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HomeMy WebLinkAboutCCMPacket2021-02-09CITY COMMISSION MEETING AGENDA FOR FEBRUARY 9, 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 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 26, 2021 B.Receive & File Documents C.Reappointment of Corbin Snarden to the Board of Ethics D.Personnel Actions E.Sale of Surplus Property at 2028 Clay Street for $522.08 - K AXT II. RESOLUTION(S) A.Resolution for Kentucky Transportation Funding - COMMISSIONER WILSON III. MUNICIPAL ORDER(S) A.Authorize Payment to Kentucky Economic Development Finance Authority to Finalize TIF - J ARNDT B.Application for FY2020 Assistance to Firefighters Grant - S KYLE IV. ORDINANCE(S) - INTRODUCTION A.Bid Award for 2021-2022 Concrete Program - R MURPHY B.Approve an Agreement with Commonwealth Economics for Professional Services related to the Tax Increment Financing District - J ARNDT V. DISCUSSION A.sMS4 Phase II Stormwater KPDES Permit Compliance Update - R MURPHY VI. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VII. EXECUTIVE SESSION January 26, 2021 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, January 26, 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. PRESENTATIONS Communications Manager Pam Spencer offered the following summary: “Presentation by Representative Randy Bridges and Senator Danny Carroll Kentucky State legislators Senator Danny Carroll and Representative Randy Bridges attended the Paducah Board of Commissioners meeting to provide updates on the recent eight days of the current legislative session. Sen. Carroll said legislation has been passed regarding declarations of emergency and parameters of authority. Sen. Carroll also discussed immediate issues including unemployment insurance, the State’s budget, utility assistance, infrastructure, the new airport terminal for Barkley Regional Airport, and the pension system. Rep. Bridges echoed Sen. Carroll’s comments and added that the State’s budget is tight with many unknowns created by the pandemic. There are 22 days left in the current session.” 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 January 12, 2021, Paducah Board of Commissioners Meeting I(B) Receive and File Documents: Minute File: 1. Notice of Cancellation of the Board of Commissioners Meeting scheduled for December 22, 2020 January 26, 2021 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 I(C) Personnel Actions I(D) 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 (MO #2424; BK 11) I(E) A MUNICIPAL ORDER AMENDING THE FY2020-2021 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY (MO #2425; BK 11) Commissioner Gault offered motion, seconded by Commissioner Guess, that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). BOARD APPOINTMENTS APPOINTMENT OF RANDY DeHART, PE, TO THE COMMISSIONERS OF WATER WORKS Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Bray in the appointment of Randy DeHart, P.E., to the Commissioners of Water Works, to replace Roger Truitt, whose term has expired, said term shall expire January 6, 2025. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). January 26, 2021 APPOINTMENT OF MIKE SIMS TO THE PADUCAH-McCRACKEN COUNTY RIVERPORT AUTHORITY BOARD Commissioner Henderson offered Motion, seconded by Commissioner Gault, that the Board of Commissioners approve the action of Mayor Bray in the appointment of Mike Sims to the Paducah- McCracken County Riverport Authority, to replace Billy Poindexter, Jr., whose term has expired. This term shall expire September 26, 2023. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). MUNICIPAL ORDER APPROVE AGREEMENT WITH PADUCAH PUBLIC SCHOOLS FOR SCHOOL RESOURCE OFFICERS Commissioner Guess offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Municipal Order entitled, “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.” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (MO #2426; BK 11) ORDINANCE ADOPTION APPROVE THE CONSENSUAL ANNEXATION OF 5540 OLD CAIRO ROAD Commissioner Gault offered Motion, seconded by Commissioner Wilson , that the Board of Commissioners adopt 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 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. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (ORD 2021-01-8669; BK 36) PERMITTING FOR DREDGING PROJECT – CONTRACT FOR PROFESSIONAL SERVICES WITH HDR ENGINEERING, INC., IN THE AMOUNT OF $266,250 January 26, 2021 Commissioner Guess offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt 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. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (ORD 2021-01-8670; BK 36) FLAP GATE REPLACEMENT PROJECT – CONTRACT FOR PROFESSIONAL SERVICES WITH HDR ENGINEERING, INC., IN THE AMOUNT OF $79,550 Commissioner Henderson offered Motion, seconded by Commissioner Gault that the Board of Commissioners adopt 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 Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (ORD 2021-01-8671; BK 36) REIMBURSEMENT AGREEMENT WITH PADUCAH-McCRACKEN COUNTY JOINT SEWER AGENCY FOR VIDEO PIPE INSPECTION FOR THE PADUCAH LOCAL FLOOD PROTECTION PROJECT Commissioner Guess offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt 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. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (ORD 2021-01-8672; BK 36) CLOSURE OF TWO ALLEYS, ONE EXTENDING NORTH OFF BROADWAY TOWARD JEFFERSON STREET AND THE OTHER EXTENDING WEST OFF NORTH WATER January 26, 2021 STREET TOWARD NORTH 2ND STREET, LOCATED AT 133 BROADWAY AND 111 NORTH WATER STREET Commissioner Wilson offered Motion, seconded by Commissioner Gault, that the Board of Commissioner adopt 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. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) (ORD 2021-01-8673; BK 36) CITY MANAGER COMMENTS • Board of Commissioners Retreat will be held February 5-6 at the Convention Center. • City Hall will reopen on a limited basis Monday, February 1. Finance and Fire Protection will be open to the public. All other Departments remain “by appointment only.” MAYOR COMMENTS • Even though City Hall is opening on a limited basis, City Commission meetings will remain virtual through February. Things will be reassessed for March. • The City Manager will lead the Commission through the prioritization process during the Strategic Plan Meeting. ADJOURN Commissioner Gault offered motion, seconded by Commissioner Wilson, to adjourn the meeting of the Paducah Board of Commissioners. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) Meeting ended at approximately 6:30 p.m. ADOPTED: February 9, 2021 January 26, 2021 ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk February 9, 2021 Minute File: 1. Notice of Regular Meeting for the Board of Commissioners of the City of Paducah,– January 26, 2021 – Virtual Meeting Deed File: 1. Quitclaim Deed – City of Paducah to Troy Edward Jones – Alley Closure Between 1420 Martin Luther King Jr. Drive and 1415 Harrison - ORD 2020-06-8639 2. Quitclaim Deed – City of Paducah to Andrew Suggs - Alley Closure Between 1420 Martin Luther King Jr. Drive and 1415 Harrison – ORD 2020-06-8639 3. Deed of Conveyance – Wayne Strickland (a/k/a Cecil Wayne Strickland) and Nancy Carrol Strickland – 2640 South 24th Street – ORD 2020-09-8565 4. Quitclaim Deed – City of Paducah to Paducah-McCracken County Joint Sewer Agency – Alley Closure extending West of Northview Street – ORD 2020-12-8663 Contract File: 1. Agreement between the City of Paducah and the Paducah Public School System for School Resource Officers – MO #2426 Financials File: 1. Financials for Paducah Water Works – November 2020 and December 2020 Bids File: 1. Official Bidder of Record – Permitting For Dredging Project – HDR Engineering, Inc. - $266,250 – ORD 2021-01-8670 2. Statement of Qualifications – Flap Gate Replacement Engineering – HDR $79,550 – ORD 2020-01-8671 3. 2021-2022 Concrete Program a. Wilkins Construction Company b. Harper Construction CITY OF PADUCAH February 9, 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 2/4/2021 Date CITY OF PADUCAH PERSONNEL ACTIONS NEW HIRES - FULL-TIME (F/T) FIRE - PREVENTION POSITION RATE NCS/CS FLSA EFFECTIVE DATE Simmons, Nathan Deputy Fire Marshal $26.55/hr NCS Non-Ex February 18, 2021 NEW HIRES - PART-TIME (P/T) ENGINEERING POSITION RATE NCS/CS FLSA EFFECTIVE DATE Linsay, Sean A. Temp Pump Operator $10.00/hr NCS Non-Ex February 11, 2021 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 Taylor, Serena Interim Shift Supervisor Interim Shift Supervisor NCS Non-Ex January 28, 2021 $23.00/hr $23.69/hr PARKS & RECREATION Butterbaugh, Adam Cemetary Sexton Laborer NCS Non-Ex January 25, 2021 $20.00/hr $17.91/hr POLICE Baxter, Christopher Captain Captain NCS Ex January 28, 2021 $38.85/hr $38.65/hr PUBLIC WORKS Stubblefield, Adrian Truck Driver ROW - Streets NCS Non-Ex January 28, 2021 $19.09/hr $19.24/hr PUBLIC WORKS POSITION REASON EFFECTIVE DATE Stevens, Rodney Compost Operations Supervisor Resignation February 5, 2021 February 9, 2021 TERMINATIONS - FULL-TIME (F/T) Agenda Action Form Paducah City Commission Meeting Date: February 9, 2021 Short Title: Sale of Surplus Property at 2028 Clay Street for $522.08 - K AXT Category: Municipal Order Staff Work By: Nancy Upchurch Presentation By: Katie Axt Background Information: This action would determine that the property located at 2028 Street is surplus property and authorize the transfer of the vacant lot to the best evaluated bid. Legal advertising and posting on the property was done in accordance with City Code. One bid was submitted. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): I-9 Downsize the City’s ownership in real estate Funds Available:Account Name: Surplus Property Account Number: CD0041 Staff Recommendation: Determine that the property is surplus, accept the bid of $522.08 and transfer the property to Maria Angelique Korte. Property would revert back to the City if the owner fails to comply with the submitted proposal, and fails to substantially complete Phase 1 of the project within two years. Attachments: 1.MO - prop sale - 2028 Clay Street 2.SOA2020-125 Staff Report 2028 Clay Street 3.SOA2020-125 Bid 2028 Clay St MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 2028 CLAY STREET, PADUCAH, KENTUCKY TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF MARIA ANGELIQUE KORTE IN THE AMOUNT OF $522.08 FOR PURCHASE OF SAID REAL PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME WHEREAS, pursuant to Section 2-668 of the Code of Ordinances of the City of Paducah, Kentucky, a written determination has been made that the City does not have any use at this time or in the future for property located at 2028 Clay Street, Paducah, Kentucky, which constitutes surplus real estate; and WHEREAS, the City advertised for bids on October 11, 2020, and one bid was received and opened on October 28, 2020; and WHEREAS, the City desires to accept the bid of Maria Angelique Korte, who proposes to improve the property by building a fence, planting a garden and making other improvements with a long-term goal to develop the property into an AirBNB. NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners hereby declares the property located at 2028 Clay Street, Paducah, Kentucky to be surplus property as it relates to the operations of the City. Further, the Board of Commissioners hereby accepts the bid of Maria Angelique Korte in the amount of $522.08, for the purchase of real property located at 2028 Clay Street, Paducah, Kentucky. SECTION 2. The Mayor is hereby authorized to execute a deed and any necessary documents relating to same to complete the sale of the real property approved in Section 1 above. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. ______________________________ Mayor ATTEST: ___________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 9, 2021 Recorded by Lindsay Parish, City Clerk, February 9, 2021 \mo\prop sale– 2028 Clay Street, Paducah, Kentucky STAFF REPORT & DETERMINATION DISPOSITION OF ASSETS SOA 2020-125 DECEMBER 8, 2020 K:\Planning\99 Sites by Address\Alpha\Clay Street\2028 Clay Street\SOA2020-125 2028 Clay Street\SOA2020-125 Staff Report 2028 Clay Street.docx General Information The disposition of surplus or excess property is governed by City Code Section 2-668; the sealed bid procedure is set out in City Code Section 2-645. The disposition of any property requires a written determination that includes: a description of the property; its intended use at the time of acquisition; the reason why it is in the best interest of the city to dispose of the item; and the method of disposition to be used. Property Description & Information ADDRESS 2028 Clay Street General Vicinity Map CASE NO. SOA 2020-125 SIZE OF PROPERTY 40’ x 160’ IMPROVEMENTS None ZONING R-3 (Residential) COMPREHENSIVE PLAN Neighborhood Conservation FLOODPLAIN Protected by Levee Comprehensive Land Use Plan Zoning Map STAFF REPORT & DETERMINATION - DISPOSITION OF ASSETS 2/3 Acquisition of the Property The lot was then acquired by the City in December 2019. The residential structure was dilapidated and subsequently demolished in August of 2020 at a cost of $5600.00. The lot is not in a revitalization area. The City had no plans for development at the time of acquisition. Disposition of the Property Typically, it is in the best interest of the City to transfer ownership of this property to a responsible citizen placing the property back on the tax rolls and eliminating the maintenance and liability costs. The lot is of average residential size and of typical configuration. It is located in an established residential neighborhood experiencing renewed reinvestment. The Comprehensive Plan recommends Neighborhood Conservation, which is residential development that is compatibly designed and configured to complement the existing neighborhood. Bid Information In accordance with these regulations, a legal ad ran in the Paducah Sun on Sunday, October 11, 2020 requesting interested parties to submit a sealed bid on or before 4 PM on Wednesday, October 28, 2020. The request was posted on the City website October 9, 2020. Notice was also posted on the property requesting sealed bids. One bid was submitted. Aerial – 2028 Clay Street crosshatched in red Site with For Sale by Bid sign, Oct 2020 STAFF REPORT & DETERMINATION - DISPOSITION OF ASSETS 3/3 Staff Recommendation Ms. Korte’s Phase 1 development is likely to be approved in this neighborhood. An approved site plan and permit would be required for the storage shed. Phase 2 would require a review and favorable recommendation of the Planning Commission to the Board of Adjustment for the final approval of an Art Studio and Air B&B. Therefore, it is recommended to determine that the property is surplus, accept the bid of $522.08 and transfer the property to Marie Angelique Korte. Transfer of property subject to standard clause that the property would revert back to the City if the owner fails to comply with the submitted proposal and fails to substantially complete Phase one of the project within 2 years. BID #1 Maria Angelique Korte Bid Amount: $522.08 Phase 1: 2 year proposal to build a garden, plant grass, build a fence, plant trees, build a tree house, zip lines, storage shed and beautify the property. Investment: $16,000 doing part of the work herself making the value of the investment approximately $25,000 Phase 2: 5 year plan: Build an Air B& B and garage with art studio. She is waiting for the ground to settle after the recent demolition of the structure and the cost of lumber to go down. Phase 2 investment approximately $150,000 to $195,000 per an estimate from Ray Black and Son RESOLUTION A RESOLUTION OF THE BOARD OF COMMISIONERS OF THE CITY OF PADUCAH, SUPPORTING THE ADDRESSING OF MODERNIZATION OF KENTUCKY’S TRANSPORTATION FUNDING MECHANISMS TO ADDRESS TRANSPORTATION FUNDING NEEDS THROUGH THE COMMONWEALTH WHEREAS, all of Kentucky benefits from an interconnected, multi-modal transportation network that contains 57 airports, 2,600 freight rail miles, 8 operating public river ports, a statewide transit network, more than 14,000 bridges, and nearly 80,000 center-line miles of roadways; and WHEREAS, safe, efficient transportation is deemed an essential public service provided to all Kentucky communities; and WHEREAS, all Kentucky communities depend on a safe, reliable transportation network to enhance economic development opportunities; and WHEREAS, all Kentuckians depend on the transportation network for access to education, health care, employment, and other necessities; and WHEREAS, since 2015, due to falling gas prices and reduced fuel tax revenues, state transportation funding dropped nearly $200M per year; and WHEREAS, in McCracken County, road funding has decreased from $1,635,866.00 in Fiscal Year 2019-2020 to $1,482,474.00 this Fiscal Year; and WHEREAS, according to the Kentucky Transportation Cabinet, Kentucky's road fund requires an additional $900,000,000.00 per year to address current maintenance and construction needs; and WHEREAS, Kentucky's airports, railroads, river ports and transit system require sustained, adequate investments for maintenance and improvements; and WHEREAS, the City of Paducah affirms and supports, in the strongest terms, House Resolution filed by Representative Sal Santoro urging the Kentucky General Assembly to adequately fund transportation in the Commonwealth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. That the City of Paducah supports legislation to modernize Kentucky's transportation funding mechanisms to increase existing sources of funding to generate revenues needed for maintenance and construction on all modes of transportation. SECTION 2. That the City of Paducah strongly encourages the Kentucky General Assembly to act as soon as possible in the 2021 session to address all of Kentucky's transportation funding needs to avoid further erosion of the transportation network. SECTION 3. This resolution shall be in full force and effect from and after this adoption. ____________________________________ George Bray, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, ________________________ Recorded by City Clerk, Lindsay Parish, _________________________ \resoln\Transportation Funding Modernization 2021 Agenda Action Form Paducah City Commission Meeting Date: February 9, 2021 Short Title: Authorize Payment to Kentucky Economic Development Finance Authority to Finalize TIF - J ARNDT Category: Municipal Order Staff Work By: Katie Axt Presentation By: James Arndt Background Information: Kentucky Cabinet for Economic Development granted preliminary approval of the City's TIF application on August 29, 2019. The City and KEDFA entered into a Memorandum of Agreement to establish the TIF District and undertake an independent analysis by a third-party consultant prior to receiving final approval. In the MOA, the City agreed to pay KEDFA an administrative fee of $50,000 prior to receiving final approval. This action also authorizes the transfer of $50,000 from the Administrative Contingency Account No. 10000106 524500 to the TIF/Opportunity Zone Project Account No. DT0044 for the purpose of paying the administrative fee. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): E-1: Encourage and assist local business retention and expansion E-3: Promote occupancy in all downtown buildings E-4: Continue developing the riverfront from the Carson Center to the Convention Center Funds Available:Account Name: TIF/Opportunity Zone Account Number: DT0044 Staff Recommendation: Approval Attachments: 1.MO - TIF Consultant Services KEDFA 2-2021 2.TIF Admin Fee Invoice - Paducah Downtown Riverfront Redevelopment Project 3.KEDFA MOA MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER AUTHORIZING PAYMENT TO THE KENTUCKY ECONOMIC DEVELOPMENT FINANCE AUTHORITY FOR TAX INCREMENT FINANCING (TIF) CONSULTANT SERVICES, IN AN AMOUNT OF $50,000 AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME WHEREAS, the City of Paducah adopted Ordinance No. 2019-4-8569 on April 9, 2019, which authorized the execution of a Memorandum of Agreement between the City of Paducah and the Kentucky Economic Development Finance Authority (KEDFA); and WHEREAS, the City and KEDFA entered into a Memorandum of Agreement to establish the TIF District and undertake an independent analysis by a third-party consultant prior to receiving final approval; and WHEREAS, said Memorandum of Agreement includes the stipulation that an administrative fee of $50,000 or an amount equal to a quarter of one percent (0.25%) of the total approved costs of the Project, whichever is less, be paid to KEDFA prior to receiving final approval; and WHEREAS, the City of Paducah now desires to approve the expenditure of $50,000 for said Administrative Fee. NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Finance Director to make payment to the Kentucky Economic Development Finance Authority, in an amount of $50,000 for the Kentucky Economic Development Finance Authority’s Administrative Fee and authorizes the Mayor to execute all documents related to same. SECTION 2. That the City hereby authorizes the transfer of $50,000 from the Administrative Contingency Account No. 10000106 524500 to the TIF/Opportunity Zone Project Account No. DT0044. The expenditure shall be charged to the TIF/Opportunity Zone Project Account. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. ____________________________________ George Bray, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, _________________________ Recorded by Lindsay Parish, City Clerk, __________________________ \mo\ TIF Consultant Services KEDFA 2-2021 Agenda Action Form Paducah City Commission Meeting Date: February 9, 2021 Short Title: Application for FY2020 Assistance to Firefighters Grant - S KYLE Category: Municipal Order Staff Work By: Matt Tinsley, Ty Wilson Presentation By: Steve Kyle Background Information: The Paducah Fire Department wishes to submit a grant application to the Department of Homeland Security, Federal Emergency Management Agency (FEMA). The Assistance to Firefighters Grant Program provides financial assistance directly to eligible fire departments, nonaffiliated emergency medical services (EMS) organizations, and State Fire Training Academies (SFTAs) for critical training and equipment. The objectives of the AFG Program are to provide critically needed resources that equip and train emergency personnel to recognize standards, enhance operational efficiencies, foster interoperability, and support community resilience. The PFD wishes to purchase a mobile air supply system that would provide on scene air for firefighters breathing systems. It can be mounted on an existing apparatus. The total project cost is estimated at, and not to exceed, $30,000. A 10% match in the amount of $3,000 is required, which will come from Fire Department account 1801-2307. Does this Agenda Action Item align with a Strategic Plan Action Step? No If yes, please list the Action Step Item Codes(s): Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct the Mayor to execute all required grant application documents. Attachments: 1.MO - Fire- FY2020 Asst to Firefighters MUNICIPAL ORDER NO. __________ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A FY2020 ASSISTANCE TO FIREFIGHTERS MATCHING GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, IN THE AMOUNT OF $27,000, TO BE USED FOR THE PADUCAH FIRE DEPARTMENT TO PURCHASE A MOBILE AIR SUPPLY SYSTEM THAT WOULD PRIVDE ON-SCENE AIR FOR BREATHING SYSTEMS. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute a FY2020 Assistance to Firefighters Matching Grant Application and all documents necessary through the Department of Homeland Security, Federal Emergency Management Agency, in an amount of $27,000, to purchase a mobile air supply system that would provide on-scene air for Breathing systems. It can be mounted on an existing apparatus. The total project cost is estimated at, and not to exceed, $30,000, the City’s cash match of 10%, $3,000, will come from the Fire Department’s account 1801-2307. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. ____________________________________ George Bray, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, February 9, 2021 Recorded by Lindsay Parish, City Clerk, February 9, 2021 \mo\grants\fire-FY2020 Asst to Firefighters Agenda Action Form Paducah City Commission Meeting Date: February 9, 2021 Short Title: Bid Award for 2021-2022 Concrete Program - R MURPHY Category: Ordinance Staff Work By: Brandy Topper-Curtiss Presentation By: Rick Murphy Background Information: On December 15, 2020, bids were opened and read aloud for the City of Paducah’s 2021-2022 Concrete Program. This program consists of the completion of concrete work within the City such as sidewalks, curb & gutter, concrete entrances and storm inlets. Two bids were received, with Harper Construction, LLC, submitting the lowest evaluated bid. The concrete unit prices, along with excavation hourly rates will begin upon execution of the contract and end December 31, 2022. The contract has a one-year renewal option, ending December 31, 2023, upon the mutual agreement of both parties. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): I-6: Design and construct pedestrian safety improvements-crosswalks, sidewalks, flashing lights, etc. Funds Available:Account Name: MAP Program Account Number: 23002217 Staff Recommendation: To receive and file the bids submitted for the 2021-2022 Concrete Program and adopt an Ordinance authorizing the Mayor to enter into a contract with Harper Construction, LLC, for the concrete unit prices and excavation hourly rates listed on the attached bid tab for the 2021 and 2022 calendar years ending December 31, 2022; and to authorize the Mayor, subsequent to the recommendation of the City Engineer, the option to execute a “One-Year Renewal Agreement” extending the contract time period for the 2023 calendar year ending December 31, 2023, upon the mutual agreement of both parties. Attachments: 1.ORD - Concrete program 2021-2022 2.2021-2022 Concrete Agreement 3.Bid Tab for 2021-2022 Concrete Program 4.Paducah Sun Ad Placement ORDINANCE NO. 2021-02-____________ AN ORDINANCE ACCEPTING THE BID OF HARPER CONSTRUCTION LLC, FOR THE CITY OF PADUCAH’S 2021-2022 CONCRETE PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of Harper Construction, LLC, for the calendar years 2021 and 2022 concrete program, with the option of a one-year extension, said bid being in substantial compliance with the bid specifications, and as contained in the bid of Harper Construction, LLC, of December 15, 2020, for the following unit prices and hourly rates: Concrete Removal and Replacement Unit Prices ITEM NO DESCRIPTION UNIT UNIT BID PRICE 1 Curb & Gutter (Remove & Construct) L.F. $ 23.00 2 Curb & Gutter (Adjacent to Roadside Edge) L.F. 17.50 3 Curb & Gutter (New Construction) L.F. 14.99 4 Concrete Sidewalk (Remove & Construct) S.Y. 37.00 5 Concrete Sidewalk (New Construction) S.Y. 30.00 6 Concrete Handicap Ramp S.Y. 65.00 7 Concrete Entrance Pavement − 6” (Residential) S.Y. 58.00 8 Concrete Entrance Pavement – 8” (Commercial) S.Y. 64.00 9 Concrete Entrance Pavement − 6” M-Mix S.Y. 65.00 10 Concrete Entrance Pavement − 8” M-Mix S.Y. 71.00 11 Granite Curb Reset with new Concrete Gutter L.F. 30.00 12 Gutter Replacement – Granite/Concrete Curb in Place L.F. 20.00 13 Concrete Header Curb – 12” L.F. 14.00 14 Concrete Header Curb – 18” L.F. 15.00 15 Non-Reinforced Concrete 8” S.Y. 52.00 16 Inlet Repair (Existing) Each 600.00 17 Reinforced Concrete New Construction –Class A C.Y. 700.00 18 Deep Saw Cut L.F. 3.00 19 Perforated Pipe – 4” L.F. 5.00 Excavation Rates: ITEM NO DESCRIPTION UNIT HOURLY RATE 1 Trackhoe HR $100.00 2 Backhoe HR 80.00 3 Compactor/Roller HR 70.00 4 Dump Truck HR 90.00 5 Backhoe with Breaker HR 90.00 6 Small Dozer HR 90.00 7 Laborer HR 35.00 SECTION 2. The Mayor is hereby authorized to execute a contract with Harper Construction, LLC, for concrete work at the unit prices and hourly rates as accepted in Section 1 above, according to the specifications, bid proposal and contract documents heretofore approved and incorporated in the bid of December 15, 2020. SECTION 3. The contract shall be binding upon the City and the Contractor, his partners, successors, assigns and legal representatives for 2021-2022 calendar years ending December 31, 2022. Neither the City nor the Contractor shall have the right to assign, transfer, or sublet their interests or obligations hereunder without consent of the other party. Further, the Mayor is hereby authorized, subsequent to the recommendation of the City Engineer-Public Works Director, to execute an additional One-Year Renewal Agreement extending the contract period for the 2023 calendar year ending December 31, 2023, upon the mutual agreement of both parties. If agreed, this renewal option shall be exercised by both parties executing and delivering the written One-Year Renewal Agreement. The City reserves the right to have concrete work completed at the quoted prices until the parties have executed the One-Year Renewal Agreement. However, in no case shall the Seller be bound to sell the contract material at these prices past December 31, 2022. SECTION 4. Expenditures for the City’s concrete program shall be charged to the MAP Program Account No. 2300 2217. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ Mayor ATTEST: ____________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, February 9, 2021 Adopted by the Board of Commissioners, __________________ Recorded by Lindsay Parish, City Clerk, _________________________ Published by The Paducah Sun, ___________________ \ord\eng\concrete program 2021-2022 00500 AGREEMENT Page 1 of 3 CITY OF PADUCAH, KENTUCKY ENGINEERING DEPARTMENT AGREEMENT FOR THE 2021-2022 CONCRETE PROGRAM THIS AGREEMENT, made this day of February, 2021 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and HARPER CONSTRUCTION, LLC, hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services necessary for the 2021-2022 CONCRETE PROGRAM. All Work shall be in accordance with this Agreement, Specifications and any Addendum(s) issued. Throughout the performance of this Contract, the Engineering-Public Works Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah. All work done by the Contractor shall be completed under the general supervision of the Engineer. ARTICLE 2. CONTRACT TIME This Contract shall be binding upon the City and the Contractor, his partners, successors, assigns, and legal representatives for remaining portion of the 2021 calendar year and the 2022 calendar year ending December 31, 2022. Neither the City nor the Contractor shall have the right to assign, transfer, or sublet their interests or obligations hereunder without consent of the other party. The term of the contract may be renewable for an additional one-year term, ending December 31, 2023, upon the mutual agreement of both parties. The City Engineer, acting as agent for the Owner, shall determine, in his sole discretion, the option to renewal. If agreed, this renewal option will be exercised by both parties executing and delivering the written One-Year Renewal Agreement. The City reserves the right to have said contract work completed at the quoted prices until the One-Year Renewal Agreement has been executed by the parties. However, in no case shall the Contractor be bound to complete the work at these prices past December 31, 2022. ARTICLE 3. THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract at the rates listed below for Concrete Removal and Replacement Work and Excavation Work as quoted in the Bid Proposal by the Contractor dated December 15th, 2020, which shall constitute full compensation for the work and services authorized herein. Contract prices are firm and will not be altered during the contract period. The Contractor agrees that no minimum amount of purchase shall be required. Bid prices shall begin upon the execution of this Agreement. Bid prices are firm and will not be altered during the contract period. The Bidder agrees that no minimum amount of purchase shall be required. Bids shall include sales tax and all other applicable taxes and fees. 00500 AGREEMENT Page 2 of 3 Concrete Removal and Replacement Unit Prices ITEM NO DESCRIPTION UNIT UNIT BID PRICE 1 Curb & Gutter (Remove & Construct)L.F.$23.00 2 Curb & Gutter (Adjacent to Roadside Edge)L.F.$17.50 3 Curb & Gutter (New Construction) L.F.$14.99 4 Concrete Sidewalk (Remove & Construct)S.Y.$37.00 5 Concrete Sidewalk (New Construction)S.Y.$30.00 6 Concrete Handicap Ramp S.Y.$65.00 7 Concrete Entrance Pavement  6” (Residential)S.Y.$58.00 8 Concrete Entrance Pavement – 8” (Commercial)S.Y.$64.00 9 Concrete Entrance Pavement  6” M-Mix S.Y.$65.00 10 Concrete Entrance Pavement  8” M-Mix S.Y.$71.00 11 Granite Curb Reset with new Concrete Gutter L.F.$30.00 12 Gutter Replacement – Granite/Concrete Curb in Place L.F.$20.00 13 Concrete Header Curb – 12” L.F.$14.00 14 Concrete Header Curb – 18”L.F.$15.00 15 Non-Reinforced Concrete 8”S.Y.$52.00 16 Inlet Repair (Existing)Each $600.00 17 Reinforced Concrete New Construction –Class A C.Y.$700.00 18 Deep Saw Cut L.F.$3.00 19 Perforated Pipe – 4”L.F.$5.00 Excavation Rates: ITEM NO DESCRIPTION UNIT HOURLY RATE 1 Trackhoe HR $100.00 2 Backhoe HR $80.00 3 Compactor/Roller HR $70.00 4 Dump Truck HR $90.00 5 Backhoe with Breaker HR $90.00 6 Small Dozer HR $90.00 7 Laborer HR $35.00 00500 AGREEMENT Page 3 of 3 ARTICLE 4. PROGRESS PAYMENTS The Contractor may submit each month, and no more than once a month, a Request for Payment for Work completed in accordance with the Specifications. The Owner will make partial payments on or about thirty, (30) days after submission of a properly completed invoice and approval of the completed work. At the Engineer’s discretion, a ten percent (10%) retainage may be held until final completion and acceptance of the work. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due sixty, (60) days after substantial completion of the work, provided the work will then be fully completed and the Contract fully performed in accordance with the specifications. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. CONTRACTOR CITY OF PADUCAH, KENTUCKY BY ____________________________ BY ____________________________ George Bray, Mayor ADDRESS: ADDRESS: 616 Northview St Post Office Box 2267 Paducah, KY 42001 Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: February 9, 2021 Short Title: Approve an Agreement with Commonwealth Economics for Professional Services related to the Tax Increment Financing District - J ARNDT Category: Ordinance Staff Work By: Katie Axt Presentation By: James Arndt Background Information: Since 2016, the City of Paducah has been working with Commonwealth Economics (CE) to research, analyze, and develop a TIF district. To that end, the City has successfully established a TIF district that has been given preliminary approval by the Kentucky Economic Development Finance Authority (KEDFA) with CE assistance. KEDFA is expected to grant Final Approval in February. As the City prepares for final approval by KEDFA and setting up the administration of the TIF accounts and reports, the consulting and compliance services of CE are sought. CE has unique qualifications and experience in this area. They frequently advise local governments on Tax Increment Financing and have been engaged for its consulting and compliance services in Lexington, Louisville, Owensboro, Bowling Green, and a number of other cities across the Commonwealth. Does this Agenda Action Item align with a Strategic Plan Action Step? Yes If yes, please list the Action Step Item Codes(s): E-3 Promote occupancy in all downtown buildings E-4 Continue developing the riverfront from the Carson Center to the Convention Center E-5 Maintain all of our commercial corridors I-1 Connect main commercial corridors by bike paths and/or bike lanes I-9 Downsize the City’s ownership in real estate N-2 Encourage, incentivize, and/or support more housing options throughout the City N-5 Evaluate, plan, partner, and create pedestrian access to parks from residential areas Funds Available:Account Name: TIF/Opportunity Zone Account Number: DT0044 Staff Recommendation: Approve Attachments: 1.ORD - TIF Consultant Commonwealth Economics 2-2021 2.Paducah_TIF Consulting Proposal_Updated 2021_Revised ORDINANCE 2021-_____-________ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH COMMONWEALTH ECONOMICS PARTNERS, LLC FOR CONSULTING SERVICES RELATED TO THE TAX INCREMENT FINANCING (TIF) PROGRAM FOR THE PADUCAH RIVERFRONT DEVELOPMENT PROJECT WHEREAS, in June of 2018 the Board of Commissioners approved Municipal Order No. 2111 authorizing a professional services agreement with Commonwealth Economics in an amount not to exceed $78,000 for consulting services related to the Tax Increment Financing Program; and WHEREAS, in December of 2019 the Board of Commissioners approved Ordinance No. 2019-12-8607 authorizing a professional services agreement with Commonwealth Economics in an amount of $43,824.80 plus direct expenses in an amount not to exceed $4,000 for consulting services related to the Tax Increment Financing (TIF) Program; and WHEREAS, the City Manager executed a contract with Commonwealth in August 2020, authorizing professional services in an amount not to exceed $30,000 for consultant services related to finalizing the TIF Program; and WHEREAS, the City of Paducah is now preparing for the final approval by the Kentucky Economic Development Finance Authority of the Tax Increment Financing Program; and WHEREAS, it is now necessary to update the contract with Commonwealth Economics for additional consulting services; 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 BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a professional services agreement with Commonwealth Economics Partners, LLC, for the Tax Increment Financing (TIF) Program in substantially the form attached hereto and made part hereof (Exhibit A). This agreement supersedes and replaces the previous agreements with Commonwealth Economics. SECTION 2. This expenditure shall be charged to the TIF/Opportunity Zone Project No. DT0044. 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, ____________________________ Adopted by the Board of Commissioners, ______________________________ Recorded Lindsay Parish, City Clerk, __________________________________ Published by The Paducah Sun, _________________________ \ord\plan\TIF Consultant Commonwealth Economics 2-2021 EXHIBIT A Paducah Downtown Riverfront Redevelopment Mixed-Use TIF Project Consulting Services Submitted To: City of Paducah Submitted By: Commonwealth Economics Partners, LLC February 2021 Page | 2 Dear Mayor Bray: Commonwealth Economics Partners, LLC (“Commonwealth Economics” or “CE”) is pleased to provide the City of Paducah (“City” or “Paducah”) with a proposal for consulting services regarding its Downtown Riverfront Mixed-Use Tax Increment Financing (“TIF”) Project (“Project”). CE frequently advises local governments throughout the TIF approval process and provides comprehensive guidance related to TIF compliance for approximately 15 different development projects, taking a lead role throughout the reimbursement process toward recovery of over $1 billion in awarded incentives. Commonwealth Economics is a registered Municipal Advisor with the Securities and Exchange Commission (“SEC”) and the Municipal Securities Rulemaking Board (“MSRB”). I. PROPOSED SERVICES Commonwealth Economics agrees to provide the following consulting services: A. State TIF Approval Process Services: Commonwealth Economics will continue to assist the Project team throughout the required meetings and discussions with the Cabinet for Economic Development (“CED”), Kentucky Economic Development Finance Authority (“KEDFA”), and the state’s third- party TIF consultant regarding the economic and fi scal impacts of the Project, and will continue to work with Project team members to negotiate and finalize the TIF incentive agreement with KEDFA. B. TIF Compliance Services: Commonwealth Economics will use reasonable efforts to assist the City and Project team members with ongoing guidance, support, training, and representation during the term of the contract. Our services will be targeted to the tasks which are critical for the Project to remain in compliance with the TIF agreements in place with KEDFA. These services include: • Working with the City and state agencies to accurately set the tax baseline for the TIF Project. Getting the tax baseline set accurately from the beginning is a vital step, as the state Department of Revenue (“DOR”) and KEDFA will not amend their tax baseline once annual Page | 3 increment payments have begun. Commonwealth Economics will take the lead role and assist the City and Project team members, including: ✓ Documenting the businesses operating within the footprint during the baseline year and obtaining and compiling TIF business questionnaires from such businesses. These questionnaires are required by the state DOR as a condition of the Tax Incentive Agreement (“TIA”) with KEDFA . ✓ Developing an internal estimate of the tax baseline based on the information collected and other available information. ✓ Completing and submit the required Old Revenues form, with related TIF questionnaires and tax estimates for each business , to KEDFA and working with them and DOR to ensure their list of businesses included in the baseline calculation match the City’s, and that the state tax baseline calculated by DOR is reasonable based on the internal estimate. ✓ CE will serve as a point of contact with DOR throughout the process, or as the City requests. • Working with the City and Project construction managers to accurately report the capital investment related to the Project. Semi- Annual reporting of the capital investment is required by KEDFA through minimum capital investment and then once annually until the completion of the Project and is subject to an independent audit at up to three different milestones . The amount available for reimbursement to the Project will be dependent upon the extent to which the required investment threshold is met. This process entails: ✓ Working with construction contractors to educate them on the information required and establishing a periodic submission schedule. ✓ Collecting and compiling detailed capital investment (including public infrastructure) information at periodic intervals from the Project’s construction manager(s). Page | 4 ✓ Completing and submitting the required capital investment form the Project to KEDFA by January 30th and July 31st each year as may be required until the Project is completed . ✓ Working with the City to answer questions during the independent CPA audits of the Project’s capital investment and public infrastructure reporting. • Working with the City and Project cons truction managers to collect and compile wage withholdings on construction workers within the footprint, as may be applicable. Once the Project’s TIF has been activated, the wage withholdings on construction workers are eligible to be recovered as part of the annual increment. This process entails: ✓ Working with construction contractors to educate them on the information required and establishing a periodic submission schedule. ✓ Obtaining and compiling TIF business questionnaires from each contractor and sub -contractor working on the Project within the footprint. ✓ Collecting and compiling periodic payroll reports or other detailed payroll information containing wage withholding information. ✓ Incorporating collected information into the annual request for increment reimbursement. • Working with the City to compile, review, and complete the annual Request for Disbursement. This process entails: ✓ Documenting the businesses operating within the footprint during the applicable calendar year. ✓ Obtaining and compiling TIF business questionnaires from new businesses operating within the footprint (for which TIF questionnaires have not previously been received). ✓ Developing an internal estimate of the tax revenues for the applicable year based on the information collected and other available information. Page | 5 ✓ Completing and submitting the required Request for Disbursement form to KEDFA and DOR by April 30th of the following year. ✓ Working with DOR to ensure their list of businesses included in the annual increment calculation matches the City’s, and the increment calculation by DOR is reasonable based on the internal estimate. ✓ CE will serve as a point of contact with DOR throughout the process, or as the City requests. • CE will also provide instructional training and advice to City staff assigned to work on TIF related matters throughout each of these processes. CE recommends that each of the processes discussed above be completed as a joint effort between CE and City staff to use each as a hands-on training opportunity for City staff during the term of this contract. C. TIF Project Scope Analysis: CE will be available to work with the City to review any changes to the Project scope or Project timing that represents a significant deviation from the Application and discuss how such changes might impact the Project’s qualifications . This analysis and discussion would be limited to such evaluation that would not but utilized to determine funding of certain components or estimation of tax revenues that would be used to support any debt instruments. The advice provided under this section would be limited to general TIF Proje ct advice and would not be deemed to be advice that would be considered financial advisory practices. Any such advice would need to be qualified under a separate contract pursuant to a specific issuance of debt or evaluation of the same. Page | 6 II. FEES AND COMPENSATION Compensation payable to Commonwealth Economics for all services rendered pursuant to this Agreement shall be as follows: A. Section I (A): Any unpaid balance for services provided under the previous agreement executed on August 25, 2020 and made effective from July 1, 2020 through February 1, 2021 will be due upon execution of this Agreement. A flat fee of $4,000.00 per month will be billed and due each month for services described under Section I (A). Section I (B) and (C): Following final approval at completion of Section I(A), a flat fee of $1,750.00 per month will be billed and due each month until such time as the portion of the Project known as the “City Block” phase begins construction. At that time, the flat fee will increase to $3,500.00 per month, which will be billed and due each month for services described under Sections I (B) and (C). B. Commonwealth Economics will provide a travel allowance of two trips per year to Paducah, KY which may be needed in order to conduct perioding canvassing of the Development Area or meet with and present to City officials as may be necessary. CE is also willing to convene via phone or other means of electronic communication with City officials and area businesses as may be required. C. Payment shall be due within 15 days pursuant to an invoice presented upon reaching project milestones or monthly as expenses may occur, and such invoice shall indicate a description of any out of pocket and third-party expenses incurred over the prior month. III. DURATION A. This Agreement shall be considered a professional service contract, which shall commence on February 1, 2021, and shall continue until notified of cancellation by either party, as provided in the following section. B. Either party may terminate this Agreement by submitting at least thirty (30) days written notice to the non-terminating party of such intent to terminate. In the event of termination, payment for services rendered up to and Page | 7 including the date of termination shall be based upon the work completed at the rates and conditions identified in this Agreement. C. Upon notice of intent to terminate, Commonwealth Economics shall immediately discontinue performance of the service to the extent specified in the notice. D. Execution of this Agreement shall constitute written notice to proceed. IV. EMPLOYER/EMPLOYEE RELATIONSHIP It is expressly understood that this Agreement creates NO employer/employee relationship, nor does it cause Commonwealth Economics to be an officer or official of the City. Commonwealth Economics shall at all times be acting as an independent contractor in all matters related to this Agreemen t and shall have no authority to act as agent of the City and shall not hold itself out as such. By executing this Agreement, the parties hereto certify that its performance will not constitute or establish a violation of any statutory or common law princi ple pertaining to conflict of interest, nor will it cause the unlawful benefit or gain to be derived by either party. V. CONFIDENTIALITY Any reports, information, data, etc., provided to, prepared, or assembled by Commonwealth Economics shall be kept confide ntial and shall not be made available by Commonwealth Economics to any individual or organization without the prior written approval of the City. All documents, including but not limited to; studies, surveys, reports, date notes, computer files, and files and other documents prepared, developed, or discovered in connection with providing any services under this Agreement, shall become the property of the City. The provisions of this section shall survive any termination of this Agreement. VI. LIMITATIONS & DISCLAIMER It is expressly acknowledged that Commonwealth Economics cannot guarantee the performance or success of any proposed project, bond issue, loan, grant , or the ability to obtain funding from any source. Furthermore, Commonwealth Economics cannot guarantee the availability of funds or a specified rate of return on any investment; the market value of any security; the future value of any investment or real property; the performance of any investment manager, advisor, municipal Page | 8 advisor, custodial firm or any other third -party consultant. The services provided by Commonwealth Economics are based upon certain projections, judgments, and assumptions, in certain cases provided by third parties, for which Commonwealth Economics cannot guarantee. Circumstances may occur over the life of the contract and Project that are counter to the assumptions, projections, and judgments and may affect the realized value from the Project. Further, projections made and used are for multi-year periods; the results for individual years may vary significantly from forecasted values , and there is no assurance that the actual impacts and revenues received will be sufficient to justify the proposed Project or to repay any obligations. The parties acknowledge that Commonwealth Economics is not acting as a Municipal Advisor as defined by Section 15B of the Securities and Exchange Commission Act of 1934 to the City of Paducah or McCracken County. Additionally, Commonwealth Economics is not providing advice or a recommendation with respect to any municipal financial product or the issuance of municipal securities, including with respect to the structure, timing, terms, and other simil ar matters concerning such financial products or issues to the City of Paducah or McCracken County. The parties further acknowledge that Commonwealth Economics has not agreed with the City or County, in this Agreement or any other agreement, verbal or written, to offer or sell any security, act as an underwriter, placement agent, broker - dealer or market-maker in any security. The compensation paid to Commonwealth Economics herein is not, and shall not be construed as, compensation for the offer or sale of any security or for the purpose of underwriting, making a market or acting as a broker-dealer or placement agent in any security, or the submission of an application to make a market in any security. ********************************** Page | 9 If this proposal meets your approval, please indicate by signing in the appropriate space below. Should you have any questions, please feel free to contact me at (859) 246-3060. Sincerely, John R. Farris Client Signature:______________________________________ Title:_____________________________________ Date:_____________________________________ CE Signature:______________________________________ Title:_____________________________________ Date:_____________________________________ Page | 10 Commonwealth Economics Partners, LLC John R. Farris John Farris founded Commonwealth Economics in 2007 and is President and Managing Partner of the company. He served as an economist at the Center for Economics Research at the Research Triangle Institute, as well as a senior economics consultant with both the World Bank and the International Finance Corporation. From 2006 to 2007, Mr. Farris served as Secretary of the Finance and Administration Cabinet for the Commonwealth of Kentucky. Mr. Farris currently serves on the Board of Directors of Green Brick Partners (NASDAQ: GRBK) and Kentucky Technology Inc. Mr. Farris received a full-tuition fellowship to study economics and finance at the Woodrow Wilson School at Princeton Univers ity, where he was awarded a Master’s Degree. Before attending Princeton, Mr. Farris studied economics and philosophy at Centre College, from which he graduated Phi Beta Kappa. Mr. Farris holds the FINRA/MSRB Series 50 and 54 designations as Commonwealth Ec onomics Principal Municipal Advisor. F. Thomas Howard F. Thomas (Tom) Howard joined Commonwealth Economics in 2013 as a Partner. He retired from the Commonwealth of Kentucky’s Office of Financial Management (“OFM”) in the Finance and Administration Cabine t where he served as the Executive Director since 2005 and previously as the Deputy Executive Director. In that capacity he oversaw the Commonwealth’s $12 billion investment and appropriation-supported debt programs. Mr. Howard has a background in banking and investment management. Before joining the Commonwealth in 1989 as a portfolio manager, Mr. Howard held various positions with First Security Bank & Trust Company and Eclipse Capital Management, Inc. In addition, Mr. Howard served three years as a publi c member and issuer representative of the Municipal Securities Rulemaking Board, which regulates the activities of banks and broker-dealers under the direction of the Securities and Exchange Commission. He is also a past chair of the State Debt Management Network, an affiliate of the National Association of State Treasurers. Page | 11 During his tenure, Mr. Howard assisted the Commonwealth’s legal team with the Department of Revenue v. Davis Case, which worked its way through the state court system before being heard by the United States Supreme Court. The question before the court was for providing an income tax exemption for interest on bonds issued by the state, while denying the exemption to interest on bonds issued by other states. The Supreme Court ultimately ruled in favor of the Commonwealth. Additionally, Mr. Howard was very active in planning and financing many of the state’s highest profile projects, such as the Louisville Yum Center Project, the Louisville Southern Indiana Ohio River Bridges Project, the Un iversity of Kentucky Hospital, Louisville Metro Center City (Omni) Project, the new Lexington Convention Center and Rupp Arena renovations, the University of Kentucky Winslow Public Private Partnership and most recently funding of the settlement agreement for the Kentucky Communication Network Authority and the Kentucky Wired broadband project. Mr. Howard received his Bachelor’s of Business Administration with a concentration in finance from the University of Kentucky and holds the FINRA/MSRB Series 50 and 54 designations as Commonwealth Economics Principal Municipal Advisor. Brett L. Antle, CPA Brett Antle is a Partner at Commonwealth Economics. Mr. Antle has over 25 years of experience in financial consulting, government finance and accounting. Since joining Commonwealth Economics in 2013, Mr. Antle has provided quantitative and financial analysis on several types of projects, including sports arenas, infrastructure, and a variety of mixed-use commercial developments. Before retiring from the Commonwealth of Kentucky’s Finance and Administration Cabinet in 2012, Mr. Antle served in various roles within the Office of State Controller where he managed the implementation of several financial, reporting and eCommerce systems. He served the last several year s of his career with the Commonwealth as the Deputy Executive Director of the Office of Financial Management where he managed the Commonwealth’s appropriation-supported debt program and participated in the structuring and issuance of several billion dollars of taxable and tax -exempt bonds. Mr. Antle has also worked as an independent consultant on a number of financial system implementations. Page | 12 Mr. Antle received his Bachelor of Science degree in Accounting from the University of Kentucky. Mr. Antle is a licen sed Certified Public Accountant in Kentucky and holds the FINRA/MSRB Series 50 Municipal Advisor designation. Casey R. Bolton Casey Bolton is a Partner at Commonwealth Economics. Mr. Bolton has specialized in various forms of economic analysis, including managing a number of feasibility analyses and economic and fiscal impact studies since joining CE in 2009. Mr. Bolton has conducted feasibility analyses and impact studies for a wide variety of businesses and development projects and has guided several of them through the approval process towards receiving millions of dollars in funding. Mr. Bolton has experience in dealing with various forms of economic incentive programs at both the State and Federal level, especially Tax Increment Financing, and has been involved in the analysis and structuring of a variety of public -private partnership project delivery models throughout the region. Mr. Bolton also has experience working with early stage companies to develop business plans, scenario -based financial models, pitch books, and offering documents in order to raise capital. Mr. Bolton received his Bachelor of Science degree in Financial Economics with a minor in Political Economy from Centre College in Danville, Kentucky and holds the FINRA/MSRB Series 50 Municipal Advisor designation. Austin M. Arnold Austin Arnold is a Senior Associate at Commonwealth Economics. Mr. Arnold has experience helping projects in the early stages of development assess market feasibility, identify possible tax incentive programs, and quantify the economic and fiscal impacts of their project. Mr. Arnold has also worked on multiple incentive program applications across multiple states that have received successful approval for millions of dollars in funding. Additionally, M r. Arnold has been involved in a number of specialized reports for private and public clients in need of unique solutions for complex projects. Before joining Commonwealth Economics, Mr. Arnold served the Centre College Athletic Administration where he ass isted the implementation of a new financial Page | 13 database. Additionally, Mr. Arnold has experience analyzing quantitative and financial data in his role as a Financial Counselor for 21st Mortgage Corporation. Mr. Arnold received his Bachelor of Science degree i n Economics and Finance from Centre College in Danville, Kentucky. Haddon V. Alford Haddon Alford joined Commonwealth Economics in 2019 as an Associate. Mr. Alford is responsible for assisting projects with compliance with Local, State and Federal level economic incentive programs. Mr. Alford also provides various support to projects with regard to their analysis and structured debt financing. Before joining Commonwealth Economics, Mr. Alford worked briefly in congressional politics and, prior to that, assisted in product and financial feasibility analysis in the steel manufacturing industry. Mr. Alford earned a Bachelor of Science degree in Finance and a Bachelor of Science degree in Marketing from the Darla Moore School of Business at the University of South Carolina with a minor in Political Science.