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HomeMy WebLinkAboutCCMPacket2021-01-26CITY COMMISSION MEETING AGENDA FOR JANUARY 26, 2021 5:30 PM VIDEO AND/OR AUDIO TELECONFERENCE MEETING Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and return to the City Clerk’s Office no later than 3:30 p.m. on the day of the Commission Meeting. The Mayor will call on you to speak during the Public Comments section of the Agenda ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PRESENTATION Representative Randy Bridges and Senator Danny Carroll 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 January 12, 2021 B.Receive & File Documents C.Personnel Actions D.Purchase of Rollout Containers, Lids and Additional Replacement Parts from Toter, Inc. - C YARBER E.Approve an updated Pay and Position Schedule for fiscal year 2021 - S SUAZO II. BOARD APPOINTMENT(S) A.Appointment of Randy DeHart, P.E., to the Commissioners of Water Works B.Appointment of Mike Sims to the Paducah - McCracken County Riverport Authority Board III. MUNICIPAL ORDER(S) A.Approve agreement with Paducah Public Schools for School Resource Officers - B LAIRD IV. ORDINANCE(S) - ADOPTION A. Approve the Consensual Annexation of 5540 Cairo Road - J SOMMER B. Permitting for Dredging Project- Contract for Professional Services with HDR Engineering, Inc. for $266,250.00 - R MURPHY C. Flap Gate Replacement Project- Contract for Professional Services with HDR Engineering, Inc. for $79,550.00 - R MURPHY D. Reimbursement Agreement with Paducah McCracken County Joint Sewer Agency for Video Pipe Inspection for the Paducah Local Flood Protection Project - R MURPHY E. Closure of Two Alleys, One Extending North Off Broadway toward Jefferson Street and the Other Extending West off North Water Street toward North 2nd Street, Located at 133 Broadway and 111 North Water Street - R MURPHY V. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VI. EXECUTIVE SESSION January 12, 2021 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, January 12, 2021, at 5:30 p.m., Mayor Bray presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). In order to keep the Commission and public safe in the midst of the COVID-19 outbreak and in accordance with Kentucky Executive Order 2020-243, all members of the Board of Commissioners participated using video teleconferencing. Further, this meeting was not open to the public. The public was invited to view the meeting on YouTube at https://www.youtube.com/user/paducahkygov or on the government access channel Government 11 (Comcast channel 11). INVOCATION: Commissioner Henderson led the invocation PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. There were no items removed. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for the December 15, 2020 Paducah Board of Commissioners Meeting I(B) Receive & File Documents: Minute File: 1. Notice of Called Joint Meeting between the Board of Commissioners of the City of Paducah, Kentucky, and the McCracken Fiscal Court – December 15, 2020 2. Oath of Office for Mayor George Bray 3. Oath of Office for Commissioner Carol Gault 4. Oath of Office for Commissioner David Guess 5. Oath of Office for Commissioner Raynarldo Henderson 6. Oath of Office for Commissioner Sandra Wilson Contract File: 1. One-Year Renewal Agreement – Compost Grinding of Tree Debris and Yard Waste – Central Paving Company – MO #2081 2. Contract between the City of Paducah and Galls, LLC for purchase of uniform and gear for Paducah Police Department MO #2403 3. Invoice for Consultant Services – KEDFA – Tax Increment Financing – Downtown Riverfront Development Project $25,000 MO #2408 4. Interlocal Agreement for Fire and Rescue Services - Water Response MO #2412 5. Contract For Services – KOA Hills Consulting, LLC $95,200, MO #2413 January 12, 2021 6. Contract For Services – Retail Strategies, LLC $40,000, MO #2414 7. Paducah-McCracken County Emergency Operations Plan – Updated July 1, 2020 – and Executive Order - MO #2415 8. Agreement between City of Paducah and Finley Fire Equipment for purchase of one (1) pumper truck in the amount of $515,360 and Notice of Award – MO #2417 9. Commonwealth of Kentucky and the City of Paducah – Coronavirus Relief Fund For States – MO #2418 10. Contract For Services – City of Paducah – W. C. Young Community Center – signed by City Manager 11. Scope of Work & Proposed Engineering Fee – Bacon/Farmer/Workman – Design for 25th and 24th Street Projects – ORD 2020-11-8661 12. Amendment #3 to Agreement For Professional Engineering Services – between City of Paducah and HDR Engineering, Inc., - Pump Stations #3 and #9 - $81,500 ORD 2020-11-8662 13. Tennessee RiverTowns Program State 1: Celebrate Partnership Agreement – between the Tennessee RiverLine and Paducah-McCracken County – signed by City Manager October, 2020 Financials File: 1. Financial Highlights – Paducah Water Works – ending October 31, 2020 Bids File: 1. Response to Request for Engineering Services Contract – South 25th Street Improvement Project – Bacon/Farmer/Workman 2. Request For Bid -Finley Fire Equipment – One (1) Pumper Truck I(C) Personnel Actions I(D) A MUNICIPAL ORDER ACCEPTING THE PROPOSAL OF KEMPER CPA GROUP, LLP FOR THE PREPARATION OF THE CITY’S COMPREHENSIVE ANNUAL FINANCIAL REPORTS FOR FISCAL YEARS ENDING JUNE 30, 2021, 2022, AND 2023, IN AN AMOUNT NOT TO EXCEED $168,700 AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME (MO #2420; BK 11) I(E) A MUNICIPAL ORDER APPROVING THE EXECUTION OF A GRANT APPLICATION AND ALL DOCUMENTS NECESSARY TO OBTAIN AN AFRICAN AMERICAN CIVIL RIGHTS GRANT, THROUGH THE NATIONAL PARK SERVICE, IN AN AMOUNT NOT TO EXCEED $50,000.00, ON BEHALF OF THE HOTEL METROPOLITAN (MO #2421; BK 11) I(F) A MUNICIPAL ORDER ENACTING A VOLUNTARY EXTENSION OF THE LEAVE POLICY FOR THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT TO PROVIDE ADDITIONAL LEAVE TIME AND PROTECTIONS TO ELIGIBLE EMPLOYEES OF THE CITY OF PADUCAH RELATED TO THE COVID-19 PANDEMIC THROUGH MARCH 31, 2021 (MO #2422; BK 11) Commissioner Gault offered motion, seconded by Commissioner Guess, that the items on the consent agenda be adopted as presented. January 12, 2021 Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). BOARD APPOINTMENTS APPOINTMENT OF COMMISSIONER DAVID GUESS AND REAPPOINTMENT OF JIMMY REX SMITH II AND HOWARD FINLEY TO THE BROOKS STADIUM COMMISISON Mayor Bray offered Motion, seconded by Commissioner Wilson that the Board of Commissioners approve the action of Mayor Bray in the appointment of David Guess to replace Richard Abraham, whose term has expired, to the Brooks Stadium Commission, said term shall expire December 31, 2022, and to reappoint Jimmy Rex Smith II and Howard Finley to the Brooks Stadium Commission, said terms shall expire December 5, 2024. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). APPOINTMENT OF COMMISSIONER DAVID GUESS AND REAPPOINTMENT OF EDDIE BARKER TO THE COMMISSIONERS OF WATER WORKS Mayor Bray offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners approve the action of Mayor Bray in the appointment of David Guess to replace Gerald Watkins, whose term has expired, to the Commissioners of Water Works, said term shall expire December 31, 2022, and to reappoint Eddie Barker to the Commissioners of Water Works, said terms shall expire January 6, 2025. Adopted on call of the roll yeas, Commissioners Gault, Henderson, Wilson and Mayor Bray (4). Commissioner Guess abstained from the vote. REAPPOINTMENT OF COMMISSIONER SANDRA WILSON TO THE ELECTRIC PLANT BOARD Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners approve the action of Mayor Bray in the reappointment of Sandra Wilson, to the Electric Plant Board, said term shall expire December 31, 2022. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, and Mayor Bray (4). Commissioner Wilson abstained from the vote. APPOINTMENT OF COMMISSIONER RAYNARLDO HENDERSON TO THE MUNICIPAL HOUSING COMMISSION Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of Commissioners approve the action of Mayor Bray in the appointment of Raynarldo Henderson as the Mayor’s designee to the Municipal Housing Commission. Said term shall expire December 31, 2022. January 12, 2021 Adopted on call of the roll yeas, Commissioners Gault, Guess, Wilson, and Mayor Bray (4). Commissioner Henderson abstained from the vote. APPOINTMENT OF COMMISSIONER CAROL GAULT TO THE PADUCAH- McCRACKEN COUNTY JOINT SEWER AGENCY Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners approve the action of Mayor Bray in the appointment of Carol Gault, to the Paducah-McCracken County Joint Sewer Agency to replace Brenda McElroy, whose term has expired. Said term shall expire December 31, 2022 Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson, and Mayor Bray (4). Commissioner Gault abstained from the vote. APPOINTMENT OF MAYOR GEORGE GRAY TO THE PADUCAH MONUMENT COMMITTEE Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of Commissioners to appoint George Bray, to the Monument Board to replace Brandi Harless, whose term has expired. Said term shall expire December 31, 2024. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, and Wilson (4). Mayor Bray abstained from the vote. APPOINTMENT OF MELINDA WINCHESTER TO THE CODE ENFORCEMENT BOARD Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of Commissioners approve the action of Mayor Bray in the appointment of Melinda Winchester to the Code Enforcement Board to replace Carol Gault, who resigned. Said term shall expire August 22, 2023. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). REAPPOINTMENT OF COMMISSIONER SANDRA WILSON TO THE PADUCAH RIVERFRONT DEVELOPMENT ADVISORY BOARD (PRDA) Commissioner Henderson offered Motion, seconded by Commissioner Guess that the Board of Commissioners approve the action of Mayor Bray in the reappointment of Sandra Wilson to the Paducah Riverfront Development Advisory Board. Said term shall expire December 31, 2022. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, and Mayor Bray (4). Commissioner Wilson abstained from the vote. January 12, 2021 III. MOTIONS APPOINTMENT OF COMMISSIONER SANDRA WILSON AS MAYOR PRO TEM Commissioner Gault offered Motion, seconded by Commissioner Henderson, that Commissioner Sandra Wilson be nominated and elected Mayor Pro Tem of the City of Paducah to serve in this capacity until the expiration of her present term as City Commissioner. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, and Mayor Bray (4). Commissioner Wilson abstained from the vote. IV. MUNICIPAL ORDER APPROVE TERMINATION OF THE AGREEMENT WITH LOSE & ASSOCIATES, INC., FOR AN INDOOR RECREATION & AQUATIC FACILITY DESIGN AND MANAGEMENT SERVICES Commissioner Henderson offered Motion, seconded by Commissioner Gault, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER TERMINATING THE AGREEMENT WITH LOSE & ASSOCIATES, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR AN INDOOR RECREATION AND AQUATICS FACILITY.” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (MO #2423; BK 11) ORDINANCE – EMERGENCY ALCOHOLIC BEVERAGE LIENSE RENEWAL WAIVER Mayor Bray offered Motion, seconded by Commissioner Henderson, the Board of Commissioners adopt an Emergency Ordinance entitled, “AN ORDINANCE AUTHORIZING THE ONE-TIME WAIVING OF LOCAL ALCOHOLIC BEVERAGE LICENSE RENEWAL FEES FOR CERTAIN ALCOHOL LICENSE TYPES FOR THE JANUARY 31, 2021, RENEWAL DEADLINE TO MITIGATE THE IMPACT OF THE COVID-19 PANDEMIC AND DECLARING AN EMERGENCY TO EXIST.” This Ordinance is summarized as follows: That the annual alcoholic beverage license renewal fee set forth in Paducah Code of Ordinances Sec. 6-37 shall be waived for license renewals with a deadline of January 31, 2021, for the following license types: • Brewer’s License • Caterer’s License • Extended Hours Supplemental License • Microbrewery License • NQ-1 Retail Drink License • NQ-2 Retail Drink License • NQ-3 Retail Drink License • NQ-4 Retail Malt Beverage Drink License January 12, 2021 • Qualified Historic Site License • Quota Retail Drink License • Special Sunday Retail Drink License • Supplemental Bar License All other renewal fees, except for those waived shall remain in full force and effect and be due and payable on or before the January 31, 2021, deadline. Further, this waiver does not apply to alcohol license renewals due and payable on or before August 31, 2021, or any renewal fees due and payable thereafter. Additionally, there shall be no waiver of fees for new alcoholic beverage licenses. Each business entity whose license renewal fee is waived pursuant to this Ordinance shall be required to submit to the Paducah Finance Department a copy of the business’s 2022 State Alcoholic Beverage License on or before January 31, 2021, in order to receive their local Alcoholic Beverage License. Further, each business entity’s business license, payroll taxes, and property taxes must be current with the Paducah Finance Department in order for the local alcohol license to be issued. Pursuant to KRS 83A.060, the City Commission suspends the requirement of a second reading of this ordinance. As grounds therefor, the City Commission does hereby declare an emergency to exist due to the need to mitigate the local economic effects of the COVID-19 pandemic and the fact that the deadline for alcohol license renewal fees is approaching. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (ORD 2020-12-8667; BK 36) ORDINANCE ADOPTION GREENWAY TRAIL PHASE V – CHANGE ORDER #1 TO JIM SMITH CONTRACTING, LLC CONTRACT FOR $37,585.10 Commissioner Wilson offered Motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH JIM SMITH CONTRACTING, LLC, TO INCREASE THE CONTRACT BY $37,585.10 FOR THE GREENWAY TRAIL PHASE V PROJECT.” This ordinance is summarized as follows: This ordinance authorizes the execution of Change Order No. 1 for an increase in the net amount of $37,585.10 with Jim Smith Contracting, LLC, for a new total contract cost of $516,935.60 for the Greenway Trail Phase V project.” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (ORD 2020-12-8668; BK 36) ORDINANCE INTRODUCTIONS APPROVE THE CONSESUAL ANNEXATION OF 5540 OLD CAIRO ROAD Commissioner Wilson offered Motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an ordinance entitled, “AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED January 12, 2021 WITHIN THE SAID CORPORATE LIMITS.” This Ordinance is summarized as follows: The City of Paducah hereby approves the final annexation of certain tracts of property contiguous to the present city limits, located at 5540 Cairo Road, containing 11.029 acres. PERMITTING FOR DREDGING PROJECT – CONTRACT FOR PROFESSIONAL SERVICES WITH HDR ENGINEERING, INC., IN THE AMOUNT OF $266,250 Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. IN AN AMOUNT OF $266,250 FOR PROFESSIONAL SERVICES FOR THE PERMITTING FOR DREDGING PROJECT.” This Ordinance is summarized as follows: This Ordinance authorizes the Mayor to execute a professional services agreement in an amount of $266,250 with HDR Engineering, Inc. for professional services related to the permitting for dredging project. This expenditure shall be charged to Dredging Project No. DT0047. FLAP GATE REPLACEMENT PROJECT – CONTRACT FOR PROFESSIONAL SERVICES WITH HDR ENGINEERING, INC., IN THE AMOUNT OF $79,550 Commissioner Wilson offered Motion, seconded by Commissioner Guess that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. IN AN AMOUNT OF $79,550 FOR PROFESSIONAL SERVICES FOR THE FLAP GATE REPLACEMENT PROJECT.” This Ordinance is summarized as follows: This Ordinance authorizes the Mayor to execute a professional services agreement in an amount of $79,550 with HDR Engineering, Inc. for professional services related to the flap gate replacement project. This expenditure shall be charged to the Flap Gates Project No. FW0010 REIMBURSEMENT AGAREEMENT WITH PADUCAH-McCRACKEN COUNTY JOINT SEWER AGENCY FOR VIDEO PIPE INSPECTION FOR THE PADUCAH LOCAL FLOOD PROTECTION PROJECT Commissioner Gault offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH THE PADUCAH MCCRACKEN COUNTY JOINT SEWER AGENCY FOR REIMBURSEMENT OF COSTS ASSOCIATED WITH VIDEO PIPE INSPECTION OF ALL GRAVITY DRAINS TRAVERSING THE PADUCAH LOCAL FLOOD PROTECTION PROJECT.” This Ordinance is summarized as follows: That the City Commission does hereby authorize the Mayor to execute a Reimbursement Agreement with the Paducah McCracken County Joint Sewer Agency for reimbursement of costs associated with video pipe inspection of all gravity drains traversing the Paducah Local Flood Protection Project as required by the U.S. Army Corps of Engineers. This expenditure shall be charged to the MAP Fund – Construction materials/Storm Sewer Account No. 23002217-53920. CLOSURE OF TWO ALLEYS, ONE EXTENDING NORTH OFF BROADWAY TOWARD JEFFERSON STREET AND THE OTHER EXTENDING WEST OFF NORTH WATER STREET TOWARD NORTH 2ND STREET, LOCATED AT 133 BROADWAY AND 111 NORTH WATER STREET January 12, 2021 Commissioner Gault offered Motion, seconded by Commissioner Wilson, that the Board of Commissioner introduce an ordinance entitled, “AN ORDINANCE PROVIDING FOR THE CLOSING OF TWO ALLEYS, ONE EXTENDING NORTH OFF BROADWAY TOWARD JEFFERSON STREET BETWEEN NORTH WATER STREET AND NORTH 2ND STREET AND THE OTHER EXTENDING WEST OFF NORTH WATER STREET TOWARD NORTH 2ND STREET BETWEEN BROADWAY AND JEFFERSON STREET LOCATED AT 133 BROADWAY AND 111 NORTH WATER STREET, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME.” This ordinance is summarized as follows: The City of Paducah does hereby authorize the closing of two alleys bounded by Broadway, North Water Street, Jefferson Street & North 2nd Street located at 133 Broadway and 111 North Water Street and authorizing the Mayor to execute all documents relating to same. The City of Paducah is the only property owner in or abutting the public way, and therefor has given their written and notarized consent to the closing shall be evidenced by the adoption of this Ordinance. CITY MANAGER COMMENTS • Welcomed the Mayor and new Commissioner aboard. • Mary Hammond informed him that Paducah was recognized in two travel publications; (1) Travel & Leisure and (2) Departures. • CITY COMMISSION COMMENTS • Commissioner Gault congratulated Commissioner Wilson on her appointment as Mayor Pro Tem. She is looking forward to serving with this Commission. • Commissioner Henderson said he was excited for the opportunity to serve. Commended City Manager Jim Arndt and the entire staff for the smooth transition and thanked them for making it such an easy process. • Commissioner Wilson thanked all the staff who prepared for the Swearing-In Ceremony. • Mayor Bray expressed his appreciation to City Manager Arndt, Assistant City Manager Michelle Smolen, City Clerk Lindsay Parish, IT Director Stephen Chino and the entire staff. He is excited to work with this Commission. Made additional comments regarding COVID-19 numbers in Western Kentucky and the coming availability of the vaccine EXECUTIVE SESSION Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topics:  Issues which might lead to the appointment, dismissal or disciplining of an employee, as permitted by KRS 61.810(1)(f) Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) January 12, 2021 RECONVENE IN OPEN SESSION Mayor Bray offered motion, seconded by Commissioner Wilson, that the Paducah Board of Commissioners reconvene in open session. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Henderson, to adjourn the meeting of the Paducah Board of Commissioners. All in favor. Meeting ended at approximately 7:23 p.m. ADOPTED: January 26, 2021 ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk January 26, 2021 Minute File: 1. Notice of Cancellation of the Board of Commissioners Meeting scheduled for December 22, 2020 2. Notice of a Regular Meeting of the Board of Commissioners of the City of Paducah, scheduled for 5:30 p.m. on Tuesday, January 12,2021. Meeting held virtually. Contract File: 1. Tolling Agreement between Jim Smith Contracting, Co., JSC Terminal (d/b/a Midwest Terminal) and City of Paducah – MO #2410 2. Agreement with Paducah Convention & Visitors Bureau regarding Lou Hammond Group – MO #2414 3. Termination of Agreement between City of Paducah and Lose Design – MO #2423 4. Interlocal Cooperation Agreement between City of Paducah, County of McCracken, Paducah/McCracken County Industrial Development Authority (IDA) and Greater Paducah Economic Development Council – ORD 2020-12-8664 CITY OF PADUCAH January 26, 2021 Upon the recommendation of the City Manager's Office, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. Michelle Smolen City Manager's Office Signature 1/21/2021 Date CITY OF PADUCAH CITY OF PADUCAH PERSONNEL ACTIONS PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION E-911 AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Abbott, Hannah Telecommunicator Telecommunicator NCS Non-Ex January 28, 2021 $18.97/hr $19.54/hr Buckingham, Rebecca Shift Supervisor Telecommunicator NCS Non-Ex January 8, 2021 $23.24/hr $22.58/hr Collins, Samantha Telecommunicator Telecommunicator NCS Non-Ex January 28, 2021 $22.56/hr $25.24/hr Fowler, Hillary Telecommunicator Telecommunicator NCS Non-Ex January 28, 2021 $18.60/hr $19.16/hr Genis, Kim Telecommunicator Telecommunicator NCS Non-Ex January 28, 2021 $21.90/hr $22.34/hr Goins, Stephanie Interim Shift Supervisor Interim Shift Supervisor NCS Non-Ex January 28, 2021 $22.56/hr $24.40/hr Hood, Robyn E-911 Communication Services Manager E-911 Communication Services Manager NCS Ex January 28, 2021 $38.39/hr $39.54/hr Lambert, Sarah 911 System Administrator 911 System Administrator NCS Ex January 28, 2021 $24.15/hr $24.87/hr Martin, Tara Telecommunicator Telecommunicator NCS Non-Ex January 28, 2021 $20.24/hr $20.85/hr Noland, Stacey Telecommunicator Telecommunicator NCS Non-Ex January 28, 2021 $21.90/hr $22.56/hr Peery, Laura Senior Administrative Assistant Senior Administrative Assistant NCS Non-Ex January 28, 2021 $23.41/hr $24.11/hr Puckett, Ashleigh Telecommunicator Telecommunicator NCS Non-Ex January 28, 2021 $21.90/hr $22.34/hr Quinn, Courtney Telecommunicator Telecommunicator NCS Non-Ex January 28, 2021 $22.56/hr $24.24/hr Reed, Taryn Telecommunicator Telecommunicator NCS Non-Ex January 28, 2021 $22.56/hr $23.24/hr Spears, Amber Shift Supervisor Shift Supervisor NCS Non-Ex January 28, 2021 $25.35/hr $26.11/hr Taylor, Serena Telecommunicator Interim Shift Supervisor NCS Non-Ex January 14, 2021 $21.90/hr $23.00/hr Whitley, Allyson Shift Supervisor Shift Supervisor NCS Non-Ex January 28, 2021 $24.90/hr $26.65/hr CUSTOMER EXPEREINCE Sherwood, Alexandra C. Customer Experience Representative Customer Experience Representative NCS Non-Ex January 28, 2021 $17.87/hr $18.41/hr Warmath, Christopher J. Customer Experience Representative Customer Experience Representative NCS Non-Ex January 28, 2021 $17.87/hr $18.23/hr FIRE - SUPPRESSION Holzapfel, Johnathon Firefighter Relief Driver NCS Non-Ex January 14, 2021 $14.99/hr $15.81/hr Matheny, Jeremy Firefighter Relief Driver NCS Non-Ex December 31, 2020 $14.99/hr $15.81/hr McKinney, Shea Firefighter Relief Driver NCS Non-Ex December 31, 2020 $14.99/hr $15.81/hr Rathman, Ronnie Battalion Chief Battalion Chief NCS Ex January 14, 2021 $38.55/hr $39.71/hr PARKS & RECREATION Wilson, Lessa Senior Administrative Assistance Senior Administrative Assistance NCS Non-Ex January 14, 2021 $21.91/hr $22.57/hr POLICE Antonites, Nathan Captain Captain NCS Ex January 28, 2021 $36.61/hr $37.71/hr Baxter, Christopher Captain Captain NCS Ex January 28, 2021 January 26, 2021 CITY OF PADUCAH PERSONNEL ACTIONS January 26, 2021 $37.72/hr $38.85/hr Copeland, Anthony J. Assistant Chief Assistant Chief NCS Ex January 28, 2021 $40.94/hr $42.58/hr Crowell, Justin Assistant Chief Assistant Chief NCS Ex January 28, 2021 $40.94/hr $42.58/hr Barkley, Meridith Evidence Technician Evidence Technician NCS Non-Ex January 28, 2021 $16.29/hr $16.62/hr Farrell, Mary Records Clerk Records Clerk NCS Non-Ex January 28, 2021 $16.04/hr $16.52/hr Fooshee, Amanda Senior Evidence Technician Senior Evidence Technician NCS Non-Ex January 28, 2021 $18.08/hr $18.44/hr Hayes, Joseph A. Captain Captain NCS Ex January 28, 2021 $37.70/hr $38.83/hr Miller, Sabrina Records Clerk Records Clerk NCS Non-Ex January 28, 2021 $16.04/hr $16.36/hr Miller, Vicki L. Records Clerk Records Clerk NCS Non-Ex January 28, 2021 $18.83/hr $19.40/hr Newberry, Robin L. Senior Administrative Assistant Senior Administrative Assistant NCS Non-Ex January 28, 2021 $26.10/hr $26.88/hr Newlon, Kimberly G. Senior Records Clerk Senior Records Clerk NCS Non-Ex January 28, 2021 $19.09/hr $19.66/hr Smith, Matthew L. Captain Captain NCS Ex January 28, 2021 $37.70/hr $38.83/hr Travis, Amy P. Records Manager Records Manager NCS Ex January 28, 2021 $21.18/hr $21.60/hr Turner, Troy Captain Captain NCS Ex January 28, 2021 $36.81/hr $37.91/hr PARKS & RECREATION POSITION REASON EFFECTIVE DATE Byas, Jaylon Laborer - Parks Maintenance Resignation January 3, 2021 Newberry, Peyton Laborer - Parks Maintenance Resignation January 23, 2021 Styers, James B. Laborer - Parks Maintenance Resignation January 3, 2021 PLANNING Tracy, Tammera Director of Planning Resignation January 19, 2021 PUBLIC WORKS Vickery, William ROW- Streets Resignation January 27, 2021 TERMINATIONS - FULL-TIME (F/T) Agenda Action Form Paducah City Commission Meeting Date: January 26, 2021 Short Title: Purchase of Rollout Containers, Lids and Additional Replacement Parts from Toter, Inc. - C YARBER Category: Municipal Order Staff Work By: Latrisha Pryor Presentation By: Chris Yarber Background Information: Equipment available under National Intergovernmental Purchasing Alliance (IPA) Contract Number 171717, therefore, competitive bidding is not required. Thus requesting authorization be given to allow purchases not to exceed $75,000.00 for roll-out containers, lids, and additional replacement parts from Toter, Inc. throughout the fiscal year 2021 for the Solid Waste Division. 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: Solid Waste Fund - Equipment Other Account Number: 50002209-542190 Staff Recommendation: That the City of Paducah hereby authorizes the Finance Director to make payment to Toter, Inc., for the purchase of roll-out containers, lids, and replacement parts for the 2020-2021 fiscal year, in an amount not to exceed $75,000.00 and authorizes the Mayor to execute all documents related to same. These containers and accessories will be used by customers within the City limits of Paducah served by the Solid Waste Division, Public Works Department. This purchase is made in compliance with the National Intergovernmental Purchasing Alliance (IPA) Contract Number 171717. Attachments: 1.MEMO RE PROCUREMENT OF ROLL OUT CONTAINERS (00213889x9D931) 2.MO - refuse-rollout containers 2021 Paducah Bank Building, Suite 301 555 Jefferson Street P.O. Box 969 Paducah, Kentucky 42002-0969 TELEPHONE: (270) 450-8253 FACSIMILE: (270) 450-8259 MEMORANDUM TO: Chris Yarber, City of Paducah FROM: Lisa Emmons, Holly Homra DATE: August 30, 2018 RE: Procurement of Roll-Outs for Solid Waste ______________________________________________________________________________ You have inquired about whether the City of Paducah may purchase roll-out trash receptacles from the National Intergovernmental Purchasing Alliance without placing this contract out for bids. After researching this issue, we have determined that the City may do so. The National Intergovernmental Purchasing Alliance (National IPA) is a cooperative purchasing organization that works with governmental entities to competitively bid and award contracts for the purchase of services and supplies. Contracts are bid in accordance with state procurement requirements so that they can be used by many types of governmental entities, including states, counties, cities, special agencies, and educational institutions. To do this, National IPA partners with “lead agencies” which prepare a Request for Proposals (RFP) for specific services or supplies. Vendors then competitively bid on these RFPs, and a contract is awarded to the best bidder. Once a contract is awarded, all participating governmental agencies can deal directly with the successful vendor, using the National IPA contract. The Kentucky Model Procurement Code allows cooperative purchasing of this nature. Pursuant to the Code, a public purchasing unit (here, the City of Paducah) may participate in a cooperative purchasing agreement with another public purchasing unit or foreign purchasing activity (here, the National Intergovernmental Purchasing Alliance) for the acquisition of any supplies or services. See, KRS 45A.300. By opting into the National IPA, the City has entered into a cooperative purchasing agreement and can use this agreement to purchase the above-mentioned roll-out receptacles and any other products offered through National IPA without having to use its own time and resources to put these contracts out for bids. MUNICIPAL ORDER NO. __________ A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF ROLL-OUT CONTAINERS, LIDS AND ADDITIONAL REPLACEMENT PARTS FROM TOTER, INC., IN AN AMOUNT NOT TO EXCEED $75,000 FOR THE PUBLIC WORKS SOLID WASTE DIVISION WHEREAS, the Public Works Solid Waste Division is in need of new roll-out solid waste containers for distribution to the citizens of Paducah as required for solid waste pick-up; and WHEREAS, this equipment is available under National Intergovernmental Purchasing Alliance (IPA) Contract Number 171717, and, therefore, competitive bidding is not required; and WHEREAS, in order to allow the purchase for additional roll-outs, lids and replacement parts as necessary throughout the fiscal year, the Solid Waste Division is requesting that authorization be given to allow purchases in an amount not to exceed $75,000. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Finance Director to make payment to Toter, Inc., for the purchase of roll-out refuse containers, lids and replacement parts for the 2020-2021 fiscal year, in an amount not to exceed the City’s budgeted amount of $75,000 and authorizes the Mayor to execute all documents related to same. These containers and accessories will be used by customers within the City limits of Paducah served by the Solid Waste Division, Public Works Department. This purchase is made in compliance with the National Intergovernmental Purchasing Alliance (IPA) Contract Number 171717. SECTION 2. This expenditure shall be charged to the Solid Waste Fund – Equipment Other, Account 50002209-542190. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. ________________________________ Mayor George Bray ATTEST: _______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, January 26, 2021 Recorded by Lindsay Parish, City Clerk, January 26, 2021 \mo\refuse-rollout containers 2021 Agenda Action Form Paducah City Commission Meeting Date: January 26, 2021 Short Title: Approve an updated Pay and Position Schedule for fiscal year 2021 - S SUAZO Category: Municipal Order Staff Work By: Stefanie Suazo Presentation By: Stefanie Suazo Background Information: The Position and Pay Schedule adjust changes to staff compensation based on new and previously approved merit increases. It also authorizes a new Network Administrator position to the Information Technology Department. This schedule will assist Finance for fiscal year 2022 budgeting. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Implement Measures to Recruit & Retain Quality City Employees. Funds Available:Account Name: Account Number: Staff Recommendation: Adopt the proposed Position & Pay Schedule and adjustments. Attachments: 1.MO Position and Pay Schedule FY2020-2021 1-26-21 2.Copy of Position and Pay Schedule -January 26 2021 MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER AMENDING THE FY2020-2021 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City Commission adopted Municipal Order No. 2350 on June 24, 2020, approving the FY2020-2021 Position and Pay Schedule; and WHEREAS, the City Commission adopted Municipal Order No. 2385 to make certain adjustments to pay and positions based on the results of the Classification and Compensation Study; and WHEREAS, the City Commission now wishes to amend the FY2020-2021 Position and Pay Schedule to make certain necessary changes to staff compensation based on new and previously approved merit increases and also to authorize a new Network Administrator position for the In formation Technology Department; and WHEREAS, in order to implement the changes, it is necessary to amend the FY2020-2021 Position and Pay Schedule. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby amends the FY2020-2021 Position and Pay Schedule for the employees of the City of Paducah as attached hereto and made part hereof (Exhibit A). SECTION 2. This Order will be in full force and effect from and after the date of its adoption. ______________________________ George Bray, Mayor ATTEST: ___________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, January 26, 2021 Recorded by Lindsay Parish, City Clerk, January 26, 2021 mo/Position and Pay Schedule FY2020-2021 1-26-21 Agenda Action Form Paducah City Commission Meeting Date: January 26, 2021 Short Title: Approve agreement with Paducah Public Schools for School Resource Officers - B LAIRD Category: Municipal Order Staff Work By: Brian Laird, Anthony Copeland, Ty Wilson Presentation By: Brian Laird Background Information: In March 2020, the City of Paducah applied for a grant through the Office of Community Oriented Policing Services (COPS). The purpose of the grant was to fund the hiring of three (3) police officers that will serve as School Resource Officers in partnership with the Paducah Independent School District. The City if Paducah received approval of a grant award in an amount up to $375,000 and formally approved acceptance of the grant on July 28, 2020. The COPS grant requires a Memorandum of Understanding (MOU) to be executed between the City of Paducah and Paducah Independent School District. The purpose of the MOU is to clearly define roles and responsibilities, along with the purpose of the program. Additionally, the MOU outlines the financial obligations of Paducah Independent School District. On January 11, 2021, the Board of Education for the Paducah Independent School District approved the Memorandum of Understanding. 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 the agreement. Attachments: 1.sro paducah agreement 2.Municipal Order - MOU-Paducah Independent School District – Resource Officers 2021 MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PADUCAH AND THE PADUCAH INDEPENDENT SCHOOL DISTRICT, TO ESTABLISH A PARTNERSHIP TO ALLOW THREE (3) PADUCAH POLICE OFFICERS TO SERVE AS SCHOOL RESOURCE OFFICERS. WHEREAS, in March 2020, the City of Paducah applied for a grant through the Office of Community Oriented Policing Services (COPS). The purpose of the grant was to fund the hiring of three (3) police officers that will serve as School Resource Officers in partnership with the Paducah Independent School District, and WHEREAS, the City if Paducah received approval of a grant award in an amount up to $375,000 and formally approved acceptance of the grant by adopting Municipal Order 2369 on August 11, 2020; and WHEREAS, the City of Paducah now wishes to enter into a Memorandum of Understanding with the Paducah Independent School District to clearly define roles and responsibilities, along with the purpose of the program, and the financial obligations of Paducah Independent School District. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute a Memorandum of Understanding, in substantially the form attached hereto and made part hereof (Exhibit A), between the City of Paducah and the Paducah Independent School District to establish a partnership to allow three (3) Paducah police officers to serve as school resource officers, and to clearly define roles and responsibilities, along with the purpose of the program. Additionally, the MOU will outline the financial obligations of Paducah Independent School District SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ Mayor George Bray ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, January 26, 2021 Recorded by Lindsay Parish, City Clerk, January 26, 2021 \mo\MOU-Paducah Independent School District – Resource Officers 2021 Exhibit A Memorandum of Understanding THIS AGREEMENT made and entered into this _______ day of_______, 2021, by and between the City of Paducah and the Paducah Public School System for four (4) years commencing August ___, 2021 and expiring August ___ 2025. It is expressly agreed and understood that the Paducah Public School System and the City of Paducah shall not be bound hereby beyond the foregoing four (4) year term but may continue the services as set forth herein, at which time a new Agreement will be negotiated. WITNESSETH: WHEREAS as part of HB330 and as particularly codified in KRS 158.441, the 1998 General Assembly authorized the provisions for School Resource Officer (hereinafter “SRO”) services by means of a contract to be entered into by a local school district through its Board and a law enforcement agency; WHEREAS, the Paducah Public School System and the City of Paducah desire to set forth in this School Resource Officer Agreement (hereinafter “SRO Agreement”) the specific terms and conditions of the services to be provided by said SRO and School System; WHEREAS, the City of Paducah has been awarded $375,000 from the Department of Justice, Community Oriented Policing Services (COPS) Hiring Program (CHP) (award number 2020UMWX0363) and the funds from that award will be used to assist in the funding of this Agreement; WHEREAS, the use of the CHP funds are authorized by CHP because Paducah Public School System is located within the jurisdiction of the City of Paducah. I. Purpose The purpose of this Agreement is to engage in a partnership between the Paducah Police Department and the Paducah Public School System for the establishment of a School Resource Officer Program (hereinafter “SRO Program”). The establishment of the SRO Program will be executed in conjunction with the U.S. Department of Justice, Community Oriented Policing Services (hereinafter “COPS”) School Resource Officer COPS Hiring Program (hereinafter “CHP”). The Paducah Police Department, contingent on the availability of and hiring of qualified officers to fulfill the role of SRO, will endeavor to provide three (3) certified police officers for the duration of this Agreement. The purpose of establishing this SRO Program will be to provide the youth of the community with a safe learning environment which is free of distractions created by the fear of violence. In doing this, each SRO will assist in meeting the needs of students to help create a promising future while building stronger relationships between the youth of the community and the law enforcement officers tasked with their protection. II. Roles and Responsibilities of the Paducah Police Department The Paducah Police Department SRO team will be tasked with the following duties: The Paducah Police Department will: • Employing certified police officers, including, without limitation, (1) the payment of all salary, wages, and benefits; (2) maintenance of workers’ compensation, unemployment and other insurances; and (3) making all necessary tax withholdings. • Provide a safe and secure learning environment for students and teachers. • Coordinate with other community resources such as non-profits that provide services to youth in need, the Cabinet for Health and Family Services, the Department of Juvenile Justice, Child Protective Services, Paducah Schools Student Resource Office, and other partners who may assist in the development of the youth of our community. • Provide safety training and education for both students and school faculty. • Promote positive relationships between the Paducah Police Department, youth, their parents and faculty. • Ensure the SRO is a positive role model who upholds both the values of the Paducah Police Department and complies with the policies and procedures of the Paducah Public School System. • Ensure the SRO assists with security at special events, sporting events and other after-school programs as designated by the school administration and a designee of the Chief of Police. • Provide criminal reporting and investigate services as outlined by Kentucky Revised Statutes, Paducah Police Department Policies and Procedures and Paducah Public School System Policies and Procedures. • Maintain detailed records and reports of weekly activities for both the school and police department chain of command. • Assist with school security measures and security assessments. • Assist with the implementation of the maintenance of youth programs such as, Handle With Care as outlined in the School Safety & Resiliency Act, Family Accountability, Intervention and Response Team (FAIR Team), D.A.R.E. and the Summer Lunch Program. • Take appropriate law-enforcement action when necessary while weighing the protection and safety of students. • Assist with victim advocacy of at-risk students. • Assist with the administration of KRS 156.095, KRS 158.1559, KRS 158.4412, 158.162, KRS 620.030 and the directives outlined therein. • Take an active role in Positive Behavior Interventions and Supports (PBIS) within the school. • Ensure that only under exigent circumstances or through direct supervisor approval shall the SRO leave the campus during school hours. In fulfilling these duties, the Paducah Public School System understands that the SRO(s) will not act as a school disciplinarian, as disciplining students is the responsibility of the school. Acts of truancy and violations of the school’s standards of conduct will be enforced by school faculty. III. Roles and Responsibilities of the Paducah Public School System The Paducah Public School System will: • Provide SRO(s) with a secure location for the storing of files, documents and personal belongings. • Provide a private location for the SRO(s) to speak with possible victims, at-risk youth, and youth who are suspected to be involved in criminal activity. • Provide usual and customary office supplies the SRO(s) may require. • Provide each SRO with a Paducah Public School System Policy and Procedure Manual. • IV. Authority All SRO(s) will be certified police officers as specified within KRS 15.380 to KRS 14.404. The Paducah Police Department recognizes and respects the authority of the principal, and his or her designee, to be the primary leader and manager of each school campus. The SRO, however, has the authority and responsibility to ensure proper decisions are made in reference to crimes, crime scenes, and any incidents that pose a serious threat to public safety. During any law enforcement-related event on a school campus, the SRO will consult the principal or designee in the law enforcement decisions being made to resolve the incident when feasible. During any law enforcement related event, it may become necessary for the SRO to temporarily take charge of the incident and/or school campus to protect the integrity of the investigation and/or crime scene and ensure the safety of the students and staff, until properly relieved. V. Chain of Command SRO(s) assigned to the Paducah Public School System shall follow the regular chain of command structure as established by the Paducah Police Department Policies and Procedures and as designated by the Chief of Police. Each SRO will be assigned to a designated school(s) and shall report to said school during regular session. The SRO(s) will meet and communicate with school faculty on a daily basis to address any needs or issues which may arise. VI. Training and Probationary Period SRO(s) will complete a National Association of School Resource Officers (NASRO) 40-hour basic training course within nine months of the CHP award date of _____________, 2021 or six months from the SRO hire date, whichever comes first. SRO(s) will also undergo a 12-month probationary period of monthly evaluations. The monthly evaluations will be conducted by the direct supervisor of each SRO(s) with input from school faculty. Once the 12-month probationary period is complete the SRO(s) will be placed on a quarterly evaluation cycle to be completed by their direct supervisor with input from school faculty. VII. Selection of SRO(s) SRO(s) shall be vetted in the same manner and by the same governing policies and procedures as all Paducah Police Department Officers. The Paducah Public School System shall be allowed to participate in the interviewing and selection of vetted and qualified applicants. The Paducah Public School System may request replacement or removal of an SRO for violations of the system’s policies and procedures and the Paducah Police Department will comply with all such reasonable requests. VIII. Cost Reimbursement The parties acknowledge and agree that the Paducah Public School System is responsible for and will reimburse the City of Paducah General Government for the cost and expenses as follows: The COPS CHP grant, which has been granted and by which this Agreement the City of Paducah shall administer, will fund up to 75% or $375,000, whichever is less, of the costs associated with the salary and fringe benefits of three (3) certified Paducah Police Officers for a period of four years. The rate of local responsibility and yearly reimbursement by the Paducah Public School System shall be set (in percentages) at: • Year 1 30% estimated at $119,446.43 1 • Year 2 32% estimated at $127,409.53 • Year 3 38% estimated at $151,298.82 • Year 4 50% estimated at $159,595.82 The City of Paducah will invoice the Paducah Public School System on a quarterly basis. During the 4th quarter billing cycle, the City of Paducah Finance department shall reconcile any payroll related changes to salary and fringe benefits. Examples of this include, but are not limited to, changes in Federal, State or Local payroll law and/or the Kentucky Retirement System. In the event that an SRO position cannot be filled, the Paducah Public School System will not be liable for reimbursement of the vacant position(s). IX. Equipment and Uniform The Paducah Police Department will be responsible for all costs related to the training, uniforms, and equipment for each SRO. This may include, but not be limited to, a Paducah Police Department vehicle, uniforms as designated by Paducah Police Department Policy and Bargaining Unit contract, and duty equipment. X. No Discrimination and/or Civil Rights Violations The Parties will endeavor to ensure that their employees and/or agents do not violate any discrimination and/or civil rights laws, specifically including, but not limited to: Section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); Section 901 of the Education Amendments 1 The parties hereby agree and understand that the four dollar figures contained herein are mere estimates and the actual dollar figures may be more or less than the estimates. of 1972 (20 U.S.C. § 1681); Section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); Section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); Section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); Section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and Section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)). XI. No Exclusion or Disqualification, Fraud, Bribery or Gratuity The Paducah Public School System hereby acknowledges and verifies that it is not excluded or disqualified from participation in federal assistance programs and agrees to comply with subpart C of the OMB guidance in 2 C.F.R. Part 180 (Government-wide Debarment and Suspension) and subpart C of 2 C.F.R. Part 2867 (DOJ-specific requirements). The Paducah Public School System also agrees that if it becomes aware of any federal violations involving fraud, bribery, or gratuity that may affect the awarded federal funds, it will immediately contact the Chief of Police of the Paducah Police Department so that a report may be made to the Department of Justice. XII. Entire Agreement The Parties Acknowledge that this is the entire agreement between them but further understand that this Agreement may be subject to modifications and revisions in an ongoing joint effort to keep same compliant with State and Federal laws and regulations. Entered into this the ________ day of ________________,_______. Paducah Public Schools City of Paducah BY: __________________________ BY:______________________________ Agenda Action Form Paducah City Commission Meeting Date: January 26, 2021 Short Title: Approve the Consensual Annexation of 5540 Cairo Road - J SOMMER Category: Ordinance Staff Work By: Josh Sommer Presentation By: Tammara Tracy Background Information: The Petitioner, Chemstation, is requesting annexation into the City of Paducah via letter dated November 13, 2020. The area proposed for annexation is 11.029 acres near Exit 3. Case #ANX2020-134. The Petitioner wishes to relocate their industrial cleaning business to the rear portion of the site to provide support services to existing businesses, including some in Commerce Park. One of the owner/operators of the business also plans on residing in the single-family residence located on the front portion of the site. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Approval of the annexation Attachments: 1.ORD - Annex 5440 Cairo Road 2.Base Map ANX2020-134 5540 Cairo Rd 3.Signed Request to Annex 4.Plat of Annexation 12-23-20 5540 Cairo Rd ORDINANCE NO. 2021-_____-________ AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS WHEREAS, the property, approximately 11.029 acres of land located at 5540 Cairo Road, is contiguous to the City of Paducah and particularly and accurately set out in the legal description below; and WHEREAS, said property is urban in character and will be developed and expanded upon by the business which has requested the annexation; and WHEREAS, the owner, Chemstation, has requested such annexation in writing to the Board of Commissioners; and WHEREAS, said tracts of land are not within the boundary of another incorporated city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah, Kentucky, annexes into the corporate limits and makes a part of the City of Paducah, Kentucky, said real property being more particularly and accurately described as follows: LEGAL DESCRIPTION OF ANNEXATION Lying on the Southerly side of Cairo Road (Kentucky Highway 305) and being the Heartland Janitorial Supplies LLC property recorded in Deed Book 1417, page 666 and part of the former Paducah & Illinois Railroad (now Paducah & Louisville Railway) property, McCracken County Court Clerk’s office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing ½” rebar with Illegible cap in the South right-of-way line of Cairo Road at the Northeasterly corner of the Brad and Jack Buchanan property per Deed Book 1279, page 335, said point being S 7°52’45” E 30.00 feet from a point in the centerline of said Cairo Road that is 663.07 feet as measured Eastwardly along said centerline from its intersection with the center of a 7 foot by 3 foot concrete box culvert crossing under said Cairo Road at Highway Station 76+ 29.7 feet that is approximately 823.5 feet as measured Eastwardly along said centerline from its intersection with the centerline of Shaffer Road; THENCE FROM SAID POINT OF BEGINNING N 82°07’15” E with the South right-of-way line of said Cairo Road 283.33 feet to a ½” rebar with cap 3732 set at PC Station 85+76.1 and the beginning of a curve to the left having a radius of 2,894.79 feet; thence Northeastwardly with said curve to the left in said South right-of-way line of Cairo Road ( a chord being N 80°14’ 58” E 154.83 feet) a distance of 154.84 feet to an existing ½” rebar with cap 1955 at the Northwesterly corner of the AAA Stow A Way LLC property per Deed Book 1349, page 234 and Lot 1 per Plat Section “H”, page 203, said point also being in the existing city limits line to the City of Paducah; thence S 22°39’ 53” W with the Westerly line of said AAA Stow A Way LLC property per Deed Book 1349, page 234 and Lot 1 per Plat Section “H”, page 203 and also said existing city limits to the City of Paducah and passing an existing 1” iron pipe at 1,180.81 feet for a total distance of 1,383.71 feet to a point in the Southerly right-of-way line to the former Paducah & Illinois Railroad (now Paducah & Louisville Railway) as previously established per “Waiver of Subdivision at the Industrial Park West” recorded in Plat Section “L”, page 1308; thence N 72°37’17” W with the Southerly right-of-way line of said former Paducah & Illinois Railroad (now Paducah & Louisville Railway) and Tracts C and F per Plat Section “L”, page 1308 and also the existing city limits line to the City of Paducah 374.26 feet to a point at its intersection with the Easterly line projected Southwestwardly of aforesaid Brad and Jack Buchanan property per Deed Book 1279, page 335; thence N 22°33’59” E with the Easterly line projected Southwestwardly and the Easterly line of said Brad and Jack Buchanan property per Deed Book 1279, page 335 and passing an existing ½” rebar with cap 1955 at 202.27 feet for a total distance of 1,191.21 feet to the Point of Beginning and containing 11.029 acres as shown on “Annexation Plat for Chemstation” prepared by Siteworx Survey & Design LLC dated December 23, 2020. SECTION 2. The City of Paducah hereby declares it desirable to annex the property described in Section 1 above. SECTION 3. If any section or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be deemed severable and shall not affect the validity of the remaining sections of the ordinance. SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ George Bray, Mayor ATTEST: ________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, January 12, 2021 Adopted by the Board of Commissioners, ___________________ Recorded by Paducah City Clerk, _________________________ Published by The Paducah Sun, ___________________________ ORD\Plan\Annex – 5440 Cairo Road CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance ______________ adopted by the Board of Commissioners of the City of Paducah at a meeting held on ____________________. WITNESS, my hand and seal of the City of Paducah, this _____ day of __________ __________, 20__. ______________________________ Lindsay Parish, City Clerk ANX2020-112Commerce Park Mall Exit 3 Exit 4 §¨¦I-24 Cairo Rd Olivet Church RdA ccess R dAccess RdShaffer RdCommerce Dr C olem an R dM eredith RdR in g R d T u c k R d Stanley RdCharter Oak DrJ ames San der s Bl v d Pe r e n n i a l L n E v a D r P a c e D r H e artla n d D r N a c e L n O rc h ard Vie w D rCarr RdNew Holt RdK elly L n Fairlane AveJordan DrE nterpris e D r Annexation Proposal ANX2020-134 5540 C airo Rd ´1,1 00 0 1,1 00550 Feet 124 South 31st Street - Paducah, Kentucky 42001 - Phone: (270) 443-8491 November 13, 2020 Mr. Josh Sommer City of Paducah Department of Planning P. O. Box 2267 300 South 5th Street Paducah, KY 42001-2267 RE: Request to Annex 5540 Old Cairo Road Paducah, KY Dear Josh: On behalf of the property owner, Chemstation, we are requesting the property located at 5540 Old Cairo Road to be annexed into the City of Paducah, and the zoning classification changed to M-1 & R-4, respectively. Enclosed you will find ten copies of the Plat of Annexation along with a legal description of the property to be annexed. The total size of the property to be annexed is 10.99 acres. Should you have any questions regarding these findings, or if you require any additional information, please feel free to contact me at (270) 366-1012. Sincerely, Siteworx Survey & Design, LLC Jason L. Goins, P. E. Principal Chemstation Tim Swinford Owner C A I R O R O A D60' RIGHT-OF-W A Y CL 11.029 AC. 480,427 SQ. FT. ANNEXED AREA TO BE (KY. HWY . 3 0 3 ) SITE LOCATION MAP NOT TO SCALE GENERAL SITE NOTES: CERTIFICATE OF ACKNOWLEDGMENTOWNERSHIP/DEDICATION CERTIFICATE CERTIFICATE OF RECORDING STATE OF KENTUCKY, COUNTY OF McCRACKEN SURVEYOR'S CERTIFICATE INTENT: DEDICATION APPROVAL MAYOR'S CERTIFICATE OF ( IN FEET ) GRAPHIC SCALE 1 inch = 100 ft. LEGEND 1 REV.DESCRIPTION DATE: DRAWN BY: PROJECT NO. : SHEET 124 South 31st Street - Paducah, KY 42001 - Ph: (270) 443-8491www.siteworxdesign.comOF 1HEARTLAND JANITORIAL SUPPLIES, LLC5540 CAIRO ROADPADUCAH, McCRACKEN COUNTY, KYPLAT OF ANNEXATIONTHE PLAT OF SURVEY SHOWN HEREON REPRESENTS ABOUNDARY SURVEY AND COMPLIES WITH 201KAR 18:150CHECKED BY:PADUCAH & LOUISVILLE RAILWAY NOTE: CAIRO ROAD NOTE: Agenda Action Form Paducah City Commission Meeting Date: January 26, 2021 Short Title: Permitting for Dredging Project- Contract for Professional Services with HDR Engineering, Inc. for $266,250.00 - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: On Sunday, October 11, 2020, the Engineering Department published in the Paducah Sun a Request for Qualifications for professional services related to the Permitting for Dredging Project. Proposals were due on October 29, 2020. The Engineering Department received two (2) Statements of Qualifications (SOQ) from HDR Engineering, Inc. and Synterra Corporation. The review committee consisted of Rick Murphy, Melanie Townsend, Pam Spencer, Ty Wilson, and Alexandra Sherwood. Each review team member reviewed the SOQs with HDR Engineering, Inc. having the highest cumulative score. On November 6, 2020 the Engineering Department notified both firms of the review committee's decision. At that time, a proposal of cost was requested from HDR Engineering, Inc. After careful review and negotiation with HDR Engineering Inc., a contract is submitted for $266,250.00 for permitting services through submission of permits to US Army Corps of Engineers and KY Division of Water. The Permitting for Dredging Project is funded through Federal Emergency Management Agency Public Assistance funds for 87% of the project cost. 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: Dredging Account Number: DT0047 Staff Recommendation: Authorize the Mayor to execute the contract with HDR Engineering, Inc. in the amount of $266,250.00 for professional services for the Permitting for Dredging Project. Attachments: 1.ORD – HDR Permitting for Dredging Project 2021 2._Proposal_City of Paducah_2021 Jan_ ORDINANCE NO. 2021-______-________ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. IN AN AMOUNT OF $266,250 FOR PROFESSIONAL SERVICES FOR THE PERMITTING FOR DREDGING PROJECT WHEREAS, on Sunday, October 11, 2020, the Engineering Department published in the Paducah Sun a Request for Qualifications for professional services related to the Permitting for Dredging Project. Proposals were due on October 29, 2020; and WHEREAS the Engineering Department received two (2) Statements of Qualifications (SOQ) from HDR Engineering, Inc. and Synterra Corporation; and WHEREAS, after careful review and negotiation the review committee selected HDR Engineering, Inc., and a contract was submitted for $266,250.00 for permitting services through submission of permits to US Army Corps of Engineers and KY Division of Water; and WHEREAS, the Permitting for Dredging Project is funded through Federal Emergency Management Agency Public Assistance funds for 87% of the project cost; 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 HDR Engineering, Inc., to provide professional services for the Permitting for Dredging Project in an amount of $266,250. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute the Professional Services Agreement with HDR Engineering, Inc. on behalf of the City of Paducah. SECTION 3. This expenditure shall be charged to the Dredging Project No. DT0047. SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ____________________________________ George Bray, Mayor ATTEST: __________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, January 12, 2021 Adopted by the Board of Commissioners, ____________________ Recorded by Lindsay Parish, City Clerk, _____________________ Published by The Paducah Sun, ________________________ \ord\eng\agree – HDR Permitting for Dredging Project 2021 hdrinc.com January 6, 2021 Mr. Rick Murphy, PE Via Email: rmurphy@paducahky.gov City of Paducah Engineer 300 South 5th Street P.O. Box 2267 Paducah, Kentucky 42002-2267 Subject: City of Paducah Riverfront – Transient Dock Project Proposal for Environmental Permitting Dear Mr. Murphy: HDR is pleased to present this proposal to the City of Paducah (City) for Environmental Permitting Services for Maintenance Dredging and Disposal Activities associated with the Paducah Riverfront Development – Transient Dock located along the Ohio River in McCracken County, Kentucky. This submittal includes HDR’s understanding of the project, proposed scope of services, and estimated budget and schedule. PROJECT UNDERSTANDING On October 31, 2012 the Louisville District of the United States Army Corps of Engineers (USACE), under Department of the Army (DA) Permit # LRL-2008-1267-A, authorized the construction of a land mass extending out into the water from the left (south) bank of the Ohio River near Paducah and a transient dock. The work included construction of a floating dock with an overlook, and a gangway with amenities, on the left bank of the river, extending from approximate river mile 934.8 to river mile 935.1. HDR understands that since the completion of the project in 2017, areas within the original project footprint on the downstream side of the land mass have undergone sediment accumulation to an extent that is hindering use of the facility. Sediment accumulation along the left descending bank downstream of the land mass and past the Midwest Terminal loading facility are estimated at 596,000 cubic yards (CY) of material. On June 15 and 16, 2020 HDR, on behalf of the City of Paducah, submitted a request for a DA Joint Permit and for an Individual Water Quality Certification to the Kentucky Division of Water (KDOW), respectively, for the Paducah Riverfront Transient Dock Access Improvement Project. While in coordination with the USACE, the KDOW floodplain management section in an August 18, 2020 letter denied issuing a permit due to the potential for negative impacts to the public water supply. The KDOW also requested documentation that the dredged and fill material placed in the floodway of the Ohio River would not result in an increase in base flood elevations. The City withdrew its application and decided to re-evaluate its options at that time. HDR understands that the City is evaluating options for permitting and performing maintenance dredging activities to return the transient dock area to the design depths authorized by the previous DA permit. Based on the mutually agreed dredging footprint of 7.45 acres around the transient dock and total volume of sediment to be dredged (30,000 CY per year or as needed for 10 years per 9-10-20 conference call), a USACE Individual Permit (IP) will likely be required. HDR further understands that the City is targeting deep water disposal of dredged material as the preferred disposal option approximately 3500’ downstream of the transient dock and further offshore to avoid the Paducah Water Intake structure which extends approximately 325’ into the river. Prior to performing dredging or disposal activities, the City must request and obtain authorization from the Louisville District of the USACE by submitting a Joint Application for an IP Authorization, along with a Clean Water Act (CWA) Section 404(b)(1) Alternatives Analysis. The Alternatives Analysis will evaluate options for dredging accumulated sediment and assess methods and potential locations for disposal of dredged material to identify the Least Environmentally Damaging Practicable Alternatives (LEDPA) for the proposed Transient Dock Maintenance Dredging Project (Project). In addition to the IP application package, the project will require a CWA Section 401 Water Quality Certification and floodplain management permit from the Kentucky Division of Water (KDOW) along with Section 10 authorization under the Rivers and Harbors Act. SCOPE OF WORK TASK 1 – PROJECT TEAM COORDINATION AND MEETINGS Complex regulatory permitting projects can be challenging in terms of maintaining schedule compliance and budget control. This task includes activities and project meetings (internal and external) required for tracking and maintenance compliance with the project scope, schedule and budget. HDR will address this challenge by maintaining frequent communications with the project team and by providing periodic project status updates. The purpose of Task 1 is to facilitate collaboration and coordination with representatives of the City (primarily through the City Engineer) and other resources. This task will also entail meetings with adjacent property/facility owners and other external agencies including resource agencies. Assumptions This task assumes coordination and the following virtual meetings listed in the bulleted items below for a period of 1.12 years as the estimated schedule indicates in the back of this submittal: · 6 periodic project calls (internal meetings) with the City to provide status updates and coordinate information requests and submittals. · 1 Meeting with adjacent property owner Midwest Terminal · 1 Meeting with adjacent property owner Paducah Water · 1 Interagency Pre- Application Meeting with the resource agencies including the USACE, KDOW, and the USFWS. The Pre-Application meeting will include a presentation and its goal will be to receive input / concurrence on the options being considered in the Project 404(b) (1) Alternatives. · 1 Meeting with the USFWS and USACE discussing the biolgoical assessment results and determination of formal consultation · 1 Meeting with the KDOW to discuss the merits for a No Rise certification as identified in the August 2020 response letter. TASK 2 – BATHYMETRIC SURVEY OF PROPOSED DEEP WATER DISPOSAL AREA (MER) Task 2.1 Dredge Location near Transient Dock HDR will use the most recent bathymetric survey data obtained from the City (March 2020) for use in the development of sediment deposition contours, aid in identification of dredge material locations and removal amounts, and mapping for the permit application. Task 2.2 Disposal Location in deep water downstream HDR will conduct a bathymetric survey of the proposed deep water disposal location using Moran Environmental Laboratory (MER) as a subconsultant to HDR. This survey is needed to provide actual bottom elevations for mussel surveys identified and discussed in TASK 5. Additionally, the survey will facilitate the hydraulic modeling of the disposal material by providing adequate sediment transport depths and locations. A report of findings including digital terrain mapping and recommendations for deep water disposal locations will be provided for this task. TASK 3 – SEDIMENT ANALYSIS HDR will provide sampling and testing services of sediments collected from the Ohio River. The determination of the sediment composition will be used by the hydraulic modeling effort in TASK 4.2. The resource agencies may inquire if the material to be dredged and disposed in the river is composed of environmental contaminants along with the physical components to identify its content (clay, silt, fines content, etc.). This project will consist of a field investigation, analytical testing (both physical and chemical), and development of a narrative memorandum discussing the findings of the investigation. HDR will collect grab soil samples from approximately 5 feet below the surface of the recently exposed land mass immediately downstream of the transient dock. Samples will be collected by hand auger from no more than three (3) discrete locations randomly chosen across the exposed area. Additionally, HDR will use the services of MER during the mussel survey effort (Task 5) to obtain sediment samples from 4 different sites immediately adjacent to the transient boat dock within the proposed dredge limits. MER will also take one sediment sample from the deep water location for use within the hydraulic modeling effort. Samples collected will be analyzed for gradation particle size, hydrometer, Atterberg Limits Index tests along with environmental testing for various constituents containing pesticides, heavy metals, hydrocarbons, volatile/semi-volatile organic compounds and PCBs. HDR will summarize the results in a narrative memorandum. TASK 4 – HYDRAULIC MODELING Task 4.1 No Rise Certification The Kentucky Division of Water (KDOW) floodplain section in an August 2020 letter, from the June 2020 permit submittal, has requested a no-rise certification for the disposal of dredged material in the middle of the river. The dredging and redistribution of up to 30K CY of material within the FEMA Floodway Boundary will require an evaluation and summary of the water surface impacts to the 1%-annual-chance Base Flood Elevation as a result of this activity. HDR staff will collect the most current effective FEMA information, terrain and bathymetric data, and hydraulic structure record data for the study area to be used in the modeling effort. We will use this information to develop both existing and proposed models. HDR will use the current FEMA Effective 1%-annual chance flood flows in the analysis. Hydraulic Modeling using the Duplicative Effective Model, Existing Condition Model, and Proposed Conditions Modeling will be obtained. Once modeling is complete, HDR will provide the results in a report developed to satisfy KDOW requirements for a no-rise evaluation. Task 4.2 Deep Water Disposal Site Impact Analysis Along with the disposal of up to 30K CY of dredged material in the middle of the river, the resource agencies will need to know if and where the disposal material will be ultimately re- distributed along the substrate with a predominant flow regime in the river. This analysis will also seek to determine the planform size of deposition area for a given flow range (low, medium, and high), and whether the material is deposited in the proposed area on the map during low flows. Data collection will include representative riverbed sediment samples to be collected in the vicinity of the dredge and disposal site locations and processed in a geotechnical laboratory to provide bed gradation curves for the sedimentation analysis. See TASK 3 for this scope of work. River flows of varying frequency will also be determined based on flood frequency analysis for various sediment transport evaluations. Hydraulic modeling and sediment transport analysis modules will be used to develop the planform size of the deposition area. Upon completion of the impacts analysis, a report will be developed to document the modeling approach and results. Task 4.3 Midwest Terminal Extension Presently, the Midwest Terminal conveyance line location is being filled in with sediment along the shoreline. Midwest Terminal unloads barges at this location and with the considerable deposition of sediment there, they are looking at extending the offloading facility further out into the river because of shallow water depths. As part of future efforts that may be necessary to obtain a permit to extend the facility into the river and also to potentially assist in the design of a proposed extension, hydraulic/sedimentation modeling will be needed to show how far out into the river the conveyer system may need to be extended based upon adequate depths for barges. This analysis will also seek to evaluate how far out in the river the deposition will keep occurring until it stops (reaching a quasi-equilibrium state) and the barges can moor to offload. In order to consider extending the Offload Facility, it will be necessary to incorporate the existing infrastructure into a 2-D hydrodynamic model. This model will be used to assess impacts to both sedimentation and water surface elevations. The input data and hydrologic events are those obtained in TASK 4.2 above. The SRH-2D movable-bed module will be run for a range of flows to analyze the potential sedimentation impacts associated with the existing and proposed terminal extension as well as to assist in determining how far out into the river the conveyer system needs to extend based upon adequate depths for barges. The completion of the terminal extension analysis is a critical component as a part of mitigating this matter. Therefore, the draft report will be developed to document the modeling approach and significant results to determine a resolution of this recently discovered problem. TASK 5 – FRESHWATER MUSSEL SURVEY (MER) Task 5.1 Freshwater Mussel Survey The purpose of the mussel survey will be to determine if concentrations of mussels exist at the proposed disposal site, and if the potential exists for federally listed endangered or threatened mussel species to be present within and adjacent to these areas. This survey on the Ohio River will include semi-quantitative and qualitative methods. The mussels survey accounts for up to five days spent surveying the proposed disposal area. Thirteen transects (semi-quantitative searches) in total, to be searched within the proposed disposal area, each 200 meters in length, will be surveyed. The thirteen transects at the disposal area will be positioned perpendicular to the flow of the river but will begin and end within the river. The transect searches for the proposed disposal area will be spaced approximately 50 meters apart. Task 5.2 Freshwater Mussel Survey at Potential Midwest Terminal Extension The extent of the survey is expected to last up to two days at the potential Midwest Terminal expansion area. Transect searches are presently proposed at two locations and surveying methods for the expansion are anticipated to be comprised of transect searches 100 meters in length, extending towards the channel off the riverward face of facility’s current extent, arrayed perpendicular to the river flow, and spaced out 50 meters from each other. Task 5.3 Freshwater Mussel Survey Report The malacologist will be responsible for maintaining a detailed field journal of the daily activities and all data collected. The journal will include all information necessary to provide a scientifically valid technical report. The report will include all relevant information for the project including, but not limited to: the species of each individual mussel collected, the number of mussels of each mussel species, water depths, substrate classifications, mussel densities observed per each 10-meter by 1-meter transect search section, catch per unit effort (CPUE) number for each timed qualitative search, if performed, and mussel number/density distribution patterns along the transect search lines. Maps will be included of the survey area showing the positions of each transect search and approximate timed qualitative search area, if performed. Tabular data of mussel species and their abundances and densities, along with stream depths and substrate classifications, will also be included. Report preparation will be prepared in a timely manner after project completion and then submitted to the client for distribution to the relevant regulatory entities. Assumptions It is highly unlikely that extant mussel populations will exist in the proposed dredging areas due to the significant sediment deposition demonstrated over the last four years. Consequently, we have assumed no mussel survey will be performed within the proposed dredge area. If the resource agencies require mussel surveys in the dredged area, additional fees will be warranted. TASK 6 – USACE JOINT SECTION 10/404 INDIVIDUAL PERMIT APPLICATION PACKAGE Task 6.1 Section 10/404 Individual Permit Application HDR will develop a joint Section 10/401/404 permit application package for submittal to the Louisville District office of the USACE. HDR recognizes that existing information from the prior permitting effort (June 2020) will be beneficial in the development of the application package. HDR will review and incorporate existing information, to the extent practicable. While the application package must include much of the same information provided in prior permitting and assessment efforts, that information must be condensed, confirmed for continued relevance and accuracy, and/or distilled to relate to the scope of the proposed activities under this proposal. Additionally, the proposed disposal area will require CAD development with extents, depths, bathymetric survey details, and sediment deposition contours developed from TASK 4.2. Existing information that will be reviewed and incorporated in the IP application includes: · Description of existing aquatic resources within the Project Area; · Jurisdictional determination letter from USACE (as applicable); · Background information and description of the original project (June 2020) as it relates to the current permitting effort; · Details and figures describing pre-development site conditions (as needed); · Discussion of potentially regulated resources in the Project Area (e.g. threatened and endangered species, cultural resources, etc.); and · Description of mitigation-related efforts from previously permitted activities at the site. 6.1.1 DESKTOP COORDINATION SURVEY OF FEDERALLY PROTECTED SPECIES AND SECTION 7 CONSULTATION As part of the permit application development process, HDR will obtain a USFWS threatened and endangered species list by providing a shapefile of the proposed dredge and disposal areas to the USFWS Information Planning and Consultation (IPAC) tool. HDR will perform an evaluation of each of the IPAC tool listed species and the potential effects of the project on those species. Prior to the submittal of the permit package, the freshwater mussel survey in TASK 5 will be performed for the proposed disposal location. This survey will be conducted by Moran Environmental Recovery (MER) personnel as a sub consultant to HDR. TASK 6.1.2 CULTURAL RESOURCES SECTION 106 CONSULTATION Documentation from the June 2020 permit submittal will be used to provide evidence of no significant historic, architectural, or archaeological areas that are located within or near the Project Impact Area. Assumptions This sub-task does not include on-site historical and archaeological surveys. Should review of the bathymetric survey data in TASK 2 yield sufficient evidence of questionable underwater areas which could contain historic or archaeological sites, additional fees may be required to address these if the USACE does not concur with the submitted documentation and require an on-site historical and archaeological survey. Task 6.2 Section 404(b) (1) Alternatives Analysis HDR will complete a CWA Section 404(b) (1) Alternatives Analysis for the Project, which will consist of an evaluation of potential dredging methods (e.g., hydraulic cutterhead dredging versus mechanical), disposal methods (e.g., in-water versus upland), and potential locations for placement of dredged sediment. The analysis will include an evaluation of potential indirect and cumulative impacts from the proposed project activities. The Ohio River, in the vicinity of the proposed Project, has been designated as a special aquatic site. Guidelines at 40 CFR 230.10(a) provide two rebuttable presumptions for projects seeking authorization to discharge into waters of the US that are designated as special aquatic sites, and that do not require access or siting within the special aquatic site(s) to achieve their purpose and need. The first presumption states that alternatives that do not affect special aquatic sites are presumed to be available. The second presumption states that practicable alternatives located in non-special aquatic sites have less adverse impact on the aquatic ecosystem. In order to receive authorization for in-water disposal of dredged material from the Project Area, the analysis will need to clearly demonstrate that both presumptions have been rebutted. HDR will develop the alternatives analysis with the goal of evaluating the available dredging and disposal options (upland and in-water) that will achieve the project purpose and need. Task 6.3 Compensatory Mitigation Depending on the agency-approved approach for dredging and sediment disposal, compensatory mitigation may be required to offset project-related impacts. If required, HDR will determine the quantity of compensatory mitigation required as a result of the Project, and will then identify available mitigation options (e.g., mitigation banks or in-lieu fee programs). HDR will coordinate, on behalf of the City, with an approved mitigation bank or in-lieu fee program to compensate for unavoidable impacts to jurisdictional waters. This fee does not include development of a mitigation plan if the City wishes to pursue on- or off-site mitigation. Assumptions The draft IP application package submittal date is contingent upon the completion of the necessary TASKS 1-5 identified above and the relevant review of those materials to meet the purpose and need of the project following the City’s goals and objectives. The final IP application package will be submitted to the City for review and comments at least three (3) weeks prior to the scheduled agency submittal date. The proposed submittal dates provided in this proposal are subject to change based on the timely provision of comments from the City. Further, the proposed schedule provided in this proposal is contingent upon agency concurrence with the conceptual approach (i.e., dredging methodology and in-water disposal location) presented at the Inter-agency Pre-application Meeting (see Task 1 above). This task does not include mitigation efforts or fees that result from a formal ESA Section 7 consultation with the USFWS. Formal ESA Section 7 consultation is described in TASK 8 and occurs post TASK 1 pre application meeting or later after the permit submittal. HDR assumes that fees associated with permitting applications and mitigation will be paid by the City. TASK 7 – STATE 401 WATER QUALITY CERTIFICATION APPLICATION Kentucky Division of Water has a separate application that must be submitted to request a Section 401 Water Quality Certification and Floodplain Permit for the proposed Project. HDR will complete the application document, and to the extent practicable, utilize information developed for the IP application package under TASK 6 (above). Submittal of the No Rise Documentation under Task 3.1 will be provided at the time of submittal of the KDOW 401 Application. Assumptions This task does not include costs or efforts associated with developing quantities, approaches, or plans for compensatory mitigation for Section 401 water quality impacts. KDOW may determine that compensatory mitigation, beyond that required by the USACE, is required for a Section 401 Water Quality Certification. Should KDOW require compensatory mitigation, HDR will provide a scope and budget to the City for completing the additional tasks. TASK 8 – BIOLOGICAL ASSESSMENT REPORT FOR FORMAL SECTION 7 CONSULTATION (MER) Task 8.1 Biological Assessment Report Dredge and Disposal Area MER will provide consulting services to HDR, Inc. for the process of drafting a federal Biological Assessment (BA), including all necessary consultation with the USFWS required for its completion, for the proposed dredging and disposal areas on the Ohio River near Paducah, KY. The services include consultation with the USACE, the USFWS, or other regulatory agencies, as well as other services to prepare the Biological Assessment or any other constituent parts of the Biological Assessment. STRATEGIC COMMUNICATION SERVICES (VALUE ADD-ON) To build ongoing, proactive awareness and support for riverfront infrastructure in the City of Paducah, as needed, HDR will develop digital articles and social media graphics the City can use to keep the public informed about the progress of infrastructure projects that involve the riverfront area through existing online channels and local news media. All documents would be delivered electronically and would include up to five social media graphic templates and three articles for the project duration. If the City requests these services be added, HDR would negotiate the scope and fee for these services at that time. DELIVERABLES Deliverables associated with this project are as follows: · TASK 1- PowerPoint presentation of the conceptual project approach and options to be evaluated under CWA Section 404(b)(1) to be presented at the Inter-agency Pre- application Meeting; · TASK 2- Bathymetric Survey Report and Mapping of Deep Water Disposal Site Location · TASK 3- Sediment Analysis Report documenting both physical and chemical composition of dredged sediment and deep water disposal site substrate · TASK 4- No Rise Certification Report for submittal to KDOW Floodplain Section; Deep Water Disposal Site documenation of extents and mapping; Midwest Terminal extents report detailing the modeling of expected sediment deposition along the shoreline. · TASK 5- Freshwater Mussel Survey Report of disposal locations and Midwest Terminal extension documenting field survey efforts and results to be used with permitting documention and Biological Assessment efforts. · TASK 6- Joint Section 10/404 Application for Individual Permit Authorization including CWA Section 404(b)(1) Alternatives Analysis. · TASK 7- Kentucky Section 401 Permit Application Package. · TASK 8- Biological Assessment Report for Section 7 Formal Consultation for the dredge and disposal areas only (Midwest Terminal will be done separately at a later date as it is a separate action) ANTICIPATED SCHEDULE Based on our understanding of the proposed sediment removal activities and existing permit requirements, HDR proposes to perform the requested services and provide the corresponding deliverables according to the proposed project schedule in Table 1, assuming notice to proceed is received by February 1, 2021. HDR will coordinate with the City to develop a schedule for deliverables and adjust the schedule over the course of execution of the project, as needed, to address field conditions, actions required by external agencies, or other factors. To facilitate the City’s review of this proposal and project planning, a draft schedule is attached. TABLE 1. PROPOSED PROJECT SCHEDULE Deliverable/Activity Estimated Timeframe or Completion Date Receive Notice to Proceed February 1, 2021 Conduct Bathymetric Survey March 1, 2021 Conduct Sediment Analysis March 31, 2021 Interagency Pre-application Meeting (scheduled by USACE) March 31, 2021 Conduct Hydraulic Modeling for No Rise, Deep Water Disposal Site Extents, and Midwest Terminal May 28, 2021 Conduct Mussel Survey for Dredge Location, Disposal Location, and Midwest Terminal Extension May 28, 2021 Section 404/401 Permit Application Package including Section 404(b)(1) Alternatives Analysis -Draft June 30, 2021 Kentucky Section 401 Permit Application Package-Draft June 30, 2021 Section 404/401 Permit Application Package including Section 404(b)(1) Alternatives Analysis -Final July 15, 2021 Kentucky Section 401 Permit Application-Final July 30, 2021 Biological Assessment for Section 7 Formal Consultation submittal date July 30, 2021 Submittal of Compiled Permit Package to Agencies August 2, 2021 USACE Public Notice Estimated Date September 15, 2021 Public Notice Comments Received October 29, 2021 Public Notice Comments Addressed November 30, 2021 Issuance of USFWS Biological Opinion January 31, 2022 Issuance of KDOW 401 WQC and Floodplain Permit February 28, 2022 Issuance of USACE Joint Section 10/404 Permit March 15, 2022 PROPOSAL ASSUMPTIONS The proposed deliverables, schedule, and costs assume that the field surveys will not be affected by poor river conditions brought on by flooding or high water events. It is also assumed that the agencies will be receptive to the deep water disposal option for dredged sediment. There is a possibility that the agencies will push for upland disposal due to the special aquatic site designation and the potential for indirect effects to mussels or mussel habitat. The Section 404(b) (1) Alternatives Analysis will include an evaluation similar to that submitted in the June 2020 application of potential upland disposal methods for comparison to the preferred dredging and in-water disposal options. However, this proposal does not include additional evaluations and permits that may be required should the agencies indicate a lack of support for the use of in-water sediment disposal. If the agencies require upland disposal for dredged sediments from the proposed Project, additional evaluations may be required to assess the potential environmental risks associated with removal, transport, and placement of the material at a USACE-approved upland disposal site. This proposal does not include tasks or costs associated with these additional studies; however, HDR can provide an order-of-magnitude estimate upon request. PROJECT TEAM HDR proposes to assign the following key staff to support this project. These individuals will be assisted by additional HDR resources as needed for the timely completion of the work. Staff Name Role Jeff Schaefer Environmental Project Manager Shannon Provance, P.E. Project Manager and Engineer Leandra Cleveland, PWS Project Scientist /Reviewer John Ward CAD Specialist Rebecca Colvin Technical Editor/Writer Matt Newman, P.E. Hydraulic Engineer COMPENSATION HDR proposes to perform the requested services for a lump sum fee of $266,250. HDR will obtain prior written approval from the City should additional funding be needed. Table 2 below presents HDR’s Task Specific Fee. TABLE 2. TASK SPECIFIC FEE Task Fee Task 1 – Project Team Coordination and Meetings $36,700 Task 2 - Bathymetric Survey (MER) $5,600 Task 3 – Sediment Analysis $14,500 Task 4 - Hydraulic Modeling $121,500 Task 5 –Mussel Survey (MER) $27,750 Task 6- USACE Section 10/404 Individual Permit Application $39,500 Task 7- CWA Section 401 Water Quality Certification $9,900 Task 8- Biological Assessment for Section 7 Formal Consultation (MER) $10,800 Total $266,250 HDR appreciates the opportunity to assist the City of Paducah with this important project and we look forward to your response. Should you have any questions regarding this submittal or require additional information, please do not hesitate to contact Jeff Schaefer at (502) 909-3247 or Jeff.Schaefer@hdrinc.com. Respectfully submitted, HDR Engineering, Inc. Jeff Schaefer Environmental Project Manager Shawn P. Washer P.E. Vice President/Office Principal Agenda Action Form Paducah City Commission Meeting Date: January 26, 2021 Short Title: Flap Gate Replacement Project- Contract for Professional Services with HDR Engineering, Inc. for $79,550.00 - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: On November 8, 2020, the Engineering Department published in the Paducah Sun a Request for Qualifications for professional services related to the Flood Protection Flap Gate Replacement Project. Proposals were due on December 3, 2020. The Engineering Department received one (1) Statement of Qualifications (SOQ) from HDR Engineering, Inc. The review committee consisted of Rick Murphy, Ty Wilson, Pam Spencer, Alexandra Sherwood and Melanie Townsend. The SOQ from HDR Engineering, Inc was deemed responsive to the RFQ. On December 4, 2020, a proposal was requested from HDR Engineering, Inc. HDR presented a proposal for $79,550.00 which after negotiation was deemed reasonable. This project is part of the City's In-kind portion of the U.S. Army Corp of Engineer's Ohio River Shoreline Reconstruction project Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): I-2: Continue implementation of the USACE/City of Paducah $32M Local Flood Protection Project (LFPP) Restoration Funds Available:Account Name: Flap Gates Account Number: FW-0010 Staff Recommendation: Authorize the Mayor to execute the contract with HDR Engineering, Inc. for professional services for the Flap Gate Replacement Project in the amount of $79,550.00. Attachments: 1.ORD – HDR Flap Gate Replacement 2021 2.City of Paducah Flap Gate SOW_12.29.20 ORDINANCE NO. 2021-______-________ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. IN AN AMOUNT OF $79,550 FOR PROFESSIONAL SERVICES FOR THE FLAP GATE REPLACEMENT PROJECT WHEREAS, on November 8, 2020, the Engineering Department published in the Paducah Sun a Request for Qualifications for professional services related to the Flood Protection Flap Gate Replacement Project. Proposals were due on December 3, 2020; and WHEREAS the Engineering Department received one (1) Statement of Qualifications (SOQ) from HDR Engineering, Inc.; and WHEREAS, HDR Engineering, Inc., submitted a proposal in an amount of $79,550.00 which was deemed reasonable; and WHEREAS, this project is part of the City's in-kind portion of the U.S. Army Corp of Engineer's Ohio River Shoreline Reconstruction project; 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 HDR Engineering, Inc., to provide professional services for the Flap Gate Replacement Project in an amount of $79,550. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute the Professional Services Agreement with HDR Engineering, Inc. on behalf of the City of Paducah. SECTION 3. This expenditure shall be charged to the Flap Gates Project No. FW0010. SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ____________________________________ George Bray, Mayor ATTEST: __________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, January 12, 2021 Adopted by the Board of Commissioners, ____________________ Recorded by Lindsay Parish, City Clerk, _____________________ Published by The Paducah Sun, ________________________ \ord\eng\agree – HDR Flap Gate Replacement 2021 hdrinc.com 4645 Village Square Drive,Suite F,Paducah, KY 42001-7448 (270) 444-9691 December 29, 2020 Mr. Rick Murphy, P.E. City Engineer City Hall 300 South 5th Street P.O. Box 2267 Paducah, KY 42002 Re: Engineering Services Proposal Flood Protection Flap Gate Replacement Paducah, Kentucky Dear Mr. Murphy: HDR appreciates the opportunity to provide the City of Paducah engineering services for the Flood Protection Flap Gate Replacement associated with the City’s overall flood protection rehabilitation and reinvestment efforts. Please find below a proposed scope of services for your consideration. Scope of Work HDR has separated this project into the following phases: I. Field Services & Data Gathering HDR will field visit each flap gate location, perform measurements and gather pertinent data to facilitate replacement. Additionally, pertinent existing USACE drawings and As-Built from previous slip-lining efforts will be reviewed. Hydraulic head conditions will be determined and standardized to limit variances across each gate. Following are specific tasks: • Field visit to gather sizes, orientation, mounting configurations, condition assessment, and operational issues • Review As-built and USACE Drawings • Perform Hydraulic Design Calculations • Coordination with City of Paducah II. Design & Specifications HDR will develop the necessary plans and specifications for USACE approval and to proceed with bidding and construction, the following tasks will be included: • Develop/Submit Plan Sheets, Typical Details, and Layout Sheets • Develop/Submit Specifications for Construction and Materials • Calculate Final Quantities and Opinion of Probable Construction Cost • Revise and Resubmit Contract Documents • Attend Design Review Meeting • Submittal to USACE for “Letter of No Objection” • Coordination with City of Paducah III. Bidding Assistance & Construction Administration HDR will provide bidding assistance and construction services to facilitate construction of new flap gate replacement. Tasks under this phase include: • Assist with Advertisement of Project • Attend Pre-Bid Meeting • Address RFQ during Bidding Process • Assistance with Addendums • Coordination and Submittal of Final Documents to USACE • Review Shop Drawings, RFIs, Pay Applications and Provide Comments • Resident Observation Services (As Needed) • Record Observed work in Field Inspection Logs Assumption - City will provide any existing information to Consultant - Flood Protection Level of Service is not being evaluated and/or altered - Resident Inspection is not expected to be full-time effort Schedule HDR anticipates Phase I & II to take 210 days from Notice to Proceed. Phase III expected duration is 228 days to allow for bidding, award, ordering materials, and installation. Fee HDR proposes to perform the work described herein for the Lump Sum amount of $79,550.00 per the manhour spreadsheet/estimate attached to this proposal. HDR appreciates this opportunity to provide engineering services for this project. If you should have questions regarding this proposal, please do not hesitate to call. Sincerely, HDR Engineering, Inc Kyle Guthrie, P.E. Ben Edelen, P.E., P.L.S. Associate VP Sr. Vice President KY/TN/AR WBG Lead Area Manager Agenda Action Form Paducah City Commission Meeting Date: January 26, 2021 Short Title: Reimbursement Agreement with Paducah McCracken County Joint Sewer Agency for Video Pipe Inspection for the Paducah Local Flood Protection Project - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: The US Army Corps of Engineers (USACE) Engineering Manual 29-02 requires the City of Paducah to perform video inspection of all gravity lines traversing the Paducah Local Flood Protection Project (LFPP) every 10 years. These gravity pipes were slip lined in 2010. On March 6, 2020, USACE notified the City that in order to maintain NFIP eligibility of the LFPP, video inspection of the gravity drains must be performed prior to March 2021. The next video inspections will be required prior to March 2031. The Paducah McCracken County Joint Sewer Agency (JSA) competitively procured a professional services contract with Robinson Pipe Cleaning Company for pipe cleaning and video inspection services. In order to reduce the cost associated with this video pipe inspection project, the City has requested that JSA perform the video inspections by utilizing their video inspection contract. Upon completion of the video inspection, the City agrees to reimburse JSA for all expenditures associated with the video inspection of all gravity drains traversing the Paducah LFPP. 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: MAP Fund- Construction Materials/Storm Sewer Account Number: 23002217-53920 Staff Recommendation: Authorize the Mayor to execute a Reimbursement Agreement with Paducah McCracken County Joint Sewer Agency (JSA) for video pipe inspection of all gravity drains traversing the Paducah Local Flood Protection Project as required by the U.S. Army Corps of Engineers. The City will reimburse JSA for the video pipe inspection costs paid by JSA. Attachments: 1.ORD– Reimbursement Agreement – JSA Video Pipe Inspection 2021 2.Reimb Agmnt for Video Inspection Gravity Drains LFPP.JSA ORDINANCE NO. 2021-______-________ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH THE PADUCAH MCCRACKEN COUNTY JOINT SEWER AGENCY FOR REIMBURSEMENT OF COSTS ASSOCIATED WITH VIDEO PIPE INSPECTION OF ALL GRAVITY DRAINS TRAVERSING THE PADUCAH LOCAL FLOOD PROTECTION PROJECT WHEREAS, the US Army Corps of Engineers (USACE) Engineering Manual 29-02 requires the City of Paducah to perform video inspection of all gravity lines traversing the Paducah Local Flood Protection Project (LFPP) every 10 years; and WHEREAS, on March 6, 2020, USACE notified the City that in order to maintain NFIP eligibility of the LFPP, video inspection of the gravity drains must be performed prior to March 2021; and WHEREAS, the Paducah McCracken County Joint Sewer Agency (JSA) competitively procured a professional services contract with Robinson Pipe Cleaning Company for pipe cleaning and video inspection services; and WHEREAS, upon completion of the video inspection, the City desires to reimburse JSA for all expenditures associated with the video inspection of all gravity drains traversing the Paducah LFPP. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City Commission does hereby authorizes the Mayor to execute a Reimbursement Agreement with the Paducah McCracken County Joint Sewer Agency for reimbursement of costs associated with video pipe inspection of all gravity drains traversing the Paducah Local Flood Protection Project as required by the U.S. Army Corps of Engineers, in substantially the form attached hereto and made part hereof (Exhibit A). SECTION 2. This expenditure shall be charged to the MAP Fund – Construction materials/Storm Sewer Account No. 23002217-53920. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ____________________________________ George Bray, Mayor ATTEST: __________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, January 12, 2021 Adopted by the Board of Commissioners, ____________________ Recorded by Lindsay Parish, City Clerk, _____________________ Published by The Paducah Sun, ________________________ \ord\eng\agree – Reimbursement Agreement – JSA Video Pipe Inspection 2021 EXHIBIT A Page 1 of 2 REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND PADUCAH WATER FOR VIDEO INSPECTION OF ALL GRAVITY DRAINS TRAVERSING THE PADUCAH LOCAL FLOOD PROTECTION PROJECT THIS REIMBURSEMENT AGREEMENT is made and executed on this _____ day of __________, 2021, by and between CITY OF PADUCAH, KENTUCKY, a Municipal Corporation of the Second Class, with a mailing address of P.O. Box 2267, Paducah, Kentucky 42002-2267, hereinafter referred to as "City," and PADUCAH MCCRACKEN COUNTY JOINT SEWER AGENCY, with a mailing address of 621 Northview Street, Paducah, Kentucky 42001, hereinafter referred to as "JSA;" W I T N E S S E T H: WHEREAS, JSA has procured Contract No. 2020- Sewer Cleaning and Video Inspection Contract with Robinson Pipe Cleaning Company for CCTV inspection services for 18”-113” pipe within the JSA system for the price of $3.75/LF, and WHEREAS, the City is required by the U.S. Army Corps of Engineers Engineering Manual 29-02 to video inspect all gravity drains traversing the Paducah LFPP every 10 years to maintain NFIP eligibility of the Paducah LFPP; and WHEREAS, in order to assist the City and reduce the costs associated with the video inspection project, JSA agrees to utilize the aforementioned video inspection contract in order to video inspect all gravity drains traversing the Paducah LFPP at JSA’s expense; and WHEREAS, the City will reimburse JSA for the total actual costs and expenditures associated with the video inspection project upon completion. NOW, THEREFORE, in consideration of the foregoing, the legal adequacy and sufficiency of which is hereby acknowledged by both parties hereto, the parties do covenant and agree as follows: 1. Service. JSA agrees to utilize JSA’s Contract No. 2020- Sewer Cleaning and Video Inspection Contract in order to video inspect all gravity drains traversing the Paducah LFPP. This Work will be done at JSA’s expense. 2. Reimbursement. Upon completion of the video inspection project, the City agrees to reimburse JSA the total costs and expenditures associated with the video inspection project. 3. Purpose. The City intends to reimburse JSA for costs associated with the video inspections to reduce costs associated with the overall video inspection project. 4. 5. Release of All Claims. The City also agrees to release, indemnify, and hold JSA harmless from any and all claims, demands, and causes of action regarding the Page 2 of 2 work performed under this agreement. 6. Miscellaneous Provisions. This Agreement represents the entire understanding by and between the parties regarding the reimbursement of the costs and expenses incurred by JSA and all prior statements, promises, and agreements are merged herein by reference. This Agreement shall be binding upon the parties hereto, their heirs, successors, and assigns. PADUCAH MCCRACKEN COUNTY JOINT SEWER AGENCY By: _____________________________________ Title: Executive Director CITY OF PADUCAH, KENTUCKY By: _____________________________________ Title: Mayor Agenda Action Form Paducah City Commission Meeting Date: January 26, 2021 Short Title: Closure of Two Alleys, One Extending North Off Broadway toward Jefferson Street and the Other Extending West off North Water Street toward North 2nd Street, Located at 133 Broadway and 111 North Water Street - R MURPHY Category: Ordinance Staff Work By: Josh Sommer, Melanie Townsend, Tammara Tracy Presentation By: Rick Murphy Background Information: As part of the City Block economic development project, the City of Paducah proposes to close two alleys in downtown Paducah, bounded by Broadway, North Water Street, Jefferson Street and North 2nd Street at 133 Broadway and 111 North Water Street. The City owns all property adjacent to the alleys proposed for closure, therefore no closure application has been filed. On December 21, 2020, the Planning Commission held a Public Hearing and made a positive recommendation to the City Commission for this closure. All of the utility companies have agreed to this closure. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): E-2: Implement the TIF District in downtown Paducah Funds Available:Account Name: Account Number: Staff Recommendation: To adopt an ordinance closing two alleys, one extending north off Broadway toward Jefferson Street between North Water Street and North 2nd Street and the other extending west off North Water Street toward North 2nd Street between Broadway and Jefferson Street, located at 133 Broadway and 111 North Water Street and authorizing the Mayor to execute the closure plat and all necessary documents to complete the closure of the alleys. Attachments: 1.ORD – 133 Broadway and 111 N Water 2.PC resolution- City Block alleys 3.City Block alley closure_plat ORDINANCE NO. 2021-_____-________ AN ORDINANCE PROVIDING FOR THE CLOSING OF TWO ALLEYS, ONE EXTENDING NORTH OFF BROADWAY TOWARD JEFFERSON STREET BETWEEN NORTH WATER STREET AND NORTH 2ND STREET AND THE OTHER EXTENDING WEST OFF NORTH WATER STREET TOWARD NORTH 2ND STREET BETWEEN BROADWAY AND JEFFERSON STREET LOCATED AT 133 BROADWAY AND 111 NORTH WATER STREET, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of two alleys bounded by Broadway, North Water Street, Jefferson Street & North 2nd Street located at 133 Broadway and 111 North Water Street as follows: ALLEY CLOSURE – TRACT 1 - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the north side of Broadway Street and east of North 2nd Street, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at the intersection of the north right-of-way of Broadway Street and the east right-of-way of North 2nd Street; Thence with the north right-of-way of Broadway Street, N64º51’36”E a distance of 173.25 ft. to the True Point of Beginning, said point being the southeast corner of the City of Paducah property (Parcel A recorded in Deed Book 753, Page 578); Thence leaving the right-of-way of above said street and along the east property line of the above said property, N25º08’24”W a distance of 244.00 ft. to a point, said point being the southeast corner of the City of Paducah property (Tract II recorded in Deed Book 756, Page 115), said point also being the southwest corner of the City of Paducah property (Tract V recorded in Deed Book 756, Page 115); Thence with the south property line of the above said City of Paducah property (Tract V), N64º51’36”E a distance of 8.00 ft. to a point, said point also bring in the centerline of a 16’ wide alley; Thence with the centerline of above said alley, S25º08’24”E a distance of 244.00 ft. to a point, said point being in the north right-of-way of Broadway Street; Thence along the right-of-way of above said street, S64º51’36”W a distance of 8.00 ft. to the True Point of Beginning. The above described Tract contains 1,952 square feet. ALLEY CLOSURE – TRACT 2 - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the south side of Jefferson Street and west of North Water Street, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at the intersection of the south right-of-way of Jefferson Street and the west right-of-way of North Water Street; Thence with the west right-of-way of North Water Street, S25º08’24”E a distance of 100.75 ft. to the True Point of Beginning, said point being the southeast corner of the City of Paducah property (Tract VI recorded in Deed Book 756, Page 115); Thence along the west right-of-way of above said street, S25º08’24”E a distance of 10.00 ft. to a point, said point being in the centerline of a 20’ wide alley; Thence with the centerline of above said alley, S64º51’36”W a distance of 181.25 ft. to a point, said point also being the centerline intersection of above said alley and the centerline of a 16’ wide alley; Thence with the centerline of above said 16’ wide alley, N25º08’24”W a distance of 10.75 ft. to a point, said point being in the south property line of the City of Paducah property (Tract V recorded in Deed Book 756, Page 115); Thence along the south property line of above said property, N64º51’36”E a distance of 8.00 ft. to a point, said point being in the west property line of the City of Paducah property (Tract VI recorded in Deed Book 756, Page 115); Thence along the west property line of the above said City of Paducah property, S25º08’24”E a distance of 0.75 ft. to a point, said point being the southwest corner of the City of Paducah property (Tract VI recorded in Deed Book 756, Page 115); Thence along the south property line of the above said property, N64º51’36”E a distance of 173.25 ft. to the True Point of Beginning. The above described Tract contains 1,819 square feet. ALLEY CLOSURE – TRACT 3 - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the south side of Jefferson Street and west of North Water Street, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at the intersection of the south right-of-way of Jefferson Street and the west right-of-way of North Water Street; Thence with the west right-of-way of North Water Street, S25º08’24”E a distance of 110.75 ft. to the True Point of Beginning, said point also being in the centerline of 20’ wide alley; Thence along the west right-of-way of above said street, S25º08’24”E a distance of 10.00 ft. to a point, said point being the northeast corner of the City of Paducah property (Tract VII recorded in Deed Book 756, Page 115); Thence along the north property line of above said City of Paducah property, S64º51’36”W a distance of 173.25 ft. to a point, said point being the northwest corner of the City of Paducah property (Tract VII recorded in Deed Book 756, Page 115); Thence along the west property line of above said City of Paducah property, S25º08’24”E a distance of 25.00 ft. to a point, said point being the southwest corner of the City of Paducah property (Tract VII recorded in Deed Book 756, Page 115); Thence, S64º51’36”W a distance of 8.00 ft. to a point, said point being in the centerline of a 16’ wide alley; Thence with the centerline of the above said 16’ wide alley, N25º08’24”W a distance of 35.00 ft. to a point, said point also being the centerline of the above said 16’ wide alley and the centerline of the above said 20’ wide alley; Thence with the centerline of the above said 20’ wide alley, N64º51’36”E a distance of 181.25 ft. to the True Point of Beginning. The above described Tract contains 2,013 square feet. ALLEY CLOSURE – TRACT 4 - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the north side of Broadway Street and west of North Water Street, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at the intersection of the north right-of-way of Broadway Street and the west right-of-way of North Water Street; Thence with the north right-of-way of Broadway Street, S64º51’36”W a distance of 173.25 ft. to the True Point of Beginning, said point being the southwest corner of the City of Paducah property (Parcel B recorded in Deed Book 753, Page 578); Thence along the right-of-way of above said street, S64º51’36”W a distance of 8.00 ft. to a point, said point being in the centerline of a 16’ wide alley; Thence with the centerline of above said alley, N25º08’24”W a distance of 198.25 ft. to a point; Thence, N64º51’36”E a distance of 8.00 ft. to a point, said point being the northwest corner of the City of Paducah property (Parcel B recorded in Deed Book 753, Page 578); Thence along the west property line of above said property, S25º08’24”E a distance of 198.25 ft. to the True Point of Beginning. The above described Tract contains 1,586 square feet. SECTION 2. In support of its decision to close the aforesaid public way, the Board of Commissioners hereby makes the following findings of fact: a. The City of Paducah owns the property abutting the public way which the Board of Commissioners has authorized to be closed, therefore no closure application has been filed. b. On the 21st day of December, 2020, the Paducah Planning Commission of the City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of the City of Paducah closure of the aforesaid public way. c. Written notice of the proposed closing was given to all property owners in or abutting the public way or the portion thereof being closed. d. The City of Paducah is the only property owner in or abutting the public way, and therefor has given their written and notarized consent to the closing as is evidenced by the adoption of this ordinance. SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as described above, should be closed in accordance with the provisions of KRS 82.405. SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute all documents necessary related to the alley closing as authorized in Section 1 above. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ___________________________________ George Bray, Mayor ATTEST: ___________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, January 12, 2021 Adopted by the Board of Commissioners, ___________________ Recorded by Lindsay Parish, City Clerk, ____________________ Published by The Paducah Sun, ___________________________ \ord\eng\st close\alley – 133 Broadway and 111 N Water COMMONWEALTH OF KENTUCKY ) :ss. COUNTY OF McCRACKEN ) Subscribed, sworn to and acknowledged before me by CITY OF PADUCAH, KENTUCKY, by and through its duly authorized representative, George Bray, Mayor, on this the day of , 2021. _________________________________ NOTARY PUBLIC STATE AT LARGE My commission expires: ____________ Notary ID # ____________ CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky, and that the foregoing is a full, true and correct copy of Ordinance No. ___________ adopted by the Board of Commissioners of the City of Paducah at a meeting held on ___________________. ____________________________________ City Clerk