City Council

Special Meeting Notice Notice is hereby given that a Special Meeting of the Georgetown City Council is called. The meeting will be held at GMWSS, 1000 West Main Street, Georgetown, KY 40324 in the Training Center Room at 5:00 p.m. on, December 12, 2024, for the purpose of discussion and/or actions related to the items set forth in the meeting agenda that is attached hereto and incorporated herein by reference. Special Called Meeting - Georgetown City Council GMWSS Employee Training Center 1000 West Main Street, Georgetown, KY 40324 Thursday, December 12, 2024 5:00 PM AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes a) 12/9 Joint Work Session b) 12/9 Regular Meeting 4. GMWSS – Water Treatment Plant HVAC Replacement 5. City Attorney – Second Reading – Zone Change Ordinance (Georgetown Commons) – Sponsors Sonja Wilkins Brent and Greg Hampton 6. Finance Department – Municipal Order – City Hall Change Order #5 7. Fire Department – Municipal Order – Fire Engine 8. Human Resources - Second Reading – Amendment to Personnel Ordinance – Sponsors Sonja Wilkins Brent and Todd Stone 9. Adjourn Special Meeting of the Georgetown City Council Meeting Minutes of December 9, 2024 Page 1 of 1 Special Meeting of the Georgetown City Council (Joint Work Session with Scott County Fiscal Court) December 9, 2024 5:00 pm Mayor Jenkins called the Joint Work Session with Scott County Fiscal Court to order. Councilmembers Allen, Butcher Conway, Hambrick, Hampton, Tackett, and Wilkins Brent were present. Councilmembers Showalter and Stone were absent. 1. Presentation – Housing Needs Assessment by RKG Associates. There being no further business, Mayor Jenkins adjourned the meeting at 5:45 pm. APPROVED ______________________________ Burney Jenkins, Mayor ATTESTED BY: _________________________________ Tracie Hoffman, City Clerk-Treasurer Georgetown City Council Meeting Minutes of December 9, 2024 Page 1 of 3 Georgetown City Council Meeting December 9, 2024 6:00 pm Mayor Jenkins opened the public hearing regarding the proposed use of Municipal Aid Program funds and Local Government Economic Assistance for FY 2024-2025 At 6:00 pm. There were no public comments. Mayor Jenkins closed the hearing at 6:02 pm. Mayor Jenkins called the Georgetown City Council meeting to order. All members were present except Councilmember Stone. After a moment of silence, Councilmember Showalter led the pledge. 1. Minutes A motion was made by Councilmember Wilkins Brent and seconded by Councilmember Tackett to approve the minutes from the City Council meeting, held November 25, 2024. The motion was unanimously approved. 2. Acknowledgement Receipt of Check Register Mayor Jenkins requested that council members acknowledge receipt of the check register. All acknowledged receipt. 3. Mayor’s Comments Executive Order – Miscellaneous Board Appointments A motion to approve the appointments was made by Councilmember Tackett and seconded by Councilmember Allen. The motion was unanimously approved. 4. Georgetown-Scott County Parks & Recreation Municipal Order – Marshall Park Lighting A motion for approval was made by Councilmember Allen and seconded by Councilmember Tackett. The motion was unanimously approved. 5. GMWSS a) Judy Construction - $34,536.00 A motion for approval was made by Councilmember Tackett and seconded by Councilmember Wilkins Brent. The motion was unanimously approved. b) Hexagon Technologies - $98,160.00 A motion for approval was made by Councilmember Butcher Conway and seconded by Councilmember Hampton. The motion was unanimously approved. c) Judy Construction – $691,722.52 A motion for approval was made by Councilmember Tackett and seconded by Councilmember Hambrick. The motion was unanimously approved. Georgetown City Council Meeting Minutes of December 9, 2024 Page 2 of 3 6. City Attorney a) Second reading of amendment to zoning ordinance (Medicinal Cannabis) A motion for approval was made by Councilmember Tackett and seconded by Councilmember Allen. A roll call vote passed 7-0. b) Second reading of annexation ordinance – 656 Delaplain Road A motion for approval was made by Councilmember Showalter and seconded by Councilmember Hampton. A roll call vote passed 7-0. c) First reading of zone change – Georgetown Commons – Sponsors Sonja Wilkins Brent and Greg Hampton d) Municipal Order – purchase and sale agreement – 1829 Oxford Drive A motion for approval was made by Councilmember Tackett and seconded by Councilmember Hampton. The motion was unanimously approved. e) Municipal Order – purchase and sale agreement – Oxford Drive A motion for approval was made by Councilmember Allen and seconded by Councilmember Wilkins Brent. The motion was unanimously approved. f) Municipal Order – Work Authorization for Waterline Design Services related to Phase III Expansion of Lanes Run Business Park. A motion for approval was made by Councilmember Tackett and seconded by Councilmember Hambrick. The motion was unanimously approved. 7. Dispatch - Municipal Order – Tyler Tech Service agreement for cloud hosting and software maintenance. A motion for approval was made by Councilmember Allen and seconded by Councilmember Butcher Conway. The motion was unanimously approved. 8. Finance Department a) Municipal Order – Investment transactions with Stock Yards Bank & Trust A motion for approval was made by Councilmember Hampton and seconded by Councilmember Allen. The motion was unanimously approved. b) Municipal Order – MOA with Georgetown-Scott County Parks &Recreation for ARPA funding. A motion for approval was made by Councilmember Tackett and seconded by Councilmember Hambrick. The motion was unanimously approved. c) Municipal Order – Microsoft GCC licenses and related services A motion for approval was made by Councilmember Alonzo and seconded by Councilmember Tackett. The motion was unanimously approved. d) Municipal Order – Lord Aeck Sargent contract amendment for construction administration. A motion for approval was made by Councilmember Tackett and seconded by Councilmember Wilkins Brent. The motion was unanimously approved. e) Municipal Order – City Hall change order #4 A motion for approval was made by Councilmember Butcher Conway and seconded by Councilmember Wilkins Brent. The motion was unanimously approved. Georgetown City Council Meeting Minutes of December 9, 2024 Page 3 of 3 9. Grant Administrator a) Resolution – VAWA Grant funds A motion for approval was made by Councilmember Hambrick and seconded by Councilmember Butcher Conway. The motion was unanimously approved. b) Resolution – Liability Grant funds A motion for approval was made by Councilmember Allen and seconded by Councilmember Tackett. The motion was unanimously approved. 10. Human Resources – First reading amending personnel ordinance – Sponsors Sonja Wilkins Brent and Todd Stone 11. Police Department/911Center a) Municipal Order – Bearcat A motion for approval was made by Councilmember Hambrick and seconded by Councilmember Allen. The motion was unanimously approved. b) Municipal Order - Surplus A motion for approval was made by Councilmember Tackett and seconded by Councilmember Allen. The motion was unanimously approved. There being no further business, Mayor Jenkins adjourned the meeting at 8:03 pm. APPROVED ______________________________ Burney Jenkins, Mayor ATTESTED BY: _________________________________ Tracie Hoffman, City Clerk-Treasurer  MEMORANDUM TO: Chase Azevedo, P.E., General Manager GMWSS Board of Commissioners FROM: Alan Bryan, P.E. Capital Project Manager DATE: December 12, 2024 SUBJECT: Water Treatment Plant HVAC Replacement The HVAC system that heats and cools the GMWSS Water Treatment Plant (WTP) is failing and is need of replacement. The existing unit is a 7.5-ton rooftop system which was installed in 2008 and is operating beyond its useful life. WTP personnel started observing problems with the system during the first week of December when it would not properly heat the building. WTP personnel had the unit inspected by an outside electrical and instrumentation contractor. The contractor was able to get the system to come on and provide some heat, but recommended inspection by an HVAC contractor. WTP personnel reported that the system only worked again for about 5 days. At this time, the WTP has been without heat since December 6th, 2024. The WTP personnel called Family Tree HVAC to come and assess the condition of the rooftop HVAC system. Family Tree HVAC provided a report that stated the following: Upon inspection of the 7.5-ton rooftop unit, we discovered a significant issue with the heat exchanger. The heat exchanger has developed a crack, which is resulting in elevated levels of carbon monoxide (CO) in the air stream. Our measurements indicate that the unit is emitting upwards of 70 parts per million (ppm) of CO, which is well beyond acceptable levels for safe operation. This presents a serious health and safety concern. Due to the unit's advanced age and the extent of the damage, repairs to the heat exchanger are not a viable long-term solution. Furthermore, continuing to operate the unit under these conditions could pose a risk to both the air quality and the overall safety of the building's occupants. It was recommended that the HVAC unit be replaced. WTP Personnel reached out to 3 HVAC contractors for formal quotes for replacement of the unit. The quotes are as follows:  Family Tree HVAC $ 21,750.00   Georgetown Advantage Air $ 19,900.00  Pat Juett Heating & AC Did Not Respond Now, therefore, GMWSS staff are seeking consideration from the Board of Commissioners for the replacement of the WTP HVAC unit by Georgetown Advantage Air.  R-20035838 Order Requisition Georgetown Municipal Water and Sewer Service P.O. Box 640 Georgetown, Kentucky 40324 (502) 863-7816 Vendor Code: 000779 Order Department: Vendor Name: GEORGETOWN AIR ADVANTAGE _ Administration (12) _ Collections (56) Address: 650 NORTH BROADWAY _ Customer Accounts (11) _ WWTP1/3 (53) City, ST Zip: GEORGETOWN, KY 40324 _ Water Distribution (33) _ WWTP2 (63) X WTP (23) _ Engineering (43) _ Split All Departments Supervisor Approval: WTP_Supervisor Shipping Department: WTP Date: 12/12/2024 Date Required: Project: Plant Equipment Upgrade Project Number: 232501 Expense Account Qty. Please Supply Items Below Unit Price Amount 010015005 1 To install American Standard 7.5 ton gas pack roof top unit Hail $19,900.00 $19,900.00 guards/ low ambient kit - -5 year parts and 1 year labor and crane rental $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sub-Total: $19,900.00 Freight Expense Account: Freight: $0.00 Total: $19,900.00 Vendor 1: Gerogetown Advantage Price Quoted: $19,900.00 Date (MM\DD\YYY) 12/12/2024 Air Vendor 2: Family Tree HVAC Price Quoted: $21,750.00 Date (MM\DD\YYY) 12/12/2024 Vendor 3: Pat Juett Heating and Price Quoted: $0.00 Date (MM\DD\YYY) 12/12/2024 Cooling (12/12/2024 9:49:53 AM) General Manager - CAzevedo --- No Comments (12/12/2024 9:42:24 AM) Operations Manager - DBurberry --- No Comments (12/12/2024 8:55:51 AM) Accounting Manager - JNutter --- No Comments (12/12/2024 8:23:54 AM) WTP_Supervisor - ATerry --- No Comments (12/12/2024 8:22:09 AM) Originator - ATerry --- I contacted Pat Juett Heating and Cooling and Ware's NO RESPONSE Georgetown Advantage Air LLC Estimate 273 Sebree Rd Stamping Ground, KY 40379 Date Estimate # 1-502-642-5327 12/11/2024 150667 Name / Address Waste Water Plant #2 Water Treatment Plant 900 Cherry Blossom Georgetown KY 40324 Project Description Qty Total To install American Standard 7.5 ton gas pack roof top unit 19,400.00 -Hail guards/ low ambient kit -5 year parts and 1 year labor Crane Rental Fee 500.00 Total $19,900.00 Signature _____________________________________  CITY OF GEORGETOWN ORDINANCE NO. 24 - ____ AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 99.64 +/- ACRES, LOCATED AT MCCLELLAND CIRCLE, GEORGETOWN, SCOTT COUNTY, KENTUCKY, FROM I-1 AND I-1 ESLI TO B-5, C-1, AND R-3. SUMMARY 1. Rezones approximately of 99.64 +/- acres located at or around McClelland Circle (Scott County PVA Parcel No. 168-40-213.000), Georgetown, Scott County, KY, from I-1 and I-1 ESLI to B-5, C-1, and R-3. 2. Provides for repeal of inconsistent laws, severability of provisions, and an effective date upon passage and publication. The full text of Ordinance 2024-____is available for examination in the City Clerk’s Office, 629 North Broadway, Georgetown, Kentucky 40324 or at www.georgetownky.gov. _____________________________________________________________________________________ PUBLICLY INTRODUCED AND READ FIRST TIME: December 9, 2024 PUBLICLY READ SECOND TIME AND PASSED: December 12, 2024 APPROVED: ____________________________________ Burney Jenkins, Mayor ATTEST: __________________________________ Tracie Hoffman, City Clerk I, Emilee A. Buttrum, hereby certify I am an Attorney licensed to practice law in the Commonwealth of Kentucky. My office is located at 117 N. Water Street, Georgetown, Kentucky 40324. I further certify the foregoing Summary of Ordinance 2024 - ____, of the City of Georgetown, Kentucky, was prepared in accordance with the requirements of KRS 83A.060(9) and is a true and accurate summary of the contents of said Ordinance. Emilee A. Buttrum  City Council Members City Council Members Alonzo Allen Greg Hampton Sonja Wilkins Brent Mark Showalter Millie Butcher Conway Todd Stone Willow Hambrick Connie Tackett Burney Jenkins, Mayor MEMORANDUM December 12, 2024 To: Mayor Jenkins and City Council From: Stacey Clark, Director of Finance RE: City Hall Change Order #5 Codell and Lord Aeck Sargent are working diligently to get detailed pricing for Change Order #5, which includes the changes for audio-visual for City Hall. As mentioned during the City Hall update on Monday, the construction and design teams need approval of this additional cost to move forward with other work (drywall, etc) on the first floor and basement of City Hall. We are giving the construction and design teams until this afternoon to provide this information in hopes that the municipal order can be approved at tonight’s special meeting. If final detailed pricing is not available, we may present a municipal order for approval of a maximum amount so as not to delay work further and to avoid another special called meeting next week. I will bring copies of the municipal order and any supporting documents with me to the meeting tonight. 100 N. Court Street • Georgetown, KY 40324 • 502.863.9800 • Fax: 502.863.9810 • EOE  City Council Members City Council Members Alonzo Allen Greg Hampton Sonja Wilkins Brent Mark Showalter Millie Butcher Conway Todd Stone Willow Hambrick Connie Tackett Burney Jenkins, Mayor MUNICIPAL ORDER 2024 - ____ December 12, 2024 AN ORDER APPROVING THE PURCHASE OF A PIERCE FIRE APPARATUS AND AUTHORIZING THE MAYOR TO SIGN ALL RELEVANT DOCUMENTS. WHEREAS, the Georgetown Fire Department is in need of a new fire engine to replace aging and damaged fire apparatus; and WHEREAS, the City is utilizing Sourcewell Cooperative Purchasing Contract Number 113021-OKC to purchase a Pierce Fire Apparatus from the authorized dealer Atlantic Emergency Solutions, Inc., at a cost not to exceed $1,200,000.00; and WHEREAS, funds for this purchase will be allocated through a future budget amendment. NOW THEREFORE, IT IS HEREBY ORDERED that the purchase of a Pierce Fire Apparatus in an amount not to exceed $1,200,000.00, a substantially similar purchase agreement for which is attached hereto and incorporated herein by reference, is approved by the Georgetown City Council, and the Mayor is authorized to sign all relevant documents. PASSED AND APPROVED, this 12TH day of December 2024. __________________________________ Burney Jenkins, Mayor ATTEST: Tracie Hoffman, City Clerk 100 N. Court Street • Georgetown, KY 40324 • 502.863.9800 • Fax: 502.863.9810 • EOE This purchase agreement (together with all attachments referenced herein, collectively, the “Agreement”), made and entered into by and between Atlantic Emergency Solutions, Inc., a Virginia corporation (“Atlantic”), and _________________, (“Customer”) is effective on the last signature date set forth on the signature lines below (the “Effective Date”). 1. Purchase and Payment. Customer agrees to purchase and Atlantic agrees to sell to Customer the fire apparatus (and any associated equipment) furnished by Atlantic to Customer (hereinafter referred to, collectively, to as the “Apparatus”) as more fully described in the specifications attached hereto as Exhibit A (the “Specifications”) and incorporated herein for the total purchase price of $___________________USD (the “Purchase Price”). Payment shall be made as set forth on Exhibit A. In the event of a conflict between the Specifications and any request for proposal, request for bid, or other Customer provided or drafted documents, the Specifications shall control. The Purchase Price does not include any applicable state, local, and/or transit rates of sales and use tax. Any discount(s), whether implied or explicit, will be applied upon delivery, acceptance, and final invoicing of Apparatus. 2. Changes to Specifications. If, subsequent to the Effective Date of this Agreement: 1) the manufacturer of the Apparatus (or a manufacturer of a component therein) makes design and/or production changes, including, but not limited to future drivetrain upgrades (such as engine, transmission or axle upgrades) (“Manufacturer Modifications”); or 2) design or production changes are made to the Apparatus to comply with any applicable government regulation (such as the Federal Motor Vehicle Safety Standards or the Environmental Protection Agency Emissions Standards) or industry standards (such as those adopted by the National Fire Protection Association) (cumulatively referred to hereinafter as “Compliance Modifications”), and if there is an increase in costs to Atlantic as a result of Manufacturer Modifications or Compliance Modifications, the Purchase Price shall be automatically adjusted to reimburse Atlantic for said costs. Atlantic shall make reasonable efforts to advise the Customer of such changes within a reasonable time and provide documentation to support any changes in price to Customer upon request. In addition, Customer and Atlantic may agree to make changes to the Specifications, but any such changes must be by written change order signed by Customer and Atlantic (“Change Order”). However, in the case of Manufacturer Modifications or Compliance Modifications resulting in additional costs to Atlantic, Atlantic may execute Changes Orders without joinder of Customer, and any such Change Orders shall be binding on Customer. Atlantic shall not be liable to Customer for any delay in performance or delivery arising from any Change Order. 3. Persistent Inflationary Environment. If the Producer Price Index of Components for Manufacturing [www.bls.gov Series ID: WPUID6112] (“PPI”) has increased at a compounded annual growth rate of 5.0% or more between the month Pierce accepts our order (“Order Month”) and a month 14 months prior to the then predicted Ready For Pickup date (“Evaluation Month”), then pricing may be updated in an amount equal to the increase in PPI over 5.0% for each year or fractional year between the Order Month and the Evaluation Month. Atlantic will document any such updated price for the Customer’s approval before proceeding and provide an option to cancel the order. 4. Cancellation or Default by Customer. In the event that Customer cancels its order or otherwise breaches this Agreement by reason of non-payment or otherwise prior to delivery, Atlantic shall be permitted to retain possession and ownership of the Apparatus and shall not be obligated to deliver same to Customer. In addition, Atlantic and Customer agree that if such Customer breach were to occur, it would be difficult to determine actual damages to Atlantic. Customer acknowledges and agrees that: 1) the Apparatus is a unique and highly customized vehicle, made specifically for Customer; 2) Atlantic has invested a significant effort and incurred significant expense in the design and engineering of the Apparatus for Customer; and 3) due to its unique and customized nature, resale of the Apparatus will be difficult to a third-party without a significant loss to Atlantic. As a result, Atlantic and Customer agree that Thirty Percent (30%) of the Purchase Price is a reasonable estimate of the damages that would be incurred by Atlantic if a breach occurred in the future and shall be due and payable to Atlantic by Customer in the case of such a breach. Customer and Atlantic agree that this amount of liquidated damages is fair and reasonable and would not constitute a penalty to Customer. In the event of non-payment by Customer subsequent to delivery, Atlantic may recover full possession of the Apparatus by any lawful means, and shall be entitled to any additional damages sustained by Atlantic as a result of any diminution of value of the Apparatus resulting from use or damage thereto to the extent that such damages exceed the liquidated damages above. Atlantic shall have and retain a purchase money security interest in the Apparatus to secure payment of the Purchase Price and all other sums owed by Customer to Atlantic. In the event of nonpayment by Customer of any debt, obligation or liability now or hereafter incurred or owing by Customer to Atlantic, Atlantic shall have and may exercise all rights and remedies of a secured party under the Uniform Commercial Code Secured Transactions (UCC) provisions as adopted by the Commonwealth of Virginia. In addition, Atlantic shall be entitled to recovery from Customer all of Atlantic’s reasonable attorneys’ fees and all costs of collection resulting from non-payment or other non-performance hereunder by Customer. 1 5. Delivery, Inspection and Acceptance. (a) Delivery. It is estimated that the Apparatus shall be ready for delivery F.O.B. (AES’s location of sale) within _____ days from the Effective Date of this Agreement, subject to delays caused by the Customer, delays caused by Change Order(s) or delays provided for in Paragraph 10 below. Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this order/contract, and merely an approximation based on current information. Delivery updates will be made available, and a final firm delivery date will be provided as soon as possible. Atlantic shall advise Customer when the Apparatus is ready for delivery. (b) Inspection and Acceptance. Upon delivery, Customer shall have fifteen (15) days within which to inspect the Apparatus for substantial conformance to the Specifications. In the event of substantial and material non-conformance to the Specifications, Customer shall furnish Atlantic with written notice sufficient to permit Atlantic to evaluate such non-conformance (“Notice of Defect”) within said fifteen (15) day period. If the Apparatus is not in substantial and material conformance with the Specifications, any material and substantial defects shall be remedied by Atlantic within thirty (30) days from the Notice of Defect. In the event Atlantic does not receive a Notice of Defect within fifteen (15) days of Delivery, the Apparatus shall be deemed to be in conformance with the Specifications and fully accepted by Customer. 6. Notice. Any required or permitted notices hereunder must be given in writing at the address of each party set forth below, or to such other address as either party may substitute by written notice to the other in the manner contemplated herein, by one of the following methods: 1) hand delivery; 2) registered, express, or certified mail, postage prepaid, return receipt requested; or 3) nationally-recognized commercial overnight courier. Atlantic Emergency Solutions, Inc. Customer Director of Order Management 12351 Randolph Ridge Lane Manassas, Virginia 20109 7. Warranty. Any applicable warranty or warranties are attached hereto as Exhibit B (collectively, the “Warranty”) and made a part hereof. Any additional warranties must be expressly approved in writing by Atlantic. 8. Disclaimer of Additional Warranties. OTHER THAN AS EXPRESSLY SET FORTH IN PARAGRAPH 6 ABOVE AND EXHIBIT B TO THIS AGREEMENT, ATLANTIC (AS WELL AS ITS SUPPLIERS), THEIR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, LICENSORS OR SUPPLIERS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES MAKE NO WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE. FURTHERMORE, ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF QUALITY, IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY AGAINST INFRINGEMENT, AND IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. CUSTOMER FURTHER ACKNOWLEDGES THAT STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. 9. Exclusions of Incidental and Consequential Damages. IN NO EVENT SHALL ATLANTIC (OR ITS SUPPLIERS) BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED BY CUSTOMER (INCLUDING, BUT NOT LIMITED TO LOSS OF USE AND/OR LOST PROFITS) AS A RESULT OF ANY BREACH OF THIS AGREEMENT, WHETHER ARISING UNDER THEORIES OF BREACH OF CONTRACT, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE, OR OTHERWISE. 10. Indemnity. To the extent permitted by law, Customer shall indemnify, defend and hold harmless Atlantic and all of its officers, directors, employees, representatives, dealers, agents and subcontractors, from and against any and all claims, costs, judgments, liability, loss, damage, attorneys’ fees or expenses of any kind or nature whatsoever (including, but without limitation, relating to personal injury or death) caused by, resulting from, arising out of or occurring directly or indirectly in connection with Customer's purchase, operation, ownership, installation or use of any items (including, without limitation, the Apparatus) sold or supplied by Atlantic, except only to the extent caused by the sole negligence of Atlantic. 11. Force Majeure. Atlantic shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Atlantic’s control which make Atlantic’s performance impracticable, including but not limited to, wars (declared or not), terrorism, insurrections, strikes, riots, fires, hurricanes, storms, floods, earthquakes, other acts of nature, acts 2 of God, explosions, accidents or mechanical breakdown, acts of sabotage or vandalism, any acts of government authority, delays or failures in transportation, inability to obtain necessary labor supplies, inability to utilize manufacturing facilities, regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, epidemics, quarantine restrictions, failure of vendors to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work. 12. Manufacturer’s Statement of Origin. It is agreed that the manufacturer’s statement of origin (“MSO”) for the Apparatus covered by this Agreement shall remain in the possession of Atlantic until the entire Purchase Price has been paid. If more than one Apparatus is covered by this Agreement, then the MSO for each individual Apparatus shall remain in the possession of Atlantic until the Purchase Price for that Apparatus has been paid in full. 13. Assignment. Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval of the other party. 14. Severability. If any provision, or part hereof, of this Agreement shall be declared invalid by judicial determination or legislative action, only such provision, or part thereof, so declared invalid shall be affected, and all other provisions not consistent therewith or directly dependent thereon shall remain in force and effect. 15. Governing Law; Jurisdiction. Without regard to any conflict of law provisions, this Agreement is to be governed by and under the laws of the Commonwealth of Virginia. Atlantic and Customer further agree that the York County Circuit Court located in the Commonwealth of Virginia shall be the exclusive venue in the event of any litigation relating to this Agreement and/or the Apparatus. 16. Entire Agreement and Amendments. This Agreement constitutes the sole and only agreement between Atlantic and Customer relating to the Apparatus, and supersedes any prior understanding or written or oral agreements between the parties relating to the Apparatus. No amendment, modification or alteration of the terms hereof shall be binding unless the same is executed in writing, dated subsequent to the date hereof and duly executed by Atlantic and Customer. 17. Waiver. The waiver of any breach of any term or provision hereof by either party hereto shall not be considered a waiver of any other term or provision or of any other or later breach of this Agreement, regardless of the nature of such subsequent event or breach, unless such waiver is expressly stated in writing by an authorized representative of the waiving party. 18. Captions; Counterparts. The captions and paragraph numbers appearing herein are inserted only as a matter of convenience and are not intended to define, limit, construe or describe the scope or intent of any paragraph, nor to in any way affect this Agreement or the interpretation or application thereof. This Agreement may be executed in duplicate counterparts which, when taken together, shall constitute one and the same Agreement. Accepted and agreed to by: ATLANTIC EMERGENCY SOLUTIONS, INC. CUSTOMER: ____________________________ Name: Name: _______________________________ Signature: Signature: Title: Title: ________________________________ Date: Date: ________________________________ 3  EXHIBIT A SPECIFICATIONS AND PURCHASE DETAIL FORM Atlantic Emergency Solutions, Inc. Director of Order Management 12351 Randolph Ridge Lane Manassas, Virginia 20109 Date: Customer Name: Quantity Chassis Type Body Type Price per Unit $ $ $ $ $ Payment Terms: [Insert any trade-in or applicable discounts here.] Other Terms: [Insert any peformance bonds, penalities, etc.] Specifications: A complete copy of the applicable Specifications is attached hereto and incorporated herein by this reference. Training Requirements: ____________ ____________________________________________________________________________________________________ If any portion of the Purchase Price is to be made subsequent to delivery of the Apparatus to Customer and it is necessary for Customer to obtain third-party financing for said payment, Customer shall provide Atlantic proof of the availability of financing at the time of the execution of this Agreement. All taxes, excises and levies that Atlantic may be required to pay or collect by reason of any present or future law or by any governmental authority based upon the sale, purchase, delivery, storage, processing, use, consumption, or transportation of the Apparatus sold by Atlantic to Customer shall be added to the Purchase Price and paid by Customer. All delivery prices or prices with freight allowance are based upon prevailing freight rates and, in the event of any increase or decrease in such rates, the Purchase Price will be increased or decreased accordingly. Delinquent payments shall be subject to a carrying charge equal to one and one-half percent (1.5%) per month or, if such amount exceeds that permitted under the law, then the maximum lesser percentage amount which is permitted by law. 4  EXHIBIT B WARRANTY (A complete copy of any and all applicable warranties is attached hereto and incorporated herein by this reference.) 5  Georgetown Fire Department Chief Tim Thompson 101 Jacobs Drive Georgetown, Kentucky 40324 Phone 502-863-7833 Fax 502-867-6997 To: Mayor Jenkins & City Council Members Date of Issue: 11/17/2024 From: Chief Thompson Effective Date: 11/17/2024 Subject: Approval To Bid Out for Stock Fire Engine Mayor Jenkins and Council Members, Our current fleet of fire engines – the apparatus that carries water, not the ladder truck - is starting to age and the maintenance costs are continuing to rise each year. The model years of our current frontline fleet of fire engines consist of 2014, 2015 and a 2017. Our reserve fire engines are 1994 and 2005. The 1994 model is intended to be used only by the recruits, but it is regularly run as a frontline fire engine because of the repairs we have had to make to our fire engines and ladder trucks in the last few years With the need for the additional future fire stations, we are basically running five response areas with 3 stations, so our apparatus are getting extremely high miles and a lot of use. Fire apparatus is already running so hard going to responses and having to run for long hours on scenes. We have one fire engine that is over 111,000 miles and another nearing 90,000. These are frontline apparatus that have acquired these miles in the city limits and at times, responding out to the county to assist on automatic aid calls. Both above-mentioned fire engines will be replaced with the new fire engines that we have on order that were purchased with ARPA funds. These were ordered in October of 2022 and the expected delivery is not until May of 2026. The timeframe for custom apparatus is now between 3-5 years. Our newest fire engine is a 2017 and it has approximately 55,000 miles on it. We have always strived for the replacement of frontline apparatus on a 10-year cycle. This allows us to try and get around 10 years as a reserve. This is common industry practice, and again, our apparatus has run more than a lot of jurisdictions because of the growth and expansion of the coverage area. This is the reason we have the 2 fire engines on order, to maintain our 10-year frontline status on fire engines. With these 2 new fire engines coming in 2026, I have a proposal I would like for consideration. We are going to need to replace Engine 3 in 2027 because of its 10-year frontline status. We currently have 2013 and 2015 frontline engines that needs replacement, again this is the reason for the purchase with ARPA funds. If we were to purchase a stock apparatus, the turnaround time would be approximately 6 months. If we were to get approval to purchase, we could have a new fire engine this summer and have the other two new fire engines in spring of 2026. This will allow us to have an entirely new fleet of fire engines and allow us to have 3 reserve engines. The plan would be to go through and get these maintained well through the Preventative Maintenance Program we have in place so that they will be a reliable reserve apparatus. We could then surplus our 1994 and 2005 fire engines. The stock fire engine option is very popular now because the timeframe of purchase to delivery is much shorter than a custom apparatus. With that, though, comes an urgency to be prepared for when they become available. One vendor sends out a list at the beginning of each month and on November 1 a list of 18 were available. Within a couple of hours, they were all sold. We would need approval from the Mayor and City Council to have the money available to purchase when one that fits our needs comes available. Another benefit of purchasing now is simply the cost savings that the City of Georgetown would gain. We are spending a lot of money on maintenance, but the cost of apparatus is rising as well. When we signed the contract for the two fire engines we have on order, they were approximately $750,000 each. These were custom made and designed by us. A stock engine is now approximately $1,000,000. The increase in the two years is $250,000. If we hold off on waiting until 2027 to replace our 2017, not only will our maintenance continue to rise, so will the cost of the apparatus overall. The sticker shock of fire apparatus is obvious, but it is a necessity to have reliable equipment for our community. Several times over the last year we have had to run the 1994 and 2005 as frontline. Each time this happens, I have grave concerns that we are going to have an issue with responding to calls. We had an issue with the 2005 fire engine breaking down on the way to respond to a call for a health emergency in the last month. This happened as the fire engine was pulling out of Station 2 and broke down in front of Dunkin’ Donuts. We were delayed on response and the engine crew was out of service until we got switched over to our other reserve, which is a 30-year-old fire engine. This wasn’t put in the memo to create panic, but it is my reality, and more importantly, my responsibility to share with you. Thank you for your time, consideration, and service to our community. In Service, Chief Tim Thompson  Georgetown Fire Department Chief Tim Thompson 101 Jacobs Drive Georgetown, Kentucky 40324 Phone 502-863-7833 Fax 502-867-6997 To: Mayor Jenkins & City Council Members Date of Issue: 12/11/2024 From: Chief Thompson Effective Date: 12/11/2024 Subject: Update of Fire Apparatus Fleet Mayor Jenkins and Council Members, In October’s Fire Committee Meeting, I first brought to the attention of Mayor Jenkins and the Fire Committee that we needed to investigate purchasing a stock fire engine. We had an incident just a couple hours prior to the meeting where we were dispatched out for a Code 500. Engine 15 was being used as a frontline because Engine 2 was out for repairs, and Engine 15 broke down in front of Dunkin’ Donuts and was unable to make the call. Fortunately, EMS was able to get on scene, and the individual ended up being ok. We had to revert at that point to use Engine 14 for a frontline apparatus. Engine 14 is a 1994 model and was never intended to be used as a frontline apparatus, but we had no choice. This is what transpired prior to the Fire Committee Meeting. We had to use a combination of Truck 2 and Engine 14 as a reserve, while Engine 15 was getting a new rear end replacement. This repair took approximately 2 weeks to complete. In November, I met with the Finance Committee and expressed the same concerns. I knew that we had time to work with the city council and even potentially the next council if necessary because we had Engine 15 back in service and this would buy us some time before a stock engine would be ready this summer, roughly 4-6 months from purchase. Everything changed on Monday, December 9th around noon. Engine 15 had to be placed on frontline service because we were replacing an alternator on Engine 3 that day. Engine 15 was t-boned by a semi-truck that turned right at the light by Zaxby’s. Our driver had the green light, and the driver of the semi-truck admitted fault. Engine 15 will at least be out for months for repair, but in my experience and opinion, it is going to be totaled out. Regardless of either outcome, we are out of engine reserves that I feel comfortable putting in service. I am currently working with the Lexington Fire Department to get a reserve engine that we can borrow, but if they have apparatus issues, it is subject to have to return at any time. Engine 14 will have to be used, or we will have to shut down a station, and that is not an option for me. The reality is that over the last calendar year to date, we have had to utilize a reserve engine in place of our frontline engines 111 days. There is no getting around the fact that these fire engines are going to have to have maintenance, either preventative or emergency. Where we once had a reserve that I was comfortable with, and one that is 30 years old that if all else fails we could put in service, we now just have the 30-year-old fire engine as a reserve. We have the option to use Truck 2 as a reserve if it is available, but we have had to, as is currently the case, use it as the reserve for Truck 1 since it is our only additional ladder truck. It is 21 years old. I do not want to come to any of you and ask for such a large purchase at your last council meeting as this group. With four of you staying, and four of you leaving, it is probably the last thing you were wanting to make a vote on. I don’t have any option but to bring this to you. If you read my original memo attached, this is not a want, it is a need. A need that was exasperated on Monday. I appreciate your support, and I am available if you have any questions. In Service, Chief Thompson Added note from Finance Director Clark: The City Council allocated $626,620.50 in the General Fund 2024-2025 for costs related to a possible future regional business park. The City Council previously approved using $100,000.00 of this line item for a match for an additional KPDI application for Lanes Run Business Park Phase III. This would leave approximately $500,000.00 in this line item that could be utilized for the purchase/down payment on a fire apparatus, with the remaining balance to be paid late FY25 or in FY26 if the apparatus is not received until after July 1.  CITY OF GEORGETOWN ORDINANCE NO. 2024 - ____ AN ORDINANCE AMENDING SECTION 2-60 OF THE CODE OF ORDINANCES REGARDING PERSONNEL. SUMMARY 1. Amends “Exhibit B” of Section 2-60(c) of the Code of Ordinances to change the position of Fire Inspection from Grade 309 to 310, create the position of Senior Code Enforcement Officer at Grade 111, decrease the number of Code Enforcement Officer positions from 2 to 1, eliminate the position of Administrative Assistant I within the Fire Department; to increase the number of Shift Supervisor positions from 3 to 4 and to decrease the number of Telecommunicator positions from 20 to 19 within the Telecommunications Department. 2. Provides for repeal of inconsistent ordinances, severability of provisions and an effective date upon passage and publication. The full text of Ordinance 2024 - ____ is available for examination in the City Clerk’s Office, 629 North Broadway Street, Georgetown, Kentucky 40324 or at www.georgetownky.gov. INTRODUCED AND PUBLICLY READ FIRST TIME: December 9, 2024 PUBLICLY READ SECOND TIME AND PASSED: December 12, 2024 APPROVED: Burney Jenkins, Mayor ATTEST: Tracie Hoffman, City Clerk I, Emilee A. Buttrum, hereby certify I am an Attorney licensed to practice law in the Commonwealth of Kentucky. My office is located at 117 N. Water Street, Georgetown, Kentucky 40324. I further certify the foregoing Summary of Ordinance 2024 - ____, of the City of Georgetown, Kentucky, was prepared in accordance with the requirements of KRS 83A.060(9) and is a true and accurate summary of the contents of said Ordinance. Emilee A. Buttrum, Esq. 1