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HomeMy WebLinkAboutCCMPacket2021-03-23CITY COMMISSION MEETING AGENDA FOR MARCH 23, 2021 5:30 PM CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION Commissioner Wilson PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS MAYOR'S REMARKS NEW EMPLOYEE INTRODUCTIONS Nathan Simmons, Deputy Fire Marshal; Jeremi Bumpus, Police Recruit Officer; Julia Sutterfield, Police Recruit Officer PRESENTATION KCCMA Recognition - City Manager Arndt PRESENTATION Update on Lou Hammond Group PR Plan - Mary Hammond 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 March 4th, 9th & 11th B.Receive & File Documents C.Personnel Actions D.Application and Acceptance of the 2021-2022 Kentucky Household Hazardous Waste Grant in an amount of $25,545 - C YARBER E.Application for the Park Steward Grant Program through the National Park Service in the amount of $3,000 - A CLARK F.Application for a 2021 AARP Community Challenge Grant in an amount of $31,066 - A CLARK G.Acceptance of the FY2020 Certified Local Government matching grant program through the Kentucky Heritage Council in an amount of $22,500- J SOMMER H.KOHS 2020 Grant Acceptance in the amount of $314,450 for radio equipment upgrades for the Paducah Police Department - B LAIRD II. MUNICIPAL ORDER(S) A.Purchase of One (1) 1Ton Transit Van for use by the Police Department in the amount of $46,682.00 - C YARBER III. ORDINANCE(S) - ADOPTION A. Closure of an Alley Extending Northwest of Irvin Cobb Drive Between 2170 and 2190 Irvin Cobb Drive - R MURPHY B. Closure of Two Alleys Extending North of Kentucky Avenue Between 1039 & 1041 Kentucky Avenue and Between 1034 Broadway and 1039 Kentucky Avenue - R MURPHY C. Bid Award for 2021-2022 Street Resurfacing Program - R MURPHY D. Approve AFSCME Contract to be Effective July 1, 2021 - J ARNDT IV. ORDINANCE(S) - INTRODUCTION A.Amendment to Professional Services Contract with Strand Associates in the amount of $49,000.00 - R MURPHY B.Zoning text amendment of Section 126-87 Mobile Food Vehicles - J SOMMER C.Zoning text amendment of Section 126-115 Historical Zones, H-1 and H-2 - J SOMMER V. DISCUSSION A.Entertainment Destination Center Discussion - K BYERS B.City of Paducah General Fund Key Performance Indicators (KPI) - J PERKINS VI. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VII. EXECUTIVE SESSION March 4, 2021 At a Called Meeting of the Paducah Board of Commissioners held on Thursday, March 4, 2021, at 5:00 p.m. at Soirées Events & Catering located at 2069 Irvin Cobb Drive, Paducah, KY 42001, KY, 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). The public was invited to attend this meeting in person. PUBLIC FORUM Members of the public were invited to make comments related to ideas and concerns impacting the Southside area of Paducah. ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Gault, 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 6:10 p.m. ADOPTED: March 23, 2021 ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk March 9, 2021 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, March 9, 2021, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, 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). INVOCATION: Commissioner Henderson led the invocation PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. MAYOR’S REMARKS The Southside meeting last Thursday was well attended. He has received a lot of positive feedback through email from people who are wanting to volunteer. The 911 meeting established priorities and initiatives. The main issue is funding the project. 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 February 23, 2021, Paducah Board of Commissioners Meetings I(B) Receive & File Documents Minute File: 1. Notice of Regular Meeting of the Board of Commissioners – February 23, 2021 Contract File: 1. Agreement with Harper Construction, LLC for 2021-2022 Concrete Program – ORD 2021-02-8674 2. Agreement with Commonwealth Economics For Professional Services related to the Tax Increment Financing District – ORD 2021-02-8675 3. Tyler Technologies Contract Amendment for EnerGov and Munis – MO #2432 Financials File: 1. Paducah Water – January, 2021 2. Paducah Junior College – year ended June 30, 2020 3. Paducah Junior College – Television Department – July 2019-June 2020 Annual Report Bids File: 1. ESRI – Quotations MO #2436 I(C) Personnel Actions I(D) Appointment of Jennifer Colwell to replace Stefanie Horton and Charles Leon Owens to replace Earlie Fugate on the Civil Service Commission. Said terms shall expire March 9, 2024. March 9, 2021 I(E) Appointment of Melinda Winchester to replace Paul King and Greg McCord to replace Keith Petraitis on the Historical & Architectural Review Commission (HARC). Said terms shall expire March 9, 2024. I(F) Reappointment of April Cochran and Mary Katz to the Creative & Cultural Council. Said terms shall expire March 24, 2024. I(G) Reappointment of Albert Parker to the Municipal Housing Commission. Said term shall expire July 24, 2024. I(H) Reappointment of Rick Loyd to the Paducah Golf Commission. Said term shall expire March 26, 2025. I(I) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR AND ACCEPT GRANT FUNDS THROUGH THE KENTUCKY DEPARTMENT FOR LIBRARIES & ARCHIVES (KDLA) FOR A FY2022 LOCAL RECORDS PROGRAM GRANT IN THE AMOUNT OF $42,772 BASED ON THE BIDS RECEIVED, FOR SERVICES RELATED TO DIGITIZING RECORDS FOR THE PADUCAH POLICE DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT AND ALL DOCUMENTS RELATED TO SAME. (MO#2437; 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 PADUCAH-MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY (IDA) Commissioner Wilson offered motion, seconded by Commissioner Guess, that the Board of Commissioners approve the action of Mayor Bray in the appointment of J. P. Kelly, Bob Turok, and Keith Anderson, to the Paducah-McCracken County Industrial Development Authority (IDA), said terms shall expire March 31, 2025, March 31, 2024, and March 31, 2023, respectively. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). MUNICIPAL ORDERS CITY COMMISSION PRIORITIES Commissioner Guess offered motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, ADOPTING THE CITY COMMISSION PRIORITIES, THE CONTINUOUS IMPROVEMENT GOALS AND WIL ACTION ITEMS FOR CALENDAR YEAR 2021 AND REPEALING MUNICIPAL ORDERS 2098, 2207 AND 2368.” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2438; BK 11) March 9, 2021 CITY HALL HISTORIC TAX CREDIT GRANT PHASE II Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING AN APPLICATION TO THE KENTUCKY HERITAGE COUNCIL FOR A HISTORIC TAX CREDIT ALLOCATION FOR THE CITY HALL RENOVATION PHASE II PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME.” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2439; BK 11) EMERGENCY SOLUTIONS GRANT (ESG-CV) – EMERGENCY SHELTER – KENTUCKY HOUSING CORPORATION Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING AND RATIFYING AN APPLICATION FOR A 2021 EMERGENCY SOLUTIONS GRANT (ESG-CV) FOR EMERGENCY SHELTER IN THE AMOUNT OF $31,500 THROUGH THE KENTUCKY HOUSING ON BEHALF OF COMMUNITY MINISTRIES, INC., d/b/a COMMUNITY KITCHEN, FOR COVID-19 RELATED HOMELESS EXPENSES EXPENDITURES AND AUTHORIZING & RATIFYING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME.” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2440; BK 11) ORDINANCE ADOPTION AMENDING CHAPTER 50, ARTICLE III, “STORMWATER CONVEYANCE AND MANAGEMENT” OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY Commissioner Wilson offered motion, seconded by Commissioner Guess, that the Board of Commissioner adopt an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 50, ARTICLE III. “STORMWATER CONVEYANCE AND MANAGEMENT” OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY.” This Ordinance is summarized as follows: this Ordinance is being enacted pursuant to mandates imposed by the Federal Clean Water Act, the National Pollution Discharge Elimination System, and the Kentucky Pollutant Discharge Elimination System in particular those parts that require local governments to comply with water pollution control requirements. This ordinance amends Paducah Code of Ordinances Chapter 50, Article III. “Stormwater Conveyance and Management” to come into compliance with Post- Construction Runoff Control requirements of the Kentucky Division of Water pursuant to the Clean Water Act. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). ORD 2021-03-8676; BK 36) ORDINANCE INTRODUCTION CLOSURE OF ALLEY – 2170 & 2190 IRVIN COBB DRIVE March 9, 2021 Commissioner Wilson offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY EXTENDING NORTHWEST OF IRVIN COBB DRIVE BETWEEN 2170 & 2190 IRVIN COBB DRIVE, 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 an alley extending northwest of Irvin Cobb Drive between 2170 & 2190 Irvin Cobb Drive, and authorizes, empowers and directs the Mayor to execute a quitclaim deed from the City to the property owners in or abutting the public ways to be closed. CLOSURE OF ALLEY – 1039 & 1041 KENTUCKY AVENUE AND BETWEEN 1034 BROADWAY AND 1039 KENTUCKY AVENUE Commissioner Gault offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE PROVIDING FOR THE CLOSING OF TWO ALLEYS EXTENDING NORTH OF KENTUCKY AVENUE BETWEEN 1039 & 1041 KENTUCKY AVENUE AND BETWEEN 1034 BROADWAY & 1039 KENTUCKY AVENUE, 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 extending North of Kentucky Avenue between 1039 & 1041 Kentucky Avenue and between 1034 Broadway & 1039 Kentucky Avenue, and authorizes, empowers and directs the Mayor to execute a quitclaim deed from the City to the property owners in or abutting the public ways to be closed. BID AWARD FOR 2021-2022 STREET RESURFACING PROGRAM – JIM SMITH Commissioner Wilson offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE ACCEPTING THE BID OF JIM SMITH CONTRACTING COMPANY, LLC, FOR THE CITY OF PADUCAH’S CALENDAR YEARS 2021 AND 2022 STREET RESURFACING PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME.” This ordinance is summarized as follows: That the City of Paducah accepts the bid of Jim Smith Contracting Company, LLC, for the City of Paducah’s calendar years 2021 and 2022 street resurfacing program with the option of a one-year renewal agreement upon the mutual agreement of both parties, said bid being in substantial compliance with the bid specifications and advertisement for bids, and as contained in the bid of Jim Smith Contracting Company, LLC, of February 25, 2021, and authorizes the Mayor to execute a contract for the following prices: RESURFACING ITEM DESCRIPTION UNIT UNIT PRICE 1. Bituminous Surface/Base Ton $78.00 2. Milling Texture Ton $50.00 3. Shoulder Construction Ton $40.00 PAVEMENT MARKINGS March 9, 2021 ITEM UNIT BID NO DESCRIPTION UNIT PRICE 1 Paint – 4” Line L.F. $0.25 2 Paint – 12” Stop Lines L.F. $2.50 3 Paint – 24” Stop Lines L.F. $5.00 4 Paint – Straight Arrow Each $50.00 5 Paint - Turn Arrow Each $50.00 6 Paint - Combination Arrow Each $100.00 7 Paint – 8” Crosswalks L.F. $1.25 8 Paint - "School" Each $125.00 9 Paint - RR Crossings Each $500.00 10 Paint – “STOP” Each $200.00 11 Paint – “ONLY” Each $200.00 12 Paint – Handicap Symbol Each $35.00 13 Paint – 4” Parking Lot Lines L.F. $0.50 14 Thermo – 4” Line L.F. $1.25 15 Thermo – 12” Stop Lines L.F. $4.50 16 Thermo – 24” Stop Lines L.F. $9.00 17 Thermo – Straight Arrow Each $100.00 18 Thermo - Turn Arrow Each $100.00 19 Thermo – Combination Arrow Each $250.00 20 Thermo – 8” Crosswalks L.F. $3.00 21 Thermo - "School" Each $275.00 22 Thermo - RR Crossings Each $500.00 23 Thermo – “STOP” Each $250.00 24 Thermo – “ONLY” Each $250.00 EQUIPMENT RENTAL March 9, 2021 ITEM NO DESCRIPTION UNIT HOURLY PRICE 1 Excavator – Small HR $140.00 2 Excavator - Medium HR $175.00 3 Excavator with Mulching Head HR $175.00 4 Skid Steer Loader HR $120.00 5 Dump Truck -Tandem HR $85.00 6 Dump Truck – Tri-axle HR $85.00 7 Motor Grader - Medium HR $175.00 8 Dozer- Small HR $155.00 9 Dozer- Medium HR $175.00 10 Laborer HR $70.00 11 Vibratory Roller – Small HR $130.00 12 Vibratory Roller - Medium HR $150.00 APPROVE AFSCME CONTRACT 2021-2024 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 CONTRACT BETWEEN THE CITY OF PADUCAH AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 1586.” This Ordinance is summarized as follows: This ordinance authorizes the Mayor to execute a contract between the City of Paducah and American Federation of State, County, and Municipal Employees, AFL-CIO, Local 1586, which will expire June 30, 2024. V. DISCUSSION Communications Manager, Pam Spencer, offered the following discussion summaries: Bond Proceeds Discussion “The Board discussed six potential projects for the nearly $20 million in bond proceeds. The projects are Barkley Regional Airport Terminal, 911 Infrastructure/Funding, Outdoor Sports and Recreation Facility, Stormwater, City Facility Upgrades, and Miscellaneous Projects/Southside Enhancements. Several of these projects are joint projects with McCracken County.” Enterprise Resource Planning Software Update “Assistant City Manager Michelle Smolen updated the Board on the Enterprise Resource Planning Software Project which replaced the software system that the City had been using since 1995. Since the kickoff of this multi-phase project in 2016, the City has completed several phases including Financials (budgeting and purchasing), Revenue, and Property Tax. This month, the City is launching another phase using EnerGov for permitting, inspection, and code enforcement processes. Within the next few weeks, the public will be March 9, 2021 able to use the software to submit permits online, make payments, submit a service request, and schedule inspections.” Enhanced Maintenance Plan for Oak Grove Cemetery “The Paducah Parks & Recreation Department is working to improve maintenance and the community’s safety at Oak Grove Cemetery. Staff will be reviewing the cemetery twice annually and removing items that are not permitted. To give families more time, Parks crews will not remove any items until April 1. Families are asked to visit burial plots this month and remove items of decoration that are not permitted. Items not permitted at burial plots include toys, ornaments, borders, plantings, ground covers (such as stones, gravel, mulch, etc.) candles, unsecured garden benches, or fragile items such as glass. The updated guidelines for the city-owned cemetery located at 1613 Park Avenue are posted at http://paducahky.gov/oak-grove-cemetery. The City reviewed guidelines from other cities for consistency.” CITY MANAGER COMMENTS At the request of Commissioner Wilson, Mary Hammond will attend the next Commission meeting (March 23) to give us an update on the Relocated Workers Program. PUBLIC COMMENTS Heather Cheek made comments about the enforcement of the Guidelines at Oak Grove Cemetery. EXECUTIVE SESSION Commissioner Gault offered motion, seconded by Commissioner Henderson, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topic: 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) RECONVENE IN OPEN SESSION Commissioner Wilson offered motion, seconded by Commissioner Henderson, 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 March 9, 2021 Commissioner Wilson offered motion, seconded by Commissioner Guess, 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 8:29 p.m. ADOPTED: March 23, 2021 ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk March 11, 2021 At a Called Meeting of the Paducah Board of Commissioners held on Thursday, March 11, 2021, at 5:00 p.m. at Soirées Events & Catering located at 2069 Irvin Cobb Drive, Paducah, KY 42001, KY, 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). The public was invited to attend this meeting in person. PUBLIC FORUM Members of the public were invited to make comments related to ideas and concerns impacting the Southside area of Paducah. ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Henderson, 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: March 23, 2021 ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk March 23, 2021 Minute File: 1. Notice of Special Called Meeting of the Board of Commissioners – March 4, 2021 2. Notice of Special Called Meeting of the Board of Commissioners – March 11, 2021 Contract File: 1. Purchase of Rollout Containers, Lids and Additional Replacement Parts from Toter, Inc. MO #2424 2. MAP-GIS Esri License 3-year Renewal $210,000 MO #2436 Proposals: 1. City Management Recruitment Proposals: a. GovHR USA (winning proposal) b. Strategic Government Resources c. Executive Search Services CITY OF PADUCAH March 23, 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. City Manager's Office Signature 3/18/2021 Date CITY OF PADUCAH PERSONNEL ACTIONS PREVIOUS POSITION CURRENT POSITION E911 AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Noel, Christopher Telecommunicator Telecommunicator NCS Non-Ex March 25, 2021 $17.06/hr $17.49/hr PUBLIC WORKS Canter, Thomas J. Fleet Mechanic II Fleet Mechanic II NCS Non-Ex March 11, 2021 $23.59/hr $24.30/hr Ferrell, Christopher Maintenance Supervisor Maintenance Supervisor NCS Ex March 11, 2021 $26.60/hr $27.40/hr Richardson, Casey D. Fleet Mechanic II Fleet Mechanic II NCS Non-Ex March 11, 2021 $22.14/hr $22.80/hr Scutt, James R. Fleet Supervisor Fleet Supervisor NCS Ex March 11, 2021 $25.43/hr $26.19/hr Shaw Jr., Jimi W. Truck Driver ROW Maintenance NCS Non-Ex March 25, 2021 $19.09/hr $19.24/hr E911 POSITION REASON EFFECTIVE DATE Nolan, Stacey Telecommunicator Resignation March 16, 2021 FINANCE Higgins, Matthew Revenue Technician Resignation March 26, 2021 POLICE Cravens, Shawn Police Sergeant Resignation March 24, 2021 March 23, 2021 Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: Application and Acceptance of the 2021-2022 Kentucky Household Hazardous Waste Grant in an amount of $25,545 - C YARBER Category: Municipal Order Staff Work By: Ty Wilson Presentation By: Chris Yarber Background Information: The Kentucky Division of Waste Management, through the Household Hazardous Waste Award Program, funds cities across the commonwealth for annual clean-up days. This grant award program provides a partial reimbursement for the expenses incurred by the city for the disposal and advertising/education of Spring Clean-up Day. For nearly 30 years, this project has been a collaborative effort between the McCracken County Fiscal Court and the City of Paducah. The Engineering/Public Works and Planning Departments desire to submit an application for the 2020-2021 Kentucky Division of Waste Management Household Hazardous Waste Award Program. This grant requires a 25% cash or in-kind match. The City will act as the Lead Agency/Fiscal Agent and seeks an award of $25,545, which will be combined with the required local cash match of $6,386.25 for a project totaling $31,931.25. Local cash match will be divided equally between the city and the county. As in previous years, the City’s share of the local cash match will be paid through the Engineer/Public Works account number 50002209- 520040. Any award offered as a result of this application will require an Inter-local Agreement to be signed and will be brought before the City Commission and Fiscal Court for consideration. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct the Mayor to execute all required application documents. Attachments: 1.MO Household Hazardous Waste 2021 2.DEP 7127 2021-2022 HHW Grant Application Packet MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR AND ACCEPTANCE OF A 2021-2022 KENTUCKY HOUSEHOLD HAZARDOUS WASTE GRANT THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT IN AN AMOUNT OF $25,545 TO ASSIST IN FUNDING THE CITY/COUNTY ANNUAL SPRING CLEAN-UP DAY AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby authorizes the submission of a joint application with the McCracken County Fiscal Court for a Kentucky Household Hazardous Waste Grant through the Kentucky Division of Waste Management in the amount of $25,545 to assist in funding the City/County Annual Spring Clean-up Day. SECTION 2. That the City of Paducah hereby accepts the 2021-2022 Kentucky Household Hazardous Waste Grant through the Kentucky Division of Waste Management in the amount of $25,545 to assist in funding the City/County Annual Spring Clean-up Day. SECTION 3. The City of Paducah and the McCracken County Fiscal Court hereby agree that the City shall act as the lead government agency in meeting all grant requirements, including the local cash match of $6,386.25, which will be split 50/50 with the McCracken County Fiscal Court. SECTION 4. The City’s match of $3,193.13 will be funded through the Engineering/Public Works account number 5000 2209 520040. Funding for the local cash match will be subject to approval of appropriation in the Engineering/Public Works FY2022 budget. SECTION 5. That the Mayor is hereby authorized to execute the Grant Agreement and all related documents with the Kentucky Division of Waste Management. SECTION 6. 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, March 23, 2021 Recorded by Lindsay Parish, City Clerk, March 23, 2021 MO\grants\App & accept Household Hazardous Waste 2021-2022 Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: Application for the Park Steward Grant Program through the National Park Service in the amount of $3,000 - A CLARK Category: Municipal Order Staff Work By: Ty Wilson, Amie Clark Presentation By: Amie Clark Background Information: The Park Steward Program of the National Parks Service provides grants of up to $3,000 to promote creative and innovative volunteer projects as well as support special events. These funds also invigorate growth volunteer programs. Projects will be ranked using the following criteria: • Benefit to volunteers • Potential to increase volunteer hours or number of volunteers • Benefit to park resources • Involvement of underserved park audiences • Promotion of the park’s Volunteer Program • Support from park partners The City of Paducah Parks and Recreation Department wishes to apply for this grant in the amount of $3,000 to begin a start-up volunteer program. Currently, our parks system doesn't have an established volunteer program, but we do receive requests for volunteer hours. We’d like to establish a volunteer program to recruit volunteers and meet the needs of volunteer hours in our community. This will improve the parks and services that we provide our citizens through the work and efforts of volunteers. Volunteers will be utilized to help with clean up projects like riverfront clean up, beautification of our parks and cemetery, as well as assist with event set up, crowd control and customer service at events, etc. The hours provided by volunteers will enhance the department’s efforts on keeping our parks clean. There is no match requirement. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct Mayor to execute all required grant application documents. Attachments: 1.MO Park Steward Grant 2021 MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR THE PARK STEWARD GRANT PROGRAM THROUGH THE NATIONAL PARK SERVICE IN THE AMOUNT OF $3,000 BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute all documents necessary to apply for the Park Steward Grant Program in the amount of $3,000 through the National Park Service to begin a start-up volunteer program. Volunteers will be utilized to help with clean-up projects; i.e., river clean up, beautification of our parks and cemetery, and to assist in event set- up, crowd control and customer service at events. No matching funds are required. 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, March 23, 2021 Recorded by Lindsay Parish, City Clerk March 23, 2021 \mo\grants\NPS – Park Steward Grant 2021 Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: Application for a 2021 AARP Community Challenge Grant in an amount of $31,066 - A CLARK Category: Municipal Order Staff Work By: Ty Wilson, Amie Clark Presentation By: Amie Clark Background Information: The AARP Community Challenge helps local governments and nonprofit organizations make immediate improvements that can jump-start positive change. The AARP Community Challenge provides small grants to fund quick-action projects that can help communities become more livable for people of all ages. Applications are accepted for projects to improve public spaces, housing, transportation, civic engagement, coronavirus recovery, diversity and inclusion, and more. There is no match requirement, but AARP reserves the right to award less funds than requested, so applicants should be prepared to discuss how they would scale down their proposals if asked. The Parks and Rec Department desires to apply for this grant, in the amount of $31,066, to replace water fountains in the parks with bottle filler style fountains. Due to COVID-19, water fountains in the parks were turned off all of last year to try and mitigate the potential spread of the virus. With bottle filler style fountains, the department can reduce the risk of spreading COVID-19. The department will request: 6 pedestal fountains 6 indoor wall mounted fountains 2 outdoor wall mounted fountains Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct Mayor to execute all required grant application documents. Attachments: 1.MO AARP Challenge Grant App 2.AnnouncementExternal_Challenge2021 MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR AN AMERICAN ASSOCIATION OF RETIRED PERSONS (AARP) COMMUNITY CHALLENGE GRANT IN THE AMOUNT OF $31,066 FOR BOTTLE FILLER STYLE FOUNTAINS FOR THE PADUCAH PARKS DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute an application requesting a “quick action” projects grant from the American Association of Retired Persons (AARP) in the amount of $31,066, to replace water fountains in the parks with bottle filler-style fountains. No local cash matching funds are required. 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, March 23, 2021 Recorded by Lindsay Parish, City Clerk, March 23,2021 \mo\grants\AARP Community Challenge 2021 Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: Acceptance of the FY2020 Certified Local Government matching grant program through the Kentucky Heritage Council in an amount of $22,500- J SOMMER Category: Municipal Order Staff Work By: Ty Wilson, Josh Sommer Presentation By: Josh Sommer Background Information: FY2020 Certified Local Government matching grant program through the Kentucky Heritage Council provides funds in 8 priority categories. The City of Paducah has been awarded funds in the amount of $22,500 from the Historic Building Survey category to enable a preservationist, preservationist intern or volunteer to survey the Northside Neighborhood and possibly nominate an area to the National Register of Historic Places if it is so warranted. National Register designation offers the formalization of an area's history and makes the rehabilitation of the buildings eligible for state and/or federal tax credits. Required local match is 40% ($15,000) of project cost ($37,500). Local match will be $750 for an intern stipend and community volunteer time (Midtown Alliance of Neighbors) valued at $3,213 and staff time valued at $14,250. With this award, the Planning Department is moving forward with the National Register nomination. David Taylor, a historic preservation consultant, will perform the survey and the nomination. Currently he has photographed the site and is working on the survey forms to submit to the Kentucky Heritage Council. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct Mayor to execute all required grant acceptance documents. Attachments: 1.MO - award-KY Heritage Grant 2020 2.Paducah_PO_FY2020_Fully Executed -11pp MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER ACCEPTING AN FY 2020 CERTIFIED LOCAL GOVERNMENT MATCHING GRANT PROGRAM THROUGH THE KENTUCKY HERITAGE COUNCIL THE AMOUNT OF $22,500, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME WHEREAS, The City of Paducah authorized the submission of an application for a Certified Local Government matching grant through the Kentucky Heritage Council in an amount of $22,500, by Municipal Order No. 2337; and WHEREAS, the Kentucky Heritage Council has now awarded the grant in the amount requested. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts the FY2020 Certified Local Government Matching Grant Award in an amount of $22,500 for a preservationist, preservationist intern or volunteer to survey the Northside Neighborhood and possibly nominate an area to the National Register of Historic Places if it is so warranted. The required local match is 40% ($15,000) of the project cost ($37,500). The local match will be provided with $750 for an intern stipend, community volunteer time, and City of Paducah staff time. Funding will be provided from the Planning Department’s operational budget. SECTION 2. That the City of Paducah hereby authorizes the execution of all documents to accept the grant award as approved in Section 1 above. 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, March 23, 2021 Recorded by Lindsay Parish, City Clerk, March 23, 2021 \mo\grants\award-KY Heritage Grant 2020 Executive DirectorCraig A. PottsJune 23, 2020 Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: KOHS 2020 Grant Acceptance in the amount of $314,450 for radio equipment upgrades for the Paducah Police Department - B LAIRD Category: Municipal Order Staff Work By: Ty Wilson, Justin Crowell Presentation By: Brian Laird Background Information: The Kentucky Office of Homeland Security (KOHS) grant program, funded by the U.S. Department of Homeland Security, can be used by city and county governments, area development districts and public universities to address high-priority preparedness gaps in order to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. In 2018, the City of Paducah received $117,582 for the purchase of four (4) bomb suits for the Police Department’s FBI Certified Bomb Squad. In 2019, the City received $442,181.76 for an EOD Robot. For the 2020 KOHS funding cycle, the Paducah Police Department has been awarded funds for the purchase of communications equipment - mobile and portable radios, shoulder microphones and chargers - for use by law enforcement. The amount of the award is $314,450.00. There is not a match requirement for this project. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Authorize and direct Mayor to execute all required grant acceptance documents. Attachments: 1.MO - accept KOHS police-homeland security hand-held radios 2020 2.Award Letter 3.Draft_Paducah_SC_094_2100000923_1_PO_CNTRCT_FORM-CBB signed MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER ACCEPTING A 2020 KENTUCKY OFFICE OF HOMELAND SECURITY (KOHS) GRANT AWARD IN THE AMOUNT OF $314,450, FOR RADIO EQUIPMENT UPGRADES FOR THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME WHEREAS, on March 31, 2020, the Board of Commissioners adopted Municipal Order No. 2335, authorizing the application for a 2020 Kentucky Office of Homeland Security Grant in the amount of $437,172.81; and WHEREAS, the Department of Homeland Security has awarded this grant in the amount of $314,450. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute all documents necessary to accept a 2020 Kentucky Office of Homeland Security Grant in the amount of $314,450, for the purchase of communications equipment - mobile and portable radios, shoulder microphones and chargers - for use by law enforcement. No local cash match or in-kind contributions are required. 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, March 23, 2021 Recorded by Lindsay Parish, City Clerk, March 23, 2021 \mo\grants\KOHS accept police-homeland security hand-held radios 2020 CCOLE@PADUCAHKY.GOV Memorandum of Agreement Template This Memorandum of Agreement (MOA) is entered into, by and between the Commonwealth of Kentucky, the Kentucky Office of Homeland Security (“the Commonwealth”) and the City of Paducah (“the Contractor”) to establish an agreement for the purchase and installation of mobile and portable radios. The initial MOA is effective from March 1, 2021 through September 30, 2022. Scope of Services: The City of Paducah shall utilize grant funding to enhance interoperable communications capabilities of the Paducah Police Department through the purchase of Motorola P25- compliant mobile and portable radios and related equipment, and as approved by the Kentucky Wireless Interoperability Executive Committee (KWIEC). Any change to this scope of work must first be approved by the KWIEC and then the KOHS Grants Management Office. Pricing: $314,450.00 FFY 2020 HOMELAND SECURITY GRANT PROGRAM GRANT INFORMATION AND IDENTIFICATION CFDA Number: 97.067 CFDA Title: Homeland Security Grant Program Award Year: FFY 2020 Federal Agency: Department of Homeland Security/FEMA Pass-Through Agency: Kentucky Office of Homeland Security Kentucky Office of Homeland Security (KOHS) Terms and Conditions KOHS Specific Acknowledgements and Assurances All recipients, sub-recipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing KOHS access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipients must cooperate with any request by KOHS staff to inspect any resource acquired through the program. 2. Sub-recipients notify KOHS immediately of any degradation of capabilities or critical resources. 3. Sub-recipients must respond to all informational requests by KOHS staff in a timely manner. 4. Sub-recipients that submitted applications that included the sharing of resources must adhere to that agreement. Change of Circumstances Each party shall promptly notify the other party of any legal impediment, change of circumstances, pending litigation, or any other event or condition that may adversely affect the party’s ability to carry out any of its obligations under this agreement. Confidentiality The Second Party agrees that any employee or agent acting in its behalf will abide by the state and federal rules and regulations governing access to and use of information provided to the Second Party by the First Party in the administration of this contract. Data Collection/Analysis Limitations No data collected and provided by the First Party shall be used for any other purpose other than those expressly authorized in this agreement. Extensions and Amendments to this Agreement Document Description Page 3 2100000923 City of Paducah 20-046 The terms and conditions of this agreement may be extended or amended according to the provisions of KRS Chapter 45A, and are subject to the approval of the Director of KOHS, the Secretary of the Finance and Administration Cabinet and/or the Legislative Research Commission’s Government Contracts Review Committee. The agency reserves the right to modify this agreement for the addition or deletion of requirements deemed necessary by the agency with the mutual agreement of both parties in accordance with KRS 45A.030 (2); KRS 45A.210 (1); (200 KAR 5:311) Any mutually agreed upon changes to the agreement must be approved, in writing, by KOHS prior to implementation or obligation and shall be incorporated in written amendments to this agreement. This procedure for changes to this approved agreement is not limited to budgetary changes, but also includes changes of substance in project activities and changes in the project director or key professional personnel identified in the approved application. Liability and Indemnity Nothing in this agreement shall be construed as an indemnification by one party of the other for liabilities of a party or third persons for property loss or damage or death or personal injury arising out of and during the performance of this agreement. Any liabilities or claims for property loss or damage or for death or personal injury by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during the performance of this agreement shall be determined according to applicable law. Notices Any notice, transmittal, approval, or other official communication made under this agreement shall be in writing and shall be delivered by hand, facsimile transmission, email, or by mail to the other party. Severability If any provision of this agreement is held judicially invalid, the remainder of the agreement shall continue in full force and effect to the extent not inconsistent with such holding. Sole Benefit This agreement is intended for the sole benefit of the First Party, the Second Party, and, if implementing a federal grant program element, the United States Government, and is not intended to create any other beneficiaries. Subcontractor Requirement The Second Party agrees that all requirements of this agreement shall also be applicable and binding on any subcontractor the Second Party may contract with to meet the statement of work, method of payment, and deliverables of this agreement. All Second Party subcontractors are subject to First Party approval. Successors and Assigns This agreement may not be assigned by a party without the express written consent of the other party. All covenants made under this agreement shall bind and inure to the benefit of any successors and assigns of the parties whether or not expressly assumed or acknowledged by such successors or assigns. Waiver of Breach If a party waives enforcement of any provision of this agreement upon any event of breach by the other party, the waiver shall not automatically extend to any other or future events of breach. IDENTIFICATION OF THE SUBJECT MATTER OF THE CONTRACT Environmental Planning and Historic Preservation (EHP) The Second Party acknowledges that any project considered to constitute ground breaking, attachment of equipment to the interior or exterior of a building or structure, construction or renovation must receive prior approval from FEMA before any work or financial expenditures can be made. Environmental Standards The recipient will comply with all applicable Federal, State, and local environment and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, and Executive Orders on Floodplains (11988), Wetlands (11990), and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Recipient shall not undertake any project having the potential to impact EHP resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbance activities occur during project implementation, the recipient must ensure monitoring of Document Description Page 4 2100000923 City of Paducah 20-046 ground disturbance and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in a non-compliance finding. The Second Party shall provide such information as may be requested by KOHS to ensure compliance with any applicable environmental laws and regulations. Second Party shall not undertake any construction project without the approval of First Party and DHS, as required by the grant guidance. Intellectual Properties The contractor agrees that any formulae, methodology, other reports and compilations of data provided by the First Party to the contractor for the purposes of meeting the terms and conditions of this agreement, or as developed, prepared or produced by the contractor for use by the First Party under the scope of services of this agreement shall be the exclusive property of the First Party. Any use of this material for purposes other than those specifically outlined and authorized by this agreement without prior approval and without appropriate acknowledgement of the funding source, shall be grounds for immediate termination of this agreement and possible criminal prosecution. Kentucky Wireless Interoperability Executive Committee Any portion of this agreement that involves data or voice communication equipment or projects, including data or voice interoperability equipment or projects shall be presented by the Second Party for action by the Kentucky Wireless Interoperability Executive Committee (KWIEC). Furthermore, it is a condition of this agreement that all recommendations of the KWIEC, will be accepted and implemented by the Second Party prior to the commencement of the project addressed in this agreement. A copy of the KWIEC decision will be provided to the First Party by the Second Party. Mutual Aid and Interoperability Memorandum of Understanding The Second Party and any other local entities receiving benefit from these grant funds must have a Mutual Aid Memorandum of Understanding with the Kentucky State Police. NIMS Requirements In accordance with HSPD-5, Management of Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance through grants, contracts, and other activities. Property Control Effective control and accountability must be maintained for all personal property. Sub-recipients must adequately safeguard all such property and must assure that it is issued solely for authorized purposes. Subrecipents should exercise caution in the use, maintenance, protection and preservation of such property. Title: Subject to the obligations and conditions set for in 28 CFR Part 66, title to non-expendable property acquired in whole or in part with grant funds shall be vested in the sub grantee. Non-expendable property is defined as any item having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Use and disposition: Equipment shall be used by the subrecipeint in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal funds. When use of the property for project activities is discontinued, the subrecipent shall request, in writing, disposition instructions from KOHS prior to actual disposition of the property. Theft, destruction, or loss of property shall be reported to KOHS immediately. Inventory: The Second Party must submit to the First Party an inventory of all equipment purchased with these federal funds. This inventory must include a description of the property, a serial number or other identification number, the source of the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. Annually, second party will submit all inventories to the KOHS via an online database or any other form or process deemed by the first party. Equipment Marking The Second Party agrees that, when practicable, equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the Kentucky Office of Homeland Security and the U.S. Department of Homeland Security" in order to facilitate their own audit processes, as well as Document Description Page 5 2100000923 City of Paducah 20-046 Federal audits and monitoring visits, which may result from receiving Federal funding. Additionally, any equipment purchased with funding under this agreement shall, when practicable, bear on it the logos of the Kentucky Office of Homeland Security and the U.S. Department of Homeland Security. Property Purchased by the First Party (KOHS) Property purchased by the First Party for the purposes of fulfilling the requirements of the scope of services for this agreement, and which may include, but not be limited to, furniture, computer software, computer hardware, office equipment, and supplies are considered the property of the First Party and shall remain the property of the First Party. This grant will provide reimbursement funding to the Second party for the specific scope of work described in the Extended Description. Successful completion by the Second party shall include the deliverables as listed in the Extended Description. Entire Agreement This agreement forms the entire agreement between the parties as to scope and subject matter of this Agreement. All prior discussions and understandings concerning the scope and subject matter are superseded and incorporated by this Agreement. CONSIDERATION AND CONDITIONS FOR PAYMENT Availability of Federal Funds This grant award is contingent upon availability of federal funds approved by Congress. Consultant Rate Approval of this agreement does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted and approved by the First Party and FEMA’s National Preparedness Directorate prior to obligation or expenditure of such funds. Earliest Date of Payment No payment on this agreement shall be made before completion of the review procedure provided for in KRS 45A.705, unless alternate actions occur as set out in KRS 45A.695 (7). Payments on personal service contracts and memoranda of agreements shall not be authorized for services rendered after government contract review committee disapproval, unless the decision of the committee is overridden by the Secretary of the Finance and Administration Cabinet or agency head, if the agency has been granted delegation authority by the Secretary. Financial Management System The Second Party agrees to establish and/or maintain a financial management system which shall provide for: Accurate, current, and complete disclosure of the financial results of the functions/services performed under this agreement in accordance with the reporting requirements as set forth in this agreement and attachment(s) thereto; Records that identify the source and application of funds for activities/functions/ services performed pursuant to this contract agreement. These records shall contain information pertaining to federal and/or state funds received, obligations, un-obligated balances, if applicable, assets, liabilities, expenditures and income; Effective control over and accountability for all funds, property, and other assets. The Second Party shall safeguard all such assets and shall assure that they are used solely for authorized purposes in the provision of functions/services under this agreement; Procedures for determining reasonableness, and allowability of costs in accordance with the terms and conditions of this agreement and any attachment(s) thereto; and Accounting records that are supported by source documentation. Interest Income Grant funds not reimbursed immediately to a vendor, subcontractor, etc. must be placed in an interest bearing account. The applicant agrees to be accountable for all interest earned with respect to these grant funds. Interest earned by this grant during the project must be reported and returned to KOHS quarterly. Procurement The acquisition of goods and services by the Contractor in performance of this agreement shall be according to applicable Commonwealth of Kentucky contracting procedures, the standards and procedures contained in applicable federal regulations (2 CFR). For the purpose of any Kentucky Office of Homeland Security (KOHS)-funded projects using FY-2020 funds the sub-recipient will use the provisions of KRS 45A for the purchase of equipment and/or services. For any equipment and/or services under $30,000 three (3) quotes will be obtained. For any equipment and/or services that exceeds $30,000 the provisions of KRS 45A will apply. Document Description Page 6 2100000923 City of Paducah 20-046 Disadvantaged Business Requirement To the extent that the Second Party uses contractors or subcontractors, such recipients shall use small, minority, women-owned or disadvantaged business concerns and contractors or subcontractors to the extent practicable. The Kentucky Procurement Technical Assistance (PTAC) may be available to post bid notifications or provide bid matching services with MBE/WBE businesses for Homeland Security Grant sub- recipients. Refer to www.kyptac.com or contact their office at (859)251-6019. Program Income The applicant agrees to be accountable for all interest or other income earned by the Second Party with respect to grant funds or as a result of conduct of the project (sale of publications, registration fees, service charges, rebates, etc.). All program income generated by this grant during the project must be reported to KOHS quarterly and must be put back into the project or be used to reduce the grantor participation in the program. The use or planned use of all program income must have prior written approval from KOHS. Reimbursement The Second Party is required to sign this agreement with the Kentucky Office of Homeland Security to gain access to its allocated funds. No funds will be forwarded. The funds are allocated on a cost reimbursement basis. To receive reimbursement, the Second Party is required to provide the Kentucky Office of Homeland Security with copies of all obligation documents executed under this agreement and an inventory for equipment purchased. Reimbursement by the First Party to the Second Party shall not exceed the Total Amount as stated in the contractual agreement. Contract Period The subject services and functions are to be performed during the term of this agreement. It is understood that this agreement is not effective and binding until approved by the Secretary of the Finance and Administration Cabinet and/or Legislative Research Commission’s Government Contract Review Committee per KRS 45A.705. Payments Payments to Second Party: Payment by the First Party to the Second Party shall be made only after receipt of appropriate, acceptable and timely request for reimbursements. All invoices must be dated between the effective date and expiration date of this agreement. All reimbursement requests will be submitted on approved Kentucky Office of Homeland Security forms as provided by the First Party and submitted in written format to the First Party by the Second Party. The method of reimbursement will be through electronic funds transfer. Final Request for Reimbursements: Final request for reimbursements must be submitted to the First Party no later than 45 days after the expiration of this agreement. Transfer of Funds The Second Party is prohibited from transferring funds between programs (State Homeland Security Grant Program, Law Enforcement Terrorism Prevention Program, Emergency Management Performance Grant, Interoperable Emergency Communications Grant Program, Emergency Operations Center Grant Program, or any other Federal Grant Program). Vendor Verification The Second Party must verify that the grant lead applicant/sub-recipient and any vendor providing services is not on the Federal Excluded Parties Listing System prior to any contracts funded by federal funds. This verification must be submitted with each reimbursement request to verify that the vendor is not debarred at the time of order. This information may be found at https://sam.gov/ portal/SAM/##11. Reimbursement will not be made without this verification. Closeout The First Party will close out this award when it determines that all applicable administrative actions and all required work of the grant have been completed. Within 30 days after the expiration or termination of this agreement, the Second party must submit all financial, performance and other reports required as a condition of this grant. Document Description Page 7 2100000923 City of Paducah 20-046 Cooperation It is specifically recognized by the Second Party that it is their duty to reasonably accommodate the informational requests of the First Party in a timely manner and in the form they are requested. The Second Party agrees that the sole and final authority on compliance with any federal or state regulations, statues and guidelines with respect to the grant rests with the Second Party and as such, will ensure that every effort is made to honor that compliance guidance. Fusion Center The Second Party agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. Required submissions: AARs and IPs (as applicable) Exercise Evaluation and Improvement Reports Any Second Party funded to provide exercises must report on any scheduled exercise and ensure that an After Action Report (AAR) and Improvements Plan (IP) are prepared for each exercise conducted with FEMA support (grant funds or direct support) and submitted to the FEMA Grants and Preparedness Community of Interest (COI) on the Homeland Security Information Network (HSIN) within 90 days following completion of the exercise. Financial and Compliance Audit Report The Second Party agrees to submit each year, financial information on the total amount of federal funds expended. If the Second Party expends $750,000 or more in total federal grant money during the sub recipient’s fiscal year, an annual audit will be performed and a copy provided to the Kentucky Office of Homeland Security no later than 30 days after receipt of the final audit report. 2 CFR part 200, subpart F Audit of the States, Local Governments, and Non-Profit Organizations. The Second Party is required to submit the Single Audit Report to the Federal Audit Clearinghouse (FAC) https://harvester.census.gov/facweb/. The FAC operates on behalf of the Office of Management and Budget (OMB). Its primary purposes are to: #Distribute single audit reporting packages to federal agencies. #Support OMB oversight and assessment of federal award audit requirement. #Maintain a public database of completed audits #Help auditors and auditees minimize the reporting burden of complying with Single Audit requirements. Monitoring The Second Party shall submit, at such times and in such form as may be prescribed, such reports as the First Party may reasonably require, including financial reports, progress reports, final financial reports and evaluation reports. The Second Party shall also comply with any and all site visit monitoring performed by the First Party. The Second Party agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. Quarterly Reports The Second Party agrees to submit within 30 days after the end of each calendar quarter a written report on all programmatic and financial activities. Quarterly reports will be submitted on approved Kentucky Office of Homeland Security forms as provided by the First Party. Open Records Request for information under the Kentucky Open Records Act which may reasonably lead to the discovery of any information related to Homeland Security records as defined by KRS 61 may not be disclosed without the written approval of the KOHS Executive Director. Performance Timeline Document Description Page 8 2100000923 City of Paducah 20-046 Upon request by the First Party, the Second Party will provide summaries of progress made to date on this agreement. Should the First Party find the performance unacceptable, the First Party shall provide written notification and may cancel the agreement immediately. Retention of Records Records must be retained for three years from the day that the Kentucky Office of Homeland Security submits its final expenditure report for the federal grant funding this project. Approvals This agreement is subject to the terms and conditions stated herein. By affixing signatures below, the parties verify that they are authorized to enter into this agreement and that they accept and consent to be bound by the terms and conditions stated herein. In addition, the parties agree that (i) electronic approvals may serve as electronic signatures, and (ii) this agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement. 2020 The Department of Homeland Security Standard Terms and Conditions The 2020 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2020. These terms and conditions flow down to subrecipients, unless a particular award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. Assurances, Administrative Requirements, Cost Principles, Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non-Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1.Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2.Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3.Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4.Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5.Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. Recipients are required to provide this information once every two (2) years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are only required to submit updates every two years, not every time a grant is awarded. Recipients should submit Document Description Page 9 2100000923 City of Paducah 20-046 the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/ dhs-civil-rights- evaluation-tool. Standard Terms & Conditions l. Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. II. Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. III. Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. IV. Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101–12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. V. Best Practices for Collection and Use of Personally Identifiable Information (PII) Recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. VI. Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. VII. Civil Rights Act of 1968 Recipients must comply with Title VII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Document Description Page 10 2100000923 City of Paducah 20-046 VIII. Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. IX. Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. X. Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). XI. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 XIII. Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. XIV. False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 37293733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) XV. Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) XVI. Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. XVII. Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Document Description Page 11 2100000923 City of Paducah 20-046 XVIII. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. § 2225.) XIX. Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department-supportedorganizations-provide-meaningful- access-people-limited and additional resources on http://www.lep.gov. XX. Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. XXI. National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.(NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. XXII. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. XXIII. Non-Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. XXIV. Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. XXV. Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. XXVI. Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Document Description Page 12 2100000923 City of Paducah 20-046 XXVII. Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. XXVIII. Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirements If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under Pub. L. No. 110-417, § 872, as amended 41 U.S.C. § 2313. As required by Pub. L. No. 111-212, § 3010, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts, will be publicly available. 2. Proceedings about Which Recipients Must Report Recipients must submit the required information about each proceeding that: a.Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the federal government; b.Reached its final disposition during the most recent five year period; and c.One or more of the following: 1)A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; 2)A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; 3)An administrative proceeding, as defined in paragraph 5, that resulted in a finding of fault and liability and the recipient’s payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or 4)Any other criminal, civil, or administrative proceeding if: a)It could have led to an outcome described in this award term and condition; b)It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the recipient’s part; and c)The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Recipients must enter the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. Recipients do not need to submit the information a second time under financial assistance awards that the recipient received if the recipient already provided the information through SAM because it was required to do so under federal procurement contracts that the recipient was awarded. Document Description Page 13 2100000923 City of Paducah 20-046 4. Reporting Frequency During any period of time when recipients are subject to the main requirement in paragraph 1 of this award term and condition, recipients must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that recipients have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For the purpose of this award term and condition: a.Administrative proceeding: means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the federal and state level but only in connection with performance of a federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b.Conviction: means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c.Total value of currently active grants, cooperative agreements, and procurement contracts includes— 1)Only the federal share of the funding under any federal award with a recipient cost share or match; and 2)The value of all expected funding increments under a federal award and options, even if not yet exercised. XXIX. Reporting Subawards and Executive Compensation 1.Reporting of first-tier subawards. a.Applicability. Unless the recipient is exempt as provided in paragraph 4 of this award term, the recipient must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds (as defined in Section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (See definitions in paragraph 5 of this award term). b.Where and when to report. 1)Recipients must report each obligating action described in paragraph 1 of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS.) 2)For subaward information, recipients report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2016, the obligation must be reported by no later than December 31, 2016.) c.What to report. The recipient must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov. 2.Reporting Total Compensation of Recipient Executives. a.Applicability and what to report. Recipients must report total compensation for each of the five most highly compensated executives for the preceding completed fiscal year, if— 1)The total federal funding authorized to date under this award is $25,000 or more; 2)In the preceding fiscal year, recipient’s received— a)80 percent or more of recipients annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and Document Description Page 14 2100000923 City of Paducah 20-046 b)$25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and 3) The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) b. Where and when to report. Recipients must report executive total compensation described in paragraph 2.a. of this award term: 1)As part of the recipient’s registration profile at https://www.sam.gov. 2)By the end of the month following the month in which this award is made, and annually thereafter. 3. Reporting of Total Compensation of Subrecipient Executives. a.Applicability and what to report. Unless recipients are exempt as provided in paragraph 4. of this award term, for each first-tier subrecipient under this award, recipients shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— 1)In the subrecipient's preceding fiscal year, the subrecipient received— a)80 percent or more of its annual gross revenues from Federal procurement contracts(and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and b)$25,000,000 or more in annual gross revenues from Federal procurement contracts(and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and 2)The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/ execomp.htm.) b.Where and when to report. Subrecipients must report subrecipient executive total compensation described in paragraph 3.a. of this award term: 1)To the recipient. 2)By the end of the month following the month during which recipients make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), subrecipients must report any required compensation information of the subrecipient by November 30 of that year. 4. Exemptions If, in the previous tax year, recipients had gross income, from all sources, under $300,000, then recipients are exempt from the requirements to report: a.Subawards, and b.The total compensation of the five most highly compensated executives of any subrecipient. 5. Definitions For purposes of this award term: a.Entity: means all of the following, as defined in 2 C.F.R. Part 25: 1)A Governmental organization, which is a State, local government, or Indian tribe; 2)A foreign public entity; 3)A domestic or foreign nonprofit organization; 4)A domestic or foreign for-profit organization; Document Description Page 15 2100000923 City of Paducah 20-046 5)A federal agency, but only as a subrecipient under an award or subaward to a nonfederal entity. b.Executive: means officers, managing partners, or any other employees in management positions. c.Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which the recipient received this award and that the recipient awards to an eligible subrecipient. 1)The term does not include recipients procurement of property and services needed to carry out the project or program. 2)A subaward may be provided through any legal agreement, including an agreement that a recipient or a subrecipient considers a contract. d.Subrecipient: means an entity that: 1)Receives a subaward from the recipient under this award; and 2)Is accountable to the recipient for the use of the federal funds provided by the subaward. e.Total compensation: means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (See 17 C.F.R. § 229.402(c)(2)): 1)Salary and bonus. 2)Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. 3)Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. 4)Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. 5)Above-market earnings on deferred compensation which is not tax-qualified. 6)Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. XXX. SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. XXXI. Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. XXXII. Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. 1.Provisions applicable to a recipient that is a private entity. a.Recipients, the employees, subrecipients under this award, and subrecipients' employees may not— 1)Engage in severe forms of trafficking in persons during the period of time the award is in effect; 2)Procure a commercial sex act during the period of time that the award is in effect; or Document Description Page 16 2100000923 City of Paducah 20-046 3)Use forced labor in the performance of the award or subawards under the award. b.DHS may unilaterally terminate this award, without penalty, if a recipient or a subrecipient that is a private entity — 1)Is determined to have violated a prohibition in paragraph 1.a of this award term; or 2)Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 1.a of this award term through conduct that is either— a)Associated with performance under this award; or b)Imputed to recipients or subrecipients using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R. Part 3000. 2.Provision applicable to recipients other than a private entity. DHS may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity— a.Is determined to have violated an applicable prohibition in paragraph 1.a of this award term; or b.Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph 1.a of this award term through conduct that is either— 1)Associated with performance under this award; or 2)Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R. Part 3000. 3.Provisions applicable to any recipient. a.Recipients must inform DHS immediately of any information received from any source alleging a violation of a prohibition in paragraph 1.a of this award term. b.It is DHS’s right to terminate unilaterally that is described in paragraph 1.b or 2 of this section: 1)Implements TVPA, Section 106(g) as amended by 22 U.S.C. 7104(g)), and 2)Is in addition to all other remedies for noncompliance that are available to us under this award. c.Recipients must include the requirements of paragraph 1.a of this award term in any subaward made to a private entity. 4.Definitions. For the purposes of this award term: a.Employee: means either: 1)An individual employed by a recipient or a subrecipient who is engaged in the performance of the project or program under this award; or 2)Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in- kind contribution toward cost sharing or matching requirements b.Forced labor: means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. c.Private entity: means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25. It includes: 1)A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b). 2)A for-profit organization. Document Description Page 17 2100000923 City of Paducah 20-046 d.Severe forms of trafficking in persons, commercial sex act, and coercion are defined in TVPA, Section 103, as amended (22 U.S.C. § 7102) XXXIII. Universal Identifier and System of Award Management 1. Requirement for System for Award Management Unless the recipient is exempted from this requirement under 2 C.F.R. 25.110, the recipient must maintain the currency of their information in the SAM until the recipient submits the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information at least annually after the initial registration, and more frequently if required by changes in the recipient’s information or another award term. 2. Requirement for unique entity identifier If recipients are authorized to make subawards under this award, they: a.Must notify potential subrecipients that no entity (see definition in paragraph 3 of this award term) may receive a subaward from the recipient unless the entity has provided its unique entity identifier to the recipient. b.May not make a subaward to an entity unless the entity has provided its unique entity identifier to the recipient. 3. Definitions For purposes of this award term: a.System for Award Management (SAM): means the federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found on SAM.gov. b.Unique entity identifier: means the identifier required for SAM registration to uniquely identify business entities. c.Entity: means all of the following, as defined at 2 C.F.R. Part 25, Subpart C: 1)A Governmental organization, which is a State, local government, or Indian Tribe; 2)A foreign public entity; 3)A domestic or foreign nonprofit organization; 4)A domestic or foreign for-profit organization; and 5)A Federal agency, but only as a subrecipient under an award or subaward to a nonFederal entity. d.Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which a recipient received this award and that the recipient awards to an eligible subrecipient. 1)The term does not include the recipients procurement of property and services needed to carry out the project or program (for further explanation, see 2 C.F.R. 200.330). 2)A subaward may be provided through any legal agreement, including an agreement that a recipient considers a contract. e.Subrecipient means an entity that: 1)Receives a subaward from the recipient under this award; and 2)Is accountable to the recipient for the use of the Federal funds provided by the subaward. Document Description Page 18 2100000923 City of Paducah 20-046 DHS Standard Terms and Conditions Version 9.3 1 2020 XXXIV. USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. XXXV. Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XXXVl. Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer needed for the original project or program or for the activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. XXXVII Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Document Description Page 19 2100000923 City of Paducah 20-046 MOA/PSC Exception Standard Terms and Conditions Revised December 2019 Whereas, the first party, the state agency, has concluded that either state personnel are not available to perform said function, or it would not be feasible to utilize state personnel to perform said function; and Whereas, the second party, the Contractor, is available and qualified to perform such function; and Whereas, for the abovementioned reasons, the state agency desires to avail itself of the services of the second party; NOW THEREFORE, the following terms and conditions are applicable to this contract: 1.00 Effective Date: This contract is not effective until the Secretary of the Finance and Administration Cabinet or his authorized designee has approved the contract and until the contract has been submitted to the Legislative Research Commission, Government Contract Review Committee (“LRC”). However, in accordance with KRS 45A.700, contracts in aggregate amounts of $10,000 or less are exempt from review by the committee and need only be filed with the committee within 30 days of their effective date for informational purposes. KRS 45A.695(7) provides that payments on personal service contracts and memoranda of agreement shall not be authorized for services rendered after government contract review committee disapproval, unless the decision of the committee is overridden by the Secretary of the Finance and Administration Cabinet or agency head, if the agency has been granted delegation authority by the Secretary. 2.00 LRC Policies: This section does not apply to governmental or quasi-governmental entities. Pursuant to KRS 45A.725, LRC has established policies which govern rates payable for certain professional services. These are located on the LRC webpage https://apps.legislature.ky.gov/moreinfo/ Contracts/homepage.html and would impact any contract established under KRS 45A.690 et seq., where applicable. 3.00 Choice of Law and Forum: This section does not apply to governmental or quasi-governmental entities. This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against the Commonwealth on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245. 4.00 EEO Requirements The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act. 5.00 Cancellation: Both parties shall have the right to terminate and cancel this contract at any time not to exceed thirty (30) days' written notice served on the other party by registered or certified mail. 6.00 Funding Out Provision: The state agency may terminate this contract if funds are not appropriated to the contracting agency or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The state agency shall provide the Contractor thirty (30) calendar days’ written notice of termination of the contract due to lack of available funding. 7.00 Reduction in Contract Worker Hours: Document Description Page 20 2100000923 City of Paducah 20-046 The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the agreement will be reduced by the amount specified in that document. If the contract funding is reduced, then the scope of work related to the contract may also be reduced commensurate with the reduction in funding. This reduction of the scope shall be agreeable to both parties and shall not be considered a breach of contract. 8.00 Authorized to do Business in Kentucky: This section does not apply to governmental or quasi-governmental entities. The Contractor affirms that it is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing to do business in the Commonwealth of Kentucky for the duration of any contract awarded. The Contractor shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof. Registration with the Secretary of State by a Foreign Entity: Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030 unless the person produces the certificate within fourteen (14) days of the bid or proposal opening. Therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070. For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received by the contracting agency within the time frame identified above, the foreign entity’s solicitation response shall be deemed non-responsive or the awarded contract shall be cancelled. Businesses can register with the Secretary of State at https://onestop.ky.gov/Pages/default.aspx 9.00 Invoices for fees: This section does not apply to governmental or quasi-governmental entities. The Contractor shall maintain supporting documents to substantiate invoices and shall furnish same if required by state government. 10.00 Travel expenses, if authorized: This section does not apply to governmental or quasi-governmental entities. The Contractor shall be paid for no travel expenses unless and except as specifically authorized by the specifications of this contract or authorized in advance and in writing by the Commonwealth. The Contractor shall maintain supporting documents that substantiate every claim for expenses and shall furnish same if requested by the Commonwealth. 11.00 Other expenses, if authorized herein: This section does not apply to governmental or quasi-governmental entities. The Contractor shall be reimbursed for no other expenses of any kind, unless and except as specifically authorized within the specifications of this contract or authorized in advance and in writing by the Commonwealth. If the reimbursement of such expenses is authorized, the reimbursement shall be only on an out-of-pocket basis. Request for payment of same shall be processed upon receipt from the Contractor of valid, itemized statements submitted periodically for payment at the time any fees are due. The Contractor shall maintain supporting documents that substantiate every claim for expenses and shall furnish same if requested by the Commonwealth. Document Description Page 21 2100000923 City of Paducah 20-046 12.00 Purchasing and specifications: This section does not apply to governmental or quasi-governmental entities. The Contractor certifies that he/she will not attempt in any manner to influence any specifications to be restrictive in any way or respect nor will he/she attempt in any way to influence any purchasing of services, commodities or equipment by the Commonwealth of Kentucky. For the purpose of this paragraph and the following paragraph that pertains to conflict-of interest laws and principles, "he/she" is construed to mean "they" if more than one person is involved and if a firm, partnership, corporation, or other organization is involved, then "he/she" is construed to mean any person with an interest therein. 13.00 Conflict-of-interest laws and principles: This section does not apply to governmental or quasi-governmental entities. The Contractor certifies that he/she is legally entitled to enter into this contract with the Commonwealth of Kentucky, and by holding and performing this contract, he/she will not be violating either any conflict of interest statute (KRS 45A.330-45A.340, 45A.990, 164.390), or KRS 11A.040 of the executive branch code of ethics, relating to the employment of former public servants. 14.00 Campaign finance: This section does not apply to governmental or quasi-governmental entities. The Contractor certifies that neither he/she nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of this contract, has contributed more than the amount specified in KRS 121.056(2), to the campaign of the gubernatorial candidate elected at the election last preceding the date of this contract. The Contractor further swears under the penalty of perjury, as provided by KRS 523.020, that neither he/she nor the company which he/she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth, and that the award of a contract to him/her or the company which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth. 15.00 Access to Records: The state agency certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract." The Contractor, as defined in KRS 45A.030, agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement for the purpose of financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the agreement and shall be exempt from disclosure as provided in KRS 61.878(1)(c). 16.00 Social security: (check one) This section does not apply to governmental or quasi-governmental entities. _____ The parties are cognizant that the state is not liable for social security contributions, pursuant to 42 U.S. Code, section 418, relative to the compensation of the second party for this contract. _____ The parties are cognizant that the state is liable for social security contributions, pursuant to 42 U.S. Code, section 418, relative to the compensation of the second party for this contract. 17.00 Violation of tax and employment laws: KRS 45A.485 requires the Contractor and all subcontractors performing work under the contract to reveal to the Commonwealth, prior to the award of a contract, any final determination of a violation by the Contractor within the previous five (5) year period of the provisions of KRS chapters 136, 139, 141, 337, 338, 341, and 342. These statutes relate to corporate and utility tax, sales and use tax, income tax, wages and hours laws, occupational safety and health laws, unemployment insurance laws, and workers compensation insurance laws, respectively Document Description Page 22 2100000923 City of Paducah 20-046 To comply with the provisions of KRS 45A.485, the Contractor and all subcontractors performing work under the contract shall report any such final determination(s) of violation(s) to the Commonwealth by providing the following information regarding the final determination(s): the KRS violated, the date of the final determination, and the state agency which issued the final determination. KRS 45A.485 also provides that, for the duration of any contract, the Contractor and all subcontractors performing work under the contract shall be in continuous compliance with the provisions of those statutes, which apply to their operations, and that their failure to reveal a final determination, as described above, or failure to comply with the above statutes for the duration of the contract, shall be grounds for the Commonwealth's cancellation of the contract and their disqualification from eligibility for future state contracts for a period of two (2) years. Contractor must check one: ______ The Contractor has not violated any of the provisions of the above statutes within the previous five (5) year period. ______ The Contractor has violated the provisions of one or more of the above statutes within the previous five (5) year period and has revealed such final determination(s) of violation(s). Attached is a list of such determination(s), which includes the KRS violated, the date of the final determination, and the state agency which issued the final determination. 18.00 Discrimination: This section applies only to contracts disbursing federal funds, in whole or part, when the terms for receiving those funds mandate its inclusion. Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. During the performance of this contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The Contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The Contractor agrees to provide, upon request, needed reasonable accommodations. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. In all solicitations or advertisements for employees placed by or on behalf of the Contractor, the Contractor will state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. The Contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. Document Description Page 23 2100000923 City of Paducah 20-046 The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further government contracts or federally- assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions that may be imposed and remedies invoked as provided in or as otherwise provided by law. The Contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Document Description Page 24 2100000923 City of Paducah 20-046 Second Party: Signature Title Printed Name Date First Party: Executive Director Signature Title Josiah Keats Printed Name Date Approved as to form and legality. Document Description Page 25 2100000923 City of Paducah 20-046 Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: Purchase of One (1) 1Ton Transit Van for use by the Police Department in the amount of $46,682.00 - C YARBER Category: Municipal Order Staff Work By: Debbie Collins, Randy Crouch Presentation By: Chris Yarber Background Information: On December 3, 2020 sealed written bids were opened for the purchase of (1) 1Ton Transit Van for use by the Police Department. All bids received were over budget. In March, 2021 received quote from Paul Miller Ford at the price of $46,682.00 on the Kentucky State Contract MA758 1800000180. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Rolling Stock/Vehicles Fleet Lease Trust Fund Account Number: 71000210-540050 Staff Recommendation: Approve a municipal order for the mayor to sign an agreement with Paul Miller Ford for the purchase of One (1) 1Ton Transit Van for use by the Police Department in the amount of $46,682.00 on state contract KY MA 758 1800000180. Attachments: 1.MO one ton transit van 2021 – State Contract 2.Paul Miller Ford quote - state contract MA 758 1800000180 3.Bid Evaluation MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF A ONE-TON TRANSIT VAN IN THE AMOUNT OF $46,682.00 FOR USE BY THE PADUCAH POLICE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME 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 Paul Miller Ford, for the purchase of a One-Ton Transit Van, in an amount of $46,682.00 and authorizes the Mayor to execute all documents related to same. This purchase is made in compliance with the Kentucky State Purchasing Contract No. MA758 1800000180. SECTION 2. This expenditure shall be charged to Rolling Stock/Vehicle Fleet Lease Trust Fund Account No. 71000210-540050. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, _________________________ Recorded by Lindsay Parish, City Clerk, __________________________ \mo\one ton transit van 2021 – State Contract DATE CUSTOMER ID STATE CONTRACT #MA 758 1800000180 TO SHIP TO jscutt@paducahky.gov JOB ORDER#Delivery Date Payment Terms 2021 FORD TANSIT 350 HR HD CARGO TBD TBD UPON RECEIPT QUANTITY UNIT PRICE LINE TOTAL 1.00 1022.10 41,662.00$ 41,662.00$ 1.00 1,495.00 1,495.00$ 1.00 610.00 610.00$ 1.00 75.00 75.00$ 1.00 845.00 845.00$ 1.00 485.00 485.00$ 1.00 860.00 860.00$ 1.00 575.00 575.00$ 1.00 75.00 75.00$ 1.00 - -$ 1.00 - -$ LINE TOTALS 46,682.00 46,682.00 SUBTOTAL 46,682.00$ SALES TAX TOTAL 46,682.00$ Date: 53B HIGH CAPACITY FRONT/REAR AIR CONDITIONING 57G LOAD AREA PROTECTION 96D MODIFIED WIRING SYSTEM 53K EXTERIOR - OXFORD WHITE YZ INTERIOR - PALAZZO GRAY VINYL SEATS VK YOUR SIGNATURE & PURCHASE ORDER CONFIRMS ORDER. Signature: Print Name: Title: Purchase Order #: Make all checks payable to Paul Miller Ford Inc. THANK YOU FOR YOUR BUSINESS! 10 SPD AUTOMATIC TRANSMISSION KEYLESS ENTRY CRUISE CONTROL 60C 101A DUAL HEAVY DUTY ALTERNATOR 63C PADUCAH, KY 42001 ATTN: JIM SCUTT 1120 NORTH 10TH ST 270-444-5152 DESCRIPTION ITEM # 1120 NORTH 10TH ST 270-444-5152 QUOTECITY OF PUDUCAH 975 East New Circle Road A/C, TILT WHEEL, AM/FM STEREO 44U 3.5L ECOBOOST V6 ENGINE 99G sam@paulmillergroup.com SALESPERSON DEAL# KEY (PROGRAMMABLE)86F TBD ATTN: JIM SCUTT SIMPSON POWER WINDOWS, LOCKS, MIRRORS 2021 FORD TRANSIT 350 HR HD CARGO DRW VAN RWD 148'' WB EXT F4U PADUCAH, KY 42001 HD TRAILER TOW PACKAGE Lexington, KY 40505 UPFITTER PACKAGE 67C FIXED REAR WINDOW PACKAGE 17A March 19, 2021 859.351.6970 CITY OF PUDUCAH Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: Closure of an Alley Extending Northwest of Irvin Cobb Drive Between 2170 and 2190 Irvin Cobb Drive - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Josh Sommer Presentation By: Rick Murphy Background Information: The following adjacent property owner has submitted an executed application requesting that an alley extending northwest of Irvin Cobb Drive between 2170 and 2190 Irvin Cobb Drive be closed: Amerco Real Estate On February 15, 2021, the Paducah Planning Commission held a Public Hearing and made a positive recommendation to the City Commission for this closure. All utility companies have agreed to this closure. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: To adopt an ordinance authorizing the closing of an alley extending northwest of Irvin Cobb Drive between 2170 and 2190 Irvin Cobb Drive and authorizing the Mayor to execute the closure plat and all necessary documents to complete the transfer of property to the adjacent property owners. Attachments: 1.ORD Irvin Cobb Alley 2.2170_2190 Irvin Cobb alley plat 3.Planning Comm Resolution_2170_2190 Irvin Cobb Dr 4.2170_2190 Irvin Cobb Closure application ORDINANCE NO. 2021-_____-________ AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY EXTENDING NORTHWEST OF IRVIN COBB DRIVE BETWEEN 2170 & 2190 IRVIN COBB DRIVE, 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 an alley extending northwest of Irvin Cobb Drive as follows: LEGAL DESCRIPTION ALLEY RIGHT OF WAY CLOSURE A certain alley right of way containing 0.1134 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on October 27, 2020, located on the north side of U.S. Highway 62 (aka Irvin Cobb Drive) and west of Bridge Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a magnetic observation taken in 1994 as shown on plat recorded in Plat Section “L”, Page 1210. All rebars and caps (set) are 1/2" diameter by 18” long rebar with a plastic cap stamped “R. TOSH KYPLS 2900” unless stated otherwise. Beginning at a mag nail and washer stamped “2900” (set), 30.00 feet north of the centerline of U.S. Highway 62, said centerline point being located 570.65 feet west of the centerline intersection of U.S. Highway 62 and Bridge Street; Thence from the point of beginning along a curve to the right and an arc length of 17.00 feet, having a radius of 924.93 feet, being subtended by a chord bearing of South 73 Degrees 05 Minutes 31 Seconds West, for a distance of 17.00 feet, to a mag nail and washer stamped “2900” (set), 30.00 feet north of the highway centerline; Thence North 44 Degrees 56 Minutes 40 Seconds West for a distance of 321.85 feet with the west line of the alley right of way and the east line of the Amerco Real Estate property formerly U-Haul Real Estate Co. property described in Deed Book 738, Page 782 to a 1” diameter iron pipe (found); Thence North 20 Degrees 42 Minutes 04 Seconds East for a distance of 16.46 feet with a line common to the Vilson and Ariana Qehaja property described in Deed Book 1320, Page 194 to a rebar and cap (set); Thence South 44 Degrees 56 Minutes 40 Seconds East for a distance of 336.62 feet with the east line of the alley right of way and common line to the Amerco Real Estate property described in Deed Book 770, Page 336, and the Amerco Real Estate property formerly U-Haul Real Estate properties described in Deed Book 738, Page 785 and Deed Book 738, Page 779 to the point of beginning. Together with and subject to covenants, easements, right of ways and restrictions of record and in existence. 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. Amerco Real Estate owns the property abutting the public way which the Board of Commissioners has authorized to be closed as is evidenced by the application for street and/or alley closing which is attached hereto and made part hereof. b. On the 15th day of February, 2021, 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 as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof. d. All property owners in or abutting the public way or the portion thereof being closed have given their written notarized consent to the closing as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof. 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 a quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way to be closed with each to acquire title to that portion of the public way contiguous to the property now owned by said property owners up to center line of the said public way. Provided, however, that the City shall reserve such easements upon the above described real property as it deems necessary. Said deed shall provide the reservation by the City of Paducah any easements affecting the herein described real property as described in Section 1 above. Further, the Mayor is hereby authorized, empowered, and directed to execute all documents related to the street 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, ________________________ Adopted by the Board of Commissioners, __________________________ Recorded by Lindsay Parish, City Clerk, ___________________________ Published by The Paducah Sun, _________________________________ \ord\eng\st close\alley – 2170 & 2190 Irvin Cobb Drive 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 Exhibit A Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: Closure of Two Alleys Extending North of Kentucky Avenue Between 1039 & 1041 Kentucky Avenue and Between 1034 Broadway and 1039 Kentucky Avenue - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Josh Sommer Presentation By: Rick Murphy Background Information: The following adjacent property owners have submitted an executed application requesting that two alleys extending north of Kentucky Avenue between 1039 & 1041 Kentucky Avenue and between 1034 Broadway and between 1034 Broadway and 1039 Kentucky Avenue to be closed: Carolyn K. Perry Douglas R. Hunerkoch On February 15, 2021, the Paducah 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 with a public utility easement on the entirety of the alleys as shown on the plat. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: To adopt an ordinance authorizing the closing of two alleys extending north of Kentucky Avenue between 1039 and 1041 Kentucky Avenue and between 1034 Broadway and 1039 Kentucky Avenue and authorizing the Mayor to execute the closure plat and all necessary documents to complete the transfer of property to the adjacent property owners. Attachments: 1.ORD Alley Close Ky & Broadway 2.Planning Comm Resolution_1039_1041 Kentucky Ave 3.1039_1041 KY Ave Alley Closure plat 4.1039_1041 KY Ave Alley Closure Application ORDINANCE NO. 2021-_____-________ AN ORDINANCE PROVIDING FOR THE CLOSING OF TWO ALLEYS EXTENDING NORTH OF KENTUCKY AVENUE BETWEEN 1039 & 1041 KENTUCKY AVENUE AND BETWEEN 1034 BROADWAY & 1039 KENTUCKY AVENUE, 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 extending north of Kentucky Avenue and parallel to Broadway and Kentucky Avenue as follows: LEGAL DESCRIPTION ALLEY RIGHT OF WAY CLOSURE A certain tract of land containing 0.0752 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on October 16, 2020, located on the north side of Kentucky Avenue and west of Walter Jetton Blvd in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 63 Degrees 15 Minutes 00 Seconds East along the north right of way of Kentucky Avenue as recorded in Plat Section “L”, Page 1887. All rebars and caps (set) are 1/2" diameter by 18” long rebar with a plastic cap stamped “R. TOSH KYPLS 2900” unless stated otherwise. Beginning at a point located 33.00 feet north at right angles from the centerline of Kentucky Avenue, said centerline point being located 407.43 feet south of the centerline intersection of Kentucky Avenue and Walter Jetton Blvd; Thence from the point of beginning South 63 Degrees 15 Minutes 00 Seconds West for a distance of 10.00 feet with the north right of way of Kentucky Avenue to a point; Thence North 26 Degrees 45 Minutes 00 Seconds West for a distance of 183.30 feet along a common line to the OKP Properties, LLC described in Deed Book 1417, Page 261, and a line common to the HHM Properties, LLP described in Deed Book 1047, Page 615 [passing through a rebar and cap stamped “WITNESS PT. KYPLS 2900” (set) at 0.25 feet] to a rebar and cap (set); Thence North 63 Degrees 15 Minutes 00 Seconds East for a distance of 100.01 feet along another line common to the HHM Properties, LLP to a rebar and cap (set); Thence South 26 Degrees 45 Minutes 00 Seconds East for a distance of 16.00 feet with a line common to the OKP Properties, LLC described in Deed Book 1340, Page 728 to a 1/2" diameter rebar and cap stamped “DH DUMMER PLS 1955” (found); Thence South 63 Degrees 15 Minutes 00 Seconds West for a distance of 90.01 feet with another line common to OKP Properties, LLC, and a line common to the OKP Properties described in Deed Book 1417, Page 261 to a 1/2" diameter rebar and cap stamped “DH DUMMER PLS 1955” (found); Thence South 26 Degrees 45 Minutes 00 Seconds East for a distance of 167.30 feet continuing with another line common to OKP Properties, LLC [passing through a rebar and cap stamped “WITNESS PT. KYPLS 2900” (set) at 167.05 feet] to the point of beginning. Together with and subject to covenants, easements, right of ways and restrictions of record and in existence. This tract of land is subject to a public utility easement. 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. Carolyn K. Perry and Douglas R. Hunerkoch own the properties abutting the public ways which the Board of Commissioners has authorized to be closed as is evidenced by the application for street and/or alley closing which is attached hereto and made part hereof. b. On the 15th day of February, 2021, 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 as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof. d. All property owners in or abutting the public way or the portion thereof being closed have given their written notarized consent to the closing as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof. 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 a quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way to be closed with each to acquire title to that portion of the public way contiguous to the property now owned by said property owners up to center line of the said public way. Provided, however, that the City shall reserve such easements upon the above described real property as it deems necessary. Said deed shall provide the reservation by the City of Paducah any easements affecting the herein described real property as described in Section 1 above. Further, the Mayor is hereby authorized, empowered, and directed to execute all documents related to the street 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, ________________________ Adopted by the Board of Commissioners, __________________________ Recorded by Lindsay Parish, City Clerk, ___________________________ Published by The Paducah Sun, _________________________________ \ord\eng\st close\alley – 1039 & 1041 Kentucky and 1034 Broadway & 1039 Kentucky 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 Exhibit A Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: Bid Award for 2021-2022 Street Resurfacing Program - R MURPHY Category: Ordinance Staff Work By: Brandy Topper-Curtis Presentation By: Rick Murphy Background Information: On February 25, 2021, bids were opened and read aloud for the City of Paducah's 2021-2022 Street Resurfacing Program. This program consists primarily of the bituminous resurfacing and milling of city streets in accordance with the yearly street resurfacing program. The contract also includes pavement markings and equipment rental rates. Jim Smith Contracting, LLC, submitted the only bid for the unit prices shown on the attached bid tab. The contract unit prices shall begin upon execution of the contract and end December 31, 2022. The contract has the option for an additional one-year renewal, ending December 31, 2023, upon the mutual agreement of both parties. In accordance with the Specifications, the Contract unit prices may be adjusted in accordance with Section 109.07 “Price Adjustments” of the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction, latest edition. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Develop communications plan with the Communications Manager Funds Available:Account Name: Street Resurfacing & Rehabilitation Account Number: 23002217-542270 Staff Recommendation: To receive and file the bid submitted for the 2021-2022 Street Resurfacing Program and adopt an Ordinance authorizing the Mayor to enter into an agreement with Jim Smith Contracting Company, LLC., for the unit prices listed on the attached bid tab for the 2021 and 2022 calendar year ending December 31, 2022, and allow “Price Adjustments” in accordance with the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction, latest edition; and to authorize the Mayor, subsequent to the recommendation of the City Engineer, 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 Resurfacing 2021-2022 2.Agreement 0500 3.Bid Proposal 2-25-21 4.Bid Tab 5.Paducah Sun Ad 2-14-21 ORDINANCE NO. 2021-______-_________ AN ORDINANCE ACCEPTING THE BID OF JIM SMITH CONTRACTING COMPANY, LLC, FOR THE CITY OF PADUCAH’S CALENDAR YEARS 2021 AND 2022 STREET RESURFACING 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 Jim Smith Contracting Company, LLC, for the City of Paducah’s calendar years 2021 and 2022 street resurfacing program with the option of a one-year renewal agreement upon the mutual agreement of both parties, said bid being in substantial compliance with the bid specifications and advertisement for bids, and as contained in the bid of Jim Smith Contracting Company, LLC, of February 25, 2021. SECTION 2. The City of Paducah accepts the bid of Jim Smith Contracting Company, LLC, for roadway resurfacing, repair, and miscellaneous construction of various streets within the City of Paducah at the following unit bid prices: RESURFACING ITEM DESCRIPTION UNIT UNIT PRICE 1. Bituminous Surface/Base Ton $78.00 2. Milling Texture Ton $50.00 3. Shoulder Construction Ton $40.00 PAVEMENT MARKINGS ITEM UNIT BID NO DESCRIPTION UNIT PRICE 1 Paint – 4” Line L.F. $0.25 2 Paint – 12” Stop Lines L.F. $2.50 3 Paint – 24” Stop Lines L.F. $5.00 4 Paint – Straight Arrow Each $50.00 5 Paint - Turn Arrow Each $50.00 6 Paint - Combination Arrow Each $100.00 7 Paint – 8” Crosswalks L.F. $1.25 8 Paint - "School" Each $125.00 9 Paint - RR Crossings Each $500.00 10 Paint – “STOP” Each $200.00 11 Paint – “ONLY” Each $200.00 12 Paint – Handicap Symbol Each $35.00 13 Paint – 4” Parking Lot Lines L.F. $0.50 14 Thermo – 4” Line L.F. $1.25 15 Thermo – 12” Stop Lines L.F. $4.50 16 Thermo – 24” Stop Lines L.F. $9.00 17 Thermo – Straight Arrow Each $100.00 18 Thermo - Turn Arrow Each $100.00 19 Thermo – Combination Arrow Each $250.00 20 Thermo – 8” Crosswalks L.F. $3.00 21 Thermo - "School" Each $275.00 22 Thermo - RR Crossings Each $500.00 23 Thermo – “STOP” Each $250.00 24 Thermo – “ONLY” Each $250.00 EQUIPMENT RENTAL ITEM NO DESCRIPTION UNIT HOURLY PRICE 1 Excavator – Small HR $140.00 2 Excavator - Medium HR $175.00 3 Excavator with Mulching Head HR $175.00 4 Skid Steer Loader HR $120.00 5 Dump Truck -Tandem HR $85.00 6 Dump Truck – Tri-axle HR $85.00 7 Motor Grader - Medium HR $175.00 8 Dozer- Small HR $155.00 9 Dozer- Medium HR $175.00 10 Laborer HR $70.00 11 Vibratory Roller – Small HR $130.00 12 Vibratory Roller - Medium HR $150.00 Said bid prices may be adjusted in accordance with Section 109.07 “Price Adjustments” of the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction, latest edition. SECTION 3. That the Mayor is hereby authorized to execute a contract with Jim Smith Contracting Company, LLC, for roadway resurfacing, repair, and miscellaneous construction of various streets as accepted in Sections 1 and 2 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 4. The contract shall be binding upon the City and the Contractor, his partners, successors, assigns and legal representatives for the 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. 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 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. SECTION 5. This expenditure shall be charged to the Street Rehabilitation Account No. 2300-2217-542270. SECTION 6. 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 by Lindsay Parish, City Clerk, ________________________ Published by The Paducah Sun, ________________________________ \ord\eng\resurfacing 2021-2022 Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: Approve AFSCME Contract to be Effective July 1, 2021 - J ARNDT Category: Ordinance Staff Work By: James Arndt Presentation By: James Arndt Background Information: A few highlighted changes in the new contract are: Vacation Article is updated to match the accruals of other non-union City employees. There were a few language cleanup changes related to schedules, supervisory titles, jury duty, and final check payouts. A full-day of work has been defined as the number of hours in an employee’s regular schedule, either eight (8) or ten (10), which will be used when calculating the number of consecutive days worked. The City agreed to give its current team members preference in appointment in a vacant union represented position, and will give all internal applicants an interview and practical exam when applicable. Base wages were increased based on market survey data as listed below; as well as cost of living adjustments over the next three years to be two and a half, three, and two percent each fiscal year. (FY22 = 2.5%. FY23 = 3.0%, and FY24 = 2.0%) Proposed Job Title Percent Increase Custodian/Collector 3.00% Laborer 5.49% ROW Maintenance Person 5.49% Solid Waste Truck Driver 8.60% Concrete Finisher 3.00% Maintenance Technician 3.00% Traffic Technician 3.00% Floodwall Operator 5.75% Compost / Equipment Operator 7.70% The overall financial impact for the three-year period of the contract will be approximately $1.7 million for wages and related fringe benefits associated with the changes. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: To approve the contract changes with AFSCME effective July 1, 2021. Attachments: 1.ORD AFSCME 2021-2024 2.AFSCME Contract 2021 - 2024 FINAL ORDINANCE NO. 2021-______-________ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF PADUCAH AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 1586 WHEREAS, the City and the American Federation of State, County, and Municipal Employees, AFL-CIO, Local 1586, (AFSCME) desire to enter into a contract concerning wage rates and other conditions of employment; and WHEREAS, the duration of said contract is from July 1, 2021 through June 30, 2024; and WHEREAS, the City and AFSCME mutually agree to the terms of this contract. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a contract between the City of Paducah and American Federation of State, County, and Municipal Employees, AFL-CIO, Local 1586, (AFSCME), effective July 1, 2021 through June 30, 2024. SECTION 2. 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 by Lindsay Parish, City Clerk, ___________________________ Published by the Paducah Sun, ____________________________ \ord\contract-AFSCME (2021-2024) Agreement Between The City of Paducah And The American Federation of State, County, and Municipal Employees AFL-CIO, Local 1586 July 1, 2021 – June 30, 2024 AFSCME Contract – July 1, 2021 / June 30, 2024 Page 2 Table of Contents CONTRACT ..................................................................................................................................................... 3 PREAMBLE ..................................................................................................................................................... 3 1. UNION SECURITY ................................................................................................................................... 3 2. DISCIPLINE ................................................................................................................................................ 4 3. GRIEVANCE AND MEDIATION PROCEDURE ............................................................................................ 5 4. PLEDGE AGAINST DISCRIMINATION AND COERCION ............................................................................. 6 5. VACATION ................................................................................................................................................ 7 6. SICK LEAVE................................................................................................................................................ 7 7. HOLIDAYS ................................................................................................................................................ 9 8. JURY DUTY ............................................................................................................................................... 9 9. UNION BUSINESS ..................................................................................................................................... 9 10. SAFETY COMMITTEE............................................................................................................................. 10 11. SAFETY SHOES & CLOTHING ................................................................................................................. 10 12. HOURS OF WORK ................................................................................................................................. 10 13. SEVERABILITY ....................................................................................................................................... 13 14. WAIVER IN EMERGENCY ..................................................................................................................... 14 15. LABOR/MANAGEMENT MEETINGS ...................................................................................................... 14 16. DEFINITIONS ......................................................................................................................................... 15 17. MANAGEMENT RIGHTS ....................................................................................................................... 16 18. WORK RULES ........................................................................................................................................ 16 19. CIVIL SERVICE PROTECTION ................................................................................................................. 17 20. TEMPORARY ASSIGNMENT .................................................................................................................. 17 21. MISCELLANEOUS .................................................................................................................................. 18 22. OUTSIDE CONTRACTING ...................................................................................................................... 19 23. SAFETY ................................................................................................................................................. 20 24. PROBATIONARY PERIOD ...................................................................................................................... 20 25. CONTINUITY OF OPERATION ............................................................................................................... 20 26. WAGE AND BENEFITS ........................................................................................................................... 20 27. INDIVIDUAL AGREEMENT ..................................................................................................................... 22 28. DURATION ............................................................................................................................................ 22 SIGNATURE PAGE ........................................................................................................................................ 24 AFSCME Contract – July 1, 2021 / June 30, 2024 Page 3 CONTRACT THIS AGREEMENT made and entered into this 1st day of July 2021, by and between the CITY OF PADUCAH hereinafter referred to as the "City" and the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL CIO, LOCAL 1586, hereinafter referred to as the "Union”. PREAMBLE It is the intent of the parties that this contract constitutes a complete agreement between the parties hereto, and that it shall remain in effect except as hereinafter amended, altered or modified, and that no additions, waivers, deletions, changes or amendments shall be made during the term of this contract except by written agreement of the parties. It is understood that no incident by the City or Union, which occurred prior to the date of this contract, shall be the subject of complaint under any of the procedures provided in this contract. 1. UNION SECURITY A. RECOGNITION 1. The City agrees to recognize the Union as the exclusive bargaining agent for the purpose of collective bargaining in the settlement of disputes which may arise concerning wage rates, working conditions, hours of employment, dismissal, discrimination or other conditions of employment. 2. The City and the Union do hereby agree that the unit appropriate for such bargaining purposes shall consist of permanent full time, non-supervisory employees within a combination of the following (meeting one criteria in each category): Departments, Divisions and Classifications. Departments, Engineering-Public Works and Parks Services; Divisions, Parks Maintenance, Maintenance, Solid Waste, Floodwall, and Street; Classifications, Compost Equipment Operator, Concrete Finisher, Equipment Operator, Laborer, Maintenance Technician, Right of Way Maintenance Person, Traffic Technician, Truck Driver and Floodwall Operator. All other City employees shall be excluded from the bargaining unit. 3. The City agrees not to discriminate against any employee because of Union membership or lawful Union activity, and the Union agrees not to solicit for membership, collect Union funds, or engage in other Union activity on City time unless specifically provided for in this agreement. B. MEMBERSHIP DUES DEDUCTION 1. The Employer and the Union agree that membership in the Union is available to all employees occupying bargaining unit positions after serving their probationary period. In addition the Union and the City agree to conform to prevailing State of Kentucky Law with respect to the exercise of Right to Work practices for Membership Dues Deduction. AFSCME Contract – July 1, 2021 / June 30, 2024 Page 4 2. The Employer agrees to deduct Union membership dues once each month from the pay of any employee eligible for membership in the bargaining unit upon receipt of a written authorization signed individually and voluntarily by the employee. The signed payroll deduction form must be presented to the Employer's Finance Director by the employee or the Union Treasurer. Upon receipt of the authorization, the employer will withhold the sum as certified by the Union as its uniform dues from the employee's pay in the pay period in the month following receipt of the authorization. The sum of all dues collected shall be remitted to the Union treasurer within ten (10) days of the deduction. 3. Dues check off authorizations shall be honored for the term of this Agreement, except that any employee may revoke his authorization during the month of December of each year of the agreement. There shall be no other revocation period. The revocation shall be in writing to the City and the Union. 4. The Employer assumes no obligation of any kind arising out of its deduction of dues. The Union shall indemnify and save the Employer harmless from any claim, action or proceeding brought by any person against it as a result of its dues deduction. Once dues are remitted to the Union, their disposition thereafter shall be its sole obligation and responsibility. 5. The Employer shall be relieved from making dues deductions when an employee terminates his employment, transfers to a position outside the bargaining unit covered by this Agreement is laid off from work, revokes his authorization pursuant to the terms of this Agreement, is on unpaid leave of absence or for any reason fails to earn sufficient wages to make all legally required deductions such as taxes, FICA, etc., in addition to the deduction of Union dues. 6. No employee shall be required to join the Union, but membership in the Union shall be available to all employees who apply, consistent with the Union's Constitution and By-Laws. 2. DISCIPLINE A. At any disciplinary proceeding, an employee shall be entitled to representation by the Steward and a non-employee Union Representative if such non-employee Union Representative is available. Under no circumstances shall any action cease due to the unavailability of such non-employee Union Representative. A disciplinary action proceeding shall be distinguished from an investigative fact gathering meeting. B. It is agreed that disciplinary action shall not be imposed upon an employee except for just cause. C. Any proposed disciplinary action involving discharge, suspension, or reduction in grade or pay (NON CIVIL SERVICE ONLY), shall be subject to the grievance procedure. D. Although harsh disciplinary action may be imposed for severe infractions, in most cases the City shall adhere to the principle of progressive discipline. This disciplinary action shall include: i. Verbal Warning ii. Written Reprimand AFSCME Contract – July 1, 2021 / June 30, 2024 Page 5 iii. Suspension iv. Termination E. Any discipline to be imposed shall be initiated as soon as reasonably possible, but no later than five (5) working days following the completion of the incident investigation recommended by the Department Director. The investigation is to be completed within 15 days of the Director’s knowledge where it is practical. Records of disciplinary action shall be a permanent part of an employee’s personnel record; however, verbal and written warning will not be considered after 30 months unless a repeated pattern of unacceptable behavior is demonstrated by the employee. This will not place an employee into a double jeopardy situation for disciplinary action, but does allow the City to begin the progressive disciplinary process at the appropriate level. 3. GRIEVANCE AND MEDIATION PROCEDURE A. Any grievance or dispute which may arise between the parties including the application, meaning or interpretation of this Agreement shall be settled in the following manner: 1. STEP ONE: The Union Steward, with or without the employee, shall present the grievance to the employee's immediate supervisor (in certain cases it may be appropriate to advance in the chain of command to file a grievance) within five (5) working days of its occurrence or within five (5) working days of knowledge of the occurrence by the employee. The grievance must state the contract provision(s) violated, the relief sought, the facts supporting the grievance, and must be signed by the aggrieved employee. The supervisor shall then attempt to adjust the matter and shall respond to the Steward or the employee; whichever has presented the grievance, within five (5) working days. The Union Steward will be allowed a reasonable length of time to discuss adjustment of the grievance with the appropriate supervisor. 2. STEP TWO: If the grievance has not been settled, it shall be presented in writing by the Union steward, OR the employee to the department head within five (5) working days after the supervisor's response is due. The department head shall respond in writing to the party presenting the grievance within ten (10) working days. 3. STEP THREE: If the grievance remains unadjusted, it may then be presented by the Union Steward, OR employee to the City Manager in writing within three (3) working days after the response of the department head is due. The City Manager shall respond in writing to the party presenting the grievance within fifteen (15) working days. 4. STEP FOUR: Mediation If the grievance is not resolved at STEP 3, and the employee and the Union desire to proceed with the grievance then the employee and the Union may request mediation by the Kentucky Labor Cabinet or any other mutually agreed upon mediator. The mediator shall have five (5) working days to set a date for the mediation hearing within thirty (30) days. The mediator shall attempt to mediate the dispute at the hearing. Should the mediator fail to resolve the dispute, then either party may request a written advisory opinion from the mediator. The mediator shall be without power or authority to alter, amend or modify any of the terms of this Agreement. The decision of the AFSCME Contract – July 1, 2021 / June 30, 2024 Page 6 mediator shall be submitted in writing within a reasonable time, but not later than thirty (30) days after the date of the hearing. The parties expressly agree that the City and the Union both have the right to accept or reject the mediator's decision. 5. STEP FIVE: If the grievance remains unadjusted, it may then be presented by the Union Steward, OR the employee to the Board of Commissioners in writing within three (3) working days after the response of the mediator is due. The statement of the grievance shall be filed with the City Clerk not later than 4:30 p.m. on the last day permitted for the filing of the grievance at this step. The written statement of appeal of the grievance shall set forth all the reasons and grounds for the grievance and the appeal to the Board together with a statement of the relief sought. A copy of all previous written documents involved in the action including any advisory opinion of the mediator shall be attached to the grievance and made a part thereof. The grievance will be placed on the Commission agenda within three weeks after it is presented. A vote of three Commissioners will be required to deny the grievance. B. If the Union fails to respond within the time limits stated in any step of the grievance procedure, the grievance shall be considered to be unsatisfactorily settled with the City's last stated position, unless the time limits are extended by mutual agreement of the City and the Union. Failure by the City to answer a grievance within the time period prescribed in Steps 1 through 3 shall constitute a denial of the grievance unless the time limits are extended by mutual agreement of the City and the Union. C. Up to three employees (Union President, Steward and Grievant) may be reimbursed for as much as 30 minutes each at Step 1 through Step 3 of the Grievance Procedure. D. Expenses for the mediator's services in the proceedings shall be borne equally by the City and the Union or employee, provided, however, that each party shall be responsible for compensating his/her own representatives and witnesses. If either party desires a transcript of the proceedings, it may cause such a record to be made, but shall bear the cost, unless the transcript is taken by mutual agreement. Each party shall be responsible for providing his/her own copy. In the event the mediator requires a verbatim record of the proceedings, the original transcript shall be borne equally by both parties. E. The Union reserves the right to settle a grievance at any step. 4. PLEDGE AGAINST DISCRIMINATION AND COERCION A. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, or political affiliation. The Union shall share equally with the City the responsibility for applying this provision of the agreement. B. The City agrees not to interfere with the rights of an employee to become a member of the Union, and there shall be no discrimination, interference, restraint or coercion by the City or any of its AFSCME Contract – July 1, 2021 / June 30, 2024 Page 7 supervisors and agents against any employee because of union membership or because of any activity in an official capacity on behalf of the Union. C. The Union recognizes its responsibilities herein and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint or coercion. 5. VACATION A. No vacation leave shall be creditied to any employee until such time as he has worked for the City for six (6) consecutive months, after which time vacation leave shall be credited from the date of employment. B. All employees of the Union shall receive vacation time as follows: During the first nine (9) years of employment, vacation time shall accrue per pay period for a total of 120 hours per year. At the beginning of the tenth year, vacation time shall accrue per pay period for a total of 160 hours per year. At the beginning of the fifteenth year, vacation time shall accrue per pay period for a total of 200 hours per year. At the beginning of the twentieth year, vacation time shall accrue per pay period for a total of 240 hours per year C. Each member may accrue up to a maximum of 400 hours of vacation at any one time. Absence for a fraction or part of a day that is chargeable to vacation in accordance with the provisions of this article shall be charged proportionately in an amount not smaller than one (1) hour increments. D. Each Division Supervisorshall prepare a schedule of vacation for the entire year indicating how many employees may be gone from work within the department at any one time, and request for vacations shall be applied for on a basis of seniority during the period from January I through March 31. Accrued time not originally applied for may be taken with the approval of the immediate supervisor at any time. Employees shall submit requests for vacation leave by March 15th of each year. Management will provide written responses to each request by March 31st of each year. E. The number vacation days credited to each employee shall be printed on employee pay stubs. 6. SICK LEAVE A. Employees shall be entitled to accrue sick leave time. The accrual rate of sick leave shall be at the rate of one and one half (1 1/2) working days for each month of service. A month in which a salaried AFSCME Contract – July 1, 2021 / June 30, 2024 Page 8 employee is paid for fifteen (15) days or more and a daily or hourly employee is paid for twelve (12) days or more, shall be considered a month of service. B. Retirement Time Purchase [Applicable only to employees hired prior to 01/01/2014]: When an employee retires the City will purchase one day of retirement credit for each sick day accumulated up to a maximum of one year's retirement credit (242 days). An employee must have a minimum of 50 days accrued sick time at the time of retirement to receive this benefit. This benefit is contingent on CERS approval. C. Death Benefit: If an employee dies, the surviving spouse or designated beneficiary shall be entitled to the same unused sick leave benefits option as elected by the employee, either the retirement time purchase benefit described in paragraph 2 above or the payment alternative described in paragraph 4 below. D. Payment alternative: Members of the bargaining unit hired prior to 01/01/2014 may elect the following benefit in lieu of the Retirement Time Purchase described in Paragraph 2. 1. Upon retirement, employees electing the payment alternative who have over 50 days of sick leave accumulated shall be paid an amount equivalent to one day's regular pay for all sick days accumulated over 50 days up to a maximum of 70 days’ pay. 2. Current employees who desire to select this payment alternative in lieu of the Retirement Time Purchase benefit in Paragraph 2 must state their desire in writing to the City Human Resources Director before 4:30 p.m. June 30, 2004. Employees hired after this contract is executed who desire to select this payment alternative in lieu of the retirement time purchase benefit in Paragraph 2 must state their desire in writing to the City Human Resources Director within 90 days of their date of employment. 3. Employees who select this payment alternative may accrue a maximum of 150 days of sick leave. All other employees may accrue a maximum of 242 days of sick leave. E. Sick leave extensions for serious and unusual circumstances may be approved by the City Manager at his discretion. The initial request for a sick leave extension will be submitted to the employee's department head. F. The employee, the employee's spouse or someone on behalf of the employee must notify the department of an illness or need for sick leave not later than one hour after the time the employee is scheduled to report to work in order for the employee to be eligible for pay, except for extenuating circumstances which justifiably preclude the notification. G. The number of sick days credited to each employee shall be printed on employee pay stubs. H. The City and the Union agree that an employee who abuses sick leave may be disciplined pursuant to the discipline article of the contract. It is agreed that employees may be required to provide a medical statement following a written warning. It is agreed that employees will not be required to AFSCME Contract – July 1, 2021 / June 30, 2024 Page 9 provide a medical statement beyond the twelve months, required by City Policy and Procedures governing sick leave abuse. 7. HOLIDAYS A. The following days shall be recognized as holidays: New Year's Eve Thanksgiving Day New Year’s Day Day after Thanksgiving Memorial Day Christmas Eve Independence Day Christmas Day Labor Day Personal Day observed at discretion of employee Martin Luther King B Day B. If any of the above holidays fall on Sunday, Monday shall be recognized as the holiday. If any of the above holidays fall on Saturday, the preceding Friday will be recognized as the holiday. For those employees who regularly work on Saturday and/or Sunday, the same criteria shall apply for the days recognized as those employees' weekend. C. Employees will be paid for recognized holidays where qualified, in an amount equivalent to eight times the employee's hourly rate or the equivalent to one day's pay. Employees who are required to work on a recognized holiday shall be further compensated at one and one half (1 ½) times their straight time hourly rate. D. To qualify for holiday pay an employee must work his/her regularly scheduled shift the day preceding and the day following the holiday or work the actual holiday unless properly excused. E. Employees qualifying to receive holiday pay will receive credit for those hours as hours worked for the purpose of calculating overtime. 8. JURY DUTY An employee who is called to jury duty may be excused from work until released from the court. Said employee will present court notice to his/her department head. The employee who has been excused will be paid his/her normal straight time earnings while on jury duty and may retain the fees received from court. Only scheduled workdays actually spent in court shall be counted in calculating payment. An employee who is not required to report for jury duty during a session on a certain date shall report to work. An employee who is not called at the opening of court for actual duty and who is excused for the remainder of the day shall report for work within one (1) hour after being excused. 9. UNION BUSINESS AFSCME Contract – July 1, 2021 / June 30, 2024 Page 10 Union Members may attend Union functions for up to ten (10) Business days cumulatively annually utilizing an unpaid leave of absence. The Union President shall notify both Department Directors giving written notice two weeks in advance. 10. SAFETY COMMITTEE The Safety Committee shall have representatives from each department to include a bargaining unit representative. Meetings will be subject to call by the HR Director. 11. SAFETY SHOES & CLOTHING A. The City agrees to make available to each employee covered by this contract a $300 boot allowance each year, to be included in the employees’ pay on the second paycheck immediately following July 1 each year. Footwear must be worn at all times per City PPE policy, and must comply with OSHA 1910.136 or ANSI Z41-1991 to qualify for reimbursement. B. Janitorial/Custodial personnel may be exempted from wearing safety shoes if approved by the HR Director and they will not receive the allowance listed above. C. Outdoor clothing shall be issued at hire date and replaced on three (3) year cycles. 12. HOURS OF WORK A. DEFINITIONS 1. The payroll week shall consist of seven days extending from Thursday at 12:01 am. To Wednesday 12:00 am. Unless it is changed to an alternative seven day period by City Commission ordinance. 2. The normal workweek shall consist of forty (40) hours within the payroll week. 3. The normal workweek shall also be Monday through Friday; however, supervision may schedule an employee for other than Monday through Friday when deemed appropriate. 4. The normal workday shall consist of eight (8) hours of work, or a normal schedule of four (4) consecutive ten (10) hour days. AFSCME Contract – July 1, 2021 / June 30, 2024 Page 11 5. Employees may be assigned to work a flexible work schedule that provides for irregular starting times. 6. The City will make every effort to notify an employee one week in advance before making a work schedule change, but as a minimum twenty four (24) hours in advance. B. OVERTIME 1. Employees who work more than forty (40) hours in any one-payroll week shall be paid one and one half times the base straight time hourly rate for all excess hours worked. 2. For the purposes of calculating overtime, Bereavement Leave shall be considered “hours worked.” 3. Employees required to work more than nine full days straight will be compensated at two times the base straight time hourly rate for all hours worked beginning with the 10th day and continuing until the employee receives a full day off. A full day shall be defined as an employee working the number of hours in their regular scheduled shift. A shift is either eight (8) hours or ten (10) hours depending on their schedule. 4. When an employee is called in and required to work overtime, he shall receive a minimum of two (2) hours of overtime at one and one-half his regular straight-time hourly rate, regardless of whether such employee works two full hours or not. During said two hour period of time he may be subject to more than one assignment. In the event the employee works beyond two (2) hours during the same overtime period, said employee shall receive time and one-half for each hour or part of an hour after the two (2) hours period expires. Employees receiving call out pay will be paid time and one- half for the duration of the call out assignment regardless of any leave taken during the pay cycle in which the call out occurs, including: sick leave, vacation leave, jury duty, etc. Employees who have served suspension without pay during the FLSA work cycle in which call out occurs will be ineligible for time and one-half rate of pay. 5. Employees who work overtime shall not be required to take time off to offset the overtime worked, although the employee may request time off at an alternate time during the work week in lieu of compensation for the extra hours of work, subject to supervisory approval. In the event the employees who work extended overtime are required by the City to take rest time off from the job, the employees shall be compensated at their regular straight time rate for any such rest time which extends into their next regular shift. Employees shall not be required to take vacation time as compensation for said rest time. 6. As needed, employees will be required to work hours in excess of that set forth herein, and will receive pay at the overtime rate as set out in subsection 1 above. When an employee is scheduled for overtime work he will be paid not less than two (2) hours. During said two (2) hour period he may be subject to more than one assignment. AFSCME Contract – July 1, 2021 / June 30, 2024 Page 12 7. Overtime offered immediately prior to or at the end of the workday will be assigned to the employees who have been performing that work unless an employee has a special family obligation that conflicts with the assignment. Such overtime may or may not be scheduled. Other overtime will be assigned in accordance with the following guidelines. 8. Seniority will prevail for all overtime work on a rotation basis except where qualification and expertise are an issue: a. Overtime work shall be distributed equally to employees working within the same job classification and by department, where possible. The distribution of overtime shall be equalized over each six-month period beginning on the first day of January and the first day of July each year. On each occasion, the opportunity to work overtime shall be offered to the employee within the job classification, and department where possible, who has the least number of overtime hours to his credit at that time. If this employee is not available to answer a call after two (2) consecutive call-in occasions in a six (6) month period or does not accept the assignment, he/she will be charged with such overtime hours as overtime worked, and the employee with the next-fewest number of overtime hours to his credit shall be offered the assignment. The City shall not be obligated to contact employees who are off duty other than by telephone. b. Each supervisor shall maintain an overtime record on an overtime chart provided to him. Overtime record charts shall be available for review by the department steward and a current copy of the overtime record charts shall be posted in the department. c. Employees who refuse overtime will be charged with such overtime hours as overtime worked. An employee absent for vacation will not be considered for overtime. d. A new employee or an employee who changes classifications, department or shift will be charged, at that time, with overtime equal to the greatest amount of overtime charged to any employee in the classification in the department and on the shift to which he changes. e. When overtime work is scheduled, the City will notify employees involved at least twenty -four hours in advance of such scheduled overtime. When unscheduled overtime is required the City will, except in unforeseen circumstances, notify the employee at least two hours before the end of the shift immediately preceding the overtime. Any improper scheduling shall be corrected only by offers of subsequent overtime assignments as they become available. f. If an employee suffers a loss due to improper scheduling of overtime he must inform his supervisor, and if he has in fact missed an overtime opportunity, he shall be offered the next available assignment. The City agrees that an employee will suffer no loss of compensation in the event that the next assignment, so offered, is not at the same pay level as the assignment missed. g. If an employee feels he will suffer a loss due to improper scheduling of overtime, he must inform his supervisor of the situation prior to the last hour of his shift immediately preceding the scheduled overtime. If no adjustment is made and a subsequent grievance substantiates the improper scheduling he shall be offered the next available overtime assignment. AFSCME Contract – July 1, 2021 / June 30, 2024 Page 13 h. It is understood that allowances for overtime differences due to special work requirements and/or emergencies may be necessary. However, such allowances will be discussed with the Union. i. Overtime for all employees will be equalized on January 1 and July 1 of each year. 9. All employees must provide a telephone number where they may be called for overtime purposes. Failure on the part of the employee to keep the City informed of his/her current address and telephone number or place at which or through which he/she might be contacted shall relieve the City of its responsibility in calling an employee for overtime work. 10. An employee who is required to work overtime and who works ten (10) or more continuous and successive hours, excluding the scheduled meal time, will be allowed a sufficient time and arrangements shall be made for him/her to have time to eat within the hour thereafter, and no time will be deducted for such meal period during such overtime work, it being understood that the period will be made as short as possible, and in no case to exceed thirty (30) minutes. An additional meal allowance will be allowed for each four hours of consecutive work performed thereafter. The City shall provide food and drinks at mealtime for employees when working overtime as referenced in this paragraph. This provision does not apply to a four (4) day, ten (10) hours/day work week schedule of an employee. 11. No employee will be required to work through the scheduled lunch period, except that any employee who works through the scheduled lunch period at the request of the City will be paid for the lunch period, provided however, that an employee’s lunch break shall not be deemed passed until he/she has been working on the job for a period of one and one-half hours past the mid-point of his/her work shift. No employee shall be forced to take an early time off to compensate him/her for time worked during a lunch period. 12. There shall be no changing of starting time in order to avoid the payment of overtime. C. LUNCH AND BREAK PERIODS Employees shall be granted two (2) paid fifteen (15) minute work breaks, one occurring in the first half of the shift and the second occurring in the second half of the work shift. Employees shall be granted an unpaid lunch period of thirty (30) minutes. Included in these times is travel time to and from the job site. 13. SEVERABILITY Should any article, paragraph or portion thereof of this Contract be held unlawful or unenforceable by a court of competent jurisdiction, such decision of the court shall apply only to the specific article, paragraph or portion thereof as directly specified in the judgment, and upon issuance of such judgment, AFSCME Contract – July 1, 2021 / June 30, 2024 Page 14 the parties hereto agree to negotiate a substitute for the invalidated article, paragraph or portion thereof 14. WAIVER IN EMERGENCY A. In cases of emergency declared by the President of the United States, the Governor of the Commonwealth of Kentucky, the Mayor of the City of Paducah, or the Federal or State Legislature, such as acts of God or civil disorder, the following conditions of this Agreement may be temporarily suspended: 1. Time limits for the processing of the grievance. 2. All agreements relating to the assignment of employees for the duration of the emergency period only. 3. Upon termination of the emergency, grievances filed prior to the emergency shall be processed in accordance with the provisions outlined in the grievance procedure of this Agreement and shall proceed from the point in the grievance procedure to which the grievance(s) had properly progressed, prior to the emergency. 15. LABOR/MANAGEMENT MEETINGS A. In the interest of sound labor/management relations, once each quarter on a mutually agreed date and time (or more frequent if mutually agreed), the employer's representatives shall meet with two (2) table officers or designated persons of the Union to discuss pending problems and to promote a more harmonious labor/management relationship. Such meetings are to be limited to no more than two hours at a time. Meetings will be held during the Union representatives normal work time and they shall suffer no loss of pay. However, if the number of employee hours being spent on such meetings becomes excessive in management's opinion, the meetings shall be scheduled at times other than the employee's working hours. B. An agenda will be exchanged by the parties at least three (3) working days in advance of the meeting with a list of matters to be discussed in the meeting and the names of those Union representatives who will be attending. Additions to the agenda may be included prior to the start of the meeting. The purpose of such meetings shall be to: 1. Discuss the administration of this Agreement. 2. Notify the Union of proposed changes by the Employer, which shall affect bargaining unit members. 3. Discuss grievances that have not been processed beyond the final step of the grievance procedure. AFSCME Contract – July 1, 2021 / June 30, 2024 Page 15 4. Disseminate general information of interest to the parties. 5. Discuss ways to increase productivity and improve effectiveness. 6. To consider and discuss health and safety measures relating to employees. 7. Other matters mutually agreed upon. C. It is further agreed that if special labor/management meetings have been requested, and mutually agreed upon, they shall be convened as soon as possible. 16. DEFINITIONS A. "City" as used herein, the term "City" shall mean the City of Paducah and/or its governing body, the Board of Commissioners. B. "Union" as used herein, the term "Union" shall mean the American Federation of State, County and Municipal Employees, AFL CIO, Local 1586 and/or its officers and executive board. C. "Employees" as used herein, the term "employees" shall mean all permanent full time employees of the City who are members of the bargaining unit. D. "Seasonal position" as used herein, the term "seasonal position" shall mean a position of employment with the City which may be annual in nature, but limited to a particular seasonal need of the City. Seasonal positions normally shall not exceed six months. E. "Temporary Employees" Nothing herein shall prevent the City from hiring temporary employees. However, the city shall not hire temporary employees for the purposes of eroding the bargaining unit or to evade this agreement. Normally, these employees will be used for a limited period not to extend six months. However, due to unforeseen circumstances the need may arise to extend temporary employees beyond six months. F. Each month the City Manager will present to the Commission a report listing all seasonal and temporary employees who have been employed for more than 6 months. G. "Evening shift" as used herein, the term "evening shift" shall mean a regularly scheduled period for one or more employees in which more than one half the scheduled time is between the hours of 3:30 p.m. and 12:00 am. H. "Night shift" as used herein, the term "night shift" shall mean a regularly scheduled work period for one or more employees in which more than one half the scheduled time is between the hours of 11:00 p.m. and 7:30 am. I. "Seniority' as used herein, the term "seniority" shall mean length of service as a permanent fulltime employee with the City. It is agreed and understood, however, that seniority shall be suspended during the probationary period of ninety (90) days immediately following a promotion to a higher classification, and shall also exclude all suspensions for disciplinary action. AFSCME Contract – July 1, 2021 / June 30, 2024 Page 16 J. It is agreed that any reference to his or her contained in this contract is intended to be gender neutral. 17. MANAGEMENT RIGHTS A. Except as expressly modified by a specific provision of this Agreement, the City retains its sole and exclusive rights to operate and manage its affairs in all respects. The exclusive rights of the City which are not abridged by this Agreement include, but are not limited to, its right to hire and be the sole judge of qualifications of applicants. The City has the right to direct the working forces, to discipline or discharge for just cause, to establish, maintain and modify departmental procedures; to lay-off and recall; to be the judge of whom to promote and the methods and procedures for promotions; to assign work; to transfer employees as needed from one group/area to another in a manner most advantageous to the City; to contract and subcontract with outside contractors; to establish, modify or change manning levels and the amount or type of equipment in the department, etc.; the right to direct employees of the department to include the right to hire, promote or transfer; the right to organize or reorganize the Department in any manner to include the determination of job classifications; the allocation and assignment of work to employees within the department that is advantageous to the City; to introduce new, improved or different methods and techniques of operation or to change existing methods and techniques of operation; to change, modify or purchase new types of equipment; to establish or eliminate in-service training programs and requirements for upgrading the skills of employees; to determine the location, methods, means and personnel by which operations are to be conducted; to establish, implement and maintain internal security practice; to schedule overtime, vacations, days off and holidays off; to take whatever actions may be necessary to carry out the mission of the City in emergency situations; any other rights the City has not expressly given up in this Agreement. B. Failure by the City to exercise any of its rights shall not constitute a waiver of that right. C. The above right and powers are vested in the City; however, the exercise of these rights shall be subject to the grievance procedure as expressly modified by the terms of this Agreement. 18. WORK RULES A. The Bargaining Unit recognizes that the City, in order to carry out its statutory mandates and goals, has the right to promulgate work rules, regulations, policies, procedures and general orders. B. The City agrees that no work rules, regulations or employment policies shall be established that are in violation of any express terms of this Agreement. C. Any additions or amendments to the work rules, regulations, policies, procedures and general orders shall be reduced to writing, posted on the department bulletin boards and copies distributed to AFSCME Contract – July 1, 2021 / June 30, 2024 Page 17 members of the Bargaining Unit five (5) days prior to implementation; however this section does not limit the right of the City, to meet emergency or operational needs, to implement any work rules or regulations, policies, or general procedures prior to the conclusion of the five (5) day notification period. The addition or amendment will be dated and state its effective date. Each employee shall sign to acknowledge receipt of same. 19. CIVIL SERVICE PROTECTION The City has eliminated Civil Service Status for all classifications, but the City will continue to offer Civil Service protection to Bargaining Unit employees that were hired under Civil Service. This protection will continue even after an employee transfers to another non-Civil Service status classification that has representation by the Bargaining Unit; however, promotions will be by merit. Employees utilizing Civil Service Protection will not have the grievance procedure available to them. 20. TEMPORARY ASSIGNMENT A. When, due to the absence of a regular employee or for operational needs, a temporary assignment is available in a work unit the assignment shall first be offered to qualified employees in the work unit where the assignment exists. The assignment may be rotated among employees to facilitate the learning and training process for other employees or assigned to only previously qualified employees, depending on the immediate needs of the department. In the instance of a temporary assignment requiring greater than 90 days a rotation of qualified employees shall be used with each employee serving for a period of thirty days after the initial 90-day period. B. An employee who is awarded a temporary assignment in a higher rank position shall receive the higher pay rate after he/she has worked four (4) continuous weeks (20 days worked). The adjusted wage rate will be paid in a manner corresponding with the actual dates working in said acting position. Once formal action has been taken to adjust the employee’s pay rate, that pay rate will be applied back to the beginning of the temporary assignment. In instances where it is anticipated the assignment is to be for four (4) weeks or longer, the increase will be initiated immediately. An employee who is awarded an assignment in a lower rated position shall maintain his/her regular rate of pay. Employees filling positions of higher classification on an intermittent or short-term basis are expected to perform those duties as a part of their classification responsibility. C. Employees who request in writing training to perform tasks that are not part of their normal job may be given temporary assignments for training purposes with no increase in pay. Each Department will maintain a training request sign-up sheet. Such training assignments without extra pay shall not be continued after an employee has demonstrated his competency to perform the assignment. The City shall adopt a City Policy on the work training program and shall receive input from an advisory committee of Union members. AFSCME Contract – July 1, 2021 / June 30, 2024 Page 18 21. MISCELLANEOUS A. The Union and bargaining unit employees shall have access to Union bulletin boards for the purpose of posting Union and other notices. All postings shall have the department director’s stamp of approval for posting. It is understood that no material may be posted on any bulletin boards by the Union which contain (a) personal attacks on any other member or any other employee; (b) scandalous, scurrilous or derogatory attacks upon the City, or any other governmental units or officials; and (c) attacks on and/or favorable comments regarding a candidate for public office. B. At least once each quarter the City will provide electronically to the Treasurer of the Union a roster of employees, showing the date hired, classification, department, home address with phone and designating those employees for whom the Union has not provided dues payroll authorization forms to the City. The Union shall furnish the City with a quarterly up to date list of names of Union executive board members, in writing, to the City Manager. C. Accredited representatives of AFSCME, whether local, district council, or international representative shall have the full and free access to the premises of the City, involving work areas of bargaining unit employees and City Administrative offices at City Hall for the purpose of attending meetings, discussing personnel matters, contract disputes with City officials or department heads, safety inspections or alleged violations of the contract, subject to prior notification and approval of the City and with the understanding that work time interference will be kept at a minimum. D. Supervisory personnel may perform non-supervisory work as time permits. However, it is understood that a supervisor has primary responsibility in supervising employees and facilitating them in the accomplishment of their work. E. The City and the Union agree that employees work primarily in their classifications. However, employees may be required to assist others in their department and such work may or may not be in their classification. Nothing herein entitles Bargaining Unit employees to perform work for other City employees that are performing minor maintenance, cleanup or incidental work related to the other City employees job, e.g., hanging pictures, painting , moving furniture, lawn care, washing vehicles, cleaning restrooms, etc. Training and safety will be primary considerations by management in the assignment of work in all departments throughout the City. F. The City will permit vending machines to be installed in all departments for the benefit of the employees. G. Whenever practical the City shall place tops and windshields on equipment to protect employees from adverse weather conditions. H. The City shall furnish and maintain individual lockers for all employees covered by this Agreement. AFSCME Contract – July 1, 2021 / June 30, 2024 Page 19 I. The City agrees that supervisors of employees, within the bargaining unit, shall make reasonable effort to recognize seniority when assigning work to the employees, but it is understood that the primary consideration must remain; qualifications, efficiency in a skill, and the proper completion of the work to be done. An employee wishing to express a preference for a type of work may make it known to his immediate supervisor in order to have consideration on future assignments. This provision shall apply primarily to specific classifications within a particular department. J. City supervisors and employees will not use profane or abusive language toward one another in the performance of their job. K. Work Group Leaders will be appointed by management and in compliance with City Ordinance as they are needed to facilitate the efficient progress of work. Appointments will be made based on qualification and performance with the length of appointment being at the discretion of management. An employee appointed to a Group Leader position will receive additional $0.50/hour compensation. L. The City agrees in its hiring practice to give its current team members preference in appointment in a vacant union represented position. The City agrees that internal applicants will be considered alongside external applicants but all internal applicants will be interviewed and receive a practical exam when applicable. 22. OUTSIDE CONTRACTING A. It is the intent of the City to make every effort to utilize its employees to perform work that they have normally and historically performed. However, nothing herein shall be deemed a limitation on the City's right to contract with outside contractors. B. In the event the City contemplates or proposes to contract out work that could cause the layoff of employees or a reduction of the employees in the bargaining unit, management will notify the Union at least 60 days prior to taking such action. C. A labor management meeting shall be held promptly to discuss the impact of outside contracting on employees, the feasibility of the proposed third party contracting and the potential for preventing erosion of the Bargaining Unit. D. The Union will be notified of any other contracting out that the City intends to propose or award. E. Typically, the City will contract out work where expertise and/or equipment of other vendors are needed, the volume of work is beyond the immediate capacity of the department to handle or the City is at a cost competitive disadvantage to handle the work. AFSCME Contract – July 1, 2021 / June 30, 2024 Page 20 23. SAFETY In the event a job situation or item of equipment is reasonably challenged by an employee as a serious threat to his safety, he shall notify his immediate supervisor, immediate superintendent, and his steward. If the matter is not resolved to the satisfaction of the employee, he may take the matter up with his department director, together with the supervisor and steward who will consult the applicable Kentucky OSHA regulations in making their decisions. If the matter remains unresolved, the department director will notify the HR Director, who will make the final determination in the matter. Any further challenge by the employee may be handled through the grievance procedure or through the Kentucky OSHA regulations as provided by law. 24. PROBATIONARY PERIOD A. All new employees with the City and newly promoted employees shall serve a six (6) month probationary period. No newly hired probationary employee may be a member of the union. B. A probationary employee may be terminated at any time during his/her probationary period and have no appeal through the Grievance Procedure. C. A newly promoted employee will be allowed to return to his/her previous classification, a classification previously held or a classification in which he/she is qualified provided there is an available opening. The employee will have up to thirty (30) days to exercise this option. 25. CONTINUITY OF OPERATION A. The services performed by the City of Paducah employees are governmental in nature and are essential to the public's safety and welfare. Accordingly, it is agreed that there shall be no strikes during the life of this agreement. B. It is further understood and agreed that any refusal on the part of any employee to cross a picket line at some other place, when the same is necessary to perform the duties assigned by the City of Paducah, shall entitle the City of Paducah to perform the work by any means available. C. The city of Paducah agrees that it will not lock out its employees during the life of this agreement in support of its bargaining position or to require the Union to concede to its grievance. 26. WAGE AND BENEFITS AFSCME Contract – July 1, 2021 / June 30, 2024 Page 21 A. Life Insurance The City shall pay for each bargaining unit employee the full premium for a $15,000 group life insurance policy. B. Wages 1. Employee classifications and wages are established and changed by City ordinance. Changes in classification and/or compensation shall be reviewed with the Union prior to adoption by the City. The following classifications and base wages will be in effect on the following dates: CLASSIFICATION Hourly Rate as of 12-19-20 July 2021 (FY22) + 2.5% July 2022 (FY23) + 3.0% July 2023 (FY24) + 2.0% MAINTENANCE TECHNICIAN $20.52 $21.66 $22.31 $22.76 TRAFFIC TECHNICIAN $20.52 $21.66 $22.31 $22.76 FLOODWALL OPERATOR $20.53 $22.25 $22.92 $23.38 COMPOST / EQUIPMENT OPERATOR $20.36 $22.48 $23.15 $23.61 CONCRETE FINISHER $20.36 $21.50 $22.14 $22.58 ROW MAINTENANCE PERSON $19.24 $20.80 $21.43 $21.86 SOLID WASTE TRUCK DRIVER $19.09 $21.25 $21.89 $22.32 LABORER $17.90 $19.37 $19.95 $20.35 JANITOR / COLLECTOR $18.91 $19.48 $19.87 2. Each employee shall receive longevity pay of seven dollars ($7.00) per month for each year of continuous service up to and including twenty (20) years. 3. Payment for such service shall commence in the anniversary month of service. All vacation time, sick leave and authorized leave of absence shall constitute service for the purpose of this provision. 4. Graduated Wage Scale will apply to all employees hired after January 30, 1998. Graduated Wage Scale will apply to (all) classifications. Graduated Wage Scale will start on the newly Hired employee's date of hire with a minimum hire rate of 80% of maximum, and increase 5% every six months until the employee reaches 100%. As an example: Initial hire rate 80% Six month anniversary 85% Twelve month anniversary 90% Eighteen month anniversary 95% AFSCME Contract – July 1, 2021 / June 30, 2024 Page 22 Twenty four month anniversary 100% 5. The City may hire new employees into skilled positions at wage rates between 80% and 100% of the full wage for the position needing to be filled, based upon the relevant qualifications of the applicant. In the event an employee is hired above 80% of the wage rate for a position, the City agrees to consider the qualifications of incumbent employees in the same position for consideration of pay equity for comparable qualifications. In all cases when an employee is hired above the 80% wage rate for a given position the City will provide written notice to the Union. 6. Employees leaving the City due to resignation, retirement, or termination will receive all monies currently due him on the next pay period. Payroll can NOT be completed for any terminated employee until all City issued clothing/equipment is certified as returned by the appropriate supervisor. 7. If an error results in an employee receiving less pay than is due him, the error will be corrected on the employee's next paycheck. Hardship cases, those with a net error of $200 or greater with base pay and for other than overtime calculations, will result in the City providing a make-up check on the next business day after notification of the error. 8. Employees who work on the evening or night shift shall receive a shift premium of thirty five (35) cents per hour for work performed on the evening shift, and a premium of fifty (50) cents per hour for work performed on the night shift. 9. The City will pay all employees bi-weekly by direct deposit to an approved financial institution of their choosing. 27. INDIVIDUAL AGREEMENT The City agrees not to enter into any Agreement or contract with employees, individually or collectively, which in any manner conflicts with the terms and provisions of this agreement. Employees are allowed to work as referees and/or umpires in a non-collective bargaining capacity. 28. DURATION A. The Agreement, when signed by the duly authorized officers of the City and the Union, shall become effective as of July 1, 2021, and shall remain in full force and effect through the 30th day of June, 2024. B. Negotiations 1. Between November 1 and 15, 2023 either party may request in writing that negotiations be opened to modify or renew this Agreement. Within 10 days of receipt of the request to open negotiations the parties will meet and schedule at least four (4) negotiating meetings to be held between January 2 and March 1, 2024. Failure to reach tentative agreement in this timeframe will AFSCME Contract – July 1, 2021 / June 30, 2024 Page 23 result in a ninety (90) day suspension of negotiations. On or about June 1 negotiations will resume and if the parties come to an impasse, either party may request mediation services through the Kentucky Labor Cabinet and the current Bargaining Agreement will be extended for thirty (30) days. If there is no resolution through mediation or if the parties elect not to use mediation, then the City will present its last, best, final offer to the Bargaining Unit for ratification vote. 2. In any event, nothing herein contained shall preclude either party from modifying or changing or amending its proposals for a new Agreement. The City and Union each have entered into this Agreement pursuant to duly adopted ordinances and resolution authorizing same. 3. The City agrees to pay three (3) employees representing the Bargaining Unit at the straight time hourly rate for up to four (4) hours for each meeting up to a maximum of five (5) meetings for negotiations of a new Collective Bargaining Agreement if the employee time lost is during normal work hours. AFSCME Contract – July 1, 2021 / June 30, 2024 Page 24 SIGNATURE PAGE IN WITNESS WHEREOF, the parties have hereunto set their hand this ___ day of _March, 2021. This agreement shall become effective upon signature of the parties. For The City of Paducah, Kentucky for The American Federation of State, County and Municipal Employees, AFL-CIO Local 1586 ______________________________ ___________________________ George Bray, Mayor David Shockley, President WITNESS: _____________________________ Brian Green _____________________________ Jarred Griffin Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: Amendment to Professional Services Contract with Strand Associates in the amount of $49,000.00 - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: Synopsis: The City of Paducah has a stormwater permit that requires the City to comply with regulations from the Environmental Protection Agency (EPA) and the Kentucky Division of Water (KDOW). The City has a contract with Strand Associates to help fulfill the requirements of the permit, mainly the Stormwater Quality Management Plan. This ordinance will continue the contract, as well as expand the stormwater work Strand does for the City. Background: On March 18, 2020, the City entered into a contract for as-needed stormwater assistance with Strand Associates in the amount not-to-exceed $25,000.00. The Scope of Services included the following: 1. Assist with annual reporting, stormwater quality management plan updates, and other permit compliance efforts. 2. Attend meetings. 3. Communicate with Kentucky Division of Water staff. The city wishes to extend the contract to include the above referenced items for the upcoming report cycle ending in April 2022, as well as, incorporating modeling services to assist the City in prioritizing possible stormwater projects on the basis of impact and anticipated costs, preparation of an Operation and Maintenance Plan, and an updated drainage manual as well as training and outreach for local engineers and designers. The City received Small Municipal Separate Storm Sewer Systems (MS4) permit no. KYG200000 on May 1, 2018. The permit places effluent limitations, monitoring requirements and other conditions upon the City in order to comply with the permit. The City is required to develop, implement, enforce and update as needed a Stormwater Quality Management Plan. The proposed contract amendment incorporates needed work scope in order for the City to meet its regulatory requirements. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Stormwater Communications Plan: Presentation for the Board of Commissioners Communication Manager involved in discussion of projects Updates for the website, social media posts Work with Communications Manager to prepare Government 11 project updates Education for local engineers and designers Funds Available:Account Name: MAP Fund- Construction Materials/Storm Sewer Account Number: 23002217-53920 Staff Recommendation: Authorize and direct the Mayor to accept and execute Contract Amendment #1 and any associated documents. Authorization increases Strand's contract by $49,000.00. The approval of the contract amendment will increase the total contract amount of $25,000.00 to $74,000.00. Attachments: 1.ORD Strand Amendment 2.Strand.Paducah Amendment.General Svcs Agreement ORDINANCE NO. 2021-_____-________ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH STRAND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES RELATED TO STORMWATER ASSISTANCE WHEREAS, on March 18, 2020, the City entered into a contract for as-needed stormwater assistance with Strand Associates, Inc. in the amount not-to-exceed $25,000.00; and WHEREAS, the City received Small Municipal Separate Storm Sewer Systems (MS4) permit no. KYG200000 on May 1, 2018; and WHEREAS, said permit places effluent limitations, monitoring requirements and other conditions upon the City in order to comply with the permit; and WHEREAS, the City is required to develop, implement, enforce and update as needed a Stormwater Quality Management Plan; and WHEREAS, the Board of Commissioners desires to enter into a contract amendment with Strand Associates, Inc. to incorporate needed work scope in order for the City to meet its regulatory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission does hereby approve Amendment No. 1 to the Agreement with Strand Associates, Inc. for professional services related to Stormwater assistance. Said Amendment increases the agreement by $49,000.00 for a total Agreement amount of $74,000.00. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute Amendment No. 1 with Strand Associates, Inc. on behalf of the City of Paducah. SECTION 3. This expenditure shall be charged to the MAP Fund- Construction Materials/Storm Sewer Account Number 23002217-53920. 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, ____________________ Adopted by the Board of Commissioners, _____________________ Recorded by Lindsay Parish, City Clerk, ______________________ Published by The Paducah Sun, _____________________________ \ord\eng\CO Strand Associates Stormwater Assistance 2021 SMG:gjc\R:\LOU\Documents\Agreements\P\Paducah, City of (KY)\As-NeededStormwaterAssistance.2020\Agr\Amd\4418.005.1.docx March 17, 2021 City of Paducah 300 South 5th Street P.O. Box 2267 Paducah, KY 42002-2267 Attention: Mr. Rick Murphy, P.E., City Engineer Re: Amendment No. 1 to the March 11, 2020, Agreement for General Services As-Needed Stormwater Assistance This is Amendment No. 1 to the referenced Agreement. Under Scope of Services, ADD the following: “5. Provide supplemental stormwater modeling to support the development of stormwater projects. Support will include review of existing ENGINEER-prepared models from the Comprehensive Stormwater Master Plan (CSMP) project, supplemental modeling efforts to enhance modeling in the areas, and targeted evaluation of potential alternatives. Provide a short narrative summarizing the modeling results, exhibits for the project areas, and a preliminary opinion of probable construction cost for the alternatives. 6. Develop an operation and maintenance plan in accordance with KDOW municipal separate storm sewer system permit requirements. 7. Provide training to local developers and engineers on changes to OWNER’s draft stormwater drainage manual prepared by ENGINEER as part of the CSMP project. Finalize the stormwater drainage manual following OWNER’s final review, incorporating OWNER’s comments and local community input, as appropriate.” Under Compensation, CHANGE $25,000 to “$74,000.” IN WITNESS WHEREOF the parties hereto have made and executed this Amendment. ENGINEER: STRAND ASSOCIATES, INC.® Joseph M. Bunker Date Corporate Secretary OWNER: CITY OF PADUCAH George Bray Date Mayor Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: Zoning text amendment of Section 126-87 Mobile Food Vehicles - J SOMMER Category: Ordinance Staff Work By: Josh Sommer Presentation By: Josh Sommer Background Information: On March 15, 2021; the Paducah Planning Commission forwarded a positive recommendation to the Board of Commissioners to revise Section 126-87 (c) of the Paducah Zoning Ordinance. This change is to clarify exemptions for mobile food vehicles under the zoning ordinance. Specifically, mobile food vehicles operating under a special event permit or permanent mobile food vehicles (as in a mobile food court) are exempted from this section of the zoning ordinance. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Approval Attachments: 1.ORD Mobile Food Vehicles Text Amendment 2.Staff Report 3.Signed Resolution (MFV) ORDINANCE NO. 2021-_____-______ AN ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO MOBILE FOOD VEHICLES WHEREAS, any proposed change to the text of the zoning code must be referred to the Paducah Planning Commission and recommendation made to the Paducah Board of Commissioners before enactment; and WHEREAS, a public hearing was held by the Paducah Planning Commission on March 15, 2021, after advertisement pursuant to law; and WHEREAS, the Paducah Planning Commission duly considered said proposal and has heard and considered the objections and suggestions of all interested parties who appeared at said hearing; and WHEREAS, the Planning Commission adopted a proposal to change the text of Section 126-87 Mobile Food Vehicles of the City of Paducah zoning ordinance; and WHEREAS, the City desires to amend certain sections of the Paducah Code of Ordinances to reflect the changes. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky hereby amends Section 126-87 Mobile Food Vehicles of the Paducah Code of Ordinances as follows: Sec 126-87. Mobile Food Vehicles (a) Purpose and intent (b) Definitions. (c) Exemptions. This section shall not apply to ice-cream or coffee trucks that move from place-to-place and are stationary in the same location for no more than ten (10) minutes at a time. This section also does not apply to food vending push carts, or food stands, Mobile Food Vehicles in operation under a special event permit and Mobile Food Vehicles intended to be stationary, such as; but not limited to, in a mobile food vehicle court. (d) Zoning locations (e) Location and hours. (f) Self-contained units and appurtenances. (g) Garbage disposal. (h) Serving articles and alcoholic beverages. (i) Special Events. (j) Noise. (k) Application and permitting. SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 5. Effective Date. 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 by the City Clerk, ____________________________________ Published by The Paducah Sun, _________________________________ ord\126-87 Mobile Food Vehicles TEXT AMENDMENT PADUCAH BOARD OF COMMISSIONERST PROCEDURAL NOTE Zoning text amendments are first heard before the Paducah Planning Commission at a public hearing, pursuant to KRS 100.211 (2). The Planning Commission made a positive recommendation to the Board of Commissioners at the March 15, 2021 meeting. CONSIDERATIONS Section 126-87 pertains to how Mobile Food Vehicles are operated. Since it’s inception in May of 2017, changes to this section of the zoning ordinance have become necessary and desirable as related to the operation of Mobile Food Vehicles. This text amendment is intended to clarify that Mobile Food Vehicles operating under a special event permit, such as Quilt Week or BBQ on the River, are exempt from this section of the Zoning Ordinance. Further, Mobile Food Vehicle developments that are intended to be permanent and stationary are also exempted, as in a mobile food vehicle court. TEXT AMENDMENT The proposed amendment is as follows: Sec 126-87.Mobile Food Vehicles (a)Purpose and intent (b)Definitions. (c)Exemptions. This section shall not apply to ice-cream or coffee trucks that move from place-to- place and are stationary in the same location for no more than ten (10) minutes at a time. This section also does not apply to food vending push carts, or food stands, Mobile Food Vehicles in operation under a special event permit and Mobile Food Vehicles intended to be stationary, such as; but not limited to, in a mobile food vehicle court. (d)Zoning locations CASE NO.TXT2021-029 TITLE Mobile Food Vehicles SECTIONS Section 126-87. Mobile Food Vehicles (c) Exemptions DESCRIPTION Text change to provide for: Exemptions for Mobile Food Vehicles operating under a special event permit or in a mobile food vehicle court STAFF REPORT (continued) page 2 of 2 (e)Location and hours. (f)Self-contained units and appurtenances. (g)Garbage disposal. (h)Serving articles and alcoholic beverages. (i)Special Events. (j)Noise. (k)Application and permitting. STAFF RECOMMENDATION Based upon the above, staff recommends the Board of Commissioners accept the Paducah Planning Commission’s positive recommendation and approve the text amendment of Section 126-87 Mobile Food Vehicles. Agenda Action Form Paducah City Commission Meeting Date: March 23, 2021 Short Title: Zoning text amendment of Section 126-115 Historical Zones, H-1 and H-2 - J SOMMER Category: Ordinance Staff Work By: Josh Sommer Presentation By: Josh Sommer Background Information: On March 15, 2021; the Paducah Planning Commission forwarded a positive recommendation to the Board of Commissioners to revise Section 126-115 Historical Zones of the Paducah Zoning Ordinance. Specifically, the proposed changes are to standardize verbiage, remove screening requirements in the H-1 Zone as screening does not apply, allow multi-family dwellings as conditional uses in the H-2 Zone, protect the existing historic housing stock by now allowing further subdivisions of single-family and two-family structures, removal of redundant principal permitted uses, standardize and label dimensional requirements to reflect how they appear in other zones, enumerate standards for historical integrity that were intended to be stand-alone standards and remove the requirement for mandatory informal meetings with petitioners, thereby saving them up to a month's time on their projects. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Approval Attachments: 1.ORD Historical Zones Text Amendment 2.Staff Report - Historical Zones 3.Signed Resolution (H-1 & H-2) ORDINANCE NO. 2021-_____-______ AN ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO HISTORICAL ZONES WHEREAS, any proposed change to the text of the zoning code must be referred to the Paducah Planning Commission and recommendation made to the Paducah Board of Commissioners before enactment; and WHEREAS, a public hearing was held by the Paducah Planning Commission on March 15, 2021, after advertisement pursuant to law; and WHEREAS, the Paducah Planning Commission duly considered said proposal and has heard and considered the objections and suggestions of all interested parties who appeared at said hearing; and WHEREAS, the Planning Commission adopted a proposal to change the text of Section 126-115 Historical Zones, H-1 and H-2 of the City of Paducah zoning ordinance; and WHEREAS, the City desires to amend certain sections of the Paducah Code of Ordinances to reflect the changes. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky hereby amends Section 126-115 Historical zones, H-1 and H-2 of the Paducah Code of Ordinances as follows: Sec. 126-115. Historical zones, H-1 and H-2. (a) Use provisions for Historical-Commercial Zone, H-1. The purpose of the H-1 Historical-Commercial Zone zone is to encourage the development, redevelopment and the preservation of the City's historical-commercial area. (1) Principal permitted uses. (2) Minimum yard requirements. None. (3) Minimum area requirements. None. (4) Minimum building height. None. (5) Screening requirements. Same as section 62-62. (6) (5) Parking requirements . None. (b) Use provisions for Historical Neighborhood Zone, H-2. The purpose of the H-2 zone is to encourage the development, redevelopment and preservation of the City's historic neighborhood areas. (1) Principal permitted uses. a. Any principal use permitted in an R-4 zone; except multi-family dwellings shall be conditional uses; b. Funeral homes; c. Beauty shops and barbershops; d. Florist shops; e. d. Assembly building of cultural, fraternal, professional and labor organizations; f. Antique shops; g. e. Restaurants; h. f. Retail establishments, provided they are conducted wholly within a building except for off-street loading and unloading, and provided further that product processing is not allowed on the premises; i. Real estate agencies; j. Insurance agencies; k. Dressmaker's establishment Tailor shop; and l. g. Any similar use which the HARC finds, based upon evidence at a public hearing, that would not impair the historical integrity of the historical neighborhood Historical Neighborhood zone. 2. Conditionally Permitted Uses a. Lodging Houses b. Multi-family dwellings. Existing single-family or two-family dwellings more than fifty (50) years old shall not be subdivided into smaller dwelling units regardless of lot size. 3. Dimensional requirements. a. Minimum lot area: 1. Single-family dwelling: Four thousand (4,000) square feet. 2. Two (2)-Family Two-family dwellings: Four thousand (4,000) square feet per unit. 3. Multi-family dwellings: Three thousand (3,000) square feet per unit. b. Minimum side yard: Six (6) feet. Front yard: Twenty-five (25) feet. c. Minimum front yard: Twenty-five (25) feet. Side yard: Six (6) feet. d. Minimum rear Rear yard: Twenty-five (25) feet. e. Maximum building height is thirty-five (35) feet or no higher than two (2) feet taller than the tallest principal building on either side of the proposed new construction. (4) Screening requirements. Same as provided in section 126-72 126-83. For the purposes of screening between the H-2 zone and all adjoining zones, the H-2 zone shall be treated as residential property under section 126-72. (5) Parking requirements. Same as provided in section 126-71, provided that parking areas will be placed to the rear of behind the rear line of the principal structure upon any lot unless the HARC shall find, upon evidence at a public hearing, that the waiver of this provision shall only minimally affect the historical integrity of the neighborhood this zone. (6) Waiver of lot requirements. The requirements section 126-64 (b) and (c) may be waived by the HARC, upon a finding based on evidence at a public hearing that such waiver will not impair the historical integrity of the neighborhood this zone. (7) Reserved. (c) Standards for determining historical integrity. The criteria to be applied in determining the existence of historical integrity as that phrase is used in this section shall be: (1) (2) (3) That the proposed action is in conformity with at least a majority of the applicable guidelines for exterior features promulgated by the Secretary of the Interior of the United States in the publication "Standards of Rehabilitation" (January 1990 Revision: GPO 230 394), as amended from time to time, and as set forth in any subsequent edition of this publication. The proposed action is not addressed in the Standards of Rehabilitation. (4) The proposed action is not addressed in the Standards of Rehabilitation. (4) (5) That those portions of the affected real estate which are ordinarily visible from any public roadway within the zone are characteristic in appearance to architectural styles, materials and color shown by the evidence to have been prevalent in Paducah prior to 1940 or at the date of original construction of the structure, whichever date is earlier. The proposed new construction complies with the HARC Advisory Design Guidelines and a majority of the Secretary Standards of Rehabilitation. (6) The proposed new construction complies with the HARC Advisory Design Guidelines and a majority of the Secretary Standards of Rehabilitation. (d) Historical and Architectural Review Commission (HARC) established. (e) Membership of HARC. (f) Powers and duties of HARC. (1) General powers and duties. The HARC is invested with the following powers and duties: a-c d. The HARC is authorized and empowered to grant certificates of appropriateness Certificates of Appropriateness. e-i j. The HARC shall make recommendations for the designation of local historic districts, landmarks and landmark sites. k. The HARC may adopt additional guidelines for the protection of historic district districts, landmarks and landmark sites. l-n (2) Designation of historic districts, landmarks and landmark sites. a. Consideration of the designation of a historic district or a landmark and landmark site may be originated by the HARC, or by the filing of an application for designation by a property owner, any resident of the City or any organization in the City. An application shall be filed with the HARC in such form and accompanied by such information as required by this section and the rules of the HARC. A person or organization proposing a designation shall give the HARC the names and addresses of the owners of the affected property and the owners of all adjoining property and property across the street as listed on the tax rolls of the City. The HARC shall promptly notify these owners by certified mail that the property is under consideration for designation and that a public hearing is being held on the proposed designation by the HARC. Written notice shall be considered sufficient when it is mailed to the person at the address listed on the tax rolls of the City or when it is mailed to the last known address of that person. b. c. A historic district or landmark shall qualify for designation when it meets one (1) or more of the following criteria, which shall be discussed in a report by the HARC to the Planning Commission. The purpose of the designation of a landmark is to encourage the preservation, rehabilitation and use of these buildings. Each designation of a landmark shall include the designation of a landmark site, which shall consist of the land on which the landmark and related buildings and structures are located and the land that provides the grounds or the setting for the landmark. A historic district or landmark shall be designated because of: 1. Its value as a reminder of the cultural or archeological heritage of the City, State or nation Nation; 2. Its location as a site of a significant local, State or national event; 3. Its identification with a person or persons who significantly contributed to the development of the City, State or nation Nation; 4-7 d-g (3) Nominations to the National Register of Historic Places. a. b. If either or both the Mayor and the HARC recommend that a property should be nominated, the nomination will receive a preliminary review by the Kentucky Historic Preservation Review Board. The Review Board shall make a recommendation to the State Historic Preservation Officer, who decides whether to forward the nomination to the U.S. Secretary of the Interior, who shall make the decision on listing the property on the National Register. The Mayor, the HARC or the property owner may appeal the final decision by the State historic preservation officer Historic Preservation Officer. (g) Certificate of Appropriateness required for changes in exterior appearance. (1) Generally. (h) Application for Certificate of Appropriateness. (1) Before the commencement of any work for which a Certificate of Appropriateness is required as hereinbefore provided, an application to the HARC therefor shall be made by the owner and filed in the office of Planning and Zoning the Department of Planning office. (2) (i) Informal discussion regarding Certificate of Appropriateness. (1) Upon the submission of an application for a Certificate of Appropriateness, the same shall be placed upon the agenda for the next meeting of the HARC for which the agenda has not, under the rules of the HARC, been completed, and the applicant shall be advised by the office of Planning and Zoning of the date, time and place of that meeting. (2) At that meeting an informal discussion of the application will be held and the members of the HARC may make suggestions for alterations of the proposal to more nearly comply with the terms of this section. Also, at the initial meeting, the HARC shall set a date, time and place in the reasonably near future for a public meeting. (j) (i) Public hearing on Certificate of Appropriateness . (1) Action by HARC. The HARC shall hold a public hearing on each application for a Certificate of Appropriateness submitted to it, after notice is given in the same manner as for hearing before the City Planning Commission a hearing before the Board of Adjustment. The HARC may: a-d (2) Time limit; findings of fact. (k) (j) Grounds for granting certificates of appropriateness a Certificate of Appropriateness . (1) Additive changes. (2) Changes by removal. (3) Routine alterations. The following list of routine alterations can be issued a Certificate of Appropriateness by the Chairman of HARC without the necessity of a public hearing. The Zoning Administrator will make the determination if the alteration is routine and requires a public hearing. If the proposed change is not listed in this subsection, then the formal application process with a public hearing is required. If the Chairman of HARC elects not to sign the Certificate of Appropriateness for the routine alteration, then the application shall be forwarded to the Board Commission and go through the formal application process with a public hearing. a-c (l) (k) Maintenance and safety standards. (1) Ordinary maintenance and repair permitted. (2) Maintenance required; correction of defects . a. b. The HARC shall request a meeting with a property owner when the owner’s building in an a historic district or the owner’s landmark is in poor repair, and the HARC shall discuss with the owner ways to improve the condition or of the property. After this step, the HARC may request the City Building Inspector Chief Building Official to take action to require correction of defects in any building designated under this section so that the building shall be preserved in accordance with the purposes of this section. (3) Enforcement of safety standards. Nothing in this section shall be construed to prevent the City Building Inspector Chief Building Official from enforcing all State statutes and provisions of this Code and any other ordinances of the City pertaining to the public safety. (m) (l) Appeals. Any person aggrieved by any action of the HARC may appeal the decision thereof to the Circuit Court in the manner prescribed for appeals from actions of Boards of Adjustment. SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 5. Effective Date. 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 by the City Clerk, ____________________________________ Published by The Paducah Sun, _________________________________ ord\126-115 Historical Zones, H-1 and H-2 TEXT AMENDMENT PADUCAH BOARD OF COMMISSIONERST PROCEDURAL NOTE Zoning text amendments are first heard before the Paducah Planning Commission at a public hearing, pursuant to KRS 100.211 (2). The Planning Commission made a positive recommendation to the Board of Commissioners at the March 15, 2021 meeting. CASE NO.TXT2021-030 TITLE H-1 and H-2 Historic Zones SECTIONS Section 126-115. Historical zones, H-1 and H-2 (a) Use provisions for Historical-Commercial Zone, H-1 (b) Use provisions for Historical Neighborhood Zone, H-2 (c) Standards for determining historical integrity (f) Powers and duties of HARC (h) Application for a Certificate of Appropriateness (i) Informal discussion regarding Certificate of Appropriateness (j) Public hearing on Certificate of Appropriateness (k) Grounds for granting certificates of appropriateness (l) Maintenance and safety standards (m) Appeals DESCRIPTION Text change to provide for: Standardization of verbiage in the H-1 Zone Remove screening requirements as the stated section no longer exists and screening does not apply to the H-1 Zone. Allow multi-family dwellings as a conditional use in the H-2 Zone. The proposed square footage of lot required is 3,000 square feet per unit. A stipulation is also not to allow existing single-family or two-family dwellings to be subdivided into smaller apartments. The goal is to maintain housing stock and the integrity of Paducah’s historic homes. Standardization and removal of redundant principal permitted uses. Standardize the dimensional requirements to reflect how they are reflected in most other zones. Enumerate standards for determining historical integrity that were supposed to have been stand-along standards as opposed to being combined for clarity. Remove the requirement for a mandatory informal meeting with Petitioners STAFF REPORT (continued) page 2 of 7 CONSIDERATIONS Section 126-115 pertains to the H-1 Historical Commercial Zone, which is around Market House Square and the 100 block of Broadway between South Water Street and Maiden Alley. This section also pertains to the H-2 Historic Neighborhood Zone, colloquially known as Lowertown. This text amendment is intended to remove screening requirements from the H-1 zone. This zone is part of the dense urban core. Screening requirements are applied when a business or industrial zone abuts a residential zone. The redundancy of principal permitted uses is proposed to be removed. Uses already allowed under the R-4 High Density Residential zone and types of retail uses are proposed to be removed for simplicity. Multi-family uses are proposed to be reintroduced to the H-2 zone. However, instead of being principal permitted uses as they were until approximately 2009, they are proposed to be treated as conditional uses in order to provide protections to the historic neighborhood. A conditional use first goes to the Paducah Planning Commission for a recommendation. Then the recommendation is forwarded to the Historical Architecture Review Commission (HARC); wherein a public hearing is held. A further proposed stipulation is not to allow existing historic single and two-family dwellings to be further subdivided into smaller apartment units. This provision is intended to protect the housing stock of the H-2 zone. The dimensional requirements for the H-2 zone are proposed to be aligned with the residential zones in appearance and verbiage for overall zoning ordinance standardization. The standards for determining historical integrity have been enumerated to reflect items intended to be stand-alone items. Standards four and six are currently juxtaposed to standards three and four. As currently written, the Zoning Ordinance stipulates an informal meeting with the HARC, followed by a formal meeting. Since the HARC meets the second Monday of the month, a petitioner would have to wait a full month before going to the HARC again. In the past, petitioners have appeared informally before the HARC as needed under “other business” on the agenda. This usually happens when a new material or major addition is proposed that could be determined to be outside for the materials deemed appropriate for the H-2 zone. If a material or addition meets the standards set forth in the allowable materials list, the HARC can discuss and approve with just one meeting. Petitioners that have questions can still engage the HARC if they wish by requesting to be placed on the agenda for discussion. TEXT AMENDMENT The proposed amendment is as follows: Sec. 126-115. Historical zones, H-1 and H-2. STAFF REPORT (continued) page 3 of 7 (a)Use provisions for Historical-Commercial Zone, H-1. The purpose of the H-1 Historical- Commercial Zone zone is to encourage the development, redevelopment and the preservation of the City's historical-commercial area. (1)Principal permitted uses. (2)Minimum yard requirements. None. (3)Minimum area requirements. None. (4)Minimum building height. None. (5)Screening requirements. Same as section 62-62. (6) (5) Parking requirements. None. (b)Use provisions for Historical Neighborhood Zone, H-2. The purpose of the H-2 zone is to encourage the development, redevelopment and preservation of the City's historic neighborhood areas. (1) Principal permitted uses. a. Any principal use permitted in an R-4 zone; except multi-family dwellings shall be conditional uses; b. Funeral homes; c. Beauty shops and barbershops; d. Florist shops; e.d. Assembly building of cultural, fraternal, professional and labor organizations; f. Antique shops; g.e. Restaurants; h.f. Retail establishments, provided they are conducted wholly within a building except for off-street loading and unloading, and provided further that product processing is not allowed on the premises; i. Real estate agencies; j. Insurance agencies; k.Dressmaker's establishment Tailor shop; and l.g. Any similar use which the HARC finds, based upon evidence at a public hearing, that would not impair the historical integrity of the historical neighborhood Historical Neighborhood zone. 2. Conditionally Permitted Uses a. Lodging Houses b. Multi-family dwellings. Existing single-family or two-family dwellings more than fifty (50) years old shall not be subdivided into smaller dwelling units regardless of lot size. 3. Dimensional requirements. a. Minimum lot area: STAFF REPORT (continued) page 4 of 7 1. Single-family dwelling: Four thousand (4,000) square feet. 2.Two (2)-Family Two-family dwellings: Four thousand (4,000) square feet per unit. 3. Multi-family dwellings: Three thousand (3,000) square feet per unit. b.Minimum side yard: Six (6) feet. Front yard: Twenty-five (25) feet. c.Minimum front yard: Twenty-five (25) feet. Side yard: Six (6) feet. d.Minimum rear Rear yard: Twenty-five (25) feet. e. Maximum building height is thirty-five (35) feet or no higher than two (2) feet taller than the tallest principal building on either side of the proposed new construction. (4)Screening requirements. Same as provided in section 126-72 126-83. For the purposes of screening between the H-2 zone and all adjoining zones, the H-2 zone shall be treated as residential property under section 126-72. (5)Parking requirements. Same as provided in section 126-71, provided that parking areas will be placed to the rear of behind the rear line of the principal structure upon any lot unless the HARC shall find, upon evidence at a public hearing, that the waiver of this provision shall only minimally affect the historical integrity of the neighborhood this zone. (6)Waiver of lot requirements. The requirements section 126-64 (b) and (c) may be waived by the HARC, upon a finding based on evidence at a public hearing that such waiver will not impair the historical integrity of the neighborhood this zone. (7) Reserved. (c)Standards for determining historical integrity. The criteria to be applied in determining the existence of historical integrity as that phrase is used in this section shall be: (1) (2) (3)That the proposed action is in conformity with at least a majority of the applicable guidelines for exterior features promulgated by the Secretary of the Interior of the United States in the publication "Standards of Rehabilitation" (January 1990 Revision: GPO 230 394), as amended from time to time, and as set forth in any subsequent edition of this publication. The proposed action is not addressed in the Standards of Rehabilitation. (4) The proposed action is not addressed in the Standards of Rehabilitation. (4) (5) That those portions of the affected real estate which are ordinarily visible from any public roadway within the zone are characteristic in appearance to architectural styles, materials and color shown by the evidence to have been prevalent in Paducah prior to 1940 or at the date of original construction of the structure, whichever date is earlier. The proposed new construction complies with the HARC Advisory Design Guidelines and a majority of the Secretary Standards of Rehabilitation. (6) The proposed new construction complies with the HARC Advisory Design Guidelines and a majority of the Secretary Standards of Rehabilitation. (d)Historical and Architectural Review Commission (HARC) established. STAFF REPORT (continued) page 5 of 7 (e)Membership of HARC. (f)Powers and duties of HARC. (1)General powers and duties. The HARC is invested with the following powers and duties: a-c d. The HARC is authorized and empowered to grant certificates of appropriateness Certificates of Appropriateness. e-i j. The HARC shall make recommendations for the designation of local historic districts, landmarks and landmark sites. k. The HARC may adopt additional guidelines for the protection of historic district districts, landmarks and landmark sites. l-n (2)Designation of historic districts, landmarks and landmark sites. a. Consideration of the designation of a historic district or a landmark and landmark site may be originated by the HARC, or by the filing of an application for designation by a property owner, any resident of the City or any organization in the City. An application shall be filed with the HARC in such form and accompanied by such information as required by this section and the rules of the HARC. A person or organization proposing a designation shall give the HARC the names and addresses of the owners of the affected property and the owners of all adjoining property and property across the street as listed on the tax rolls of the City. The HARC shall promptly notify these owners by certified mail that the property is under consideration for designation and that a public hearing is being held on the proposed designation by the HARC. Written notice shall be considered sufficient when it is mailed to the person at the address listed on the tax rolls of the City or when it is mailed to the last known address of that person. b. c. A historic district or landmark shall qualify for designation when it meets one (1) or more of the following criteria, which shall be discussed in a report by the HARC to the Planning Commission. The purpose of the designation of a landmark is to encourage the preservation, rehabilitation and use of these buildings. Each designation of a landmark shall include the designation of a landmark site, which shall consist of the land on which the landmark and related buildings and structures are located and the land that provides the grounds or the setting for the landmark. A historic district or landmark shall be designated because of: 1. Its value as a reminder of the cultural or archeological heritage of the City, State or nation Nation; 2. Its location as a site of a significant local, State or national event; 3. Its identification with a person or persons who significantly contributed to the development of the City, State or nation Nation; 4-7 d-g STAFF REPORT (continued) page 6 of 7 (3)Nominations to the National Register of Historic Places. a. b. If either or both the Mayor and the HARC recommend that a property should be nominated, the nomination will receive a preliminary review by the Kentucky Historic Preservation Review Board. The Review Board shall make a recommendation to the State Historic Preservation Officer, who decides whether to forward the nomination to the U.S. Secretary of the Interior, who shall make the decision on listing the property on the National Register. The Mayor, the HARC or the property owner may appeal the final decision by the State historic preservation officer Historic Preservation Officer. (g)Certificate of Appropriateness required for changes in exterior appearance. (1)Generally. (h)Application for Certificate of Appropriateness. (1) Before the commencement of any work for which a Certificate of Appropriateness is required as hereinbefore provided, an application to the HARC therefor shall be made by the owner and filed in the office of Planning and Zoning the Department of Planning office. (2) (i) Informal discussion regarding Certificate of Appropriateness. (1) Upon the submission of an application for a Certificate of Appropriateness, the same shall be placed upon the agenda for the next meeting of the HARC for which the agenda has not, under the rules of the HARC, been completed, and the applicant shall be advised by the office of Planning and Zoning of the date, time and place of that meeting. (2) At that meeting an informal discussion of the application will be held and the members of the HARC may make suggestions for alterations of the proposal to more nearly comply with the terms of this section. Also, at the initial meeting, the HARC shall set a date, time and place in the reasonably near future for a public meeting. (j) (i)Public hearing on Certificate of Appropriateness. (1)Action by HARC. The HARC shall hold a public hearing on each application for a Certificate of Appropriateness submitted to it, after notice is given in the same manner as for hearing before the City Planning Commission a hearing before the Board of Adjustment. The HARC may: a-d (2)Time limit; findings of fact. (k)(j) Grounds for granting certificates of appropriateness a Certificate of Appropriateness. (1)Additive changes. (2)Changes by removal. (3)Routine alterations. The following list of routine alterations can be issued a Certificate of Appropriateness by the Chairman of HARC without the necessity of a public hearing. The Zoning Administrator will make the determination if the alteration is routine and requires a public hearing. If the proposed change is not listed in this subsection, then the formal application process with a public hearing is required. If the Chairman of HARC elects not to sign the Certificate of STAFF REPORT (continued) page 7 of 7 Appropriateness for the routine alteration, then the application shall be forwarded to the Board Commission and go through the formal application process with a public hearing. a-c (l) (k) Maintenance and safety standards. (1)Ordinary maintenance and repair permitted. (2)Maintenance required; correction of defects. a. b. The HARC shall request a meeting with a property owner when the owner’s building in an a historic district or the owner’s landmark is in poor repair, and the HARC shall discuss with the owner ways to improve the condition or of the property. After this step, the HARC may request the City Building Inspector Chief Building Official to take action to require correction of defects in any building designated under this section so that the building shall be preserved in accordance with the purposes of this section. (3)Enforcement of safety standards. Nothing in this section shall be construed to prevent the City Building Inspector Chief Building Official from enforcing all State statutes and provisions of this Code and any other ordinances of the City pertaining to the public safety. (m) (l) Appeals. Any person aggrieved by any action of the HARC may appeal the decision thereof to the Circuit Court in the manner prescribed for appeals from actions of Boards of Adjustment. STAFF RECOMMENDATION Based upon the above, staff recommends the Board of Commissioners accept the Paducah Planning Commission’s positive recommendation and approve the text amendment of Section 126-115 Historical Zones, H-1 and H-2.