Board of Commissioners Meetings

City of Henderson, Kentucky NOTICE OF SPECIAL CALLED MEETING FOR MONDAY, SEPTEMBER 29, 2025 BEGINNING AT 12:00 P.M. September 24, 2025 Commissioner Robert N. Pruitt C01mnissioner Nicholas Whitt Commissioner Kelsey Hargis Commissioner Rodney Thomas Dear Board Members: Please take notice that as Mayor of the City of Henderson, Kentucky, I hereby call a special called meeting of the Board of Commissioners to be held on Monday, September 29, 2025, at 12:00 p.m. with the primary location for this meeting designated as the third-floor assembly room, 222 First Street, Henderson, Kentucky. One or more members of the Board of Commissioners may participate via video teleconference and the meeting will be broadcast to the public. The meeting will be live streamed on the city's website: https://www.hendersonky .gov/CivicMedia; Facebook and Twitter. This meeting will be conducted as a video teleconference meeting as allowed under KRS 61.826. Any interruption in the video or audio broadcast at any location shall result in the suspension of the meeting until the broadcast is restored. The purpose of this meeting is for the following : AGENDA 1. Roll Call 2. Ordinances & Municipal Orders: Second Readings: Ordinance Providing for the Levy and Collection of Ad Valorem Taxes for 2025 Ordinance Accepting Public Improvements - Merritt Drive Please mute or turn off all cell phones for the duration of this meeting.  City Commission Memorandum 25-279 September 24, 2025 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: Dylan H. Ward, City Manager SUBJECT: 2025 Property Tax Rates An item for the agenda of the Monday, September 29, 2025, called meeting is final reading of an ordinance establishing the 2025 tax rate. It is being recommended to adopt the Real Property Rate III, the same real estate rate as the prior year, which will keep the current rate at $0.470 per $100.00 assessment, and also to adopt the Personal Property Rate III, which will reduce the current rate by $0.026 and put the rate at $0.580 per $100.00 assessment. The Motor Vehicles/Watercraft rate is statutorily frozen at 1984 levels. Please see Finance Department Memo #25-14 explaining the rate structures. As proposed, the following rates will apply for each $100.00 of fair market value: RATE CHANGE Real Property: $0.4700 -0- Personal Property: $0.5800 ($0.026) Motor Vehicles/Watercraft: $0.3927 -0- The 2025 tax bill is due in full not later than January 5, 2026. Payment prior to the end of business on November 14, 2025, will result in a one percent (1 %) discount of the tax. A public hearing is required if the tax rate levied exceeds the compensating rate under KRS 132.07(1). As the proposed Real Property rate exceeds the compensating rate, a public hearing is required for the proposed tax rate mentioned above. The combined property taxes for 2025 using Rate III, would keep us in line with the projected budget of $8,122,000.00. Your approval of the attached ordinance is requested. c: Chelsea Mills Dawn Kelsey  ORDINANCE NO. 28-25 ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ADV ALOREM TAXES SUMMARY: AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY PROVIDING FOR THE LEVY AND COLLECTION OF AD VALO REM TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2025, AND PROVIDING FOR THE TIME OF PAYMENT FOR SUCH TAXES, PENALTY, INTEREST AND DISCOUNT BE IT ORDAINED by the City of Henderson, Kentucky as follows: SECTION I: An Ad Valorem Tax of Forty Seven Cents ($.4700) on each One Hundred Dollars ($100.00) of the fair market value of all real property and Fifty-Eight Cents ($.5800) on each One Hundred Dollars ($100.00) of the fair market value on all tangible personal property, excluding motor vehicles and watercraft, and Thirty-Nine and Twenty-Seven Hundredths Cents ($.3927) on each One Hundred Dollars ($100.00) of the fair market value on all motor vehicles and watercraft within the City of Henderson, Kentucky, (within the corporate limits of said City or having a taxable situs within the City), as of January 1, 2025, that is subject to taxation for City purposes, and upon all franchises taxable for City purposes is hereby levied and directed to be collected thereon for the fiscal year beginning July 1, 2025, for the following separate and exclusive purposes: Real Personal Motor Vehicles/ Property Property Watercraft General Fund Operations $ .4700 $ .5800 $ .3927 TOTAL TAX RA TE: $ .4700 $ .5800 $ .3927 SECTION II: The Chief Financial Officer of the City is hereby designated as the Tax Collector of and for the City of Henderson, Kentucky, for the fiscal year beginning July 1, 2025. The ad valorem taxes on motor vehicles will be collected by the County Court Clerk pursuant to KRS 132.487. SECTION III: All Ad Valorem taxes levied by the City of Henderson for the year 2025 shall be due and payable as soon as the tax bills are placed in the hands of the tax collector. SECTION IV: A taxpayer, who pays his tax bill for the year 2025 on or before November 15, 2025, shall receive a discount equal to One Percentum (1%) of the amount of tax so paid. SECTION V: No interest or penalty shall be charged for Ad Valorem taxes levied PUBLICATION DATE: FIRST READ: 09/23/2025 SECOND READ: 09/29/2025 ORDINANCE NO. 28-25  ORDINANCE NO. 28-25 CONT.) for the year 2025 until January 5, 2026. In the event all or any pmiion of a taxpayer's Ad Valorem taxes levied for the year 2025 shall be unpaid on January 6, 2026, the amount so unpaid shall bear interest equal to Six Percentum (6%) per annum until paid, and a penalty equal to Ten Percent per annum ( 10%) of the tax not theretofore paid shall be added to the bill. SECTION VI: Payment for Ad Valorem property taxes can be accepted in person or by mail at 222 First St, Henderson, KY or payment may be made on the City's website at www.hendersonky.gov. SECTION VII: All bills for Ad Valorem taxes on property will be delivered via U.S. mail. SECTION VIII: All property assessments were completed by the Henderson County Property Valuation Administrator. SECTION IX: Any phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since same would have been enacted by the Board of Commissioner without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section, and said remaining portions shall remain in full force and effect. All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict. This ordinance shall become effective upon its legal adoption. On first reading of the foregoing ordinance, it was moved by Commissioner PRUITT, seconded by Commissioner WHITT, that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Pruitt: AYE Commissioner Thomas: ABSENT Commissioner Whitt: AYE Mayor Staton: A YE Commissioner Hargis: AYE WHEREUPON, Mayor Staton declared the ordinance adopted on first reading and ordered that it be presented for second reading at a regular meeting of the Board of Commissioners. On second reading of the foregoing ordinance, it was moved by Commissioner _ _ _ , seconded by Commissioner - - ~ that the ordinance be adopted. 2 ORDINANCE NO. 28-25  ORDINANCE NO. 28-25 CONT.) WHEREUPON, the vote was called, on roll call the vote stood: Commissioner Pruitt: Commissioner Thomas: - - - Commissioner Whitt: Mayor Staton: Commissioner Hargis: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date and ordered it be recorded. Bradley S. Staton, Mayor Date: - - - - - - - - - - - ATTEST: Jessa Brandon, City Clerk APPROVED AS TO FORM AND LEGALITY THIS 18TH DAY OF SEPTEMBER 2025. By: _ _ _ _ _ _ _ _ __ Dawn Kelsey City Attorney 3 ORDINANCE NO. 28-25  City Commission Memorandum 25-280 September 24, 2025 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: Dylan H. Ward, City Manager /j/)JJ ,A.c.{rr& (J/11 SUBJECT: Acceptance of Public Improvements - Merrit Drive An item for consideration at the Monday, September 29, 2025, called meeting is final reading of an ordinance accepting public improvements consisting of sidewalks, curb, and guttering in the Riverview Place Development on Merrit Drive. Included in this acceptance is installation of 97 linear feet of 4-foot wide concrete sidewalk along the east side; and 64 linear feet of 2-foot concrete curb and gutters along the east side of the Riverview Place Development on Merrit Drive. The new improvements are in accordance with the public improvement specifications, and final inspection was performed by the Henderson City Engineering Department. The public improvements were recommended for acceptance at a meeting of the Henderson City-County Planning Commission held on September 2, 2025. Your approval of the attached ordinance is requested. c: Brian Bishop Dawn Kelsey  H.e-n.der~ ~ Henderson City-County Planning Commission Jennifer Mar~s 1990 Barret Ct. Suite C Assistant Director Henderson, KY 42420 September 8. 2025 Mayor Brad Staton City Commissioners Municipal Center Henderson, KY 42420 RE: Acceptance of Sidewalks and Curb and Guner on Merritt Drive. located in the City of Henderson. Dear Mayor and Commissioners: Please be advised Tuesday September 2, 2025 the Henderson City-County Planning Commission took official action to recommend acceptance of the following : Riverview Place Development Sidewalks and Curb and Guttering: Merritt Drive - 97 Linear Feet of 4 • wide, concrete sidewalk along the east side. Merritt Drive - 64 Linear Feet of 2' concrete curb and gutters along the east side. These improvements were constructed in accordance with the public improvement specifications and final inspection was performed by the Henderson City Engineering Depaitment. The Henderson City-County Planning Commission at this time request your consideration. ~ rc~ ul tr. ~~~~s Assistant Executive Director Henderson City/County Planning Commission Enclosure C: Dawn Kelsey, City Attorney Wm Newman , City Manager • Phone (270) 831-1289 • Fax (270) 831-1237 Email:jmarl?s@hendersonplanning.org www.hendersonplanning.org  ORDINANCE NO. 29-25 ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS SUMMARY: AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS CONSISTING OF SIDEWALKS, CURBS AND GUTTERING ON MERRITT DRIVE WHEREAS, it was recommended by Henderson City-County Planning Commission staff those public improvements of sidewalks on Audubon Street, in the City of Henderson be accepted; and WHEREAS, said improvements have been made in accordance with public improvements specifications and regulations. NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that the City hereby accepts certain public improvements, which are generally depicted on the attached drawing, marked Exhibit "A", and consists of the following: Sidewalks: Merritt Drive - 97 linear feet of 4 feet wide concrete sidewalk, along the east side Curb and Guttering: Merritt Drive- 64 Linear Feet of 2' concrete curb and gutters along the east side All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict. This ordinance shall become effective upon its legal adoption. On first reading of the foregoing ordinance, it was moved by Commissioner WHITT, seconded by Commissioner HARGIS, that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Pruitt: AYE Commissioner Thomas: ABSENT Commissioner Whitt: AYE Mayor Staton: A YE Commissioner Hargis: AYE WHEREUPON, Mayor Staton declared the ordinance adopted on first reading and ordered that it be presented for second reading at a regular meeting of the Board of Commissioners. On second reading of the foregoing ordinance, it was moved by Commissioner _ __; seconded by Commissioner _ _ _ , that the ordinance be adopted. PUBLICATION DA TE: FIRST READ: 09/23/2025 SECOND READ: 09/09/2025 ORDINANCE NO. 29-25  ORDINANCE NO. 29-25 CONT.) WHEREUPON, the vote was called, on roll call the vote stood: Commissioner Pruitt: Commissioner Thomas:- - - Commissioner Whitt: Mayor Staton: Commissioner Hargis: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date and ordered it be recorded. Bradley S. Staton, Mayor Date: _ _ _ _ _ _ _ _ _ __ ATTEST: Jessa Brandon, City Clerk APPROVED AS TO FORM AND LEGALITYTHIS 16TH DAYOF SEPTEMBER 2025. By:----------- Dawn Kelsey City Attorney 2 ORDINANCE NO. 29-25  MERRIH DRIVE ________. ___ / ' /--- - --- - ---· <12;'.;, CU'S1' ACRtS '', !. ·: t ' '". :.j •• ·, ;, ~--,• : : >•' \• I ' • "' MERRITT DRIVE- RIVERVIEW PLACE Formerly Lots 1 - 3 Burbank Place Subdivision & Formerly Lots 4- 5 Darrell Chaney Estate Subdivision ~ ,... ... ,... C"' MERRITT DRIVE: 97 Lineal Feet of four-foot-wide concrete sidewalk along east side of Merritt Drive. > MERRITT DRIVE: 64 Lineal feet of two-foot-wide concrete curb/gutter along east side of Merritt Drive.  City Commission Memorandum 25-278 September 24, 2025 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: Dylan H. Ward, City Manager /;t1JJ k.J 1/V~ 0/1? SUBJECT: Acceptance of Public Utility Improvements - Riverview Place Project - Merritt Drive An item for consideration at the Monday, September 29, 2025, called meeting is first reading of an ordinance accepting storm water and sanitary sewer system improvements as part of the Riverview Place project along Merritt Drive. Included in this acceptance is installation of 16 linear feet of 24-inch RC pipe; 1-24-inch headwall; 80 linear feet of 18-inch RC pipe; 140 linear feet of 15-inch HDPE pipe; and 2 48-inch manhole structures for the stormwater system. Also included for the sanitary sewer system is 200 linear feet of 8-inch PVC pipe; 1 48-inch manhole structure; 1 new pump station; and 60 linear feet of 1.5-inch force main. These improvements were constructed by Mark Bowling, Inc. as part of the Riverview Place development on Merritt Drive. This allowed the newly constructed development along Merritt Drive to have access to our Stormwater and Sanitary Sewer systems. The new improvements are in accordance with the public improvement specifications and regulations and were recommended for acceptance at a meeting of the Water and Sewer Commission held on September 15, 2025. Your approval of the attached ordinance is requested. c: Bart Boles Dawn Kelsey  HWU ~ 270.826.2421 Q. www.hkywater.org Henderson Water Utility 9 111 Fifth Street Henderson, KY 42420 WATER • WASTEWATER • STORMWATER Date: 15 September 2025 Memo To: Mayor Brad Staton Henderson City Commissioners From: Bart Boles HWU General Manager Subject: Riverview Place Stormwater and Sanitary Sewer System Improvements At its meeting on 15 September, the Water and Sewer Commission passed a Resolution (copy attached) approving the acceptance into our Stormwater and Sanitary Sewer systems, the improvements constructed by Mark Bowling Inc, as part of the Riverview Place development. This allowed the newly constructed development along Merritt Drive to have access to our Stormwater and Sanitary Sewer systems. Th is work is now complete, and the stormwater and sanitary sewer infrastructure has been installed, inspected, and approved for acceptance. If you have any questions or need further information on this or any other matter, please feel free to call me at 270.869.6614 {Office) or 270.875.2409 {Cell). Re : Dylan Ward, City Manager Wm . (Buzzy) Newman, Asst. City Mgr Dawn S. Kelsey, City Attorney Matt Calvert, HWU Chief Engineer  WATER AND SEWER COMMISSION of the CITY OF HENDERSON RESOLUTION OF THE BOARD OF COMMISSIONERS Resolution No. 2025 - 27 Acceptance of Riverview Place Storm water and Sanitary Sewer Improvements The following Resolution was duly adopted by the Board of Commissioners of the Water & Sewer Commission of the City of Henderson at a regular meeting held on Monday, 15 September 2025, at which meeting a quorum was present. BE IT RESOLVED, that the Water and Sewer Commission of the City of Henderson by and through its Board of Commissioners, under the authority granted to the Commission under Chapter 23 Article II Division 3 Sections 23-36 through 23-45.2 of the City Code of Ordinances, hereby recommends to the Board of Commissioners of the City of Henderson, Kentucky, that the City of Henderson accept certain public utility improvements as recommended by the staff of the Water and Sewer Commission, and herewith transmitted to the City, to with: Riverview Place Stormwater Sanitary Sewer Item illY Item illY 24" RC Pipe 16 LF 8" PVC Pipe 200 LF 24" Headwall 1 48" Manhole Structure 1 18" RC Pipe 80 LF New Pump Station 1 15" HDPE Pipe 140 LF 1.5" Force Main 60 LF 48" Manhole Structure 2  All these facilities are complete, in operation, and ready for acceptance The General Manager is hereby authorized to deliver this Resolution to the City of Henderson. IN WITNESS WHEREOF, having come before the Board of Commissioners on Monday, 15 September 2025, and upon Motion made by Commissioner 8ret11'1u. Ccu.,,_J\ il \ and seconded by ~, e }cf\.~ 5 , the Board of Commissioners voted as follows: Commissioner0(bnj AYE Commissioner, Paul Bird, Jr. Commissioner, George Jones, Ill Commissioner, Steve Austin ✓ Commissioner, Gary Jennings Commissioner, Brenna Caudill Bart Boles, Generai'Manager Henderson Water Utility 720  ORDINANCE NO. _ __ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS SUMMARY: ORDINANCE ACCEPTING PUBLIC UTILITY IMPROVEMENT (STORMWATER AND SANITARY SEWER IMPROVEMENT) FOR RIVERVIEW PLACE THE CITY OF HENDERSON WHEREAS, at a meeting of the Water and Sewer Commission of the City of Henderson, held on September 15, 2025, it was recommended that certain public utility improvements (stormwater and sanitary sewer) for Riverview Place in the City of Henderson be accepted; and WHEREAS, said improvements have been made m accordance with public improvements specifications and regulations. NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that the City hereby accepts certain public utility improvements (stormwater and sanitary sewer) for Riverview Place which consists of the following: Stormwater Item Qty 24" RC Pipe 16 LF 24" Headwall 1 18" RC Pipe 80LF 15" HDPE Pipe 140 LF 48" Manhole Structure 2 Sanitary Sewer Item Qty 8" PVC Pipe 200 LF 48" Manhole Structure 1 New Pump Station 1 1.5'' Force Main 60LF All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict. The ordinance shall become effective upon legal adoption. On first reading of the foregoing ordinance, it was moved by Commissioner _ __, seconded by Commissioner _ __, that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Pruitt: Commissioner Thomas: - - - Commissioner Whitt: Mayor Staton: PUBLICATION DATE: FIRST READ: SECOND READ: ORDINANCE NO. -24  ORDINANCE NO. CONT.) Commissioner Hargis: WHEREUPON, Mayor Staton declared the ordinance adopted on first reading and ordered that it be presented for second reading at a regular meeting of the Board of Commissioners. On second reading of the foregoing ordinance, it was moved by Commissioner _ _ _ , seconded by Commissioner _ _ _, that the ordinance be adopted. WHEREUPON, the vote was called, on roll call the vote stood: Commissioner Whitt: Commissioner Pruitt Commissioner Hargis: Mayor Staton: Commissioner Thomas: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date and ordered it be recorded. Bradley S. Staton, Mayor Date: _ _ _ _ _ _ _ _ _ __ ATTEST: Jessa Brandon, City Clerk APPROVED AS TO FORM AND LEGALITY THIS 24TH DAY OF SEPTEMBER 2025. By: _ _ _ _ _ _ _ _ __ Dawn Kelsey, City Attorney 2 ORDINANCE NO.  City Commission Memorandum 25-281 June 23, 2022 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: Dylan H. Ward, City Manager 0/)A/ /J.ci11v ~/fl SUBJECT: Extension of Meter Reading Services Contract with Br mex, Inc. The accompanying municipal order authorizes a one-year extension of the City's contract with Bermex, Inc., Stow, Ohio, for meter reading services. As you may recall, in July 2022, Bermex, Inc. was awarded the original contract for a three- year term for meter reading services while the City transitions to electronic meter reading through the installation of Encoder Receiver Transmitters (ERTs). The Finance Department has coordinated closely with the three utilities during this period, and the ERT project is anticipated to reach 99% completion by the end of the current fiscal year, reducing the City's need for manual meter reading. Although the original contract term has expired, meter reading services are still required during the final stages of the ERT project rollout. Bermex, Inc. has agreed to a one-year contract extension under a revised compensation structure, shifting from per-meter billing to a monthly lump sum based on staffing levels. • $32,500.00 per month for two (2) meter readers and one (1) supervisor • $23,500.00 per month one (1) meter reader and one (1) supervisor It is anticipated that the City will transition to the lower staffing level and associated cost as the fiscal year progresses and manual meter reading needs decrease. All other terms and conditions of the original contract will remain in effect, with the sole change being the updated compensation structure outlined above. Your approval of the attached municipal order is requested. c: Chelsea Mills  FINANCE DEPARTMENT MEMORANDUM 25-24 September 19, 2025 TO: Dylan Ward, City Manager FROM: Chelsea Mills, Chief Financial Officer SUBJECT: Contract Amendment for Meter Reading Services with Bermex The City currently outsources meter reading services to Bermex, Inc., which supports the Finance Department in monthly consumption reads for approximately 33,000 meters. The Finance Department has been working over the last three years with the three utilities to install encoder receiver transmitters (ERTs) to help electronically read meters and better serve our citizens with accurate readings. By the end of this fiscal year, we anticipate this project will be 99% complete, substantially reducing the City's need for manual meter reading. Currently, the costs of meter reading services are allocated among the three utilities. The allocation percentages are reviewed and determined each budget cycle based on the share of non-ERT meters each utility maintains. When we put this service out for bid in May 2022, we only received two bids with Bermex, Inc. being the low bid of $170 per one hundred meters ($1. 70 per meter). We have had a great working relationship with Bermex over the last three years and would like to continue working with them until this project is complete. As our annual contract term is now up, Bermex has proposed continuing for another year, with a shift in the compensation structure. Rather than billing per meter read, the contract would move to a monthly lump-sum arrangement based on staffing levels. This approach provides fairness and flexibility to both parties, especially as the number of manual reads decreases toward project completion. The proposed pricing is as follows: • 2 Meter Readers + I Supervisor - $32,500/month • I Meter Reader+ I Supervisor - $23,500/month These costs are consistent with budgeted amounts, as we anticipate transitioning to the l Meter Reader+ 1 Supervisor option toward the end of the fiscal year. Accordingly, I recommend continuing our agreement with Bermex for an additional year under the same terms and conditions of the current contract, with the sole change being the compensation structure outlined above. Attached for your review and approval is the proposed amendment to the contract. Please let me know if you have any questions. Chelsea Mills Cc: Dawn Winn  MUNICIPAL ORDER NO. ---- MUNICIPAL ORDER FOR CONTRACT EXTENSION FOR METER READING SERVICES TO BERMEX, INC. OF STOW, OHIO WHEREAS, in July 2022, the City accepted the bid of Bermex, Inc., of Stow, Ohio, for Meter Reading Services and Bermex has been providing meter reading services to the present; WHEREAS, the Finance Department has worked with the three utilities over the past three years to install encoder receiver transmitters (ERTs) to electronically read meters and provide more accurate readings for our citizens, and by the end of this fiscal year it is anticipated that the project will be 99% complete, substantially reducing the City's need for manual meter reading; WHEREAS, the current contract has expired, but the City continues to require meter reading services until the ERT project is fully completed; WHEREAS, Bermex, Inc. has agreed to extend the contract for one additional year, with a revised compensation structure shifting from per-meter billing to a monthly lump- sum arrangement based on staffing levels, with the following costs: • 2 Meter Readers+ 1 Supervisor: $32,500 per month • 1 Meter Reader+ 1 Supervisor: $23,500 per month; WHEREAS, the City Manager recommends approval of this one-year contract extension; NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the recommendation of the City Manager is hereby approved, and the contract extension with Bermex, Inc., 4500 Courthouse Blvd, Suite 150, Stow, Ohio 44224, for meter reading services is authorized, and the Mayor is authorized to execute the contract. On motion of Commissioner _ _ _ _ , seconded by Commissioner _ _ __, that the foregoing Municipal Order be adopted, the vote was called. On roll call the vote stood: Commissioner Pruitt: Commissioner Thomas: - - - Commissioner Whitt: Mayor Staton: Commissioner Hargis: INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the _ _ _ day of September 2025. Bradley S. Staton, Mayor MUNICIPAL ORDER NO.  MUNICIPAL ORDER NO. CONT.) ATTEST: Date: - - - - - - - - - - Jessa Brandon City Clerk APPROVED AS TO FORM AND LEGALITY THIS 24n 1 DAY OF SEPTEMBER 2025. By: Dawn S. Kelsey City Attorney 2 MUNICIPAL ORDER NO.  AGREEMENT FOR METER READING SERVICES Bermex Inc. ("Contractor") herewith engages with City of Henderson ("Utility") to read all meters provided by and scheduled by the Utility monthly. Appendix "A" METER READING SERVICE, is hereby attached and made a part of this Agreement Appendix "B" COMPENSATION, is hereby attached and made part of this Agreement The terms of this agreement will be for a period of 12 months effective 01-October-2025 through September 30, 2025. This agreement can be extended by 1 year, if mutually agreed upon by both parties. Written notice concerning this Agreement will be directed to the Contractor at: Bermex, Inc. 5070 Stow Road Stow, Ohio 44224 Attn: Tommy Combs- President Or to the Utility at: City of Henderson 222 First Street Henderson, Ky 42419 Contractor agrees to notify the Utility in writing of any change in address or telephone number within ten (10) days of such change. It is expressly understood that the Contractor and its' employees are serving as an independent contractor with City of Henderson, in conformance with the scope of service described herein. APPROVED THIS _ _ DAY OF_ _ _ _ _ , 2025 City of Henderson, KY Bermex, Inc. Signature_ _ _ _ _ _ _ _ __ Signature _ _ _ _ _ _ _ _ _ _ __ Printed Printed- - - - - - - - - - - - - ----------- Title Title ------------ ------------- Dated Dated- - - - - - - - - - - - - -----------  APPENDIX "A" METER READING SERVICES 1. SCOPE OF SERVICES Contractor's meter reader(s) shall be responsible for obtaining complete, accurate meter reading and recording them in hand-held meter reading devices to be provided by the Utility in accordance with the schedule established. The Utility shall be responsible for providing electronic meter reading devices which are properly functioning and calibrated for Contractor's use. The electronic meter reading devices shall be programmed daily by the Utility and available to Contractor at the beginning of each day. The individual(s) shall be responsible, daily, to report damaged and/or broken meter and meter boxes and unreadable meter, etc., observed during the performance of their duties. If such conditions exist, the meter reader will advise the Utility promptly. In no case shall Contractor be liable for not reading a meter due to unforeseen circumstances or circumstances beyond its control. Readings shall be taken no earlier than 7:00 am and no later than 4:30 pm from Monday thru Friday. The meter reader will attempt to complete the reading of the entire route on its scheduled day. Reading the meters on Saturday will be allowed if circumstances require and prior approval is obtained from the Utility. Readings on Sunday and special Holidays shall be prohibited. Exceptions to these hours must have prior approval by the Contractor. Weather conditions may interrupt service and prevent the accomplishment of services under this contract; weather related work stoppages will be agreed upon by the Contractor and the Utility. 2. PERSONNEL The individual(s) performing the service shall, always, be properly attired including use of hard sole shoes. Uniforms will clearly identify Contractor as meter readers must be always worn. Contractor's vehicles will clearly identify that they are a Contract Meter Reader. Contractor will promptly return all Utility hand held devices upon termination or non-renewal of this Agreement. 3. INSURANCE Contractor shall furnish WORKERS' COMPENSTATION INSURANCE, HEALTH INSURANCE, ETC., Liability Insurance for bodily injury and property damage in the amount of $1,000,000 per occurrence, this documentation will be supplied to the Utility upon request. The Utility shall, in no way, be held responsible for any injuries or accidents to Contractor or INDIVIDUALS IN ITS EMPLOY, which they may incur during the course of performing their service to the Utility. 4. LIABILITY OTHER THAN AS EXPRESSLY SET FORTH HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BERMEX MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE SERVICES, OR ANY OTHER SERVICES PROVIDED OR RENDERED IN CONNECTION WITH THIS AGREEMENT AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OR MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA OR USE, OR IN CONNECTION WITH EITHER PARTY'S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. IN NO EVENT SHALL EITHER PARTY'S LIABILITY TO THE OTHER PARTY FOR SERVICES RENDERED EXTEND BEYONE THE 12 MONTHS FOLLOWING THE COMPLETION OF WORK AT ANY ONE PARTICULAR SITE. BERMEX'S ENTIRE RESPECTIVE AGGREGATE LIABILITY FOR ANY CLAIMS BROUGHT AGAINST IT RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY UTILITY TO BERMEX UNDER THIS AGREEMENT IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT. THE FOREGOING SHALL BE CONSTRUED TO LIMIT THE SCOPE AND AMOUNT OF BERMEX'S LIABILITIES TO UTILITY AND ITS CUSTOMERS, AND UTILITY WILL HOLD BERMEX HARMLESS FOR ANY DAMAGES BEYOND THESE LIMITS. 4.1 FORCE MAJEURE Performance of this Agreement by each party shall pursued with due diligence in all requirements hereof; however, neither party shall be liable for any loss or damage for delay or for nonperformance due to the causes not reasonably within its control, such as acts of civil, or military authority (including courts or administrative agencies) acts of God, war, riot or insurrection, inability, to obtain required permits or licenses, blockades, embargoes, sabotage, epidemics, fires, unusually severe floods, strikes, lockouts or other labor disputes or difficulties; and provide the party affected shall promptly notify the other in writing of the nature, cause, date of commencement thereof, the anticipated extent of such delay. In the event of any delay resulting from such causes, the time of performance of each the parties hereunder shall be extended for a time period equal to the period of such delay. 4.2 TERMINATION This Agreement may be terminated at will by either party upon giving the other party sixty (60) days written notice. 4.3 COMPLETE AGREEMENT This Agreement is intended as the complete and exclusive statement of the agreement between the parties. This Agreement shall not be amended or modified, and no waiver of any provision hereof shall be effective, unless set forth in a written instrument authorized and executed with the same formality as the Agreement and agreed to by both parties.  APPENDIX "B" COMPENSATION 1. PRICE OF SERVICES The price to perform the services set forth in the Agreement will be good for year 1 of the agreement October 1, 2025 to September 30, 2026. • 2 Meter Readers + 1 Supervisor - $32,500/month • 1 Meter Reader+ 1 Supervisor - $23,500/month If both parties mutually agree to an additional year of service there will be a rate adjustment of 5%. 2. Penalty The Utility has the right to impose $50.00 penalty when the contractor fails to complete a scheduled meter reading. No penalty will apply if the contractor has supplied a legitimate skip code that prohibited the contractor from obtaining the read during the normal course of business. The contractor will leave a door hanger'for the customer. The Utility has the right to impose $50.00 penalty when the read percentage of unread or reading errors exceeds 1% of the total meters read. All penalties will be discussed with the contractor and all documentation will be provided by the Utility if a penalty is to be imposed. All penalties will be deducted from the next months regular payment. 3. INVOICING Contractor will invoice the Utility monthly. Payment shall be made 30 days following the receipt of a correct invoice. All invoices with a balance greater than 45 days will be imposed a penalty of 1.5% of the total invoice each month until paid in full.