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HomeMy WebLinkAboutCCMPacket2016-06-07CITY COMMISSION MEETING AGENDA FOR JUNE 7, 2016 5:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS I. MINUTES II. APPOINTMENTS A. Paducah -McCracken County Joint Sewer Agency B. Historical and Architectural Review Commission III. NIOTION A. R & F Documents 1V. MUNICIPAL ORDER Sale of Surplus Property: A. 1901 and 1906 Clay Street — S. ERVIN B. 1001 and 1009 Harrison Street — S. ERVIN C. t 418 Walter Jetton Blvd -- S. ERVIN D. Approve and Authorize Subordination agreement for 1611 Madison Street — S. ERVIN V. ORDINANCES— ADOPTION A. Authorize Payment to Vendor For Household Hazardous `Waste Collected During the Free Cleai,up Day — C. YARBER B. Accept Household Hazardous Waste Grant Award for Free Ciean-up Day — S. ERVIN C. Lease of Property from Jim Smith Contracting, LLC — NI. THONIPSON D. Repeal Sections in Chapter 38, E nergencv Services — TIRE CHIEF KYLE F. Establish the 911 Communications Services Department — CITY NIGR PEDERSON VI. ORDINANCES —INTRODUCTION A. Purchase Fire Equipment — FIRE CHIEF KYLE B. Contract with Tyler Technologies for City-wide Software — ERP COMMITTEE C. Amend Nuisance Code Ordinance — FIRE CHIEF KYLE VII, CITY MANAGER REPORT VIII. MAYOR & COMMISSIONER COMMENTS IX. PUBLIC COMMENTS X. EXECUTIVE SESSION MAY 24, 2016 At a Regular Meeting of the Board of Commissioners, held on Tuesday, May 24, 2016, at 5:30 p.m., in the Training Room of City Hall located at 300 South 5th Street, Mayor Kaler presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). MINUTES Commissioner Abraham offered motion, seconded by Commissioner Gault, that the reading of the Minutes for the May 17, 2016, City Commission meeting be waived and that the Minutes of said meeting prepared by the City Clerk be approved as written. Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). MOTION R & F DOCUMENTS Commissioner Gault offered motion, seconded by Commissioner Abraham, that the following documents be received and filed: I . Certificate of Liability Insurance for Leigh & Associates. Inc. 2. Deeds with Millwork Products for 1036 Madison Street (MO # 1903) 3. Permanent Utility Easement and Temporary Construction Easement with Paducah Water for property located at 1400 Broadway (MO # 1897) 4. Permanent Utility Easement and Temporary Construction Easement with Paducah Water for 421 North 13th Street (1140 # 1898) 5. Contracts/Agreements: a. Agreement with the Department for Local Government for a Community Development Block Grant for the demolition of 432 Broadway (ORD # 2016-04- 8 358) b. Reimbursement Agreement with Paducah Fater !-or asphalt and concrete rehabilitation work associated with the 24" Transmission tX-ater blain Project (ORD # 2016-044-8362) c. Change Order No. l with Mott Electric for the Police Station Emergency Generator Project (ORD #2016-04-8361) d. Loan Agreement with McCracken County, KY acid Genova Products, Inc. for 51,100,000 for equipment and fixtures for 5400 Commerce Drive (ORD 4 2015- 11-8328) e. Lien Subordination Agreement with Wells Fargo Bank, National. Association for loan -with Genova Products, Inc. (ORD # 2016-t 1-8328) f. Contract for Services with Paducah -McCracken County Convention & Visitors Bureau (ORD # 2016-05-8363) g. Agreement with 1vlidstates Construction Company, Inc. for Renovation of the Police Department Annex Building located at 1410 Broadway (ORD # 2016-03- 8353) 6. Operating Budget for Forest Hills Village, Inc. for fiscal year 2016/2017 Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). LVIAY 24, 2016 MUNICIPAL ORDER PERSONNEL ACTIONS Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order the personnel changes on the attached list be approved. (SEE MUNICIPAL ORDER BOOK) Adopted upon call of the roll, yeas, Commissioners Abraham, Gault, Rhodes, Wilson and Mayor Kaler (5). ORDINANCES — INTRODUCTION AUTHORIZE PAYMENT TO VENDOR FOR HOUSEHOLD HAZARDOUS WASTE COLLECTED DURING THE FREE CLEAN-UP DAY Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO PAY CLEAN EARTH, INC., FOR THE DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE AND ELECTRONIC WASTE COLLECTED DURING THE CITYICOUNTY FREE CLEAN-UP DAY." This ordinance is summarized as follows: That the Finance Director is hereby authorized to pay Clean Earth. Inc., the amount of $42,057,70 for the disposal of household hazardous waste and electronic waste collected during the City/County free Clean -Up Day. ACCEPT HOUSEHOLD HAZARDOUS WASTE GRANT SWARD FOR FREE CLEAN- UP DAY Commissioner Abraham offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ACCEPTING MATCHING GRANT FUNDS THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT FOR A 2016 HOUSEHOLD IL,\ZARDOUS WASTE GRANT FOR FUND[NG THE ANNUAL CITY'COUNTY CLEAN-UP DAY; RATIFYING THE NIAYOR'S EXECUTION OF THE GRANT AGREEMENT; AND AUTHORIZING THE MAYOR TO EXECUTE AN NTERLOCAL AGREEiVIENT WITH MCCRACKEN COUNTY." This ordinance is summarized as follows: That the City of Paducah hereby accepts matching grant funds in the amount of $25,500 through the Kentucky Division of Waste Nfanagement for a 2017 Household Hazardous Waste Grant to fund disposal services for the 2017 Annual City/County Free Clean -Up Day and an educational outreach program. A local match of S 12,750 is required with the City of Paducah and County of \,lcCracken contributing $6,375 each, through cash and/or in-kind contributions. The City ratifies the �dayor's execution of the Grant Agreement with the State. Further, the Mayor is authorized to execute an Interlocal Agreement with the County for the City to act as the legal recipient of the grant award. LEASE OF PROPERTY FROM JIM SMITH CONTRACTING, LLC Commissioner Gault offered motion, seconded by Commissioner Abraharv, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE CITY TO ENTER INTO A LEASE WITH JIM SMITH CONTZACTIN'G, LLC FOR THE USE OF A TRACT OF LAND FOR THE BENEFIT OF THE CITY OF PADUCAH."' This ordinance is summarized as follows: The City Commission hereby authorizes and approves the City of Paducah to enter into a Lease Agreement with Jim Smith Contracting. LLC for the use of MAY 24, 2016 a tract of land that accommodates the Farmer's Market pavilion, the downtown restrooms and serves as a parking lot for many downtown activities. Further, the Mayor is authorized to execute said agreement. REPEAL SECTIONS IN CHAPTER 38, EIVIERGENCY SERVICES OF THE PADUCAH CODE OF ORDINANCES Commissioner Rhodes offered motion, seconded by Commissioaer Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AViENDNG CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH." This ordinance is summarized as follows: The City of Paducah hereby repeals Sections 38-31, 38-32 and 38-33, of Chapter 38, Emergency Services due to the City's termination of the Interlocal Cooperation Agreement with McCracken County for joint E-91 I ermegency communication services. ESTABLISH THE 911 COMMUNICATIONS SERVICES DEPARTMENT Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE ESTABLISHNG A 911 COV'IMUNICATIONS SERVICES DEPARTMENT AS A DEPARTMENT OF THE CITY OF PADUCAH." This ordinance is summarized as follows: In this ordinance the City is amending sections in Chapter 2, Administration to create the 911 Communications Services Department and establishing duties and fees for services. Fees for services are set as follows: All telephone companies providing landline services to residents of the City of Paducah shall collect from each line the sum of$2.70 per month, beginning July 1, 2016. In the interim, all telephone companies providing service to residents of the City of Paducah shall continue to collect from each line the sum of $1,50 per month. WORKSHOP REVIEW OF THE FY2017 BUDGET The City Manager and Finance Director along with city directors met with the Board of Commissioners to review and discuss the proposed FY2017 budget. (For more details please review the excerpt from the City Commission Highlights prepared by Public Information Officer Pam Spencer.) Excerpt from the City Commission Highliuhts "Fiscal Year 2017 Budget Workshop The Paducah Board of Commissioners along with Cit}- Manager Jett Pederson and department directors met For a budget workshop to discuss the Fiscal Year 2017 Budeet. The fiscal year begins July 1. The first reading of the budget ordinance is set for June 2l with the vote on June 28. Earlier this year, the Board heard presentations regarding Capital Funding. the Floodwall, and Storm Water Management. At this meeting, Mayor Gayle Kaler thanked (lie elected officials, the City Manager, and staff For their work in managing the city's budget. Mayor Kaler says, "Because of the careful management of the funds, we have been able to do so many things without the need to issue bonds." City Manager Pederson says, "This is a team process, and we have good alignment at all levels of the organization." Pederson says. --This year is less change. It's more of a push forward Ahich is a good thing. Also, this year we have the most sizable growth in general fund revenue since pre -recession." For the upcoming fiscal year, the general fund revenue is pro)ected to be 533.47 million, a 2.4 percent increase (pearl,, S800,000) as compared to the current year's revenue. "it's not a high percentage. MAY 24, 2016 but it's higher growth than we've seen in a long time." Pederson says the additional revenue will be put toward employee pay increases and an increase in the City's match for non -hazardous employees as required by the State. The additional revenue also will be used to fund payments for an upcoming bond to pay for the rehabilitation of floodwall pump station 42. The City also is pursuing a Community Development Block Grant For the floodwall project. Regarding organizational structure, Pederson explained that the Planning Department will see a transition to include the responsibilities of the Paducah Riverfront Development Authority (PRDA). Executive Director Steve Doolittle will be retiring in the upcoming Fiscal year with the PRDA responsibilities to transition to Planning. Pederson also explained that a new position has been created, Assistant to the City Manager. Applications have been accepted with the interview process underway. Each department director then provided quick highlights of the projects in their respective budgets. An appropriation of S986,000 is in the budget to prepare aComprehensive Storm Water Management Plan. A request for qualifications has been advertised with the deadline of June 17 for companies to submit qualifications statements. Another projectttta[ will be initiated is Phase 11 of the Noble Park Bank Stabilization Project. Phase 1 was completed in 2014 which stabilized more than 650 feet of the bank, improved the accessibility of the fisfting piers, leveled the sidewalks, and made the park more attractive. For Phase 1I, the west side of the lake will be rehabilitated. Other topics discussed during the budget workshop include the Citizen Survey, Comcast franchise negotiations, the implementation of the Enterprise Resource Planning software, the demolition of the former nursing home at 501 North Yd Street, the Fountain Avenue Neighborhood Revitalization Project and the process to determine the next neighborhood for revitalization, the process to pursue a nomination for City Hall to be placed on the National Register of Historic Places, body worn cameras and security cameras, and the Port Security Grant request for afire boat." CITY MANAGER REPORT The City Manager did not give a resort tonight. MAYOR & COLIMISSIONER COMMENTS None were given. PUBLIC COiNIMENTS None were given. Upon motion the meeting adjourned. ADOPTED: June 7, 2016 City Clerk Mayor June 7. 2016 I move that the following documents and bids be received and filed: DOCUMENTS Commissioners Deeds: a. 1209 Salem Street b. 341 Hays Avenue c. 1908 Clay Street d. 1519 Park Avenue e. 1417 Burnett Street f 1931 Hendricks Street g. 1429 Park Avenue 2. Termination of Lease with Western Kentucky Union Labor Senior Citizens Housing Corporation for real property located at the Jackson House Apartments and W.B. Sanders Retirement Center (MO # 1906) 3. Paducah Water Works Financial Highlights for April 2016 City of Paducah Financial Report for Period Ending March 31, 2016 BIDS for Planning Department Sale of 1904 & 1906 Clay Street 1. Latria Hensley* Sale of 1001 & 1009 Harrison Street 1. W. David Denton* 2. David Jones Sale of 1418 Walter Jetton Blvd. 1. John Biles 2. Rodger Kendall* *Denotes Recommended Bid Agenda Action Form Paducah City Commission Meeting Date: June 7. 2016 Short Title: Declaration and Sale of Surplus Property at 1904 and 1906 Clay Street ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Nancy Upchurch/Steve En,in Presentation By: Stere Ervin Background Information: This action would declare 1904 and 1906 Clay Sweet surplus property owned by the City of Paducah and authorize the transfer to the property to the best evatuated bidder. The property was advertised in the Paducah Sun on May. 5. 2016 requesting interested parties to submit a bid on or before 9 AM on May 13, 2016. Only one bid was received. Mrs. Latria Hensley submitted a bid offering $1 for each lot. She proposes all investment of $182.500. She will purchase a modular home from KY Dream Homes. The estimate includes delivery, setup on permanent foundation, AC unit, gutters and downspouts. The bid also includes a two car garage, sidewalks, and steps. No other bid was received. Transfer of the surplus property is based on: Best -evaluated future use of the property 25% Proposed reinvestment 25% Compliance with all applicable codes 25% Highest bid 25% Staff Recommendations: Based on careful evaluation of the only qualified bid staff recommends that the Commission approve the sale of the lots at 1904 and 1906 Clay Street for the proposed offer of $1 per lot. Goal: ❑Strong Economy ® Quality Services® Vital Neighborhoods[:] Restored Dow ntov�ns Funds Available: Account Name: N/A Account Number: N/A Finance Agenda Action Form Page 2 Attachments: Additional supporting documentation to meet requirements to meet Sec. 2- 668 of the Paducah Code of Ordinances. Department Head City Clerk Cit) A4anager Sec. 2-668. Disposition of surplus or excess property. ]. Description of property: 1904 and 1906 Clay Street 2. Its intended use at the time of acquisition: The lot at 1904 Clay Street was acquired by the City of Paducah by Commissioner's Deed recorded in Deed Book 1301 Page 194 on May 19, 2015. The lot at 1906 Clay Street was acquired by the City of Paducah by Commissioner's Deed recorded in Deed Book 1289 Page 270 on Nov. 7. 2014. The City did not have a specific use for the property at the time of the acquisition. The property is currently vacant. 3. The reason why it is in the best interest of the City to dispose of the item: Several months ago staff compiled a list of properties that the City had acquired over the years through various means. Since that time additional lots have been acquired with the goal of selling the lots to responsible citizens. This is one of the recently acquired lots. It is in the best interest of the City to transfer this property to one of the two responsible parties. 4. The method of disposition to be used: Sealed Bid: Mrs. Latria Hensley submitted a bid offering $1 for each lot. She proposes an investment of $182,500. She will purchase a modular home from KY Dream Homes, The estimate includes delivery. setup on permanent foundation, AC unit, gutters and downspouts. The bid also includes a two car garage, sidewalks, and steps. No other bid was received. Transfer of the surplus property is based on: Best -evaluated future use of the propertti• 25% Proposed reinvestment 25% Compliance with all applicable codes 25% Highest bid 25% Staff Recommendations: Based on careful evaluation of the bid staff recommends that the Commission approve the sale of the lots at 1904 and 1906 Clay Street for the proposed offer of $1 per lot. Steve Ervin. Jef erson, Director Planning Department City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING THE BID OF LATRIA HENSLEY fN THE AMOUNT OF $1 FOR EACH PIECE OF REAL PROPERTY LOCATED AT 1904 AND 1906 CLAY STREET AND AUTHORIZING THE MAYOR TO EXECUTE A DEED AND ALL OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE WHEREAS, pursuant to 2-668 of the Code of Ordinances of the City of Paducah. Kentuck}, a written determination has been made by the City Manager that the Cit - does not have any use at this time or in the future for real properti located at 1904 and 1906 Clay Street. which constitutes surplus real estate; and 13.2016: and WHEREAS, the City advertised for bids on May 5, 2016 and opened on May WHEREAS, the City desires to accept the offer of Ms. Hensley due to her proposed investment to place a modular home with permanent foundation and a two -car garage on the real properties and includes property improvements such as gutters. do\�nspouts, and sidewalks. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of Latria Hensley for the purchase of real properties located at 1904 and 1906 Clay Street for S 1 each. SECTION 2. The Mayor is hereby authorized to execute a deed and any necessary documents relating to same to complete the sale of the real property, approved in Section 1 above. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, June 7. 2016 Recorded by Tammara S. Sanderson. Cin Clerk. June 7. 2016 mo`,prop sale -1904 R 1906 Clay Street 00 # � # § § § � 7 ( k k k 2 o \ m 0 - to � M. o \ » E d k M \ \ J . . 2 / \ 0 g ®_ rD 0 rD \ & LIL_ 0 / _ m a \ & o \ \ - / ° - e o- W _0 \ ) = ® -0 ƒ ƒ o ` } \ ° o \ w © G 0 E 0 CL CL & 2 0 \ » \ (D / n \ \ \ \ j / : = 0 (D» j � 0 /\ \ ± { ( 0 ® & ® K -0 \ 2 0 \ Z 0 \ \_ rD \ 0 \ / g e E § \ 3 0 7 2= / 5 } - / S\ e : / \ 0 0 0_\ e } \ 0 0 : J \ \ E o 0 D 7 § ] \ / z n \ o \ ± z 2 \ \ \ § & \ 0 2 / k) ` a CL * _ * e \ 2 / \ 0 \ ƒ ®rD= 0- 0 \ \ 0 z 0 ƒ « LU o' @ e ( ' 0 / m 0 } ) a CL 0 7 0 d L � � 2 > � k / I 2 w 0 � Agenda Action Form Paducah City Commission Meeting Date: June 7. 2016 Short Title: Declaration and Sale of Surplus Property at 1001 and 1009 Harrison Street ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Fork By: Nancy Upchurch/Steve Ervin Presentation By: Steve Ervin Background Information: This action would declare 1001 and 1009 Harrison Street surplus property owned by the City of Paducah and authorize the transfer to the property to the best evaluated bidder. The properr) was advertised in the Paducah Sun on May. 5, 2016 requesting interested parties to submit a bid on or before 9 AM on May 13, 2016. Two bids were submitted: W. David Denton submitted a proposal offering $5100 for each lot. (Total $10,200) His intentions for the property are to construct a dwelling that will be convenient to the art students. His proposal includes a proposed investment of $138.000 for the construction. His offers are contingent upon getting both lots and good title by warranty deed. Mr. Denton will pay for the title and title insurance from Denton Law Firm. The city shall have copies at no charge. David Jones submitted a proposal offering $1000 for each lot (Total $2000). He proposes to remove undergromh and prune and/or remove a portion of the trees to create space for an herb and vegetable garden to supplement his two restaurants, Artisan Kitchen and Shandee's as well as serve as a Community Garden. The lots will be creatively landscaped to remain visually appealing. He also proposes to incorporate local sculpture. He proposes an addition $4700 investment in the property. Transfer of the surplus property is based on: Best -evaluated future use of the property 25% Proposed reinvestment 25% Compliance with all applicable codes 25% Highest bid 25% Agenda Action Form Staff Recommendations: Page 2 Based on the evaluation using the criteria above, of the two bids submitted, staff recotnmends transferring the property at 1001 and 1009 Harrison Street to W. David Denton. Goal: ❑Strong Economy ® Quality Services® Vital Neighborhoods[:] Restored DowntoNNns Funds Available: Account Name: N/A Account Number: N/A Finance Attachments: Additional supporting documentation to meet requirements to meet Sec. 2- 668 of the Paducah Code of Ordinances. Department Ilead Cit Clerk �Ci';,��--d4anager Sec. 2-668. Disposition of surplus or excess property, 1. Description of property: 1001 and 1009 Harrison Street. 2. Its intended use at the time of acquisition: The lot at 1001 Harrison Street was acquired by the City of Paducah by Deed recorded in Deed Book 1090 Page 65 on April 6, 2006, The lot at 1009 Harrison Street was acquired by the City of Paducah by Deed recorded in Deed Book 1097 Page 373 on July 12, 2006. This property was acquired with the intent of marketing to an interested buyer that would make an investment in the property that would enhance the Lower Town Neighborhood and the ail school. 3. The reason why it is in the best interest of the Cite to dispose of the item: With the success of the Lower Town Neighborhood Revitalization Area active marketing of the neighborhood was reduced. Since that time most the remaining lots in the area have been sold. These two lots are among the lots still available. Since the have a proposal that meets the goals of the neighborhood revitalization it is in the best interest of the cite to transfer the property to an investor that will develop the lots with a structure that will also benefit the students of the Paducah School of Art and Design. 4. The method of disposition to be used: Sealed Bid: Two (2) bids received prior to the deadline W. David Denton submitted a proposal offering $5100 for each. lot, (Total $10,200) His intentions for the property are to construct a dwelling that will be convenient to the art students. His proposal includes a proposed investment of $138,000 for the construction. His offers are contingent upon getting both lots and good title by warranty deed, 111r. Denton will pay for the title and title insurance from Denton Law Firm. The city shall have copies at no charge. David Jones submitted a proposal offering $1000 for each lot (Total $2000). He proposes to remove undergrowth and prune and/or remove a portion of the trees to create space for an herb and vegetable garden to supplement his two restaurants, Artisan Kitchen and Shandee's as well as serve as a Community Garden. The lots will be creatively landscaped to remain visually appealing. He also proposes to incorporate local sculpture. He proposes an addition $4700 investment in the property. Transfer of the surplus property is based on: Best -evaluated future use of the property 25% Proposed reinvestment 25% Compliance with all applicable codes 25% Highest bid 25% Staff Recommendations: Based on the evaluation using the criteria above, of the two bids submitted. staff recommends transferring the property at 1001 and 1009 Harrison Street to W. David Denton... Steve Ervin, Jederson. Director Planning Department City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING THE BID OF W. DAVID DENTON IN THE AMOUNT OF $5,100 FOR EACH PARCEL OF REAL PROPERTY LOCATED AT 1001 AND 1009 HARRISON STREET AND AUTHORIZING THE MAYOR TO EXECUTE A DEED AND ALL OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE WHEREAS, pursuant to 2-668 of the Code of Ordinances of the City of Paducah; Kentuckv, a written determination has been made by the City Manager that the City does not have any use at this time or in the future for real property loicated at 1001 and 1009 Harrison Street, �N,hich constitutes surplus real estate: and WHEREAS, the City advertised for bids on May 5, 20116 and opened on Nlav 13. 2016: and WHEREAS, the City desires to accept the offer of W. David Denton, contingent upon obtaining both lots and good title to each by Special Warranty Deed, for a proposed investment of $138,000 to construct a dwelling that rill benefit the students of the Paducah School of Art and Design and also meet the goals of the Lo,,Yer Town Neighborhood Revitalization area. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of W. David Denton, contingent upon obtaining both lots and good title to each by Special Warranty Deed; for the purchase of the parcels located at 1001 and 1009 Harrison Street for $5,100 each. SECTION 2. The Mayor is hereby authorized to execute a deed and any necessary documents relating to same to complete the sale of the real property approved in Section 1 above. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST; Tammara S. Sanderson, City, Clerk Adopted b5 the Board of Commissioners. June 7, 2016 Recorded by Taminara S. Sanderson, Cite Clerk, June 7, 2016 nio'prop sale -1001 and 1009 Harrison Street A A O O t~0 00 O O Oh C0I-A d d d G d G d Q Q G (D � (D M � .(pr N 0 lD 0 lD F+ o O1 n D O Q 3 3 (D CL Q 3 V) 3 V) N (D co - Q v N (D -n O 3 < Q fll S rr A O CL (D 3 Q. v = p` s W (D 0 (D r+ v O .3-r n N ::3 v N 3 (D Q < =r(' O_ (D (D n°a -a v W (D n 3 Q O CL D3 D :3 mO O' C (D Z3 3 v n �' a- O •< (D ° v v w(D 0- (D 3 Dl O N Oh N (D n _ O o O O O a- ± r O _ rD C (1 O.. phi r -r (D O < O 3 rD N 0 C 3 ref -0 D) p O- S ((D *• �' j GQ v n S n CD 3 n :E " - N = S n o O< S (D (D 3 -0� o -a O (D D .�+ N nO D) S a (D ) 3 C ao Q p n N O 2 rD Q (SD v Q !D O 3 Q 3 N N C a) �_. O 7 '6 Op O l/i (D (D o _ 3 n0 o 3 a a D Q m v r+ 3 S N �' O w v '* Q� N n. O w ; 3 s o (D CL O 3 3- MO i 3 7 O p Dq v w O (gyp (3D F N W r Q. n v 2 (D 3 N (D W Q ilk O o (D O n O 3- O o o +" to In (D N 0 O 3" O O o F+ n � S O O O O D) S O 'O O M ,� ~ V1 T 77 N Q 3 Gr) N O_ (D Z (l c3ii n ,+ O 3 Q 1:3 N 3 (D 'O L m N C. .3r N O 0 3 (D 4/� p, J OO 0 W oo O in W v In O (<D O H a 0 to (D .3•' 3 W 0'Q• Q. D s T r+ S rD rD rF N W N O N 01 Agenda Action Form Paducah City Commission Meeting Date: June 7. 2014 Short Title: Declaration and Sale of Surplus Property at 1418 Walter Jetton Blvd. ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Nancy Upchurch/Steve Ervin Presentation By: Steve Ervin Background Information: This action would declare 1418 Walter Jetton Blvd. surplus property owned by the City of Paducah and authorize the transfer to the property to the best evaluated bidder. The propert' was advertised in the Paducah Sun on May 5, 2016 requesting interested parties to submit a bid on or before 9 AM on May 13, 2016. Two bids were submitted: Mr. Rodger Kendall owns property at 1407 Walter Jetton Blvd. He submitted a bid offering $1 for the property. He further proposes a $60,000 investment on the lot by constructing a single family dwelling for his daughter. Mr. John Bites offers $100 for the lot. His intended use for the property is to plant a garden. Transfer of the surplus property is based on: Best -evaluated future use of the property 25% Proposed reinvestment 25% Compliance with all applicable codes 25% Highest bid 25% Staff Recommendations: Based on the evaluation using the criteria above. of the two bids submitted, staff recommends transferring the property at 1418 Walter Jetton Blvd. to Mr. Rodger Kendall. Goal: ❑Strong Economy ® Quality Services® Vital Neighborhoods❑ Restored DoNvntomis Funds Available: Account Name: N/A Account Number: N/A Finance Agenda Action Form Page 2 Attachments: Additional supporting documentation to meet requirements to meet Sec. 2- 668 of the Paducah Code of Ordinances, Department Head City Clerk �Manager See. 2-668. Disposition of surplus or excess property. 1. Description of property: 1418 Walter Jetton Blvd. 2. Its intended use at the time of acquisition: This lot �-as acquired by the City of Paducah by Commissioner's Deed recorded in Deed Book 1294 page 331 on Feb, 4, 2015. The City did not have a specific use for the property at the time of the acquisition. The property is currently vacant. 3. The reason why it is in the best interest of the City to dispose of the item: Several months ago staff compiled a list of properties that the City had acquired over the years through various means. Since that time additional lots have been acquired with the goal of selling the lots to responsible citizens. This is one of the recently acquired lots. It is in the best interest of the City to transfer this property to one of the two responsible parties. 4. The method of disposition to be used: Sealed Bid: Mr. Rodger Kendall owns property at 1407 Walter Jetton Blvd. He submitted a bid offering $1 for the property. He further proposes a $60,000 inv=estment on the lot by constructing a single family dwelling for his daughter. Mr. John Biles offers $ 100 for the lot. His intended use for the propert}, is to plant a garden. Transfer of the surplus property is based on: Best -evaluated future use of the property 25% Proposed reinvestment 25% Compliance with all applicable codes 25% Highest bid 25% Staff Recommendations: Based on the evaluation using the criteria above. of the two bids submitted. staff recommends transferring the property, at 1418 Walter Jetton Blvd. to Mr. Rodger Kendall. Steve Ervin. ederson. Director Planning Department City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING THE BID OF ROGER KENDALL FOR $1 TO PURCHASE REAL PROPERTY LOCATED AT 1418 WALTER JETTON BOULEVARD AND AUTHORIZING THE MAYOR TO EXECUTE A DEED AND ALL OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE WHEREAS, pursuant to 2-668 of the Code of Ordinances of the City of Paducah. Kentucky. a written determination has been made by the City Manager that the City does not have any use at this time or in the fixture for real property located at 1418 Walter Jetton Boulevard, which constitutes surplus real estate: and 13, 2016: and WHEREAS. the City advertised for bids on May 5, 2016 and opened on May WHEREAS, the City desires to accept the offer of Roger Kendall of $1 to purchase real property located at 1418 Walter Jetton Boulevard for a proposed investment of $60,000 for construction of a single family dwelling. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of Roger Kendall of $I to purchase real property located at 1418 Walter Jetton Boulevard. SECTION 2. The Mayor is hereby authorized to execute a deed and anv necessary documents relating to same to complete the sale of the real property approved in Section l above. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, June 7. 2016 Recorded by Tarnmara S. Sanderson. City Clerk. June 7. 2016 mo.prop sale -1418 Walter Jetton ►� O r+ lD r+ 4� F rD 3 cr �E z cu 7 n C n S C n s 000 0000O N O 4h r4 m r+ M O_ Q Q. M O 3 m O 3 l�A cuv -1 l�D � L' Q01 y � N n Q' rD cn O. M O 3 O 3 '* M r+ ov 0- 41 o 0 CTCZ rD 7 rD 3 W u, v �3 CL v :3 ' n °� w rD w rD (D a Ln M CU Q rD on v O 3 3� r+ rD 3 W :E= rD o n -° O CS rD r+ O v �rD CL rD M 3 O- C �, cs rD aq �' : ^s p o °- r-+ 0- ° Z rD to C O� (D �. Q' �- n r* rD n O rr O (D (D' Ln cr L m' oQ n M n O Ln n r+ zi �' n 3" n C =. O r+ to c a- p CL p rD 3 3 ET Ln n sa) - rD .51 E CL 0- rD r+ r+ rD O M 3 -< O rD ro "O ^s O �O Ln rD n o o O- rD rD_ � �, COL - i3q °- Zr' w o � r rt m � s> W Q m iI� O �, rD r O n CD o o th �" � n=- o o " -io n o r+ O n v 3' O TI G� Cu rD � 0) rD D Z rD Cl O o' i2 c 47 ro m O 3 = a. r+ cr rD -< Ln m a '� — CD fl' rD rD w r+ Z, n rD C O r n v rD 0-; °1rD CD O z rD O q o O 0 0 3 m c rt O a co CL a' r+ O� LA r-+ }96333 Agenda Action Form Paducah City Commission Meeting Date: June 7. 2016 Short Title: Approve execution of Subordination Agreement N-vith THE PADUCAH BANK AND TRUST COMPANY regarding the property located at 1611 Madison Street, Paducah. Kentucky and owned by Michael Warren Hatton and wife. Tonie M. Hatton. ❑ Ordinance ❑ Emergency X Municipal Order ❑ Resolution ❑ Motion Staff Work By: Stere Ervin. Lisa Emmons Presentation By: Stere Ervin Back,roLlnd Information: On or about March 21. 2016. the City sold to Michael Warren Latton and wife, Tonle '-\4. Hatton. certain real property located at 1611 Madison Street, Paducah. Kentucky for 51.00 and "Fith the further condition that if the Hattons shall fait to immediately begin bonafide construction of improvements, as approved by City, on the property and the improvements are not completed within 12 months from the date of the deed. the pi,opernr mould revert back to the Cite. On or about May 9, 2016. the Hattons borrowed from The Paducah Bank and Trust Company LIP to 5222,700.00 as a construction loan for the rehabilitation and revitalization of the propel-ty. The construction loan is secured by a mortgage dated May 9. 2016, encumbering the property. As a condition to the loan, Paducah Bank is requiring that its inortgage be first and superior mortgage upon the property- and that the mortgage be superior to any reversionary right retained by the Cite in the aforesaid deed. Paducah Bank is requiring the City to approve and execute a Subordination Agreement subordinating its rights to the mortgage of the Bank. Goal: ®Strom Economy ❑ Quality Services® Vital Neighborhoods❑ Restored Do\\nto\\ns Funds Available: Account Name: Account Number: Finance Staff Recommendation: That the Mayor and Commission approve the proposed Subordination Agreement regarding the property located at 1611 Nfadison Street. Paducah, Kentucky for execution. Attachments: Subordination Agreement and Quitclaim Deed .AQenda Action Form Department Head City Clerk ]F7Cinvyanager Page 2 1962 "6 MLTNICIPAL ORDER NO. A MUNICIPAL ORDER OF THE CITY OF PADUCAH; KENTUCKY. APPROVfNG THE SUBORDINATION AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH BANK AND TRUST COMPANY REGARDING THE PROPERTY LOCATED AT 1611 MADISON STREET. PADUCAH_ KY WHEREAS, on March 21. 2016. the City of Paducah conveyed a piece of property more particularly described in Exhibit A to Michael Warren Hatton and wife, Tonic M. Hatton (collectively; "Hatton"), located at 1611 Madison Street, Paducah, McCracken County, Kentucky (the Property"); and WHEREAS, the aforesaid deed of conveyance to Hatton contained certain restrictions and conditions regarding Hatton's use and development of the Property and provided for a possible forfeiture of title and reversion of title to the City; and 'WHEREAS, Hatton desire to finance their rehabilitation and revitalization of the Property with a construction loan from The Paducah Bank and Trust Company (hereinafter `Paducah Bank') (the "Mortgage Loan"), secured by a mortgage dated May 9, 2016, encumbering the Property in the principal amount of up to $222,700.00, which mortgage is of record in Mortgage Book 1496, page 629, in the McCracken County Clerk's Office (the "Mortgage); and 'WHEREAS, as a condition for providing the Mortgage Loan. Paducah Bank is requiring that the Mortgage be first and superior upon the Property and that the Mortgage securing the Mortgage Loan be superior to any right, title, or interest of the City in the Property reserved or retained in the aforesaid deed from the City conveying the Property to the Hatton. to Miich the City is agreeable. NOW THEREFORE, BE IT ORDERED BY THE 13OARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Recitals and Authorization. The Civ)- hereby authorizes and approves the Subordination Agreement between the City and Paducah Bank (the "Agreement"), in substantially the same form attached hereto as Exhibit A and made a part hereof. It is further determined that it is necessary and desirable and in the best interest of the City to enter into the Agreement for the purposes therein specified. The Mayor of the City is hereby authorized to execute the Agreement, and all other documents and instruments of any kind to be executed or delivered in connection with the Agreement; with such changes in the Agreement not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City or the Cite '.Manager. The approval of such changes, and that such are not substantially adverse to the City. shall be conclusively evidenced by the execution of the Agreement by the authorized official. SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason; the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Order were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any. which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Order are, to the extent of such conflict. hereby repealed and the provisions of this Order shall prevail and be given effect. SECTION 5. Effective Date. This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the City of Paducah, Kentucky. MAYOR ATTEST Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners. June 7, 2016 Recorded by Tammara S. Sanderson, City Clerk, June 7. 2016 \moAagree-subordination-1611 Madison Prepared be demon laic Finn EXHIBIT A SUBORDINATION AGREEME\T THIS SUBORDINATION AGREEMENT made and entered into on this the day of June, 2016, by and bemeen CITY OF PADUCAH, KENTUCKY, a Kentucky municipal corporation of the home rule class (hereinafter "City"), of 300 South 5`' Street. Paducah, KY 42003. and THE PADUCAH BANK AND TRUST COMPANY (hereinafter "Paducah Bank"). of 555 Jefferson Street. Paducah, KY 42001; WITNESSETH: WHEREAS, by deed dated March 21, 2016, of record in Deed Book 1318, page 459. McCracken Counh Clerk's Office. City conveyed to Michael Warren Hatton and wife, Tonic M. Hatton, (collectively '`Hatton'). certain real property located at 1611 Madison Street, Paducah. Kentucky (the "Property"); WHEREAS. the aforesaid deed contained certain restrictions and conditions regarding Hatton' use and development of the Property and proN ided for a possible forfeiture of title and reversion of title to the City. as follows: "This conveyance is made on the condition that if Grantees, his or her heirs and assigns, shall fail to immediately begin bonafide construction of improvements, as approved by Grantor, on the above-described real estate, and said improvements are not completed within 12 months from the date hereof. the real estate herein conveyed shall revert to Grantor. its successors and assigns." WHEREAS. Hatton financed their rehabilitation and revitalization of the Property with a construction loan from The Paducah Bank and Trust Company (hereinafter "Paducah Bank") (the "Mortgage Loan'). secured by a mortgage dated May 9, 2016, encumbering the Property in the principal amount of up to $222.700.00, which mortgage is of record in Mortgage Book 1496. page 629. in the McCracken CountV' Clerk's Office (the "Mortgage"): and WHEREAS, as a condition for providing the Mortgage Loan, Paducah Bank is requiring that the Mortgage be first and superior mortgage upon the Property and that the Mortgage securing the Mortgage Loan be superior to any right, title, or interest of the City in the Property reserved or retained in the aforesaid deed from the City conveying the Property to the Hatton. to vyhich the City is agreeable: NOW. THEREFORE, in consideration of the premises, and to induce Paducah Bank to make the Mortgage Loan to Hatton, and for other good and valuable consideration. City and Paducah Bank agree as follows: City hereby subordinates City's entire right. title, and interest in and to the Property to the lien of the Mortgage. and any renewal, extension, or refinancing of the Mortgage Loan, and to the right. title, and interest of Paducah Bank in and to the Property, as fully and with the same effect as if the Mortgage had been duly executed and recorded and the principal of the note secured by the Mortgage had been fully disbursed prior to the creation or retention of City's right, title. or interest in the Property by virtue of the City's conveyance of the Property to Hatton by the aforesaid deed. 2. It is further hereby agreed that City's aforesaid right, title and interest in the Property shall be deemed automatically extinguished and of no further force and effect in the event and at such time as the Property is sold through a Master Commissioner's Sale pursuant to a foreclosure action to enforce the Mortgage, or any renevaal, extension, or refinancing of the Mortgage Loan: provided, however. that said right. title and interest of the City vyill not be extinguished unless Paducah Bank gives City at least sixty (60) days advance written notice prior to instituting foreclosure proceedings of any default by Hatton under the Mortgage; the Mortgage Loan, or any renewal. extension. or refinancing of the Mortgage Loan, and allo\cs Cit}' to cure any such default. 3. The terns and conditions of this Subordination Agreement shall be binding upon and redound to the benefit of the respecti%e successors and assigns of the City and Paducah Bank. including an} assignee of one or both of the Mortgage; or any renewal, extension. or refinancing of the Mortgage Loan. 4. The City agrees to take or cause to be taken such further action. including the execution. deliN ery. and recording of such further documents, deeds, instruments, and consents as reasonably ma}be requested hereafter by Paducah Bank in order to effect or provide notice of the terms of this Subordination Agreement. 5. fhis Subordination Agreement shall be go%emed by and construed in accordance vN ith the la\\s of the Commormealth of Kentucky. IN TESTIMONY WTIEREOF. witness our signatures on this the _ day of .lune. 2016. CITY OF PADUCAH, KENTUCKY THE PADUCAH BANK AND TRUST COMPANY OR By Gayle Kaler, Mayor Title: Agenda Action Form Paducah City Commission Meeting Date: May 24, 2016 Short Title: Authorize Payment to Clean. Earth, Inc_ for Household Hazardous Waste Collected during 2016 Clean -Up Day ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Chris Yarber, Assistant Public Works Director Presentation By: Chris Yarber, Assistant Public Works Director Background Information: On April 16, 2016 the City of Paducah co-sponsored along with the county a free Clean -Up Day to assist all property owners with disposal of various waste. Household hazardous waste and electronic waste were items collected on this day. In accordance with Kentucky requirements, a Kentucky certified hazardous waste service is required to dispose of all hazardous waste. Clean Earth, Inc,, with an office in Calvert City, KY, is the only certified hazardous collector who is a vendor with the Commonwealth. of Kentucky within this area. Therefore, the service of Clean Earth, Inc, was requested to collect and dispose of household hazardous and electronic waste during the free Clean -Up Day. This year, the collection of household hazardous waste and electronic waste totaled $42,057.70. The partial funding of the free Clean -Up Day is provided by a grant from the Kentucky Division of Waste Management. Goal: ❑Strong Economy Quality Services ®Vital Neighborhoods ❑Restored Do«ntowns Funds Available: Account Name: Fees / Landfill Project Number: MR0065 i al C Account Number: 050-2209-531-200a , Staff Recommendation: To adopt an Ordinance authorizing the payment of $42,057.70 to Clean Earth, Inc., for collection and disposal of household hazardous and electronic waste collected during the free Clean -Up Day on April 16, 2016. Attachments: Invoice Agenda Action Form Paducah City Commission Short Title: 2016-2017 Kentucky Household Hazardous Waste Grant Appli:ation ❑ Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution Staff Work By: Pam Souder, Chris Yarber, Sheryl Chino Presentation By: Steve Ervin Meeting Date: 24 May 2015 ❑ Motion Background Information: The Kentucky Division of Waste Management, through the Household Hazardous Waste Award Program, funds cities across the commonwealth for annual clean-up days. This grant award program provides a partial reimbursement for the expenses incurred by the city for the disposal and advertising/education of Spring Clean-up Day, For the past 24 years, this project has been a collaborative effort between the McCracken County Fiscal Court and the City of Paducah. Through Municipal Order #1895, the Engineering/Public Works and Planning Departments submitted an application for the 2016-2017 Kentucky Division of Waste Management -Household Hazardous Waste Award Program on March 22, 2016. The Engineering/Public Works and Planning Departments have been awarded $25,500 for the 2016-2017 Kentucky Division of Waste Management Household Hazardous Waste Award Program. This grant requires a 25% cash or in-kind match. The City will act as the Lead Agency/Fiscal Agent. The City and McCracken County Fiscal Court will divide the local cash match of $6,375 evenly. As in previous years, the City's share of the local cash match will be paid through the Engineer/Public Works account number C50-2209-531-2004. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns 14 Funds Available: Account Name:�`��z/��, f Account Number:-9�Q00-53-1 2-004 Finance Project Number: z °'6 6 6� ` 4;(b -`�� Staff Recommendation: Authorize and direct the Mayor to execute all requ red grant related documents. Attachments: None Department Bead I City Clerk City Man Agenda Action Form Paducah City Commission Meeting Date: May 24, 2016 Short Title: Lease of property from Jim Smith Contracting, LLC ®Ordinance ❑ Emergency [] Municipal Order ❑ Resolution ❑ Metioa Staff Work By: Mark Thompson, Presentation By: Mark Thompson, Parks Services Director Background Information: The contract between Jim Smith Contracting and the City of Paducah for 6e use of the track of land that accommodates the Farmer's Market pavilion, the downtown restrooms errd serves as a parking lot for many downtown activities has expired. This was originally a ten-year contract Aith tvao 2 -year renewals. The renewal of the contract is for ten years with a monthly payment of S 1,250 per mctn.th. The lease payment will remain the same throughout the length of the contract. Both parties have an "out clms,0 ,with three months written notice. Goal ®Strong Economy ®Quality Services ❑Vital Neighborhoods H Restored Downtowns Funds Available: Account Name: Rent Account Number: 001-2101-534-2409 nan e t� Staff Recommendation: Adopt an ordinance authorizing the Mavor to execute a Lease Agreement with Jim Smith Contracting, LLC for the use of said property. Attachments: Cope of Lease Agreement HHT Denartnicm Head City Clerk ��j�`'rFy tilartzgzr Agenda Action Form Paducah City Commission I'deeting Date: 24 May 2016 Short Title: Repealing E-911 Interlocal Agreement with McCracken County ❑Crdinarce ❑ Emergency ®Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson, Steve Kyle, Brandon Barnftill, Stacey Blankenship Presentation By: Jeff Pederson, Steve Kyle Background Information: The City has notified N[cCracken County oCits intent to tei-millate the Interlocal Cooperation A-reement pertaining to the establishment and operation Of3 joMt City!County 91 1 Enler�ency Communication Seri ice. NtcCrackett County didn't notify the City of its intent to negotiate a new Interlocal Cooperation Agreement. As a rzsu[t, the City is establisltin- a new department c�IlIed the Department of 91 I Communication Services and must repeal the ordinance that created the Interlocal Cooperation Agreement inith lvlcCracken County. Goal: ❑Strong Economy ❑ Quality Services❑ Vital NeighborhoDds❑ Restored Downtowns Funds Available: Finance Account Name: Account Number: Staff Recommendation: Repeal ordinance creating Interlocal Cooperation Agreement with McCracken County for E-911 Attachments: Department Head City Clerk City Manager Agenda Action Form Paducah City Commission h,leeti�: 24 May 2016 Short TTe: Ordinance Establishing the 911 Communications Services Department ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson, Steve Kyle, Brandon Barnhill, Stacey Blankenship Presentation By: Jeff Pederson, Steve Kyle Background Information: The City has notified McCracken County of its intent to terminate the Interlocal CooperatioEl Agreement pertaining to the establishment and operation of a joint City,,'County 911 Emergency Communication Service ending June 30, 2016. 1tcCracken County didn't notiN, the City of its intent to negotiate a riew Interlocal Cooperation Agreement. As a result, the City is establishing a new department called the Department ol' 91 I Communication Services effective Juty t, 20 16 and intends to continue 91 1 operations to ensure that the emergency needs of our citizens and visitors are not interrupted. Goal: ❑Strong Economy D Quality Services❑ Vital Neighborhoads❑ Restored Downtowns Funds Available: Finance Account Name: Account Number: Staff Recommendation: Establish ordinance creating the 911 Comrnunicatior Services Department to be able to continue to meet the emergency needs of our citizens and visitors. Attachments: � li'yj Department Head City Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: Short Title: Request for an Ordinance authorizing payment to a vendor for an aggregate amount over $20,000 in the amount $27745.00 ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Kevin McKellips, Ronnie Rathman Presentation By: Steve Kyle Background Information: This is for the purchase of five difference pieces of rescue equipment from Advanced Fire and Rescue Equipment totaling $27745.00. No one item is over twenty thousand dollars ($20.000), bids were taken, but the aggregate total of all items purchased exceeds ($20,000) and requires an ordinance for purchase. Goal. ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: dY Funds for rescue equipment were included in FYI budget. i ance Account Name: Fire Hoses/Rescue Equipment Account Number. 001-1802-522-40-13 Staff Recommendation: Adoption of ordinance authorizing payment of $27745.00 to Advanced Fire and Rescue Attachments: ORDINANCE NO. 2016 -6 - AN ORDINANCE AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO NLAKE PAY,AENT TO ADVANCED FIRE AND RESCUE EQUIPMENT FOR THE PURCHASE OF RESCUE EQUIPMENT TO BE USED BY THE PADUCAH FIRE DEPARTMENT WHEREAS, the City of Paducah Fire Department received five separate quotes from .Advanced Fire and Rescue Equipment to purchase rescue equipment; and WHEREAS, pursuant to Chapter 2-643 of the Code of Ordinances of the City of Paducah. Kentucky, consent is required by the Board of Commissioner, if the aggregate amount exceeds $20.000; and WHEREAS, the aggregate amount of the purchases totals $27,745.00; and WHEREAS, the Fire Department wishes for the Board of Commissioners to approve the purchase of the rescue equipment. BE FC ORDAINED BY THE CITY OF PADUCAH. KENTUCKY: SECTION L That the City of Paducah hereby authorizes and directs the Finance Director to make payment in the amount of $27,745.00 to Advanced Fire and Rescue Equipment for the purchase of the rescue equipment listed below to be used by the Paducah Fire Department: 401;. GENESIS E -FORCE CUTTER $9,795.00 GENESIS E -FORCE SPREADER 9,250.00 GENESIS E -FORCE BATTERY (2) g 5160 ea. 320.00 GENESIS E -FORCE RANI 7.495.00 GENESIS E -BATTERY PACK 885.00 SECTION 2. These expenditures will be charged to account no. 001-1802-522- SSLCPION 3. This ordinance shall be read on two swarate dais and shall become effective upon summary publication pursuant to KRS Chapter 424. \,layor ATTEST: Tanunara S. Sanderson. City Clerk Introduced b} the Board of Commissioners. June 7, 2016 Adopted by the Board of Commissioners, June 14, 2016 Recorded by Tammara S. Sanderson, City Clerk, June 14, 2016 Publication by The Paducah Sun, ord firerreScue tools purchase 2016 ADVANCED FIRE & RESCUE EQUIPT. CAD:=::_4925 Hitch -Peters Rd. Evansville,IN47711 EMAIL: NADAMS@ADVANCEDFIRERESCUE.COM Name / Address PADUCAH FIRE DEPT. P.O.BOX 2267 PADUCAILKY 42003 Estimate Date Estimate N 5/16/2016 4101 Terms Rep FOB Net 30 NA DFS HN,\'HON Item Description Qty Rate Total I IGIT236NG GENESIS E -FORCE C236 CUTTER NEX-GEN 1 9.795.00 9,795.00 W/BA"FLERY HGEhS45S GENESIS E -FORCE S45S SPREADER W/1 -BATTERY 1 9,250.00 2250.00 HGEF21-36R GENESIS E -FORCE 21%36" RANI W/I-BA IIERY 1 7,495.00 7,495.00 ART.I 10.100.08 GENESIS e-pACK 1:28 13Ah LIPO KIT. BLACK / 1 885.00 885.00 CHARGER- PACK AND CABLE) HGFFBAT GENESIS EFORCE BATTERY 2 160,00 320"00 Quote for Gensis Glbrec 2.0 Tools: C236NG Cuucr, S45 Spreader, 21-36 Rani. All Tools include I Baucp. Per Customer request added 2 spare batteries, --The I IRS 80130 PAK has been replaced by rhe Gcnsis,-P;ck E28 ",Tool Lead Time per the MFG is appro.e 30 Days. Thank you 1Ur our business. Total Agenda Action Form Paducah City Commission Meeting Date: 6/7/2016 Short Title: Tyler Technologies Enterprise Resource Planning Software As A Service Agreement ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: G. Mueller, S. Kyle, J. Perkias, A, Herndon, A. Copeland Presentation By: G, Mueller Background Information: In an effort to address changing business needs the City intends to replace its core business information systems with a new suite of integrated systems. The City has been running its current Sungard HTE business application software since 1995. In May 2015 requests for proposals were solicited from vendors specializing in municipal software systems. Four vendors responded to the request for proposals. After a lengthy evaluation process and mutual agreement to the terms and conditions, the City has selected Tyler Technologies, Inc. to provide Enterprise Resource Planning (ERP) software and services to the City of Paducah. The new ERP system will improve service to residents and increase employee productivity. The City anticipates enhancing its process efficiencies by implementing a system that takes advantage of current technologies and network services. The goals of this software upgrade are to improve information sharing among departments, reduce dependency on custom developed or Excel based applications, streamline business processes, reduce duplicate data entry and paper based processes, increase data accuracy, improve work flow, enhance business efficiencies, and improve customer service. This is a hosted solution, meaning all hardware, softv-,rare and data will be housed in Tyler Technologies data centers. Data communications between the City and Tyler Technologies will be via a secure encrypted network channel. Implementation will be divided into 6 phases scheduled to occur over approximately 45 months. • Phase l — Accounting, General Ledger, Budget, Purchasing • Phase 2 —Accounts Receivable, Citizen Self Service, Business Lic. • Phase 3 — Permits, Code Enforcement Agenda Action Form • Phase 4 —Property Tax Billing • Phase 5 — Payroll, Employee Self Service, Human Resources • Phase 6 — Work Orders, Fleet and Facilities Management Page 2 One time fees for the project, include Business Process Review, Data Conversion, Implementation, and Training total $785,740. Travel expenses are estimated at $155,540. Recurring Software As A Service (SaaS) fees will be billed on a quarterly basis. The SaaS fees for the term of the 7 year contract as defined in "Exhibit B Invoicing and Payment Policy" of the Software As A Service Agreement total $1,744,798. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: EQ0022 Software Upgrade Account Number: Finance Staff Recommendation: Adopt an ordinance authorizing the Mayor to execute a contract with Tyler Technologies, Inc. for Enterprise Resource Planning Software As A Service. A copy of the contract agreement and the statement of work are available for review in the City Clerk's office. Attachments: Tyler Technologies Software As A Service Agreement Tyler Technologies ERP Solutions Statement of Work Department Head City- Clerk City Manager 975a0 ORDINANCE NO. 2016 — 6 - AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TYLER TECHNOLOGIES FOR THE LICENSE OF SOFTWARE AND 'THE PROCUREMENT OF RELATED PRODUCTS AND SERVICES WHEREAS, Ty ter Technologies, Inc. has offered to provide the City with a soft«are and related products and services that wit[ accommodate the City's data processing needs, which offer is defined by the terms contained in a "Software as a Service Agreement and WHEREAS, the software and related products and services provided under that agreement will enhance the City's data processing capabilities, and improve the efficient}of the City's governmental operations and services. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission does hereby accept the terms contained in the '`Software as a Service Agreement", and approve the execution of that agreement. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute the "Software as a Service Agreement" in behalf of the City. SECTION 3. This ordinance shall be read on two separate days and wilt become effective upon summary publication pursuant to KRS chapter 42.4. MAYOR ATTEST Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, June 7, 2016. Adopted by the Board of Commissioners, June 14, 2016. Recorded by Tammara S. Sanderson, City Clerk, June 14, 2016. Published by The Paducah Sun, 2016. \ord\contract-software 2016 Prepared b, Uhb ty I e r • technologies SOFTWARE AS A SERVICE AGREEMENT This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler's proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutualcovenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A — DEFINITIONS • "Agreement" means this Software as a Services Agreement. • "Business Travel Policy" means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B, • "Client" means the City of Paducah, Kentucky. • "Data" means your data necessary to utilize the Tyler Software. • "Data Storage Capacity" means the contracted amount of storage capacity for your Data identified in the final "Comment" to the Investment Summary. • "Defect" means a failure of the Tyler Software to substantiallycanform to the functional descriptions set forth in our written proposal to you, or their unctional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions forsuch future functionality will be set forth in our then -current Documentation. • "Defined Concurrent Users" means the number of concurrentusers that are authorized to use the SaaS Services. The Defined Concurrent Users for the Agreement are 75. • "Developer" means a third party who owns the intellectual property rights to Third Party Software. • "Documentation" means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or seff4dp documentation. • "Effective Date" means the date on which your authorized representative signs the Agreement. • "Force Majeure" means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fre, natural disaster, or any other cause that could not with reasonable diligence be foreseen 0, prevented by you or us. • "Investment Summary" means the agreed upon cost proposalfor the products and services attached as Exhibit A, * "Invoicing and Payment Policy" means the invoicing and payrrent policy. A copy of our current Invoicing and Payment Poficy is attached as Exhibit B. • "Personal Information" means all information submitted by or maintained on your taxpayers, and any other information you designate as personal informatipn. • "SaaS Fees" means the fees for the SaaS Services identified in the Investment Summary, • "SaaS Services" means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, support services for the Tyler Software under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • "SLA" means the service level agreement. A copy of our current SLA is attached hereto as Schedule 1 to Exhibit C, • "Support Call Process" means the support call process applicable to all of our customers. A copy of our current Support Call Process is attached as Schedule 2 to Exhibit C. • "Third Party End User License Agreement(s)" means the end user license agreement(s), if any, for the Third Party Software attached as Exhibit D. • "Third Party Hardware" means the third party hardware, if any, identified in the Investment Summary. • "Third Party Products" means the Third Party Software and Third Party Hardware. • "Third Party Software" means the third party software, known as DocOrigin, that is embedded in the "Tyler Forms Processing" module identified in the Investment Summary. • "Tyler" means Tyler Technologies, Inc., a Delaware corporation. • "Tyler Software" means our proprietary software and related interfaces identified in the Investment Summary. • "we", "us", "our" and similar terms mean Tyler. • "you" and similar terms mean Client. SECTION B — SAAS SERVICES Rights Granted. We grant to you the non-exclusive, non -assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Concurrent Users only. Your consultants, contractors, external customers and business partners may use the SaaS Services to access the Tyler Software, subject to the limitations set forth herein, including but not limited to the limitations on Defined Concurrent Users, Data Storage Capacity, and confidentiality, You are responsible in all events for the compliance of the foregoing consultants, contractors, external customers and business partners, in all respects, with the termsof this Agreement, and our responsibilities under this Agreement are only and directly to you. in the event you meaningfully and regularly exceed the number of Defined Concurrent Users, we will notify you and adjust the Defined Concurrent User count and/or your SaaS Fees accordingly, Access to the Tyler Software will be provided under the terms of the SLA. You acknowledge thatwe have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services, SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Concurrent Users and amount of Data Storage Capacity. You may add additional concurrent users or additional data storage capacity on the terms set forth in Section H(1) and the "Comments" to the Investment Summary. 3. Ownership. 3.1 We retain ali ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services. 3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. You must retain all proprietary notices, logos, copyright notices, and similar markings on all such copies. 3.3 You retain all ownership and intellectual property rights to the Data. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the :hind party's business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement. Software Warranty. We warrant that the Tyler Software will perform without Defects, during the term of this Agreement. If the Tyler Software does not perform asvwarranted, we will use ail reasonable efforts, consistent with industry standards, to cure theGefect in accordance with the SLA and our then current Support Call Process, We represent and warrant that (i) we have good and marketable title to the Tyler Software, free and clear from all liens, encumbrances, and claims of infringement of patent, copyright, trade secret or other proprietar-( rights of third parties; and (ii) neither the Tyler Software in the form initially delivered by us to yo u, nor any modifications, enhancements, updates or upgrades thereto, when used by you according to the terms of this Agreement, will infringe any patent, copyright, trademark, trade secret or other proprietary right of any third party. In the event of any third -party infringement claim, the Section G(1) will apply. SaaS Services. As part of the SaaS Services, and for so long as you timely pay your then -current SaaS Fees, we will make the Tyler Software available to you as set forth in the SLA, and provide help desk support services according to the Support Call Process. We will also provide you with the maintenance and support services set forth in Section C(9). Finally, we make the following additional commitments regarding the SaaS Services: 6.1 Our SaaS Services are audited at least yearly in accordance vviti the AICPA's Statement on Standards for Attestation Engagements ("SSAE") No. 16, Soc 1, -Type 2. We have also completed the Soc 2, Type 1 audit, and we are planning the Soc 2, Type 2audit. We commit to those audits on an annuai basis going forward as well. We will maintain such compliance, or its equivalent, for so long as you are timely paying for SaaS Services. Upon execution of a mutually agreeable Non -Disclosure Agreement ("NDA"), we will provide you with a summary of our SSAE-16 compliance report or its equivalent. Every year thereafter, forso long as the NDA is in effect and in which you make a written request, we will provide that3arne information. 6.2 You will be hosted on shared hardware in a Tyler data center, 6 ut in a database dedicated to you, which is inaccessible to our other customers. Tyler operates co -locations at geographically distanced locations (as of the Effective Date, one in Yarmouth, Nla ine and the other in Dallas, Texas). 6.3 We have fully -redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event any of your data has been lost or damaged due to an act or omission of Ty4er or its subcontractors or due to a defect in Tyler's software, we will use best commercial efforts to restore all the data on servers in accordance with tie architectural design's capabilities and with the goal of minimizing any data loss as greatly as possible. In no case shall the recovery point objective ("RPO") exceed a maximum of t,venty-four (24) hours from declaration of disaster. For purposes of this subsection, RPOrepresents the maximum tolerable period during which your data may be lost, measured in relation to a disaster we declare, said declaration will not be unreasonably withheld. 6.4 In the event we declare a disaster, our Recovery Time Object -ire ("RTO") is twenty-four (24) hours. For purposes of this subsection, RTO represents the amount of time, after we declare a disaster, within which your access to the Tyler Software must be restored. 6.5 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the netwokrk and to log and block any such activity. We will provide you with a written or electronic recd rd of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. In the event of a data security breach, we will provide you with notice of the breach consistent with KRS 365.732, 6.6 We test our disaster recovery plan on an annual basis. Our standard test is not client -specific. Should you request a client -specific disaster recovery test, we wi II work with you to schedule and execute such a test on a mutually agreeable schedule. 6.7 We will be responsible for importing back-up and verifying that you can log -in. You will be responsible for running reports and testing critical processesto verify the returned data. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request. 6.8 We provide secure data transmission paths from each of your Aorkstations to our servers. 6.9 For at least the past ten (10) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. Our data centers are accessible only by authorized personnel with a unique key entry. All other visitors must be signed in and accompanied by authorized personnel. Entry attempts to the data center are regularly audited by internal staff and externa! auditors to ensure no unauthorized access. 6.10 We recognize that you have a statutory duty to maintain all Personal Information on a strictly confidential basis, and that you must safeguard that information from any unauthorized access or disclosure. We shall establish and maintain adequate security procedures to prevent any unauthorized access and disclosure of that information. We shall also ensure that our employees, agents, professionals, contractors and other related third parties will not have access to that information, except to the extent necessary to perform under this Agreement, or to disclose any of that information to any third person, except as provided in Section H(17). Should we become aware of any unauthorized access or disciosure of such information, we shall take immediate action to remedy the unauthorized activity, and 1irnplement additional security measures to further safeguard the confidentiality of the information. In addition, we shall conduct a thorough risk assessment of the unauthorized access or disclosure, and shall provide you with the non -confidential results of that risk assessment and the actions and measures we have taken to further protect the information. 6.11 We warrant that the collection, access, use, storage, disposal and disclosure of Personal Information shall comply with all applicable federal and stateprivacy and data protection laws, as well as all other applicable regulations and directives. We shall at all times maintain administrative, physical and technical safeguards to protect your Personal Information that are no less rigorous than accepted industry practices and standards, including the practices and standards set forth in ISO/IEC 27001:2005 (Information Security Management Systems — Requirements), ISO -IEC 27002: 2005 (Code of Practice for International Security Management), the Information Technology Library (ITIL), and the Control Obectives for information and related Technology (COBIT). 7. Successor Software. As long as you maintain a continuous Maintenance Agreement with us for the Tyler Software and (i) in the event Tyler Software is no longer supported, and (ii) we make available successor software products (e.g., software products based on a new technical architecture) ("Successor Products") with substantially similar price, features, and functionality to the Tyler Software within ten (10) years from the Effective Date, then you,at your sole discretion, may transfer the Tyler Software to the Successor Products for no additional license fees. In the event the you elect to transfer your license from the Tyler Software to the Successor Products, you shall return to us the originally licensed Tyler Software and pay the then -current maintenance fees for the Successor Products, and fees for services, third party hardware and software associated with the transfer to the Successor Products, at our then current rate(s). SECTION C — OTHER PROFESSIONAL. SERVICES I. Other Professional Services. We will provide you the various implementation -related services itemized in the Investment Summary. You will receive those services according to the Statement of Work, which outlines roles and responsibilities in calendar and project documentation. 2. Professional Services Fees. Subject to your rights under Section E(2), you agree to pay us the professional services fees in the amounts set forth in the investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 3. Additional Services. The Investment Summary contains the scopQ of services and related costs required for the project based on our understanding of the specifications provided in the RFP, the scope set forth in the Statement of Work. We, through the exercise of our professional judgment and expertise, warrant that the services included in the Agreement are reasonably sufficient to deliver the scope of work as mutually agreed and indicated in and through this Agreement upon its execution, provided you timely meet your obligations pursuant the Agreement. In the event that services are not reasonab€y sufficient to d6ver the scope of work, at no fault of yours, we will complete the scope of work at no additional cost to you. If additional work is required beyond the mutually agreed scope defined in the Statement of Work, or if ycu use or request additional services, we will provide you with an addendum or change order outlining the costs for the additional work and the impact to the project schedule. The price quotes in the addendum or change order will be valid for sixty (60) days from the date the change order is provided. We will not invoice you additional fees or expenses beyond those set forth in the change order or amendment without your prior written consent. Services added by addendum or change order will be subject to the applicable payment terms set forth in the Invoicing and Payment Policy, and will otherwise be subject to the applicable terms and conditions set forth in this Agreement, unless expressly stated otherwise in the addendum or change order. 4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) .weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments. 5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re -perform such services at no additional cost to you. We agree at all times to maintain an adequate staff of experienced and qualified employees for efficient performance under this Agreement. 6. Personnel. In the event our personnel provide services that do not conform to the warranties herein, we will be given an opportunity to correct the deficiency. In the event the deficiency persists, you may require the removal of personnel in question. We will work towards a mutually agreeable remedy in the event of a change in personnel, including managing the effect upon the timelines and milestones set forth in the Statement of Work andthe project plan. Replacement personnel shall, at no additional cost to you, devote sufficient time to becoming familiar with the project before delivering services to you. 6.1 We agree that all persons working for or on behalf of us whose duties caring them upon your premises shall obey the applicable rules and regulations thatare established by you and shall comply with the reasonable directions of the your officers. 6.2 We shall be responsible for the acts of our employees and agents while on your premises. Accordingly, we agree to take all necessary measures to prevent injury and loss to persons or property located on your premises. In the event of any such injury or loss, Section G(2) shall apply. 6.3 We agree that, in the event of an accident resulting in bodily injury or damage to property of which we have knowledge, we will immediately notify your contact person and thereafter, if requested, furnish a Ul written report of such accident. If you have not identified to us a contact person for notice of these accidents, then we will provide the notice to your project manager. 6.4 You shall have no responsibility for the loss, theft, mysterious disappearance of, or damage to equipment, tools, materials, supplies, and other personal property of ours or our employees, subcontractors, or material -men to the extent caused by a third -party or by our employees, subcontractors or material -men. Site Access and Requirements. You agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide the services, subject to any reasonable security protocols or other written policies provided to us. We shall have no right to access any other facilities of yours. You further agree to provide a reasonably suitable environment, location, and space for the installation of the Third Party Products. You shall also extend parking privileges to properly identified members of our onsite staff on the same basis as they are extended to your staff 8. Client Assistance. You acknowledge that the project outlined in bis Agreement is a cooperative process requiring the time and resources of your personnel. Youagree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones set forth in the Statement of Work or otherwise mutually agreed to. This cooperation includes at least working with us to schedule the implementation -related services you have contracted for. We will not be liable for failure to meetany deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). 9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, we will: 9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (limited to the then -current version and the immediately prior version); 9.2 provide telephone support during our established support hours, as further described in the Support Call process; 9.3 maintain personnel that are sufficiently trained to be familiarwith the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 9.4 maintain a master set of the Tyler Software on appropriate media, and make available to you all major and minor releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 9.5 provide support of prior releases of the Tyler Software in accordance with our then -current release life cycle policy. We will use all reasonable efforts to perform support services remotely. Currently, we use a third -party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a supportissue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonatle distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no char;e to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes, For the avoidance of doubt, your SaaS Fees do not include tha Following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the-iylerSoftware, as set forth above); (b) application design or installation of the Tyler Software; (c; other consulting services; or (d) support outside our normal business hours as listed in our than -current Support Call Process. Requested services such as those outlined in this section willbe billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks' advance notice. 10. Tyler Software Acceptance. Upon our notification to you that we have completed implementation of all of the Tyler Software components for each phase, as set forCi in the Statement of Work, and that those components are ready for your testing, you shall begin testing the components in a non- production environment using the test procedures and standards set forth in the Statement of Work, project plan, or such other procedures and/or standards to Arhich we mutually agree (collectively, the "Acceptance Test Procedures"). Except as otherwise provided in the project plan, the duration of the Acceptance Test Procedures will be forty-five(15) calendar days from our notice to conduct the Acceptance Test Procedures. if there are no Prior:trLevel 1 Defects, as defined in the Support Call Process, identified during that testing period, yojwill notify us that "Conditional Acceptance" has been achieved. If you determine that there is aPrbrity Level 1 Defect, as defined in the Support Cal{ Process, you will deliver a written report to uscf the Defect(s). We will correct the Defect(s) and you may repeat the Acceptance Test ProcedureSfOr forty-five (45) calendar days following our notice that the identified Defect(s) have been corrected. This procedure shall repeat until your confirmation that Conditional Acceptance has been ad l?aed. Once Conditional Acceptance of each phase has occurred, and the Tyler Software I-asbeen moved to a production environment, you will begin using the Tyler Software in that proeucJorn environment. If you operate the Tyler Software in a production environment without Priority Level 1 Defect, as defined in the Support Call Process, for sixty (60) calendar days from thedate the Tyler Software is moved to a production environment then "Final Acceptance" will be issued. Final Acceptance may occur by each independent phase, and by the Tyler Software as a whole upon phase closure and project closure, as applicable and as described in the Statement of Work If any Priority Level 1 Defect, as described in the Support Call Process, is resolved within the last `ifteen (15) days of the Final Acceptance period, then you may continue acceptance testing ina production environment for an additional fifteen (15) days, beginning on the 61St day of Final Acceptance testing. Final Acceptance will not release us from our warranty and maintenance and support obligations under this Agreement. 11. Failure of Acceptance Test Procedures: If after conducting the Acceptance Test Procedures, the Tyler Software as a whole does not perform without Defect, or if we `ail to materially adhere to these Acceptance Test Procedures at your reasonable discretion, you shall have the option, upon notice to us to; (i) terminate this entire Agreement for cause in accordance with the provisions of this Agreement; or (ii) accept the Tyler Software as a whole at its then -current level of performance; or (iii) permit the Acceptance Test Procedures to be further extended for such period as mutually agreed upon by the parties in writing; or (iv) accept those modules of the Tyler Software as whole that pass the Acceptance Test Procedures and require us to conform the remaining portions to the requirements of the Agreement; or (v) pursue such remedies as niay be available to you at law or in equity. SECTION D —THIRD PARTY PRODUCTS Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary, Those amounts are payable in accordance with our Invoicing and Payment Policy. 2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party End User License Agreement(s), 3. Third Party Products Warranties, 3.1 We are authorized by each Developer to grant access to the Third Party Software. 3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware. 3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Prcjucts. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products. SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES Invoicing and Payment. We will invoice you the SaaS Fees and fees forother professional services in the Investment Summary per our Invoicing and Payment Policy, sib eet to Section E(2). Invoice Disputes. If you believe any delivered product or service does not conform to the warranties in this Agreement, or you contest the propriety of any fee we have charged under this Agreement, specifically including fees that are charged for additional productsand services, you may withhold fees for such nonconforming products or services so long as you provide written notice to us within fifteen (15) days of your receipt of the applicable invoice. The written notice must contain sufficient detail of the issues you contend are in dispute. We will provide a written response to you that will include either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice, We will work together as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may only withhold payment of the amount(s)actually in dispute until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including SaaS Services, if you fail to pay an invoice not disputed as described above. SECTION F —TERM AND TERMINATION 1. Term. The initial term of this Agreement is seven (7) years from the first day of the first month following the Effective Date, unless earlier terminated as set forth below. Upon expiration of that 7 - year term, this Agreement will renew automatically for additional one (1) year renewal terms at our then -current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then -current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement. Termination. This Agreement may be terminated as set forth be'ow. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prbar to the effective date of termination. In the event of a termination for any reason other than cause, any disputed fees and expenses must have been submitted to the invoice dispute res0ition process set forth in Section E(2) prior to termination. Upon your written request, and withina mutually agreeable timeframe, we will return your Data to you in a standard SQL format to the destination you designate. In addition, if requested by you, we will provide reasonable transition services during the six (6) month period beginning on the effective termination date. Those services will be provided at our then - current rates. 2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don't cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate, 2.2 For Cause. In the event that either party shall fail to maintain or keep in force any of the terms and conditions of this Agreement, the aggrieved party may notify the other party in writing via certified mail of such failure and demand that the same be remedied within thirty (30) calendar days, Should the defaulting party fail to remedy the same within said period, and should the parties fail to agree to some other action plan, the aggrieved party shall have the right to terminate this Agreement by giving the other party twenty (20) days' written notice. In addition, if at any time a voluntary petition in bankruptcy 5,11311 Le filed against us and not be dismissed within thirty (30) days, or if we shall take advantage of any insolvency law, or if a receiver or trustee of our property shall be appointed and such appointment shall not be vacated within thirty (30) days, you shall have the right, in addition to any other rights of whatsoever nature that you may have at law or in equity, to terminate the Agreement by giving us thirty (30) days' notice in writing of such termination. For the avoidance of doubt, this provision does not limit your right to seek damages, losses and expenses (including reasonably attorneys' fees) that you reasonably incur as a result of our default as set forth herein, subject to the limitation of liability set forth in Section G(4). 2.3 For Convenience. You may terminate the Agreement for convenience on thirty (30) days' prior written notice. Upon termination, you shall remit payment for all products and services delivered to you and all expenses incurred by us prior to our receipt of the termination notice. You will not be entitled to a refund or offset of previously paid SaaS Fees and other fees. 2.4 Force Majeure. Neither party shall be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure, Force Majeure will not be allowed unless: (a) Within ten (10i business days of the occurrence of Force Majeure, the party whose performance is delayed thereby provides the other party or parties with written notice explaining the cause and extent thereof, as well as a request for a time extension equal to the estimated duration of the Force Aajeure events; and (b) Within ten (10) business days after the cessation of the Force Majeure &,,ent, the party whose performance was delayed provides the other party written notice of the tine at which Force Majeure ceased and a complete explanation of all pertinent events pertainingto the entire Force Majeure situation. Either party will have the right to terminate this Agreement if Force Majeure suspends performance of SaaS Services or scheduled tasks by one or more parties for a period of forty-five (45) or more days from the scheduled date of the task. This paragraph will not relieve you of your responsibility to pay for services and goods provided to you and expenses incurred on behalf of you prior to the effective date of termination. You will not be entitled to a refund or offset of previously paid SaaS Fees or other fees in the event of a Force Majeure termination. In the event we are unable to provide you with the SaaS Services during a Force Majeure event, you will be excused from paying your SaaS Fees during the suspension period only. We shall adjust our quarterly invoice to incorporate a pro rata reduction for those excused fees. 2.5 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally te,,rninate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees, You agree not to use termination for lack of appropriations as a substitute for termination for convenience. 2.6 Fees for Termination without Cause during Initial Term. If you terminate this Agreement during the initial term for any reason other than cause, Force Majeure, or lack of appropriations, or if we terminate this Agreement during the initial term for yourfa'lure to pay SaaS Fees, you shall pay us the following early termination fees, a. if you terminate during the first year of the initial tenr:, 100% of the SaaS Fees through the date of termination plus 75% of the SaaS Fees then due for the remainder of the initial term; if you terminate during the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 50% of the SaaS Fees then due for the remainder of the initial term; and c. if you terminate after the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 25% of the SaaS Fees then due for the remainder of the initial term. SECTION G —INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Intellectuai Pro ert Infrin ement Indemnification. 1.1 We will defend, indemnify, and hold you harmless against anythird party claim(s), as well as associated losses, liabilities, judgments, damages, awards or costs (including reasonable legal fees and expenses) that the Tyler Software infringes that thirol party's patent, copyright, or trademark, or misappropriates its trade secrets, and will payt:he amount of any resulting adverse final judgment (or settlement to which we consent), You must notify us promptly in writing of the claim and give us sole control over its defense,)( settlement. You agree to provide us with reasonable assistance, cooperation, and infa'mation in defending the claim at our expense. 1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your: (a) combining the Tyler Software+Mth any product or device not provided, contemplated, or approved by us; (b) altering or mod ifying the Tyler Software, including any modification by third parties at your direction orotherwise permitted by you; (c) use of the Tyler Software in contradiction of this Agreement) ncluding with non -licensed third parties; or (d) willful infringement. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non -i nfringing; or (c) replace it with a functional equivalent. 1.4 If, as a result of an infringement or misappropriation claim, your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option aid expense, either: (a) procure the right to continue its use, (b) modify it to make it non -infringing, to the extent you reasonably agree to the modification; (c) replace it with a functional equwa!ent to which you reasonably agree; or (d) terminate this Agreement and refund the unused SaaS Fees. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2 General Indemnification, 2.1 To the fullest extent permitted by law, we shall indemnify, held harmless, and defend you and your agents, employees, officers and successors, from and aga;rst any third -party claims, causes of action, damages, losses and expenses, including but not lire iced to attorney's fees, arising out of or resulting in any way from our performance of this Agreement, provided that such claim, cause of action, damage, loss or expense is attributable to (i)!Dadily injury, sickness, disease; or death to any person, including employees or agents of ours cr a-ir subcontractor, or to injury to or destruction of tangible property including loss of use resul'ing therefrom, or (ii) the unauthorized disclosure of your Personal Information, but ineither case only if caused in whoie or in part by a negligent act or omission of ours, our subcontractor, anyone directly or indirectly employed by us or them, or for whose acts we or they may b, liable, regardless of whether or not such claim, cause of action, damage, loss or expense is caused in part by you. We shall not be obligated to hold harmless, indemnify, or defend you or yo uragents, employees, officers, or successors if the claim, cause of action, damage, loss or expeise arises from your sole negligence or fault. 2.2 We shall assume your defense pursuant to the provisions of the paragraph above within fourteen (14) days of receipt of written notice of the claim fromyou. Any legal cost or expense, including attorney's fees, incurred by you for enforcement ofyour rights under the paragraph above between the time by which we should have assumed dour defense and the time when we actually assume your defense shall be reimbursed by us. Yo4 shall provide reasonable cooperation to our defense, which will be at our expense. If'{ou choose to participate otherwise in the defense, any fees or expenses you incur in teat regard shall be borne by you. 3 DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, DR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONCITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON ATHEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE GREATER OF $00,000 OR THE TOTAL FEES YOU HAVE PAID UNDER THIS AGREEMENT ATTHE TIME OF YOUR CWM, THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATIONQF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTION G(1) or G(2), OR TO CLAIMS ARISING OUT OF OR RESULTING FROM OUR BAD FAITH, GROSS NEGLIGENCE OR INTENTIONAL OR WILLFUL MISCONDUCT. 5 Insurance. At your written request, we will provide our certificate of insurance on the standard Acord form used by our insurance provider, which provider shall have an A -Best's rating of B+VII or higher. We will maintain that insurance from at least the date we begin prov':i ng services under the Agreement through at least three (3) years from completion of the implementation. In the event our policies are canceled or there is a reduction in coverage, notice will be provided according to the terms of the underlying policy. You shall be named as a primary additional insured on our commercial general liability and automobile liability policies, without any contribution from any insurance or self-insurance of yours, unless prohibited by Kentucky Statutes. During the course of performing services under this Agreement, rre agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability or Errors and Omissions Insurance wi,h the provision to purchase an unlimited tail and a limit of at least $2,000,000; and (d) A minimum umbrella policy of $3,000,000; (e) Statutory Workers Compensation complying with applicable statutory requirements. The coverage shall be the minimum amounts and shall not be diminished during the term of this Agreement. SECTION H — GENERAL TERMS AND CONDITIONS Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twenty-four (24) months from the Effective Date by executing a mutually agreed addendum. We will also hold the hourly rate for consulting services set forth in our Proposal ($220/hour) for that same period of time. If no rate is provided in the Investment Summary, or those twenty-four (24) months have expired, you may purchase additional products and services at our then -current list price, also by execXrg a mutually agreed addendum. The terms of this Agreement will control any such additional purthase(s), unless otherwise specifically provided in the addendum. 2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twenty-four (24) months from the Effective Date. Dispute Resolution. You agree to provide us with written notice,Vthln thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will meet within thirty (30) days of the written dispute notice, unless otherniise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any srnilar applicable state rule. As part of the dispute resolution, the senior representatives may considerthe advisability of making Tyler personnel available onsite to help facilitate resolution of the issue giving rise to the dispute, as applicable. If we fail to resolve the dispute, we will submit the dspute to non-binding mediation in Paducah, KY. If the mediation is unsuccessful, either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this sect?on shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable U.S. taxes to theproPer U.S. authorities and you will reimburse us for such taxes. If you have a valid direct -pay perrn't, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxesarising from our performance of this Agreement. Nondiscrimination. We will not discriminate against any person ern ployed or applying for employment concerning the performance of our responsibilities -.rder this Agreement. This discrimination prohibition will appiy to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly oritdirectiy relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a pa rticular job or position, height, weight, marital status, or political affiliation. We will post, whereap;propriate, all notices related to nondiscrimination as may be required by applicable law. Non -collusion. We hereby represent and agree that we have in no ,vay entered into any contingent fee arrangement with any firm, employee of yours, or other person or entity concerning the obtaining of this Agreement. 7. E-Veri . We have complied, and will comply, with the E -Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 8. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 9. Successors and Assigns; Assignment. Each party binds itself, is partners, successors, assigns and other legal representatives to all covenants, agreements, and obligations contained in this Agreement. Neither party may assign this Agreement, or any part thereof, without the prior written consent of the other party; provided, however, that your consent is not required in the event we have a change of control. 10. No Intended Third Party Beneficiaries. Notwithstanding any accommodation set forth in Section B(1), this Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. 11, Entire Agreement; Amendment. This Agreement, including the attached exhibits and your RFP and our Proposal, which are incorporated by reference, represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. 4n the event of conflict between your RFP, our Proposal and the Agreement (including the attached exhibits), the order of priority shall be (a) the Agreement (including the attached exhibits); (2) our Proposal; and (3) your RFP. This Agreement may only be modified as follows: In the event that you and we agree that the changes would be of a minor and non -material nature, they may be effected by a written statement that describes the situation and is signed, prior to taking effect, by an authorized representative of you and us. In the event that the changes are major and/or material, then the change shall be effected by formal written amendment, approved by your governing Board of Commissioners and signed by an authorized representative of you and us. Any such modification to the Agreement shall be incorporated by reference as if fully set forth herein. 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non -enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non -enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 15, Notices. All notices or communications required or permitted as a part of this Agreement must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, retu,n receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email del+very; or (d) if not actually received, ten (10) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requesterli affixed and addressed to the other party at the address set forth on the signature page hereto orsuch other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party, 16. Client Lists. You agree that we may identify you by name in clien- lists, marketing presentations, and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential'nformation and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and f.Arther agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents, The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at th.e time of initial disclosure; (c) a party receives from a third party who has a right to disdase it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreemev; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Business License. In the event a local business license is requiredfor us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 19. Governing Law. This Agreement will be governed by and construed it accordance with the laws of the Federal Government of the United States of America and thelavrs of the State of Kentucky, without regards to its rules on conflicts of law. The applicable lav, for any legal disputes arising out of this contract shall be exclusive#y the law of (and all actions hereu ndershali be brought in) the State of Kentucky, and the forum and venue for such disputes shat be exclusively in the federal or state courts of competent jurisdiction in or serving Paducah, KY, to which courts the parties agree to submit personal jurisdiction. By execution of the Agreement, each of the parties consents to be bound to the exclusive jurisdiction of such courts, and waives the right to challenge jurisdiction or venue in such courts. Each party also waives its right to a trial byjury. In the event a dispute must be resolved through litigation, the prevailing party shall be entitled to recover the costs and expense of the dispute from the other party, including reasonable attorney's fees. 20. Multiple Ori ina€s and Signatures, This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Anyelectronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreemertor any amendment hereto will be deemed an original signature and will be fully enforceable as if a,, original signature. 21. Contract Documents. This Agreement includes the following exhibits: Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Schedule 1: Service Level Agreement Schedule 2: Support Call Process Exhibit D Third Party End User License Agreement Exhibit E Paducah Request for Proposal Exhibit F Tyler's Proposal to Paducah IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Tyler Technologies, Inc. ERP & Schools Division Name: ")Lt Title: V S�CGi�L ' /� a4L- Date: 31 20 lCo Address for Notices: Tyler Technologies, Inc, One Tyler Drive Yarmouth, ME 04096 Attention: Associate General Counsel City of Paducah By: Name: Title: Date: Address for Notices: City of Paducah 300 S Fifth Street Paducah, KY 42002 Attn: d m cn / % 7 { / � \ » \ � \ Al E / \ 75 _ 40PO / ee \ \ \ \ \ =/ \ S \ e \ Z = ( > ƒ \ B E y \ \ \ \ \ \ \ \ \ \ 0 2 J 0 0 2 m cn % G { \ � \ E 40PO / ee w =/ \ \ \ e % Z = m cn k F: 3 0 LL0 0 { E / % > § 2 \ \ y E 0 { 0 / \ / E / f = § \ @ a % / % n % 2% c W < / t e o m 2 \« t E % f 0 a) � ƒ / co / \ / - £ f \ ƒ f k F: 3 0 LL0 0 � $ to - $ S k � � 2 .0 � k � / / [ 0 / / , 2 n \ b d ƒ 2 / \ E J ® k E § ) § \ \ m § °k ¥ / / / / 2 m Of m = s m == m e « E ° 4 S \ } m 3 \ CD \ ./ % \ \ IL n ( \ \ \ \ \ / CD b \ \ ¥ ® / E . 2 / c \ \ \ \ / / f • m $ f v \( /®\ m U g U U U/ /- § 7 f E / ¢ E ƒ / $ $ k c ± % 0 2 2 / _- / % / _G _, .0 O O O O O a) N bo O O O O cl O> N 69 O co 0 M J a P z LU 0 LL z 0 U O O O E9 C _ C C O O N N @ U UU a E C M O a7 Q 0M o ~O a) -a U ~ a. 0) J o p N p (n W [� cin m ro c @ 97 (6 (0 Q @ OM U in C cn 7 p v "O O N _ C V N cn C O @ U N 3 O X Q7 QS Q_' } rA O Q m m m m U lL C7 Ca 2 C a o�o, rn a, rn o, m C C C C C C C C C C x W Q O = - . .— + — . + — r «� . y � i r M "J U] rn (n In V7 N Gn N U1 rn N N fA t. 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E § : k $ 7 � E R k a c _ 1 m � 0 / 0 e S a _ k P 3 § \ u § . 2 m � $ 2 \ \\ 0 = § % } 2 \ / S§ «<= k 0 o @ § \ O 0 0 0 @} / O e \ \ 2/0) E 2 ' ƒ \ V) \ \ E S > % m \ » / ( o * 3 \ y\ _G � ƒ E\ e r \ 0\n O / E.g [ £ / 5 / E \ CL e ƒ 0 \ 4 E ( f m E f / e ƒ 0 \ E 1 ® \ § k. 0• ' ` @ 2 3 U { e\ \ ( / f O 0 / 9 0 E / o f _ \ k 0- e 2 / e < » / \ 15 \ p / f I z \ \ I ¥ e ± \ S 3 k P 3 § \ u tylere••,� technologies Exhibit B Invoicing and Payment Pal icy We will provide you with the software, products, and services set for4 in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have them eaning assigned to such terms in the Agreement. Invoicing: We will invoice you for the applicable products and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in yojr Agreement. SaaS Fees. Notwithstanding the annual lump sum amounts set forth in the Investment Summary, during the initial term, your SaaS Fees will be invo.ced in advance on a quarterly basis as set forth below: July 1, 2016: $51,859.47 October, 2016: $51,859.47 January 1, 2017: $51,849.47 April 1, 2017: $51,849.47 July 1, 2017: $56,532.26 October 1, 2017: $56,532.26 January 1, 2018: $58,788.06 April 1, 2018: $62,835.86 July 1, 2018: $62,835.86 October 1, 2018: $62,835.86 January 1, 2019: $64,508.23 April 1, 2019: $64,508.23 July 1, 2019: $65,499.00 October 1, 2019: $65,499.00 Each remaining quarter of the initial term, as defined in Secton F(1): $65,499.00 Your SaaS Fees during any renewal term will be at our then- irrent rates and payment terms. 2. Other Tyler Software and Services. 2.1 Project Plonning Services: Project planning services ($6,00) are invoiced upon delivery and acceptance, as set forth in Section C(10) of the Agreement, of the implementation planning document. 2.2 VPN Device: The fee for the VPN device ($4,000) will be invoiced upon installation of the VPN. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a "mid-size" or "intermediate" car. "Full' size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; additional insurance on the rental agreement should be declined. I. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are uravailabie or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttie to the airport, tips are included in the per diem rates and will not be reimbursed separately. 2. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler's TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel trains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the ernp!oyee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. "No shows" or cancellation fees are not reimbursable if the employee does not comply with the hotel's cancellation policy. Tips for maids and other hotel staff are included in the per diernrateand are not reimbursed separately. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel statusare in accordance with the federal per diem rates pubiished by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/ erdiem. A. Overnight Travel For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. Departure Day Depart before 12:00 noon Depart after 12:00 noon Return DaV Return before 12:00 noon Return between 12:00 noon & 7:00 p.m Return after 7:00 p.m.* Lunch and dinner Dinner Breakfast Breakfast and lunch Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not includetime taken to stop for dinner The reimbursement rates for individual meals are calculated asa percentage of the fud day per diem as follows: 1 2 3 B. Same Day Travel Breakfast 15% Lunch 25% Dinner 60% Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include tivae taken to stop for dinner 5. Internet Access — Hotels and Airports Employees who travel may need to access their e-mail at night Many hotels provide free high speed internet access and Tyler employees are encouraged toase such hotels whenever possible. If an employee's hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable. 0 ❖�•ty• tecer hnologies Exhibit C Schedule 1 SERVICE LEVEL AGREEMENT Agreement Overview This Service Level Agreement ("SLA") operates in conjunction with, and does not supersede or replace any part of, the Agreement. The SLA is effective as of the Effective Date. This SLA outlines the information technology service levels that Tyler will provide to the Client to ensure the availability of the application services that the Client has requested Tyler to provide.„ II other Client support services are documented in the Support Call Process exhibit to the Agreement. II. Definitions Attainment: The percentage of time a service is available during a billing cycle, with percentages rounded to the nearest whole number. Client Error incident: Any service unavailability resulting from a Client's applications, content or equipment, or the acts or omissions of any of Client's service users or Client's third -party providers over whom Tyler exercises no control. Defect; Any failure of the licensed software that is recognized as a "defect" under the agreement through which Client licenses the Tyler software. Downtime: Those minutes during which the software products set forth in the SaaS Agreement are not available for any type of Client use. Downtime does not include those instances in which only a Defect is present. Farce Majeure: An event beyond the reasonable control of Tyler, including governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause which could not with reasonable diligence be foreseen, controlled, or prevented by the party. Service Availability; The total number of minutes in a billing cycle that a given service is capable of receiving, processing, and responding to requests, excluding n•:..1intenance windows, Client Error Incidents and Force Majeure. Ili. Service Availability The Service Availability of Tyler's applications is intended to be 24/71'365. Tyler sets Service Availability goals and measures whether it has met those goals by tracking Attainment. a. Client Responsibilities Whenever a Client experiences Downtime, that Client must mak-, a support call according to the procedures outlined in the Support Call Process exhibit. The Client will receive a support incident number. To track attainment, the Client must document, in writing, all Downtime that it has experienced during a billing cycle. The Client must deliver such documentation to Tyler wi: hin 30 days of a billing cycle's end. The documentation the Client provides must evidence the Downtime clearly and convincingly, It must include, for example, the support incident number(s) and the date, time and duration of the Downtime(s). b. Tyler Responsibilities When Tyler's support team receives a call from a Client that a Dovintime has occurred or is occurring, Tyler will work with the Client to identify the cause of the Downtir}e (including whether it may be the result of a Client Error Incident or Force Majeure). Tyler will also wcrz with the Client to resume normal operations. Upon timely receipt of a Client's Downtime report, outlined above in Section III(a), Tyler will compare that report to Tyler's own outage logs and support tickets to confirm that a Downtime for which Tyler was responsible indeed occurred. Tyler will respond to a Client's Downtime report within 30 day(s) DI receipt. To the extent Tyler has confirmed Downtime for which Tyler is responsible, Tyler will pro�dde Client with the relief set forth below. C. Client Relief When a Service Availability goal is not met due to confirmed Downtime, Tyler will provide the affected Client with relief that corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule below. Notwithstanding the above, the total amount of all relief that would be due under this SLA will not exceed 5% of the fee for any one billing cycle. In the event Actual Attainment is less than 95% for two (2) consecutive billing cycles, Client will be entitled to a 10% credit of fees for the second affected billing cycle. Issuing of such credit does not relieve Tyler of its obligations under the SaaS Agreement to correct the problem which created the service interruption, as set forth in the Defect -resolution provisions in the Agreement and the Support Call Process and Ty#er's SaaS Services obligations. A correction may occur in the billing cycle following the service interruption. In that circumstance, if service levels do not meet the corresponding goal for that later billing cycle, Client's credits will be doubled. Every billing cycle, Tyler will compare confirmed Downtime to Ser\ic;e Availability. In the event actual Attainment does not meet the targeted Attainment, the following Gent relief will apply: 100% 1 98-99% 1 Remedial zction will be taken. 4% credit of fee for affected billing cycle will 100% 95 97% be posted to next billing cycle 5% credit of fee for affected billing cycle will 100% <95% be posted to next billing cycle A Client may request a report from Tyler that documents the preceding billing cycle's Service Availability, Downtime, any remedial actions that have been/will be taken, and any credits that may be issued. IV. Applicability The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents, and Force Majeure. Tyler performs maintenance during limited windows that are historically known to be reliably fow- traffic times. If and when maintenance is predicted to occur during periods of higher traffic, Tyler will provide advance notice of those windows and will coordinate to the greatest extent possible with the Client. V. Force Majeure The Client will not hold Tyler responsible for meeting service levels outlined in this SLA to the extent any failure to do so is caused by Force Majeure. In the event of Force Majeure, Tyler will file with the Client a signed request that said failure be excused, That writing will at least include the essential details and circumstances supporting Tyler's request for relief pursuant to this Section. The Client will not unreasonably withhold its acceptance of such a request. •❖��t y I le r • technologies Exhibit C Schedule 2 Support Call Process Tyler Technical Support Department for Munis° Goal: To provide an effective support mechanism that will ensure timely resolution to calls, resulting in high-level client satisfaction. Contact Us Call Tyler's toll free number (800-772-2260) or log a support requestonline through the Tyler Client Portal available at Tyler's Support Web site (www.tylertech.com). Support Organization Tyler's Technical Support Department for its ERP/Schools Division (also referred to as "Munis") is divided into multiple teams: F-inandals; Payroll/HR/Pension; Tax/Other Revenue and Collections; Utility Billing and Collections; OS/DBA (Operating System and Database Administration); and TylerForms and Reporting Services. These "product -specific" teams allow support staff to focus on a group of products or services. A group of specialists assigned to each team handle calls quickly and accurately. Each team consists of a Munis Support Product Manager, Support Analysts, and Technical Support Specialists. The Support Product Manager is responsible for the day-to-day operations of the team and ensures we provide exceptional technical support to our clients. The Support Analysts are responsibie for assisting the team with clients' issues, and provide on-going teani-training. Technical Support Specialists are responsible for diagnosing and resolving client issues im a timely and courteous manner. Standard Support Hours Applications Hours Financials 18:00am 9:0000 EST Monday -Friday Payroll%HR/Pension, 8 0.0am-9:00prn EST Monday -Friday Tax/Other Revenue & Collections. 8 00am &00pa. EST Monday -Friday Utility.Billing & Collections B:00am-8:00prn:EST Monday -Friday OS/DBA 8:00am-9:00pni EST Monday Friday j TylerForms, Reporting Services, and TCM 8:Ooam=9:Oopn `ELS -T Monday -Friday Focus on Incoming Rate When you call Technical Support, your call is answered by a Support Technician, or is transferred into the Support voice mail. Our goal is to capture 75 percent of our dailyincorning colls, which means you will often start working with a Support Specialist immediately upon calling Tyler. Leaving Messages for Support When leaving a message on the Support voice mail, ensure the following information is contained within the message: 1. your full name (first name, last name) and the site you are calling for/from; 2. a phone number where you can be reached; 3. the details of the issue or question you have (i.e.: program, • process, error message); 4. the priority of the issue (1, 2, 3, or 4); and S. when you will be available for a return call (often Support will call back within an hour of receiving your message). Paging All client questions are important to us. There may be times when you are experiencing a priority 1 critical issue and all technicians for the requested team are on the line assisting clients. In this circumstance, it is appropriate to press "0" to be redirected to the operator. The operator will page the team you need to contact. We ask that you reserve this function for those times when Munis is down, or a mission critical application is down and you are not able to reach a technician immediate{y. Online Support Some questions can be handled effectively by email, Once registeredas a user on Tyler's Support Web site at www.tylertech.com, you can ask questions or report issues to Support through "Customer Tools". Tyler's Client Portal (TCP) allows you to log an incident to Technical Support anytime from any Internet connection. All TCP account, incident, and survey data is avaiiable in real-time. Your existing contact information defaults when you add a new Support incident. You will be asked for required information including Incident Description, Priority, Product Group, and Product Module. Unlimited work -note text is available for you to describe the question or problem in detail, plus you can attach files or screenshots that may be helpful to Support. When a new incident is added, the incident number is presented on the screen, and you will receive an automated email response that includes the incident number. The new incident is routed to the appropriate Technical Support Team queue for response. They will review your incident, research the item, and respond via email according to the priority of the incident. Customer Relationship Management System Every call or email from you is logged into our Customer ReiationshipManagement System and given a unique call number. This system tracks the history of each incident, :rduding the person calling, time of the call, priority of the call, description of the problem, support recommendations, client feedback, and resolution. For registered users on Tyler's Support Web site (wwwAviertech.com), a list of calls is available real-time under the Tyler Client Portal (TCP). Call Numbers Support's goa# is to return clients' calls as soon as possible. Priority scalls received before the end of business will be responded to that day. If you are not available wher nre tail back, we will leave a message with the open call number on your voice mail or with a person in your office. When you call back, you can reference this call number so you do not have to re -explain the issue. An open call number is also given to you once an initial contact has been made with Support and it has been determined that the issue can't be resolved during the initial call, rhe open call number lets you easily track and reference specific open issues with Support. Call Response Goals Support will use all reasonable efforts to address open calls as follows: Open .' Call ". Priority ._ Maxim"um number ofdays a aupport-ca ll:is_=open , -5upportrnanagers and.ari"alysts review: -open calls . 1 _ Less than a day Daily 2 I 10 Days or less Eve ryother day 3 30 Days or less Weekly 4 60 Days or less J Weekly Call Priorities A call escalation system is in place where, each day, Support Analysts and Product Support Managers review open calls in their focus area to monitor progress. Each tali logged is given a priority (1, 2, 3, and 4) according to the client's needs/deadlines. The goal of this structure is to clearly understand the importance of the issue and assign the priority for closure. The client is responsible for setting the priority of the call. Tyler Support for Munis tracks responsiveness to priority 1, 2, and 3 calls each week. This measurement allows us to better evaluate overall client satisfaction. Priority 1 Call — issue is critical to the bent, the Munis application or process is down. Priority 2 Call — issue is severe, but there is a work around the client can use. Priority 3 Call — issue is a non -severe support call from the client. Priority 4 Call — issue is non-critical for the client and they would like to work with Support as time permits. Following Up on Open Calls Some issues will not be resolved during the initial call with a Support Technician. If the call remains open, the technician will give you an open call number to reference, and will confirm the priority of the incident. If you want to follow up on an open call, simply call the appropriate Support Team and reference the call number to the Technician who answers or leave this information in your message. Referencing the open call number allows anyone in support to quickly follow up on the issue. You can also update the incident through TCP on Tyler's Web site (www,tylertech.com) and add a note requesting follow-up, Escalating a Support Call If the situation to be addressed by your open call has changed and you need to have the call priority adjusted, please call the appropriate Support Team and ask to be conrected to the assigned technician. If that technician is unavailable, another technician on the team maybe able to assist you, or will transfer you to the Product Support Team Manager, If you feel you are not receiving the service you need, please call the appropriate Product Manager and provide themwith the open call number for which you need assistance. The Product Manager will follow up on your open issue and determine the necessary action to meet your needs. Technical Support Product Managers: Financiais, PaYroil and Human Resources Utility Billing and Revenue Technolorf wil I P.eggp YJrn#le` � .. Installation _ - i Support PrpdO Mi! ()"4h d ilber fk4tC�7; . '' Installat ion"Manager.- dea�vvrlbpr®tyleriech alrr {X,1'a0) 14G.i,Er Lk a n r ii oSIDBA Team'` $urrrr Eden Cin} : ... ..: 1, Park:' I �c encs, ' S c rLE -I;. l'nl. ix ai!111 : ?I7 'Jr I�; — 'li _Ili'. r': I'bnf l) II rig�tpleriech com [X4&i I} _ _ -yevrm;-�... r ' fMtievenJones ervices--__ Bl awn teven JonesMylertecll:com',(X4'%'Seipcar[ I fh!r :, -' �_ _-- - — • .... _- - — - .. ... ,.rr�:hele;_brko�Ln�,ky3e� ct I7 rom {X438J_}.=_- . CJ McCarron; . . ' - '11ce ?resi�en[ of Iechnlca! Support ` . cj.mccarron�'tylertech cam {X4724} if you are unable to reach the Product Manager, please call CJ MCCalron, Vice President of Technical Support at 800-772 2260, ext, 4124 (c tech. Resources A number of additional resources are available to you to provide a comprehensive and complete support experience. 1. Managed Internet Update (MIU): Allows yoj to download and install critical and high priority fixes as soon as they become available. 2. Release Admin Console: Allows you to monitor and track the availability of all development activity for a particular release directly from Munis. 3. KnowledgeBase: A fully searchable depository of thousands of documents related to Munis processing, procedures, release info, helpful hints, etc. Remote Support Tool Some Support calls may require further analysis of your database orsetup to diagnose a problem or to assist you with a question. GoTOAssista shares your desktop via the Wernet to provide you with virtual on-site support. The GoToAssist tool from Citrix (www.citcix.com) provides a highly secure connection with 128 -bit, end-to-end AES encryption. Support is able to quickly connect to your desktop and view your site's setup, diagnose problems, or assist you with screen navigation. At the end of each GoToAssist session, there is a quick survey you should complete so we have accurate and up-to-date feedback on your Support experiences. We review the survey data in order to continually improve our Support services. Email Registration Clients can go to our Web site and register for email "groups" basedan specific Munis applications. We use these groups to inform clients of issues, and to distribute helpfultechnical tips and updated technical documentation. The survey information allows you to update your registration at anytime, and you may unregister for one or more distribution lists at any time. Tyler Web site Once you have registered as a user on Tyler's Support Web site (ww;�r.tyiertech,com), you have access to "Customer Tools" and other information such as online documentation, user forums, group training schedule/sign-up, and annual user conference updates/registration. Timely TCP Progress Updates Our technicians are committed to providing you timely updates on the progress of your open support incidents via the Tyler Client Portal. The frequency of these updates k ._letermined by issue priority. Priority 1 Incidents — Daily updates (only if phone contact is not possible) Priority 2 Incidents — Weekly Updates Priority 3 incidents — Biweekly Updates Priority 4 Incidents — Biweekiy Updates Updates will also be provided for any issue, regardless of priority, when action items have been completed or when there is pertinent information to share. ••:;:�® tyler • technologies Exhibit D End User License Agreement REMAINDER OF PAGE NTENTIONALLY LEFT BLANK ATTENTION: THE SOFTWARE PROVIDED UNDER THIS AGREEMENT IS BEING LICENSED TO YOU BY OF SOFTWARE LTD. AND IS NOT BEING SOLD. THIS SOFTWARE IS PRDVIOED UNDER THE FOLLOWING AGREEMENT THAT SPECIFIES WHAT YOU MAY DO WiTH THE SOFTWARE AND CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTEES, CONDITIONS, RE0151DfES, AND LIABILITIES DocOrigln SOFTWARE LICENSE IMPORTANT -READ CAREFULLY: This End -User License Agreement ('Agreement" or °EULA") is a legal agreement between you (either an individual person or a single legal entity, �,vho will be referred to in this EULA as "You") and OF Software Ltd. for the Coc0rigin software product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Sof fare"). The Software also encompasses any software updates, add-on components, web services and/or supplements :hat may be provided to you or made available to you after the date you obtain the initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use. If you recevs the Software under separate terms from your distributor, those terms will take precedence over any conflicting teres of this EULA. By installing, copying. downloading, accessing or otherwise using the Sottwate, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, access or use the Software, instead, you should remove the Software from all systems and receive a full refund IF YOU ARE AN AGENT OR EMPLOYEE OF ANOTHER ENTITY YOU REPRESENT AND WARRANT THAT (1) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER 1. LICENSE TERMS 1.1 In this Agreement a 'License Key" means any license key, activation code or similar installation, access or usage control codes, including serial numbers digitally created and or provided by OF Software Ltd., designed to provide unlocked access to the Software and its functromlity. 1.2 Evaluation License. Subject to all of the terms and conditions of this Agreement, OF Softhvare Ltd. grants You a limited, royalty -free, non-exclusive; non -transferable licensee dog„-rload and install a copy of the Software from ,w.�^,v,docorigin.com on a single machine an,” use it on a royalty -free basis for no more than 120 days from the date of installation (the "Evaluation Period"). You may use the Software during the Evaluation Period sotely for the purpose of testing and evaluating it to determine if You wish to obtain a commercial, production license for the Software. This evaluation 4cense grant will automatically end on expiry of the Evaluation Period and you acknowledge and agree that. OF Softvare Ltd. \vll be under no obligation to renew or extend the Evaluation Period. If you wish to Continue using the Software You may, or payment of the applicable fees, upgrade to a full license (as further described in section 1.3 below) on the terms of this Agreement and will be issued wn th a License Key for the same. if you do not wish to continue to license the Software after expiry of the Evaluation Period, then You agree to comply with the termination obligations set out in section [7.3] of this Agreement. For greater certainty, any document generated by you under an evaluation license will have a 'spoiler' or watermark on the output document. Documents generated by DocOrigin software that has a valid license key file also installed will not have the 'spoiler produced. You are not permitted to remove the watermark or `spoiler from documents generated using the software under an evaluation license. 1.3 Development and Testing Licenses. Development and testing licenses are available for purchase through authorized distributors and resellers of OF Software Ltd. only. Subject to al1 of the terms and conditions of this Agreement, OF Software Ltd. grants You, a perpetual (subject to lermination by OF Sofb,vare Ltd. due to your breach of the terms of this Agreement), non-exclusive, non -transferable, woridvlide non-sublicenseable license to download and install a copy of the Software from vnfwdocorigiin. corn on a single machine and use for development and testing to create collateral deployable to Your production system(s). You are not entitled to use a development and testing license for live production purposes. 1.4 Production Licenses. Production licenses are available for purchase through authorized distributors and resellers of OF Software Ltd. only. Subject to all of the terms and conditions of this Agreement, OF Software Ltd. grants You, a perpetual (subject to termination by CF Software Ltd, due to your breach of the terms of this Agreement), non-exclusive, non -transferable, worldv,ide non-sublicenseable license to use the Software in accordance with the license type purchased by you as set out on your purchase order as further described below. For greater certainty, unless otherwise agreed In a purchase order concluded with an approved distributor of the Software, and approved by OF Software, the default license to the Software is a per -CPU license as described in A. below: A. Per -CPU. The total number of CPUs on a computer used to operate the Software may not exceed the licensed quantity of CPUs. For purposes of this license imetric: (a) CPUs may contain more than one processing core, each group of two (2) processingvores is consider one (1) CPU., and any remaining unpaired processing core, will be deemed a CPU. (b) all CPUs on a computer on which the Software is installed shall be deemed to operate Ilse Software unless You configure that computer (using a reliable and verifiable means of hardwareor software partitioning) such that the total number of CPUs that actually operate the Software is less than the total number on that computer. B. Per -Document. This is defined as a fee per document ba.ssd on the total number of documents generated annually by merging data with a template created by the Software. The combined data and template produce documents of one or more pages. A document may contain 1 or more pages. For instance a batch of invoices for 250 customers rnay contain 1,000 pages, this will be counted as 250 documents which should correspond to 250 invoices. C. Per -Surface. This is defined as a fee per surface based on the total number of surfaces generated annually by merging data with a template created by the Software. The combrned data and template produce documents of one or more pages, the pages may be printed one side (one surface) or duplexed (2 surfaces). The documents may be rendered to a computer file (i.e. PDF), each page placed in the file is considered a surface. A docunent may contain 1 or more surfaces. For instance a batch of invoices for 250 customers may cortain 500 pages duplexed, this will be counted as 1000 surfaces. 1.5 Disaster Recovery License. You may request a Disaster Recover/ license of the Software for each production license You have purchased as a failover in the event of loss Of use of the production server(s). This license is for disaster recovery purposes only and under no cir„urnstance may the disaster iecovery license be used for production simultaneously with a production licenss with which it is paired. 1.6 Backup Copies. After installation of the Software pursuant to this EULA,, you may store a copy of the installation files for the Software solely for backup or archival purposes. Except as expressly provided in this EULA, you may not ethervise make copies of the Software or tht panted materials accompanying the Software. 1.7 Third -Party Software License Rights. If a separate license agreement pertaining to an item of third -party software is: delivered to You with the Software, included in the Software download package, or referenced m any material that is provided with the Software, then such separate lioVnse agreement shall govern Your use of that item or version of Third -Party Software. Your rights in respeclta any third -party software, third-parly data, third -party software or other third -party content provided with tine Software shall be limited to those rights necessary to operate the Software as permitted by this Agreement. No other rights in the Softvare or third -party software are granted to You. 2. LICENSE RESTRICTIONS Any copies of the Software shall include all trademarks, copyright notices. restricted rights legends, proprietary markings and the like exactly as they appear on the copy of the Sofmare originally provided to You. You may not remove or alter any copyright, trademark and/or proprietary noticesrrarked on any part of the Software or related documentation and must reproduce all such notices on all authofzed copies of the Software and related documentation. You shall not sublicense, distribute or otherwise make II Software available to any third party (including, without limitation, any contractor, franchisee, agent or dealerl without first obtaining the written agreement of (a) OF Software Ltd. to that use, and (b) such third part: 'io comply with this Agreement. You further agree not to (i) rent, lease, sell, sublicense, assign, or otherwise t'ansfer the Software to anyone else; (il) directly or indirectly use the Software or any information about the Softti N.,e in the development of any software that is competitive with the Software, or (iii) use the Software to operate oras a part of a time-sharing service, outsourcing service, service bureau, application service provider or niafaged service provider offering. You further agree not to reverse engineer, decompile, or disassemble the Soffnwe. 3. UPDATES, MAINTENANCE AND SUPPORT 3.1 During the validity period of Your License Key, You will be entitled to doG,nToad the latest version of the Software from the DocCrigin website www.docorigin.com. Use of any updates protiided to You shall be governed by the terms and conditions of this Agreement. OF Software Ltd. reserves the ,igf1 at any time to not release or to discontinue release of any Software and to alter prices, features, specifEcaiions, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Sdtvare. 3.2 On expiry of your maintenance and support contract, you will have lie right to continue using the current version(s) of the Software which you downloaded prior to the date of e>rpiy of your License Key. Hmvever, you will need to renew maintenance and support in order to receive a new License Key that will unlock the more current version(s) of the Software, For greater certainty, if you atteri to use an expired License Key to download the latest version of the Soft:vare, the Software will revert to aeing a locked. evaluation copy of that version of the Software, 4. INTELLECTUAL PROPERTY RIGHTS. This EULA does not grant you any rights in connection with any trademarks or service marks of OF Software Ltd or DocOrigin. Alf title and intellectual property rights in and to the Software the accompanying printed materials, and any copies of the Software are owned by OF Sol Ltd. or its suppikers. All title and in[ellectual property rights in and to the content that is not contained in the Sof %vare, but e,tay be accessed through use of the Software, is the property of the respective content o�tners and may be pfz) tented by app;icable copyright or tithe, intellectual property laws and treaties. This E'JLA grants you no rights to use such content. If this Saftware contains documentation that is provided only in electronic form, you nay print one copy of such electronic documentation. 5. DISCLAIMER OF WARRANTIES. TO THE GREATEST EXTENT PERMITTED BY LAW, THE LICENSED SOFTVVARE AND TECHNICAL SUPPORT PROVIDED BY OF SOFTWARE LTD. HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIOiN,S, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT OR SERVICE PROVIDED UNDER THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENT BY OF SOFTWARE LTD OF SOFTWARE LTD. DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS OF QUALITY MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NOWINFRINGENIENT. OF SOFTWARE LTD. DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE SHALL MEET ANY OR ALL OF YOUR PARTICULAR RECUIREMENTS, THAT THE SOFTWARE WILL OPERATE ERROR -FREE OR UNINTERRUPTED OR THAT A --L ERRORS OR DEFECTS IN THE SOFTWARE CAN BE FOUND OR CORRECTED. In certain Iurisdictions some or all of the provisions in this Section may not be effectNe or the applicable law may mandate a more extensive warranty in which case the applicable lawwill prevati over this Agreement 6. LIMITATIONS OF LIABILITY. 6.1 TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OF SOFTWARE LTD. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT. INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, LEGAL EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOST OR DAMAGED DATA, LOSS OF COMPUTER TME, COST OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF OF SOFTWARE LTD. HAS BEEN ADVISED OF THE POSSIBILITY CF SUCH LOSS OR DAMAGES, OR SUCH LOSSES OR DAMAGES ARE FORESEEABLE. 6.2 THE ENTIRE LIABILITY OF OF SOFTWARE LTD. AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND TECHNICAL SUPPORT AND ANY OTHER PRODUCTS OR SERVICES SUPPLIED BY OF SOFTWARE LTD. IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, WILL BE LIMITED IN THE AGGREGATE TO THE AMOUNTS PAID BY YOU FOR THE SOFTWARE, TECHNICAL SUPPORT OR SERVICES GIVING RISE TO THE CLAIM. 6.3 THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSEN7AL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER OF SOFTWARE LTD. NOR ANY OF ITS LICENSORS OR SUPPLIERS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT, 7. TERM AND TERMINATION 7.1 The term of this Agreement wifl begin on download of the Software and, in respect of an Evaluation License, shall continue for the Evaluation Period, and in respect of all other license types defined in Section 1, shall continue for as long as You use the Software, unless earlier terminated sooner under this section 7. 7.2 OF Software Ltd. may terminate this Agreement in the event of any breach by You if such breach has not been cured within five (5) days of notice to You. No termination of this Agreement will entitle You to a refund of any amounts paid by You to OF Software Ltd. or its applicable distributor or reseller or affect any obligations You may have to pay any outstanding amounts owing to OF Software Ltd. or its distributor. 7.3 Your rights to use the Software will immediately terminate upon termiraton or expiration of this Agreement Within five (5) days of termination or expiration of this Agreement, You shall purge all Software and all copies thereof from all computer systems and storage devices on which it was stored and cert+fy such to OF Soft,,vare Ltd S. GENERAL PROVISIONS 8.1 No Waiver. No delay or failure in exercising any right under this Agreement, or any partial or single exercise of any right, will constitute a waiver of that right or any other rights under this Agreement. No consent to a breach of any express or implied term set out in this Agreement constitutes consent to any subsequent breach, whether of the same or any other provision. 8.2 Severability. If any provision of this Agreement is, or becomes, unerfcrceabie, it wT be severed from this Agreement and the remainder of this Agreement will remain in full force ard effect, S.3 Assignment. You may not transfer or assign this Agreement (whether volun[arily, by operation of la,a,. or otherwise) without OF Software Ltd.'s prior written consent. OF Soft%vareLtd. may assign this Agreement at any time without notice. This Agreement is binding upon and will inure totire benefit of both parties, and their respective successors and permitted assigns. 8.4 Governing Law and Venue. This Agreement shall be governed by tri.1 la4s of the Province of Ontario. No choice of lavis rules of any jurisdiction shall apply to this Agreement. You coiisent and agree that the courts of the Province of Ontario shall have jurisdiction over any legal action or proceeding brought by You arising out of or relating to this Agreement, and You consent to the jurisdiction of such courts for any such action or proceeding. 8 Entire Agreement. This Agreement is the entire understanding and agreement between You and OF Software Ltd, with respect to the subject matter hereof, and it supersedes all prior negotiations, commitments and understandingsverbal or written, and purchase order issued by You. This Agreement may be amended or otherwise modified by OF Software Ltd, from time to time and the most recent version of the Agreement will be available on the OF Software website IMAv.docongin.com. Last Updated: [July 18 2013] Agenda Action Form Paducah City Commission Meeting Date: June 7, 2016 Short Title: Amend Chapter 42 of the Code of Ordinances to Include Demolition by Neglect ®Ordinance E:1 Emergency ❑Municipal Order ❑ Resolution ❑ Motion Staff Work By: Steve Kyle Presentation By: Steve Kyle Background Information: The Nuisance Code Enforcement Board Ordinance became effective in 2002 which includes provisions for assessing civil penalties for violations, however, there was no provision in the initial adoption to address derelict properties. This amendment would include the provision to allow the Nuisance Code Enforcement Board to conduct hearings to determine if a property owner has allowed a property to become substantially deteriorated and incur violations by demolition by neglect. This would also advise the property owner that the violations may be referred to the county attorney or the commonwealth attorney for criminal prosecution. Goal: ®Strong Economy ® Quality Services® Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Approve the recommended amendments to Chapter 42 of the Code of Ordinances of the City of Paducah. Attachments: Department Head City Clerk City \-Manager 04,116 CITY OF PADUCAH ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 42, ARTICLE It "NUISANCE CODE ENFORCEMENT" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, this Ordinance amends Chapter 42, Article 11, "Nuisance Code Enforcement," of the Code of Ordinances of the City of Paducah, Kenluc4-; and WHEREAS, this Ordinance is being enacted ... . NOW THEREFORE be it ordained by the City Commission of the City of Paducah as follows: SECTION I. That Section 42-32, "Definitions,'' is hereby amended and restated to read as follows: See. 42-32. Definitions. The following words, terms and phrases, when used in this at-ticle, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning: Abatement costs shall mean the city's costs for and associated with cleaning, preventing unauthorized entry to, or demolishing all or a portion of a structure or premises, or taking any other action with regard to a structure or premises to maintain and preserve public health, safety. and welfare in accordance xyith the city's nuisance code pertaini>>, to the condition of and maintenance of structures or premises. adopted pursuant to KRS 82,700 to 82.725. Demolition by neglect shall mean Neglect in maintaining. re2airi112, or securing a buildine or structure that could result in substantial deterioration of an exterior feature of the structure or the less of the structural integrity of the buitding or structure or that mai adversely affect adjacent structures or the character of the area. Nuisance Code Enforcement Boot•d shall mean an administrative body- created and acting under the authority of the KRS 82.700 et seq. A'zdsance Code Enforcement Off cer shall mean all city, citation officers as defined in section 2-591 of article VII of chapter 2 of the Paducah Code of Ordinances. uisctnce code shall mean any ordinances adopted by the city in chapter 42, article 11 herein pursuant to KRS 82.705 or subsequently adopted, Person shall mean any person, individual, firm, partnership,association, corporation, company or organization of any kind. Premises or proper -t}, shall mean a lot, plot, or parcel of land, including any structures upon U Remecdy, shall mean the action taken to abate any nuisance to bring property in violation of the nuisance code into compliance with the requirements of this chapter. SECTION 2. That Section 42-39, "Powers of the Nuisance Code Enforcement Board," is hereby amended and restated to read as follows: Sec. 42-39. - Powers of the Nuisance Code Enforcement Board. The City of Paducah Nuisance Code Enforcement Board shall have the following powers and duties over all matters contained within this article; (a) To adopt rules and regulations to govern its operatio-ai and the conduct of its hearings, (b) To subpoena witnesses. (c) To conduct hearings to determine if there has been a violation of the nuisance code. (d) To take testimony under oath. The chairman shall have the authority to administer oaths for the purpose of taking testimony. (e) To make Endings of fact and issue orders necessary to remedy any violation of the nuisance code or code provision which the board is authorized to enforce. (f) To impose fines. as authorized. on any person found to have violated the nuisance code. (g) To order liens to be tiled for the collection of fines, charges, costs, penalties. and fees. iztcludinssa attorney's fees. (h) To conduct hearings to consider appeals from the determination of the Deputy Chiet-717ire ,Marshall of the Fire Prevention Division as to the suspension. revocation, or denial of a rental occupancy permit in accordance with Section 42- 41.5. ( i) To conduct hearings to determine if a propertw owner has allowed a propertw to become condemned and result in demolition bw neglect._ SECTION 3. That Section 42-40. "Enforcement hearing," is hereby amended and restated to read as follows: Sec. 42-40. - Enforcement hearing. The following requirements shall govern all enforcement hearings before the board: (a) if the alleged violator desires to contest the citation, he or she may initiate a hearing before the Nuisance Code Enforcement Board after citation is issued by a Nuisance Code Enforcement Officer. 2 (b) .Except as provided in subsection (c) below, if a Nuisance Code Enforcement Officer believes, based on his personal observation or investigation, that a person has violated the nuisance code, he shall issue a notice of violation to the offender allowing the offender fine days to remedy the violation without fine and advise the offender that the violations may be referred to the courtty attomev- or the commonwealth attorney for criminal prosecution. The offender may be allowed a reasonable extension of time to remedy the violation without fine at the discretion of the Nuisance Code Enforcement Officer, if requested by the offender. 1. The notice of violation shall be reasonably calculated to inform the offender of the nature of the violation, and may be in the form of aosp tcard for properties with dwelling or structures or in the form of a posted sign for vacant lots. (c) If the offender fails or refuses to remedy the violation within the time allotted by the Nuisance Code Enforcement Officer, the Nuisance Code Enforcement Officer is authorized to issue a citation. The citation shall represent a determination by the Nuisance Code Enforcement Officer that a viotatior, has been committed, and that determination shall be final unless contested by the alleged violator and taken before the Nuisance Code Enforcement Board. (d) Nothing in this article shall prohibit the city from taring immediate action to remedy a violation of its ordinances when there is reason to believe that the violation presents a serious threat to the public health, safety, and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible, (e) The citation issued by the Nuisance Code Enforcement Officer shall contain the following information: 1. The date of issuance; ?. The name and address of the person to whom the citation is issued; 3. The date the offense was comtnittcd: d. The facts constituting the offense; 5. The section of the code or the number of the ordinance violated; 6. The name of the Nuisance Code Enforcement Officer; 7. The fine that will be imposed for the violation if the person does not contest the citation: 8. The maximum tine that may be imposed if the person elects to contest the citation: 9. The procedure for the person to follow in order to pay the fine or to contest the citation; t0. A statement that if the person fails to pay the fre set forth in the citation or contest the citation, within the time allowed, the person shall be deemed to ha% e waived the right to a hearing before the Nuisance Code Enforcement Board to contest the citation and that the determination that the violation was committed shalt be final: and I I. Notice that a lien may be filed or foreclosure proceedings initiated to collect tines, charges, costs, penalties, and fees, including attorney's fees. 12. Notice that violation may be referred to the co�inty attorney or commonwealth attorney for criminal prosecution. (t) Upon receipt of a citation, the offender shall respond to the citation within five days of the date of receipt by either paying the fine or requesting, in writing, a hearing before the Nuisance Code Enforcement Board to contest the citation. If the offender responds by paying the Fine, the offender shall still be required to remedy the violation and will be given a reasonable time to remedy. if the offender fails to remedy the violation, another Notice of Violation may be issued, in accordance with subsection (b) above, for another violation of the nuisance code, if the person fails to respond to the citation within five days, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final, (g) If the offender does not contest the citation within the time prescribed, the Nuisance Code Enforcement Officer issuing the citation shall enter a final order determining that the violation was committed, no contest was initiated, and then cause the nuisance to be abated and/or impose the fine set forth in the citation. If the offender does not remedy in the time provided, another notice of violation may be issued, in accordance with subsection (b) above, for another viuiation of the nuisance code. A copy of the final order shall be served on the offender. SECTION 4. That Section 42-41, "Enforcement hearing; notice: and final order," is hereby amended and restated to read as follows; Sec. 42-41. - Enforcement hearing; notice; and final order. (a) When a hearing has been requested; the Code Enforcement Board shall schedule a hearing. The board shall hold hearings once a month. (b) Not less than seven days before the date of the heariu,,, the Nuisance Code Enforcement Board shall notify the requester of the date, time, and place of the hearing. The notice may be given by certified mail. return receipt requested; by personal delivery; or by leaving the notice at the person's usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the notice. (c) any person requesting a hearing before the Nuisance Code Enforcement Board who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation and a determination that a violation was committed shall be entered and. become final. The Nuisance Code Enforcement Board shall enter a final order determining the violation alas committed and shall cause the nuisance to be abated and'or impose the Erne set forth in the citation. The final order shall provide the offender a reasonable time to 4 remedy the violation. If the offender does not remedy in the time provided, another notice of violation may be issued, in accordance with section 42-40(b), for another violation of the nuisance code. A copy of the Final order shall be served upon the offender. (d) All testimony rna�: be taken under oath and may be recorded by audio, video, or stenographic means. Testimony shall be taken from the Nuisance Code Enforcement Officer, the alleged violator, and any witnesses to the violation offered by the Nuisance Code Enforcement Officer or alleged violator. Forma! rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (e) The Nuisance Code Enforcement Board shall, based on the evidence, determine whether a violation was committed. In making its d, -termination, the Nuisance Code Enforcement Board shall use an arbitrary and :;apricious standard and shall Uphold the citation unless the issuance of the citatio!i was clearly erroneous. The Nuisance Code Enforcement Board shall uphold the citation if pictorial or photographic evidence supporting the citation is provided by the Nuisance Code Enforcement Officer. If no pictorial or photographic evidence is provided and the board determines that no violation was committed, an order dismissing the citation shall be entered. If pictorial or photographic evidence is provided or if no such evidence is provided and the board still determines that a violation was committed, an order shall be issued upholding the citation and either imposing a fine up to the maximum authorized by this or otherordinance or requiring the offender to rernedy a continuing violation, or both. T'he Nuisance Code Enforcement Board may determine that the violation, and the real property owner Should be referred to the county attorney or comrncmNealth attornev for criminal Zosecution. (1) The final order shall provide the offender a reasonable tiine, not to exceed ten days, to remedy the violation. If the offender does not remedy in the time provided in the final order, another notice of violation may be issued, in accordance with subsection 42-40(b), for another violation of the nuisance code. (f) Every Final order of the Nuisance Code Enforcement Board shall be reduced to writing. which shall include the date the order wasissued. A copy shall be furnished to the person named in the citation. If the person named in the citation is not present when the final order is issued, the order shall be delivered in accordance with the procedures set forth in subsection (b) above. (g) The Nuisance Code Enforcement Officer, at his discretion, may remedy the violation to bring the property into compliance with the Nuisance Code if the citation is not contested or if a final order upholding the citation is entered by the Nuisance Code Enforcement Board. 5 SECTION' 5. That Section 42-44, "Lien; tines, charges, abatement costs, fees, penalties, attorney fees and costs," is hereby amended and restated to read as follows: See. 42-44. - Lien; fines, charges, abatement costs, fees, penalties, attorney fees and cos ts. (a) The city shall possess a lien on the property finally determined to be in violation of the nuisance code for all fines assessed for the violation and for all charges. costs, penalties, abatement costs, and fees, including �Nithout limitation attorney's fees and a S15.00 S25.00 administration fee, incurrod by the city in connection with the enforcement of the nuisance code. The lienshall bear interest at the rate of four percent per annum until paid. (b) A notice of the lien may be recorded in the office of the county clerk. (c) Pursuant to KRS 52.720, the lien shall be superior to and have priority over al I other liens on the property, except state, county, school board, and city taxes, and may be enforced by judicial proceedings. (d) In addition to the remedy prescribed in subsection (a), the owner or owners of the property at the time the violation occurred shall be personally liable for the amount of all fines assessed for the violation and for all charges, costs, penalties, abatement costs, and fees, including without limitation attorney's fees and a $25.00 administration fee, incurred by the city in connection with the enforcement of the nuisance code. The aforesaid amount shal I bear interest at the rate of four percent per annum until paid. The city may bring a civil action against the responsible owner or owners and shall have the samw remedies as provided for the recovery of a debt. (e) The city shall be entitled to recover from the responsible owner or owners all attorney fees and others costs incurred by the city by reason of the collection upon and enforcement of the responsible owner's or owners' liability hereunder and the lien which secures the same:. (t) Upon payment, determination of the Nuisance Code Enforcement Board or Court order. the city shall be authorized to release any lien filed hereunder and recorded in the Office of the County Clerk. (Q) The provisions of this article shall be enforced in the same manner as other violations of this Code, Aviv person violating any of the provisions of this article shall be deemed SZuiltV of a Class B misdemeanor. and upon conviction thereof. shall receive a fine not to exceed 5250.00 or a rail sentence not to exceed 90 days for each offense. Each day that such violation continues shall constitute a separate offense. This article and the foregoing penalties shall not be construed to limit or dent the right of the cite or ani Berson to such equitable legal remedies as rrta� be available by law. SECTION 6. SEVERABILITY. If any section, paragraph orprovision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such 6 section, paragraph or provision shall not affect an}of the remaining provisions of this Ordinance. SECTION 7. COMPLIANCE WITH OPEN MEETINGS LAWS. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in format action, were in meetings open to the public, in Rill compliance with applicable legal requirements. SECTION 8. CONFLICTS. At I ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repeated and the provisions of this Ordinance shall prevail and be given effect. SECTION 9. EFFECTIVE DATE, This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KIRS Chapter 424. MAYOR ATTES f: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners. June 7. 2016 Adopted by the Board of Commissioners. June 14. 2016 Recorded by Tamtnara S. Sanderson, City Clerk. June 14, 2016 Published by The Paducah Sura, 20 t6 \ord`insp\42-demo lition by neglect