Engineering Assistant II L
Engineering Technician 1 1 22.73 40 E J
Engineering Tech III 1 1 34.85 40 E N
Executive Assistant II 1 1 18.89 40 NE F
Floodwall Division
EPW Floodwall Superintendent 1 1 30.10 40 E N
Floodwall Operator 4 40 NE F
80%15.82
85%16.81
90%17.80
95%18.79
100%1 3 19.78
Total Budgeted/Filled for Department 11 6 3 2
Note: positions are eliminated through attrition they will be filled as a Non-Civil Service positions.
Note: RCSS - Individuals Retain Civil Service Status
Note: As the Floodwall Operators' CS positions are eliminated through attrition they will be filled as Non-Civil Service positions.
Section I.AUTHORIZED POSITIONS FY 19/20
Note:* A person may hold the position of Deputy Building Inspector Level I for a period not to exceed two years without becoming
Note: A person may hold the position of Deputy Electrical Inspector Level I for a period not to exceed one year without
Page 7 of 11
CITY OF PADUCAH FY 2019-2020
POSITION AND PAY SCHEDULE
February 11, 2020
PUBLIC WORKS DEPT.BUDGET FILLED VACANT
HOURLY
WAGE
ADJ.HOURS EXEMPT PAY
POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NONEXEMPT GRADE
Public Works Director 1 1 46.35 40 E Z
Assistant Public Works Director 1 1 37.39 40 E T
Administrative Assistant III 1 1 16.65 40 NE D
Street Division
Street Superintendent 1 1 34.17 40 E N
Street Supervisor 3 2 22.89 40 E L
1 34.09 40 E N
40 E L
Equipment Operator 3 NE E
80%15.70
85%16.68
90%17.66
95%18.64
100%3 19.62
Concrete Finisher 2 NE E
80%15.70
85%16.68
90%17.65
95%18.64
100%2 19.62
Right-Of-Way Maintenance Person 13 5 2 NE C
80%14.83
85%15.76
90%16.69
95%1 6 17.61
100%7 5 18.54
Laborer 2 NE C
80%2 14.05
85%14.93
90%15.80
95%16.69
100%17.56
Maintenance Division
Fleet / Maintenance Superintendent 1 1 36.69 40 E O
Maintenance Supervisor 1 1 23.94 E L
Laborer 4 1 NE C
80%13.81
85%14.67
90%15.53
95%16.40
Page 8 of 11
CITY OF PADUCAH FY 2019-2020
POSITION AND PAY SCHEDULE
February 11, 2020
100%2 2 17.26
Traffic Technician 1 NE E
80%15.82
85%16.80
90%17.79
95%18.78
100%1 19.77
Journeyman Electrician 0 0 0 21.17 NE I
Master Electrician 1 1 NE L
Maintenance Technician 5 NE E
80%15.82
85%16.80
90%1 17.79
95%1 18.78
100%1 2 19.77
Fleet Maintenance Division
Fleet Supervisor 1 1 23.52 E L
Administrative Assistant III 1 1 17.64 40 NE D
Fleet Mechanic I NE G
Fleet Mechanic II 4 NE I
1 20.10
1 21.18
1 22.53
1 22.56
Solid Waste Division
Solid Waste Supervisor 2 1 23.53 E L
1 23.03
Compost Operations Supervisor 1 1 22.89 E L
Administrative Assistant III 1 1 18.19 40 NE D
Laborer 3 NE C
80%13.81
85%14.67
90%15.53
95%0 16.40
100%2 1 17.26
Truck Driver 13 3 2 NE C
80%14.72
85%15.64
90%16.56
95%0 17.48
100%10 1 18.40
Right-Of-Way Maintenance Person 2 1 NE C
80%14.83
85%15.76
Page 9 of 11
CITY OF PADUCAH FY 2019-2020
POSITION AND PAY SCHEDULE
February 11, 2020
90%16.69
95%17.61
100%1 18.54
Compost Equipment Operator 2 NE F
80%16.05
85%17.05
90%18.06
95%19.06
100%2 20.06
Total Budgeted/Filled for Department 70 45 7 4
Note: positions are eliminated through attrition they will be filled as a Non-Civil Service positions.
Note: RCSS - Individuals Retain Civil Service Status
Note: As the Floodwall Operators' CS positions are eliminated through attrition they will be filled as Non-Civil Service positions.
Note: AFSCME employees in the classificaton above shall be eligible to receive "Shift Differential" of $0.35/Hr.
Note: AFSCME employees in the above classification shall be eligible to receive $0.50/Hr as a "Work Leader".
Section J.
PARKS & RECREATION DEPARTMENT AUTHORIZED POSITIONS FY 19/20 HOURS EXEMPT PAY
BUDGET FILLED VACANT
HOURLY
WAGE
ADJ.WORK NON-EXEMPTGRADE
POSITION TOTAL NON-CS RCSS/CS RATE
Director of Parks & Recreation 1 1 53.70 40 E V
Assitant Director of Parks & Recreation 1 1 35.00 40 E T
Recreation Superintendent 0 0 29.50 40 E N
Parks & Recreation Superintendent 1 1 25.50 40 E N
Parks Maintenance Superintendent 0 0 29.82 E E N
Cemetery Sexton 1 1 21.84 E E F
Special Events Superintendent Coordinator 1 1 29.10 E E N
Recreation Specialist 3 1 16.98 40 E E
1 14.60 40 E E
1 14.00 40.00 E E
Assistant Recreation Specialist 0 0 40 NE C
Executive Assistant I 1 1 21.38 NE F
Administrative Assistant III 1 1 18.70 NE D
Administrative Assistant II 1 1 15.31 NE C
Maintenance Division
Supervisor 2 2 23.02 E L
L
Laborer 10 NE C
80%14.05
85%1 14.93
90%1 15.80
95%1 16.69
100%5 2 17.56
Maintenance Technician 1
Page 10 of 11
CITY OF PADUCAH FY 2019-2020
POSITION AND PAY SCHEDULE
February 11, 2020
80%16.10
85%17.09
90%18.10
95%19.11
100%1 20.12
Right-Of-Way Maintenance Person 2 NE C
80%14.83
85%15.76
90%16.69
95%17.61
100%1 1 18.54
Total Budgeted/Filled for Department 26 21 3 2
Note: As positions are eliminated through attrition they will be filled as Non-Civil Service positions.
Note: RCSS - Individuals Retain Civil Service Status
Note: AFSCME employees in the classificaton above shall be eligible to receive "Shift Differential" of $0.35/Hr.
Note: AFSCME employees in the above classification shall be eligible to receive $0.50/Hr as a "Work Leader".
Section K.
HUMAN RESOURCES AUTHORIZED POSITIONS FY 19/20
BUDGET VACANT
HOURLY
WAGE
ADJ.HOURS EXEMPT PAY
POSITIONS TOTAL NON-CS RCSS/CS RATE WORK NON-EXEMPTGRADE
Director of Human Resources 1 1 41.52 40 E V
Risk Manager 1 1 40 E O
H R Generalist 2 1 18.86 40 E G
1 18.29
Total Budgeted/Filled for Department 4 3 0 1
FILLED
p
Superintendent moved to Public works, and then Parks & Rec. Super created and Rec. Specialist
promoted.
Page 11 of 11
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Acceptance of the KYTC Transportation Alternative Program grant in the amount of $432,500
for the Greenway Trails Phase V Project - R MURPHY
Category: Municipal Order
Staff Work By: Melanie Townsend
Presentation By: Rick Murphy
Background Information: The City of Paducah applied for a 2014 Transportation Alternatives Program
(TAP) grant as approved by Municipal Order No. 1790 for the Greenway Trails Phase V project. The project
consists of roadway improvements and trail extension from Schultz Park to Jefferson Street. The project will
pick up where the Greenway Trails Phase IV project ended. With the completion of Greenway Trails Phase IV,
the Greenway Trails Phase V project is ready to begin.
The KYTC TAP grant in the amount of $432,500 requires a local match of $108,125.00 of which $100,790.00
was transferred from the Boyles Trust Fund by Ordinance No. 2018-1-8511. The total estimated project cost is
$540,625.00.
Does this Agenda Action Item align with a Strategic Plan Action Step? Yes
If yes, please list the Action Step Item Codes(s): E-4: Continue developing the riverfront from the
Carson Center to the Convention Center.
Funds Available:Account Name: Greenway Trails Phase 5
Account Number: PA0111
Staff Recommendation: Accept the KYTC TAP funding for the Greenway Trails Phase V in the amount of
$432,500 and authorize the Mayor to sign all grant documents related to same.
Attachments:
1.Municipal Order
2.MOA Greenway Trails Ph5
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF THE KYTC
TRANSPORTATION ALTERNATIVE PROGRAM GRANT IN THE AMOUNT OF $432,500
FOR THE GREENWAY TRAILS PHASE V PROJECT
WHEREAS, The City of Paducah applied for the 2014 KYTC TAP Grant by Municipal
Order No. 1790; and
WHEREAS, the Kentucky Transportation Cabinet is now ready to award funds for the
Greenway Trail Phase V.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY,
SECTION 1: The Mayor is hereby authorized to accept the KYTC TAP funding for the
Greenway Trails Phase V in the amount of $432,500 and to sign all grant documents related to
same. Phase V of the project consists of roadway improvements and trail extension from
Schultz Park to Jefferson Street. The project will pick up where Phase IV ended.
SECTION 2: The KYTC TAP grant in the amount of $432,500 requires a local match of
$108,125, of which $100,790 was transferred from the Boyles Trust Fund by Ordinance
No. 2018-1-8511. The remaining match in the amount of $7,335 will be charged to the
Greenway Trail Phase V Project Account PA0111.
SECTION 3: This Order shall be in full force and effect from and after the date of its
adoption.
_____________________________
MAYOR
ATTEST:
________________________________
LINDSAY PARISH, City Clerk
Adopted by the Board of Commissioners on February 25, 2020
Recorded by Lindsay Parish, City Clerk, February 25, 2020
mo\grants\KYTC Transportation Alternative Program – greenway trails Phase V
AGREEMENT BETWEEN
THE COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET
AND
CITY OF PADUCAH
GREENWAY TRAIL PH5 PROJECT
ITEM#: 01-03201/CONTRACT#: 20*1188
FEDERAL PROJ#: 4000-018/STATE PROJ#: 90866
FEDERAL AWARD AMOUNT: $432,500
AUTHORIZED TO DATE: $432,500
Page 1 of 21
This AGREEMENT is made and entered into by and between the Commonwealth of Kentucky,
Transportation Cabinet, hereinafter the "CABINET" and the City of Paducah, hereinafter the "RECIPIENT".
WITNESSETH:
WHEREAS, the Federal Highway Administration (FHWA), through the CABINET, has approved
$432,500 in federal funding for the Greenway Trail Ph5 hereinafter the “PROJECT”, known as Federal
Project Number 4000-018 and the applicable Catalog of Federal Domestic Assistance number is 20.205-
Highway Planning and Construction,
WHEREAS, the Federal-aid Highway Program is a State Administered Reimbursement Program
and the RECIPIENT shall carry out this PROJECT in accordance with applicable Federal and State laws
and regulations including all of Title 49 United States Code (USC), Title 23 United States Code (USC), 49
Code of Federal Regulations (CFR), 23 Code of Federal Regulations (CFR), and 2 CFR 200,
WHEREAS, the RECIPIENT must comply with applicable CABINET policies and procedures,
WHEREAS, Federal-aid projects are to serve a public purpose, the RECIPIENT is responsible for
maintaining any real property or facilities improved pursuant to the PROJECT on a non-profit basis,
WHEREAS, the RECIPIENT shall refer to the Federal-Aid Project Development Guide for Local
Public Agencies, hereinafter the “GUIDE”, and any future revisions for assistance in complying with this
AGREEMENT,
WHEREAS, the RECIPIENT shall outline, undertake, and complete the work as described in the
Scope of Work and Budget Summary (Attachment A) in accordance with the terms and conditions of this
AGREEMENT, and consistent with the FHWA Contract Administration Manual, the CABINET/FHWA
Stewardship Agreement, FHWA Form 1273 and all applicable State and Federal laws and regulations,
WHEREAS, the RECIPIENT shall demonstrate and shall maintain adequate staff, provide delivery
systems, and sufficient accounting control to complete the PROJECT in accordance with all Federal and
State laws and regulations addressed herein, and
WHEREAS, the RECIPIENT has agreed to provide a minimum of 20% matching funds and to
accept responsibility for all administration, staffing, maintenance and operation costs for the Project as
identified under this AGREEMENT;]
NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the
CABINET and the RECIPIENT hereby agree as follows:
Section 1. Scope of Work & Budget Summary. It is understood that the PROJECT will enhance
the transportation system as further described in the Scope of Work and Budget Summary (Attachment A,
attached hereto and made a part of this AGREEMENT). In the Scope of Work and Budget Summary, the
RECIPIENT is to include detailed expectations, individual activities, estimates, and a schedule with
milestones which the CABINET will use as checkpoints for the PROJECT. Further, the RECIPIENT is to
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define the roles, responsibilities, and authorities of the various entities and/or organizational units with
regard to the project development and project delivery processes specific to this PROJECT in the Scope
of Work and Budget Summary.
The RECIPIENT shall identify and provide a point of contact, including adequate contact
information, for who shall be responsible to manage this PROJECT on the RECIPIENT’s behalf, submit the
Scope of Work and Budget Summary to the CABINET, and be responsible for ensuring that the RECIPIENT
adheres to all terms and conditions of this AGREEMENT. The RECIPIENT shall have final design plans,
specifications, and a total estimate prepared by a Professional Engineer licensed to practice in the
Commonwealth of Kentucky and approved by the CABINET prior to any construction. The Project
Development Checklist (LPA-PDC) (Appendix 1 of the GUIDE) shall be submitted by the RECIPIENT and
certified by the CABINET prior to construction.
Section 2. Effective Date of Agreement and Term of Eligible Reimbursement. It is understood the
effective date of this AGREEMENT is the date the AGREEMENT is signed by the Secretary of the
CABINET. After execution of the AGREEMENT, the CABINET will return a copy of the AGREEMENT to
the RECIPIENT and issue a Notice to Proceed to begin work on a particular Phase of the PROJECT.
Expenditures made prior to the effective date of the AGREEMENT and before the Notice to Proceed for the
particular Phase covering the expenditure shall not be eligible for reimbursement. The Term of Eligible
Reimbursement under this AGREEMENT shall end 09/30/2023 unless that Term is extended or amended
by written agreement in accordance with the provisions of KRS 45A and 2 CFR Part 200 as to period of
performance. Any and all funding obligated for any Phase of this PROJECT defined by the original Scope
of Work and authorized changes shall be available to reimburse the RECIPIENT for eligible work activities
completed and costs incurred after the effective date of this AGREEMENT and the Notice to Proceed
covering that Phase of the PROJECT. If the PROJECT cannot be completed during the Term of Eligible
Reimbursement under this AGREEMENT, the RECIPIENT must provide justification why the PROJECT
end date should be extended and identify the new Term of Eligible Reimbursement being requested.
Section 3. Funding Out Provision. The CABINET may terminate this contract if funds are not
appropriated to the contracting agency or are not otherwise available for the purpose of making payments
without incurring any obligation for payment after the date of termination, regardless of the terms of the
contract. The CABINET shall provide the RECIPIENT thirty (30) calendar days written notice of termination
of the contract.
This AGREEMENT is contingent upon the continued availability of appropriated Federal funding.
If the funding appropriated for any Phase of the PROJECT becomes unavailable for any reason including
the Kentucky General Assembly’s failure to appropriate the funding, by operation of law or as the result of
a reduction in Federal funding, further reimbursement of PROJECT expenditures may be denied, the
PROJECT may be cancelled, the timeline extended or the scope amended by the CABINET either in whole
or in part without penalty. Denial of further reimbursement, PROJECT cancellation, extension or
amendment because of an interruption in the appropriated funding is not a default or breach of this
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AGREEMENT by the CABINET nor may such denial, cancellation, extension or amendment give rise to
any claim against the CABINET.
Section 4. Duration of Project. It is understood and agreed by the parties hereto that the Scope of
Work shall be completed within the period set forth herein under Section 2. In the event the RECIPIENT
fails to perform the Scope of Work within the time allotted, or at any time the RECIPIENT fails to maintain
adequate staff, project delivery systems, or sufficient accounting control, the CABINET reserves the right
to cancel further reimbursements related to the PROJECT under the AGREEMENT. In the event the
CABINET denies further reimbursement under this section, the RECIPIENT shall refund all reimbursements
made by the CABINET to the RECIPIENT under this AGREEMENT.
Section 5. Project Funding. It is expressly understood that Federal funding for this PROJECT is
being provided by the Federal Highway Administration (FHWA) through the CABINET, specifically through
the Catalog of Federal Domestic Assistance program number 20.205, Highway Planning and Construction.
The Federal share of the total cost of this AGREEMENT shall not exceed $432,500 (the amount indicated
on Attachment A unless otherwise approved in writing by the CABINET with the concurrence of FHWA. If
the RECIPIENT completes the PROJECT for less than this amount, the remaining funds may only be used
by the RECIPIENT upon written agreement of the CABINET and may only be used for eligible PROJECT
costs within the original PROJECT scope. Unless otherwise stated, the funding for the PROJECT shall be
authorized in Phases and no reimbursement shall be considered for expenditures made before a Notice to
Proceed for that Phase has been received. Reimbursement requests will be considered only for and up to
the funding amount and type of work described in the approved Scope of Work and Budget and authorized
by the Notice to Proceed for that Phase. The RECIPIENT has agreed to accept up to $432,500 in Federal
reimbursement funding available as authorized in Phases for eligible PROJECT costs. The RECIPIENT
shall be responsible for any ineligible costs, the required 20% local match funds ($108,125), and any costs
in excess of $432,500 necessary for completion of the approved Scope of Work and any authorized
changes to the PROJECT.
The RECIPIENT shall pay all PROJECT expenses and only upon meeting all terms and conditions
of this AGREEMENT will be eligible to receive Federal reimbursement funding. All charges to the
PROJECT shall be supported by properly executed invoices, contracts, vouchers, or monthly employment
data evidencing in proper detail the nature and propriety of the charge. The CABINET or FHWA may
require additional documentation at their discretion.
Section 6. Allowable Costs. Funding may be used for restoration, repair, construction and other
activities eligible under the Surface Transportation Program (STP) as defined within 23 USC 133(b).
Funding may also be used for passenger and freight rail transportation and port infrastructure projects
eligible for assistance under subsection 23 USC 601(a)(8). The PROJECT costs referred to in this
AGREEMENT shall be those costs included in the Scope of Work (Attachment A) and submitted to the
CABINET on the Reimbursement Request Form. The RECIPIENT shall follow 2 CFR 200.
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The RECIPIENT is responsible for adhering to all Federal and State laws and regulations listed in
this AGREEMENT and all documents referred to herein. The CABINET shall reimburse the RECIPIENT
upon request by the RECIPIENT providing proof of payment through appropriate documentation, which
includes but is not limited to the following: work progress completed to date, expenses, cancelled checks,
bank statements, verified affidavits, and employment reports. The RECIPIENT shall also certify the work
shown on the invoice has been performed in accordance with the terms of this AGREEMENT and approved
plans and specifications, the cost(s) shown are verified and are true and correct, and the request for
reimbursement in no way represents any degree of duplication of payments that have or will be received
from other funding sources. This formal letter must be signed by the designated project manager for the
RECIPIENT in responsible charge.
Reimbursement by the CABINET is also subject to the provisions of Sections 35 and 38 of this
Agreement hereof. The CABINET or FHWA reserves the right to require additional documentation.
Section 7. Reporting and Monitoring The RECIPIENT shall maintain and comply with all reporting
requirements outlined by the CABINET and FHWA.
This Federal-aid project is subject to the reporting requirements contained in the Federal Funding
Accountability and Transparency Act (Transparency Act) of 2006 Public Law No. 109-282 and/or 31 USC
6101 and its associated amendments. The Transparency Act requires entities receiving Federal awards
such as Federal contracts, sub-contracts, grants and sub-grants, to disclose certain information. This
Agreement is subject to 31 USC 6101, 2 CFR 170, and 2 CFR Subtitle A, Chapter I and Part 25. The
CABINET may require that the RECIPIENT provide a completed Federal Funding Accountability and
Transparency Act form prior to execution of this Agreement.
The making, recording and reporting of any purchases shall be undertaken in accordance with the
requirements of KRS 45A and applicable federal guidelines. All checks, invoices, contract records,
vouchers, orders, purchasing documents, and monthly employment data pertaining in whole or in part to
the PROJECT shall be clearly identified and readily accessible. The RECIPIENT shall permit the CABINET
and/or FHWA to conduct periodic site visits to ascertain compliance with Federal and State laws and
regulations. The RECIPIENT shall maintain financial records for three years after the latest of project
completion, the execution of the Project Closure Form by KYTC, Final Acceptance and final reimbursement.
Section 8. Environmental Requirements. With the advice and assistance of the CABINET, the
RECIPIENT shall ensure that all applicable environmental requirements are met including the preparation
of appropriate environmental documentation prepared pursuant to the National Environmental Policy Act
(NEPA) of 1969 addressing the social and environmental effects of the proposed PROJECT. Adequate
resources must be devoted to ensuring that all applicable environmental reviews under NEPA are
completed on an expeditious basis and that the shortest existing applicable process under NEPA shall be
utilized. Compliance with NEPA 42 USC 4321 et seq, Section 4(f) of 49 USC 303, Section 106 of the
National Historic Preservation Act 54 USC 300101 et seq, Sections 401 and 404 of the Clean Water Act,
Section 7 of the Endangered Species Act, and any other applicable environmental laws and regulations
must be received to permit funding authorization by the FHWA. Specifically, Phase I design activities will
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be allowed to proceed without a valid environmental document; however, the commencement of any Phase
II design, right-of-way acquisition, utility relocation, or construction activities shall not be permitted prior to
approval of the appropriate environmental document. Federal funds will be available for reimbursement of
construction costs upon successful completion of design activities.
Section 9. Land Acquisition. Should the PROJECT require the acquisition of any interest in real
property by the RECIPIENT; the RECIPIENT must comply with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (49CFR part 24), State Law and KYTC Division of Right of
Way & Utilities Right of Way Guidance Manual and Relocation Assistance Manual. In the event
condemnation occurs, the CABINET shall require prior written approval prior to the institution of any
condemnation proceedings by the RECIPIENT.
The RECIPIENT shall ensure that all real property acquisition, relocation assistance, and property
management are completed in a fair, equitable and approved manner consistent with all State and Federal
laws and regulations governing the acquisition of real property for public use using State or Federal highway
funding. (1) The RECIPIENT shall either adopt in writing the CABINET’s written Policies and Procedures
for Right of Way Acquisition and Relocation Assistance or present its own written Policies and Procedures
for approval by the CABINET’s Division of Right of Way and Utilities and, if applicable, the FHWA. (2) The
RECIPIENT shall conduct all appraisals and appraisal reviews using personnel meeting the CABINET's
minimum qualifications and listed on the CABINET’s pre-qualified appraiser and reviewer list. (3) The
RECIPIENT must use an acquisition consultant, prequalified by the CABINET, on all or any portion of the
PROJECT, unless given prior approval by the CABINET to acquire property utilizing the RECIPIENT’s
staff. The selection of the consultant shall be in accordance with the CABINET’s Division of Right of Way
Guidance Manual. (4) All appraisals must be reviewed and approved by the CABINET’s Central Office
review appraisers, failure to do so will result in the PROJECT being ineligible for reimbursement. (5) The
RECIPIENT shall provide property management in accordance with approved procedures and be
responsible for the abatement of any asbestos containing materials and removal of contaminated soils
pursuant to applicable State and Federal laws and regulations. (6) The RECIPIENT shall provide the
CABINET and, when applicable, FHWA, necessary assurance that all real property has been acquired and
all displaced individuals, businesses, non-profit organizations and farms have been offered relocation
assistance according to applicable State and Federal laws and regulations. (7) The RECIPIENT shall
provide the CABINET, and when applicable, FHWA, necessary documentation for review and approval at
various stages of the acquisition process, as described in the CABINET’s Right of Way Relocation
Assistance Guidance Manual.
The CABINET shall: (1) Review all appraisal reports to ensure proper appraisal practice and
procedures as well as compliance with State and Federal laws and regulations, and (2) Approve the final
value conclusion through the Director, Division of Right of Way and Utilities.
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The RECIPIENT shall provide to the CABINET the following information on each parcel of real
property to be acquired:
A title opinion for the Property,
An accurate legal description and plat delineating the shape and location of the Property to be
acquired, (In accordance to KYTC Division of Design Specifications)
The total area of the Property,
The Property interest to be acquired
Should the acquisition of real property result in the displacement of a tenant-occupant, such
displacement shall be subject to the requirements of the URA, as set out in implementing regulations 49
CFR Part 24. A displaced tenant shall be eligible for moving expenses and any other relocation expenses
for which they might qualify.
Section 10. Restrictive Easements. The RECIPIENT acknowledges that the CABINET will require
the placement of a restrictive easement approved by and in favor of the CABINET in the chain of title of
any real property acquired or improved pursuant to the PROJECT in favor of the CABINET. If the Owner
of any real property acquired or improved pursuant to the PROJECT is different from the RECIPIENT, then
the Owner shall sign and be made a party to this AGREEMENT and the Owner hereby acknowledges,
covenants and consents to the placement of a restrictive easement for perpetual maintenance of the
property acquired or improved pursuant to the PROJECT in the chain of title in favor of the CABINET prior
to final reimbursement by the CABINET.
Section 11. Reimbursable Utility Relocations. When conducting a utility relocation, KRS 177.035
and KRS 179.265 determine the necessity of payment on behalf of the utility company in question. When
law requires the reimbursement of the work, the cost of constructing the most economical type of facilities
that satisfactorily meet the service requirements of the former facilities is negotiated, and an agreement is
executed between the RECIPIENT and the utility company. Utility relocations shall be designed by the
utility company and shown on the PROJECT’s survey and general plan sheets. The impacted utility
company, with its regular construction or maintenance personnel, and/or with an approved contractor or
subcontractor, will furnish all engineering, administration, labor, and materials to make and complete all
necessary adjustments of its facilities to accommodate the PROJECT. The RECIPIENT shall inspect the
relocation and document the proper installation of the facilities. If it is determined that the utility relocation
work is best conducted within the PROJECT’s construction contract, the RECIPIENT or the authority
designated by the RECIPIENT will negotiate, execute the agreement, and inspect the relocation work. If a
conflict of interest arises between the RECIPIENT and a utility company, the CABINET shall intercede to
provide the utility coordination.
Section 12. Non-Reimbursable Utility Relocations. When KRS 179.265 indicates the work is not
reimbursable, the utility company shall design their relocation plan on the PROJECT’s survey and general
plan sheets. The RECIPIENT shall perform a review and approval of the relocation per agency policy and
procedure. The RECIPIENT shall inspect the relocation and document the proper installation of the
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facilities. If a conflict of interest arises between RECIPIENT and a utility company, the CABINET shall
intercede to provide the utility coordination.
Section 13. General Railroad Coordination. The RECIPIENT shall be charged with any railroad
coordination for the PROJECT, the execution of a contract with the impacted railroad and oversight of the
execution. All work related to the PROJECT shall be done in accordance with the CABINET’s Standards,
Specifications, Standard Drawings, and the Utilities and Rail Manual. Correspondence pertaining to
railroad coordination may impact both the project development and construction of the PROJECT.
Therefore any and all correspondence regarding railroad coordination activities must be provided to both
contracted parties. The CABINET’s representative in such matter is the Central Office Rails Coordinator.
The RECIPIENT shall provide the following with the bid package for the PROJECT: a railroad
coordination note defining any and all special project terms and conditions due to the involvement of the
railroad company and an estimate of the PROJECT expenses for railroad coordination.
Section 14. General Utility Coordination. The RECIPIENT shall be charged with the identification
of utility facilities in conflict with the PROJECT, the execution of a remedy for said conflict, and oversight of
the execution. The CABINET encourages dutiful consideration of utility avoidance via design
considerations. When avoidance is impossible, uneconomical or otherwise invalid, utility relocation is an
acceptable remedy for conflict. All work related to the PROJECT shall be done in accordance with the
CABINET’s Standards, Specifications, Standard Drawings, and the Utilities and Rail Guidance Manual.
Correspondence pertaining to utility coordination may affect both the project development and construction
of the PROJECT. Therefore any and all correspondence regarding utility coordination activities must be
provided to both contracted parties. The CABINET’s representative on these matters is the District Office
Utility Supervisor.
The RECIPIENT shall provide the following upon full execution of the utility relocation for the
PROJECT: 3 sets of as-built plans for each utility company that completes facility relocation on the project
prior to the construction letting, a utility and rail certification note defining the utilities and railroad identified
in the PROJECT scope, relocations that have been performed, incomplete relocations, and completion
schedules for the incomplete work. If no railroad is involved the note shall indicate as such.
Section 15. Permits and Licenses. The RECIPIENT is responsible for obtaining all permits and
licenses required to initiate, perform and complete all phases of the PROJECT in an appropriate and timely
manner. Per the CABINET/FHWA Stewardship Agreement, the PROJECT may require more involvement
from the FHWA.
Section 16. Design and Construction Standards. All Federal and State design and construction
criteria for the type of work shall be followed, including but not limited to 23 CFR 625, the CABINET’s
Highway Design Manual, the CABINET’s Standard Drawings, the CABINET’s Standard Specifications for
Road and Bridge Construction, the CABINET’s Drainage Manual, the CABINET’s Structural Design
Manual, the American Association of State Highway Transportation Officials’ (AASHTO) “Policy on
Geometric Design of Highways and Streets”, and the FHWA’s Manual on Uniform Traffic Control Devices
(MUTCD). All work performed shall be in accordance with the most recent edition of the CABINET’s
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Standard Specifications for Road and Bridge Construction, as revised, and as provided in Subsection
105.01 of said Specifications. All materials furnished shall be in accordance with Subsection 106 of said
Specifications to include all CABINET List of Approved Materials. These standards, specifications, and
criteria are incorporated in this AGREEMENT by this reference.
Section 17. Consultant Selection. The RECIPIENT shall be responsible for all PROJECT design
activities, which may be completed either by the RECIPIENT’s staff or a consultant. If the RECIPIENT
selects to perform the design work with internal staff, these costs will be eligible for an in-kind match if pre-
approved by the CABINET Administering Office. If the RECIPIENT selects to perform the work through a
consultant, the RECIPIENT, with the oversight and approval of the CABINET, shall be responsible for the
advertisement, selection, and contracting for consultant engineering and related services for the PROJECT
in compliance with the Federal requirements set forth in the Brooks Act USC 40 1101, Public Law 92-582,
the FHWA policy outlined in 23 CFR 172, CABINET policies and procedures, the CABINET procurement
policies, and the Kentucky Model Procurement Code as defined within KRS 45A.730-750. This requires
the use of a Qualifications Based Selection (QBS) process for the selection of all engineering and related
services. By complying with KRS 45A.730-750, the required Federal provisions of the Brooks Act will be
satisfied. All plans and specifications must be prepared by a professional engineer or architect licensed in
the Commonwealth of Kentucky and prequalified by the CABINET to practice the type of work to be done.
If no CABINET prequalification category exists, a consultant must receive approval by the CABINET prior
to working on the PROJECT. The RECIPIENT may choose to enter into a letter agreement with a
consultant that has a statewide contract with the CABINET instead of going through the procurement
process itself.
Section 18. Contractor Procurement. The RECIPIENT shall be responsible for all PROJECT
construction activities, which may be completed either by the RECIPIENT’s staff or by a contractor. If the
RECIPIENT intends to use contractor services, the RECIPIENT shall be responsible for the advertisement,
opening of bids, selection, and contracting for contractor services for the PROJECT, with the concurrence
of the CABINET, in accordance with the Federal contract provisions listed in FHWA Form 1273 which take
precedence over the Kentucky Model Procurement Code provisions KRS 45A.343 and KRS 45A.345-460,
as well as KRS 424, 23 CFR 635, 23 USC 112. Bid proposals must be accepted for a minimum of 21 days
from the date of the first advertisement for award. Contractors and subcontractors must be pre-qualified by
the CABINET for the type of work prior to being awarded a contract. If no CABINET prequalification
category exists, a contractor or subcontractor must receive the approval of the CABINET prior to working
on the PROJECT.
The RECIPIENT shall prepare an independent engineer’s estimate in accordance with 23 CFR
630, Subpart B to compare against the contractors’ bids for reasonableness. The RECIPIENT shall
thoroughly review all bids and obtain concurrence from the CABINET prior to the award or the rejection of
any contract of bids for work or materials to be used on this PROJECT. Factors that should be considered
and documented in reviewing submitted bids are: a comparison of the bids against the engineer’s estimate,
the number of bids submitted, the distribution or range of bids received, the geographic location of bidders,
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any potential savings from readvertising the PROJECT, a comparison of bids against other recent bids for
the same item or service, the urgency of the PROJECT, the number of times previously advertised or
contracted for, the current market conditions, a comparison of unit bids versus engineer’s estimate unit
bids, the funding available. Determining whether the bids received are adequate involves considering any
critical safety improvements, emergency repair or replacement of damaged facilities, the opening of
otherwise completed facilities to traffic, furthering a phased construction schedule, or any other factors
deemed important by the CABINET or FHWA. Specific Federal requirements defined within 23 CFR 635
require that the award be made to the lowest responsive bidder meeting the criteria of responsibility
established by the CABINET.
Section 19. Contract Administration and Inspection It is understood that the RECIPIENT shall be
responsible for all aspects of administration, testing, and inspections to ensure the materials and
construction meet CABINET specifications and Federal quality assurance specifications referenced in 23
CFR 637 and 23 CFR 635.105 (a) or (b). This includes providing daily on-site inspection of contractor work
activities and prompt processing all of the paperwork associated with the construction contract, including
any change orders. The RECIPIENT must receive prior written CABINET approval for all change orders,
but such approval shall not increase the funding obligated to the RECIPIENT under this AGREEMENT or
otherwise.
The RECIPIENT shall use the most recent edition of the CABINET’s Regional Highway and Bridge
Construction Inspection advertisement for construction inspectors, or must receive CABINET approval to
submit an Alternative Construction Inspection Plan. If the RECIPIENT does not have adequate staff to
perform this work, the RECIPIENT may hire a consultant or enter into an agreement with another
governmental agency to provide these services. The CABINET must review and approve the Construction
Engineering and Inspection agreement and the agreement with the service provider and a copy of both in
the PROJECT file as required by FHWA. If the RECIPIENT elects to hire a consultant, the RECIPIENT
must ensure that the consultant staff is competent in construction inspection and performs all work under
the direct supervision of a registered professional engineer or architect licensed in the Commonwealth of
Kentucky. The use of a consultant does not relieve the RECIPIENT of ultimate responsibility for the proper
administration and inspection of the construction. If a consultant is used to provide inspection services, the
RECIPIENT must also provide an appropriately certified and licensed RECIPIENT employee to be in
responsible charge of the PROJECT and oversee the inspections.
When an Alternative Construction Inspection Plan is submitted, the RECIPIENT must ensure
sufficient quantity and quality are delivered and that proper inspection documentation is maintained. The
Alternative Construction Inspection Plan must be performed under the supervision of a Professional
Engineer licensed in the State of Kentucky, include credentials and experience of inspectors, indicate
testing consistent with the CABINET’s Sampling Manual, detail the frequency, who will be responsible, and
what will be included in reports, and coordinate with the CABINET’s construction inspector.
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The CABINET and/or the FHWA may conduct an announced or unannounced field review of the
PROJECT at any time. This field review is intended to verify conformance with all laws, regulations, and
policies applicable to the Federal-aid Highway Program and provide assistance to the RECIPIENT where
necessary.
Section 20. Davis-Bacon and Related Acts. The 1931 Davis-Bacon Act (prevailing Federal wage)
requires the RECIPIENT of all Federal-aid construction projects to comply with contractor and subcontractor
payment rates and fringe benefits as determined by the Secretary of Labor for corresponding classes of
laborers and mechanics engaged on similar construction, alteration, and/or repair of public buildings or
public works, painting, or decorating projects in the locality. Specific wage rates shall be included in the
construction contract between the RECIPIENT and the contractor, which must also include a contract
provision that overrides the general applicability provisions in Form FHWA-1273, Sections IV and V.
Section 21. The Contract Work Hours and Safety Standards Act. During the construction of the
PROJECT, the RECIPIENT shall comply with the Contract Work Hours and Safety Standards Act which
contains weekly (after 40 hours) overtime pay requirements and applies to most Federal contracts which
may require or involve the employment of laborers and mechanics, including watchmen and guards.
Section 107 of the Act provides health and safety standards on covered construction work which are
administered by the Occupational Safety and Health Administration (OSHA). The RECIPIENT shall refer
to the Contract Work Hours and Safety Standards Act for the requirements under this provision.
Section 22. The Copeland "Anti-Kickback" Act. The RECIPIENT shall comply with the "Anti-
Kickback" section of the Copeland Act, which makes it punishable to induce any person working on a
Federally funded or assisted construction project to "give up any part of the compensation to which he is
entitled under his contract of employment." The RECIPIENT shall refer to the Copeland Act for the
requirements under this provision.
Section 23. Title VI - Civil Rights Act of 1964. The RECIPIENT shall comply with all requirements
imposed by Title VI of the Civil Rights Act of 1964 (78 Stat. 252), the Regulations of the United States
Department of Transportation issued thereunder (CFR Title 49, Subtitle A, Part 21), and the assurance by
the RECIPIENT pursuant thereto, including prohibition regarding discrimination.
Section 24. Equal Employment Opportunity (Equal Opportunity Act of 1972). In connection with
the execution of this AGREEMENT, the RECIPIENT shall take affirmative action and not discriminate
against any employee or applicant for employment to ensure that applicants are employed, and that
employees are fairly treated during their employment. Such actions shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection of training including apprenticeship.
The RECIPIENT shall incorporate the foregoing requirements of this paragraph in all subcontracts for
services covered by this AGREEMENT.
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Section 25. Non Discrimination (Executive Order 11246). Discrimination (because of race, religion,
color, national origin, sex, sexual orientation, gender identity) is prohibited. This section applies only to
contracts utilizing federal funds, in whole or in part. During the performance of this contract, the RECIPIENT
agrees as follows:
a. The RECIPIENT will not discriminate against any employee, applicant, contractor or
consultant for employment because of race, religion, color, national origin, sex, sexual
orientation, gender identity, or age. The RECIPIENT further agrees to comply with the
provisions of the Americans with Disabilities Act (ADA) 42 USC 12101 et seq, Public Law
101-336, and applicable federal regulations relating thereto prohibiting discrimination
against otherwise qualified disabled individuals under any program or activity. The
RECIPIENT agrees to provide, upon request, needed reasonable accommodations. The
RECIPIENT will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, religion, color,
national origin, sex, sexual orientation, gender identity, age or disability. Such action shall
include, but not be limited to the following; employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensations; and selection for training, including apprenticeship. The RECIPIENT
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this non-discrimination clause.
b. The RECIPIENT will, in all solicitations or advertisements for work placed by or on behalf
of the RECIPIENT; state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, national origin, sex, sexual orientation,
gender identity, age or disability.
c. The RECIPIENT will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice advising
the said labor union or workers' representative of the RECIPIENT's commitments under
this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment. The RECIPIENT will take such action with
respect to any contract, subcontract or purchase order as the CABINET or FHWA may
direct as a means of enforcing such provisions, including sanctions for noncompliance.
d. The RECIPIENT will comply with all provisions of Executive Order No. 11246 of September
24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of
Labor.
e. The RECIPIENT will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, as amended, and by the rules, regulations and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to the PROJECT books,
records and accounts by the CABINET or FHWA and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations and orders.
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f. In the event of the RECIPIENT's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules, regulations or orders, this Agreement may be
cancelled, terminated or suspended in whole or in part and the RECIPIENT may be
declared ineligible for further government contracts or federally-assisted construction
contracts in accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in or as otherwise provided by law.
g. The RECIPIENT will include the provisions of paragraphs (1) through (7) of section 202 of
Executive Order 11246 in every contract, subcontract or purchase order unless exempted
by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of
Executive Order No.11246 of September 24, 1965, as amended, so that such provisions
will be binding upon each contractor, subcontractor, consultant or vendor. The RECIPIENT
will take such action with respect to any contract, subcontract or purchase order as the
CABINET or FHWA may direct as a means of enforcing such provisions including sanctions
for noncompliance; provided, however, that in the event a RECIPIENT becomes involved
in, or is threatened with, litigation with a contractor, subcontractor or vendor as a result of
such direction by the CABINET or FHWA, the RECIPIENT may request the United States
to enter into such litigation to protect the interests of the United States.
Section 26. Disadvantaged Business Enterprise (DBE) Requirements. An applicant DBE firm must
be given consideration for participation in the PROJECT and a DBE goal shall be set by the CABINET for
work on the PROJECT. The CABINET shall review and approve the DBE goal based on CABINET
processes and procedures. Any participating DBE firm must be certified as a DBE firm and be prequalified
with the CABINET. The RECIPIENT agrees to comply with the DBE Requirements contained within 23
CFR 635 Subpart A, Section 1101(b) of Public Law 109-59 and 49 CFR Part 26 to ensure equal opportunity
to socially and economically disadvantaged small businesses.
Assurance. The contractor, subrecipient or subcontractor shall not discriminate in the performance
of this AGREEMENT. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the
award and administration of contracts assisted by the United States Department of Transportation. Failure
by the contractor to carry out these requirements is a material breach of this contract, which may result in
the termination of this contract or such other allowable remedy the CABINET deems appropriate. Each
contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor)
must include this provision.
DBE Prompt Payment Requirement. The contract between the RECIPIENT and the contractor
shall include a contract provision that requires the contractor to comply with 49 CFR 26.29 and pay its
subcontractors within then (10) working days from receipt of each payment RECIPIENT makes to the
contractor. The RECIPIENT shall prohibit the contractor from withholding retainage on any subcontract on
this PROJECT to ensure prompt and full payment from the contractor to the subcontractor within 30 days
after the subcontractor's work is satisfactorily completed.
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Section 27. Prohibited Interest. No member, officer, or employee of the CABINET or the
RECIPIENT during his tenure or for one (1) year thereafter shall have any financial interest, direct or
indirect, in this AGREEMENT or the proceeds thereof as identified in KRS 45A.340. The CABINET and
the RECIPIENT shall comply with the requirements of the Executive Branch Code of Ethics KRS Chapter
11A. No member, officer, or employee of the CABINET or RECIPIENT shall collude or lobby on behalf of
this PROJECT without penalty, including but not limited to suspension or debarment.
Section 28. Covenant Against Contingent Fees. The RECIPIENT warrants that no person, selling
agency or other organization has been employed or retained to solicit or secure this AGREEMENT upon
an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach
or violation of this warranty, the CABINET shall have the right to annul this AGREEMENT without liability
or, in its discretion, to deduct from the compensation, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
Section 29. Interest of Members of or Delegates to Congress. No funding has been or will be paid
to a member or delegate to the Congress of the United States in connection with the awarding of this
Federal contract. Nor shall any member of or delegate to the Congress of the United States receive any
benefit arising out of this Federal contract.
Section 30. Standards for the Treatment of Historic Properties. Projects including but not limited
to Historic preservation, impacting properties on or eligible for the Nation register of Historic Places shall
meet applicable Secretary of the Interior's Standards for the Treatment of Historic Properties, the Standards
and Guidelines for Archeology and Historic Preservation, and all other applicable federal or state historic
property requirements prior to the payment of any monies under this AGREEMENT.
Section 31. Maintenance as Public Facilities. The RECIPIENT agrees to maintain the facilities in
an acceptable condition and for a public purpose in accordance with the Maintenance Plan. In addition,
any applicable landscaping in any project shall be maintained in an acceptable condition to include mowing,
trimming, or other maintenance. In the event that the property is not maintained as a public facility, the
RECIPIENT shall reimburse the FHWA for all proceeds provided for in this PROJECT including any
applicable interest, unless such change in use is approved in writing by the CABINET and FHWA, if
applicable.
Section 32. Americans with Disabilities Act. 42 USC 1201 et seq. The RECIPIENT agrees to
comply with the provisions of the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the
Rehabilitation Act of 1973, P.L. 93-112, and other applicable Federal regulations relating hereto, issued by
the U.S. Department of Transportation. ADA prohibits discrimination against otherwise qualified individuals
under any program or activity receiving Federal financial assistance covered by this AGREEMENT and
imposes requirements that affect the design, construction, and maintenance of all transportation projects,
to provide access to all facilities.
Section 33. Applicable Laws. This AGREEMENT shall be in accordance with the laws of the United
States Department of Transportation, Federal Highway Administration, the United States of America, and
the Commonwealth of Kentucky.
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Section 34. Hold Harmless Clause. To the extent permitted by law, the RECIPIENT shall indemnify
and hold harmless the FHWA and the CABINET and all of its officers, agents, and employees from all suits,
actions, or claims of any character arising from any injuries, payments or damages received or claimed by
any person, persons, or property resulting from implementation of any phase of the PROJECT or occurring
on or near the PROJECT site.
Section 35. Contract Completion. The RECIPIENT is responsible for ensuring that all PROJECT
construction activities have been completed and is responsible for providing all of the necessary paperwork
as required by the construction contract. This involves conducting a pre-audit of all contract items and
associated paperwork. When complete, the RECIPIENT’s project engineer in responsible charge of the
PROJECT shall notify the CABINET the PROJECT is ready for final inspection. The RECIPIENT will
conduct, document and submit to the CABINET a field inspection to verify completion of the work in
substantial conformance with the AGREEMENT. The RECIPENT’s project manager shall certify the
PROJECT was constructed in accordance with the plans and specifications and that the contractor has
paid all suppliers and subcontractors in full.
In accordance with 2 CFR 200, the RECIPIENT shall maintain all PROJECT records for three (3)
years after final payment.
Section 36. Audit and Inspection. The RECIPIENT, contractor and any subcontractors shall permit
the CABINET, the Comptroller General of the United States and the Secretary of the United States
Department of Transportation, or their authorized representatives, to inspect and approve all phases of the
PROJECT and all relevant PROJECT data and records, including any audit(s) of the RECIPIENT pertaining
to the PROJECT.
The RECIPIENT hereby acknowledges its duty to the CABINET to determine whether it is subject
to the Single Audit Act of 1984, P.L. 98-502, and the Single Audit Act Amendments of 1996, P.L. 104-156.
The RECIPIENT shall follow 2 CFR 200. In Accordance with 2 CFR Subpart F, If the RECIPIENT has
expended more than $750,000 in Federal funding from all sources in the RECIPIENT’s fiscal year, the
RECIPIENT shall provide the CABINET copies of their 2 CFR 200 Subpart F audit reports within 9 months
of their fiscal year end.
The RECIPIENT hereby acknowledges it is responsible to inform any entity it intends to hire or use
as a contractor, as defined in KRS 45A.030(9), that the contracting agency, the Finance and Administration
Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized
representatives, shall have access to any of the contractor’s books, documents, papers, records, or other
evidence, which are directly pertinent to this AGREEMENT for the purpose of financial audit or program
review. Furthermore, any of the contractor’s books, documents, papers, records or other evidence provided
to the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, or the
Legislative Research Commission which are directly pertinent to the AGREEMENT shall be subject to
public disclosure regardless of the proprietary nature of the information, unless specific information is
identified and exempted and agreed to by the Secretary of the Finance and Administration Cabinet as
meeting the provisions of KRS 61.878(1)(c) prior to the execution of the AGREEMENT. The Secretary of
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the Finance and Administration Cabinet shall not restrict the public release of any information, which would
otherwise be subject to public release if a State government agency were providing the service.
Section 37. Campaign Finance. The RECIPIENT shall certify that the contractor swears under the
penalty of perjury, as provided by KRS 523.020, that neither he/she nor the entity which he/she represents
has knowingly violated any provisions of the campaign finance laws of the Commonwealth, and that the
award of a contract to him/her or the entity which he/she represents will not violate any provisions of the
campaign finance laws of the Commonwealth.
Section 38. Violations. Pursuant to KRS 45A.485, the RECIPIENT shall certify that all contractors
shall reveal to the CABINET any final determination of a violation within the previous five (5) year period
pursuant to KRS Chapter 139, 136, 141, 337, 338, 341 and 342. These statutes relate to the State sales
and use tax, corporate and utility tax, income tax, wages and hours laws, occupational safety and health
law, unemployment compensation law, and workers compensation insurance law, respectively.
The RECIPIENT shall certify that all contractors agree to be in continuous compliance with the
provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 for the duration of this AGREEMENT.
Failure to reveal a final determination of a violation of the referenced statutes or to comply with these
statutes for the duration of this AGREEMENT shall be grounds for the cancellation of the contract or
subcontract and disqualification of the contractor from eligibility for future State contracts for a period of two
(2) years.
Section 39. Personal Service Contracts and Memoranda of Agreement. If this AGREEMENT
comes under the purview of KRS 45A.690 - 45A.725, payments on personal service contracts and
memoranda of agreement shall not be authorized for services rendered after disapproval of the Government
Contract Review Committee unless the decision of the committee is overridden by the Secretary of Finance
and Administration Cabinet or agency head, if the agency has been granted delegation authority.
Section 40. Disputes. Any dispute concerning a question of fact in connection with the work, not
disposed of by agreement between the RECIPIENT and the CABINET, shall be referred to the Secretary
of the Transportation Cabinet of the Commonwealth of Kentucky, or his duly authorized representative,
whose decision shall be final. Regulations concerning any claims to be filed by a contractor are referenced
in 23 CFR 635.124.
Section 41. Agreement Change. Any proposed change to the Scope of Work or time extension to
this AGREEMENT shall comply with 23 CFR 635.120 and 635.121 and shall be evidenced in writing at the
mutual consent of the RECIPIENT and the CABINET.
Section 42. Termination. The CABINET may cancel all reimbursements under this AGREEMENT
at any time deemed to be in the best interest of the CABINET by giving thirty (30) calendar days written
notice of such cancellation to the RECIPIENT. If reimbursement under this AGREEMENT is canceled
under this section by reason other than violation of this AGREEMENT or any applicable law by the
RECIPIENT, its agents, employees and contractors, the CABINET shall reimburse the RECIPIENT
according to the terms hereof for all expenses incurred under this AGREEMENT to the date of such
cancellation of reimbursement. The RECIPIENT may seek to cancel its obligations under this
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AGREEMENT at any time deemed to be in the best interest of the RECIPIENT by giving thirty (30) calendar
days written notice of such request to the CABINET. If the CABINET agrees to allow the RECIPIENT to
cancel the PROJECT or cancel its obligations under this AGREEMENT, the RECIPIENT shall reimburse
the CABINET for all Federal funding reimbursements made under this AGREEMENT.
Section 43. Resolution. The RECIPIENT shall pass a resolution authorizing the Mayor to sign this
AGREEMENT on behalf of the RECIPIENT. An acceptable Resolution shall contain the Project name,
description, amount of funds being provided and an acknowledgement that the RECIPIENT agrees to ratify
and adopt all statements, representations, warranties, covenants, and agreements contained in the
AGREEMENT. Furthermore, by accepting the funds the RECIPIENT agrees to all terms and conditions
stated in the AGREEMENT. A copy of the resolution shall be attached to the AGREEMENT (Attachment
B) and returned to the CABINET prior to full execution of this PROJECT.
Section 44. Responsible Charge. The RECIPIENT shall designate a Person in Responsible
Charge of this PROJECT according to the terms outlined in Attachment C. The RECIPIENT will provide
the name and contact information for the Person in Responsible Charge prior to full execution of this
PROJECT. The Attachment C information must be current for the RECIPIENT to be in compliance with the
federal regulations and an eligible recipient of federal funds. Should a change occur, the RECIPIENT must
submit a revised Attachment C within 7 days. Failure to comply can result in cancellation of the PROJECT.
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IN TESTIMONY WHEREOF, the parties have hereto caused this AGREEMENT to be executed upon
signature by their proper officers and representatives.
COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET:
Approved as to form and legality:
___________________________________ ___________________________________
Attorney Jim Gray, Secretary
Date: ______________________________ Date: ______________________________
City of Paducah:
Approved as to form and legality:
___________________________________ ___________________________________
Attorney Mayor
Date: ______________________________ Date: ______________________________
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ATTACHMENT A
SCOPE OF WORK AND BUDGET SUMMARY
Recipient DUNS#: 082397217
Project FAIN#: 693JJ21930000RPF9KY4000018
Scope of Work:
Construct an extension from Ph1 of the trail along the Paducah Riverfront from Madison to Jefferson
All federally-funded projects are set up in phases (design, ROW, utilities, construction). No work can begin on any phase of a project until the CABINET provides a written notice
to proceed for that phase. Funding for this project will be programmed with FHWA as each phase is approved. Effective December 26, 2014, FHWA requires a project end date
for each federal project phase programmed. As each phase of the project is programmed with FHWA a supplemental agreement will be sent to the project sponsor to add the
funding and adjust the project end date. Any expenditure incurred by the project sponsor after the end date will not be eligible for reimbursement. If the project sponsor requires
an extension, they must notify the Administering Office thirty (30) days before the project end date.
Budget:
Phase of Work Federal Funds Match Total Estimate per
phase
Design (programmed w/
FHWA)$0 $0 $0
Construction (programmed
w/ FHWA)$432,500 $108,125 $540,625
Est Completed Project
Total $432,500 $108,125 $540,625
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ATTACHMENT B
ATTACH A RESOLUTION HERE
SAMPLE RESOLUTION
Whereas, the federal-aid highway program state administered funding was awarded the amount of
$432,500, and
Whereas this amount will be authorized in phases as federal requirements are met for the Greenway Trail
Ph5 Project, and
Whereas, City of Paducah does hereby authorize Mayor _______________________ to sign the above
mentioned Agreement, as well as any other necessary documents relating to the project.
The vote taken on said Resolution, the result being as follows:
Motion Carried - Yes No (Please circle one)
Signature _____________________________________________ Date _______________
Title _______________________________________________________________________
Witness ____________________________________________________________________
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ATTACHMENT C
PERSON IN RESPONSIBLE CHARGE
Upon federal-aid project delegation to the RECIPIENT by the CABINET, the undersigned hereby certifies
the following, to the best of his or her knowledge and belief, on behalf of the RECIPIENT:
1. Pursuant to 23 CFR 635.105(c) (4), the RECIPIENT acting as a subrecipient of federal transportation
funds must provide an employee of that agency, who is available full time, to be in responsible charge
of the PROJECT. The individual in responsible charge of the PROJECT is held accountable for
ensuring that all applicable Federal and State regulations are followed on the PROJECT. This person
will have the authority and resources to manage the PROJECT and will be the primary point of contact
with the CABINET. This person may be the project engineer provided that the project engineer is a full-
time employee of the RECIPIENT. If the project engineer is a consultant, the person in responsible
charge must be a full-time employee of the RECIPIENT.
2. The undersigned and the designated RECIPIENT’s person in responsible charge of this
PROJECT has read and understands the contract administration and inspection responsibilities
described in the CABINET’s Federal-Aid Highway Program Project Development Guide for Local
Public Agencies (LPA Guide).
3. The undersigned will carry out this PROJECT in accordance with the applicable Federal and
State laws and associated regulations identified in the LPA Guide.
4. The undersigned will enforce compliance with the above-mentioned laws, regulations, policies,
and guidelines by its consultants, contractors, and subcontractors.
5. The undersigned certifies the designated person in responsible charge will:
Have the ability to visit the PROJECT or attend meetings related to the PROJECT as needed.
Be responsible for ensuring that the PROJECT is delivered on time in accordance with established
milestones and the terms of the contract between the RECIPIENT and the CABINET.
6. In accordance with the requirements outlined above, RECIPIENT has selected the following
individual as the person in responsible charge for the PROJECT:
Name: Position with RECIPIENT:
E-mail:Phone:
Signature:
7. Should the RECIPIENT require a change to the Person in Responsible Charge, they will notify
the CABINET, designate a new Person in Responsible Charge, and resubmit the Attachment C
within 7 days of the change. The new Attachment C will be incorporated into this Agreement
upon approval by the CABINET.
______________________________________________________________
Mayor Date
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Project Name: Greenway Trail Ph5 Item#: 01-03201
Project Type: CMAQ SRTS NSB TE TAP
Vendor Name City of Paducah Vendor Invoice #90866-##
Vendor Address Address Date of Request (MM/DD/YY)
C/S/Z Billing Period of included invoices
Service From (MM/DD/YY)
This address must
match the address
on file with the
Finance Cabinet Service To (MM/DD/YY)
Contact Name Contract Number 20*1188
Contact Title Authorization Number 90866
Telephone #Federal Numbers 20.205, 4000-018
Budget Line Item
Contract
(Federal)
Amount
Contract
(Federal)
Amount
Paid To
Date
Current
Request
Contract
(Federal)
Amount
Remaining
0.00 0.00 0.00 0.00
Request Subtotal 0.00
20% Required Match 0.00
Total Paid by LPA 0.00
Vendor Certification
I hereby certify that the commodities or services specified have been furnished to the
Commonwealth of Kentucky; that the quality and the prices conform to the proposal and
purchase order or contract; that payment, in whole or in part, has not been received from
KYTC or any other source; that all materials for which we seek reimbursement adhere to
the federal Buy America provisions; that all materials testing related to this project follows
the KYTC materials testing specifications; and that all records relating to these
requirements have been included in the project file.
Signature
Print Name
Title
Date
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Application for the COPS Hiring Program (CHP) Grant in the amount of $375,000 - B LAIRD
Category: Municipal Order
Staff Work By: Anthony Copeland, Ty Wilson
Presentation By: Brian Laird
Background Information: The Office of Community Oriented Policing Services (COPS) is the component
of the U.S. Department of Justice responsible for advancing the practice of community policing by the nation's
state, local, territorial, and tribal law enforcement agencies through information and grant resources. The
COPS Hiring Program (CHP) is designed to increase the capacity of law enforcement agencies to implement
community policing strategies that strengthen partnerships for safer communities and enhance law
enforcement's capacity to prevent, solve, and control crime through funding for additional officers.
2020 CHP Awards will cover up to 75 percent of the approved entry-level salary and fringe benefits of each
newly hired or rehired full-time sworn career law enforcement officer, with a maximum federal match of
$125,000 per officer over the three-year (36-month) award period, with a minimum 25 percent local match
requirement. There is a retention policy of 12 months following the end of the award period.
The Paducah Police Department intends to use funding to hire three new officers that will also serve as School
Resource Officers (SRO), who will serve the city's public school system, working in collaboration with the
schools to provide a positive and visible law enforcement presence. The estimated cost for salary and fringe
benefits for three officers over a 3-year period is $797,604. The amount requested will be $375,000 with a
local match of $422,604. If the grant is approved, an MOU will executed with Paducah Public Schools to cover
the cost of the match. It is anticipated there will be no cost to the City for salary and fringe benefits.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: Authorize and direct the Mayor to execute all required grant application
documents.
Attachments:
1.Municipal Order
MUNICIPAL ORDER ___________
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS NECESSARY TO APPLY FOR A 2020 COPS HIRING PROGRAM (CHP)
GRANT THROUGH THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES
(COPS) IN THE AMOUNT OF $375,000 FOR THE HIRING OF THREE POLICE OFFICERS
WHO WILL ALSO SERVE AS SCHOOL RESOURCE OFFICERS (SRO)
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute all documents necessary
to apply for a 2020 COPS Hiring Program(CHP) Grant through the Office of Community
Oriented Policing Services (COPS) in the amount of $375,000. The Paducah Police Department
intends to use funding to hire three new officers that will also serve as School Resource Officers
(SRO). These officers will serve the city’s public-school system to provide a positive and visible
law enforcement presence. The estimated cost for salary and fringe benefits for the hiring of
three police officers over a three-year period is $797,604. The amount requested will be
$375,000 with a local match of $422,604. If the grant is approved, a Memorandum of
Understanding will be executed with Paducah Public Schools to cover the cost of the match. It is
anticipated there will be no cost to the City for salary and fringe benefits.
SECTION 2. This order will be in full force and effect from and after the date of
its adoption.
______________________________
Brandi Harless, Mayor
ATTEST:
______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, February 25, 2020
Recorded by Lindsay Parish, City Clerk, February 25, 2020
\mo\grants\police — 2020 Hiring Grant
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Application for the FY2019 Assistance to Firefighters Grant in the amount of $34,200- S KYLE
Category: Municipal Order
Staff Work By: Matt Tinsley, Ty Wilson
Presentation By: Steve Kyle
Background Information: The Paducah Fire Department proposes to submit a grant application to the
Department of Homeland Security, Federal Emergency Management Agency (FEMA). The primary goal of
the Assistance to Firefighter Grant Program (AFG) is to meet the firefighting and emergency response needs
of fire departments and emergency service organizations.
The request for funding in the FY2019 AFG Application will be for a hose, supply line, and nozzles. These
items are being requested to help the Fire Department comply with NFPA 1710 regarding the water flow
needed for a single family residential structure. The department is in the process of changing out their initial
attack lines and nozzles. Some of the supply lines are quite old and are in need of replacement.
The total project cost is estimated at $38,000. A 10% match of $3,800 is required, which will come from the
Fire Department's general fund.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: Authorize the Mayor to execute all required grant application documents.
Attachments:
1.Municipal Order
MUNICIPAL ORDER NO. _________
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
FY2019 ASSISTANCE TO FIREFIGHTERS MATCHING GRANT APPLICATION AND
ALL DOCUMENTS NECESSARY THROUGH THE DEPARTMENT OF HOMELAND
SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, IN THE AMOUNT OF
$34,200, TO BE USED FOR THE PADUCAH FIRE DEPARTMENT
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute a FY2019 Assistance to
Firefighters Matching Grant Application and all documents necessary through the Department of
Homeland Security, Federal Emergency Management Agency, in the amount of $34,200, to be
used for a hose, supply line and nozzles. The total project cost is estimated at $38,000. The
City’s cash match of 10%, $3,800, will come from the Fire Department’s general fund budget.
SECTION 2. This order shall be in full force and effect from and after the date of
its adoption.
____________________________________
Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, February 25, 2020
Recorded by Tammara S. Sanderson, City Clerk, February 25, 2020
\mo\grants\fire-FY2019 Asst to Firefighters
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Declaration and Sale of Surplus Property-831 Campbell Street - T TRACY
Category: Municipal Order
Staff Work By: Nancy Upchurch
Presentation By: Tammara Tracy
Background Information: This action would determine that the property located at 831 Campbell Street is
surplus property and authorize the transfer of the vacant lot to the best evaluated bid. Legal advertising and
posting on the property was done in accordance with City code. One bid was received. Case number
SOA2019-250.
Does this Agenda Action Item align with a Strategic Plan Action Step? Yes
If yes, please list the Action Step Item Codes(s): I-9 Downsize the City’s ownership in real estate
Funds Available:Account Name:
Account Number:
Staff Recommendation: Determine that the property is surplus, accept the bid of $1,000.00, and transfer the
property to Michael Petter subject to the planting of at least one shade tree and the provision of a perimeter
fence.
Attachments:
1.Municipal Order
2.831 Campbell Street Transfer Report
MUNICIPAL ORDER NO. ___________
A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED
AT 831 CAMPBELL STREET TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF
MICHAEL PETTER IN THE AMOUNT OF ONE THOUSAND ($1,000) DOLLARS FOR
PURCHASE OF SAID REAL PROPERTY AND AUTHORIZING THE MAYOR TO
EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME
WHEREAS, pursuant to Section 2-668 of the Code of Ordinances of the City of
Paducah, Kentucky, a written determination has been made that the City does not have any use at
this time or in the future for property located at 831 Campbell Street, which constitutes surplus
real estate; and
WHEREAS, the City advertised for bids on December 17, 2019, and one (1) bid
was received and opened on December 30, 2019; and
WHEREAS, the City desires to accept the bid of Michael Petter, who proposes
to plant at least one shade tree and install a perimeter fence. This lot will be used for parking and
storage of equipment associated with his existing business located adjacent to this lot.
NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The Board of Commissioners hereby declares the property
located at 831 Campbell Street to be surplus property as it relates to the operations of the City.
Further, the Board of Commissioners hereby accepts the bid of Michael Petter in the amount of
$1,000 for the purchase of real property located at 831 Campbell Street.
SECTION 2. The Mayor is hereby authorized to execute a deed and any
necessary documents relating to same to complete the sale of the real property approved in
Section 1 above.
SECTION 3. This Order shall be in full force and effect from and after the
date of its adoption.
______________________________
Brandi Harless, Mayor
ATTEST:
___________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, February 25, 2020
Recorded by Lindsay Parish, City Clerk, February 25, 2020
\mo\prop sale–831 Campbell Street
STAFF REPORT & DETERMINATION
DISPOSITION OF ASSETS
SOA 2019-250 2/11/2020
General Information
The disposition of surplus or excess property is governed by City Code Section 2 -668; the
sealed bid procedure is set out in City Code Section 2-645.
The disposition of any property requires a written determination that includes: a description
of the property; its intended use at the time of acquisition; the reason why it is in the best
interest of the city to dispose of the item; and the method of disposition to be used.
Property Description & Information
ADDRESS 831 Campbell Street
General Vicinity Map
CASE NO. SOA 2019-250
SIZE OF PROPERTY 42’ by 160’ approx.
IMPROVEMENTS None
ZONING B-3 General Business District
COMPREHENSIVE PLAN Urban Residential
FLOODPLAIN Protected by Levee
Acquisition of the Property
A fire destroyed the residence on the site in 2019 and the remains were subsequently
demolished in November 2019 at a cost of $4500.00. The lot was acquired by Deed Nov. 25,
2019. Since the lot is not in a programmed revitalization area, the City had no plans for
development at the time of acquisition.
Comprehensive Land Use Plan Zoning Map
STAFF REPORT & DETERMINATION - DISPOSITION OF ASSETS 2/2
Disposition of the Property
It is in the best interest of the City to transfer ownership of this property to a responsible
citizen placing the property back on the tax rolls and eliminating the maintenance and
liability costs.
Bid Information
In accordance with city and state regulations, a legal ad ran in the Paducah Sun on Dec. 17,
2019 requesting interested parties to submit a sealed bid on or before 4 PM on Dec. 30, 2019.
Notice was also posted on the property requesting sealed bids. Only one bid was submitted.
Staff Recommendation
The site is located just off Park Avenue adjacent to the Lowertown Neighborhood at a unique
juncture of 5 roads and a railroad. Mr. Petter has a successful business on the adjacent lot.
Approval of this transfer would provide space for future expansion of that business.
Therefore, it is recommended to determine that the property is surplus, accept the bid of
$1000.00, and transfer the property to Michael Petter subject to the planting of at least one
shade tree and the provision of a perimeter fence.
File: R:\Planning\20 Community Dev\Surplus Properties\2019 Special Burn-out Sale\831 Campbell
Street Transfer Report.docx
BID #1 Michael Petter Bid Amount: $1,000.00
Mr. Petter proposes to plant a small shade tree on the front of the property. He will
add a fence around the property. Completion within 12 months of closing. He will
utilize the lot for parking/storage of equipment associated with his existing business
located adjacent to this lot.
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Declaration and Sale of Surplus Property - 2706 Ohio Street - T TRACY
Category: Municipal Order
Staff Work By: Nancy Upchurch
Presentation By: Tammara Tracy
Background Information: This action would determine that the property located at 2706 Ohio Street is
surplus property and authorize the transfer of the vacant lot to the best evaluated bid. Legal advertising and
posting on the property was done in accordance with City code. One bid was received. Case number
SOA2019-251.
Does this Agenda Action Item align with a Strategic Plan Action Step? Yes
If yes, please list the Action Step Item Codes(s): I-9 Downsize the City’s ownership in real estate
Funds Available:Account Name:
Account Number:
Staff Recommendation: Determine that the property is surplus, accept the bid of $1200.00, and transfer the
property to Dr. Velma J. Dennis, subject to the following:
1. Planting of at least one over-story shade tree.
2. Restoration of the residence or if a new home is constructed, the final site plan and elevations would
subject to review and approval by the Director of Planning.
3. Inclusion of a clause in the deed stating that the property would revert back to the City of Paducah if the
project is not substantially completed within 2 years.
Attachments:
1.Municipal Order
2.2706 Ohio Street Transfer Report
MUNICIPAL ORDER NO. ___________
A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED
AT 2706 OHIO STREET TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF DR.
VELMA J. DENNIS IN THE AMOUNT OF ONE THOUSAND TWO HUNDRED ($1,200)
DOLLARS FOR PURCHASE OF SAID REAL PROPERTY AND AUTHORIZING THE
MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME
WHEREAS, pursuant to Section 2-668 of the Code of Ordinances of the City of
Paducah, Kentucky, a written determination has been made that the City does not have any use at
this time or in the future for property located at 2706 Ohio Street, which constitutes surplus real
estate; and
WHEREAS, the City advertised for bids on December 17, 2019, and one (1) bid
was received and opened on December 30, 2019; and
WHEREAS, the City desires to accept the bid of Dr. Velma J. Dennis who
proposes to refurbish the existing structure that will be maintained as a dwelling by a family
member who is retiring and relocating to Paducah.
NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The Board of Commissioners hereby declares the property
located at 2706 Ohio Street to be surplus property as it relates to the operations of the City.
Further, the Board of Commissioners hereby accepts the bid of Dr. Velma J. Dennis in the
amount of One Thousand Two Hundred ($1,200) Dollars for the purchase of real property located
at 2706 Ohio Street.
SECTION 2. The Mayor is hereby authorized to execute a deed and any
necessary documents relating to same to complete the sale of the real property approved in
Section 1 above.
SECTION 3. This Order shall be in full force and effect from and after the
date of its adoption.
______________________________
Brandi Harless, Mayor
ATTEST:
___________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, February 25, 2020
Recorded by Lindsay Parish, City Clerk, February 25, 2020
\mo\prop sale–2706 Ohio Street
STAFF REPORT & DETERMINATION
DISPOSITION OF ASSETS
SOA 2019-251 2/11/2020
General Information
The disposition of surplus or excess property is governed by City Code Section 2 -668; the
sealed bid procedure is set out in City Code Section 2-645.
The disposition of any property requires a written determination that includes: a description
of the property; its intended use at the time of acquisition; the reason why it is in the best
interest of the city to dispose of the item; and the method of disposition to be used.
Property Description & Information
ADDRESS 2706 Ohio Street
General Vicinity Map
CASE NO. SOA 2019-251
SIZE OF PROPERTY 50’ by 150’ approx.
IMPROVEMENTS Single Family Residence
ZONING R-2 Residential
COMPREHENSIVE PLAN Neighborhood Conservation
FLOODPLAIN Protected by Levee
Acquisition of the Property
Fire damaged the single-family residence that is on the lot. Due to the recent fire, the lot was
acquired by Commissioner’s Deed Nov. 12, 2019. The City had no plans for the property at
the time of acquisition.
Comprehensive Land Use Plan Zoning Map
STAFF REPORT & DETERMINATION - DISPOSITION OF ASSETS 2/3
R:\Planning\20 Community Dev\Surplus Properties\2019 Special Burn-out Sale\2706 Ohio Street Transfer Report.docx
Disposition of the Property
It is in the best interest of the City to transfer ownership of this property to a responsible
citizen placing the property back on the tax rolls and eliminating the maintenance and
liability costs.
Bid Information
In accordance with city & state regulations, a legal ad ran in the Paducah Sun on Dec. 17,
2019 requesting interested parties to submit a sealed bid on or before 4 PM on Dec. 30, 2019.
Notice was also posted on the property requesting sealed bids. Only one bid was submitted.
Staff Recommendation
Redevelopment is generally always preferred; local ownership is also preferred. In this case,
the bidder has three family members living in the same block. Her interest goes beyond
restoring the home. She has a vision of a viable neighborhood with neighbors who care
deeply about making Midtown Paducah a desired neighborhood to live and incre ase
property values. Her proposal is to restore the home’s original beauty and glory. She
proposes to invest up to $40,000 over the next two years.
BID #1 Dr. Velma J. Dennis Bid Amount: $1,200.00
Dr. Dennis proposes to refurbish the structure and it will be maintained by a family
member who will be retiring and relocation to Paducah.
STAFF REPORT & DETERMINATION - DISPOSITION OF ASSETS 3/3
R:\Planning\20 Community Dev\Surplus Properties\2019 Special Burn-out Sale\2706 Ohio Street Transfer Report.docx
Therefore, it is recommended to determine that the property is surplus, accept the bid of
$1200.00, and transfer the property to Dr. Velma J. Dennis, subject to the following:
1. Planting of at least one over-story shade tree.
2. Restoration of the residence or if a new home is constructed, the final site plan and
elevations would subject to review and approval by the Director of Planning.
3. Inclusion of a clause in the deed stating that the property would revert back to the
City of Paducah if the project is not substantially completed within 2 years.
_________
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Accept the 2020 Parks and Recreation Master Plan - M THOMPSON
Category: Municipal Order
Staff Work By: James Arndt, Michelle Smolen
Presentation By: Mark Thompson
Background Information:
Beginning in January 2019 consultants from Bacon Farmer and Workman, Peck+Flannery and
Brandstetter/Carroll guided the Parks and Recreation Department staff and Steering Committee through the
process of developing a parks and recreation master plan that will help guide the City for the next 10-15 years.
The plan will serve as a tool to aid in the decision making processes in the future. A hard copy of the report is
to be distributed to the Commission.
Does this Agenda Action Item align with a Strategic Plan Action Step? Yes
If yes, please list the Action Step Item Codes(s): N-1, R-1, R-3, R-4, R-5, R-6, R-10, R-11
Funds Available:Account Name: N/A
Account Number: N/A
Staff Recommendation: Approval of the 2020 Parks and Recreation Master Plan
Attachments:
1.Municipal Order
MUNICIPAL ORDER NO. ________
AN MUNICIPAL ORDER OF THE CITY OF PADUCAH,
KENTUCKY, APPROVING AND ADOPTING THE 2019
PADUCAH PARKS AND RECREATION MASTER PLAN
WHEREAS, the City of Paducah approved Municipal Order No. 2162 on October 9,
2018, to approve an agreement with Bacon, Farmer and Workman Engineering & Testing, Inc.
for the development of a Parks & Recreation Master Plan; and
WHEREAS, Bacon, Farmer and Workman Engineering & Testing, Inc., developed the
plan with the assistance of Peck Flannery Gream Warren, Inc. (PFGW) of Paducah in addition to
Brandstetter/Carroll of Lexington; and
WHEREAS, the Master Plan process included the creation of a citizen steering
committee and meetings with stakeholder groups, interactive public workshops, surveys, online
engagement tools, and public presentations; and
WHEREAS, the Parks and Recreation Master Plan will provide a vision to guide the
future growth, development, operations, and programs of the City’s parks and facilities,
recreation and event programs, open spaces, and trail system.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the Board of Commissioners of the City of Paducah, Kentucky
hereby approve and adopt the 2019 Parks and Recreation Master Plan.
SECTION 2. This order shall be in full force and effect from and after the date of
its adoption.
________________________________________
Brandi Harless, Mayor
ATTEST:
__________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners February 25, 2020
Recorded by Lindsay Parish, City Clerk February 25, 2020
\mo\2019 Parks and Recreation Master Plan Adoption
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Contract with Remotec, Inc. to purchase an Explosive Ordinance Disposal Robot for the Police
Department Bomb Squad for $442,064 - B LAIRD
Category: Municipal Order
Staff Work By: Ty Wilson
Presentation By: Brian Laird
Background Information: This project is funded by a grant through the Kentucky Office of Homeland
Security and the U.S. Department of Homeland Security. Municipal Order 2240 allowed the Police
Department to apply for this grant. The Police Department received the grant to purchase an Explosive
Ordinance Disposal (EOD) Robot to replace the current outdated robot. This grant was accepted by Municipal
Order 2301. Per procurement guidelines, the City of Paducah entered a competitive bid process for the EOD
Robot. The bid opening was held in the Commission Chamber in City Hall on February 4, 2020 at 2 p.m. One
bid was received. The bid from Remotec, Inc. met the qualifications lined out in the invitation for bid proposal.
The bid allowed for additional components to be added to the robot, so the Purchase Order was updated to
reflect the additions. The amount proposed of $442,064 was not larger than the amount of the grant awarded.
The contract lines out the agreement between the City of Paducah and Remotec, Inc. All attached documents
are a part of the contract documents.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: Authorize the Mayor to execute Contract documents.
Attachments:
1.Municipal Order
2.Contract with Remotec
3.Rometec Bid
4.Updated PO from Remotec
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER ACCEPTING THE BID OF REMOTEC, INC., FOR
THE PURCHASE OF AN EXPLOSIVE ORDINANCE DISPOSAL ROBOT IN AN AMOUNT
OF $442,064, FOR USE BY THE PADUCAH POLICE DEPARTMENT AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah accepts the bid of Remotec, Inc. for the
purchase of an explosive ordinance disposal robot in an amount of $442,064 for use by the
Paducah Police Department, said bid being in substantial compliance with bid specifications, and
as contained in the bid of Remotec, Inc., of February 4, 2020.
SECTION 2. The Mayor is hereby authorized to execute a contract with
Remotec, Inc., for the purchase of an explosive ordinance disposal robot, authorized in Section 1
above, according to the specifications, bid proposal and all contract documents heretofore
approved and incorporated in the bid.
SECTION 3. This purchase shall be funded by grant funding received through
the Kentucky Office of Homeland Security and the U.S. Department of Homeland Security. Said
grant funds were accepted by Municipal Order No. 2301 on November 26, 2019.
SECTION 4. This Order shall be in full force and effect from and after the date
of its adoption.
_____________________________
Brandi Harless, Mayor
ATTEST:
____________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, February 25, 2020
Recorded by Lindsay Parish, City Clerk, February 25, 2020
MO\agree - police EOD Robot contract Remotec
AGREEMENT TO PURCHASE AN
EXPLOSIVE ORDINANCE DISPOSAL (EOD) ROBOT
THIS AGREEMENT, made this day of , 2020 by and between the CITY OF
PADUCAH, hereinafter called the OWNER, and REMOTEC, INC. hereinafter called the VENDOR, for
the consideration hereinafter named, agree as follows:
ARTICLE 1. SCOPE OF WORK
The Vendor shall provide an EOD Robot to be used by the Police Department, Bomb Squad in
full compliance with the Bid Proposal Dated February 4, 2020 and with this Agreement, the
Specifications, Terms and Conditions, and any Addendum(s) issued.
ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
The Vendor hereby agrees to commence work under this Contract and to fully complete the
delivery of the EOD Robot within 240 consecutive calendar days thereafter from the date of this
Agreement.
ARTICLE 3. THE CONTRACT SUM
The Owner agrees to pay the Vendor the following, subject to additions and deductions provided
therein: Four hundred forty-two thousand sixty-four dollars ($442,064) as quoted in the
aforementioned Vendor’s Bid Proposal and as approved by the Board of Commissioners on
___________ by Municipal Order #____________.
ARTICLE 4. PAYMENTS
The Owner will make Payment in full upon satisfactory training in accordance with the Contract
Documents and the Specifications. The Payment shall constitute full compensation for the work and
services authorized herein.
ARTICLE 5. GOVERNING LAW
The Parties agree that this Agreement and any legal actions concerning its validity, interpretation
and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further
agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in
McCracken County, Kentucky.
ARTICLE 6. THE CONTRACT DOCUMENTS
The Specifications, terms and conditions, and any addendum that may have been issued are fully
a part of this Contract as if thereto attached or herein repeated.
IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first
above written.
VENDOR CITY OF PADUCAH, KENTUCKY
BY __________________________ BY ____________________________
TITLE ________________________ Brandi Harless, Mayor
ADDRESS: ADDRESS:
Post Office Box 2267
Paducah, Kentucky 42002-226
t%I0Ri11iOpPrintDate:2/12/2020GRUMMANREV:0QUOTEDomesticREMOTECReferenceNo.7708FROM:NorthropGrumman,Remotec,Inc.Date:2-9-2020353JDYarnellIndustrialParkwayClinton,TN37716Terms:Net30DaysAttn:BradCallahan865-269-1165Phone:(865)483-0228PricesareFOB.OriginFax:(865)483-1426Clinton,TNDelivery:240daysorlessTO:PaducahPoliceDepartmentAfterAcceptanceofOrderMatthewHopp(ForMulti-VehicleOrders1400BroadwayCheckWithSalesDept.)Paducah,KY42001904-465-6506mhopppaduchky.govThispricingvalidfor90days.ITEMDESCRIPTIONPARTNO.QTY.UNITPRICETOTALPRICEANDROSFXVehicleAssemblyIncludes:2470-01001$238,128$238,128-PositionFeedbackwithUserPresets-Cameras-SurveillancecolorcamerawithwhitelightandiRLED’sandPanITilt(Continouspan)-Gripperpalmcamera-Frontandreardrivecameras-Colorarmcamera-AccessoryInterfaceMount(includesadapterandjumpercable)-VehicleBatteryPack-ToolKitOneOperation/MaintenanceManual(CD-ROM)(IncludedinItem1)1VehicleBatteryChargerAssembly(IncludedinII)2470-0150-X21/2DaysOperator/Maintenance•frainingatREMOTEC(maximumclasssizeis6people)TRAINING-Gal(IncludedinItem1)SeeNote(2)121/2DaysOperator/MaintenanceTrainingatGetSeparateCustomerFacilitySeeNote(3)TRAINING-001QuoteCONTROLSYSTEMOPTIONS1.Requiresitem2pIusatleastonPowerOption(Item3or4)
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ContaminationSmearAssembly(Forswabsampling)-TOOLS25ReceiverGripAssy.(GripperBlock)B2461-58501$239$23926DualPanDisrupterMountAssembly2470-52201$1,136$1,13627PANDisrupterDlSRUPTER003**2$3,843$7,686.DISRUPTER-004-28PANDisrupterKitWithAluminumStandA**$6567$-29PANDisrupter,T3,TitaniumDISRUPTER005**$5,040$-30PANDisrupterElectricBreechBRCH-ELEC-KIT-PAN$4,108$-DualDisrupterMountAssembly(forRoyalArmsorNeutrex29mm/2Omm-PleaseSpecify),-32ShockTubeInitiator,TwoChannelINIT-2CH-FX$2,237$-33ShockTubeInitiator,FourChannelINIT-4CH-FX1$3,175$3,1753437mmand40mmBreacherMountAssemblyE7055-60901$3,604$3,60435Breacher,GL6,40mm,rifledbarrelBRGL640MM**1$$5735Breacher,GL65,40mm,rifledbarrel(longBR-GL65-cartridge)4OMM**$5,483$-37Breacher-L6-37mm,smoothboreBRL637MM**$4,516$-38Breacher-L8-37mm,smoothbore(longcartridge)BRL837MM**$4,654$-BR-SL65-39BR-SL65-37mm(SageorArwenAmmoonly)37MM**$3,201$-.BREACH-ELECT40ElectricBreachT3DisrupterT3$3534$-41StrikerMountAssemblyE7055-6095—$3,784$-42Striker12ShotgunSTRIKER12**$1,955$-43PicatinnyRailClawAssemblyD7045-2726$1,728$-44PicatinnyRailCableCutterAssemblyC7040-7030$473$-45CircularSawAssembly(Batteryincluded)7057-7070-1$2,014$-46ReciprocatingSawAssembly(Batteryincluded)7057-7080-1—$2,014$-47DrillAssembly(Batteryincluded)7057-7040-11$2,332$2,33241ChargeDropper2470-3830BATS3-REM-BLOCKACCESSORYTOOLSYSTEMANDROS$8,437$8,43743IdealMiniGanderMINIGANDER1$7,203$7,20344PowerHawkAssembly2470-75001$35,722$35,722IncludesthefollowingPowerHawkUnitPOWERHAWK003—PowerHawkKitCaseForPowerHawkCASE02445DrawbarPackage(DoesNOTincludereceiverhitc7181-7590182746WaterDiscrupterDeployerKitC2461-7585$2,067$-47ReceiverHitchKit2470-75801$279$279MAINTENANCE48SparePartsKit(perrobot)2470-0164II$26,500$-49SpareBatteryPackDrawerAssemblyI2470-16501I$2,085$2,085
50SecondYearExtendedWarrantyContractMAINTENANCE-006$7,579$-51ThirdYearExtendedWarrantyContractMAINTENANCE-006$7,579$-52FourthYearExtendedWarrantyContractMAINTENANcE-007$9,678$-53FifthYearExtendedWarrantyContractMAINTENANCE-007$9,678$-54SixthYearExtendedWarrantyContractMAINTENANCE-008$11,077$-FiveYearsofExtendedWarranty(Years2through6)MAINTENANCE-009$38,531$-Subtotal$442,064Subtotal(TotalFromMisc.Items)(Seeattachmentifgreaterthan0)$-PACKAGING&FREIGHT56CustomerPick-up57PackaginginReusableShippingCrateCRATE-006$1,590$-58ShipItemsFREIGHT$1,060$-Shipping&HandlingSubtotal$-Othercharges/discounts$-TOTALSalePrice$442,064**ThisitemrequiesthecustomertoobtaintherequiredATFIFCCLicensing,whichmayresultinproductandlordeliverydelays.RemotecisnotresponsibleforanydelaysincludingdeliveryasaresultofanyATForFCClicensingrequirement.(1)PriceslistedareforsalesinU.S.A.only.Exportpricesareavailableuponrequest.(2)Additionalpricingavailableuponrequestforoff-sitetrainingatcustomer’sfacility.(3)PleaseseeREMOTEC’stermsandconditionsfordetailsonour1yearlimitedwarranty.ExtendedServicecontractsareavailable.PleaseseetheExtendedServiceTabfordetailsofcoverage.(4)PricesarebaseduponacceptanceofREMOTEC’sTermsandConditions(attached).Anydeviationfromtheseconditionsmayresultinapriceincrease.(5)Remotecreservestherighttosubstitutethelatestproductionpartforitemspurchased.Thismaybeequalorsustantiallybetterthanthepartshownasordered.(6)TrainingincludedinRoboticunitpurchasesexpireifunusedoneyearfromdeliverydateoftheRobotic(7)Multiunitsaleswillearntrainingclassesbasedontheformulaofonefreeclassforeveryfiveunitspurchased(roundedup)NOTE:“Acceptanceofordermaybedelayedwhilenegotiatingtermsandconditions,acquiringcustomerorderdetails,acquiringradiofrequencies,andresolvinganyotherunforeseenissueswhichmayrequireresolutionpriortoschedulingtheproductionofitemsordered.Business-ManagementAprovIContratsArAS1!rthA
REMOTEC®DOMESTICSALESTERMSANDCONDITIONSA.DEFINITIONS“Seter”meansREMOTEC,Inc.“y”meanstheotherpartytothisagreementthatispurchasingthegoodssubjecttothesetermsandconditions.B.ACCEPTANCE/AGREEMENTAllordersaresubjecttofactoryacceptance.AdditionalordifferenttermsoranyattemptbytheBuyertovary,inanydegree,anyofthetermsofthissalesagreementformshallbedeemedmaterialandareobjectedtoorrejected,butthissalesagreementformshallnotoperateasarejectionoftheBuyer’sofferunlessitcontainsvariancesinthetermsofthedescription,quantity,priceordeliveryscheduleofthegoods.C.LIMITEDWARRANTYSellercovenantsandagreesthattheworkandequipmentdeliveredunderthisordershallbefreefromdefectsinmaterialandworkmanshipatthetimeofdelivery.WheneverSellerisactingasareselleroftheproductsofanothermanufacturer,Sellerprovidesthiswarrantysolelyasapass-through’warrantyonbehalfoftheoriginalequipmentmanufacturer(OEM).Sellerwill,atitssoleoptions,repair,correct,orreplace(orfacilitatesuchrepair,correctionorreplacementbytheOEM),FOB.pointofmanufacture,anysuchworkorequipmentwhichprovestobedefective,providedthatSellerisgivenwrittennoticeofanysuchdefectnolaterthanone(1)yearafterdelivery(ashereafterdefined)bySeller.Sellerwillconductthedefectinvestigationoftheworkand/orequipmentattheinstallationsiteandrepair,correctorreplacethedefectiveitematsuchsiteoratitsdesignatedfacility.RepaircorrectionorreplacementinthemannerprovidedaboveshallconstitutecompletefulfillmentofallSeller’sobligationsunderthisassurance.Suchassuranceshallnotapplytodesignortoanyequipmentorpartswhichhavebeensubjectedtoaccident,misuseorunauthorizedalteration,tonormalwear(whichincludescomponentswithinnatelylimitedlife),ortodefectscausedbynotcomplyingwithSeller’sinstallationandservicerequirements(ifthefailedequipmentorpartswerenotinstalledbySeller).ThisassuranceshallapplytoandincludethecorrectionofTechnicalDatapertinenttodefectiveworkandequipmenttotheextentdelineatedhereinabove,butinnoeventtoincludecomputersoftware.Iftherepair,correctionorreplacementofwork,orequipmentisnotwithinthescopeofthisclause,thenSellershallrequireaseparatepurchaseorderfromtheBuyerperformthework.ThewarrantyprovidedbySellerhereinisexclusivelylimitedtotheproductsmanufacturedbySeller,specificallytheREMOTEC®ANDROSRobot.Warranties,ifany,associatedwithallotherproductsareexclusivelyandexpresslylimitedtothosewarrantiesprovidedbythemanufacturersofsuchproductswhicharebytheirtermsavailabletoSeller’scustomers.Theinstallationoruseofanythirdpartyaccessory,assembly,radioandortoolnottestedandapprovedbySeller’sforuseonSellerproductswillcausethewarrantyontheSeller’sproductstobevoided.THEFOREGOINGCOVENANTSAREEXCLUSIVEANDAREINLIEUOFANYWARRANTYOFMERCHANTABILITY,FITNESSFORPURPOSE,OROTHERWARRANTYOFQUALITY,WHETHEREXPRESS,STATUTORYORIMPLIED.INNOEVENTSHALLSELLERBELIABLEFORSPECIAL,INDIRECT,INCIDENTAL,ORCONSEQUENTIALDAMAGES.D.CANCELLATION/TERMINATIONTheBuyermayterminatethisorderinwholeorinpartforitsconvenienceuponwrittennoticetoSellerinwhicheventSellershallbeentitledtoterminationchargesconsistingofapercentageoftheorderpricereflectingthepercentageoftheworkperformedpriortoterminationplusactualdirectcostsresultingfromtermination.E.PROPRIETARYINFORMATIONAlldrawings,diagrams,specifications,andothermaterialsfurnishedbySellerandidentifiedasproprietary,relatingtotheuseandserviceofarticlesfumishedhereunderandtheinformationtherein,areproprietarytoSeller(orincaseswhereSellerisactingasareseller,suchinformationisproprietarytotheOEM).BuyermaynotreproduceordistributesuchmaterialsexcepttoBuyer’semployeeswhomayusethearticlesaspartoftheirduties.Sellerwilltreatdrawings,specifications,ordatafurnishedbyBuyerinconnectionwiththisorderasproprietary,whenidentifiedassuch,inconnectionwiththispurchase.F.DELIVERY/ACCEPTANCEThepromiseddeliverydateisthebestestimatepossiblebaseduponcurrentandanticipatedmanufacturingcapabilitiesofwhentheproductwillbeshipped.Sellerassumesnoliabilityforloss,damage,orconsequentialdamagesduetodelay.G.CLAIMS/NOTICEOFDEFECTSFailureoftheBuyertoobjectinwritingtoanymerchandisewithin30daysafterreceiptthereofwillconstitutecompleteacceptancebyBuyerofsuchmerchandise.RejectedmaterialmustbereturnedtoSeller,F.O.B.Origin,within45daysafterreceiptandwithpriorauthorizationfromSeller.Sellermay(atitsoption)reconditionorreplacetherejectedmaterialtomeetBuyer’sspecificationswithinareasonabletimeperiodafterreceipt.Claimsforshippingdamagemustbemadewiththecarrier.H.FORCEMAJEUREFulfillmentofthisorderiscontingentupontheavailabilityofmaterials.Sellershallnotbeliableforanydelayindeliveryorfornon-deliveryinwholeorinpartcausedbytheoccurrenceofanycontingencybeyondthecontrolofeitherSellerorsupplierstoSellerincludingbutnotlimitedtowar,sabotage,actsofcivildisobedience,failureordelayintransportation,actofanyGovernmentoragencyorsubdivisionthereof,judicialaction,labordispute,fire,accident,explosion,epidemic,quarantine,restrictions,storm,flood,earthquake,actsofGod,shortageoflabor,fuel,rawmaterialormachinery,ortechnicalfailurewhereSellerhasexercisedordinarycareinthepreventionthereof.I.PAYMENTTERMSDomestic:Seller’spaymenttermsareNet30daysbasedoncreditapproval.Sellermay,atanytime,suspendperformanceofanyorderorrequirepaymentincash,security,orotheradequateassurancesatisfactorytoSellerwhen,inSeller’sopinion,suchactionwarrants.SellerreservestherighttoassesslatechargesonUSaccountsduepast30daysattherateof18%perannum.AllgoodsdeliveredbySellershallremainthepropertyofSelleruntiltheBuyerhaspaidinfullforthesegoods.Oncertainvehicleorders,ifmutuallyagreedbetweenSellerandBuyer,Sellermayholdcompletedvehicle(s)orotherproductsinitsfacilitypendingtraining,IfSellerholdscompletedvehicle(s)orotherproductstofacilitateusertraining,thevehicle(s)/productswillbedeemedtohavebeenshippedinREV0806/26/2018p.1of2
REMOTEC®DOMESTICSALESTERMSANDCONDITIONSplace,andSellerwillissueaninvoicetoBuyerforsaidvehicle(s)/products.IfatBuyer’srequestortomeetBuyer’srequirements,trainingisscheduledtooccurmorethan30daysaftervehicle/productcompletion,Sellermay,atitsdiscretion,chargeBuyerastoragefeeof$50.00permonthpervehicle,or$50.00permonthperotherenditem,andassesslatechargesinaccordancewithDomestictermsasstipulatedherein.International:AllpaymentstoSellerarerequiredtobefullypaidinadvanceatthetimeofcontractacceptancebySeller,orsecuredbyaConfirmedLetterofCreditforthefullamountofthecontractnegotiableatSellerBank’scounter.IfaLetterofCreditisused,paymenttermsare6O%ofcontractvaluedueuponcontractacceptancebySeller,andtheremaining40%duewithin30daysofsuccessfulinspectionofcompletedproductatSeller’slocationforallinternationalorderswithavaluegreaterthan$1,000US.AlldrawsagainsttheLetterofCreditbySellershallbemadeuponwrittencertificationbySellerthatthecontracthasbeenaccepted,orthattheproducthasbeensuccessfullyinspectedandisreadyforshipment,andnootherconditionsonthedrawshallberequired.Latechargeswillbeassessedoninternationalaccountsduepast30daysattherateof20%perannum.J.REMEDIESINTHEEVENTOFCANCELLATIONORDEFAULTIntheeventtheBuyercancelsthisorder,orbecomesoverdueonitsaccountpayabletoSellerbyfailingtopayforthisorderwhendueinaccordancewiththetermshereof,inadditiontothechargesassessedtotheBuyerpursuanttoParagraphsDandIofthisAgreement,theBuyershallberequiredtopayallcostsofcollection,including,whethersuitbebroughtornot,attorneyfees,courtcosts,collectionexpenses,andotherexpenseswhichSellermayincurorpayintheprosecutionofdefenseofitsrightshereunder,whetherinjudicialproceedingsatlaworinequity,includingbankruptcycourtandappellateproceedings,orwhetheroutofcourt.K.GENERALPROVISIONSAnycauseofactionarisingfromthisagreement,orbreachofit,mustbecommencedafterthecauseofactionoccurswithinthestatuteoflimitationsperiodallowedunderapplicablelaw.Sellerreservestherighttocorrectanystenographicalorclericalerrorsinanyofthewritingsissuedbyit.ThetermsandconditionsofsaleandanydescriptiononthefaceofSeller’swritingsconstituteacompleteandexclusivestatementofthetermsandconditionsofthesaleofthegoodsbySellertoBuyer.Buyermaynotassignanyrightsto,ordelegateanyperformanceowedundertheagreementwithoutthewrittenconsentofSeller,whichshallnotbeunreasonablewithheld.L.LIMITATIONOFLIABILITYNotwithstandinganycontraryprovisioncontainedinthisoranyotheragreement,SellershallnotberesponsibletoBuyerincontractortort(includingnegligence)orotherwiseforanyindirect,incidental,specialorconsequentialdamagesofwhatsoevernature,orforattorney’sfees,lossofuse,lossofmarketshare,orlostprofitshoweverthesearecharacterized.SellershallnotbeliabletoBuyerforanamountwhichincombinationwithallclaimsbyBuyeragainstSellerunderthisagreementexceedsthevalueofthissalesagreement.Inanyevent,theliabilityofSellertoBuyer,whetherincontract,tort(includingnegligence)orunderanywarranty,orotherwise,isexclusivelylimitedtotheremediesexpresslyprovidedunderthetermsofthisagreement,inlieuofanyandallotherremediesatlaworinequity.M.COMPLIANCEWITHLAWBuyeragreestocomplywithallapplicableU.S.Government,state,andlocalstatutes,laws,andregulations,includingwithoutlimitationtheArmsExportControlAct,ForeignCorruptPracticesAct,FederalAviationAdministration(FM)regulationsontheuseandoperationofUnmannedAircraftSystems(UAS5),andallapplicableexportregulations,andherebyagreestoindemnifyandholdharmlessSellerfromanyandallliability,loss,ordamagecausedbyBuyers’violationofanysuchstatutes,laws,orregulations.N.INDEPENDENTCONTRACTORUndertheprovisionsofthisAgreement,thepartiesshallactsolelyasindependentcontractors,andnothingcontainedherein,expressorimplies,shallatanytimebeconstruedtocreateanyotherrelationship.0.APPLICABLELAWThisAgreementshallbegovernedby,andconstruedinaccordancewith,thelawsoftheStateofTennessee,exceptwithregardtoitsrulesconcerningchoiceoflaw.P.SHIPPINGPOINTAllgoodsareshippedFOBClinton,Tennessee37716,UnitedStatesofAmerica.Q.PRODUCTOPERATIONBuyershallbesolelyresponsiblefortheproperuseofallproducts,shallcomplywithallapplicablelawsandregulationsinitsoperationsperParagraphMabove,shallstrictlyadheretotheinstructionsinallapplicableoperationandmaintenancemanuals,andshallproperlytrainitsoperatorsinthesafeuseofallproducts.R.INSURANCEANDINDEMNIFICATIONFORUSEExceptintheeventthatBuyerisaself-insuredgovernmentorganization,BuyershallmaintainappropriateinsuranceCoverage(generaliabilityand/oraviation,asapplicable)withaliabilitylimitationofnotlessthan$5millioncoveringBuyer’soperationofSeller’sproducts,TheBuyer’sinsurancecoverage(s)shallbeonaprimaryandnon-contributorybasis.BuyerherebyindemnifiesSellerfromallclaims,includingthirdpartyclaims,whichariseasaresultoftheBuyer’suseormisuseoftheproducts.Thisclauseshallsurvivetheexpirationorterminationofthisagreement.S.EXPORTTheBuyershallnotre-exportortransferanyexport-controlledgoodsorinformation(e.g.technicaldata)fromtheUnitedStates(“U.S.”)toanynon-U.S.person,country,government,orentitywithoutfirstcomplyingwithalltherequirementsoftheITARorEAR,asapplicable.AnyPartyrequestingU.S.Governmentauthorizationtoexportexport-controlledinformationprovidedbytheotherPartyunderthisagreementmustfirstobtainthedisclosingParty’swrittenconsent.WrittenconsentbythedisclosingParty,however,shallnotrelievetheotherPartyofitsobligationstocomplywithU.S.exportcontrollawsandregulations.p.2of2REV0806/26/2018
RESOLUTION
A RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY, IN SUPPORT OF
POSTPONING THE REQUEST FOR BIDS FOR THE CONSTRUCTION OF A MUNICIPAL
SPORTS AND RECREATIONAL FACILITY TO MARCH OF 2021
WHEREAS, the Board of Commissioners of the City of Paducah, Kentucky,
desires to ensure that a request for bids for the construction of a Municipal Sports and Recreational
Facility is postponed until after March of 2021.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah supports postponing the request for bids for
the construction of a Municipal Sports and Recreational Facility to March of 2021.
SECTION 2. This Resolution shall be in full force and effect from and after its
adoption.
____________________________________
Brandi Harless, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, __________________________
Recorded by Lindsay Parish, _________________________
\resoln\Postpone Bid for Sports Facility
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Approve Franchise Agreement Between City of Paducah and Comcast of the South - P
SPENCER
Category: Ordinance
Staff Work By: Pam Spencer, James Arndt
Presentation By: Pam Spencer
Background Information: This ordinance is for the renewal of the Cable Television Franchise Agreement
with Comcast of the South. The purpose of this Franchise, which has a ten-year term that would be effective
March 1, 2020, is to grant a non-exclusive franchise to Comcast to continue to operate and maintain a cable
television system within the City. The City issued a request for proposals for a Cable Television Franchise in
January with a deadline of February 6, 2020. Comcast submitted the only proposal.
The previous contract officially expired in November 2016 with the City and Comcast operating under
monthly contract extensions since then. The City and Comcast have been in negotiations to renew the
franchise agreement prior to the expiration. The process took longer than expected due to both sides waiting
for a ruling from the Kentucky Supreme Court regarding the telecommunications tax and franchise fees. Also,
a recent Order adopted by the Federal Communications Commission resulted in the need for additional
language.
The Franchise Agreement includes the following requirements: 1) Comcast must operate and maintain a
system providing a minimum of 120 channels; 2) a ten-year franchise term; 3) requires Comcast to provide
three channels available for local public, educational and governmental (PEG) programming; 4) requires
Comcast to provide a subscriber drop and free monthly cable service to specified public and educational
institutions; 5) requires Comcast to collect 0.90% of gross revenues to support PEG access; and 6) requires
Comcast to provide a video fiber transport network connecting public facilities to Comcast’s head end facility
to redistribute PEG programming over the subscriber network.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approve Franchise Agreement Between City of Paducah and Comcast
Attachments:
1.Ordinance
2.Renewal-Franchise-Summary-Grogan-prepared
3.Renewal-Franchise-with-Comcast-final-Grogan
ORDINANCE 2020-____-______
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO
COMCAST OF THE SOUTH TO OPERATE AND MAINTAIN A CABLE SYSTEM
WITHIN THE CORPORATE LIMITS OF THE CITY OF PADUCAH, KENTUCKY,
PURSUANT TO THE TERMS AND PROVISIONS OF THE PADUCAH ORDINANCE
FOR REGULATION OF CABLE COMMUNICATIONS, AND APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND COMCAST OF THE SOUTH
WHEREAS, Comcast filed a request with the City to activate the formal process
for renewing its Cable Television Franchise Agreement (“Franchise”) pursuant to 47 U.S.C.
§546(a)-(g); and
WHEREAS, the City commenced a proceeding to identify the future cable-
related community needs and interests and to review the performance of Comcast under its
existing Franchise; and
WHEREAS, the City of Paducah issued a request for proposals for a Cable
Television Franchise in January 2020 with a deadline of February 6, 2020; and
WHEREAS, Comcast of the South submitted the only proposal; and
WHEREAS, the purpose of this Franchise is to grant a non-exclusive franchise
to Comcast to continue to operate and maintain a cable television system within the City of
Paducah.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The Mayor is hereby authorized, by and on behalf of the City,
to execute the Franchise Agreement between the City of Paducah, Kentucky, and Comcast of
the South dated January 2, 2020.
SECTION 2. There is hereby granted by the City of Paducah, Kentucky, to
Comcast of the South the right and privilege to construct, operate, maintain, and extend a
Cable System to all places within the City in accordance with the provisions set forth in the
Franchise Agreement.
SECTION 3. Franchisee shall assume the reasonable publication
costs as shall be presented to the Franchisee by the City Clerk after acceptance of this
Franchise by the City and appropriate publication has occurred.
SECTION 4. That if any section, paragraph or provision of this ordinance
shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or
invalidity of such section, paragraph or provision shall not affect any other section, paragraph
or provision hereof, it being the purpose and intent of this ordinance to make each and every
section paragraph and provision hereof separable from all other sections, paragraphs and
provisions.
SECTION 5. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
______________________________
Brandi Harless, Mayor
ATTEST:
________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, February 11, 2020
Adopted by the Board of Commissioners, __________________________
Recorded by Lindsay Parish, City Clerk, ___________________________
Published by The Paducah Sun, ________________________________
\ord\franchise cable 2020
CABLE TELEVISION FRANCHISE AGREEMENT
FOR THE
CITY OF PADUCAH, KENTUCKY
AND
COMCAST OF THE SOUTH
January 2, 2020
i
3207698v10
TABLE OF CONTENTS
PAGE
Section 1. Short Title ............................................................................................................1
Section 2. Definitions ...........................................................................................................1
Section 3. Grant of Authority................................................................................................2
Section 4. Reservation of Authority ......................................................................................2
Section 5. Compliance with Applicable Laws and Ordinances ..............................................2
Section 6. Provision of Service .............................................................................................3
Section 7. Insurance, Bonds and Indemnification ..................................................................4
Section 8. System Design: Minimum Channel Capacity .......................................................5
Section 9. Interruption of Service .........................................................................................5
Section 10. Emergency Alert Capability .................................................................................5
Section 11. Technical Standards .............................................................................................5
Section 12. Special Testing .....................................................................................................6
Section 13. Access Facilities ..................................................................................................6
Section 14. Other Business Licenses.......................................................................................6
Section 15. Franchise Fees .....................................................................................................6
Section 16. Reports ................................................................................................................7
Section 17. Customer Service .................................................................................................7
Section 18. Conflicts ..............................................................................................................7
Section 19. Publication Costs .................................................................................................7
Section 20. Notices .................................................................................................................7
Section 21. Miscellaneous Provisions .....................................................................................8
Section 22. Term of Agreement ..............................................................................................8
Section 23. Force Majeure ......................................................................................................8
Section 24. Entire Agreement .................................................................................................8
ii
3207698v10
Section 25. No Third Party Beneficiaries ................................................................................8
Section 26. No Waiver of Rights ............................................................................................9
Section 27. Renewal of Franchise ...........................................................................................9
Section 28. Enforcement and Termination of Franchise ..........................................................9
Section 29. Transfer of the Franchise .................................................................................... 10
Attachment A Description of System ..................................................................................... A-1
Attachment B PEG Fiber Transport ........................................................................................ B-1
Attachment C Access Channels .............................................................................................. C-1
1
3207698v10
FRANCHISE AGREEMENT
THIS AGREEMENT, with an effective date of March 1, 2020, is between the City of
Paducah, Kentucky, a municipal corporation of the Commonwealth of Kentucky (“City”), and
Comcast of the South (“Comcast”).
WHEREAS, Comcast filed a request with the City to activate the formal process for
renewing its Cable Television Franchise Agreement (“Franchise”) pursuant to 47 U.S.C. §
546(a)-(g);
WHEREAS, the City commenced a proceeding to identify the future cable-related
community needs and interests and to review the performance of Comcast under its existing
Franchise;
WHEREAS, during the course of the formal proceeding the City and Comcast agreed to
revert to the informal process pursuant to 47 U.S.C. § 546(h) and enter into franchise renewal
negotiations;
WHEREAS, the Paducah Board of Commissioners, approved the terms of the renewed
Franchise expressed herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
contained herein it is agreed as follows:
Section 1. Short Title. This agreement may be referred to and cited as the
“Franchise Agreement ” or “Franchise.”
Section 2. Definitions. Except as provided below, the terms, phrases, words, and
their derivations used in this Franchise shall have the meaning given in the City’s Cable
Ordinance. If not defined therein, the term shall have the meaning defined in the Cable Act, and
if not defined therein, such undefined term shall be construed to reflect common usage as would
apply, especially in the cable television industry where applicable:
(a) “Cable Act” is Title VI of the Communications Act of 1934, as amended
from time to time, 47 U.S.C. § 521 et. seq.
(b) “Cable Ordinance” is Chapter 22 Cable Communications of the City’s
Code of Ordinances.
(c) “Franchisee” is Comcast of the South, or its lawful successor, transferee or
assignee.
(d) “Wireline MVPD” is a multichannel video programming distributor that
utilizes the Streets to install cable or fiber and is engaged in the business of making
available for purchase, by Subscribers, multiple Channels of video programming in the
City.
2
3207698v10
Section 3. Grant of Authority.
(a) There is hereby granted by the City to the Franchisee the right and
privilege to construct, operate, maintain, and extend a Cable System to all places within
the City in accordance with the provisions herein. The rights granted hereunder shall be
non-exclusive and shall not be transferred or assigned wit hout the prior approval of the
City as provided for in Section 29, herein.
(b) The Franchisee shall have the right to use and occupy Streets and Public
Ways and Utility Easements for the purpose of installing and maintaining its wires,
cables, and associated equipment in or on poles, by direct burial, or in underground
conduits as necessary for the operation of the Cable System to provide Cable Service.
This authority, however, does not obviate the need for obtaining permits from the City for
construction involving the disturbance of Streets and for compliance with all City
regulations and requirements relative to construction and operation of facilities in the
Public Ways. The Cable System constructed and maintained by Franchisee or its agents
shall not interfere with other uses of Streets. Nothing in this Franchise shall be construed
to prohibit the Franchisee from providing services other than Cable Services as permitted
by Applicable Law. The City hereby reserves all of its rights to regulate such other
services to the extent not prohibited by Applicable Law and no provision herein shall be
construed to limit or give up any regulatory right of the City.
Section 4. Reservation of Authority. The Franchisee specifically agrees to comply
with the lawful provisions of the City Code and applicable regulations of the City. Subject to the
police power exception below, in the event of a conflict between A) the lawful provisions of the
City Code or applicable regulations of the City and B) this Franchise, the express provisions of
this Franchise shall govern. Subject to express federal and state preemption, the material terms
and conditions contained in this Franchise may not be unilaterally altered by the City through
subsequent amendments to the City Code, ordinances or any regulation of City, except in the
lawful exercise of City's police power. Franchisee acknowledges that the City may modify its
City Code and regulatory policies by lawful exercise of the City's police powers throughout the
term of this Franchise. Franchisee agrees to comply with such lawful modifications to the City
Code; however, Franchisee reserves all rights it may have to challenge such modifications to the
City Code whether arising in contract or at law. The City reserves all of its rights and defenses
to such challenges whether arising in contract or at law. Nothing in this Franchise shall (A)
abrogate the right of the City to perform any public works or public improvements of any
description, (B) be construed as a waiver of any codes or ordinances of general applicability
promulgated by the City, or (C) be construed as a waiver or release of the rights of the City in
and to the Streets.
Section 5. Compliance with Applicable Laws and Ordinances.
(a) The Franchisee voluntarily makes the following express representations:
(1) Franchisee has examined all provisions of the Cable Ordinance and
accepts and agrees to all the provisions of the Cable Ordinance as of the date of
this Franchise’s enactment, unless otherwise provided for herein.
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(b) Notwithstanding any provision to the contrary, if a non-wireless facilit y
based entity, legally authorized by state or federal law, makes available for purchase by
Subscribers or customers “Cable Service” or its functional equivalent (including , but not
limited to, Video Programming under 47 U.S.C. § 571(a)(3) or § 573) within the
Franchise Area (“new Wireline MVPD”) with or without a Franchise or other similar
lawful authorization granted by the City, and the City has the legal authority to mandate
that new Wireline MVPD obtain a franchise or other similar lawful authorizatio n from
the City, then the City shall permit the Franchisee to construct and/or operate its Cable
System and provide multi-channel video programming or its equivalent to Subscribers in
the City under equivalent material terms and conditions when considered as a whole, as
applicable to the new Wireline MVPD. “Material terms and conditions” include, but are
not limited to: Franchise Fees and Annual Gross Revenues definition; the number of
Public, Education and Government Access Channels and the transportation of those PEG
Channels to the headend and the PEG Fee; customer service standards; and proportionate
courtesy Cable Services. Within ninety (90) days after the Franchisee submits a written
request to the City, the Franchisee and the City shall, following good faith negotiations
and mutual agreement, enter into an agreement or other appropriate authorization (if
necessary) containing the equivalent Material terms and conditions as are applicable to
the new Wireline MPVD. If the parties are unable to reach agreement , following good
faith negotiations, either party may seek review in a court of competent jurisdiction.
Nothing herein shall in any way limit or reduce Franchisee’s right to provide Cable
Service in the City under Applicable Laws, nor the City’s right to regulate Franchisee’s
provision of Cable Service in the City under Applicable Laws. The provisions of this
Section 5(b) shall apply to any wireline facility owned or operated by the City.
Section 6. Provision of Service.
(a) The Franchisee shall extend Cable Service to all residents within the City
in accordance with the following standards.
(1) General Service Obligation. The Franchisee shall provide Cable
Service to every residential dwelling unit within the Franchise Area reaching the
minimum density of at least twenty (20) dwelling units per mile measured from
the nearest technically feasible point of connection to Franchisee’s existing
distribution cable. The Franchisee shall offer Cable Service to all new homes or
previously unserved homes located within one hundred fifty (150) feet of the
Franchisee’s existing distribution cable.
(2) The Franchisee may elect to provide Cable Service to areas not
meeting the above density and distance standards. In so doing, the Franchisee
may impose an additional charge in excess of its Standard Installation charge for
any service installation requiring a Drop in excess of the above standards. Any
such additional charge shall be computed on a time plus materials basis to be
calculated on that portion of the installation which exceeds the one hundred fifty
(150) foot standard set forth above. In the event of annexation into the Franchise
Area, the Franchisee is not obligated to provide service to the area unless it meets
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the twenty (20) dwelling units per mile measured from the nearest technically
feasible point of connection to Franchisee’s existing distribution cable.
(b) Franchisee shall maintain the existing installations consisting of one (1)
Drop and one (1) outlet at City Hall, the McCracken County Public Library, each fire and
police station, the public works facility and floodwall maintenance shop, the parks
department and Paducah-McCracken County Senior Center, the information
technology/911 facility, the Paducah Recreation Center and each public and private
accredited K-12 school within the City including the Board of Education. Any charge for
relocation of such installation shall be charged at Franchisee’s current rate for such work.
Additional installations at the same location shall be made by Franchisee only upon
request of the City and at Franchisee’s current rate for such work.
(1) No sooner than thirty (30) days of the effective date of this
Franchise, the Franchisee may provide the City with a price list for the purchase
of Cable Services and equipment at the locations listed in Section 6(b) above.
The City shall have up to one hundred and twenty (120) days within which to
designate the level of Cable Service to be provided at each location. The total
charge for the Cable Service requested and necessary equipment shall be invoiced
to the City as elected by the City. Franchisee agrees that charges for Cable
Service imposed upon the City shall be set at rates no more burdensome nor less
favorable than those charged by Franchisee to its cable customers within the
Franchise Area.
(2) In the event the FCC’s Third 621 Order is stayed or is finally
reversed on appeal as to the issue of complimentary Cable Services constituting
Franchise Fees, the City may request , and Franchisee shall provide, at no cost,
Basic Cable Service be provided at the locations listed in Section 6(b) above.
However, in no event shall Franchisee be obligated to provide such
complimentary Basic Cable Service to more than twenty (20) locations in the
City.
(c) To the extent prohibited by Applicable Law, no complimentary service
obligations shall be enforceable if it would cause the Franchisee or the receiving entity to
violate e-rate gift prohibitions or similar restrictions.
(d) Unless otherwise preempted by Applicable Law, Subscriber rates may be
set and modified pursuant to Sec. 22-71 of the Cable Ordinance. The City reserves the
right to implement rate regulation and prescribe procedures for establishing and
modifying rates when, and to the extent, permitted by federal law and/or FCC rules.
Section 7. Insurance, Bonds and Indemnification.
(a) The insurance, performance bond and indemnific ation obligations as
specified in Sec. 22-46 of the Cable Ordinance shall apply. Franchisee shall continue to
comply with Section 22-46 of the Cable Ordinance. Upon the effective date of this
Franchise, nothing in this Section 7 shall require Franchisee to refile documentation with
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the City so long as Franchisee is currently in compliance with Section 22 -46 of the Cable
Ordinance. Notwithstanding the foregoing, the Franchisee shall not be obligated to
indemnify the City for any damages, liability or claims resulting from the willful
misconduct or negligence of the City or for the City’s use of the PEG Channels .
Section 8. System Design: Minimum Channel Capacity.
(a) Franchisee shall develop, construct, operate, and maintain for the term of
this Franchise, a System providing a minimum of one hundred twenty (120) Channels of
programming consistent with the specifications attached hereto as Exhibit A.
(b) The System is a hybrid fiber-coaxial architecture. In addition, the System
will be designed with the capability to transmit return signals upstream in spectrum to be
determined by Franchisee.
(c) All programming decisions shall be made by Franchisee in accordance
with applicable law, provided that Franchisee notifies City and Subscribers in writing
thirty (30) days prior to any Channel deletions or realignments, and further subject to
Franchisee’s signal carriage obligations pursuant to 47 U.S.C. § 531-536, and further
subject to City’s rights pursuant to 47 U.S.C. § 545. Location and relocation of the PEG
Access Channels shall be governed by Attachment C attached hereto. Such written
notices may be delivered electronically.
Section 9. Interruption of Service. Franchisee shall interrupt Service only for good
cause and for the shortest time possible. Such interruption shall occur during periods of
minimum use of the System. If Service is interrupted for a total period of more than twenty-four
(24) continuous hours in any thirty (30) day period, Subscribers shall, upon request, be credited
pro rata for such interruption.
Section 10. Emergency Alert Capability. At all times during the term of this
Franchise, Franchisee shall provide and maintain an Emergency Alert System (EAS) consistent
with Applicable Laws including 47 C.F.R., Part 11, as may be amended or modified from time to
time, and the Kentucky Emergency Management (KYEM) requirements. The City may identify
authorized emergency officials for activating the EAS consistent with the KYEM requirements.
The City may also develop a local plan containing methods of EAS message distribution, subject
to applicable laws and the KYEM requirements. Nothing in this section is inte nded to expand
Franchisee’s obligations beyond that which is required by the KYEM requirements and
Applicable Law.
Section 11. Technical Standards. The technical standards used in the operation of the
System shall comply, at minimum, with the technical standards promulgated by the FCC relating
to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal Regulations .
To the extent those standards are altered, modified or amended during the term of this Franchise,
the Franchisee shall comply with such alterations, modifications or amendments within a
reasonable period after their adoption by the FCC. In addition, Franchisee is subject to the
technical standards outlined in Attachment A, attached hereto.
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Section 12. Special Testing. Pursuant to the FCC’s Report & Order in In re Cable
Television Technical and Operational Standards issued September 25, 2017, the City may request
testing of compliance with signal quality standards in response to a pattern of customer complaints
regarding signal quality. If such special testing establishes that the System meets all required
FCC technical standards, the City shall bear its expense for such special testing. If such special
testing establishes that the System does not meet all required FCC technical standards,
Franchisee shall bear the City’s expense for such special testing.
Section 13. Access Facilities.
(a) The Franchisee shall provide Access Channels and Services pursuant to
the requirements of Attachment C hereto. No later than sixty (60) days after the effective
date of this Franchise, Franchisee shall collect on behalf of City a per Subscriber fee of
Nine Tenths percent (.90%) of Annual Gross Revenues to support PEG access in the City
pursuant to federal law (hereinafter “PEG Fee”). The payment of PEG Fees shall be
made on a quarterly basis and shall be due forty-five (45) days after the close of each
calendar quarter in the same manner as Franchise Fee payments are remitted pursuant to
Section 15 herein. The PEG Fee may be reduced based upon mutual agreement of the
parties. Consistent with Section 21(d) of this Franchise, in the event the imposition of a
PEG Fee is determined to be unenforceable under Applicable Law or is otherwise
declared invalid by any court, agency, commission, legislative body, or other authority of
competent jurisdiction the PEG Fee shall no longer be enforceable under this Franchise
absent a subsequent change in Applicable Law.
(b) The PEG Fee may be used by City to fund PEG expenditures in
accordance with Applicable Law.
(c) The PEG Fee may be categorized, itemized and passed through to
Subscribers as permissible, in accordance with 47 U.S.C. § 542 or other Applicable
Laws. Franchisee shall pay the PEG Fee to the City on a quarterly basis. Any PEG Fees
owing pursuant to this Franchise which remain unpaid more than thirty (30) days after the
date the payment is due shall be delinquent and shall thereafter accrue interest
compounded at the Wall Street Journal Prime rate plus two percent (2%).
(d) Franchisee shall provide PEG Fiber Transport as described in Exhibit B.
(e) Franchisee shall not be obligated to comply with Section 22-39(c) of the
Ordinance.
Section 14. Other Business Licenses. This Franchise authorizes only the operation of
a Cable System as provided for herein, and does not take the p lace of any other generally
applicable franchise, license, or permit which might be required of the Franchisee by law.
Section 15. Franchise Fees.
(a) Franchisee shall pay City a Franchise Fee in an amount equal to five
percent (5%) of Annual Gross Revenues derived by the Franchisee from the operation of
the Cable System in the Franchise Area to provide Cable Services. The payment of
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Franchise Fees shall be made on a quarterly basis and shall be due forty-five (45) days
after the close of each calendar quarter. Each Franchise Fee payment shall be
accompanied by a report prepared by a representative of the Franchisee showing the basis
for the computation of the Franchise Fees paid during that period . Any Franchise fees
owing pursuant to this Franchise which remain unpaid more than thirty (30) days after the
date the payment is due shall be delinquent and shall thereafter accrue interest
compounded at the Wall Street Journal Prime rate plus two percent (2%). The City shall
have the right to audit Franchisee’s Franchise Fee payments in accordance with the Cable
Ordinance at Section 22-72.
(b) Nothing in this Franchise shall in any way be construed to prohibit the
City from collecting any generally applicable fees, taxes or assessments as may be
permitted by Applicable Laws.
Section 16. Reports. Within ninety (90) days of the end of its fiscal year and only in
response to a written request by the City, the Franchisee shall file with the City the repo rts
required by Sec. 22-45 of the Cable Ordinance.
Section 17. Customer Service. The Franchisee shall provide customer service
consistent with the provisions of Article IV – Customer Protection and Service Standards of the
Cable Ordinance.
Section 18. Conflicts. In the event of a conflict between this Franchise and the Cable
Ordinance, the Franchise shall prevail and control.
Section 19. Publication Costs. Franchisee shall assume the reasonable publication
costs as shall be presented to the Franchisee by the City Clerk after acceptance of this Franchise
by the City and appropriate publication has occurred.
Section 20. Notices. All formal notices under this Franchise shall be delivered by
hand, U.S. mail (certified or regist ered), or any courier service that verifies the date of delivery
and shall be considered given upon the date of receipt. Notices shall be sent to the City and
Franchisee as follows:
City: Attention: City Manager
300 South Fifth Street
Paducah, Kentucky 42003
Franchisee: Comcast Cable, Heartland Region
Attention: Vice President of Government & Regulatory
Affairs
41112 Concept Drive
Plymouth, MI 48170
with a nonbinding Comcast Cable
courtesy copy to: Attention: Government Affairs Department
600 Galleria Parkway, Suite 1100
Atlanta, GA 30339
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and Comcast Cable
Government Affairs Department
1701 JFK Blvd., 49th Floor
Philadelphia, PA 19103
Section 21. Miscellaneous Provisions.
(a) Whenever this Franchise shall set forth any time for an act to be
performed by or on behalf of the Franchisee, such time shall be deemed of the essence.
(b) This Franchise may not be amended except by written instrument agreed
to and executed by both parties hereto.
(c) This Franchise shall be deemed to be executed in the County of
McCracken, Commonwealth of Kentucky, and shall be governed in all respects,
including validity, interpretation and effect, and construed in accordance with the laws of
the Commonwealth of Kentucky, as applicable to contracts entered into and performed
entirely within the Commonwealth.
(d) If any section, subsection, sentence, clause, phrase, or other port ion of this
Franchise is, for any reason declared invalid, in whole or in part, by any court, agency,
commission, legislative body, or other authority of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent portion. Su ch declaration shall not
affect the validity of the remaining portions hereof, which other portions shall continue in
full force and effect .
Section 22. Term of Agreement . The term of this Franchise shall be ten (10) years,
beginning on March 1, 2020, unless renewed, revoked, or terminated sooner as herein provided.
Section 23. Force Majeure. The Franchisee shall not be held in default under, or in
noncompliance with, the provisions of this Franchise or the Cable Ordinance, nor suffer any
enforcement or penalty relating to noncompliance or default (including termination, cancellation
or revocation of the Franchise), where such noncompliance or alleged defaults occurred or were
caused by strike, riot, war, earthquake, flood, tida l wave, unusually severe rain or snow storm,
hurricane, tornado , wild fire or other catastrophic act of nature, failure of utility service (through
no fault of Franchisee) necessary to operate the Cable System, governmental, administrative or
judicial order or regulation or other event that is reasonably beyond the Franchisee’s ability to
anticipate or control.
Section 24. Entire Agreement . This Franchise, including all Attachments, embodies
the entire understanding and agreement of the City and the Franchisee, supersedes all prior
agreements or proposals except as specifically set forth herein, and cannot be changed orally but
only by an instrument in writing executed by the parties.
Section 25. No Third Party Beneficiaries. Nothing in this Franchise or any prior
agreement is or was intended to confer third-party beneficiary status on any member of the
public to enforce the terms of such agreements or Franchise.
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Section 26. No Waiver of Rights. Nothing in this Franchise shall be construed as a
waiver of any rights, substantive or procedural, the Franchisee may have under federal or state
law unless such waiver is expressly stated herein.
Section 27. Renewal of Franchise. The renewal of this Franchise shall be governed by
and comply with the provisions of 47 U.S.C. § 546 of the Cable Act, as amended.
Section 28. Enforcement and Termination of Franchise.
(a) Notice of Violation or Default . In the event the City believes that the
Franchisee has not complied with the material terms of this Franchise, it shall notify the
Franchisee in writing with specific details regarding the exact nature of the alleged
noncompliance or default.
(b) Franchisee’s Right to Cure or Respond. The Franchisee shall have thirty
(30) days from the receipt of the City’s notice described in Section 28(a), above: (i) to
respond to the City, contesting the assertion of noncompliance or default, or (ii) to cure
such default, or in the event that, by nature of the default, such default cannot be cured
within the thirty (30) day period, initiate reasonable steps to remed y such default and
notify the City of the steps being taken and the projected date that they will be completed.
(c) Public Hearings. In the event the Franchisee fails to respond to the City’s
notice described in Section 28(a), above, or in the event that the alleged default is not
remedied within thirty (30) days or such longer time period as may be mutually agreed
upon by City and Franchisee, pursuant to Section 28(b), above, the City shall schedule a
public hearing regarding the default. Such public hearing shall be held at the next
regularly scheduled meeting of the City that is scheduled at a time, which is no less than
ten (10) business days therefrom. The City shall notify the Franchisee in writing of the
time and place of such meeting and provide the Franchisee with a reasonable opportunity
to be heard.
(d) Enforcement . Subject to applicable federal and state law, in the event the
City, after such public hearing, determines that the Franchisee is in default of any
provision of the Franchise, the City may:
(1) draw from the performance bond required by Section 22-46 of the
Cable Ordinance;
(2) seek specific performance of any provision, which reasonably
lends itself to such remedy, as an alternative to damages or seek other equitable
relief; or
(3) in the case of a substantial default of a material provision of the
Franchise, declare the Franchise to be revoked in accordance with the following:
(i) The City shall give written notice to the Franchisee of its
intent to revoke the Franchise on the basis of noncompliance by
the Franchisee, including one (1) or more instances of substantial
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noncompliance with a material provision of this Franchise
Agreement. The notice shall set forth with specificity the exact
nature of the noncompliance. The Franchisee shall have thirty (30)
days from the receipt of such notice to object in writing and to
state its reasons for such objection. In the event the City has not
received a satisfactory response from the Franchisee, it may then
seek termination of this Franchise Agreement at a public hearing.
The City shall cause to be served upon the Franchisee, at least ten
(10) days prior to such public hearing, a written notice specifying
the time and place of such hearing and stating its intent to request
termination of the Franchise.
(ii) At the designated hearing, the City shall give the
Franchisee an opportunity to state its position on the matter,
present evidence, after which it shall determine whether or not the
Franchise shall be revoked. The public hearing shall be on the
record and a written transcript shall be made available to the
Franchisee within ten (10) business days. The decision of the City
shall be in writing and shall be delivered to the Franchisee in the
manner set forth in Section 20, herein. The Franchisee may appeal
such determination to an appropriate court. Such appeal to the
appropriate court must be taken within sixty (60) days of the
issuance of the determination of the City.
(iii) The City may, at its sole discretion, take any lawful action
that it deems appropriate to enforce its rights under the Franchise
in lieu of revocation.
Section 29. Transfer of the Franchise. Notwithstanding anything to the contrary in the
Cable Ordinance or this Franchise, neither the Franchisee nor any other Person may transfer the
Cable System or this Franchise without the prior written consent of the City, which consent shall
not be unreasonably withheld or delayed. No transfer of control of the Franchisee defined as an
acquisition of fifty-one (51) percent or greater ownership interest in Franchisee shall take place
without the prior written consent of the City. No such consent shall be required, however, for (i)
a transfer in trust, by mortgage, hypothecation, or by assignment of any rights, title, or interest of
the Franchisee in this Franchise or the Cable System in order to secure indebtedness, or (ii) a
transfer to an entity directly or indirectly owned or controlled by Comcast Corporation. The City
shall, in accordance with FCC rules and regulations, notify the Franchisee in writing of
information it requires, if any, to determine the legal, financial, and technical qualifications of
the transferee. So long as required by applicable FCC regulations, if the City has not taken
action on the Franc hisee’s request for transfer within one hundred twenty (120) days after
receiving such request, consent to the transfer shall be deemed given.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as follows:
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1st Reading , 20__
2nd Reading , 20__
CITY OF PADUCAH, KENTUCKY ATTEST:
Date: , 20__ Date: , 20__
By: By:
Name: Name:
Title: Mayor Title: City Clerk
COMCAST OF THE SOUTH
Date: , 20__
By:
Name:
Title:
STATE OF ____________ )
) ss.
COUNTY OF ___________)
The foregoing instrument was subscribed and sworn to before me this day of
, 20__, by , , of Comcast of the
South.
Notary Public SEAL
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ATTACHMENT A
DESCRIPTION OF SYSTEM
1. System. The Cable System shall be designed, constructed, routinely inspected, and
maintained to guaranty the Cable System meets or exceeds the requirements of the most
current additions of the National Electrical Code (NFPA 70) and the National Electrical
Safety Code (ANSI C2).
2. General Requirements. Franchisee shall use equipment used in high-quality, reliable,
modern Cable Systems of similar design.
3. Technical Specifications. The System shall meet or exceed FCC requirements.
The System shall be designed such that no noticeable degradation in signal quality
attributable to the System will appear at the Subscriber terminal.
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ATTACHMENT B
PEG FIBER TRANSPORT
PEG Fiber Transport .
1. The Franchisee shall continue to provide, at no charge or reimbursement of
Franchisee’s costs, during the term of the Franchise, the transmission of the PEG
origination locations via the bi-directional facility that connects the locations listed in
paragraph 2 below to the Franchisee’s head end facility that exists as of the effective date
of this Franchise (“V ideo Fiber Transport Network”).
2. The Video Fiber Transport Network shall serve all of the PEG origination
locations listed below.
West KY Community and Technical College Main Campus 4810 Alben Barkley Drive
West KY Community and Technical College Technical Campus 4810 Alben Barkley Drive
McCracken County Courthouse 300 South 7th Street
Paducah City Hall 300 South 5th Street
McCracken County Public Library 555 Washington Street
3. Transport equipment for the purpose of inserting Video Programming on the
Video Fiber Transport Network, to the extent not already installed as of the effective date
of this Franchise, shall be the responsibility of the Franchisee. Franchisee shall purchase
and install the transmitters/encoders and receivers needed at the locations in paragraph 2
above, if needed. Maintenance costs of the PEG transport network (“Transport
Maintenance”) will be at the City’s expense. Franchisee will provide the City with prior
notice of the anticipated costs of the Transport Maintenance at the time such maintenance
is suggested by the Franchisee or requested by the City, and Franchisee shall invoice the
City for such costs upon completion of the work.
4. All other PEG production equipment and transmitting equipment (on City’s side
of the demarcation point) shall be the responsibility of the City to purchase, install and
maintain.
5. The Video Fiber Transport Network shall be capable of carrying Video
Programming inserted at the locations in paragraph 2, above, upstream to the headend for
redistribution over the Subscriber network.
6. The Franchisee will be given up to six (6) months from execution of this
Franchise Agreement to construct and implement the Video Fiber Transport Network.
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PEG Fiber Transport Diagram
WKCC - Main control
location Switcher/ Router
Paducah City Hall
control location
Switcher
McCracken County
Courthouse
partner location
McCracken County
Library
WSIU
Paducah Headend
Channel 7
Channel 2 and 11
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ATTACHMENT C
ACCESS CHANNELS
I. GENERAL
A. The Franchisee shall provide Access Channels sufficient to meet community
needs during the term of the Franchise as provided for herein.
B. Access Channel operations must conform to the following minimum
requirements:
1. Access Channels shall be carried o n the Franchisee’s lowest priced Cable
Service offering in accordance with Section 611 of the Cable Act.
2. Subject to Section II.A.2 below, the Franchisee shall have no control over
the content of any programming carried on Access Channels. The Authority may
select a non-profit corporation or other entity to manage the Access Channels
consistent with the requirements of the Cable Ordinance, this Franchise, and
Applicable Law.
3. Upon the effective date of this Franchise and the subsequent acceptance of
this Franchise, the Franchisee agrees to continue to provide three (3) Access
Channels.
4. All programming transmitted over the Access Channels shall be non-
commercial in nature. Program material to be distributed on Access Channels
shall contain no advertising or commercial content. Franchisee and City agree
that City or the producer or distributor of such programming may include
acknowledgments for Persons, which sponsor or underwrite access programming
in a manner substantially similar to the sponsorship information provided on the
Public Broadcasting System (PBS).
C. Access Channels shall be operated in conformity with the provisions of th is
Franchise and the Cable Ordinance.
D. An Access user, whether an individual, educational or governmental user, or any
other lawful entity, acquires no property or other interest by virtue of the use of a
Channel so designated, and may not rely on the continued use of a particular Channel
number, no matter how long the same Channel may have been designated for such use.
Franchisee, however, shall not relocate any Access Channel to a different Channel
number without first giving thirty (30) days advanced written notice to the City. The
Franchisee shall endeavor to provide as much advance notice as possible to City for any
Access Channel relocation.
E. In the event any Access Channel(s) is relocated, Franchisee shall reimburse City
up to Three Thousand and No/100 Dollars ($3,000.00) for all reasonable actual costs
associated with such a move including change of letterhead, promotion of the new
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Channel location and promotional spots for the new location and inform Subscribers of
the new Channel location through bill inserts and newspaper advertisements.
F. Franchisee shall provide the Access Channels as part of the Cable Service
provided to any Subscriber, at no additional charge to the City, access users or
Subscribers other than the permitted basic services fee under applicable law so that the
Access Channels are viewable by the Subscriber without the need for additional
equipment beyond that required to receive the lowest priced Cable Service offering.
G. To the extent the configuration of the Cable System allows for detailed program
listings to be included on the digital Channel guide, Franchisee will allow City to make
arrangements with the Channel guide vendor to make detailed programming listings
available on the guide. The City will be solely responsible for providing the program
information to the vendor in the format and timing required by the vendor and shall bear
all costs of this guide service.
H. The Franchisee shall make a reasonable effort to group Access Channels with like
Channels in the lowest cost SD and HD tier, and will be located in reasonable proximity
to broadcast channels and other basic mainstream cable/satellite Channels.
I. The Franchisee shall maintain all existing upstream and downstream Access
Channels and connections at the same level of technical quality and reliabil ity required
by this Franchise and all other Applicable Laws. Franchisee, in accordance with
Applicable Law, shall provide routine maintenance and shall repair and replace all
transmission equipment, including transmitters/receivers, associated cable and equipment
in use upon the effective date of this Franchise, necessary to carry a quality Access
Channel signal to and from a designated demarcation point between the City and
Franchisee as set forth in Attachment B.
J. In the event Franchisee makes any change in the Cable System and related
equipment and facilities or in Franchisee's signal delivery technology, which directly or
indirectly affects the signal quality or transmission of Access Channels or Access
programming or requires City to obtain new equipment in order to be compatible with
such change for purposes of transport of and delivery of any Access Channels (SD or
HD), Franchisee shall, at its own expense and free of charge to City, take necessary
technical steps or provide necessary technical assistance and training of City's Access
personnel to ensure that the capabilities of Access services are not diminished or
adversely affected by such change.
K. Unused Access Channel capacity may be utilized by Franchisee. Because blank
or underutilized Access Channels are not in the public interest, in the event the City or
other Access Channel user elects not to fully program its Channel(s), the Franchisee may
program unused time on such Channels subject to reclamation by the City upon no less
than sixty (60) days’ notice.
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L. The Franchisee shall not be obligated to indemnify the City for any damages,
liability or claims resulting from the willful misconduct or gross negligence of the City
for the City’s use of any PEG Access Channels.
M. The City will obtain from any non-governmental Access Channel programmer or
user a written statement indemnifying Franchisee and the City from all claims regarding
that party’s programming or use of Access Channels.
N. Indemnification. The Franchisee shall not be requ ired to indemnify City for any
liability, loss or damage due to violation of the intellectual property rights of third parties
or arising out of the content of programming shown on any PEG channel and from claims
arising out of the City’s rules for or administration of the PEG Access Channels.
II. ACCESS CHANNELS
A. Public Access Channel
1. The Franchisee shall provide capacity on one (1) Channel for public
access purposes originating at West Kentucky Community & Technical College
located at 4810 Alben Barkley Dr.
2. The City shall provide access to such capacity on a first -come-first served,
non-discriminatory basis. The City, however, may reserve the right to limit the
amount of time granted any one party in order to ensure that all users have access
opportunity. Use limitations may be imposed only in those situations where
demand exceeds availability.
3. The Franchisee shall not exercise any control over program content with
the following exceptions:
(a) A participant in public access cablecasting may not present any
advertisement of, or information concerning any lottery, gift, enterprise or similar
scheme, offering change, or any list of prizes. This prohibition does not apply to
advertisement of, or information concerning state-conducted lotteries where the
transmission is permitted by federal statute or FCC rules and regulations.
(b) A participant in public access cablecasting may not present
obscene material.
(1) Franchise shall not exercise editorial control over any use
of Access Channel capacity, except the Franchisee may pre-screen or take
other appropriate steps to ensure that obscene materials are not cablecast.
Such steps may include, but not be limited to, requesting that the
offending portions be deleted or by refusing to allow the program on the
System.
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3207698v10
(2) A participant may not present any advertising material
designed to promote the sale of commercial products or services,
including advertising by or on behalf of candidates for public office on
any Access Channel. However, this is not to be construed to mean that
candidates for public office may not appear on any Access Channel in
behalf of their candidacy providing their appearance is in accor dance with
statutory requirements and FCC rules and regulations.
B. Government Access Channel
1. The Franchisee shall provide capacity on one (1) Channel for government
access purposes originating at Paducah City Hall located at 300 South 5th Street.
This Channel shall be made available in order to increase the general public’s
awareness of local governments by allowing for live or recorded coverage of
Paducah City Commission and the McCracken County Fiscal Court meetings,
planning commission meetings, special hearings, committee meetings, and
discussions of independent boards, commissions, and City and county
departmental programs. The Franchisee shall cooperate with the City and provide
assistance, advice and technical aid necessary to provide maximum utilization of
the governmental Access Channel for whatever needs arise. This provision does
not include actual production assistance. To the extent Franchisee imposes
charges on the City for any assistance, advice and technical aid, Franchisee will
provide advance written notice to City before any charges are imposed and
invoiced to the City.
2. The governmental Access Channel shall serve as a means for the Mayor,
Judge/Executive, City and County officials to communicate with the citizens of
the Paducah Community. More specifically this Channel shall be regularly used
to provide the Paducah Community with up to date information regarding day-to-
day operations of the City, County, state and Federal governments.
C. Educational Access Channel
1. The Franchisee shall dedicate capacity on one (1) Channel for the use by
educational institutions such as primary and secondary schools, but not “home”
schools, in the City of Paducah and McCracken County. It originates at the
McCracken County Public Library located at 555 Washington Street.
2. To the extent not otherwise provided for in Section II. A.3 above, the
Franchisee shall not exercise any control over programming.
D. City shall retain title to all PEG equipment currently in use for PEG purposes
which was purchased by Franchisee during the preceding franchise term.
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III. VIDEO ON DEMAND
A. To accommodate PEG programming in HD, Comcast will provide, for as long as
the Franchisee makes video on demand (“VOD”) available on its Cable System, in its
VOD offerings twenty-five (25) hours of either SD or HD Access programming or a
combination of both or such greater amount as may be mutually agreed to by the parties,
as designated and supplied by the City to the Franchisee. Franchise and City shall
execute a Video on Demand Licensing Agreement. Franchisee will not charge the City
for VOD unless Applicable Law allows Franchisee to impose such a charge and any such
change will be set at rates that are not discriminatory against the City.
B. The City’s content may be electronically transmitted and/or transferred and shall
be stored on the Franchisee’s VOD system. The City VOD Access programming will be
available to Subscribers twenty-four (24) hours per day, seven (7) days per week. Any
City Access programming pla ced on VOD shall be available to Subscribers free of
charge. The Franchisee will provide, upon City’s request, any aggregate data regarding
Subscriber use of the City’s programming on the VOD platform, if available to
Franchisee. Access programming content shall have the same viewing quality and
features (including program descriptions and search function) as all other free VOD
content on Franchisee’s Cable System. Programming submitted for placement on the
VOD system shall be placed on and available for viewing from the VOD system as soon
as possible from time of receipt of said programming and Franchisee will make best
efforts to provide a 24-hour turn-around, and in no case longer than seventy-two (72)
hours from receipt of said programming. Franchisee agrees to treat Access VOD
programming in a nondiscriminatory manner as compared to other similarly sit uated
providers of VOD content.
C. The City shall have the sole discretion to select the content of such Access VOD
programming and shall be responsible for such content. The City’s VOD programming
will be located on Franchisee’s on-demand menu pages on the second page or higher on a
button with the City’s choice of label). The City’s Access VOD programming will be
available in the City’s Franchise Area, or more broadly distributed at Franchisee’s option.
D. To the extent permitted, Franchisee shall authorize City to obtain from
Franchisee’s third party vendor, free of charge and at no cost to the City, monthly
viewership/traffic reports showing statistics for Access VOD programs, or Franchisee
shall provide (or require its third party vendor to provide) the City with access to online
dashboard analytics allowing City staff to directly access traffic information.
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Approval of contract with Adam's Contracting, LLC in the amount of $274,121 for the Perkins
Creek "Bob Leeper" Pedestrian Bridge project - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend
Presentation By: Rick Murphy
Background Information: On Tuesday, January 28, 2020, sealed bids were opened and read aloud for the
Perkins Creek "Bob Leeper" Pedestrian Bridge Project. Three responsive and responsible bids were received,
with Adams Contracting, LLC submitting the lowest bid in the amount of $274,121.00. This bid is 1.6% above
the Engineer's construction cost estimate.
This Project is funded in part with a Recreational Trails Program grant administered by the Kentucky
Department for Local Government in the amount of $100,000. Local funding of $80,000 from City of Paducah,
as approved by Ordinance 2019-6-8576, $30,000 from McCracken Fiscal Court, $30,000 from Four Rivers
Nuclear Partnership, $5,000 from GeoSynTec, and $5,000 from Veolia. An additional $80,000 will be
transferred from the Boyles Estate Trust (PF0049) to fund the project.
Does this Agenda Action Item align with a Strategic Plan Action Step? Yes
If yes, please list the Action Step Item Codes(s): R-10: Plan, design and construct recreational trails
near residential neighborhoods.
Funds Available:Account Name: Bob Leeper Bridge
Account Number: PA0119
Staff Recommendation: To receive and file bids and adopt an Ordinance authorizing and instructing the
Mayor to execute a contract with Adams Contracting, LLC in the amount of $274,121.00 for construction of
the Perkins Creek "Bob Leeper" Pedestrian Bridge. To authorize and instruct the Finance Director to move
$80,000 from the Boyles Estate Trust (PF0049) into the Bob Leeper Bridge (PA0119) project account.
Attachments:
1.Ordinance
2.Bid_Tab_Perkins Creek Pedestrian Bridge
3.Perkins Creek_Contract
ORDINANCE NO. 2020-_____-_______
AN ORDINANCE ACCEPTING THE BID OF ADAMS CONTRACTING,
LLC, IN THE AMOUNT OF $274,121 FOR THE PERKINS CREEK “BOB LEEPER”
PEDESTRIAN BRIDGE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah accepts the bid of Adams Contracting,
LLC, in the amount of $274,121, for the Perkins Creek “Bob Leeper” Pedestrian Bridge Project,
said bid being in substantial compliance with bid specifications, and advertisement for bids, as
contained in the bid of Adams Contracting, LLC, of January 28, 2020.
SECTION 2. That the Mayor is hereby authorized to execute a contract with
Adams Contracting, LLC, for the Perkins Creek “Bob Leeper” Pedestrian Bridge Project,
authorized in Section 1 above, according to the specifications, bid proposal and all contract
documents heretofore approved and incorporated in the bid.
SECTION 3. That the Finance Director is hereby authorized and instructed to
transfer $80,000 from the Boyles Estate Trust (PF0049) into the Bob Leeper Bridge (PA0119)
project account. The expenditure, authorized by Section 1 above, shall be charged to the Bob
Leeper Bridge Project Account No. PA0119.
SECTION 4. This Ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
______________________________
Brandi Harless, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, February 25, 2020
Adopted by the Board of Commissioners, ____________________________
Recorded by Lindsay Parish, City Clerk, ____________________________
Published by The Paducah Sun, _________________________________
\ord\eng\agree- Adams Contracting Bob Leeper Pedestrian Bridge Construction
00500
AGREEMENT
Page 1 of 2
CITY OF PADUCAH, KENTUCKY
ENGINEERING DEPARTMENT
AGREEMENT FOR PERKINS CREEK PEDESTRIAN BRIDGE PROJECT
THIS AGREEMENT, made this day of , 20__ by and between the CITY OF
PADUCAH, hereinafter called the OWNER, and ADAMS CONTRACTING, LLC hereinafter called the
CONTRACTOR, for the consideration hereinafter named, agree as follows:
ARTICLE 1. SCOPE OF WORK
The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services
necessary for the construction of the PERKINS CREEK PEDESTRIAN BRIDGE PROJECT. All Work
shall be in accordance with this Agreement, the Plans, Specifications and any Addendum(s) issued.
Throughout the performance of this Contract, the Engineering-Public Works Department of the
City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of
Paducah. All work done by the Contractor shall be completed under the general supervision of the
Engineer.
ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
The Contractor hereby agrees to commence work under this contract on or before a date to be
specified in the Notice to Proceed and to fully complete the project within One Hundred Eighty (180)
consecutive calendar days thereafter.
Failure of the Contractor to complete the work in the time specified above plus any extensions
allowed in accordance with the General Conditions shall result in the assessment of liquidated damages
for the delay (not as a penalty). Liquidated damages shall be in the amount of $500.00 per consecutive
calendar day for failure to meet the final completion date and shall be withheld from final payment.
ARTICLE 3. THE CONTRACT SUM
The Owner agrees to pay the Contractor for the performance of the Contract, subject to additions
and deductions provided therein: TWO HUNDRED, SEVENTY-FOUR THOUSAND, ONE HUNDRED,
TWENTY-ONE DOLLARS ($274,121.00) as quoted in the Bid Proposal by the Contractor dated January
28, 2020 which shall constitute full compensation for the work and services authorized herein.
ARTICLE 4. PROGRESS PAYMENTS
The Contractor may submit each month, and no more than once a month, a Request for Payment
for work completed in accordance with the Specifications. The Owner will make partial payments on or
about thirty (30) days after submission of a properly completed invoice and approval of the completed
work. At the Engineer’s discretion, a ten percent (10%) retainage may be held until final completion and
acceptance of the work.
ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT
Final payment shall be due sixty, (60) days after substantial completion of the work, provided the
work will then be fully completed and the Contract fully performed in accordance with the specifications.
00500
AGREEMENT
Page 2 of 2
ARTICLE 6. GOVERNING LAW
The Parties agree that this Agreement and any legal actions concerning its validity, interpretation
and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further
agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken
County, Kentucky.
ARTICLE 7. THE CONTRACT DOCUMENTS
The Plans, Specifications and any addendum that may have been issued are fully a part of this
Contract as if thereto attached or herein repeated.
IN WITNESS WHEREOF:
The parties hereto have executed this Agreement, the day and year first above written.
ADAMS CONTRACTING, LLC CITY OF PADUCAH, KENTUCKY
BY __________________________ BY ____________________________
Scott Adams, President Brandi Harless, Mayor
ADDRESS: ADDRESS:
131 Prosperous Place, Suite 19A Post Office Box 2267
Lexington, Kentucky 40509 Paducah, Kentucky 42002-2267
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Approval of Professional Services Contract with BFW Engineering & Testing, Inc. in the amount
of $52,204 for the Floodwall Seal Closure Project - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend
Presentation By: Rick Murphy
Background Information: On July 25, 2017, the City of Paducah and the U.S. Army Corp of Engineers
entered into a Project Partnership Agreement (PPA) authorizing the construction of the Ohio River Shoreline,
Paducah, Kentucky, Reconstruction Project for flood risk management. The PPA was approved by the Paducah
Board of Commissioners through Ordinance No. 2017-5-8484 on May 9, 2017.
Federal regulations require cost-sharing for the PPA of 65% Federal Share and 35% Non-Federal Sponsor
Share. The Non-Federal Sponsor Share includes both cash and in-kind contributions. As part of the City’s in-
kind contribution, a fee proposal has been requested for design plans suitable for bidding for the permanent
closure or alteration of 13 floodwall openings. The cost of the design contract will be counted as Non-Federal
Sponsor Share in-kind match.
BFW Engineering & Design has proposed a not-to-exceed fee of $52,204 for the preparation of bid plans
including a plan and section of each opening, surveying of two openings where plans do not exist, use of
existing technical drawings where available, technical specifications, design meetings, construction
administration during construction, pre-placement inspection for each concrete placement, inspection and
sample collection during each concrete placement, and sample testing.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name: Seal Closures
Account Number: FW0011
Staff Recommendation: Authorize and instruct the Mayor to sign the professional services contract with
BFW Engineering & Testing, Inc. in the amount of $52,204 for professional services related to the Floodwall
Seal Closure Project.
Attachments:
1.Ordinance
2.Floodwall Seal Closure Proposal_BFW
ORDINANCE NO. 2020-_____-_______
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BFW
ENGINEERING & TESTING, INC. IN AN AMOUNT NOT TO
EXCEED $52,204 FOR THE FLOODWALL SEAL CLOSURE
PROJECT
WHEREAS, on July 25, 2017, the City of Paducah and the U.S. Army Corp of
Engineers entered into a Project Partnership Agreement (PPA) authorizing the construction of
the Ohio River Shoreline, Paducah, Kentucky, Reconstruction Project for flood risk
management; and
WHEREAS, federal regulations require cost-sharing for the PPA of 65% Federal Share
and 35% Non-Federal Sponsor Share. The Non-Federal Sponsor Share includes both cash and in-
kind contributions; and
WHEREAS, as part of the City’s in-kind contribution, a fee proposal has been requested
for design plans suitable for bidding for the permanent closure or alteration of 13 floodwall
openings; and
WHEREAS, BFW Engineering & Testing has proposed a not-to-exceed fee of $52,204
for the preparation of bid plans including a plan and section of each opening, surveying of two
openings where plans do not exist, use of existing technical drawings where available, technical
specifications, design meetings, construction administration during construction, pre-placement
inspection for each concrete placement, inspection and sample collection during each concrete
placement, and sample testing; and
WHEREAS, a written determination has been made by the City Manager that this
constitutes a professional services purchase and will be a noncompetitive negotiation purchase,
pursuant to KRS 45A.380(3).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City Commission does hereby accept the proposal of BFW
Engineering & Testing, Inc. to provide professional services for the Floodwall Seal Closure
Project in an amount not to exceed $52,204.
SECTION 2. The City Commission does hereby authorize and instruct the Mayor
to execute the Professional Services Agreement with BFW Engineering & Testing, Inc. on behalf
of the City of Paducah.
SECTION 3. This expenditure shall be charged to the Seal Closures Project No.
FW0011.
SECTION 4. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
____________________________________
Brandi Harless, Mayor
ATTEST:
__________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, February 25, 2020
Adopted by the Board of Commissioners, ________________________
Recorded by Lindsay Parish, City Clerk, _________________________
Published by The Paducah Sun, ___________________________
\ord\eng\agree - BFW Floodwall Seal Closure Project
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Amend Code of Ordinances Section 78-32 Related to Vacation Leave - S SUAZO
Category: Ordinance
Staff Work By: Stefanie Suazo
Presentation By: Stefanie Suazo
Background Information: The accruals in the vacation leave ordinance for non-union employees were last
amended in 1991. This amendment increases the vacation accruals for employees not included in a contractual
agreement with the City to match the accruals in the Paducah Police Department Bargaining Unit. This
amendment aligns with the City's goals to be a competitive employer to enhance employee recruitment and
retention.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: Amend Code of Ordinances Section 78-32 Related to Vacation Leave
Attachments:
1.Ordinance
ORDINANCE NO. 2020-_____-_______
AN ORDINANCE AMENDING CHAPTER 78
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH
WHEREAS, the City of Paducah values the employees and staff members of the City of
Paducah; and
WHEREAS, the City of Paducah wishes to recruit and retain quality employees by
offering competitive benefits; and
WHEREAS, the City of Paducah now wishes to amend Chapter 78 of the Code of
Ordinances of the City of Paducah, to increase the accrual of vacation leave
proportionately to the number of years of employee service.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky, hereby amends Chapter 78 of the
Paducah Code of Ordinances as follows:
Sec. 78-32. – Vacation leave.
(a) Generally.
(1) Except for uniformed members of the Police and Fire Departments, all employees
shall receive vacation time as follows:[ During the first year of employment, vacation
time shall accrue at the rate of one-half (½) day per month for a total of six (6) days.
Between the beginning of the second and the beginning of the fifth (5th) year of
employment, employees shall accrue vacation at the rate of five-sixths ( 5/6 ) days per
month, for a total of ten (10) days per year. From the beginning of the fifth year to the
beginning of the tenth (10th) year of employment, the accrual rate shall be one (1)
day per month for a total of twelve (12) days per year. Between the beginning of the
tenth year and the beginning of the fifteenth year of service, the accrual rate shall be
one and one-fourth (1 ¼) days per month for a total of fifteen (15) days per year.
Between the beginning of the fifteenth year and the beginning of the twentieth year of
service, the accrual rate shall be one and one-half (1 ½) days per month for a total of
eighteen (18) days' vacation per year. From the beginning of the twentieth year
through the twenty-fifth year of service, the accrual rate of vacation will be one and
three-fourth (1 ¾) days per month for a total of twenty-one (21) days per year. For all
employees with more than twenty-five (25) years of service, the accrual rate of
vacation shall be two (2) days per month for a total of twenty-four (24) days per
year.]
During the first nine (9) years of employment, vacation time shall accrue per pay
period for a total of 120 hours per year.
At the beginning of the tenth year, vacation time shall accrue per pay period for a
total of 160 hours per year.
At the beginning of the fifteenth year, vacation time shall accrue per pay period for a
total of 200 hours per year.
At the beginning of the twentieth year, vacation time shall accrue per pay period for a
total of 240 hours per year.
Each member may accrue up to a maximum of 400 hours of vacation at any one time.
Absence for a fraction or part of a day that is chargeable to vacation in accordance
with the provisions of this article shall be charged proportionately in an amount not
smaller than one (1) hour increments.
(2) An employee may accumulate up to a maximum of [fifty (50) days] four hundred
(400) hours of vacation at any one (1) time. Upon termination of employment, all
employees shall be paid for any unused vacation leave not to exceed [fifty (50)
working days] four hundred (400) working hours. No vacation leave shall be credited
to any employee until such time as the employee has worked for the City for six (6)
consecutive months, after which the vacation leave shall be credited from the date of
employment.
(3) After obtaining vacation eligibility, an employee may take vacation as may be
reasonably scheduled with the employee's department director as hereinafter set
forth in subsection (h) of this section, or, in the case of a department director, as
may be scheduled with the City Manager.
(4) A month in which an employee is paid for twelve (12) days or more shall be
considered as a month of service.
(b) Police Department.
All present sworn and nonsworn employees [uniformed members] of the Police
Department shall [continue to] receive vacation at the rate set forth above. All
members of the collective bargaining unit shall receive the rates set forth in the current
agreement. [of one and one-fourth (1 ¼) days of vacation for each month of
employment with the City for a total of fifteen (15) days per year, except for those
members who have begun their fifteenth year of service with the City, who shall
receive vacation at the increased rate as hereinafter set forth.
(1) All uniformed members employed after June 30, 1980, shall receive vacation time
as follows: During the first fourteen (14) years of employment, vacation time shall
accrue at the rate of one and one-fourth (1 ¼) days per month for a total of fifteen
(15) days per year. Between the beginning of the fifteenth year and the beginning
of the twentieth year, members shall accrue vacation at the rate of one and one-half
(1 ½) days per month for a total of eighteen (18) days per year. From the
beginning of the twentieth year to the beginning of the twenty-fifth year of
employment, the accrual rate shall be one and three-fourth (1 ¾) days per month
for a total of twenty-one (21) days per year. For all members with more than
twenty-four (24) years of service, the accrual rate for vacation shall be two (2)
days per month for a total of twenty-four (24) days per year.]
(2) Each member may accrue up to a maximum of fifty (50) days of vacation at any
one (1) time.
[…]
SECTION 2. Changes to employee vacation accrual as outlined in Section 1, above,
shall begin for the pay period starting March 12, 2020.
SECTION 3. This Ordinance shall be read on two separate days and become effective
upon summary publication pursuant to KRS Chapter 424.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, February 25, 2020
Adopted by the Board of Commissioners, _____________________________
Recorded by the City Clerk, ______________________________
Published by The Paducah Sun, ___________________________
ORD\78-32 Increase to Vacation leave
Agenda Action Form
Paducah City Commission
Meeting Date: February 25, 2020
Short Title: Approve a Budget Amendment in the amount of $1.5 Million for BUILD Grant Match and
Project Related Expenses - J ARNDT
Category: Ordinance
Staff Work By: Audra Herndon, Lindsay Parish, Jonathan Perkins, Ty Wilson
Presentation By: James Arndt
Background Information: This ordinance approves a budget amendment in the amount of $1,500,000 from
the General Fund Unreserved Fund Balance into the Build Grant Project Account #DT0050. These funds will
be used as matching funds for the Better Utilizing Investments to Leverage Development (BUILD) Grant
program which has been awarded to the City of Paducah by the U.S. Department of Transportation. These
matching funds along with the $10.4 million awarded by the U.S. Department of Transportation will be used
for the Riverfront Commons which includes Riverboat Excursion Pier and Plaza, Bike, Pedestrian, and
Broadband Linkages, and Improvements to the landing near the Transient Boat Dock.
Does this Agenda Action Item align with a Strategic Plan Action Step? Yes
If yes, please list the Action Step Item Codes(s): E-4: Continue developing the riverfront from the
Carson Center to the Convention Center
Funds Available:Account Name: Build Grant Project
Account Number: DT0050
Staff Recommendation: Approve the budget amendment.
Attachments:
1.budget amend 2019-20 - February 2020 (3rd Amendment)
ORDINANCE NO. 2020-_____-______
AN ORDINANCE AMENDING ORDINANCE NO. 2019-6-8578,
ENTITLED, “AN ORDINANCE ADOPTING THE CITY OF PADUCAH,
KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1,
2019, THROUGH JUNE 30, 2020, BY ESTIMATING REVENUES AND
RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY
GOVERNMENT”
WHEREAS, the City of Paducah has been awarded the Better Utilizing
Investments to Leverage Development (BUILD) Grant by the U.S. Department of
Transportation.; and
WHEREAS, funds now need to be transferred into an appropriate project
account for project related expenses and matching funds for the BUILD grant; and
WHEREAS, KRS prohibits expenses to exceed the budget in any
department and it is therefore necessary to amend the City’s FY2020 budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. That the annual budget for the fiscal year beginning July 1,
2019, and ending June 30, 2020, as adopted by Ordinance No. 2019-6-8578, be amended
by the following re-appropriations:
Transfer $1,500,000 from the FY2020 General Fund Unreserved Fund
Balance to the BUILD Grant Project (DT0050) Project Account
SECTION 2. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
______________________________
Brandi Harless, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, February 25, 2020
Adopted by the Board of Commissioners, _______________________
Recorded Lindsay Parish, City Clerk, ________________________
Published by The Paducah Sun, ______________________
\ord\finance\budget amend 2019-20 - February 2020 (3rd Amendment)