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Agenda Packet 5-29-18
Amended 5/29/18 CALLED CITY COMMISSION MEETING AGENDA FOR MAY 29, 2018 5:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE DELETIONS Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. 1 CONSENT AGENDA: A. MINUTES B. MUNICIPAL ORDER(S) 1. Personnel Actions — M. RUSSELL M/0 2. Amend Pay Grade Schedule — M. RUSSELL 3. Approve Payment for Household Hazardous & Electronic Waste Collected during 2018 Clean -Up Day — R. MURPHY 4. Approve Expenditure for Professional Medical Services — FIRE CHIEF KYLE II. MUNICIPAL ORDER(S) ABRAHAM A. Transfer Funds from Commission Contingency to Legal Fees Account — INTERIM CITY MANAGER THOMPSON r`"1 III. ORDINANCES) — EMERGENCY HOLLAND , 1 A. Authorize Contract for City Manager Position — MAYOR "�' HARLESS �r. !0 1 IV. ORDINANCES) —ADOPTION RHODES A. Remove Positions from Civil Service Ordinance — M. RUSSELL WILSON B. Pump Station #2 HDR Amended Agreement - R. MURPHY ABRAHAM C. 2018 — 2019 Asphalt Program Award — R. MURPHY V. ORDINANCES) — INTRODUCTION B. Repeal Paducah Water Rates Ordinance — B. ROBERTSO LJ C. Approve Ordinance Establishing Paducah Water Rates — B. Pit j ROBERTSON HOLLAND D. Tyler Technologies Munis Contract Amendment for Post Implementation Training Days — M. SMOLEN 4j� RHODES E. Restated MOU with Higdon for Greenway Village — T. TRACY 91 VI. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners C. Comments from the Audience VII. EXECUTIVE SESSION !0 1 2nd AMENDED NOTICE OF CALLED MEETING FOR THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY TO: There will be a Called Meeting of the Board of Commissioners on Tuesday, May 29, 2018, at 5:30 p.m. in the Commission Chambers, City Hall, 300 South 5'�' Street, Paducah, Kentucky. The amended agenda is attached. �f"" [w , r - Mayor CERTIFICATE OF SERVICE Executed by electronic mail of a copy to at _.M. on May 29, 2018. City Clerk May 8, 2018 At a Regular Meeting of the Board of Commissioners, held on Tuesday, May 8, 2018, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Harless presided, and upon call of the roll by the Assistant City Clerk, the following answered to their names: Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). INVOCATION Commissioner Holland gave the invocation. PLEDGE OF ALLEGIANCE ADOPitl) ; Mayor Harless led the pledge. PROCLAMATIONS) BEAUX TIE DAY Mayor Harless presented a proclamation to Bill Ford proclaiming May 7, 2018 as Beaux Tie Day. GUN VIOLENCE AWARENESS DAY Mayor Harless presented a proclamation to Ashley Valentine -Hall proclaiming June 2, 2018, as Gun Violence Awareness Day. AWARD(S) DOGWOOD TRAIL, ART AND PHOTOGRAPHY CONTEST WINNERS Civic Beautification Board members Jackie Smith, Dabney Haugh and Carol Vanderbough presented awards to the 2018 Dogwood Trail Winners and the 2018 Dogwood Art & Photography Contest Winners. Dogwood Trail Winners Todd and Bethany Jones - 351 Wallace Lane Carl and Polly LeBuhn - 644 Woodland Drive Brian and Mary Katz - 4615 Quail Hollow Drive Jan and Neal Scott - 2216 Jefferson Street Charles and Gail Ransler - 2830 Broadway Stan and Missy Eckenberg - 4240 Pines Road Jim Landry and Hillary Chambers - 2974 Jefferson Street Chuck Tate - 3940 Court Avenue Susan and Max Sacharnoski - 3260 Jefferson Street Mary and Jarvis Madlin - 4710 Buckner Lane Randall and Sherry Channell - 298 Alben Barkley Drive Terra Bryan - 205 Minerva Place Hal and Debe Sullivan - 3905 Alben Barkley Drive Art Winners 1 st Place • Debra K. Talbert, Cornus Virgiana, mixed media 11" x 14" 2nd Place • Carol Tribou, Dogwood in Blossum, watercolor 10" x 11.5" 3rd Place • Barbara Harris, Dogwood Designed, ink jet print, 12" x 12" Photography Winners 1st Place • Stephanie Young, Lets Dance, ink jet print, 13" x 20" 2nd Place • Phyllis Russell, Twist and Shout, inkjet print, 13" x 19" 3rd Place • Cindy Jones, Spring Backwards, ink jet print, 15" x 15" May 8, 2018 CONSENT AGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed. Commissioner Rhodes asked that item I(C)4 regarding the roofing bid for the Civic Center and Probation and Parole buildings be removed from the consent agenda and voted on separately. The Mayor asked the Assistant City Clerk to read the remaining items on the Consent Agenda. I(A) Minutes for the April 24, 2018 City Commission Meeting I(B) Receive & File Documents Minute File: 1. Notice of Called Meeting for the Board of Commissioners of the City of Paducah for May 1, 2018 2. Certificate of Liability Insurance & Right of Way Bond for Kirk Timpe DBA Big Ed's Concrete Contract File: 3. Legal Services Agreement with Bryant Law Center and Friedman Dazzio for Opioid Litigation (MO # 2091) 4. Change Orders 1-4 with Wilkins Construction for Pat & Jim Brockenborough Rotary Health Park — Phase I (ORD # 2018-4-8529) 5. Amendments #2, #3, #5, #6 & # 7 to the Professional Consulting Agreement with Federal Engineering for E-911 CAD System Consulting (ORD # 2018-4- 8528) 6. Agreement with Huffman Construction, LLC for Pump Station #2 Construction (ORD # 2018-4-8523) 7. Certifications of Compliance with PHA Plans and Related Regulations with US Department of Housing and Urban Development (MO # 2092) 8. Section 8 Administrative Plan for 2018 Housing Choice Voucher Program (MO # 2092) Financials File: 9. Paducah Water Financial Highlights for March 2018 Bid File: 1. Sale of 1320 Oscar Cross Avenue — Planning Department a. Michael L. Taylor b. Kim Askew 2. Roof Replacement Project— Civic Center and Probation & Parole Building — Engineering Public Works Department a. Minter Roofing Company b. Southern Roofing Co. c. Klapp Roofing Co. 3. 2018-2019 Street Resurfacing Program — Engineering Public Works Department a. Jim Smith Contracting, LLC I(C)1 Personnel Actions May 8, 2018 I(C)2 A MUNICIPAL ORDER AUTHORIZING THE PLANNING DEPARTMENT TO APPLY FOR AN ONLINE GRANT THROUGH THE FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION GRANT PORTAL TO REQUEST $15,000 FOR THE FIRE DEPARTMENT TO PURCHASE PUBLIC EDUCATION AND ENGAGEMENT EQUIPMENT (M.O.#2095; BK 10) I(C)3 A MUNICIPAL ORDER ACCEPTING THE BID OF MICHAEL L. TAYLOR IN THE AMOUNT OF $326.00 PLUS RECORDING AND DEED PREPARATION FEES FOR REAL PROPERTY LOCATED AT 1320 OSCAR CROSS AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE A DEED AND ALL OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE (M.O.#2096; BK 10) A T iTT TATIGIP A T ORDER A (`CEPTTT I TLTE BID OF MINTER ROOFING TAT THE TOTAL T A lei O NT OF $14 4,070 FO ROOF REPLACEMENT FOR THE CTWITC TTHO IZING CENTER AND THE PROBATION L? PAROLE B TTL T124G AND AUTHORIZING r E THE MAYOR TO EXECUTE TTE A CONTRACT CT 17O SAME REMOVED FROM CONSENT AGENDA TO BE VOTED ON SEPERATELY AT THE REQUEST OF COMMISSIONER RHODES Mayor Harless offered motion, seconded by Commissioner Holland, that the items on the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). MUNICIPAL ORDER(S) ROOF REPLACEMENT FOR CIVIC CENTER AND PROBATION AND PAROLE BUILDINGS Mayor Harless offered motion, seconded by Commissioner Wilson, that a Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE BID OF MINTER ROOFING IN THE TOTAL AMOUNT OF $144,070 FOR ROOF REPLACEMENT FOR THE CIVIC CENTER AND THE PROBATION & PAROLE BUILDING, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME" be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). (M.0.42097; BK 10) CITY'S STRATEGIC PLAN Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a Municipal Order entitled, "AN MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, APPROVING TWO CORE ELEMENTS OF THE CITY'S STRATEGIC PLAN (VISION AND KEY PERFORMANCE AREAS & OBJECTIVES); AND DIRECTING THE CITY MANAGER AND HIS STAFF TO ESTABLISH THE MISSION AND ORGANIZATIONAL VALUES FOR THE STRATEGIC PLAN AND PREPARE AN IMPLEMENTATION ACTION PLAN FOR THE FINAL CORE ELEMENT OF THE STRATEGIC PLAN," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). (M.O.#2098; BK 10) May 8, 2018 ORDINANCE(S) — INTRODUCTION REMOVE POSITIONS FROM CIVIL SERVICE ORDINANCE Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, RECLASSIFYING THE CITY CLERK AND CHIEF BUILDING INSPECTOR POSITIONS WITHIN THE CITY OF PADUCAH AS NON -CIVIL SERVICE." This Ordinance is summarized as follows: This Ordinance reclassifies the positions of the City Clerk and the Chief Building Inspector from civil service to non -civil service. Notwithstanding the reclassification, persons currently in those positions will continue to be covered under civil service statutes until their employment ends. PUMP STATION #2 HDR AMENDED AGREEMENT Commissioner Holland offered motion, seconded by Commissioner Abraham, that the Board of Commissioners of the City of Paducah introduce an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PADUCAH KENTUCKY, APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT FOR ENGINEERING SERVICES REQUIRED TO COMPLETE THE PROJECT DESIGN PLANS, CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES FOR THE IMPROVEMENT OF FLOOD CONTROL PUMP STATIONS #2 AND #9 WITH HDR ENGINEERING, INC.; AND AUTHORIZING THE EXECUTION OF SAID FIRST AMENDMENT." This Ordinance is summarized as follows: This Ordinance approves and authorizes the execution on behalf of the City of the First Amendment to the Professional Engineering Services Agreement with HDR Engineering, Inc., relating to the expansion of the scope of services to be rendered by HDR Engineering, Inc., in connection with the design, construction administration, inspection services of Flood Control Pump Station # 2 as required by the U.S. Department of the Army 2018-2019 ASPHALT PROGRAM AWARD Commissioner Abraham offered motion, seconded by Commissioner Holland, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF JIM SMITH CONTRACTING COMPANY, LLC, FOR THE CITY OF PADUCAH'S CALENDAR YEARS 2018 AND 2019 STREET RESURFACING PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME". This ordinance is summarized as follows: Accepting the bid of Jim Smith Contracting Company, LLC for the City of Paducah's calendar years 2018 and 2019 street resurfacing program and authorizing the Mayor to execute a contract for same. The contract has a one-year renewal option, ending December 31, 2020, upon mutual agreement by the City and Jim Smith Contracting Company, LLC. The unit bid prices are as follows: ITEM NO DESCRIPTION UNIT UNIT BID PRICES 1 Bituminous Surface/Base TON $75.00 2 Milling Texture TON $50.00 3 Shoulder Construction TON $40.00 May 8, 2018 COMMENTS COMMENTS FROM THE CITY MANAGER Interim City Manager Thompson discussed the potential of cancelling the Regular Commission Meeting on May 22nd PUBLIC COMMENTS Donald McNeil, asked the Commission about documents he had requested at a prior meeting. Interim City Manager Thompson advised Mr. McNeil to submit an open records request to the City Clerk's office to obtain the documents. ADJOURN Mayor Harless offered motion, seconded by Commissioner Wilson to adjourn the meeting. All in favor. Meeting ended at approximately 6:45 p.m. ADOPTED: May 29, 2018 Assistant City Clerk City Clerk Mayor May 9, 2018 At a Called Meeting of the Board of Commissioners, held on Wednesday, May 9, 2018, at 5:00 p.m., in the Training Room in the lower level of City Hall located at 300 South 5th Street, Mayor Harless presided, and upon call of the roll by the Assistant City Clerk, the following answered to their names: Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). - INVOCATION��',.m Commissioner Holland gave the invocation. uu`�,' r � PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. EXECUTIVE SESSION Mayor Harless offered motion, seconded by Commissioner Rhodes, that the Board go into closed session for discussion of matters pertaining to the following topics: • Issues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.810(1)(f) Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). Commissioner Holland left the meeting at 5:45 p.m. OPEN SESSION Mayor Harless offered motion, seconded by Commissioner Rhodes, that the Board reconvene in open session. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Harless (4). ADJOURN Mayor Harless offered motion, seconded by Commissioner Wilson to adjourn the meeting. All in favor. Meeting ended at approximately 7:02 p.m. ADOPTED: May 29, 2018 City Clerk Assistant City Clerk Mayor May 14, 2018 At a Called Meeting of the Board of Commissioners, held on Tuesday, May 14, 2018, at 4:30 p.m., held at the Parks & Recreation Building, 1400 H.C. Mathis Drive, in Classroom No.2 on the 2nd Floor, Mayor Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Rhodes, Wilson and Mayor Harless (4). Commissioner Holland arrived a few minutes late (1). INVOCATION Commissioner Abraham gave the invocation. i PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. ANNOUNCEMENT OF CANDIDATES FOR POSITION OF CITY MANAGER Mayor Harless announced the following four candidates have been invited to participate in the on-site interview process scheduled for May 21 and 22. The finalists are as follows: Cole O'Donnell, James (Jim) Arndt, James (Jim) Halasz, and James (Mark) Rooney. A meet and greet reception, which is open to the public, is schedule for Monday, May 21 beginning at 5:15 at the Julian Carroll Convention Center. MUNICIPAL ORDER AUTHORIZE MAYOR TO EXECUTE NOTICE OF INTENT FOR STORM WATER DISCHARGES FROM THE CITY Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A NOTICE OF INTENT TO BE SUBMITTED TO THE KENTUCKY DIVISION OF WATER FOR AUTHORIZATION BY A KENTUCKY POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FOR STORM WATER DISCHARGES FROM A SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM (sMS4) TO RECEIVING WATERS OF THE COMMONWEALTH," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (4). M.O.#2099; BK 10 BUDGET WORKSHOP PRESENTATIONS & DISCUSSION The Board of Commissioners and Department Directors participated in a budget workshop for FY2019 with the City Manager Mark Thompson beginning the discussion with an overview of the budget and its preparation that began in January. Mr. Thompson also explained the City is already looking ahead to FY2020. Four committees will be created soon, each led by two members of the Board of Commissioners, to develop plans regarding the following topics: City -owned facilities, vehicles, support of outside agencies, and revenue opportunities. Each committee will be challenged to either find efficiencies or new strategies regarding these topics. The plan is to have recommendations from these committees by January as the City enters the Fiscal Year 2020 budget process. Finance Director Jon Perkins summarized the general fiind. Directors from the Finance, Human Resources, Information Technology, General Government, Planning, Parks, Police, Fire and Engineering -Public Works departments gave a synopsis of staffing, operations, past successes, and proposed departmental changes and budgetary needs. May 14, 2018 Director Ed McManus was unable to attend and will present his budget presentation at a future meeting. ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Rhodes to adjourn the meeting. All in favor. Meeting ended at approximately 9:08 p.m. ADOPTED: May 29, 2018 City Clerk Mayor May 22, 2018 At a Called Meeting of the Board of Commissioners, held on Tuesday, May 22, 2018, at 7:30 a.m., in the Kennedy Room at the Julian Carroll Convention Center, 415 Park Ave, Paducah, Kentucky, Mayor Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). INVOCATION Commissioner Abraham gave the invocation. '#� ',% >, PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. EXECUTIVE SESSION Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board go into closed session for discussion of matters pertaining to the following topics: • Issues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.810(1)(f) Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). OPEN SESSION Commissioner Rhodes offered motion, seconded by Mayor Harless, that the Board reconvene in open session. Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes, Holland, Wilson and Mayor Harless (5). ADJOURN Mayor Harless offered motion, seconded by Commissioner Wilson to adjourn the meeting. All in favor. Meeting ended at approximately 5:10 p.m. ADOPTED: May 29, 2018 City Clerk Mayor May 22, 2018 At a Regular Meeting of the Board of Commissioners, held on Tuesday, May 22, 2018, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Harless presided, and upon call of the roll by the City Manager, the following answered to their names: Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). INVOCATION Commissioner Holland gave the invocation. v ; v, PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. ADDITIONS/DELETIONS City Manager Mark Thompson asked for the Executive Session to be deleted. MOTION SELECTION OF CITY MANAGER Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Mayor to enter into contract negotiations in order to reach a mutually agreeable contract with Mr. James Ardnt. Upon reaching an agreement the Board will select Mr. Ardnt as City Manager of the City of Paducah. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). ADJOURN Mayor Harless offered motion, seconded by Commissioner Holland, to adjourn the meeting. All in favor. Meeting ended at approximately 5:37 p.m. ADOPTED: May 29, 2018 City Clerk Mayor May 23, 2018 At a Called Meeting of the Board of Commissioners, held on Wednesday, May 23, 2018, at 5:30 p.m., held at the Parks & Recreation Building, 1400 H.C. Mathis Drive, in the Senior Activity Room on the 1St Floor, Mayor Harless presided, and upon call of the roll by the Assistant City Clerk, the following answered to their names: Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). INVOCATION L'• 1 F 4 tL Commissioner Abraham gave the invocation. r, r PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. MUNICIPAL ORDER APPROVE GRANT APPLICATION TO THE BULLETPROOF VEST PARTNERSHIP PROGRAM FOR SWAT VESTS Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE CITY OF PADUCAH PLANNING DEPARTMENT TO APPLY FOR A 2018 U.S. BULLETPROOF VEST PARTNERSHIP GRANT IN AN AMOUNT NOT TO EXCEED $7,030 THROUGH THE U.S. DEPARTMENT OF JUSTICE FOR USE BY THE POLICE DEPARTMENT," be adopted. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). M.O. #2100; BK 10 BUDGET WORKSHOP PRESENTATIONS & DISCUSSION The Board of Commissioners participated in a budget workshop for FY2019. Emergency Communications Services Department Director Ed McManus gave a synopsis of staffing, operations, past successes, proposed departmental changes and budgetary needs for the E-911 Department. Finance Director Jon Perkins summarized the Investment Fund for FY2019 which includes historic commitments, ongoing commitments, new projects, streets and sidewalks, and debt service. The Commission discussed funding options for upcoming projects and contracts for services with local organizations. ADJOURN Mayor Harless offered motion, seconded by Commissioner Rhodes to adjourn the meeting. All in favor. Meeting ended at approximately 9:13 p.m. ADOPTED: May 29, 2018 City Clerk Assistant City Clerk Mayor CITY OF PADUCAH May 29, 2018 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. City Manager's Si ure Date CITY OF PADUCAH PERSONNEL ACTIONS May 29, 2018 POLICE OPERATIONS POSITION RATE NCS/CS FLSA EFFECTIVE DATE Strong, Codey R. Police Officer Recruit $22.25/Hr. NCS Non -Ex June 7, 2018 Thomason, Cameron Police Officer Recruit $21.00/Hr. NCS Non -Ex June 21, 2018 Jones, Brandon R. Police Officer Recruit $21.00/Hr. NCS Non -Ex June 21, 2018 Anthony, Benjamin W. Police Officer Recruit $21.00/Hr. NCS Non -Ex June 21, 2018 PLANNING Axt, Katie Downtown Development Specialist $28.45/Hr. NCS Exempt July 19, 2018 PARKS SERVICES POSITION RATE NCS/CS FLSA EFFECTIVE DATE Shaw, Austin C. Laborer $9.00/Hr. NCS Non -Ex May 22, 2018 Stapleton, Carrie Park Ranger $8.67/Hr. NCS Non -Ex June 7, 2018 Taylor, Mark Lifeguard $8.37/Hr. NCS Non -Ex June 6, 2018 t � _ � E� S' R �Mb,�..5•-F�" =1.�1SS �Et�' W PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY PARKS SERVICES Shannon, Mack Recreation Leader Recreation Leader- Internship NCS Non -Ex May 30, 2018 $8.00/Hr. $8.50/Hr. EPW - SOLID WASTE Carruthers, Timothy K. Laborer Truck Driver NCS Non -Ex May 10, 2018 $17.00/Hr. $18.13/Hr. EPW - SOLID WASTE POSITION REASON EFFECTIVE DATE Bobo.Jr., Richard A. Truck Driver Retirement May 25, 2018 PARKS SERVICES POSITION REASON EFFECTIVE DATE Buckingham, Madelyn Lifeguard Declined position May 10, 2018 Matteson, Kelsy Laborer Resigned May 14, 2048 MUNICIPAL ORDER NO. 2-01 A MUNICIPAL ORDER ADOPTING AN AMENDMENT TO THE FY2017-2018 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City desires to amend the Pay Grade Schedule to create the position of Crime Analyst II; and WHEREAS, in order to implement the changes it is necessary to amend the FY2017-2018 Pay Grade Schedule. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby adopts and approves the amendment to the FY2017-2018 Pay Grade Schedule as attached hereto. SECTION 2. This Order will 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, May 29, 2018 Recorded by Tammara S. Sanderson, City Clerk, May 29, 2018 \mo\pay grade schedule- 5-29-18 Pay grade schedule is saved in excel as pay grade schedule 5-29-18 FY 2017 - 2018 Pay Grade Schedule May 29, 2018 New Hire Range Market Range Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid -Point 3rd Qrt 4th Premium Firefighter (Appointee) A $24,486 $27,219 $29,957 $32,737 $35,520 Account Clerk B $25,558 $28,546 $31,448 $34,326 $37,202 Admin Asst I B $25,558 $28,546 $31,448 $34,326 $37,202 Accounts Payable Clerk C $27,009 $30,015 $33,020 $36,111 $39,200 Admin Asst II C $27,009 $30,-015 $33,020 $36,111 $39,200 Admin Assistant 911 C $27,009 $30,015 $33,020 $36,111 $39,200 Code Enforcement Assistant C $27,009 $30,015 $33,020 $36,111 $39,200 Data Entry Clerk 911 C $27,009 $30,015 $33,020 $36,111 $39,200 Evidence Technician I C $27,009 $30,015 $33,020 $36,111 $39,200 Laborer C $27,009 $30,015 $33,020 $36,111 $39,200 Permit Specialist C $27,009 $30,015 $33,020 $36,111 $39,200 Records Clerk I C $27,009 $30,015 $33,020 $36,111 $39,200 Revenue Technician C $27,009 $30,015 $33,020 $36,111 $39,200 ROW Maintenance Person C $27,009 $30,015 $33,020 $36,111 $39,200 Solid Waste Truck Driver C $27,009 $30,015 $33,020 $36,111 $39,200 Administrative Asst III D $28,269 $31,470 $34,672 $37,829 $40,986 Records Clerk 11 D $28,269 $31,470 $34,672 $37,829 $40,986 Concrete Finisher E $29,741 $33,074 $36,405 $39,746 $43,087 Equipment Operator E $29,741 $33,074 $36,405 $39,746 $43,087 Firefighter E $29,741 $33,074 $36,405 $39,746 $43,087 Maintenance Technician E $29,741 $33,074 $36,405 $39,746 $43,087 Permit Technician E $29,741 $33,074 $36,405 $39,746 $43,087 Recreation Specialist E $29,741 $33,074 $36,405 $39,746 $43,087 Records Clerk III E $29,741 $33,074 $36,405 $39,746 $43,087 Traffic Tech E $29,741 $33,074 $36,405 $39,746 $43,087 Asst. City Clerk F $31,212 $34,719 $38,226 $41,759 $45,294 Cemetary Sexton F $31,212 $34,719 $38,226 $41,759 $45,294 Compost Equipment Operator F $31,212 $34,719 $38,226 $41,759 $45,294 Evidence Tech II F $31,212 $34,719 $38,226 $41,759 $45,294 Executive Asst I F $31,212 $34,719 $38,226 $41,759 $45,294 Firefighter Relief Driver F $31,212 $34,719 $38,226 $41,759 $45,294 Floodwall Operator F $31,212 $34,719 $38,226 $41,759 $45,294 Telecommunicator F $31,212 $34,719 $38,226 $41,759 $45,294 Code Enforcement Officer I G $32,788 $36,462 $40,138 $43,818 $47,501 Fleet Mechanic I G $32,788 $36,462 $40,138 $43,818 $47,501 HR Generalist G $32,788 $36,462 $40,138 $43,818 $47,501 911 Shift Supervisor H $34,365 $38,254 $41,960 $45,979 $49,814 Fire Lieutenants H $34,365 $38,254 $41,960 $45,979 $49,814 Help Desk Technician H $34,365 $38,254 $41,960 $45,979 $49,814 FY 2017-2018 Pay Grade Schedule May 29, 2018 New Hire Range Market Range Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid -Point 3rd Qrt 4th Premium Housing Specialist H $34,365 $38,254 $42,143 $45,979 $49,814 Events & Promotions Specialist H $34,365 $38,254 $42,143 $45,979 $49,814 Marketing Specialist H $34,365 $38,254 $42,143 $45,979 $49,814 Fire Captains 1 $36,151 $40,201 $44,251 $48,346 $52,440 Fleet Mechanic II 1 $36,151 $40,201 $44,251 $48,346 $52,440 Executive Asst II 1 $36,151 $40,201 $44,251 $48,346 $52,440 Journeyman Electrician 1 $36,151 $40,201 $44,251 $48,346 $52,440 Office Manager 1 $36,151 $40,201 $44,251 $48,346 $52,440 Accountant J $37,938 $42,201 $46,464 $50,712 $54,963 Deputy Building Inspector I J $37,938 $42,201 $46,464 $50,712 $54,963 Deputy Electrical Inspector I J $37,938 $42,201 $46,464 $50,712 $54,963 Code Enforcement II J $37,938 $42,201 $46,464 $50,712 $54,963 Deputy Fire Marshal I J $37,938 $42,201 $46,464 $50,712 $54,963 Engineering Technician J $37,938 $42,201 $46,464 $50,712 $54,963 IT Specialist I J $37,938 $42,201 $46,464 $50,712 $54,963 Police Officer J $37,938 $42,201 $46,464 $50,712 $54,963 Revenue Auditor J $37,938 $42,201 $46,464 $50,712 $54,963 Records Division Manager K $39,830 $44,309 $48,787 $53,293 $57,795 Crime Analyst K $39,830 $44,309 $48,787 $53,293 $57,795 Assistant Director 911 L $40,680 $45,948 $51,225 $56,510 $61,794 Code Enforcement Supervisor L $40,680 $45,948 $51,225 $56,510 $61,794 Deputy Building Inspector 11 L $40,680 $45,948 $51,225 $56,510 $61,794 Deputy Electrical Inspector II + Plan L $40,680 $45,948 $51,225 $56,510 $61,794 Engineer Asst II L $40,680 $45,948 $51,225 $56,510 $61,794 Fire Marshall II L $40,680 $45,948 $51,225 $56,510 $61,794 Grants Administrator L $40,680 $45,948 $51,225 $56,510 $61,794 Parks Maintenance Supervisor L $40,680 $45,948 $51,225 $56,510 $61,794 Planner I L $40,680 $45,948 $51,225 $56,510 $61,794 EPW Supervisor -(Compost Operations, Fleet, Maintenance, Street, Solid Waste) L $40,680 $45,948 $51,225 $56,510 $61,794 Chief Electrical Inspector M $42,667 $48,228 $53,788 $59,314 $64,840 Community Development Planner M $42,667 $48,228 $53,788 $59,314 $64,840 Deputy Building Inspector III/Plan Review M $42,667 $48,228 $53,788 $59,314 $64,840 Downtown Development Specialist M $42,667 $48,228 $53,788 $59,314 $64,840 Engineer Asst III M $42,667 $48,228 $53,788 $59,314 $64,840 Fire Marshall III M $42,667 $48,228 $53,788 $59,314 $64,840 Planner 11 M $42,667 $48,228 $53,788 $59,314 $64,840 Special Events Coordinator M 1 $42,667 1 $48,228 $53,788 $59,314 $64,840 FY 2017 - 2018 Pay Grade Schedule May 29, 2018 New Hire Range Market Range Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid -Point 3rd Qrt 4th Premium Chief Building Inspector N $44,428 $50,676 $56,476 $62,340 $68,203 Battalion Chief N $44,428 $50,676 $56,476 $62,340 $68,203 Fire Marshall N $44,428 $50,676 $56,476 $62,340 $68,203 Parks Maintenance Superintendent N $44,428 $50,676 $56,476 $62,340 $68,203 Recreation Superintendent N $44,428 $50,676 $56,476 $62,340 $68,203 EPW Street Superintendent N $44,428 $50,676 $56,476 $62,340 $68,203 EPW Floodwall Superintendent N $44,428 $50,676 $56,476 $62,340 $68,203 EPW Fleet Maintenance Superintendent 0 $47,080 $53,190 $59,301 $65,434 $71,567 GIS Analyst 0 $47,080 $53,190 $59,301 $65,434 $71,567 EPW Operations Manager 0 $47,080 $53,190 $59,301 $65,434 $71,567 Risk Manager 0 $47,080 $53,190 $59,301 $65,434 $71,567 Assistant to the City Manager P $49,392 $55,830 $62,264 $68,650 $75,034 City Clerk P $49,392 $55,830 $62,264 $68,650 $75,034 Crime Analyst II P49 39255 830 $62,264 5§8 65075 034 GIS/Planner P $49,392 $55,830 $62,264 $68,650 $75,034 Network Administrator P $49,392 $55,830 $62,264 $68,650 $75,034 Public Information Officer P $49,392 $55,830 $62,264 $68,650 $75,034 Section 8 Housing Admin P $49,392 $55,830 $62,264 $68,650 $75,034 Police Sergeant P $49,392 $55,830 $62,264 $68,650 $75,034 GIS Specialist P $49,392 $55,830 $62,264 $68,650 $75,034 Police Captain Q $51,915 $58,647 $65,379 $72,151 $78,924 Fire Assistant Chief Q $51,915 $58,647 $65,379 $72,151 $78,924 Engineer Project Manager R $54,436 $61,542 $68,648 $75,677 $82,707 Storm & Drain Engineer R $54,436 $61,542 $68,648 $75,677 $82,707 Deputy Fire Chief - Operations S $57,169 $64,624 $72,081 $79,495 $86,910 Director of Inspection S $57,169 $64,624 $72,081 $79,495 $86,910 Police. Assistant Chief S $57,169 $64,624 $72,081 $79,495 $86,910 Revenue Manager S $57,169 $64,624 $72,081 $79,495 $86,910 Assistant Public Works Director T $60,113 $67,898 $75,684 $83,505 $91,324 Controller T $60,113 $67,898 $75,684 $83,505 $91,324 Deputy Fire Chief - Fire Prevention T $60,113 $67,898 $75,684 $83,505 $91,324 Director of 911 T $60,113 $67,898 $75,684 $83,505 $91,324 Exec Director PRA T $60,113 $67,898 $75,684 $83,505 $91,324 Director of IT U $63,054 $71,261 $79,468 $91,389 $100,528 Director of Parks V $66,207 $74,824 $83,442 $95,958 $105,522 Director of Planning V $66,207 $74,824 $83,442 $95,958 $105,522 FY 2017 - 2018 Pay Grade Schedule May 29, 2018 New Hire Range Market Range Premium Range Title Pay Grade Beginning -1st 2nd Qtr Mid -Point 3rd Qrt 4th Premium Human Resource Director V $66,207 $74,824 $83,442 $95,958 $105,522 No Position W $69,570 $78,592 $87,614 $100,756 $110,832 Fire Chief X $73,038 $82,516 $91,994 $105,793 $116,373 No Position Y $76,611 $86,603 $96,594 $111,084 $122,192 Assistant City Manager Z $80,499 $90,963 $101,425 $116,638 $128,302 Director of Finance Z $80,499 $90,963 $101,425 $116,638 $128,302 City Engineer & Public Works Director Z $80,499 $90,963 $101,425 $116,638 $128,302 Police Chief Z $80,499 $90,963 $101,425 $116,638 $128,302 City Manager AA 1 $108,454 $122,536 $136,618 $157,111 1 $172,823 Agenda Action Form Paducah City Commission Meeting Date: May 29, 2018 Short Title: Amend Pay Grade Schedule ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Martin Russell , Presentation By: Martin Russell Background Information: April 24, 2018 the Commission adopted a new Pay Grade Schedule; this action will create a Crime Analyst II position in category (P) on the Pay Grade Schedule. Police Department • Creation of Crime Analyst II position. . This action will amend the current Pay Grade Schedule. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods[] Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Adopt the amended Pay Grade Schedule Attachments: Pay Grade Schedule. Department Head City Clerk City �n ger "l DON MUNICIPAL ORDER NO.AlTOD A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO PAY CLEAN EARTH, INC., FOR THE DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE AND ELECTRONIC WASTE COLLECTED DURING THE CITY/COUNTY FREE CLEAN- UP DAY WHEREAS, the City of Paducah and McCracken County co-sponsored a free Clean -Up Day on April 14, 2018, to assist McCracken County property owners with disposal of various waste; and WHEREAS, the City will receive partial funding for the free Clean -Up Day from the Kentucky Division of Waste Management; and WHEREAS, in accordance with State of Kentucky requirements, a Kentucky certified hazardous waste service is required to dispose of all hazardous waste; and WHEREAS, Clean Earth, Inc., located in Calvert City, Kentucky, is the only local, certified hazardous collector and therefore was requested to collect and dispose of the household hazardous waste and electronic waste during the free Clean -Up Day; and WHEREAS, this year's collection of hazardous waste and electronic waste cost exceeded $20,000 and therefore, requires Procurement Code procedures to be implemented. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Finance Director is hereby authorized to pay Clean Earth, Inc., the amount of $27,669.70, for the disposal of household hazardous waste and electronic waste collected during the City/County free Clean -Up Day. SECTION 2. This expenditure shall be charged to Project Account No. MR0070. 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, May 29, 2018 Recorded by Tammara S. Sanderson, City Clerk, May 29, 2018 \rno\household haz waste -Clean Earth 2018 Agenda Action Form Paducah City Commission Meeting Date: May 29, 2018 Short Title: Authorize Payment to Clean Earth, Inc. for Household Hazardous & Electronic Waste Collected during 2018 Clean -Up Day ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Chris Yarber, Assistant Public Works Director Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On April 14, 2018 the City of Paducah co-sponsored along with McCracken 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 $27,669.70. 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 Downtowns Funds Available: Account Name: Fees / Landfill_Z) Project Number: MR0070 Finance Account Number: 50002209-520040 Staff Recommendation: To adopt a Municipal Order authorizing the payment of $27,669.70 to Clean Earth, Inc., for collection and disposal of household hazardous and electronic waste collected during the free Clean -Up Day on April 14, 2018. Attachments: Invoice MUNICIPAL ORDER NO. o�tb6 , A D �� "ED A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO HEALTHWORKS MEDICAL LLC FOR ANNUAL MEDICAL SCREENING SERVICES REQUIRED FOR THE FIRE SUPPRESSION DIVISION OF THE PADUCAH FIRE DEPARTMENT WHEREAS, the City of Paducah Fire Department received quotes for medical screening services that are required annually for the Fire Suppression Division of the Paducah Fire Department; 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 Commissioners if the aggregate amount exceeds $20,000; and KENTUCKY: WHEREAS, to date the aggregate amount of the services totals $22,937.00; and NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City of Paducah hereby authorizes and directs the Finance Director to make payment in the amount of $22,937.00 to Healthworks Medical. LLC for annual medical screening services required for the Fire Suppression Division of the Paducah Fire Department. SECTION 2. These expenditures will be charged to account no. 10001802 539270. SECTION 3. This Order will 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, May 29, 2018 Recorded by Tammara S. Sanderson, City Clerk, May 29, 2018 \mo\fire-medical screening services-Healthworks Agenda Action Form Paducah City Commission Meeting Date: 5/29/18 Short Title: Request for an Municipal Order authorizing payment to a vendor for an aggregate amount over $20,000 in the amount of $22,937.00 ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Matt Tinsley Presentation By: Steve Kyle Background Information: This is for the payment of professional services for medical surveillance for the fire department totaling $22,937.00. No one item is over twenty thousand dollars ($20,000) so no bids were taken, but the aggregate total of all items purchased exceeds ($20,000) and requires an municipal order for purchase. Goal: ❑Strong Economy ® Quality Services[:] Vital Neighborhoods[] Restored Downtowns Funds Available: ~�\ ��Finacewnce -, \ Funds for medical surveillance are included in 2018 budge Account Name: Employment Testing Account Number: 10001802-53927 Staff Recommendation: Staff recommends adoption of municipal order authorizing payment of $22,937.00 to Healthworks Medical LLC. Attachments: j HealthWofks'r ' MEDICAL ' LLC 127 Alben Barkley Drive phone 270.448.9355 Paducah, KY 42001 fax 270.446.9361 ACCOUNT: Paducah Fire Department City of Paducah April 23, 2018 INVOICE: 170766 DATES OF SERVICES: March 2018 TERMS: Due upon receipt Description of Services Total Charges Paducah Annual Physical 61 Physicals $22,937.00 TOTAL DUE $ 22,937.00 Please Remit Payment to: HealthWorks Medical, LLC 127 Alben Barkley Drive Paducah, KY 42001 Mark H. Thompson Interim City Manager 300 South Fifth Street Paducah, KY 42003 TO FROM SUBJECT: DATE : MEMORANDU Stephen Kyle, Fire Chief Mark H. Thompson, Interim City Manager Written Procurement — Professional Services February 6, 2018 Phone 270-444-8503 Fax 270-443-5058 mthompson@paducahky.gov I have read your written procurement determination recommendation and concur with your findings. Competitive bidding for the procurement of licensed professional services is not feasible under the circumstances cited. Proceed with using Healthworks Medical as our vendor for these services. MHT:csm Paducah Fire Department Office of the Fire Chief 301 Washington Street Paducah, KY 42003 Stephen D. Kyle, Fire Chief skyle@paducahky.gov/270-444-8521 MEMORANDM FOR RECORD TO: Mark Thompson Interim City Manager FROM: Stephen Kyle�� Fire Chief SUBJECT: Written Procurement professional services DATE: January 30, 2018 This is a written procurement determination recommendation under KRS 45A.380 Noncompetitive Negotiation for professional services. The professional services being recommended are healthcare services in the form of comprehensive annual physicals. There are only two companies in Paducah that provide this service Healthworks and Baptistworx. The last time we had to change, we experienced a large amount of difficulty and extra work on staff. The problems we experienced were: 1) we had a very difficult time transferring medical records from one company to the other. This was not only due to HIPPA Regulations but the company we were leaving was very difficult to deal with. In order to transfer medical records each employee had to sign a medical release for their records to be transferred. 2) Other issues we faced were employees having to have services repeated due to lost and improper record keeping from the company we left. 3) An example of issues with the improper record keeping. 1. The department would hire 4 new recruits they would be sent to our previous vendor for new hire Physicals, Hep - B vaccines, T.B. Tests Blood work, hearing, and vision tests. 2. When they would report to recruit training we would start checking off the items above to insure that it had been documented and most every time different things were not done. 4) In addition, we had problems with extremely long waits for our employees. Our current vendor schedules us early in the morning and gets the employees in and out so that they are available for response. The items, listed above, make competitive bidding not feasible and are an increase in the expense to the City. My recommendation is to utilize KRS 45A.380 Noncompetitive negotiation for this service and continue to use Healthworks Medical as our vendor. I ask that as a designee of the City of Paducah, pursuant to KRS 45A.380, you make a written determination that competitive bidding for the procurement of licensed professional services in this regard is not feasible for the reasons cited herein. Agenda Action Form Paducah City Commission Meeting Date: May 29, 2018 Short Title: Transfer Funds from Commission Contingency into Legal Fees Account ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Claudia Meeks and Jonathan Perkins Presentation By: Mark Thompson, Interim City Manager Background Information: The legal fees account has been depleted, with three months remaining in this fiscal year. This has been an unusual year as the City has been involved in several expensive and lengthy lawsuits; Codification of the City's Ordinances, City Manager search, and other issues and personnel actions, that have required legal advice. General Government currently has three attorneys that represent us in various areas. It is difficult to anticipate the amount of legal fees billed on a monthly basis; however, an estimated average monthly billing is approximately $15,000. Funds Available: Account Name: Account Number: Finance Staff Recommendation: Transfer $40,000 from Commission Contingency into the General Legal Fund (10000 105 523050) to cover costs of legal billing for the remainder of the fiscal year. Attachments: Municipal Order 04 MUNICIPAL ORDER NO. 62 TEAB�U A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO TRANSFER $40,000 FROM THE COMMISSION CONTINGENCY FUND TO THE GENERAL LEGAL FUND FOR LEGAL BILLING FOR THE REMAINDER OF FISCAL YEAR 2018 BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Finance Director is hereby authorized and directed to transfer $40,000, from the Commission Contingency fund to the General Legal Fund to cover costs of legal fee billing for the remainder of fiscal year 2018. SECTION 2. 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 May 29, 2018 Recorded by Tammara S. Sanderson, City Clerk, May 29, 2018 \mo\budget transfer Legal Fees Lindsay Parish From: Mark Thompson Sent: Tuesday, May 29, 2018 9:04 AM To: Commissioners Cc: Claudia Meeks; Tammy Sanderson; Lindsay Parish Subject: Attorney Billings April 2018 Attachments: D00052918-05292018082210.pdf All: A couple of you have requested to review the. attorney billings for the last month due to the request for the application of contingency funds. Attached you will find the billings from Denton Firm; Keuler, Kelly, Hutchens & Blankenship (both local firms dealing with a variety of issues for the City); and Moss Barnett (our cable franchise attorney). Four cases have had major movement or settlements in recent weeks. Each of these has been in our system for an extended period. • KKHB o Nevels vs. City of Paducah property dispute has been settled but still working on the agreed order of dismissal. o Potter vs. City of Paducah -We have received a Writ of Mandamus on the Falconite case at Olivet Village to mandate stormwater enforcement. o Barger vs. City of Paducah — Personal injury case has been settled. (KLC insurance) • Denton o Thomas vs. City of Paducah — Personal injury has been settled. (KLC insurance) Feel free to call if you have any questions. Mark H. Thompson City Manager City of Paducah, Kentucky 270-444-8503 mthompson@paducahky.gov I REN.T0N DENTON LAW FIRM, PLLC AW FIRM 555 JEFFERSON STREET P.O. BOX 969 PADUCAH, KY 42002-0969 Phone: (270) 450-8253 '_ "'�"""'— Fax: (270) 450-8259 E -Mail: dlf dentonfirm.com I.D. #47-4512895 Page: 1 CITY OF PADUCAH 04/30/2018 P 0 BOX 2267 ACCOUNT NO: 5M PADUCAH KY 42002-2267 ATTN: JON PERKINS FOR PROFESSIONAL SERVICES Balance GENERAL $12,600.00 PERSONNEL $187.60 M1SC ORDINANCES $2,512.50 $15,300.00 PAYMENTS RECEIVED AFTER THE LAST DAY OF EACH MONTH MAY NOT BE REFLECTED ON CURRENT MONTH'S BILLING. WE ACCEPT ALL MAJOR CREDIT CARDS. I ENTON ��NTON LAW P�C �� �� STREET �������. �~~~~~~~~^, ���v ^. �u���� P.O. BOX 969 D 969 Phone: (270) 450-8253 Fax: (270) 450-8259 E -Mail: 8.D,#47~4512895 Page: 1 CITY OFPADUUAH 04/30/2010 POBOX O2R7 ACCOUNT NO: 5-O0K8 RADUCAH KY 42002-2267 Statement No: 34 ATTN: JON PERKINS GENERAL PREVIOUS BALANCE $3,33750 HOURS 04K02/2018 HND Oscar CrossLease-nevkawandcompmnacunen lease vmthOscar Cross tnconcession agreement guidance provided byFederal Lands boParks Program 1.50 235.0.0 8OD receipt and review correspondence �� fro, 'K0nwlitigation and more problems 0.50 78.00 04/03/2018 HKAJ `re: Oscar Gross Leame�drafting correspondence toN|ork Ifiomnonnpdohan�eobolease 0.25 37.50 QOO re: Nobel Park Tennis Courts - receipt and review McDaniel synopsis; consultation w/K0mrkThompson nosynopsis and request for legal opinion; receipt and review correspondence, bid documents and other materials for review (4) 1.50 225.00 04/04Q018 H[NJ ne:TennioCoudw-,evewbidopecnonddouumentune ' tennis courts project; research payment for unforeseen circumstances; drafting opinion letter 3.25 487.50 HK8J 6�.Omoa[Cnqsorreceipt and reviewcorrespondence from ,wmm Thompson renew lease 0.25 '� 37.50 HKAJnmu��kxnv�Tnmmy�ondeoonnnaAB� vm/moona 0.26 ADB review correspondence from Regions' attnmayand review previous letters received 0'26 37.60 ADB re: ABC - receipt and review correspondence frnmTommy Sanderson re, Vibmz 0.50 0 GOD re: yNimo-conference m/K0onkThompson nocity matters and legal opinion; consultation m/TammySand em matter; receipt and revi p|iooUother license dooumor�o(2);ubn�KGaionv��reg Cherry nm Regions lawsuit vm�.bbay.�puopgqi@n;receipt and review correspondence from Tammy Sanderson oobusiness 0 CITY OF PADUCAH GENERAL Page: 2 04/30/2018 ACCOUNT NO: 5-OOM Statement No: 34 HOURS license revocation analysis 2.25 04/05/2018 HMJ re: Tennis Courts- drafting opinion letter; research extra work issues 3.00 450.00 ADB- search re revoking business license and for a e o revoke ABC license; research interplay between ABC investigator and police officers 2.00 300.00 04/06/2018 HMJ re: Tennis Courts- drafting opinion letter; drafting correspondence to Mark Thompson re opinion letter 2.25 337.50 ADB re: ABC - Vibez - teleconference w/Tammy Sanderson 0.257.50 WDD r , nvenii 'Center Corporation - consultation w/Department of Local Government; research board composition 0.50 75.00 GDD re: Order - analysis of opinion letter for city manager re change order 0.25 37.50 04/0912018 ADB re: ABC - Vibeza research revocation/suspension of lic on the state and local levels; compiling chart and research 1.00 150.00 GDD re;&A&v preparation for conference w/Tammy Sanderson and Chief Barnhill re ABC issue 0.50 75.00 LHE re: Recodification - email communications w/Tammy Sanderson; review draft code; consultation w/Roger Merrian 1.50 225.00 04/10/2018 ADB re: - Vibez - final research re revocation/suspension process; meeting with Tammy Sanderson and Chief Barnhill to discuss Vibez 2.25 GDD re: - conference w/Tammy Sanderson and Chief ifarnhill re ABC issues 1.00 150.00 04/11/2018 ADB re: Transient. Tax.- drafting correspondence to Tammy Sanderson; drafting correspondence to John Perkins 0.25 f .37.5.0. LHE re: CivieClerk Agreement - email communications w/Lindsay Parish 0.50 75.00 04/13/2018 ADB re: South.gate..Manor.-_analysis of issues; research options for City" "" 0.50 7.5.0.0. 0 CITY OF PADUCAH GENERAL Page: 3 04/30/2018 ACCOUNT NO: 5-OOM Statement No: 34 HOURS LHE re: Floodwall email communications w/Sheryl Chino; review Clear Site Certificate 0.75 112.50 LHE re: CivicClerk Agreement - review service agreement and statement of work; drafting comments to service agreement and statement of work; email communications w/Lindsay Parish 1.00 150.00 04115/2018 ADB re;_.Southga#e..Manor.- research violations; drafting memorandum.::.:... 1.50 225.00 04/16/2018 ADI3 re: Transient. Tax.-. prepare for meeting with Jonathon Perkins; meeting with Jonathan Perkins 1.75 262.50 ADB rer, Southgate.Manor, drafting memorandum; conference w/David-Dedton, Greg Cherry, and Mayor Harless 1.50 0__0 225.------- GDD re; South g ate:Manoi receipt and review correspondence ------.::..._g_. ------ - - from Phil Little re Southgate Manor Apartments 0.50 -75:00; WDD - conference w/Greg Cherry and Mayor Ire:...Southgate.Manor Harless 1.00 04/17/2018 ADB re: ..Transient .Tax - review financial documents provided by Jon'Perkih§Aelecvnference w/Jon Perkins; calculate when we will have surplus balance 2.25 3.3.7.50 ADB red_Abbey.; Iropertieaottend meeting w/ Greg Cherry, Steve Kyle, Mark Thompson,and Glenn; drafting order granting LHE motion to intervene in Regions lawsuit re: Ploodwall Proie consultation Mansfield;'=' 1.75 262.50 w/Maegan conference w/Maegan Mansfield re amendment of contract with DHR for design and construction of Pumpstation 2 and 9 1.50 2251,Q„ LHE re: v - conference w/Josh Sommer re amen men o infill agreement 0,50 I: 5 GDD re: ,Abbe. ,:Pro erties - conference w/Mark Thompson, Steve�� Kyle acid Greg Cherry re intervention in Kresge Building lawsuit; receipt and review Varney Trust deed to Varney LLC; drafting correspondence to Mark Thompson re downtown buildings 1.50 225.00 04/18/2018 HMJ re: OCBGC- drafting new Concession Agreement 1.00 150.00 Page: 4 CITY OF PADUCAH 04/30/2018 ACCOUNT NO: 5-OOM Statement No: 34 GENERAL 04/24/2018 ADB re: Abbey.::Rroperties - teleconference w/Jay Campbell; teleconference w/Maranda Whitely; visit Maranda Whiteley's business to inspect water intrusion issue; meeting w/Greg Cherry, Mark Thompson, and Glenn Denton; additional drafting of intervening complaint, motion to intervene, and order granting leave to intervene 4.00 600,00{, LHE re: Floodwall Project - drafting first amendment to " "�` HOURS ADB re: Transient Tax - research what the 2% tax can be spent Vin; coi�pilirig financials 0.75..112,50. ADB re;,,Abbey,, Properties. - drafting motion to intervene 0.50 75.Ob ' LHE re., ""' "`n'De��la""' men - review amended and restated Mou, mai comm nications w/Josh Sommers of City Planning re Phase I Infill Development Agreement; email communications w/Lindsay Parish; drafting revisions to amended and restated Mou 2.00 300,00 LHE re: Floodwall project - email communications w/Maegan Mans ie � 0.25 37.501. GDD re: Abbey.,PYropery, analysis of Motion to Intervene and �"��' Intervening complaint 2.00 300..00 04/19/2018 LHE re: . i Cie a4Villagq - drafting second amen a and resfa�tMOtJ; drafting ordinance approving second amended and restated MOU; drafting ordinance summary; drafting City Agenda Action Form; drafting correspondence to Josh Sommer and City Clerk; consultation w/Rick Murphy; receipt and review correspondence from Jon Perkins 5.25 787.50 04/20/2018 ADB re: Ab§ey,..Prgperiesf drafting intervening complaint, motion to intervene;"aricTo@er granting motion 4.50 675.00 KS re: /abbey - drafting legal description for intervening comolgfi p 0,50 �.75,FQ0 04/23/2018 LHE re: Strategic plan - consultation w/City Clerk's Office; email communications w/City Clerk 0.50 75.00 GDD re: Complaints - receipt and review correspondence from Greg Cherry re Kresge building and flooding Complaints 0.25 37.50 04/24/2018 ADB re: Abbey.::Rroperties - teleconference w/Jay Campbell; teleconference w/Maranda Whitely; visit Maranda Whiteley's business to inspect water intrusion issue; meeting w/Greg Cherry, Mark Thompson, and Glenn Denton; additional drafting of intervening complaint, motion to intervene, and order granting leave to intervene 4.00 600,00{, LHE re: Floodwall Project - drafting first amendment to " "�` Page: 5 CITY OF PADUCAH 04/30/2018 ACCOUNT NO: 5-OOM Statement No: 34 GENERAL HOURS professional services agreement with HDR Engineering; email communications w/Maegan Mansfield; review revised City Agenda Action form; drafting ordinance; open and organizing file 4.50 675.00 LHE re: Higdon Development - email communications w/Josh Sommer 0.25 37.50 GDD re: Misc - conference w/Mark Thompson and Greg Cherry re draft of Motion to Intervene, Intervening Complaint and Order; conference w/Maranda Whitely re adjacent building flooding damages; receipt and review repair estimate, pictures and videos of flooding damages; drafting revisions to pleadings re demolition by neglect; attend City Commission Meeting re executive session to discuss litigation 4.75 712.50 04/25/2018 HMJ re; Oscar Cross- drafting lease agreement 1.75 262.50 LHE re:`Floodwall Project - consultation w/Maegan Mansfield; drafting ordinance approving first amendment to professional services agreement with HDR Engineering 3.00 .: 450.00 . 04/26/2018 HMJ re,Oscar Cross -.drafting lease; drafting termination agreement for current lease 1.50 225.00 LHE re: Hig�n �p Le g.drafting revisions to second amended and restated MOU re Greenway Village, ordinance, agenda action form, and summary of ordinance; drafting correspondence to Josh Sommer 2.00 300.00 04/2712018 LHE re: Recodification - consultation w/Tammy Sanderson re cover page 0.25 37.50 04/30/2018 HMJ re: Comcast- receipt and review correspondence between Pam Spencer and Comcast; research indemnity/franchise law 0.75 112.50 ADB red .Transient Tax receipt and review correspondence from Jon Perkins; begin reviewing documents provided by Jon Perkins 0.25 t .37.50 LHE re: Strategic Plan - review City Commission Meeting video for April 24th; email communications w/Tammy Sanderson 1.50 225.00 CITY OF PADUCAH GENERAL Page: 6 04/30/2018 ACCOUNT NO: 5-OOM Statement No: 34 Payments 04123/2018 Payment by City of Paducah (f) -3,337.50 Balance Due $12,600.00 ACCOUNT NO: 5-01M Statement No: 3 PERSONNEL PREVIOUS BALANCE $562.50 HOURS 04/03/2018 HMJ re: Pederson- review severance agreement for lump sum provisions; analysis of possible lump sum payment 0.75 112.50 04/06/2018 HMJ re: Pederson- consultation with Jon Perkins re lump sum severance; drafting correspondence to Jon Perkins 0.50 75.00 FOR CURRENT SERVICES RENDERED 1.25 187.50 HOURS WDD re: Comcast Franchise - research re indemnification 0.25 37.50 FOR CURRENT SERVICES RENDERED 84.00 12,600.00 RECAPITULATION ATTORNEY HOURS HOURLY RATE TOTAL W. David Denton 1.75 $150.00 $262.50 Lisa H. Emmons 25.25 150.00 3,787.50 Glenn D. Denton 15.00 150.00 2,250.00 Kacey Sullivan 0.50 150.00 75.00 Holly M. Jones 15.75 150.00 2,362.50 Alexander D. Blackwell 25.75 150.00 3,862.50 Payments 04123/2018 Payment by City of Paducah (f) -3,337.50 Balance Due $12,600.00 ACCOUNT NO: 5-01M Statement No: 3 PERSONNEL PREVIOUS BALANCE $562.50 HOURS 04/03/2018 HMJ re: Pederson- review severance agreement for lump sum provisions; analysis of possible lump sum payment 0.75 112.50 04/06/2018 HMJ re: Pederson- consultation with Jon Perkins re lump sum severance; drafting correspondence to Jon Perkins 0.50 75.00 FOR CURRENT SERVICES RENDERED 1.25 187.50 Page: 7 CITY OF PADUCAH 04/30/2018 ACCOUNT NO: 5-01M Statement No: 3 PERSONNEL RECAPITULATION ATTORNEY HOURS HOURLY RATE TOTAL Holly M. Jones 1.25 $150.00 $187.50 Payments 04/23/2018 Payment by City of Paducah (f) -562.50 Balance Due $187.50 ACCOUNT NO: 5-08M Statement No: 33 MISC ORDINANCES PREVIOUS BALANCE $3,187.50 HOURS 04/02/2018 LHE re: Smoking - receipt and review correspondence from Commission Richard Abraham; consultation w/City Clerk; drafting motion to amend the introduced smoking ordinance 4.00 600.00 04/03/2018 LHE re: Smoking Ordinance - receipt and review correspondence from Commissioner Abraham; consultation w/City Clerk; drafting revisions to motion to amend introduced smoking ordinance 1.50 225.00 04/05/2018 LHE re: Smoking Ordinance - revisions to motion amending introduced smoking ordinance requested by Commissioner Abraham; drafting correspondence to City Clerk 1.50 225.00 04/09/2018 LHE re: Smoking Ordinance - consultation w/Major Harless 0.50 75.00 04/10/2018 LHE re: Smoking Ordinance - consultation w/Major Harless 0.50 75.00 04/12/2018 LHE re: Smoking Ordinance - review and analyze letter of Greg Troutman; email communications w/Tammy Sanderson; CITY OF PADUCAH MISC ORDINANCES Page: 8 04/30/2018 ACCOUNT NO: 5-08M Statement No: 33 Balance Due $2,512.50 HOURS review and analysis of smoking ordinance 1.50 225.00 04/13/2018 LHE re: Smoking - analysis of letter from Mr Troutman of the Ky Smoke Free Association and vaper retail stores; email communications w/City Manager and Lindsay Parish re Kountry Kastle; analysis of new ordinance as to "public enclosed places" and 15 feet rule 1.25 187.50 04/17/2018 LHE re: Smoking - conference w/Mark Thompson, City Manager, Tammy Sanderson, Lindsay Parish, and Pam Spencer w/City Clerk's Office; consultation w/Greg Troutman re his letter concerning a -vapor retail stores; research Louisville Metro's Smoking Ordinance and except for a -vapor products 2.00 300.00 HMJ re: Smoking Ordinance- research re golf course exemption; conference w/ Mark Thompson, Pam Spencer, Lindsay Parish, Tammy Sanderson, and Lisa Emmons re vape store exception 1.50 225.00 04/27/2018 LHE re: Smoking Ordinance - review the newly adopted smoke free ordinance; drafting amendments to new smoke-free ordinance for retail electronic smoking stores; email communications w/Mark Thompson and City Clerk's Office 2.50 375.00 FOR CURRENT SERVICES RENDERED 16.75 2,512.50 RECAPITULATION ATTORNEY HOURS HOURLY RATE TOTAL Lisa H. Emmons 15.25 $150.00 $2,287.50 Holly M. Jones 1.50 150.00 225.00 Payments 04/2312018 Payment by City of Paducah (f) -3,187.50 Balance Due $2,512.50 Total Balance Due $15,300.00 PAYMENTS RECEIVED AFTER THE LAST DAY OF EACH MONTH MAY NOT BE REFLECTED ON CURRENT MONTH'S BILLING, WE ACCEPT ALL MAJOR CREDIT CARDS. ]RENTON DENTON LAW FIRM, PLLC 555 JEFFERSON STREET AW FIRM P.O. sox 969 PADUCAH, KY 42002-0969 Phone: (270) 450-8253 Fag: (270) 450-8259 E-Mail: dMa-Wentonfirm.com I.D. #47-4512895 CITY OF PADUCAH P 0 BOX 2267 PADUCAH KY 42002-2267 ATTN: JON PERKINS FOR PROFESSIONAL SERVICES Misc. Foreclosures (In District) City of Paducah re Stan and Anne Chase CITY OF PADUCAH VS DANIEL EVERETT (ID FORECLOSURE) CITY OF PADUCAH RE LARRY RADER (FORECLOSURE) CITY OF PADUCAH RE CHIZ CABS, INC Page: 1 04/30/2018 ACCOUNT NO: 6M PAYMENTS RECEIVED AFTER THE LAST DAY OF EACH MONTH MAY NOT BE REFLECTED ON CURRENT MONTH'S BILLING. WE ACCEPT ALL MAJOR CREDIT CARDS. Balance $0.00 $0.00 $487.50 $187.50 $0.00 $675.00 YENTON DENTON LAW FIRM, PLLC FIRM JEFFERSON STREET AW .L-' IRM P.O. sox 969 PADUCAH, KY 42002-0969 Phone: (270) 450-8253 Fax: (270) 450-8259 E -Mail: dlfAdentonfirm.com I.D. #47-4512895 Page: 1 CITY OF PADUCAH 04/30/2018 P 0 BOX 2267 ACCOUNT NO: 6-00M PADUCAH KY 42002-2267 Statement No: 19 ATTN: JON PERKINS Misc. Foreclosures (In District) PREVIOUS BALANCE $75.00 Payments 04/23/2018 Payment by City of Paducah (f) -75.00 Balance Due $0.00 ACCOUNT NO: 6-08M Statement No: 9 City of Paducah re Stan and Anne Chase PREVIOUS BALANCE $112.50 Payments 04/23/2018 Payment by City of Paducah (f) -112.50 Balance Due $0.00 ACCOUNT NO: 6-09M Statement No: 8 CITY OF PADUCAH VS DANIEL EVERETT (ID FORECLOSURE) PREVIOUS BALANCE $487.50 HOURS 04/12/2018 LHE drafting motion for summary judgment, permanent easement and order of sale; drafting findings of fact, conclusions of law, summary judgment, permanent Page: 2 CITY OF PADUCAH 04/30/2018 ACCOUNT NO: 6-09M Statement No: 8 CITY OF PADUCAH VS DANIEL EVERETT (ID FORECLOSURE) HOURS injunction and order of sale 2.00 300.00 04/27/2018 LHE drafting affidavit in support of Motion for Summary Judgment and permanent injunction; drafting correspondence to Dylan Oliver 1.00 150.00 04/30/2018 LHE email communications w/Dylan Oliver 0.25 37.50 FOR CURRENT SERVICES RENDERED 3.25 487.50 RECAPITULATION ATTORNEY HOURS HOURLY RATE TOTAL Lisa H. Emmons 3.25 $150.00 $487.50 Payments 04/23/2018 Payment by City of Paducah (f) -487.50 Balance Due $487.50 ACCOUNT NO: 6-10M Statement No: 5 CITY OF PADUCAH RE LARRY RADER (FORECLOSURE) PREVIOUS BALANCE $337.50 HOURS 04/04/2018 LHE recieve and review order granting City attorney fees 0.25 37.50 04/13/2018 JMM attend hearing in McCracken Circuit Court re City of Paducah's Motion for Attorney's Fees 1.00 150.00 FOR CURRENT SERVICES RENDERED 1.25 187.50 CITY OF PADUCAH CITY OF PADUCAH RE LARRY RADER (FORECLOSURE) RECAPITULATION ATTORNEY HOURS HOURLY RATE Lisa H. Emmons 0.25 $150.00 Jackie M. Matheny 1.00 150.00 Payments 04/23/2018 Payment by City of Paducah (f) Balance Due CITY OF PADUCAH RE CHIZ CABS, INC PREVIOUS BALANCE Payments 04/23/2018 Payment by City of Paducah (f) Balance Due Total Balance Due Page: 3 04/30/2018 ACCOUNT NO: 6-10M Statement No: 5 TOTAL $37.50 150.00 -337.50 $187.50 ACCOUNT N0: 6-11M Statement No: 3 PAYMENTS RECEIVED AFTER THE LAST DAY OF EACH MONTH MAY NOT BE REFLECTED ON CURRENT MONTH'S BILLING. WE ACCEPT ALL MAJOR CREDIT CARDS. $300.00 -300.00 $0.00 $675.00 YENTON DENTON LAW FIRM, PLLC AW FIRM 555 JEFFERSON P.O. BOSTREET69 PADUCAH, KY 42002-0969 Phone: (270) 450-8253 Fax: (270) 450-8259 E -Mail: dlfAdentonfirm.com I.D. #47-4512895 CITY OF PADUCAH P 0 BOX 2267 PADUCAH KY 42002-2267 ATTN: JON PERKINS FOR PROFESSIONAL SERVICES EXPENSES Page: 1 04/30/2018 ACCOUNT NO: 7M PAYMENTS RECEIVED AFTER THE LAST DAY OF EACH MONTH MAY NOT BE REFLECTED ON CURRENT MONTH'S BILLING. WE ACCEPT ALL MAJOR CREDIT CARDS. Balance $257.93 q—EN-TON DENTON LAW FIRM, PLLC AW FIRM 555 JEFFERSON STREET P.O. BOX 969 PADUCAH, KY 42002-0969 Phone: (270) 450-8253 Fax: (270) 450-8259 E -Mail: dif rRdentonfirm.com I.D. 9474512895 CITY OF PADUCAH P 0 BOX 2267 PADUCAH KY 42002-2267 ATTN: JON PERKINS EXPENSES PREVIOUS BALANCE Page: 1 04/30/2018 ACCOUNT NO: 7-50M Statement No: 34 $118.52 04/03/2018 MCCRACKEN CIRCUIT COURT CLERK - photocopies (3 copies x.25) (City v. Rader) 0.75 04/25/2018 CONSTABLE MARK HAYDEN - service of Complaint on Kathy Bohle (City re Abbey Properties) 40.00 04/30/2018 WESTLAW CHARGES (City of Paducah vs. ABC) 71.68 04/30/2018 WESTLAW CHARGES (City of Paducah vs. Comcast) 12.55 04/30/2018 WESTLAW CHARGES (City of Paducah vs. Smoking Ordinance) 21.68 04/30/2018 WESTLAW CHARGES (City of Paducah vs. Tennis) 90.27 04/30/2018 MCCRACKEN CIRCUIT COURT CLERK - photocopies (43 copies x .50) (City re Abbey Properties) 21.00 TOTAL EXPENSES 257.93 Payments 04/23/2018 Payment by City of Paducah (cl) -118.52 Balance Due $257.93 PAYMENTS RECEIVED AFTER THE LAST DAY OF EACH MONTH MAY NOT BE REFLECTED ON CURRENT MONTH'S BILLING, WE ACCEPT ALL MAJOR CREDIT CARDS. Final Statement Run Totals 04/30/2018 Statements Printed: Hours: Fees: Expenses: 9 106.50 15,975.00 257.93 Keuler, Kelly, Hutchins, Blankenship & Sigler, LLP General Government ®i - ATTORNEYS - MAY 2-5 2018 CITY OF PADUCAH. Received by: -..__..._..__..---- PO BOX 2267 PADUCAH, KY 42002-2267 Faxed by: __.. RE GENERAL BILLING Fees 04/02/2018 DA re: Nevels - receipt and review email from Amy Nuckolls re request confirmation of mediation DA re: Nevels - drafting email to Amy Nuckolls re information on SAB mediation SAB re: Fire Department - receipt and review audio recordings of SAB juveniles interviewed, requested by attorneys SAB re: Fire Department - drafting email to Greg Cherry re corruption of audio recordings 04/05/2018 SAB re: Nevels - teleconference with Rick Murphy re settlement offer SAB re: Nevels - teleconference with Rick Murphy re discussion with property owner concerning dedication of property 04/06/2018 SAB re: Fire Department - receipt and review second half of audio recording of interview reference Kennedy Road fire SAB re: Nevels - drafting email to Brian Katz re Steve Harris not willing to dedicate property 04/09/2018 SAB re: Nevels - receipt and review Supplemental Answers to Plaintiff's First Set of Amended Interrogatories and Requests for Production 04/10/2018 SAB re: Nevels - receipt and review letter from counsel re plat and photographs 04/12/2018 SAB teleconference with -Mayor Harless x&'911 Memo re 911 assets SAB receipt and reviOw..Hgrless memo re 9111- SAB research 911.assets, building, equipment, etc. SAB drafting email to Mayor Plotless re assets and Memo SAB drafting email to attorneys in Alvey case re Agreed Order to Produce Recording of Juveniles 04/17/2018 SAB re: AFSCME.- receipt and review email from Mark Thompson re Union corn' plaint concerning overtime SAB re: �AFS.CME;- receipt and review overtime sheet SAB re: iAFSQME., teleconference with Mark Thompson re overtime sheet; Union dues, etc. SAB re:.;A:FSGME -, receipt and review Union Contract SAB re:..AFSGME - drafting email to Mark Thompson re Union Contract 100 South 4th Street Suite 400 Paducah, KY 42001 (270) 448-8888 Federal ID No. 82-2927953 Statement Date: Statement No. Account No. Rate 100.00 100.00 150.00 150.00 150:00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 04/30/2018 7 1.00 k I Hours 0.25 0.25 0.50 0.25 0.25 0.25 0.25 0.25 0.25 ��)W 0.50 025 1.00 0.25 0.25 0.25 0.25 0.25 0.25 0.25 Page 25.00 1 25.00 75.00 37.50 37.50 37.50 37.50 37.50 37.50 j 37.50 I 75.0Q,... '; 37.50' 150.00'' 37.50 37.5037.50 32,.50 i 37:50 I 7., 6 CITY OF PADUCAH. RE GENERAL BILLING 04/19/2018 SAB re: Nevels - receipt and review email from Brian Katz re Trial testimony SAB re: Nevels - drafting email to Brian Katz re Trial testimony SAB re: Nevels - drafting email to Rick Murphy re Trial testimony SAB re: Nevels - teleconference with Rick Murphy re Trial testimony and date of Trial SAB re: Nevels - drafting email to Brian Katz re date of Trial and requesting more specific information concerning Murphy's testimony SAB re: Nevels - receipt and review email from Brian Katz re Murphy's testimony SAB rePgjl�e teleconference with Martin Russell re changes to EmpOjreeolicies 04/23/2018 SAB re: Nevels - receipt and review Motions in Limine re, J.W. Graves SAB re: Nevels - receipt and review Trial Brief of Plaintiff and l Attachments SAB re: Nevels - receipt and review Paducah Bank and Trust 150.00 Company's Motion to Intervene and Re -Notice of Hearing SAB re: Nevels - receipt and review Plaintiff's Motions in Limine SAB re: Policies - receipt and review email from Martin Russell re Po iNFF reviewed/revised SAB re: Policies - drafting email to Tammy Sanderson requesting Smog ordinance to review for Policy SAB re: Policies - research Weapons Statutes/Policies SAB re o ii"bf&t -- drafting changes to Weapons Policy 04/24/2018 SAB re: Potpies - research gun possession on City property SAB re: Pio Jas - drafting email to Andrea Shindleblower re, Weapons Policy SAB re: P;a.!lcigs - receipt and review email from Andrea Shindleblower re Weapons Policy SAB re:. P.q j,Q.j s - drafting Policy relating to guns SAB re;..,u,P..olicies - drafting email to Martin Russell re, Revised Weapons :bd(fmu�y� Policy SAB re: Nevels - receipt and review Defendant Shawn Nevels' Trial Brief 04/25/2018 JL re: Planning Director - research impediments to combining Urban Rene IFI- brr ' i`T Development Agency with the Planning Commission RWG teleconference with John Perkins re garbage service reimbursement; research re same SAB re:jAFS.GME -.receipt and review letter from AFSCME attorney re overtime issue SAB re:..AFSCME.-,drafting email to Mark Thompson re overtime issue SAB re:;-AF.S.S.iVIE V. teleconference with Mark Thompson re attorney letter ..........:... DA re: Nevels - analysis of pleadings for the purpose of updating file re prepare for PTC hearing DA re: Nevels - drafting update index to pleadings 04/26/2018 SAB re: Nevels - attend Pre -Trial Conference SAB re: Nevels - teleconference with Van Sims re settlement demand Page: 2 04/30/2018 Account No: 1 -DOM Statement No: 7 Rate Hours l 150.00 0.25 I 37.50 i 150.00 0.25 37.50 150.00 0.25 37.501 150.00 0.25 150.00 0.25 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 100.00 100.00 150.00 150.00 0.25 0.25 0.25 0.50 0.50 0.25 0.25 0.25 0.75 0.25 1.75 0.25 0.25 0.25 0.25 0.25 0.75 1.75 0.25 0.50 0.25 37.50 I 37.50 37.50 7.50 r 37.50 I 75.00 75.00 37.50 I W;�a37t b0} 37.50 aLQ7!i" • I d�3"l'f5�Q�1. 7�,!.5.a. 3��'It I i 37.50- 112.50 262.50 , .1:37.50.1 75.00.).. 37;50 0.50 50.00 0.25 25.00 2.00 300.00 0.25 37.50 CITY OF PADUCAH, RE GENERAL BILLING 04/27/2018 04/28/2018 04/30/2018 05/02/2018 SAB re: Nevels - teleconference with Rick Murphy re settlement demand SAB re: Nevels - drafting email to Van Sims re Murphy's response to settlement demand SAB Pe: Nevels - receipt and review Motion in Limine re the use of alley, travel way, or pass way, or similar names re Nevels property SAB re: Nevels - receipt and review Notice of Entry of Appearance re Defendants Charles and Linda Henderson SAB re: Nevels - teleconference with Rick Murphy re settlement/moving pole SAB re: Nevels - teleconference with Van Sims re settlement/moving pole SAB re: Nevels - drafting email to Van Sims confirming settlement/moving pole RWG re: Nevels - teleconference with Rick Murphy SAB re: Nevels - teleconference with Van Sims re City to pay for Agreement with Paducah Bank JL - research impediments to merging Planning Commission with Urban Renewal and Community Development Agency, continued SAB re: Nevels - teleconference with Van Sims re settlement SAB re:. Nevels - teleconference with Rick Murphy SAB re: Nevels - drafting email to Van Sims re settlement For Current Services Rendered Recapitulation Page: 3 04/30/2018 Account No: 1-OOM Statement No; 7 Rate Hours 150.00 150.00 0.25 37.50 150.00 0.25 37,501 150.00 0.25 37.50 150.00 0.25 37.50 15.0.00 0.25 37.50 150.00 0.25 37.50 i 150.00 0.25 37.50 150.00 0.25 37.50 150.00. 0.25 150.00 2.75 150.00 0.25 150.00 0.25 150.00 0.25 Q^-3 Timekeeper Hours Rate Total Stacey Blankenship 19.50 $150.00 $2,925.00 Rob Goff 2.00 150.00 300.00 Debbie Albritton 1.25 100.00 125.00 Jim Landry 3.50 150.00 525.00 Total Current Work Previous Balance Payments payment by City of Paducah (f 4187.50) Balance Due Please Remit Statement only reflects payments made through the last day of the previous month. 37.50 37.50 37.50 37.50' 3,875.00'; I .r 3,875.00 i $4,187.50 -4,187.50 $3,875.00 f $3,875.00 Keuler, Kelly, Hutchins, Blankenship & Sigler, LLP 11110 - A T T 0 R N E Y S - CITY OF PADUCAH. PO BOX 2267 PADUCAH, KY 42002-2267 RE: PADUCAH POLICE DEPT. Fees 100 South 4th Street Suite 400 Paducah, KY 42001 (270) 448-8888 Federal ID No. 82-2927953 Statement Date: 04/30/2018 Statement No. 6 Account No. 1.01 Rate Hours 04/12/2018 SAB receipt and review email from David White re Open Records Request concerning Fuson matter 150.00 0.25 37.50 i SAB receipt and review Open Records Request 150.00 0.25 37:50 SAB drafting email to David White re Open Records Request concerning Fuson matter 150.00 0.25 37.50 04/16/2018 KNW drafting letter to Chad McCoy re Fuson Open Records request 150.00 0.25 37.50 KNW drafting email to David White re timeline to gather ORR documents re Chad McCoy 150.00 0.25 37.50 KNW teleconference with Brian Laird re Open Records Request for Fuson 150.00 0.50 75.00 i KNW receipt and review of emails from Brian Laird re Open Records Request; drafting email to Brian Laird re same 150.00 0.50 75.00 KNW teleconference with Lindsay Parrish re Fire Department Open Records Request for Fuson 150.00 0.25 37.50 KNW receipt and review of email from Lindsay Parrish re Fire Department Open Records request re Fuson 150.00 0.25 37.50 KNW drafting letter to Chad McCoy re Fire Department Open Records Request re Fuson 150.00 0.25 37.50 04/17/2018 KNW conference with Brian Laird re documents for Open Records Request 150.00 0.25 37.50 DA compilation of police file to prepare for redaction of personal information in response to Open Records Request 100.00 0.75 75.00 0411 8120 1 8 KNW analysis of PPD file re Joshua Fuson and analysis of items to send in response to Open Records Request 150.00 5.00 750.00 04119/2018 KNW drafting emails to Barnhill and Laird re Fuson Open Records Request 150.00 0.25 37.50 04/20/2018 KNW receipt and review of email from Nathan Jaimet re Fuson Open Records Request, criminal documents 150.00 0.25 37.50 KNW drafting Open Records Request response letter re Joshua Fuson documents 150.00 0.25 37.50 04/23/2018 KNW drafting email to Barnhill re Fuson Open Records Report report; receipt and review email from Barnhill re same; review of Page 1 Page: 2 CITY OF PADUCAH. . 04/30/2018 Account No: 1-01M Statement No: 6 RE: PADUCAH POLICE DEPT. Rate Hours documents produced by Barnhill 150.00 0.25 37.50 04/24/2018 KNW teleconference with Nathan Jaimet re Fuson investigation 150.00 0.25 37.50 SAB drafting email to Sam Clymer re Open Records Request/whether to produce videos inside Jail 150.00 0.25 37.50; SAB receipt and review email from Sam Clymer re Open Records Request/whether to produce videos inside Jail 150.00 0.25 37.50 DA compilation of additional records for response to Open Record Request 100.00 0.25 25.00 DA redact personal information from police file re response to Open Record Request 100.00 0.50 50.00 DA draft Index to records produced from Fuson investigation re response to Open Records Request 100.00 0.25 25.00 04/25/2018 SAB receipt and review County's Response to Open Records Request for purposes of drafting consistent response to City's Open Records Request 150.00 0.25 37.50; SAB drafting email to Sam Clymer re response 150.00 0.25 37.50 SAB drafting Response to Open Records Request re Fuson 150.00 0.25 37.501, 04/30/2018 KNW receipt and review correspondence from Chad McCoy re Open Records Request to PPD and Paducah Fire Department 150.00 0.25 37.50 For Current Services Rendered 12.75 1,825.001 i i Recapitulation Timekeeper Hours Rate Total Stacey Blankenship 2.00 $150.00 $300.00 Kristen Worak 9.00 150.00 1,350.00 Debbie Albritton 1.75 100.00 175.00 Expenses 04/24/2018 postage 0.471 Total Expenses 0.47 Total Current Work 1,825.47 Previous Balance $1,012.50 Payments 05/02/2018 payment by City of Paducah (f 1012.50) -1,012.50 Balance Due $1,825.47 Please Remit $1,825.47 Statement only reflects payments made through the last day of the previous month, Keuler, Kelly, Hutchins, Blankenship & Sigler, LLP I I I I - --ATTORNEYS - CITY OF PADUCAH. PO BOX 2267 PADUCAH, KY 42002-2267 RE: PERSONNEL Fees 100 South 4th Street Suite 400 Paducah, KY 42001 (270) 448-8888 Federal ID No. 82-2927953 Statement Date: 04/30/2018 Statement No. 6 Account No. 1.02 Rate 04/13/2018 SAB receipt and review email from Lindsey re City Clerk issue 150.00 04/16/2018 KNW research civil service, city clerk position 150.00 SAB drafting email to Lindsey Parish re City Clerk not in Civil Service 150.00 For Current Services Rendered Timekeeper Stacey Blankenship Kristen Worak Total Current Work Balance Due Please Remit Recapitulation Hours 0.50 0.25 Rate $150.00 150.00 Statement only reflects payments made through the last day of the previous month. Hours 0.25 0.25 0.25 0.75 Total $75.00 37.50 Page 1 37.50 37.50 37.50 112.50 ; i 112.50 Keuler, Kelly, Hutchins, Blankenship & Sigler, LLP 11110 - A T T 0 R N E Y S - CITY OF PADUCAH, PO BOX 2267 PADUCAH, KY 42002-2267 RE: FINANCE DEPT MATTERS, LICENSE FEES AND TAXES Fees 04/04/2018 TJK re: RFP/Electronic Payment Possessing - drafting memo to VISA 04/11/2018 TJK re: RFP/Electronic Payment Processing - review VISA information on convenience fees; conference with Michelle and Corey on convenience fees, methods on credit charges, Notice of Convenience Fees, changes to existing ordinances For Current Services Rendered Timekeeper Tom Keuler Total Current Work Previous Balance 100 South 4th Street Suite 400 Paducah, KY 42001 (270)448-8888 Federal ID No. 82-2927953 Statement Date: 04/30/2018 Statement No. 6 Account No. 1.04 Recapitulation Hours Rate 1.75 $150.00 Payments 05/02/2018 payment by City of Paducah (f 4612.50) Balance Due Please Remit Statement only reflects payments made through the last day of the previous month. Rate Hours 150.00 0.25 150.00 1.50 1.75 Total $262.50 Page 1 37.50 225.00 262.50 i 262.50 i $4,612.50 -4,612.50 $262.50 $262.50 moosimammim Keuler, Kelly, Hutchins, Blankenship & Sigler, LLP ID -ATTORN6YS- CITY OF PADUCAH, PO BOX 2267 PADUCAH, KY 42002-2267 OLIVET/POTTER Fees 100 South 4th Street Suite 400 Paducah, KY 42001 (270) 448-8888 Federal ID No. 82-2927953 Statement Date; 04/3012018 Statement No, 7 Account No. 1.07 Timekeeper Stacey Blankenship Total Current Work Previous Balance Recapitulation Hours Rate Total 1.25 $150.00 $187.50 Payments 05/02/2018 payment by City of Paducah (f 2725.00) Balance Due Please Remit Statement only reflects payments made through the last day of the previous month. Page 1 187.501 I $2,725.001 -2,725.00 $187.501 $187.50 1 i Rate Hours 04/05/2018 . SAB teleconference with Rick Murphy re FaIcon ite/Shawnee's status on new plan 150.00 0.25 37.50 04/24/2018 SAB receipt and review approved plans and letter approving plans 150.00 0:50 75.00 SAB teleconference with Phil Little re Motion to Intervene on behalf of Falconite 150.00 0.50 75.00 For Current Services Rendered 1.25 187.50 Timekeeper Stacey Blankenship Total Current Work Previous Balance Recapitulation Hours Rate Total 1.25 $150.00 $187.50 Payments 05/02/2018 payment by City of Paducah (f 2725.00) Balance Due Please Remit Statement only reflects payments made through the last day of the previous month. Page 1 187.501 I $2,725.001 -2,725.00 $187.501 $187.50 1 i CITY OF PADUCAH ACCOUNTS PAYABLE DEPT P O BOX 2267 PADUCAH, KY 42002-2267 RE ENGINEERING Fees 100 South 4th Street Suite 400 Paducah, KY 42001 (270) 448-8888 Federal ID No. 82-2927953 Statement Date: 04/30/2018 Statement No. 7 Account No. 1.08 Rate Hours 04/09/2018 SAB re; Engineering - receipt and review email from Rick Murphy re suit filed by Falconite 150.00 0.25 SAB re: Engineering - drafting email to Rick Murphy re suit filed by Falconite 150.00 0.25 For Current Services Rendered 0.50 Recapitulation Timekeeper Hours Rate Total Stacey Blankenship 0.50 $150.00 $75.00 Total Current Work Previous Balance Payments 05/02/2018 payment by City of Paducah (f 375.00) Balance Due Please Remit Statement only reflects payments made through the last day of the previous month, Page 1 37.501 37.50: 75,00: 75.00 $375.00 -375.00 $75.00 $75.00 i i i PADUCAH E911 ATTN CLAUDIA MEEKS PO BOX 2267 PADUCAH, KY 42002-2267 RE: 911 EMERGENCY COMMUNICATION SERVICE Fees 04/02/2018 TJK teleconferences with Tammy and Ed McManus; review of revised Amendment to No 6 & No 7, comparison to previous amendments; drafting final summary re ordinance and Amendment Agreements 04/03/2018 TJK teleconference with Tammy; drafting revisions to ordinance on disposition of Amendment No. 1 and 4 04/04/2018 TJK re: Consulting Agreement - drafting outline of services; teleconference with county attorneys in Warren and Rowan Counties For Current Services Rendered 100 South 4th Street Suite 400 Paducah, KY 42001 (270)448-8888 Federal ID No. 82-2927953 Statement Date: 04/30/2018 Statement No. 7 Account No. 2.00 Rate Hours 150.00 2.25 150.00 0.50 337.50 i 75.00 150.00 1.50 225.00 4.25 637.50 , Recapitulation Timekeeper Hours Rate Total Tom Keuler 4.25 $150.00 $637.50 Total Current Work Previous Balance Balance Due Aged Due Amounts 0-30 31-60 61-90 91-120 121-180 181+ 4,837.50 0.00 0.00 0.00 0.00 0.00 Please Remit Statement only reflects payments made through the last day of the previous month. Page 1 637.50 $4,837.50 $5,475.00 $5,475.00 M4y 1°8;. 20.1-8, IN ACCOUNT WITH MASS & BA"ETT 150 $OUT.H..FIFTH STREET- *, $UITE 12-00. w MINNEAPOLIS, MN 55402 (6.1;2):87MQ0.0 Federal Tax fd.# 4'1 0943945* BTG. CITY OF PADWAH, YY - 8 -.00 SOUTH STH STREET Client " : 4.6149 PO. BQX 22i67* invoice, 688736 PADUCAii. KY 42.P;Q2,2-2,6:7 .Current Amount. p.uo. AMbunt. Due Pr'ior. IfivoU pes Amount Dge Peftittance Vnclosed $2,,-9*3.5. 00: 100 /11Please Remit This Page With Payment anvf.L,� i 'fn 00 U)(� 121_2� 1 ( (523650 N ACCOUNT WITH MQ$'S & BARNETT ISO SOUTH -.FlFr-.H ST]19TRT - SUITE 1200:.* MINNEAPOLIS MN 55.402 (612) 87.7-5000 RLM Federal Takld # 41,0045845 .May 1.8., 2618 CITY: OF PADUCAH, KY 300 SQUT9 5TH STREET PO, BOX Z2 6.1 PADUCAH KY 42002-2267 Client.; 4;6149 InVoi.c.e # 688-736 For Legal S.Orvioes Rexidpred in Connection W'.**Lt-h, Matter: 46149. 0'.00:0:04 Comcast -.Franciiio6 Renewal 04/19/18" BTO Initial review of 'comments from: Comcast on -draft. frac chipe. 04/24/18 BTG Yiirt:he:r- review of.. Comcast, reply to City draft franchise; initialreview of City Code, provisions... 04/26/18 BTG WorX on reiView of draft*, cable ordinance sent by . Matthew Kelley; review city code provisions. 0.4/2.7/19 BTG Preparation for and te I 1.ophQne dall witji Pam: Speriger tp..rOvieW Comcast :reply to -draf=t. f,r.&T , whisp; work oix -e-mail to City regardingifidemnif icAtion issues. 04/27/18 TLH Compare 1/11/18 City version of draft. Cable Ordinance to Comca8t Vor..sibn dated 4/26/20_18A review 6. mpas:t., . s reviaed dr-af t -ttanchise with City in p.eparq tdon' J ,fM 3rd conference .or a. -Y. call -With ComcA8t; send Comcasts revised indemnification language -to City for review by -City Attorney. Total For Services $2,935. 0.0 Total This matter $2,93:5.00 Total This Invoice $2,935.00 212425 CITY OF PADUCAH ' ORDINANCE NO. 2018- 5" 4915-eV AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PADUCAH TO ENTER INTO AN EMPLOYMENT CONTRACT WITH JAMES W. ARNDT AS CITY MANAGER AND DECLARING AN EMERGENCY TO EXIST WHEREAS, the City wishes to enter into an employment contract with James W. Arndt; and WHEREAS, the facts and circumstances pertaining to the hiring dictate that time is of the essence; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. Employment Contract. The Mayor of the City is hereby authorized to enter into an employment contract with James W. Arndt to employ Mr. Arndt as the City Manager for the City of Paducah, subject to legal terms approved by Corporation Counsel. Further, the Mayor is authorized to execute said contract. 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. Emergency. Pursuant to KRS 83A.060, the City Commission suspends the requirement of a second reading of this Ordinance. As grounds therefore, the City Commission does hereby declare an emergency to exist as to the ratification and approval of this ordinance. Specifically, any delay in such passing of the ordinance would adversely impact the contracting process for the new City Manager. Section 4. Effective Date. This Ordinance 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: City Clerk Introduced & Adopted by the Board of ommissioners, 5 g 12018 Recorded by City Clerk, 5 - , 2018 Published by The Paducah Sun, , 2018 Ordinance Prepared by Denton Law Firm ord\City Manager Contract — Arndt AGREEMENT FOR EMPLOYMENT AS PADUCAH CITY MANAGER THIS AGREEMENT is entered into as of this day of 1 , 2018 by and between the CITY OF PADUCAH, State of Kentucky, a municipa corporation (hereinafter referred to as "Employer") and JAMES W. ARNDT, (hereinafter referred to. as "Employee"), an mdiydual who has education, training, and experience in local government management. WITNESSETH: WHEREAS, the Paducah City Commission ("Commission") desires, to employee James W. Arndt as City Manager for the City of Paducah; and WHEREAS, James W. Arndt desires to accept employment as City Manager for the City of Paducah; NOW THEREFORE, in consideration of the foregoing premises, and for other valuable consideration, the legal adequacy and sufficiency of which is hereby acknowledged by all parties hereto, the parties do covenant and agree as follows; 1. Aauointment. The Paducah City Commission hereby appoints James W Arndt as City Manager of the City of Paducah and James W. Arndt hereby accepts such appointment. 2. Term. The primary term of this agreement shall be for an initial period of three (3) years which shall commence on July 1, 2018 ("Primary Term"). Upon expiration of the Primary Term, unless terminated by the Employer or Employee as provided in Sections 10 11, or 12 below, this Agreement may be renewed by Employer for an additional term of years, the length of which shall be mutually agreed .upon by the parties ("Subsequent Teri"), 3. Duties and Authority. Employer agrees to employ Employee to perform the functions and duties as specified in applicable federal statutes, the: laws of the Commonwealth of Kentucky, the Charter and Ordinances of the City of Paducah and to perform other legally permissible and proper duties and functions. Such duties shall include; but shall not be limited to the duties defined in KRS 83A.150(7) (attached hereto as Exhibit A). Employee further agrees that he shall comply with all'lawful governing body directives; state, or federal law, Employer policies, rules and ordinances as. they exist or may hereafter be amended. Employee agrees to perform all duties of City Manager with reasonable care, diligence, ,skill, and expertise and to, at all times; uphold the tenets of the. ICMA Code of Ethics. 4. Compensation. A. Base Salary. Employer agrees to pay Employee an annual base salary of.$137;500, which shall be payable in installments at the same time that other management employees of Employer are paid. 1 B. Salary Increase. Six (6) months following commencement of Employee's employment as City Manager, Employer agrees to increase Employee's base salary to $140,500 based upon successful results of the performance evaluation conducted in accordance with Section 4(C) below. Thereafter, Employee's base salary may be subject to annual compensation increases of up to 3% based upon annual performance evaluations, subject to such base compensation remaining within the approved salary range for the position of City Manager, as adjusted in future Annual Budget appropriations to the City's Classification and Compensation Plan (See City HR -40). Such base salary increases shall be treated in the same fashion as provided to other General Employees per the City's Classification and Compensation Plan. C. Performance Evaluation. Employer shall review the performance of Employee six (6) months following commencement of Employee's employment as City Manager. A second six month performance evaluation shall be performed at the end of Employee's initial year of employment, with an adjustment to base compensation upon attainment of a successful evaluation. Employee's performance shall be reviewed again after the third six months of employment, with no adjustment to base compensation. Thereafter, performance evaluations shall be completed on an annual basis with eligibility for base compensation increases upon attainment of a successful evaluation. Performance Evaluations shall be subject to a process, form, criteria, and format which shall be mutually agreed upon by Employee and Employer, Health, Disability, and Life Insurance Benefits. A. Health Insurance. Employer agrees to provide for health, hospitalization, surgical, vision, dental, and comprehensive medical insurance for Employee and his dependents in the same manner and under the same terms as provided to all other employees of the City of Paducah. Employer shall, at its discretion, select such providers. B.. Wellness Program. Employee may elect to participate in the Wellness Program, to the extent that Employer continues to participate in such a program. C. Life Insurance. Employer agrees to pay for and provide Employee with a term life insurance policy valued at $50,000. Employee shall name the beneficiary of such life insurance policy. 6. Vacation and Sick Leave. A. Vacation Leave. Employee shall be advanced, as if accrued and earned, five (5) days of vacation leave beginning on the first day of his employment, which may be used for relocation efforts. Thereafter, Employee shall accrue vacation at the rate of sixteen (16) days per year. B. Sick Leave. Employee shall be advanced, as if accrued and earned, five (5) sick days beginning on the first day of his employment. Thereafter, Employee shall accrue sick leave at the rate of eighteen (18) days per year, up to a maximum of 150 days. C. Accrual. Employee is entitled to accrue all vacation time in the same manner and under the same terms as provided. to all other similarly situated management employees of the City of Paducah. Employee is entitled to accrue unused sick leave up to a maximum of 150 days. In the Event the Employee's employment is terminated, either voluntarily or involuntarily, Employee shall be compensated for accrued vacation time, up to a maximum of forty (40) days. Additionally, Employee shall be compensated for all accrued sick leave over fifty (50) days, up to a maximum of sixty (60) days' compensation. 7. Automobile. Employee's duties require exclusive and unrestricted use of an automobile to be mutually agreed upon and provided to Employee at Employer's cost, subject to approval by Employer. Employer agrees to pay Employee, during the term of this Agreement, the sum of $500 per month, payable in accordance with Employer's normal payroll policies. Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of such vehicle. It is agreed, however., that travel under circumstances entitling Employee to mileage reimbursement shall be governed by any travel policies adopted by Employer. 8. Retirement. Employee may opt to participate in the Kentucky State Defined Benefit Retirement Program (CERS), with a four percent (4% o) employee contribution and a five year vesting period, based on the July 1 fiscal year. Alternatively, Employee may select an ICMA or other Kentucky State Deferred Compensation Retirement Plan, with an employer contribution up to fifteen percent (15%) and voluntary employee contributions up to the applicable IRS limits. 9. General business Expenses. A. Professional Dues and Education. Employer agrees to pay for professional dues, including to the International City/County Management Association (ICMA) and the Kentucky City/Council Management Association (KCCMA), and subscriptions of Employee necessary for continuation and full participation in national, regional, .state, and local associations and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, for the good of and at the discretion of Employer. B. Travel. Employer agrees to budget and pay for reasonable travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including the ICMA Annual Conference, the Kentucky League of Cities and KCCMA, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member. Employer also agrees to pay for reasonable travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for Employee's professional development and the good of Employer. 3 C. Job -Related Expenses. Employer recognizes that certain expenses of a job-related nature maybe incurred by Employee. Employer agrees to reimburse or pay said reasonable and lawful expenses. The finance director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits. D. Civic Organizations. Employer acknowledges the value of having Employee participate in local civic clubs or organizations. Accordingly, Employer agrees to pay the reasonable membership fees and/or dues to enable Employee to become an active member in one (1) local civic club or organization. E. Cell Phone. Employer agrees to provide Employee with a cell phone stipend of $40.00 per month, payable in accordance with Employer's normal payroll policies. 10. Termination. By the Employer; Employer shall have the right to terminate this agreement during the Primary Term and Subsequent term for any of the following reasons: A. Employee's death; B, Employee becomes disabled which, as used in this Section, shall mean Employee's inability to adequately perform his duties and services for a period in excess of 120 days, which disability was brought about or resulted from a prolonged illness, a physical or mental disability, or some other form of incapacity; C. Employer notifies Employee in writing within 90 days of the anniversary date of any Subsequent Term that Employer does not desire to renew this. Agreement; or D. For Cause. "Cause" as used in this Section shall include any of the following conduct or events: 1. dishonest, fraudulent, or illegal conduct; 2. misappropriation of Employer property or funds; 3, conviction of a felony or any other crime that brings disrepute to Employer; 4. drug or alcohol dependency 5. engaging in unethical conduct, including, but not limited to, engaging in conduct that amounts to a conflict of interest, breaching any fiduciary duty or duty of loyalty to Employer, or engaging in conduct which substantially prejudices Employer; 4 6. willful failure to comply with written instructions or directions of Employer to take affirmative action on a matter or willful failure to comply with written instructions or direction of the Employer to refrain from taking action on a matter; 7. failure to devote Employee's full time efforts toward performing the duties and services to Employer under this agreement provided however, that Employer shall notify Employee in writing of its belief that Employee is failing to perform his work on a full time basis and permit the Employee a period of 30 days to cure. By the Employee: Employee shall have the right to terminate this agreement during the Primary term or any Subsequent Term for any of the following reasons: A. If Employer, citizens, or legislature acts to amend any provisions of the Paducah City Charter pertaining to the role, powers, duties, authority, responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination provided, however, said right to terminate shall not accrue until the responsibilities of Employee's position actually change. B. If Employer reduces the base salary, compensation, or any other financial benefit of Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such actions hall constitute a breach of this Agreement and will be grounds for termination. C. If Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as represented by the majority of the governing body that Employee resign, then Employee may declare a termination as of the date of the suggestion. D. Employee notifies Employer in writing within 90 days of the anniversary date of any Subsequent Term that Employee does not desire to renew the Agreement. It is agreed and understood that all rights, duties, and obligations of the parties shall cease upon termination, except as may otherwise be provided under Section 11 below. 11. Severance. Except as set forth herein, severance shall be paid to Employee when employment is terminated as defined in Section 10. It is understood, however, that Employee shall not be entitled to severance if such termination: 1) is terminated for cause as set forth above, 2) Employee notifies Employer that he does not desire to renew any Subsequent Term or 3) Employee voluntarily resigns as set forth in Section 12 below. If Employee is terminated without cause, as defined in Section 10, Employer shall provide a severance payment equal to six (6) months' salary at the then current rate of pay. This severance shall be paid in a lump sum unless otherwise agreed to by the Employer and the Employee. Employee shall also be compensated for accrued sick leave and vacation time, not to exceed the limits set out in Section 6, above. Upon termination in which severance is to be paid, Employer shall also pay Employee a lump sum amount equal to six (6) months of City health allocation benefits (exclusive of wellness credits) at the level which Employee was receiving as of the date of his termination. Employer shall also pay to Employee a lump sum amount equal to six (6) months of City - provided life insurance premiums at the level which Employee was receiving as of the date of his termination. 12. Resignation. In the event that Employee voluntarily resigns his position with Employer, Employee shall provide a minimum of thirty (30) days' notice, unless the Commission directs a shorter notice period. 13. Outside. Activities. The employment provided for by this Agreement shall be Employee's sole employment. Employee shall devote his best efforts, energies, and skills for the benefit of Employer on a full time basis. Recognizing that certain outside consulting or teaching opportunities may provide indirect benefits to the Employer and community, Employee may elect to accept limited teaching, consulting, or other business opportunities at the discretion of Employer, with the understanding that such arrangements neither constitute interference with nor conflict with the interest of Employer or with Employee's responsibilities under this Agreement. 14. Home Sale and Purchase, Moving, and Relocation Expenses. A. Employee agrees to establish residence within the corporate boundaries of the City of Paducah no later than October 1, 2018, and thereafter to maintain residence within the corporate boundaries of the local government during the term of employment by employer B. Employer agrees to pay to Employee up to $5,000 for relocation expenses associated with establishing an official domicile within the corporate boundaries of the City of Paducah. Additionally, Employer agrees to reimburse Employee up to a maximum amount of $5,000 for expenses associated with house hunting trips, lodging, moving, storage, and/or other traditional relocation expenses.. 15. Indemnification. Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the lawful performance of Employee's duties as City Manager or resulting from the exercise of reasonable judgment or discretion in connection with the performance of program duties or responsibilities; unless the act or omission involved gross negligence or willful or wanton conduct. Employer shall indemnify Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by,, imposed upon, or suffered by Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his duties. Legal representation will continue beyond employment for any claims or actions arising during the course of employment. Any settleirnent of any claim must be made, with prior written approval of Employer in order for indemnification, as provided in this Section, to be available. 16. Bonding, Employer shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance. 17. Other Terms and Conditions of Employ. Employer, only upon agreement with Employee, shall fix :any such other terms and conditions of employment as it may determine from time to time, relating to the duties of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City of Paducah Charter or Ordinances, or any other law. 18. Notices. Notice pursuant to this agreement. shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: Mayor, .City of Paducah, P.O. Box 2267, Paducah, KY 42002-2267 EMPLOYEE: James Arndt; "$I v. Lo�wwo. A i, H\rp— , E � F �..r. � U C z Alternatively, notice, required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. 19. Miscellaneous. A. Integration. This Agreement sets for the entire understanding between the Employer and Employee relating to the employment of Employee by Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties, by mutual written agreement, may amend by written agreement any provision of this agreement during the life of this Agreement. Such amendments shall be incorporated and made a part of this Agreement. It is agreed that this Agreement was mutually negotiated and drafted by both parties. In construing this Agreement and in determining the rights of the parties hereto, no party shall be deemed to have solely drafted or created this Agreement or have any provision construed against any par ty on the basis of who drafted the Agreement. 7 B. Binding Effect. This Agreement shall be binding upon Employer and Employee as well as their heirs, :assigns, executors, personal representatives,. and successors in office 'and 'in interest. C. Effective. Date. This Agreement shall be signed and effective upon adoption of the appropriate ordinance by the Cotn nissior . D. Severability. The invalidity or partial invalidity of any portion of this Agreement shall not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have,been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. IN WITNESS WHEREOF, the. Paducah City Commission has caused this Agreement to be executed on its behalf by the City's Mayor and Employee this Sr day of 2018. Brandi Harless, Mayor City of Paducah Attest: Tammara Sanderson, City Clerk N J Arndt EXHIBIT A KRS 83A.150 (7) The board shall in accordance with KRS 83A.080 create the office of city manager and set qualifications for the office, which shall include, but not be limited to professional training or administrative qualifications with special reference to actual experience in or knowledge of accepted practice regarding duties of the office and list duties and responsibilities of the office which shall include, but not be limited to: (a) Being responsible to the board for the proper administration of all duties imposed upon him by ordinance; (b) Recommending to the board, subject to any statute, ordinance, or contract which relates to the appointment, tenure, or removal of any employee, the appointment, and when necessary for the good of the service, the removal of subordinate employees and officers of the city. No officer or employee of the city shall be appointed or removed except through action by the board, except that the city manager may fill vacancies in the classified service pending the appointment by the board and may employ personnel for temporary positions subject to such conditions as may be imposed by the board; (c) Preparing the budget and submitting it to the board and being responsible for its administration after adoption; (d) Preparing and submitting to the board as of the end of each fiscal year a complete report on the finances and administrative activities of the city for the preceding year; (e) Keeping the board advised of the financial condition and future needs of the city and making recommendations as he deems desirable; (f) Maintaining liaison with related units of local government respecting interlocal contracting and joint activities; (g) Supervising all departments of city government and the conduct of all city officers and employees under his jurisdiction and requiring each department to make reports to him required by ordinance or as he deems desirable; and (h) Performing other duties required of city executive authorities by statute or required of him by the board not inconsistent with this section. Ky. Rev. Stat. Ann. § 83A.150 (West) ORDINANCE NO. 2018-6 - 46 1?, TIMi 3j AN ORDINANCE RECLASSIFYING THE CITY CLERKAND HIEF BU Li ' !NSPECTPOSITIONS WITHIN THE CITY OF PADUCAH AS NON -CIVIL SERVICE. WHEREAS, the City of Paducah's City Clerk position and Chief Buildi-ag inspector- position ar is presently classified as civil service and are is therefore governed by the provisions of KRS Chapter 90 et. seq; and WHEREAS, pursuant to said Chapter, the City of Paducah may exclude from the definition of civil service "employee", "persons in a class of employees designated by ordinance to be non -civil service positions"—arm-, NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The following classes of positions at the City of Paducah are is hereby designated as non -civil service: City Clerk Section 2. Persons currently employed in the previously -referenced positions upon the effective date of this Ordinance shall continue to be convered by the provisions of KRS Chapter 90 for such time as he/she is employed in such position notwithstanding the reclassification of the position to non -civil service. Section 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTEST: City Clerk Introduced by the Board of Commissioners, May 8, 2018 Amended by the Board of Commissioners, May 29, 2018 Adopted as amended by the Board of Commissioners, May 29, 2018 Recorded by the City Clerk, May 29, 2018 Published by The Paducah Sun, , 2018 ord\Civil Service -Reclassify City Clerk Amended Version Adopted 215523 Agenda Action Form Paducah City Commission Meeting Date: May 8, 2018 Short Title: Reclassification of the City Clerk & Chief Building Inspector positions. (Ordinance ❑ Emergency[ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Martin Russell Presentation By: Martin Russell Background Information: Reference: Municipal Order reclassifies the positions of the City Clerk and the Chief Building Inspectors from Civil Service to Non - Civil Service. Notwithstanding the reclassification persons currently in those positions will continue under Civil Service until their employment ends. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: The following classes of positions at the City of Paducah are hereby designated as Non -Civil Service: • City Clerk • Chief Building Inspector Attachments: ORDINANCE NO. 2018 - AN ORDINANCE RECLASSIFYING THE CITY CLERK AND CHIEF BUILDING INSPECTOR POSITIONS WITHIN THE CITY OF PADUCAH AS NON -CIVIL SERVICE. WHEREAS, the City of Paducah's City CI6rk posit\ n and Chiefuilding Inspector position are presently classified as civil servic nd are ther ore go v ed by the provisions of KRS Chapter 90 et. seq; and WHEREAS, pursuant to said C er, the City of Padu may excl from the definition of civil service "employee", "perso s in a lass of employees designat y ordinance to be non -civil service positions"; and WHEREAS it is e opinion o the Board ommis ' ners that it would be beneficial to the City to recl ssif all City Clerk nd Ch' Buildi nspector positions within the City of Paducah employ ent s non -civil -se is . NOW THEREFOR , B IT ORDA ED BY E CITY OF PADUCAH, KENTUCKY: SECTIONkThe following hereby designated as noservice: City Clerk Chief Building Inspector s of positions at the City of Paducah are Section 2. Persons currently employed in the previously -referenced positions upon the effective date of this Ordinance shall continue to be convered by the provisions of KRS Chapter 90 for such time as he/she is employed in such position notwithstanding the reclassification of the position to non -civil service. Section 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTEST: City Clerk Introduced by the Board of Commissioners, May 8, 2018 Adopted by the Board of Commissioners, , 2018 Recorded by the City Clerk, , 2018 Published by The Paducah Sun, 52018 ord\Civil Service -Reclassify City Clerk & Chief Building Inspector 215523 Lindsay Parish From: Stacey Blankenship <sblankenship@kkhblaw.com> Sent: Monday, April 16, 2018 9:07 AM To: Lindsay Parish Cc: Mark Thompson; Tammy Sanderson Subject: Re: Civil Service Opinion The definition of employee under the civil service statute excludes the city clerk. Sent from my iPhone On Apr 13, 2018, at 4:30 PM, Lindsay Parish <_Iparish@paducahky.gov> wrote: Hey Stacey, We need to get an opinion from you. For decades the City Clerk position has been considered a Civil Service position with the City of Paducah. This is governed by our Civil Service Ordinance found here: https://Iibrary.municode.com/ky/paducah/codes/code of ordinances?nodeld=COOR CH78PE A RTIVCISE For many years we have been phasing out Civil Service for all city employees so that when someone resigns or retires the new hire is no longer a Civil Service employee. We now have only a handful of civil service employees. The City Clerk position is a little different from other positions, so now the CM & Commissioners are wondering if we should keep it Civil Service or phase it out when Tammy retires in June. I looked at KRS 90.300 — 90.390 which deals with civil service and it seems to me that maybe the City Clerk position cannot be a civil service position based on the definition of "Employee" the statute uses. If that is correct, it could make the decision simple. Please let us know if you think the City Clerk position can be a civil service employee. Let me know if you need anything else from me. Thanks! Lindsay Parish Assistant City Clerk City of Paducah 300 South 5' Street Paducah, KY 42003 (270) 444-8507 1parish@paducahky_.gov 211715 ORDINANCE NO. 2018 - --46 AN ORDINANCE OF THE CITY OF PADUCAH KENTUCKY, APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT FOR ENGINEERING SERVICES REQUIRED TO COMPLETE THE PROJECT DESIGN PLANS, CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES FOR THE IMPROVEMENT OF FLOOD CONTROL PUMP STATIONS #2 AND #9 WITH HDR ENGINEERING, INC.; AND AUTHORIZING THE EXECUTION OF SAID FIRST AMENDMENT WHEREAS, on August 30, 2016, the City and HDR Engineering, Inc., (the "Engineer") entered into a Short Form Agreement for Professional Services (the "Agreement") whereby the City engaged the Engineer to provide professional engineering, design, consulting and related services in connection with the improvement and rehabilitation of Flood Control Pump Stations #2 and #9 (the "Project"); and WHEREAS, the services to be rendered by the Engineer are a part of a larger project and agreement between the City and the U.S. Department of the Army (the "USACE") for the design of the Floodwall Rehabilitation Project (a/k/a Ohio River Shoreline Reconstruction Project); and WHEREAS, subsequent to the commencement of the services by the Engineer, USACE requested that unforeseen components be added to the design, construction administration, inspection services of Pump Station # 2, which has resulted in significant expansion of the services to be rendered by the Engineer as to Flood Control Pump Station #2 under the Agreement; and WHEREAS, the City and the Engineer are in agreement to amend the Agreement in order to accommodate the expansion of the Scope of Services by the Engineer and to adjust the compensation of the Engineer for the additional services; and BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Recitals and Authorization. The City hereby approves the First Amendment to the Professional Service Agreement with HDR Engineering. Inc., which expands the scope of services to be rendered by the Engineer in connection with the design, construction administration, inspection services of Flood Control Pump Station # 2 as required by USACE. It is further determined that it is necessary and desirable and in the best interests of the City to enter into this First Amendment for the purposes therein specified. Further, the Mayor of the City is hereby authorized to execute the First Amendment in substantially the form attached hereto as Exhibit A and made part hereof, with such changes in the First Amendment not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the official 1 executing the same on behalf of the City. The approval of such changes by said official, that such are not substantially adverse to the City, shall be conclusively evidenced by the execution of the First Amendment by such official. SECTION 2. Compensation. Pursuant to the First Amendment and as a result of the expansion of the scope of services, the City shall compensate HDR Engineering, Inc., in a lump sum amount of $93,683.46 for the engineering design services for Flood Control Pump Stations #2 and #9. Additional compensation for the construction administration and inspection services conducted during the construction of the rehabilitation of Flood Control Pump Stations #2 and #9 in accordance with Exhibit A, Scope of Services, Items IV & V—Time & Material Rates, of the Agreement and in accordance with Exhibit A-1 of the First Amendment in an amount not to exceed $264,478.54. Said compensation paid by the City shall be funded through project account FW0006, account number 040-3315-532-2307. SECTION 3. 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 4. Compliance With Open Meetings laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 5. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 6. Effective Date. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor Brandi Harless ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, 5- , 2018 Adopted by the Board of Commissioners,, 018 Recorded by Tammara S. Sanderson, City Clerk, , '2018 Published by The Paducah Sun, , 2018 ord\eng\agree-amend HDR floodwall pump stations #2 & #9 Pa EXHIBIT A 211700 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF PADUCAH AND HDR ENGINEERING, INC., FOR PROFESSIONAL SERVICES THIS FIRST AMENDMENT TO AGREEMENT (this "Amendment") made and entered into on this day of May, 2018 (the "Effective Date") by and among the CITY OF PADUCAH, a Kentucky home rule class city having an address of 300 South 5t' Street, PO Box 2267, Paducah, KY 42002-2267 (hereinafter referred to as the "City") and HDR ENGINEERING, INC., ("Engineer") for professional services in connection with the project known as Pump Stations #2 & #9 Improvements (the "Project"). WITNESSETH: WHEREAS, on August 30, 2016, the City and the Engineer, entered into a Short Form Agreement for Professional Services (the "Agreement") whereby the City engaged the Engineer to provide professional engineering, consulting and related services (the "Services") in connection with the Project; and WHEREAS, the Services to be rendered by Engineer were described in Section I, Scope of Services; and WHEREAS, the Services to be rendered by Engineer are a part of a larger project and agreement between the City and the U.S. Department of the Army (the "USACE") for the design of the Floodwall Rehabilitation Project (a/k/a Ohio River Shoreline Reconstruction Project); and WHEREAS, subsequent to the commencement of the Services by Engineer, USACE requested that unforeseen components be added to the design and construction administration of Pump Station # 2, which has resulted in significant expansion of the Services to be rendered by Engineer as to Pump Station #2 under the Agreement; and WHEREAS, the City and Engineer are in agreement to amend the Agreement in order to accommodate the expansion of the Scope of Services by the Engineer and to adjust the compensation of the Engineer for the additional services; and NOW THEREFORE, for and in consideration of $1.00 cash in hand paid, the receipt and sufficiency is hereby acknowledged by all parties, and the mutual covenants and conditions contained herein the parties agree as follows: 1. Amendments to the Agreement. As of the Effective Date, the Agreement is amended as follows: 1. 1. SECTION I, SCOPE OF SERVICES, of the Agreement is hereby deleted in its entirety and replaced with the following: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A and Exhibit A-1. 1.2. The City and the Engineer expressly agree that Exhibit A-1 "Design Services During Construction - Scope of Services", which is attached hereto, is hereby added and incorporated into the Agreement. 1.3. SECTION IV, COMPENSATION, of the Agreement is hereby deleted in its entirety and replaced with the following: SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of: - lump sum (Scope of Services Items I -III of Exhibit A and Exhibit A-1). The amount of the lump sum is Ninety Three Thousand Six Hundred Eighty -Three and 46/100 Dollars. ($93, 683.46) . Hourly (Scope of Services Items IV-V of Exhibit A and Exhibit A-1) - based on hourly rates for an estimated not to exceed the amount of Two Hundred Sixty -Four Thousand Four Hundred Seventy -Eight and 54/100 Dollars ($264,478.54) in accordance with the hourly rates listed in the attached Exhibit A. Compensation terms are defined as follows: Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in advance for Scope of Services. 2. Reaffirmation of the Agreement. Except for the modifications set forth herein, all other terms and provisions of the Agreement entered into between the parties are expressly acknowledged, reaffirmed, and ratified by all parties hereto. All parties hereby agree to perform in strict accordance with the terms and provisions as set forth under the Agreement. 3. Miscellaneous Provisions. This Amendment shall be fully binding upon the parties hereto and their successors, and assigns as of the Effective Date. This Amendment or the Agreement shall not be altered, amended, modified, terminated, waived, released, or discharged, 4 except in a writing signed by the parties or their successors or assigns. This Amendment may be executed in any number of counterparts and by different parties hereto on separate counterparts each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties have respectively caused this Amendment to be executed on the day and year first above written. HDR ENGINEERING, INC. "Engineer" NAME: TITLE: ADDRESS: 2517 Sir Barton Way Lexington, KY 40509 City of Paducah, Kentucky "City" NAME: Brandi Harless TITLE: Mayor ADDRESS: 300 South 5t' Street PO Box 2267 Paducah, KY 42002 5 EXHIBIT A-1 DESIGN SERVICES DURING CONSTRUCTION SCOPE OF SERVICES See attached. F)I EwRbe� R - Flood Pump Station leo. 2 Rehabilitation Project Design Services During Construction Scope of Services HDR will provide Engineering Services and Resident Project Representative on an as -needed basis during the construction of the above referenced projects up to the contract fee limit outlined below. This amount will not be exceeded without City of Paducah's (City) approval. As -needed services may include: • Resident Project Representation (RPR) for the projects. ® Schedule and conduct on-site construction progress and coordination meetings. e Visually inspect and approve or reject materials, equipment, and supplies to be delivered to the site of the work. ® Observe the contractor's work with respect to quality, suitability, and conformance with the Contract requirements and provide prompt notice to the City of any observed defects or failure on the part of contractor to conform to the Contract requirements. ® Keep records of construction and installation progress. o Review maintenance and operation instructions and parts lists which the construction contractor submits in compliance with the Contract Documents. ® Process Pay Requests from the contractor. m Perform services as necessary to insure the project progresses on schedule and within budget. • Make a final technical inspection of the project in company with City's representative. o Review of submittals, including shop drawings, operation & maintenance manuals, and materials testing reports for consistency with the design requirements. This review shall not include review of the accuracy and completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. o Manage all construction related project documentation using HDR's constriction management software "Project Tracker". © Respond to requests for clarifications/infolmation (RFIs) from the Contractor on the contract documents, respond to questions from City, and other miscellaneous communication. ® Assist in the evaluation and preparation of change orders related to the project as requested by the City. o Provide start-up assistance. o Perforin substantial completion walk-through and prepare a punch -list for the Contractor. ® Preparation of record drawings for the project. o Review and preparation of O&M Manual, 1 c O 0 m ..c N N C O lP m CL E 7 a 2 cc m 00 c N O m m Q 0 r :rc £ rnU') 13 E I- la � N 0605, CN , ;f(00 O o0 O0 O V)(Q CO F 0 l0 U ca ao�cM O :a PCO O O O c o 0 69 0 0 d C V E O O U) M L � M60c- L'm C ER m Q O 69 L= H m v d 0MCI) L � C fA LL CO O C U N O 'a /V♦ c N M ^r U LL U N c C C U o J ?� c O N LL L U t N CL E W) c o U O LL c C y o O m ^U o c L 0 0> O C 3 o 0ca = o 64 m c N C N a) m L m N LLO N c 4) L ?> a3 'O c U C = O (i 3 d' O fq U Q O N O) Q C .o o> � o C U 0 .L •o N {tea N N Q U 'O Q 'O c 2 a N O +' CL y= U O U U E E � a O �� t :o � w� Q y m c 7 69 O p O N E L U V; O w O V T I- 0 hUU 0.2 LL c� m 0 0 7 N cu O F- CO C 2 O 69 o' LL* 01 N c m O o 00 C) 0 C O N M N M LL (n 69 t;)O O C d O O V O O C � O p O O O LL CN 04 Ci)o O CD J M LO N � 0 0 CO)Q �0M � Ind Cfl Y M M 2 c c m,o c C o L a) E E N 2 m t c m m Q v5 y O N CL ccaa* I o5 I W 0 U C W co y (D N l y d i+ C CU A S � N LL � c 7 N RS .� O N c �- c 0+ O U U �- yr CL X CLC L� C �- c C Lc � C 4) N c w¢ 'CU c a) c c aa'i c .c - m .E N U tj¢��(2awwLuLUC)l- a O m —ami m C c C C 0 0 0 N_FF U N McM- 0 r :rc £ rnU') 13 E � N 0605, O O0 0 l0 CO 0 l0 U ca O :a O O O O c o 0 69 0 0 d C V E O O U) M L � M60c- L'm C m Q O 69 L= H m v 0MCI) L � LL CO C U N O 'a c N M d U LL U c U o ?� c O N U t N CL E c o U O LL c o O m ^U o c L 0 0> o 0ca = o c m c N C N a) m L m N N c 4) L ?> a3 'O c U C = O (i 3 N O fq U Q O N O) Q C .o o> � o m U U 0 .L •o N {tea N N Q U 'O Q 'O c a N a N O +' CL y= U O U U E E � a CL �� t :o � w� Q y m c 7 p O N E L U V; O w O V T I- 0 hUU 0.2 c� m 0 0 7 N cu O F- m r :rc £ rnU') 13 E D N 0605, O O0 CNCN CO U ca O :a O O O O c o 0 69 0 0 d 3 E O O U) M M60c- L'm C O 69 N H m v 0MCI) L � (D CO C U In O 'a c N M d U LL m r 13 E N 0605, O CO ca O :a O ~ C O QLL 69 d O U) L'm C O 7 LL H m v 0MCI) Agenda Action Form Paducah City Commission FW Dom Meeting Date: May 8, 2018 Short Title: Amendment to Professional Engineering Service Agreement with HDR Engineering, Inc., for Engineering Design Services and Construction Inspection Services for the City's Flood Control Pump Stations #2 and #9 ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Maegan Mansfield, P.E., EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: Original Contract Information As a part of the design agreement with the U.S. Department of the Army (USACE) for the design of the Floodwall Rehabilitation Project (a/k/a Ohio River Shoreline Reconstruction Project), an original contract with HDR Engineering, Inc. (HDR) was executed in August of 2016. The original contract scope is as follows: • To finalize project plans for Pump Stations #2 and #9 for a fee of $57,500. • To provide construction administration and inspection services at an hourly rate not to exceed $75,000. • The total contract amount with HDR Engineering, Inc. is $132,500. At the beginning of the Floodwall Rehabilitation Project, USACE was responsible for design and construction administration services on Pump Station #2 and #9. HDR was contracted to assist with Pump Stations #2 and #9, because pump stations were in immediate need for repair and it was too risky to wait for USACE to secure federal funding for the entire project, which was not a guarantee. Design Services USACE communicated to the City that HDR would receive 75% complete plans to finalize and prepare for construction. HDR's review of the plans exposed several design errors and constructability issues. The plans failed to meet USACE design requirement as well as local code enforcement requirements, forcing a re -design overhaul for both Pump Stations #2 and #9. Pump Station #9 design is a much smaller project compared to Pump Station #2. USACE did not have significant input or findings on Pump Station #9, resulting in a relatively seamless design effort by HDR. As HDR proceeded with Pump Station #2 design, USACE determined design oversights on Pump Stations #7 and #11 through their in-house design team. USACE and HDR worked congruently on their respective projects, and as a result USACE requested several reviews and specification vetting with HDR. Upon completion of HDR's design, unforeseen Agenda Action Form Page 2 components had been added at the request of USACE resulting in an increased scope in HDR's original contract. The City had many conversations with USACE about scope additions increasing the design and construction administration costs assigned to HDR. However, USACE exercised its position outlined in the Project Partnership Agreement (PPA) and ruled the additions as imperative to successful project delivery. Construction Administration and Resident Inspection Services Construction of Pump Station #9 (a more simplistic and straight forward pump station) is being performed in-house by the City. Construction administration and resident inspection services for Pump Station #9 are performed primarily through City staff. However, HDR provides occasional technical support and HDR will be responsible for providing as -built plans to the City. The construction administration for Pump Station #2 portion of HDR's contract was established based on the understanding that costs would be further defined at the end of completing Pump Station #2 design due to the risks of defining a cost value based on ambiguous design information available at the beginning of the project. Furthermore, USACE added several additional construction administration requirements and a third party inspection requirement, meaning that the construction administration scope has significantly expanded. It is now required that HDR will have technical expertise on site, at every major interval of the project. For further expanded scope definition, see attached information. Recommendation • The original contract amount is $132,500 • The remaining contract amount at present is $36,673.54, which will remain on the contract for Pump Station #9 construction administrations and inspection expenses. • $93,683.46 was spent on Pump Stations #2 and #9 design, USACE coordination, and bidding assistance o $78,312 of the $93,683.46 was spent on Pump Station #2. ■ The $78,312 will be reimbursed from the SRF/KIA loan received for Pump Station #2 project. • HDR has projected new construction and inspection fees for Pump Station #2 that are not to exceed, time and materials amounts. These amounts are based on expanded scope and added third party inspection requirements. o Construction Administration -$91,542 o Resident Inspection Services -$136,263 o Total: $227,805 ■ The total $227,805 was included in the approved SRF/KIA loan application. See attached SRF/KIA loan project cost summary. • The recommendation is to amend HDR's current contract to adjust the construction administration not to exceed amount from $75,000 to $264,478.54. o Construction administration/inspection shall now include the expanded scope of services, as required by USACE, for Pump Station #2 as attached to this document, a/k/a $227,805. o Construction administration/inspection shall retain the remaining contract balance of $36,673.54 for Pump Station #9 expenses. Agenda Action Form Page 3 o The construction administration/inspection portion of the contract is a time and materials, not to exceed contract. HDR will bill based on actual hours accrued on the contract. • Upon approval, the new agreement would update the original design services amount of $57,500 to $93,683.46 for design services, and approve construction administration and inspection hourly services to a not to exceed amount of $264,478.54. Supporting documentation attached: KIA/SRF Loan Project Cost Summary, HDR Updated Scope of Services, Original Contract, Original Ordinance Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Ps Funds Available: Account Name: Account Number: FW0006, FW0009 Finance Staff Recommendation: To adopt an Ordinance authorizing the Mayor to execute an amended agreement with HDR Engineering, Inc., to reflect actual design expenses accrued of $93,683.46 and for expanded construction administration and third party inspection services at an hourly rate, not to exceed $264,478.54. All dollars spent on this original and amended contract regarding Pump Station#2 will be reimbursed or funded through KIA/SRF Loan and/or CDBG and DRA �v....,..t grants. Attachments: KIA/SRF Loan Project Cost Summary, HDR Updated Scope of Services, Original Contract, Original Ordinance AGREEMENT BETWEEN THE CITY OF PADUCAH AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FLOOD PUMP STATIONS #2 AND #9 . THIS AGREEMENT is made as of this _ � Dj — day of AggLif2Z , 20_ fit, between The City of Paducah, KY ("OWNER") and HDR ENGINEERING, INC., ("ENGINEER") for services in connection with the project known as Pump Stations #2 & #9 Improvements ("Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services') in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of - hump sum (Scope of Services I -Q. The amount of the hump sum is FM1 Seven Thousand Five Hundred Dollars. ($57,500.0 - Hourly (Scope of Services IV-V) — based on hourly rates for an estimated not to exceed amount of Seventy Five Thousand Dollars ($75,000) in accordance with the hourly rates listed in the attached Exhibit A. Agreement for ProfessioW Services 1 09-2015 Compensation terms are defined as follows: Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in advance for Scope of Services. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services in a manner as outlined in the Terms and conditions. The term of this agreement shall expire upon express termination of agreement by either party as provided in Section 9 of the attached "Terms and Conditions". Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any -specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. Agreement for Professional Services 2 09-2015 SECTION VI. SPECIAL PROVISIONS IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of Paducah, Kentucky "OWNER" BY: NAME; TITLE: Mayor ADDRESS: 300 South 5d Street PO Box 2267 Paducah, KY 42002 HDR ENGINEERING, INC. "ENGINEER" BY:�� NAME: Ben R. Edclen, PE, PLS TITLE: Sr. Vice President ADDRESS: 2517 Sir Barton Way Lexington, KY 40509 Agreement for Professional Services 3 09-2015 SCOPE OF SERVICES HDR's understanding of the scope of services is that the City of Paducah (City) Is looking to finalize the plans and specifications for the Flood Pump Station's #2 & #9. These plans and specifications were originated and maintained by the US Army Corps of Engineers (USACE) and stated to be at 90% completion level. HDR's review of said plans determined the actual completion level Is approximately 75% complete. Per conversations with HDR and the City, HDR will finalize the design, prepare the construction documents for bidding, and provide CA/Inspection during construction. Items I, li, and III will be provided at a lump sum fee. Items IV, and V will be based on an estimated hourly not -to - exceed amount of $75,000 In accordance with the hourly rates attached hereto. Below are the outlined Items for the project: I. 80% Design HDR proposes to update the existing drawings to an 80% level. HDR will review and recommend any changes to the design during this phase. Tasks under this phase include the following: • Update the following sheets: o General Sheets o Civil Sheets o Process Sheets o Structural Sheets o Electrical Sheets o Instrumentation & Control Sheets • Prepare & Submit EPSC/SWPPP • Perform Design Calculations * Calculate Quantities and Prepare Cost Estimate • Attend 80% Review Meeting with City / USACE at a location to be determined. • Coordination and Submittal of Bid Documents to USACE II. 95% Design This phase of the project will address any review comments by the and the USACE and will Include the following: • Calculate Final Quantities and Revise Cost Estimate • Revised and Resubmit Contract Documents • Revise and Submit Plans/Details • Attend 95% Review Meeting with City / USACE at a location_ to be determined. • Coordination and Submittal of Bid Documents to USACE III. Final Design & Bidding Assistance This phase will close out the scope of work. provided by HDR. It will Include finalizing the pians and assisting in the bidding process. Tasks under this phase Include: • Submittal of Final Plans for Bid • Submittal of Final Contract Documents for Bid • Submittal of Final Cost Estimate • Attend Pre -Bid Meeting at City Hall • Address any RFQ during Bidding Process • Assistance with Addendums • Coordination and Submittal of Final Documents to USACE Items I, 11, & 111— Lump Sum Fee = $57,500.00 IV. Construction Administration This phase will Include assisting the City in administration of the flood station rehabilitation projects as requested by the City Engineer. Tasks under this phase may include: • Attend Pre -Construction Meeting • Review Shop Drawings/Submittals • Review Payment Application/Quantities • General Engineering Support • Monthly Progress Meetings • Finalize Inspection/Punchilst • Provide Project Certification/Issue Warranty Letters • Prepare Record Drawings V. Resident Engineering Services This phase will Include providing the City Resident Engineering Services as requested by the City Engineer during the course of construction. Items IV & V — Time based on an hourly rate In an estimated no -to -exceed amount of $75,000 In accordance with the following hourly rates: Hourly Rates Protect Manager - $155 /Hour 8enlor Designer - $105 /Hour Construction Adr 161strator - $145 /Hour Clerical - $74 /Hour Resident Engineer- $94 /Hour The _hov- yrates,as shown herein shall not be changed or increased during this agreement time period:, EXHIBIT B TERMS .AND CONDITIQNS HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and Its employees under this Agreement will be the ogre and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the some time and In the same locality. ENGINEER makes no warranties, exprese or Implied, under this Agreement or otherwise. In connection with ENGINEER's services. INSURANCEIINDEMNITY ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation Insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily Injury and property damage covering all vehicles, including hired vehicles, owned and non -owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal Injury and property damage; and Professional Usbilfty Insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent sole, errors, or omissions for which ENGINEER Is legally liable. OWNER shall be made an additional Insured on Commercial General and Automobile Liability Insurance policies and certlticates of Insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for claims to the extent caused by ENGINEER's negligent seta, errore or omissions. However, neither Party to this Agreement shall be liable to the other Party for any special, Incidental, Indirect, or consequential damages (Including but not limited to loss of profits or revenue; lose of use or opportunity; lose of good will; coat of substitute facilities, goods, or services; and/or cost of capital) arising out of, resulting from, or In any way related to the Project or the Agreement from any cause or causes, Including but not limited to any such damages caused by the negligence, errors or omissions, strict liability or breach of contract. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction coat provided by ENGINEER are made on the basis of Information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents Its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction coat will not vary from opinions of probable cost ENGINEER prepare&. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work In accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programa or precautions connected with the work and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the sole or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth In this Agreement. OWNER agrees to Include ENGINEER as an indemnitled party In OWNER's construction contracts for the work, which shall protect ENGINEER to the some degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional Insured under the construction contractor's liability Insurance policies. 6. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services, are performed. 5. SERVICES AND INFORMATION OWNER will provide all criteria and Information pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER-fumiahed Standard Details, Standard Specifl ations, or Standard Bidding Documents which are to be Incorporated into the project. OWNER will furnish the services of sails/geotachnical engineers or other consultants that Include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER, The OWNER agrees to bear full responolbllity for the Wriest accuracy and content of OWNER -furnished documents and services. In performing professional engineering and related services hereunder, it Is understood by OWNER that ENGINEER Is not engaged In rendering any type of legal, Insurance or accounting services, opinions or advice. Further, It Is the OWNER's sole responsibility to obtain the advice of an attorney, Insurance counselor or accountant to protect the OWNER's legal and finenclat Interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, spactfloatlons, proposals and otherdocuments, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, Insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's Interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. T. SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and Wei representathres to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any Interest In this Agreement or claims arising therefrom without the written consent of the other. RE -USE OF DOCUMENTS All documents, Including all reports, drawings, specifications, computer software or other Items prepared or furnished by ENGINEER pursuant to this Agreement, are Instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for fts Information and reference In connection with the project; however, none of the documents are Intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the speollic purpose Intended will be at OWNER's sole flak and without liability or legal exposure to ENGINEER, and OWNER will defend, Indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, Including ottomeye fees, arising or resulting therefrom. Any such vertRcation or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, In whole or In part, by giving seven (7) days written notice to the other party. Where the method of payment Is "lump sum," or cost reimbursement, the final Invoice will Include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER Incurs as a result of commitments that had become firm before termination, and for a reasonable MA for services performed. 10. SEVERABILITY If any provision of this agreement Is held Invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more welvers by either party of any provision, term or condition shell not be construed by the other party as a waiver of any subsequent breach of the mama provision, term or condition. 11. INVOICES ENGINEER will submit monthly Invoices for services rendered and OWNER will make prompt payments In response to ENGINEER's Invoices. ENGINEER will retain receipts for reimbursable expenses In general accordance with Irdemel Revenue Servlce rules pertaining to the support of expenditures for Income tax purposes. Receipts will be available for Inspection by OWNER's auditors upon request. If OWNER disputes any Items in ENGINEER's invoice for any reason, Including the lack of supporting documentation, OWNER may temporarity delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, (112015) ENGINEER will Include the disputed Item on a subsequent, regularly scheduled Imrolos, or on a special Invoice for the disputed Item only. OWNER recognizes that late payment of Invoices results In extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER Interest at the rate of one percent (1%) per month, but not to exceed the maximum rate allowed by law, on Invoices which are not paid within thirty (30) days ltom the date of the invoice. in the event undisputed portions of ENGINEER's Invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid In full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change Is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the some manner as this Agreement. Adjustments In the period of services and In oompensagon shall be In accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects Involving conceptual or process development services, activities often are not fully definable In the Initial planning. In any evert, as the project progresses, the facts developed may dictate a change In the services to be performed, Mich may after the scope. ENGINEER will Inform OWNER of such eltuetlone so that changes in scope and adjustments to the time of performance and compensation can be made as required. 9 such change, additional services, or suspension of servloss results In an Increase or decrease In the coat of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 11 CONTROLLING AGREEMENT These Terms and Conditions shall lake precedence over any inconsistent or contradictory provisions contained In any proposal, contract, purchase order, requisition, notioe-to-proceed, or like document. 14. EQUAL EMPLOYMENTAND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity for Individuals based on color, religion, sex, or national origin, or disabled veteran, recently separated veteran, other protected veteran and armed forces service medal veteran status, disabilities under provisions of executive order 11246, and other employment, statutes and regulations, as stated in Title 41 Part 60 of the Code of Federal Regulations § 60.1.4 60-300.6 (a -e), § 60.741 (a - e). 16. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials am present at the project site. However, In the event hazardous materials are known to be present, OWNER represents that to the best of Its knowledge It has disclosed to ENGINEER the existence of all such hazardous materials, Including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER's scope of services do not include services related In any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at Its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (1) retains appropriate specialist consultent(s) or contrector(s) to Identify and, as appropriate, abate, remediate, or remove the hazardous materials; and pl) warrants that the project site Is in full compliance with all applicable taws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arrenger,' "operator," "generator," or "transporter' of hazardous materials, as defined In the Comprehensive Environmental Response, Compensation, and Liability Act of 1000 (CERCLA), which are or may be encountered at or near the project site In connection with ENGINEER's services under this Agreement. If ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by low, OWNER shall Indemnify and hold harmless ENGINEER, Its officers, directors, partners, employees, and subeonsultants from and against all costa, losses, and damages (Including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution Coate) caused by, arising out of or resulting from hazardous materials, provided that (1) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or Injury to or destruction of tangible property (other than completed Work), Including the loss of use resulting therefrom, and (IQ nothing in this paragraph shell obligate OWNER to Indemnify any Individual or entity from and against the consequences of that individual's or entity@ sole negligence or willful misconduct. 18. EXECU71ON This Agreement, Including the e)hibit@ and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, aupereedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written Instrument duly executed by the parties. 17. ALLOCATION OF RISK OWNER AND ENGINEER HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING ENGINEER'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE RISKS, 80, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ENGINEER (AND ITS RELATED CORPORATIONS, SUBCONSULTANTS AND EMPLOYEES) TO OWNER AND THIRD PARTIES GRANTED RELIANCE 18 LIMITED TO THE GREATER OF $100,000 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNiEY AND EXPERT FEES) ARiSING OUT OF ENGINEER'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER ENGINEER'S COMMERCIAL GENERAL LIABILITY INSURANCE POLICY. 18. LITIGATION SUPPORT In the event ENGINEER Is required to respond to a subpoena, government Inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER Is not a party, OWNER shall reimburse ENGINEER for reasonable ousts in responding and compensate ENGINEER at its then standard rates for reasonable time Incurred In gathering Information and documents and attending depositions, hearings, and trial 19. UTILITY LOCATION If underground sampling/testing Is to be performed, a local Willy locating service shall be contacted to make arrangements for all uttittles to determine the location of underground utilities. In addition, OWNER shall notify ENGINEER of the presence and location of any underground utilities located on the OWNER's property which are not the responsibility of privatalpublic utilities. ENGINEER shell take reasonable precautions to avoid damaging underground utilities that are properly marked. The OWNER agrees to welve any claim against ENGINEER and will Indemnify and hold ENGINEER harmless from any claim of liability, Injury or logs caused by or allegedly caused by ENGINEER's dameging of underground utilities that are not property marked or are not called to ENGINEER's attention prior to beginning the underground samplingltesting. Terms & Conditions for Professional Services 2 (0112015) ORDINANCE NO. 2016-8-84 10 AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A PROFESSIONAL SERVICE AGREEMENT FOR ENGINEERING DESIGN SERVICES REQUIRED TO COMPLETE THE PROJECT PLANS FOR { _ FLOOD CONTROL PUMP STATIONS #2 AND #9; AUTHORIZING ADDITIONAL CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES DURING THE CONSTRUCTION OF THE PROJECT; AND AUTHORIZING THE EXECUTION OF SAID CONTRACT BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Recitals and Authorization. The City hereby approves the Professional Service Agreement with HDR Engineering, Inc., for engineering design services required to complete the Project Plans for Flood Control Pump Stations #2 and #9. The City also agrees for HDR to provide construction administration and inspection services during the construction of the project. It is further determined that it is necessary and desirable and in the best interests of the City to enter into the Agreement for the purposes therein specified. Further, the Mayor of the City is hereby authorized to execute the Agreement. SECTION 2. Compensation. The City shall compensate HDR Engineering, Inc., in a lump sum amount of $57,500 for the engineering design services. Additional compensation for the construction administration and inspection services conducted during the construction of the project is in accordance with Exhibit A, Scope of Services, Items IV & V—Time & Material Rates, of the Agreement in an amount not to exceed $75,000. Said compensation paid by the City shall be funded through project account FW0006, account number 040-3315-532-2307. SECTION 3. 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 4. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 5. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 6. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. 506 J i a ATTEST: ,4 Tammara S. Sanderson, City Clerk ayor Introduced by the Board of Commissioners, August 16, 2016 Adopted by the Board of Commissioners, August 23, 2016 Recorded by Tammara. S. Sanderson, City Clerk, August 23, 2016 Published by The Paducah Sun, August 26, 2016 \ord\eng\agree-engineering services-floodwall pump stations #2 & #9 507 ORDINANCE NO. 2018 -1��3 _a 3 - NIAI� AN ORDINANCE ACCEPTING THE BID OF JIM SMITH CONTRACTING COMPANY, LLC, FOR THE CITY OF PADUCAH'S CALENDAR YEARS 2018 AND 2019 STREET RESURFACING PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of Jim Smith Contracting Company, LLC, for the City of Paducah's calendar years 2018 and 2019 street resurfacing program with the option of a one-year renewal agreement upon the mutual agreement of both parties, said bid being in substantial compliance with the bid specifications and advertisement for bids, and as contained in the bid of Jim Smith Contracting Company, LLC, of April 17, 2018. SECTION 2. The City of Paducah accepts the bid of Jim Smith Contracting Company, LLC, for roadway resurfacing, repair, and miscellaneous construction of various streets within the City of Paducah at the following unit bid prices: ITEM NO DESCRIPTION UNIT UNIT BID PRICES 1 Bituminous Surface/Base TON $75.00 2 Milling Texture TON $50.00 3 Shoulder Construction TON 1 $40.00 Said bid prices may be adjusted in accordance with Section 109.07 "Price Adjustments" of the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction, latest edition. SECTION 3. That the Mayor is hereby authorized to execute a contract with Jim Smith Contracting Company, LLC, for roadway resurfacing, repair, and miscellaneous construction of various streets as accepted in Sections 1 and 2 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 4. The contract shall be binding upon the City and the Contractor, his partners, successors, assigns and legal representatives for the remaining portion of the 2018 calendar year and the 2019 calendar year ending December 31, 2019. Neither the City nor the Contractor shall have the right to assign, transfer, or sublet their interests or obligations hereunder without consent of the other party. Further, the Mayor is hereby authorized, subsequent to the recommendation of the City Engineer -Public Works Director, to execute an additional one-year renewal agreement extending the contract period for the 2020 calendar year ending December 31, 2020, upon the mutual agreement of both parties. If agreed, this renewal option will be exercised by both parties executing and delivering the written one-year renewal agreement. The City reserves the right to have said contract work completed at the quoted prices until the one-year renewal agreement has been executed by the parties. However, in no case shall the Contractor be bound to complete the work at these prices past December 31, 2019. SECTION 5. This expenditure shall be charged to the Street Rehabilitation Account No. 2300-2217-542270. SECTION 6. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, May 8, 2 18 Adopted by the Board of Commissioners, obi y— da Recorded by Tammara S. Sanderson, City Clerk, Published by The Paducah Sun, \ord\eng\resurfacing 2018-2019 Agenda Action Form Paducah City Commission Meeting Date: May 8, 2018 Short Title: Contract for the 2018-2019 Street Resurfacing Program ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Maegan Mansfield, P.E., Engineering Project Manager Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On April 17, 2018, sealed bids were received for the City of Paducah's 2018-2019 Street Resurfacing Program. This program consists primarily of the bituminous resurfacing and milling of city streets in accordance with the yearly street resurfacing program. Jim Smith Contracting Company, LLC, submitted the only bid for the unit bid prices shown on the attached bid tab. The contract unit prices shall begin upon execution of the contract and end December 31, 2019. The contract has the option for an additional one-year renewal, ending December 31, 2020, upon the mutual agreement of both parties. In accordance with the Specifications, the Contract unit prices may be adjusted in accordance with Section 109.07 "Price Adjustments" of the Kentucky Transportation Cabinet Department of Highways. Standard Specifications for Road and Bridge Construction, latest edition. Goal: ❑Strong Economy ®Quality Services ®Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Street Rehabilitation �vt Account Number: - - inance OL 3Qo aa��l 9'3 4 - Staff Recommendation: 2-3 Vo Uzi _� sY'z z3 To receive and file the bid submitted for the 2018-2019 Street Resurfacing Program and adopt an Ordinance authorizing the Mayor to enter into an agreement with Jim Smith Contracting Company, LLC., for the unit prices listed on the attached bid tab for the 2018 and 2019 calendar year ending December 31, 2019, and allow "Price Adjustments" in accordance with the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction, latest edition; and to authorize the Mayor, subsequent to the recommendation of the City Engineer -Public Works Director, to execute a "One -Year Renewal Agreement" extending the contract time period for the 2020 calendar year ending December 31, 2020, upon the mutual agreement of both parties. Attachments: Advertisement, Bid, Bid Tab, Notice of Award, Contracts Depart en ad City Clerk City anager PUBLIC NOTICE The City of Paducah, Engin- eering Public Works Department will receive bids for the City of Padu- cah's 2018-2019 Resurfacing Pro- gram at 2:00 P.M., Tuesday, April 17th, 2018. All Bids received will be publicly opened and read aloud in the Commission Chambers, Second Floor, City Mail, 300 South 5th Street, Paducah, Kentucky. Copies of specifications may be obtained at the office of the Engineering -Pub- lic Works Depart- ment located in City Nall. More in- formation regard - Ing this project may be found at the City of Paducah's we www.paducahky.g ov under Request for Bids. CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT 2018-2019 STREET RESURFACING PROGRAM BID TAB Bid Opening: Tuesday, April 17, 2018 2:00 PM CST BIDDERSRe�o- menAcceptar2ce . Jim SmithContracting, LLC 1108 Dover Road_ Grand Rivers, KY 42045 ITEM NO DESCRIPTION UNIT UNIT PRICE 1 Bituminous Surface/Base Ton $75.00 2 Milling Texture Ton $50.00 5 Shoulder Construction Ton $40.00 Subcontractors: Charbon Contracting Milling 00500 OWNER -CONTRACTOR AGREEMENT PAGE 1 OF 2 CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT FOR THE 2018-2019 RESURFACING PROGRAM THIS AGREEMENT, made this 25th day of April, 2018 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and Jim Smith Contracting Co., LLC, hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services necessary for the 2018-2019 RESURFACING PROGRAM. All Work shall be in accordance with this Agreement, Specifications and any Addendum(s) issued. Throughout the performance of this Contract, the Engineering -Public Works Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah. All work done by the Contractor shall be completed under the general supervision of the Engineer. ARTICLE 2. CONTRACT TIME This Contract shall be binding upon the City and the Contractor, his partners, successors, assigns, and legal representatives for remaining portion of the 2018 calendar year and the 2019 calendar year ending December 31, 2019. Neither the City nor the Contractor shall have the right to assign, transfer, or sublet their interests or obligations hereunder without consent of the other party. The term of the contract may be renewable for an additional one-year term, ending December 31, 2020, upon the mutual agreement of both parties. The City Engineer -Public Works Director, acting as agent for the Owner, shall determine, in his sole discretion, the option to renewal. If agreed, this renewal option will be exercised by both parties executing and delivering the written One -Year Renewal Agreement. The City reserves the right to have said contract work completed at the quoted prices until the One -Year Renewal Agreement has been executed by the parties. However, in no case shall the Contractor be bound to complete the work at these prices past December 31, 2019. ARTICLE 3. THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract at the rates listed below for Asphalt Milling and Resurfacing work as quoted in the Bid Proposal by the Contractor dated April 17, 2018, which shall constitute full compensation for the work and services authorized herein. The Contractor agrees that no minimum amount of purchase shall be required. Contract Unit Prices shall begin upon execution of this Agreement. Said Contract Unit Prices may be adjusted in accordance with Section 109.07 "Price Adjustments" of the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction, latest edition. 00500 OWNER -CONTRACTOR AGREEMENT PAGE 2 OF 2 RESURFACING UNIT PRICES ITEM DESCRIPTION UNIT UNIT PRICE 1. Bituminous Surface/Base Ton $75.00 2. Milling Texture Ton $50.00 3. Shoulder Construction Ton $40.00 ARTICLE 4. PROGRESS PAYMENTS The Contractor may submit each month, and no more than once a month, a Request for Payment for Work completed in accordance with the Specifications. The Owner will make partial payments on or about thirty, (30) days after submission of a properly completed invoice and approval of the completed work. At the Engineer's discretion, a ten percent (10%) retainage may be held until final completion and acceptance of the work. Compensation for any "Price Adjustments" agreed to by the City Engineer will be paid in accordance with Section 109.07.03 of the Kentucky Transportation Cabinet Department of Highways Standard Specifications for Road and Bridge Construction, latest edition. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due sixty, (60) days after substantial completion of the work, provided the work will then be fully completed and the Contract fully performed in accordance with the specifications. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. The parties hereto have executed this Agreement, the day and year first above written. JIM SMITH CONTRACTING CO., LLC r I BY Eric McDowell, Contrad Administrator CITY OF PADUCAH, KENTUCKY BY Brandi Harless, Mayor ADDRESS: ADDRESS: 1108 Dover Road Post Office Box 2267 Grand Rivers, KY 42045 Paducah, Kentucky 42002-2267