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HomeMy WebLinkAboutCCMPacket2021-10-26CITY COMMISSION MEETING AGENDA FOR OCTOBER 26, 2021 5:00 PM CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS NEW EMPLOYEE INTRODUCTIONS Police Officers Rachel Bertrand & Michael Foster; Firefighters Aaron Tuck, Jordan Bucher, James Stenberg, Jeremy King, Josh Bell; Code Enforcement Officer Matt Willett PROCLAMATION Homelessness and Hunger Awareness Month - Mike Muscarella, Anne Bidwell, Tommy Hollimon, Heidi Suhrheinrich & Heather Anderson PRESENTATION Check Presentation for Paducah Housing Authority Wifi Project - Mayor Bray MAYOR'S REMARKS 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 October 12, 2021 B.Receive & File Documents C.Personnel Actions D.Appointment of Dixie Lynn and Carla K. Berry to the Paducah Main Street Board E.Acceptance of the FY21 Edward Byrne Memorial Justice Assistance Grant (JAG) Program award in the amount of $12,325 - B LAIRD F.Approve Tyler Technologies ERP Contract Modification in the amount of $940 - M SMOLEN II. MUNICIPAL ORDER(S) A.Acceptance of a National Trust for Historic Preservation - African American Cultural Heritage Action Fund in the amount of $55,000 on behalf of the Hotel Metropolitan - N HUTCHISON B.Approve Agreement with PFGW for the Architectural Design for the Robert Cherry Civic Center Renovation Project in an amount of $66,500 plus reimbursable expenses - D JORDAN III. ORDINANCE(S) - ADOPTION A. Approve Condemnation and Acquisition of a Permanent Utility Easement and Temporary Construction Easement for Paducah Water - J PETERSEN IV. ORDINANCE(S) - INTRODUCTION A.Approve Contract Modification to Construction Contract with Pace Contracting, LLC. for the Paducah Floodwall Pump Station #2 Project in the amount of $405,536.35 - R MURPHY B.Approve the Closing of Vermont Street extending southeast of 321 & 322 Vermont Street Between 1401 Elmdale Road And 500 Ridgewood Street - R MURPHY C.Approve the Closing of an Alley Extending southeast of Executive Boulevard between 501 North 3rd Street and 514 & 520 North Loop Road - R MURPHY V. DISCUSSION A.Commission Priorities Updates - M SMOLEN B.FY2021 Financial Overview - 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 October 12, 2021 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, October 12, 2021, at 5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Pro Tem Sandra Wilson presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Guess, Henderson, Mayor Pro Tem Wilson (3). Commissioner Gault and Mayor Bray were absent. INVOCATION: Commissioner Henderson led the invocation. PLEDGE OF ALLEGIANCE Mayor Pro Tem Wilson led the pledge. PROCLAMATION Communications Manager Pam Spencer offered the following summary: National Arts and Humanities Month Proclamation “Mayor Pro Tem Sandra Wilson presented a proclamation for National Arts and Humanities Month to Cindy Ragland with the Creative & Cultural Council and Mary Hammond with the Paducah Convention & Visitors Bureau. Below are a few points outlined in the proclamation: The coronavirus has had a devastating impact on America’s arts sector with 99% of producing and presenting organizations having canceled events and artists being severely affected. The arts and humanities have led us through pandemic by lifting our spirits, unifying communities, and jumpstarting the economy. The nation is full of art, culture, and creativity with 120,000 nonprofit arts organizations, the National Endowment for the Arts, the National Endowment for the Humanities, the nation’s 4,500 local arts agencies, and the arts and humanities councils of the 50 states and the six U.S. jurisdictions. The nation’s arts and culture sector is nearly a $920 billion industry that supports 5.2 million jobs. Every attendee to an arts event spends on average $31.47 per person, per event, beyond the cost of admission on items such as meals, parking, and lodging—a vital income source for local businesses. The arts and humanities are a cornerstone of cultural tourism and quality of life in Paducah, Kentucky — a UNESCO Creative City.” PRESENTATION Communications Manager Pam Spencer offered the following summary: McCracken County Emergency Operations Plan Presentation “McCracken County Emergency Management Director Rob Estes provided an overview of the County’s Emergency Operations Plan. Estes explained that his department is tasked with the prevention, protection, response, recovery, and mitigation for all disasters in Paducah and McCracken County. The plan, which is updated annually, provides the structure and processes that would be used in disaster response and recovery.” October 12, 2021 CONSENT AGENDA Mayor Pro Tem Wilson asked if the Board wanted any items on the Consent Agenda removed for separate consideration. Mayor Pro Tem Wilson asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for the September 28, 2021 Paducah Board of Commissioners Meeting I(B) Receive and File Documents: Minutes File: 1. McCracken County Emergency Operations Plan – September 2021 and Executive Order signed by Mayor Bray 9-29-2021 Deed File: 1. Deed of Conveyance – City of Paducah to Paducah-McCracken County Habitat For Humanity – 2011 Guthrie Avenue – MO #2479 2. Deed of Conveyance – City of Paducah to Paducah-McCracken County Habitat For Humanity –513 North 14th Street – MO #2480 Contract File: 1. Contract For Services – Paducah Quilt Murals, Inc. – CM Signed Financials File: 1. Paducah Water Works – Month Ending August 31, 2021 I(C) Personnel Actions I(D) A MUNICIPAL ORDER AUTHORIZING THE PURCHASE ONE (1) KNUCKLE BOOM TRUCK FROM TAG TRUCK CENTER IN AN AMOUNT OF $155,793 FOR UTILIZATION BY THE PUBLIC WORKS DEPARTMENT (MO #2511) I(E) A MUNICIPAL ORDER AUTHORIZING THE PURCHASE ONE (1) WINDROW TURNER FROM SCARAB INTERNATIONAL IN AN AMOUNT OF $389,000 FOR UTILIZATION BY THE PUBLIC WORKS DEPARTMENT (MO #2512) I(F) A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF ROLL-OUT CONTAINERS, LIDS AND ADDITIONAL REPLACEMENT PARTS FROM TOTER, INC., IN AN AMOUNT NOT TO EXCEED $140,000 FOR THE PUBLIC WORKS SOLID WASTE DIVISION (MO #2513) I(G) A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF A GLOBAL POSITIONING SYSTEM FROM ROUTEWARE, INC., IN AN AMOUNT NOT TO EXCEED $166,930 FOR THE PUBLIC WORKS SOLID WASTE DIVISION (MO #2514) Commissioner Guess offered Motion, seconded by Commissioner Henderson that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Guess, Henderson, and Mayor Pro Tem Wilson (3). October 12, 2021 ORDINANCE ADOPTION(S) NEW LEASE AGREEMENT WITH SEAMEN’S CHURCH INSTITUTE OF NEW YORK AND NEW JERSEY Commissioner Henderson, offered motion, seconded by Commissioner Guess, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING AND APPROVING A NEW LEASE AGREEMENT WITH SEAMEN’S CHURCH INSTITUTE OF NEW YORK AND NEW JERSEY.” This Ordinance is summarized as follows: That the Mayor is hereby authorized and directed to execute a renewed Lease Agreement between the City of Paducah and Seamen’s Church Institute of New York and New Jersey, for lease by Seamen’s of property located at 117 South First Street in the City of Paducah, McCracken County, Kentucky. Adopted on call of the roll yeas, Commissioners Guess, Henderson, and Mayor Pro Tem Wilson (3). ORD 2021-10-8708 APPROVE CONTRACT MODIFICATION TO PROFESSIONAL SERVICES CONTRACT WITH HDR, INC. FOR THE PADUCAH FLOODWALL PUMP STATION #2 PROJECT IN THE AMOUNT OF $55,315 Commissioner Guess, offered motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PADUCAH KENTUCKY, APPROVING A THIRD AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT FOR ENGINEERING SERVICES FOR FLOOD CONTROL PUMP STATION #2 WITH HDR ENGINEERING, INC. TO REFLECT AN EXPANDED CONSTRUCTION ADMINISTRATION AND INSPECTION SCOPE AND TO INCREASE THE AGREEMENT IN AN AMOUNT OF $55,315 AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME.” This Ordinance is summarized as follows: This Ordinance approves and authorizes the execution on behalf of the City of the Third Amendment to the Professional Engineering Services Agreement with HDR Engineering, Inc., relating to the expansion of the scope of services to be rendered by HDR Engineering, Inc., in connection with the design, construction administration, inspection services of Flood Control Pump Station # 2 as required by the U.S. Department of the Army. This Third Amendment increases the Agreement in an amount not to exceed $55,315 for a total Agreement cost of $494,977. Adopted on call of the roll yeas, Commissioners Guess, Henderson, and Mayor Pro Tem Wilson (3). ORD 2021-10-8709 ORDINANCE INTRODUCTION APPROVE CONDEMNATION AND ACQUISITION OF PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR PADUCAH WATER October 12, 2021 Commissioner Henderson, offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE DEEMING IT NECESSARY TO CONDEMN AND ACQUIRE FOR PUBLIC PURPOSES A CERTAIN PERMANENT UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS THE REAL PROPERTY OF PROREALESTATE, LLC, FOR THE EXTENSION, CONSTRUCTION, MAINTENANCE, AND OPERATION OF THE MUNICIPAL WATER SYSTEM BY PADUCAH WATER AND AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF SUCH EASEMENTS.” This Ordinance is summarized as follows: This Ordinance authorizes the acquisition of a certain permanent utility easement and a temporary construction easement across two adjacent parcel(s) of real property owned by ProRealEstate, LLC pursuant to the Eminent Domain Act of Kentucky for the use and benefit of Paducah Water. Said easement is for the extension, construction, erection, maintenance, and operation of the sixteen (16) inch water main which will run from the Cairo Road Pump Station to the Cairo Road Elevated Storage Tank and the northwestern portion of Paducah Water’s Service Area. Further, this ordinance authorizes the institution of condemnation proceedings in the McCracken Circuit Court in the name of the City for the use and benefit of Paducah Water against the Owner and all other parties of interest, to acquire the Easements across the Real Property of Owner. ADJOURN Commissioner Guess offered motion, seconded by Commissioner Henderson, to adjourn the meeting of the Paducah Board of Commissioners. All in favor. TIME ADJOURNED: 5:19 p.m. ADOPTED: October 26, 2021 ______________________________ George P. Bray, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk October 26, 2021 RECEIVE AND FILE DOCUMENTS: Contract File: 1. SESAC Music Performance License – Signed by CM 2. Merger of the West McCracken Water District and Paducah Water Systems – MO #2489 3. Memorandum of Understanding with the McCracken County Fiscal Court & Sports Tourism Commission – Paducah McCracken County Athletic Complex – MO #2490 4. Memorandum of Understanding with McCracken County – E-911 Partnership Foundation – MO #2491 5. Fleet Maintenance Service Agreement – Ledbetter Fire Department – MO #2500 6. Delta Dental of Kentucky – MO #2501 7. Strategic Health Risk Advisor & Strategic Benefit Placement Services with Peel & Holland – MO #2502 8. Administrative Services and Stop Loss Insurance with Anthem Blue Cross Blue Shield – MO #2503 9. Emergency Roof Grant for 619 Broadway – MO #2508 10. CWSRF Loan Assistance Agreement – Pump Station #2 - $750,000 Increase – MO #2510 11. Purchase of Windrow Turner – Compost Facility – MO #2512 12. Contract with Jim Smith Contracting – Floodwall Seal Closure – ORD 2021-07-8695 13. Contract with Jim Smith Contracting – Floodwall Flapgate Replacement – ORD 2021-07-8696 14. Contract Modification – BFW – Buckner Lane Bridge Replacement Project – ORD 2021-09-8703 15. Contract Modification – BFW – South 24th South 25th Street Improvement Project – ORD 2021-09-8704 16. Contract Modification – BFW – BUILD Grant Environmental Assessment – ORD 2021-09-8705 17. Construction Contract with Wilkins Construction – Riverfront Park Land Mass Scour Project – ORD 2021-09-8706 18. Lease Agreement – Seamen’s Church Institute – ORD 2021-10-8708 19. Amendment #4 – Agreement For Professional Engineering Services – Flood Pump Stations #2 and #9 – HDR, Inc - $55,315 – ORD 2021-10-8709 Financials File: 1. Paducah Water Works – Financial Statements – years ended 6-30-2021 and 2020 Bids File: 1. Purchase of Knuckle Boom Truck for Public Works Refuse Department – MO #2511 a. Tag Truck Center (only bid received – State Contract) 2. Purchase of Windrow Turner for Compost Yard – Public Works – MO #2512 a. Scarab International (Chosen Bid) b. Eco Verse CITY OF PADUCAH October 26, 2021 Upon the recommendation of the City Manager's Office, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. Michelle Smolen City Manager's Office Signature 10/21/2021 Date CITY OF PADUCAH PERSONNEL ACTIONS NEW HIRES - FULL-TIME (F/T) E911 POSITION RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Cordero, Lisbeth Telecommunicator $17.49/hr NCS Non-Ex November 4, 2021 PARKS & RECREATION Marsden, Jared Assistant Director of Parks $37.50/hr NCS Ex November 18, 2021 Davidson, Suzanne Assistant Director of Recreation $37.50/hr NCS Ex December 2, 2021 PUBLIC WORKS Elrod, Logan ROW Maintenance $18.72/hr NCS Non-Ex October 14, 2021 Stubblefield, Troy ROW Maintenance $18.72/hr NCS Non-Ex October 14, 2021 Smeathers, Quentin Truck Driver $20.19/hr NCS Non-Ex October 14, 2021 NEW HIRES - SEASONAL - PART-TIME (P/T) ADMINISTRATION POSITION RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Lott, Jessica GIS Specialist $55.00/hr NCS Non-Ex October 21, 2021 PARKS & RECREATION Crouch, Mary Park Ranger $11.00/hr NCS Non-Ex November 4, 2021 PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS - FULL-TIME (F/T) PREVIOUS POSITION CURRENT POSITION E911 AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Jones, Emilee Telecommunicator Telecommunicator NCS Non-Ex October 21, 2021 $17.49/hr $17.93/hr ADMINISTRATION Shaw, Emma ERP Manager ERP Manager NCS Ex July 1, 2021 $34.15/hr $35.18/hr PUBLIC WORKS Marshall, Christopher Laborer ROW Maintenance NCS Non-Ex October 28, 2021 $19.37/hr $20.80/hr PARKS & RECREATION POSITION REASON EFFECTIVE DATE Coulter, Marquis Parks Maintenance - Laborer Seasonal August 12, 2021 Abbage, Emanuel Parks Maintenance - Laborer Termination October 11, 2021 Conner, DeVonte Parks Maintenance - Laborer Termination October 11, 2021 PARKS & RECREATION POSITION REASON EFFECTIVE DATE McCuan, Tyler Cemetery Sexton Resignation October 11, 2021 October 26, 2021 TERMINATIONS - PART-TIME (P/T) TERMINATIONS - FULL-TIME (F/T) Agenda Action Form Paducah City Commission Meeting Date: October 26, 2021 Short Title: Acceptance of the FY21 Edward Byrne Memorial Justice Assistance Grant (JAG) Program award in the amount of $12,325 - B LAIRD Category: Municipal Order Staff Work By: Ty Wilson, Joseph Hayes Presentation By: Brian Laird Background Information: The Edward Byrne Memorial Justice Assistance Grant (JAG) is a federal formula grant funded by the U.S. Department of Justice. The City received notice of eligibility in October 2021, in the amount of $12,325, and was previously authorized by Municipal Order 2472 to apply for funding for the Paducah Police Department to purchase a speed radar trailer message board. The grant does not require a local match. The application also requires an Interlocal Agreement to be signed and approved by the City Commission and McCracken County Fiscal Court, ensuring neither entity has applied for Federal Funds for this project. The Interlocal Agreement will be sent to the Department for Local Government upon approval to accept this funding. 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 grant award documents. Attachments: 1.MO - acceptance FY2021 JAG – speed radar trailer 2.FY21 JAG award letter 3.ILA JAG 2021 (002) MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER ACCEPTING AN FY2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) IN THE AMOUNT OF $12,325, AND AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT FOR GRANT ADMINISTRATION AND ALL REQUIRED GRANT AWARD DOCUMENTS WHEREAS, the City of Paducah applied for an FY2021 Edward Byrne Memorial Justice Assistance Grant through the U.S. Department of Justice, adopted by Municipal Order No. 2472, on July 13, 2021; and WHEREAS, The U. S. Department of Justice has approved the application and is now ready to award this grant. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts grant funds in the amount of $12,325 to purchase a speed radar trailer message board. No local match is required. SECTION 2. That the City of Paducah hereby approves the execution of an Interlocal Agreement between the City of Paducah and the McCracken County Fiscal Court, in compliance with the requirements of the FY2021 Justice Accountability Grant (JAG) application and authorizes the Mayor to execute the Interlocal Agreement. And all required grant award documents with the U. S. Department of Justice Department. 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 October 26, 2021 Recorded by Lindsay Parish, City Clerk, October 26, 2021 \mo\grants\acceptance FY2021 JAG – speed radar trailer October 8, 2021 Dear George Bray, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by PADUCAH, CITY OF for an award under the funding opportunity entitled 2021 BJA FY 21 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $12,325. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General Office for Civil Rights Notice for All Recipients Award Letter :Funded Award https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpD... 1 of 3 10/13/2021, 10:33 AM The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding /Explore/LegalOverview/CivilRightsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA NEPA Letter Type OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Jusce Assistance Grant Program (JAG) allows states and local governments to support a broad range of acvies to prevent and control crime and to improve the criminal jusce system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a Funded Award https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpD... 2 of 3 10/13/2021, 10:33 AM subgrantee or third party. Accordingly, prior to obligang funds for any of the specied acvies, the grantee must rst determine if any of the specied acvies will be funded by the grant. The specied acvies requiring environmental analysis are: a. New construcon; b. Any renovaon or remodeling of a property located in an environmentally or historically sensive area, including properes located within a 100-year ood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for lisng on the Naonal Register of Historic Places; c. A renovaon, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) signicantly change its size; d. Implementaon of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded acvity and (b) tradionally used, for example, in oce, household, recreaonal, or educaon environments; and e. Implementaon of a program relang to clandesne methamphetamine laboratory operaons, including the idencaon, seizure, or closure of clandesne methamphetamine laboratories. Complying with NEPA may require the preparaon of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relang to methamphetamine laboratory operaons, the preparaon of a detailed Migaon Plan will be required. For more informaon about Migaon Plan requirements, please see hps://www.bja.gov /Funding/nepa.html. Please be sure to carefully review the grant condions on your award document, as it may contain more specic informaon about environmental compliance.NEPA Coordinator First Name Orbin Middle Name —— Last Name Terry Award Information: Project Information: Financial Information: Award Conditions: Award Acceptance: Funded Award https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpD... 3 of 3 10/13/2021, 10:33 AM INTERLOCAL AGREEMENT FOR ACCEPTANCE AND ADMINISTRATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG) AWARD THIS AGREEMENT, made and entered into on this day of , 2021 herein below, as evidenced by the dates executed by the parties, with an effective date of , 2021, by and between the City of Paducah, Kentucky, a municipality and political subdivision validly existing under the constitution, statutes, and laws of the Commonwealth of Kentucky, acting by and through its duly authorized Mayor, hereinafter called "City"; and the County of McCracken, a County and political subdivision validly existing under the constitution, statutes, and laws of the Commonwealth of Kentucky, hereinafter called "County". WITNESSETH: WHEREAS, the governing bodies of the City and County pursuant to the Kentucky Revised Statutes, Section 65.210 et seq., have the power to enter into agreements in order to provide for the use of property on the basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and, WHEREAS, the City and County have previously determined, and hereby further determine, that all parties are in need of a U.S. Bureau of Justice Edward Byrne JAG Award, as defined herein; and, WHEREAS, the governing bodies of the City and County hereby determine that it is in the best interests of the citizens and residents of McCracken County that these entities enter into this Agreement to accept and administer a JAG Award in the amount of $12,325 offered by the U.S. Bureau of Justice; and, WHEREAS, the execution, delivery, and performance of this Agreement have been authorized, approved, and directed by the governing bodies of the City and County by an ordinance or resolution formally passed and adopted by the governing bodies of the City and County. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: ARTICLE I: PURPOSE FOR THIS AGREEMENT It is necessary for the efficient and consistent administration of the $12,325 allocated in the 2021 JAG Award that the individual, specific, and special needs of each of the parties here to be considered and that the award be used in a manner that best responds to the needs of those parties and the general public. ARTICLE II: DEFINITIONS All words and phrases will have the meanings specified below unless the context clearly requires otherwise. "Agreement" means this Interlocal Agreement Regarding Acceptance and Administration of an Edward Byrne Justice Assistance Grant (JAG) Award and any amendments or supplements hereto entered into in accordance with the provisions hereof, including the exhibits attached hereto. "City" means the City of Paducah, Kentucky, or any successor thereto acting by and through this Agreement "County" means the County of McCracken, Kentucky, or any successor thereto acting by and through this Agreement. "Fiscal Year" means the period from and including July 1 through and including the next June 30. "Term" means the term of this Agreement as determined pursuant to Article IV hereof. ARTICLE III: REPRESENTATIONS, COVENANTS AND WARRANTIES Section 3.1. Representations. Covenants and Warranties of the County. The County represents, covenants and warrants for the benefit of the remaining parties hereto as follows: (a) The County is a county and political subdivision, validity organized and existing in good standing under the laws of the Commonwealth of Kentucky, has full power and authority to enter into and perform its obligations under this Agreement, and has duly taken the necessary acts required prior to (including all required approvals) the execution and delivery of this Agreement. The County warrants this Agreement to be a valid, legal and binding obligation of the County, enforceable against it in accordance with its terms. (b) Neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions hereof conflicts with or results in a breach of the terms, conditions, or provisions of any restriction or any agreement or instrument to which the County is now a party or by which the County is bound, or constitutes a default under any of the foregoing, or conflicts with or results in a violation of any provision of law or regulation applicable to the County or results in the creation or imposition of any lien or encumbrance whatsoever upon the property or assets of the County or City (except for any purchase money security interests); and no representation, covenant and warranty herein is false, misleading or erroneous in any material respect. (c) To the best of County's knowledge and belief, there is no action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, public board or body, pending or known to be threatened against or affecting the County nor to the best of the knowledge of the County is there any basis therefore, wherein an unfavorable decision, ruling, or finding would materially and adversely affect the transactions contemplated by this Agreement or which would adversely affect, in any way, the validity or enforceability of this Agreement or any material agreement or instrument to which the County is a party, used or contemplated for use in the consummation of the transactions contemplated hereby, or the authority or ability of the County to perform its obligations hereunder or thereunder. (d) The Project is in furtherance of the County's governmental purposes, serves a public purpose and is in the best interests of the residents of the County and at the time of the execution and delivery of the Agreement, the County intends to annually appropriate its share of funding for the project as set forth in Articles V and VI. Section 3.2. Representations. Covenants and Warranties of City. The City represents, covenants and warrants for the benefit of the remaining parties hereto as follows: (a) The City is a municipality and political subdivision, validity organized and existing in good standing under the laws of the Commonwealth of Kentucky, has full power and authority to enter into and to perform its obligations under this Agreement, and has duly taken the necessary acts required prior to (including all required approvals) the execution and delivery of this Agreement. The City warrants this Agreement to be a valid, legal and binding obligation of the City, enforceable against the City in accordance with its terms. (b) Neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions hereof conflicts with or results in a breach of the terms, conditions, or provisions of any restriction or any agreement or instrument to which the City is now a party or by which the City is bound, or constitutes a default under any of the foregoing, or conflicts with or results in a violation of any provision of law or regulation applicable to the City or results in the creation or imposition of any lien or encumbrance whatsoever upon the property or assets of the County or City (except for any purchase money security interests); and no representation, covenant and warranty herein is false, misleading or erroneous in any material respect. (c) To the best of City's knowledge and belief, there is no action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, public board or body, pending or known to be threatened against or affecting the City nor to the best of the knowledge of the City is there any basis therefore, wherein an unfavorable decision, ruling, or funding would materially and adversely affect the transactions contemplated by this Agreement or which would adversely affect, in any way, the validity or enforceability of this Agreement or any material agreement or instrument to which the City is a party, used or contemplated for use in the consummation of the transactions contemplated hereby, or the authority or ability of the City to perform its obligations hereunder or thereunder. (d) The acquisition, construction, and installation of the Project, under the terms and conditions set forth in this Agreement, are in furtherance of the City's governmental purposes, serve a public purpose and are in the best interests of the residents of the City and at the time of the execution and delivery of the Agreement, the City intends to annually appropriate its share of funding for the project as set forth in Articles V and VI. ARTICLE IV: TERM Section 4.1. Duration of Agreement Term: Right to Terminate. The term of this Agreement shall be that of the JAG Award, a one (1) year period beginning October 1, 2021, and ending September 30, 2021 unless terminated by any party hereto. Any party hereto shall have the right to terminate this Agreement by giving notice, in writing, to the other parties no less than sixty (60) days prior to the termination date sought. The voluntary withdrawal and termination of any party shall not terminate this agreement as to the other parties, provided, however, that the withdrawing party shall have no further duties or obligations or be entitled to benefits, therefrom, following the effective date of withdrawal and termination. ARTICLE V: ALLOCATION OF FUNDING Section: 5.1. The City and the County agree to allow the City of Paducah to receive and administer 100% of the 2021 JAG award allocation in the amount of $12,325 on behalf of the Paducah Police Department to be used exclusively for the purchase of grant-allowable items of equipment. The City shall make all purchases, file quarterly narrative and fiscal reports and other reports as necessary including the final close out report. ARTICLE VI: ADMINISTRATION Section: 6.1. The City and the County agree that the City shall administer the FY2021 JAG Award and act as the lead agency, fiscal agent, and primary administrator. As such the City shall make all equipment purchases, seek JAG Award funding reimbursements, file quarterly narrative, fiscal reports and other reports as necessary including the final close out report ARTICLE VII: ASSIGNMENT Section: 7.1. Assignment. This Agreement may not be assigned by any party without the prior written consent of the remaining parties hereto. ARTICLE VIII. MISCELLANEOUS Section: 8.1. Notices. All notices, certificates, requests or other communications hereunder will be sufficiently given and will be in writing and mailed (postage prepaid, and certified or registered with return receipt requested) or delivered (including delivery by courier services) as follows City: City of Paducah Attn: Mayor or City Manager 300 South 5th Street P.O. BOX 2267 Paducah, KY 42002-2267 County: County of McCracken Attn: County Judge Executive McCracken County Courthouse 301 South 6th Street, Suite 4 Paducah, KY 42003-1797 Any of the foregoing may, by notice given hereunder to the other, designate any further or different addresses to which subsequent notices, certificates, requests or other communications will be sent hereunder. All notices, certificates, requests and other communications pursuant to this Agreement will be effective when received (if given by mail) or when delivered (if given by delivery). Further, in the event of a change in personnel to any party/officer hereto, the presumption shall be that, unless the other parties are notified, in writing, the successor to that position shall be the authorized representative and shall be bound by this Agreement. Section: 8.2. Amendment & Changes and Modifications. Except as specifically provided in this Agreement, this Agreement may not be amended, changed, modified or altered, or any provision hereof waived, without the written consent of all parties hereto. Section:8.3. Severability. In the event that any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof. Section: 8.4. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which will constitute but one and the same instrument. Section: 8.5. Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Section:8.6. Captions. The captions or headings herein are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. Section: 8.7. Binding Effect. This Agreement will inure to the benefit of and will be binding upon the parties hereto and their respective successors and assigns (including, without limitation, security assigns), subject, however, to the limitations contained in this Agreement. Section: 8.8. Entire Agreement. This Agreement and all exhibits attached hereto shall constitute the entire agreement of the parties hereto and any prior agreement of the parties hereto relating to the Project, whether written or oral, is merged herein and shall be of no separate force and effect. Section: 8.9 Mutual Negotiation. This Agreement and the language contained herein have been arrived at by the mutual negotiation of the parties. Accordingly, no provision hereof shall be construed against one party in favor of another party merely by reason of draftsmanship. Section: 8.10 Waiver. No action or failure to act by one or more of the parties hereto shall constitute a waiver of a right or duty afforded it/him under the contract, nor shall such action or failure to act constitute approval or acquiescence of or in a breach hereunder. IN WITNESS WHEREOF, the parties have executed the Agreement by and through their duly authorized representatives as of the day and year first above written. CITY OF PADUCAH, KENTUCKY By:________________________________________ Mayor George Bray Date executed:___ _ ATTEST: __________________________________ City Clerk Lindsay Parish Date executed:_______________________________ MCCRACKEN COUNTY, KENTUCKY By:________________________________________ Judge Executive Craig Z. Clymer Date executed:___ _ ATTEST: __________________________________ Fiscal Court Clerk Julie Griggs Date executed:_______________________________ Prepared by: ___________________________________ Joseph A. Hayes Captain/Grants Administrator Paducah Police Department 1400 Broadway Paducah, KY 42001 Agenda Action Form Paducah City Commission Meeting Date: October 26, 2021 Short Title: Approve Tyler Technologies ERP Contract Modification in the amount of $940 - M SMOLEN Category: Municipal Order Staff Work By: Michelle Smolen Presentation By: Michelle Smolen Background Information: Under Ordinance No. 2016-6-8373, the City of Paducah previously authorized a contract Tyler Technologies, Inc. for the initial cost and fees associated with the Enterprise Resource Planning software project. City staff recommend amending the contract through a change order to convert unused Human Resources/Payroll conversions into implementation hours. This is an increase to the contract of $940 which will be absorbed in the travel budget. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: ERP Software Project Account Number: EQ0022 Staff Recommendation: Authorize the Mayor to Execute the Tyler Technologies ERP Contract Amendment Change Order Attachments: 1.MO - contract-software-amendment-tyler 10-2021 2.Paducah, KY Amend 080421 MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH TYLER TECHNOLOGIES FOR THE LICENSE OF SOFTWARE AND THE PROCUREMENT OF RELATED PRODUCTS AND SERVICES WHEREAS, by Ordinance No. 2016-6-8373, the City and Tyler Technologies, Inc. executed a contract for Tyler to provide software and related products and services that will accommodate the City’s data processing needs; and WHEREAS, Ordinance No. 2018-6-8534 amended the contract to include 18 post implementation days from the initial RFP response to be shared across all six phases; and WHEREAS, Municipal Order No. 2142 amended the contract to allow for the $23,000 designated for conversions and forms to be used instead for 18 additional implementation days at a cost of $22,950; and WHEREAS, Municipal Order No. 2284 to amended the agreement with Tyler Technologies to remove certain services and to add services related to the implementation of Energov software; and WHEREAS, Municipal Order No. 2333 amended the agreement with Tyler Technologies to convert Codes & Permitting business process consulting costs to implementation days for the Energov implementation, remove the Property Tax Enhancement for tax bill installments and converting the budget to an additional property tax form and travel expenses, and change the Statement of Work dates for property tax, payroll & HR and work orders; and WHEREAS, Municipal Order No. 2352 amended the agreement with Tyler Technologies to allocate funds from the travel line to the custom programming related to property tax billing forms; and WHEREAS, Municipal Order No. 2432 amended the agreement with Tyler Technologies to remove $5,100 from the forms library, add $2,100 for 1.5 Energov implementation days, add $2,800 for customer contact information conversions, reallocate 2 Munis implementation days to 2 Energov implementation days, and reduce the Tyler contract amount by $200; and WHEREAS, the City of Paducah now desires to amend the agreement with Tyler Technologies to convert unused Human Resources/Payroll conversions into implementation hours for an increase to the contract in the amount of $940. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City Commission hereby approves an amendment to the contract with Tyler Technologies, Inc. in order to convert unused Human Resources/Payroll conversions into implementation hours for an increase to the contract in the amount of $940. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute the Amendment in behalf of the City. 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, October 26, 2021 Recorded by Lindsay Parish, City Clerk, October 26, 2021 \mo\contract-software-amendment-tyler 10-2021 1 AMENDMENT This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Paducah, with offices at 300 South 5 th Street/PO Box 2267, Paducah, Kentucky 42002 (“Client”). WHEREAS, Tyler and the Client are parties to an agreement dated June 15, 2016 (“Agreement”); and WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein. NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows: 1. The following unused conversions are hereby removed from the Agreement:  Payroll – Option 2 Accrual Balances, at a contract price of $1,500.00;  Payroll – Option 10 Certifications, at a contract price of $1,400.00;  Payroll – Option 1 Deductions, at a contract price of $1,800.00;  Payroll – Option 11 Education, at a contract price of $1,400.00;  Payroll – Option 8 Position Control, at a contract price of $1,400.00;  Payroll – Standard, at a contract price of $2,000.00;  Payroll – Option 7 Action History, at a contract price of $1,400.00;  Payroll – Option 5 Earning/Deduction History, at a contract price of $2,500.00;  Payroll – Option 4 Check History, at a contract price of $1,200.00. 2. Eighty-four (84) implementation hours, totaling $15,540.00 (at a rate of $185 per hour), are hereby added to the Agreement as set forth in the Investment Summary attached hereto as Exhibit 1. Services added to the Agreement pursuant to this Amendment, plus expenses, will be invoiced as provided and/or incurred. 3. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. 4. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. SIGNATURE PAGE FOLLOWS 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. Tyler Technologies, Inc. City of Paducah, KY By: By: Name: Name: Title: Title: Date: Date: Exhibit 1 3 Exhibit 1 Amendment Investment Summary The following Amendment Investment Summary details the software and services to be delivered by us to you under this Amendment. This Amendment Investment Summary is effective as of the Amendment Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event a comment in the following sales quotation conflicts with a provision of this Amendment, the provision in this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Agenda Action Form Paducah City Commission Meeting Date: October 26, 2021 Short Title: Acceptance of a National Trust for Historic Preservation - African American Cultural Heritage Action Fund in the amount of $55,000 on behalf of the Hotel Metropolitan - N HUTCHISON Category: Municipal Order Staff Work By: Nicholas Hutchison Presentation By: Nicholas Hutchison Background Information: Grants from the National Trust for Historic Preservation’s African American Cultural Heritage Action Fund are designed to advance ongoing preservation activities for historic places such as sites, museums, and landscapes representing African American cultural heritage. The fund supports work in four primary areas: capital projects, organizational capacity building, project planning, programming, and interpretation. Grants made from the African American Cultural Heritage Action fund range from $50,000 to $150,000. The National Trust has invested $4.3 million in 67 diverse preservation projects since creating the African American Cultural Heritage Action Fund grant program in 2017. The City of Paducah has been awarded $55,000 for repairs and renovations to the Hotel Metropolitans Purple Room. Since 1999, the Upper Town Heritage Foundation has worked to restore the Paducah landmark that opened in 1909 as the only lodging option for African Americans who were traveling through Paducah at the time. Some of the century’s most notable politicians, athletes, and musicians stayed at the hotel that is now a black history museum and community gathering space. The grant funds will pay for rehabilitating the Purple Room, which is an accessory building of the Hotel that was constructed during segregation for parties, community meetings and performances by various big bands that traveled through Paducah. Grant funds will help with ongoing electrical system updates, historic window restoration and ceiling repair. Matching funds are not required as part of the grant award. And project work has to be completed within one (1) year of an executed grant agreement. The City of Paducah adopted Municipal Order 2421 on January 12, 2021, approving the City to apply for the African American Cultural Heritage Action Fund Grant on behalf of the Hotel Metropolitan. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Hotel Metropolitan Historic Preservation Grant Account Number: MR0086 Staff Recommendation: Authorize and direct the Mayor to sign all required grant award documents Attachments: 1.MO - acceptance Metropolitan Hotel National Trust for Historic Preservation Grant 2.City of Paducah MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER ACCEPTING A NATIONAL TRUST FOR HISTORIC PRESERVATION – AFRICAN AMERICAN CULTURAL HERITAGE ACTION FUND GRANT IN THE AMOUNT OF $55,000 ON BEHALF OF THE HOTEL METROPOLITAN, AND AUTHORIZING THE MAYOR TO EXECUTE ALL REQUIRED GRANT AWARD DOCUMENTS WHEREAS, the City of Paducah on behalf of the Hotel Metropolitan, applied for an African American Cultural Heritage Action Fund grant through the National Trust For Historic Preservation adopted by Municipal Order No. 2421, on January 12, 2021; and WHEREAS, the National Trust has approved the application and is now ready to award this grant. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts grant funds in the amount of $55,000, which will assist the Hotel Metropolitan’s efforts to rehabilitate the “Purple Room,” including repairs to the electrical system, historic window restoration and ceiling repair. There are no matching funds required; however, the project work must be completed within one (1) year of the executed grant agreement. SECTION 2. That the City of Paducah hereby authorizes and directs the Mayor to execute all required grant award documents. 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 October 26, 2021 Recorded by Lindsay Parish, City Clerk, October 26, 2021 \mo\grants\acceptance Metropolitan Hotel National Trust for Historic Preservation Grant The Watergate Office Building 2600 Virginia Avenue NW Suite 1100 Washington, DC 20037 E info@savingplaces.org P 202.588.6000 F 202.588.6038 SavingPlaces.org September 30, 2021 Mr. Nic Hutchison City of Paducah 300 South 5th Street PO Box 2267 Paducah , KY 42002-2267 Re: National Trust African American Cultural Heritage Action Fund Grant Agreement (“Agreement”) Dear Mr. Hutchison: It is a pleasure to inform you that your application for an African American Cultural Heritage Action Fund (the “AACHAF”) grant has been approved by the National Trust for Historic Preservation (the “National Trust”). Grants from the AACHAF are designed to advance ongoing preservation activities for historic places representing Af rican American cultural heritage. The National Trust, a privately funded nonprofit organization, protects significant places representing our diverse cultural experience by taking direct action and inspiring broad public support. By signing this Agreement and accepting the funds, City of Paducah (the “Grantee”) agrees to abide by the terms and conditions set forth below. 1. Award and Budget. The National Trust approves an award of $55,000 (the “Grant Funds”) to the Grantee for Restoring the Purple Room - A Green Book Legacy Site (the “Project”) (the “Grant”): Restore the historic Purple Room at Hotel Metropolitan. Up to 15% of the Grant Funds may be used to cover costs for construction planning and construction documentation. The Grant Funds must be used exclusively for charitable purposes as described in Section 501(c)(3) of the Internal Revenue Code and only in support of the Project. Any changes to either the budget or use of Grant Funds as described in your application or above must be approved in advance in writing by the National Trust. The National Trust may assign a staff liaison to provide technical assistance to Grantee with the Project. 2. Term. The Project must be completed in one (1) year from the date of the first disbursement of Grant Funds from the National Trust (the “End Date”). Should any problems arise that would prevent you from completing the Project by the End Date, Grantee must submit a written request for an extension of this Agreement to the National Trust at least ten (10) days prior to the End Date. 3. Approval of Consultant/Contractor. The National Trust approves your selection of the consultant(s) or contractor(s) for this Project stated in your application. If 2 you have not yet selected a consultant or contractor, then Grantee agrees to obtain the National Trust’s prior written approval for any consultant or contractor paid with Grant Funds. Please submit the name of the selected consultant or contractor along with their CV or website via email to the National Trust as soon as selected. If the Grantee wishes to change consultants or contractors , the National Trust’s prior written approval is required. 4. Competitive Procurement Process . Grantee agrees that all procurement of goods and services for the Project shall be conducted in a manner that provides maximum open and free competition and consideration of minority and women -owned business enterprises. When a procu rement for the Project exceeds $50,000, the Grantee must seek and obtain at least three (3) competitive bids or quotes. (This applies to any procurement greater than $50,000 that is part of this Project, whether financed through National Trust funds or through the matching funds that make up the rest of the Project's approved budget.) Grantee must also maintain adequate procedures to ensure that the procurement of goods and services, including consultant and contractor services, do not present a conflict of interest. 5. Preservation Work. Any documents or plans for preservation work or capital (construction) work that relate to or result from the Project must conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties, as appropriate. 6. Grant Disbursements . Grant Funds will be disbursed as follows: Date/Phase Amount Following receipt by the National Trust of this fully executed Agreement 50% of the Grant Funds Upon completion of the Project and submission of the final report (as required by Paragraph 7(b)) Remaining Grant Funds 7. Reporting Requirements . a. Interim Report. Grantee agrees to submit an interim report when the Project is 50% complete. The interim report must describe the status of the Project and all expenditures made from Grant Funds and must report on Grantee’s compliance with the terms of this Agreement. b. Final Report. Within thirty (30) days of t he End Date, the Grantee agrees to submit to the National Trust a final report and financial accounting on the use of the Grant Funds, as well as any materials or reports created from the Grant. c. Submitting Reports . All reports must be submitted online in the same system used to submit the grant application. See the “Find Funding” section of our website (Forum.SavingPlaces.org /funding) for the link to that system. Extensions for 3 submission of reports may be approved by the National Trust only for extraordinary circumstances beyond the control of the Grantee. 8. License to Use Grant Materials. In accepting this Grant, the Grantee grants to the National Trust a non -exclusive, royalt y -free, perpetual, and transferable license to use, and to allow others to use, any and all application materials, reports, documents, photographs, or other materials funded by the Grant (the “Grant Materials”) along with the right to use the Grantee’s nam e and logo for non-profit, educational, and promotional purposes related to the National Trust and/or AACHAF. Grantee also agrees to allow the National Trust to take its own photographs or video recordings of the Project. The provisions of this paragraph s hall survive termination or expiration of this Agreement and remain in full force and effect . 9. Publicity and Acknowledgement of Grant Support. The National Trust will be making a public announcement of the ACCHAF grants. Prior to the National Trust’s public announcement, Grantee agrees not to make any announcement or release any information concerning the Grant or any matter relating to this Agreement without the advance written approval of the National Trust. After the National Trust’s public announcemen t, the National Trust must be listed as a supporter in any printed material and publicity releases and on the Grantee’s website . For your assistance, enclosed is a sample press release format for use in publicizing the Grant. Grantee shall give appropriat e acknowledgement of the National Trust's support for the Project in all materials resulting from or related to the Grant, such as articles, books, reports, films, radio programs, databases, web resources, convenings, events, and exhibitions, using the following statement: “This project was funded by a grant from the African American Cultural Heritage Action Fund of the National Trust for Historic Preservation.” 10. Additional Information; Recordkeeping . Grantee agrees to provide any other information and documents requested by the National Trust to describe the work on the Project and/or all expenditures of Grant Funds and to demonstrate the Grantee’s compliance with the terms of this Agreement. In addi tion, Grantee agrees to permit representatives of the National Trust, with reasonable notice, to inspect the Project. Grantee agrees to maintain complete books and records of revenues and expenditures relating to the Grant, together with appropriate suppor ting documentation, for at least four (4) years. Grantee agrees to make these books and records available for inspection at reasonable times if deemed necessary by the National Trust. 11. Representations and Warranties. Grantee represents and warrants that: a. it is a 501(c)(3) nonprofit corporation in good standing or a public agency; 4 b. if it has previously received financial assistance from the National Trust, all prior grant requirements were satisfied or are current as of the date of this Agreement; c. with respect to the Grant Materials, (i) Grantee is solely responsible for the creation of the Grant Materials; (ii) the Grant Materials are original and have never been published (except for material subject to copyright for which the Grantee has obtained perm ission to use); (iii) Grantee has not previously assigned, pledged, encumbered, or authorized their publication in a manner than conflicts with this Agreement; (iv) the use of the Grant Materials will not infringe upon any copyright, trademark, or other proprietary rights, violate any right of privacy, or contain libelous material; and (v) the Grant Materials contain only information and data that is true and accurate to the best of the Grantee’s knowledge, belief, and expertise; and d. the representative executing this Agreement has the power and authority to bind the Grantee to the terms of this Agreement and to convey the rights granted to the National Trust. The representations and warranties of this paragraph shall survive the termination or expiration of this Agreement and remain in full force and effect. 12. Indemnification. Grantee shall defend, indemnify, and hold harmless the National Trust and its respective officers, directors, trustees, employees, and agents, from and against any an d all claims, liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) based upon or arising out of any act, omission, negligence, misconduct, and/or breach of this Agreement by the Grantee, its officers, directors, employees, or a gents, while engaged in the performance of this Agreement and/or in carrying out the Project. The provisions of this paragraph shall survive the termination or expiration of this Agreement and remain in full force and effect. 13. Lobbying and Political Activi ties. No part of the Grant will be used for lobbying activities or to participate in any political campaign in support of or in opposition to any candidate for public office. 14. Equal Opportunity. Grantee agrees not to discriminate against any employee or applicant for employment because of actual or perceived race, color, national origin, creed, age, gender, marital status, sexual orientation, religion, mental and physical disabilities, sex (inclu ding pregnancy), personal appearance, gender identity or expression, family responsibilities, genetic information, matriculation, political affiliation or veteran status. 15. Change in Status . Grantee shall notify the National Trust immediately of any change in: (a) Grantee’s tax -exempt status or (b) Grantee’s executive staff or key staff responsible for the Project. 16. Requirement to Return Grant Funds. Grantee agrees to return the Grant Funds if the Grantee: (1) fails to complete the Project as described in t he application; (2) 5 fails to complete the Project by the End Date; (3) fails to obtain the National Trust’s written approval prior to making a material change to the Project; or (4) fails to submit the final report within thirty (30) days of the End Date. Grantee agrees to return the Grant Funds to the National Trust no later than thirty (30) days after receipt of notice from the National Trust. 17. Miscellaneous . This Agreement constitutes the entire understanding of the parties with respect to the Grant and cannot be amended without the mutual written agreement of the parties. This Agreement cannot be assigned by the Grantee without the National Trust’s prior written approval. This Agreement is made in and will be governed by the laws of the District of Columbia. Please sign and return this Agreement to the National Trust as soon as possible to: Diana Maxwell, Grants Manager, National Trust for Historic Preservation at dmaxwell@savingplaces.org . Please contact the Grants Office for any additional assistance. We are delighted that your Project has been selected to receive an African American Cultural Heritage Action Fund grant, and we look forward to continuing to work with you to ensure that our nation’s rich heritage is preserved for the benefit and enj oyment of present and future generations. Sincerely, Paul W. Edmondson Brent Leggs President and Chief Executive Officer Executive Director National Trust for Historic Preservation African American Cultural Heritage in the United States Action Fund 6 AGREED AND ACCEPTED BY: City of Paducah By: Name: Title: Date: Agenda Action Form Paducah City Commission Meeting Date: October 26, 2021 Short Title: Approve Agreement with PFGW for the Architectural Design for the Robert Cherry Civic Center Renovation Project in an amount of $66,500 plus reimbursable expenses - D JORDAN Category: Municipal Order Staff Work By: Daron Jordan, Amie Clark, Michelle Smolen, Lindsay Parish Presentation By: Daron Jordan Background Information: The City of Paducah intends to make renovations to the Robert Cherry Civic Center to create efficiencies, house the Paducah Parks Department, and update the space for community events. The City completed a feasibility study for the modification of the existing 9,300 square foot Robert Cherry Civic Center located at 2701 Park Avenue into a mix-use space for administrative offices and a community assembly space in July of 2021. On August 11, 2021, the City of Paducah issued a Request for Proposals for the Architectural Design and Construction Administrative Services Renovation of the Robert Cherry Civic Center. Two (2) proposals were received by the City of Paducah and opened on September 8, 2021. On September 28, 2021, the City Commission approved Municipal Order No. 2509 authorizing the City Manager to enter into contract negotiations on behalf of the City. The City Manager has concluded contract negotiations and recommends that the Board of Commissioners enter into an agreement with Peck Flannery Gream Warren, Inc. (PFGW ) for the architectural design and construction administrative services for the renovation of the Robert Cherry Civic Center. This agreement is effective until one year after the date of substantial project completion. Payment will be in the amount of $66,500 plus reimbursable expenses plus 10% of the reimbursable expenses incurred. PFGW will provide schematic design validation, design development, construction documents, assistance with contractor bidding and negotiation, and construction administration services as defined by the Scope of Services. City staff will work with PFGW to ensure that ample community assembly space is maintained in order to accommodate events and rentals. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Plan for Parks & Recreation Building and Fire Station #4 Communications Plan: City staff will work with PFGW to engage and inform the public as plans are developed for the Robert Cherry Civic Center. Staff with coordinate with the Communications Manager for press releases and public engagement opportunities. Funds Available:Account Name: Civic Center Project Account Number: PA0121 Staff Recommendation: Approve the agreement with PFGW and authorize the Mayor to sign all documents necessary to approve said agreement. Attachments: 1.MO - Agree PFGW Robert Cherry Civic Center Architectural Design 2.PFGW Agreement - Robert Cherry Civic Center MUNICIPAL ORDER NO. ______ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PECK FLANNERY GREAM WARREN, INC., (PFGW) IN AN AMOUNT OF $66,500 PLUS REIMBURSABLE EXPENSES FOR ARCHITECTURAL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE ROBERT CHERRY CIVIC CENTER RENOVATION PROJECT WHEREAS, the City of Paducah completed a feasibility study for the modification of the existing 9,300 square foot Robert Cherry Civic Center located at 2701 Park Avenue into a mix-use space for administrative offices (2,250 square feet) and a community assembly space (7,050 square feet) in July of 2021; and WHEREAS, on August 11, 2021, the City of Paducah issued a Request for Proposals for the Architectural Design and Construction Administrative Services Renovation of the Robert Cherry Civic Center; and WHEREAS, two (2) proposals were received by the City of Paducah and opened on September 8, 2021; and WHEREAS, the City of Paducah adopted Municipal Order No. 2509 on September 28, 2021, authorizing the City Manager to enter into contract negotiations on behalf of the City in order to finalize a contract for the Architectural Design and Construction Administrative Services Renovation of the Robert Cherry Civic Center; and WHEREAS, the City Manager has made a positive recommendation to the Board of Commissioners to enter into an Agreement with Peck Flannery Gream Warren, Inc. (hereinafter “PFGW”) for the Robert Cherry Civic Center Project. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts the proposal of PFGW and authorizes the Mayor to execute an Agreement with PFGW in an amount of $66,500 plus reimbursable expenses as defined by the Agreement in accordance with the specifications, proposal and all contract documents heretofore approved and incorporated, for architectural design and construction administration services for the Robert Cherry Civic Center Renovation Project. SECTION 2. This expenditure shall be funded through Bond Series 2020A and charged to the Civic Center Project Account No. PA0121. 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, October 26, 2021 Recorded by Lindsay Parish, City Clerk, October 26, 2021 mo\Agree PFGW Robert Cherry Civic Center Architectural Design Agenda Action Form Paducah City Commission Meeting Date: October 26, 2021 Short Title: Approve Contract Modification to Construction Contract with Pace Contracting, LLC. for the Paducah Floodwall Pump Station #2 Project in the amount of $405,536.35 - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Rick Murphy Presentation By: Rick Murphy Background Information: Summary: Contract Modification #2 to Pace Contracting, LLC construction contract in the amount of $405,536.35 due to unforeseen construction conditions resulting in a final contract amount of $5,027,269.64. Background: As part of the Paducah Floodwall Rehabilitation Project in conjunction with the US Army Corps of Engineers, Ordinance 2020-08-8652 was approved on August 25, 2020 with Pace Contracting, LLC for a construction contract in the amount of $4.5M for the Pump Station #2 Rehabilitation Project. This was a rebid of the contract after the original contractor defaulted on the contract. Contract Modification #1 (Ordinance 2021-07-8694, dated July 27, 2021) Pace Contracting incurred unforeseen costs related to the failure of the original contractor to perform: Proposal Item Cost 6 Missing Components and Damaged Materials $ 88,929.66 7 Fabrication of Motor #5 Adjustment Nut $ 10,970.00 8 Emergency Repairs of 48in Discharge Pipe $ 21,833.63 Total Costs $ 121,733.29 Ordinance 2021-07-8694 increased the original construction contract from $4,500,000.00 to $4,621,733.29. The total change amount of $121,733.29 will be billed to Western Surety Company, the issuer of the Performance and Payment Bonds (Bond No. 30032288) for Huffman Construction LLC. Contract Modification #2 Proposal Description Cost 1 Replacement of Actuator and Sluice Gate $ 43,148. 28 4 Skylight Replacement $ 25,927. 00 5 Repair of Pump Station 2 Overhead Crane $ 20,999. 58 9 Electrical Gear $ 101,87 5.49 10 Soil Issues $ 213,58 6.00 Total Costs $ 405,536. 35 Upon approval, the new agreement would increase the approved construction contract from $4,621,733.29 to $5,027,269.64 All dollars spent on this original and amended contract regarding Pump Station #2 will be reimbursed or funded through KIA/SRF Loan and/or CDBG and DRA grants. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Stormwater- Floodwall Communications Plan: Coordinate with Communications Manager. Funds Available:Account Name: Pump Station #2 Account Number: FW0014 Staff Recommendation: Authorize and direct the Mayor to sign Contract Modification #2 with Pace Contracting, LLC for the construction contract on Pump Station #2 Rehabilitation Project in the amount of $405,536.35 with a final contract amount of $5,027,269.64. Attachments: 1.ORD - Pace Contracting LLC – Pump Station #2 2.FPS2_CO2_Recommendation 3.Paducah FPS 2 _CO 2_Pace_form ORDINANCE NO. 2021-____-_______ AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 2 WITH PACE CONTRACTING LLC. TO INCREASE THE CONTRACT BY $405,536.35 FOR THE PUMP STATION #2 REHABILITATION PROJECT WHEREAS, On August 25, 2020, the City approved Ordinance 2020-08-8652, authorizing a professional services contract with Pace Contracting, LLC for a construction contract in the amount of $4,500,000 for the Pump Station #2 Rehabilitation Project; and WHEREAS, on July 27, 2021, the City approved Ordinance 2021-07-8694, authorizing Contract Modification #1, increasing the contract to $4,621,733.29; and WHEREAS, it is now necessary to modify the contract due to additional unforeseen work that is needed, including MH 23 Actuator and Stem Replacement, Overhead crane repair, electrical investigation and repair and geotechnical/soil issues; and WHEREAS, Contract Modification No. 2 is required for an increase in the amount of $405,536.35, adjusting the total construction project from $4,621,733.29 to $5,027,269.64. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute Contract Modification No. 2 with Pace Contracting, LLC for an increase in the amount of $405,536.35 and a new total contract cost of $5,027,269.64. SECTION 2. This expenditure shall be charged to the Pump Station #2 Project Account FW0014. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. _______________________________________ George Bray, Mayor ATTEST: ______________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners October 26, 2021 Adopted by the Board of Commissioners, November 9, 2021 Recorded by Lindsay Parish, City Clerk, November 9, 2021 Published by The Paducah Sun, ______________________ \ord\eng\CHGORD2- Pace Contracting LLC – Pump Station #2 hdrinc.com 120 Brentwood Commons Way, Suite 525 Brentwood, TN 37027 T 502.909.3234 F 502.909.3235 October 20, 2021 Rick Murphy, P.E. City of Paducah 300 South 5th Street Paducah, KY 42003 RE: Flood Pump Station #2 Rehabilitation – Contract Modification #2 Dear Mr. Murphy: Pace Contracting, LLC (Pace) has experienced several changed conditions during the construction of the Flood Pump Station #2 Rehabilitation Project. These changes have resulted in additional compensation due to Pace. The following are the Change Proposal Request descriptions and corresponding costs: Change Proposal Request #1 (CPR1) – Actuator and Sluice Gate $43,148.28 The actuator at MH 23 for the flood control sluice gate is nearly inoperable due to wear and age. This gate is frequently used as it prevents backflow from the Ohio River during elevated river periods. The latest use of this gate has bent the gate stem and both components are now in need of replacement. Pace was asked to provide a quote to replace both components to allow for future operations. Change Proposal Request #4 (CPR4) – Skylight Replacement $25,927.00 Pace was asked to provide a quote for removable aluminum covers to maintain consistency between the City’s other flood pumping stations and to assist with future motor/pump removals which currently are extremely challenging. Change Proposal Request #5 (CPR5) – Repair of Pump Station 2 Overhead Crane $20,999.58 The existing overhead crane chain gear and clutch were found to be inoperable. This crane is necessary to assist in moving the motors and removal/installation of the pumps. Its current condition does not allow for Pace to perform the work outlined in the contract. Pace was asked to obtain quotes for repair of the crane as soon. Change Proposal Request #9 (CPR9) – Electrical Gear $101,875.49 It was determined that two of the four starters in the Motor Control Center were in operable. A site assessment conducted by Eaton revealed upgrades to hdrinc.com 120 Brentwood Commons Way, Suite 525 Brentwood, TN 37027 T 502.909.3234 F 502.909.3235 the electrical gear were needed for safety and operational purposes. Pace was asked to solicit a quote from Eaton and coordinate installation of new protective relays with an Arc Flash Study and relay settings. Change Proposal Request #10 (CPR10) – Soil Issues $213,586.00 While removing the existing discharge pipes discovered significant area of unsuitable fill material that have been compromised by trapped water and degraded organic material. This material does not meet USACE standards for levee fill nor is it suitable for pipe bedding. Pace was asked to remove unstable material and replace with approved fill from an adjacent fill site. Recommendation HDR has reviewed the costs provided by Pace for the referenced CPRs and agree with the supported cost breakdowns. It is recommended that the City move forward with inclusion of CPR 1, CPR 4, CPR 5, CPR 9, and CPR 10, into Contract Modification #2 for an increase of $405,536.35 and a new total contract amount of $5,027,269.64. Please let me know if you have any questions comments or need additional information. Sincerely, Kyle Guthrie, P.E. Vice President Cc: Melanie Townsend Sheryl Chino Savannah Wing Attachments: Paducah FPS_2_CO_2_Pace.pdf EJCDC®C 941,Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 ChangeOrderNo. Date of Issuance:Effective Date: Owner:City of Paducah Owner's Contract No.:CDBG No.17020 Contractor:Pace Contracting LLC Contractor’s Project No.:17020 Engineer:HDR Engineering,Inc Engineer's Project No.:10032833 Project:Flood Pump Station #2 Rehab Contract Name:Paducah PS #2 Rehab The Contract ismodified as follows upon execution of this Change Order: Description: Attachments:HDR Change Order Recommendation CPR#,CPR#,&CPR# CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Price:Original Contract Times: Substantial Completion: $ 4,500,000.00 Ready for Final Payment: days or dates [Increase][Decrease]from previously approved Change Orders No.to No.: Substantial Completion: Increase from previously approved Change Orders No.__ toNo.: $ Ready for Final Payment: days Contract Times prior to this Change Order: Substantial Completion: ContractPricepriortothisChangeOrder: $ 4, Ready for Final Payment: days or dates [Increase][Decrease]of this Change Order: Substantial Completion: IncreaseofthisChangeOrder: $ Ready for Final Payment: days or dates Contract Times with all approved Change Orders: Substantial Completion: ContractPriceincorporatingthisChange Order:$Ready for Final Payment: days or dates RECOMMENDED:ACCEPTED:ACCEPTED: By:By:By: Engineer (if required)Owner (Authorized Signature)Contractor (Authorized Signature) Title:Title:Title: Date:Date:Date: Approved by Funding Agency (if applicable) By:Date: Title: Agenda Action Form Paducah City Commission Meeting Date: October 26, 2021 Short Title: Approve the Closing of Vermont Street extending southeast of 321 & 322 Vermont Street Between 1401 Elmdale Road And 500 Ridgewood Street - 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 the closure of Vermont Street extending Southeast of 321 & 322 Vermont Street between 1401 Elmdale Road and 500 Ridgewood Street: Rick Shellhart, Pastor, Calvary Apostolic Tabernacle of Paducah, Inc. On October 4, 2021, the Paducah Planning Commission held a public hearing and made a positive recommendation to the City Commission for the closure. All of the 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 closure of Vermont Street extending Southeast of 321 & 322 Vermont Street between 1401 Elmdale Road and 500 Ridgewood Street and authorizing the Mayor to execute the closure plat and all necessary documents to complete the transfer of property to the adjacent property owner. Attachments: 1.ORD - Closure Vermont Street Between Elmdale Rd and Ridgewood Street 2.Vermont ROW Closure application 3.PC Resolution_Vermont St Closure 4.2020147 Road Closure Prelim Plat 8-24-21 ORDINANCE NO. 2021-_______-______________ AN ORDINANCE PROVIDING FOR THE CLOSING OF VERMONT STREET EXTENDING SOUTHEAST OF 321 AND 322 VERMONT STREET BETWEEN 1401 ELMDALE ROAD AND 500 RIDGEWOOD STREET AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of Vermont Street extending southeast of 321 and 322 Vermont Street between 1401 Elmdale Road and 500 Ridgewood Street as follows: A certain 40-foot wide undeveloped right of way containing 0.5628 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on July 6, 2021, located at the east end of Vermont Street and on the west side of Elmdale Road in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on Grid North from GPS static observation made on May 28, 2021. The horizontal control is based on Kentucky State Plane Coordinates System South Zone (NAD 83) (2011) (NAVD 88) (GEOID 18). All rebars and caps (set) are 1/2" diameter by 18” long rebar with a plastic cap stamped “R. TOSH KYPLS 2900”. Beginning at a rebar and cap (set) in the west right of way of Elmdale Road, 90.00 feet west of the road centerline, said centerline point being located 418.34 feet north of the centerline intersection of Elmdale Road and Ridgewood Street; Thence from the point of beginning North 64 Degrees 19 Minutes 16 Seconds West for a distance of 619.53 feet along a common line to the Calvary Apostolic Tabernacle of Paducah, Inc. property described in Deed Book 1421, Page 429, to a rebar and cap (set); Thence North 25 Degrees 29 Minutes 44 Seconds East for a distance of 40.00 feet with the east end of the developed portion of Vermont Street to a rebar and cap (set); Thence South 64 Degrees 19 Minutes 16 Seconds East for a distance of 606.30 feet along a common line to the Calvary Apostolic Tabernacle of Paducah, Inc. property described in Deed Book 1421, Page 429, to a rebar and cap (set) in the west right of way of Elmdale Road, 90.00 feet west of the road centerline; Thence with the right of way of Elmdale road the following Two (2) courses: 1. South 07 Degrees 10 Minutes 09 Seconds West for a distance of 30.02 feet to a rebar and cap (set); 2. South 07 Degrees 18 Minutes 49 Seconds West for a distance of 12.15 feet to the point of beginning. Together with and subject to covenants, easements, right of ways and restrictions of record and in existence. Ricky A. Tosh, PLS No. 2900 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. Calvary Apostolic Tabernacle of Paducah, Inc., owns the undeveloped portion of Vermont Street abutting the public way, which the Board of Commissioners has authorized to be closed as is evidenced by the Public Right-of-Way Closure Application attached hereto and made part hereof (Exhibit A). b. On the 4th day of October, 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. There are no other 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. 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 the property owner in or abutting the public way to be closed to acquire title to that portion of the public way contiguous to the property now owned by said property owner 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, October 26, 2021 Adopted by the Board of Commissioners, November 9, 2021 Recorded by Lindsay Parish, City Clerk, November 9, 2021 Published by The Paducah Sun, ______________________ \ord\eng\st close\ Closure Vermont Street Between Elmdale Rd and Ridgewood Street 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. 2021-____-_____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: October 26, 2021 Short Title: Approve the Closing of an Alley Extending southeast of Executive Boulevard between 501 North 3rd Street and 514 & 520 North Loop Road - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Josh Sommer Presentation By: Rick Murphy Background Information: The City Engineering Department has requested the closure of an alley extending Southeast of Executive Boulevard between 501 North 3rd Street and 514 & 520 North Loop Road. On October 4, 2021, the Paducah Planning Commission held a public hearing and made a positive recommendation to the City Commission for closure. All the 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 closure of an alley extending Southeast of Executive Boulevard between 501 North 3rd Street and 514 & 520 North Loop Road. and authorizing the Mayor to execute the closure plat and all necessary documents to complete the closure of the alley. Attachments: 1.ORD - alley – 501 North 3rd Street and 514-520 North Loop Road 2.PC Resolution_Executive Blvd alley closure 3.Executive Blvd_alley_closure_plat ORDINANCE NO. 2021-____-_______ AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY EXTENDING SOUTHEAST OF EXECUTIVE BOULEVARD BETWEEN 501 NORTH 3RD STREET AND 514 & 520 NORTH LOOP ROAD, 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 Southeast of Executive Boulevard between 501 North 3rd Street and 514 & 520 North Loop Road, as follows: LEGAL DESCRIPTION ALLEY CLOSURE A 20-foot wide alley right of way containing 0.1410 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on July 17, 2021, located on the north side of Park Avenue and on the south side of Executive Blvd. in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 61 Degrees 28 Minutes 24 Seconds West along the centerline of Park Avenue. 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 1/2" diameter rebar with an illegible cap (found) in the north right of way of Park Avenue, 33.00 feet north of the road centerline, said centerline point being located 57.29 feet northwest of the centerline intersection of Park Avenue and Harrison Street; Thence from the point of beginning North 61 Degrees 28 Minutes 24 Seconds West for a distance of 63.06 feet with the north right of way of Park Avenue to a rebar and cap (set); Thence North 29 Degrees 39 Minutes 47 Seconds East for a distance of 15.41 feet with a line common to the City of Paducah, Ky property described as Tract 3 in Deed Book 1306, Page 397 to a rebar and cap (set); Thence North 29 Degrees 38 Minutes 53 Seconds West for a distance of 252.01 feet with another line common to the City of Paducah, Ky property described as Tracts 3 and 2 in deed Book 1306, Page 397 to a 1/2" diameter rebar with an illegible cap (found) in the south right of way of Executive Blvd, 33.00 feet south of the road centerline; Thence North 60 Degrees 26 Minutes 10 Seconds East for a distance of 20.00 feet with the right of way of Executive Blvd to a 1/2" diameter rebar with an illegible cap (found); Thence South 29 Degrees 38 Minutes 53 Seconds East for a distance of 313.42 feet with a line common to the City of Paducah, Ky property described as Tract 1 in Deed Book 1306, Page 397, to the point of beginning. Together with and subject to covenants, easements, right of ways and restrictions of record and in existence. Ricky A. Tosh, PLS No. 2900 SECTION 2. In support of its decision to close the aforesaid public way, the Board of Commissioners hereby makes the following findings of fact: a. The City of Paducah owns the property abutting the public way which the Board of Commissioners has authorized to be closed, therefore no closure application has been filed. b. On the 4th day of October, 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. The City of Paducah is the only property owner in or abutting the public way, and therefor has given their written and notarized consent to the closing as is evidenced by the adoption of this ordinance. SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as described above, should be closed in accordance with the provisions of KRS 82.405. SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute all documents necessary related to the alley closing as authorized in Section 1 above. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ___________________________________ George Bray, Mayor ATTEST: ___________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, October 26, 2021 Adopted by the Board of Commissioners, November 9, 2021 Recorded by Lindsay Parish, City Clerk, November 9, 2021 Published by The Paducah Sun, _________________________________ \ord\eng\st close\alley – 501 North 3rd Street and 514-520 North Loop Road COMMONWEALTH OF KENTUCKY ) :ss. COUNTY OF McCRACKEN ) Subscribed, sworn to and acknowledged before me by CITY OF PADUCAH, KENTUCKY, by and through its duly authorized representative, George Bray, Mayor, on this the day of , 2021. _________________________________ NOTARY PUBLIC STATE AT LARGE My commission expires: ____________ Notary ID # ____________ CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky, and that the foregoing is a full, true and correct copy of Ordinance No. ___________ adopted by the Board of Commissioners of the City of Paducah at a meeting held on ___________________. ____________________________________ City Clerk