HomeMy WebLinkAboutCCMPacket2020-04-14CALLED CITY COMMISSION MEETING
AGENDA FOR APRIL 14, 2020
5:30 PM
VIDEO TELECONFERENCE MEETING
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. CONSENT AGENDA
A.Approve Minutes for March 31, 2020
B.Receive & File Documents
C.Personnel Actions
II. ORDINANCE(S) - EMERGENCY
A.Small Business Relief Grant Criteria & Expenditure Approval - J ARNDT
B.Authorize Contract for Emergency Repairs of the building located adjacent
to the Kresge Building - S KYLE
III. ORDINANCE(S) - ADOPTION
A.Closure of a Portion of an Alley Between 160 and 200 Bruce Avenue - R
MURPHY
B.Approval of contract with Jim Smith Contracting, LLC in the amount of
$479,350.50 for the Greenway Trail Phase V project - R MURPHY
C.Approval of a Professional Services Contract with BFW Engineering &
Testing, Inc. in the amount of $250,000 for the Environmental Assessment
Services for the Paducah Riverfront Infrastructure Improvement Project
(BUILD Grant) - R MURPHY
IV. ORDINANCE(S) - INTRODUCTION
A.Zone Change three lots located at 1128 & 1140 Broadway and 1143
Kentucky Ave from B-3 General Business Zone to M-2 Heavy Industrial
Zone -T TRACY
B.Fiscal Year-End Business License Due Date Clarification - J PERKINS
C.Authorize a professional services agreement with Kroll Associates in the
amount of $45,000 for Endpoint IT Protection Services & Threat Monitoring
- S CHINO
V. COMMENTS
A.Comments from the City Manager
B.Comments from the Board of Commissioners
VI. EXECUTIVE SESSION
March 31, 2020
At a Called Meeting of the Board of Commissioners, held on Tuesday, March 31, 2020, 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 Clerk, the following answered to their names:
Commissioners Abraham, McElroy, Watkins, Wilson and Mayor Harless (5).
In order to keep the Commission and public safe in the midst of the COVID-19 outbreak and in
accordance with Kentucky Executive Order 2020-243, Commissioners Abraham, McElroy and
Watkins participated using video teleconferencing. Further, this meeting was not open to the public.
The public was invited to view the meeting on Youtube at
https://www.youtube.com/user/paducahkygov or on the government access channel Government 11
(Comcast channel 11).
INVOCATION:
Commissioner McElroy led the Invocation.
PLEDGE OF ALLEGIANCE
Mayor Harless led the pledge.
CONSENT AGENDA
Mayor Harless asked if the Board wanted any items on the Consent Agenda removed for separate
consideration. There were no items removed. Mayor Harless asked the City Clerk to read the items on
the Consent Agenda.
I(A)Approve Minutes for the March 10, 2020 Meeting of the Board of Commissioners of the
City of Paducah
I(B)Receive and File Documents:
Minute File:
1. Downtown Paducah Parking Assessment – Concepts 21
2. Geotechnical Subsurface Investigation – City Block Development
3. HDR – Phase II Preliminary Environmental Site Investigation (PSI)
4. Declaration of Local State of Emergency – February 17, 2020 Flooding
5. Revocation – State telecom distribution fund – cable franchise fee – February 27,
2020
6. Certificate of Liability Insurance – Murtco, Inc.
7. Certificate of Liability Insurance – McClusky Concrete Construction, Inc.
8. Certificate of Liability Insurance – Coast to Coast Signs, LLC
9. Paducah Parks and Recreation Master Plan – (MO#2324)
Deed File:
1. Deed of Conveyance – City of Paducah to James M. Hardin and Jackie K.
Bradford – 164 Clements Street (MO #2309)
2. Deed of Conveyance – Michael and Tina Tolbert to City of Paducah – 1314 Oscar
Cross (MO #2314)
580584584
March 31, 2020
Contract File:
1. Agreement between City of Paducah and Adams Contracting LLC for Perkins
Creek Pedestrian Bridge Project (ORD 2020-03-8619)
2. Engineering for Various Floodwall Closures – BFW Engineering & Testing
(ORD 2020-03-8620)
3.Amendment to Tyler Technologies Contract (911)– (MO #2329)
4.American Queen Steamboat Company Docking Agreement (Signed by CM)
5.Grant Agreement – City of Paducah – Yeiser Art Center – Kentucky Arts Council
Grant (MO #2312)
Financials File:
1. GPEDC, Inc. – Financial Statement for year ended June 30, 2019
Bids File:
1. Bids for Rough Mower for Paxton Park Golf Course
a. Hutson
b. ERB Turf Equipment, Inc. *Bid Winner
c. Kenney Machinery
2. Bids for Greens Mower for Paxton Park Golf Course
a. Kenney Machinery *Bid Winner
b. ERB Turf Equipment, Inc.
I(C)Appointment of Mary Katz, April Cochran, Steven Page, Cindy Ragland, and Shand
Stamper to the Paducah Creative and Cultural Council. Mary Katz and April Cochran’s
terms shall expire March 24, 2021; Steven Page and Cindy Ragland’s terms shall expire
March 24, 2022; and Shand Stamper’s term shall expire March 24, 2023.
I(D)Appointment of Deborah Edmonds to the Paducah Convention and Visitors Bureau. Said
term shall expire December 31, 2023
I(E)Reappointment of Paul King, Brad Arterburn and Shirley Walker and Appointment of
Melissa Yates to the Forest Hills Village, Inc., Board. The term of Paul King shall expire
May 6, 2024, the terms of Brad Arterburn and Shirley Walker shall expire November 4,
2024. Melissa Yates will fulfill the term of James C. Tidwell, who resigned. That term
expires May 6, 2023.
I(F)Personnel Actions
I(G) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS NECESSARY TO APPLY FOR AND ACCEPT GRANT FUNDS
THROUGH THE KENTUCKY DEPARTMENT FOR LIBRARIES & ARCHIVES
(KDLA) FOR A FY2020 LOCAL RECORDS PROGRAM GRANT IN THE AMOUNT
OF $33,529 BASED ON THE BIDS RECEIVED, FOR SERVICES RELATED TO
DIGITIZING RECORDS FOR THE PADUCAH POLICE DEPARTMENT AND
AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT AND
ALL DOCUMENTS RELATED TO SAME. (MO #2330, BK 11)
March 31, 2020
I(H)A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE U.S.
DEPARTMENT OF JUSTICE FOR A 2019 U.S. BULLETPROOF VEST
PARTNERSHIP GRANT AWARD IN AN AMOUNT OF $4,367.71 FOR THE
PURCHASE OF BODY ARMOR VESTS FOR USE BY THE PADUCAH POLICE
DEPARTMENT (MO #2331, BK 11)
I(I)A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR A 2020-2021
KENTUCKY HOUSEHOLD HAZARDOUS WASTE GRANT THROUGH THE
KENTUCKY DIVISION OF WASTE MANAGEMENT IN AN AMOUNT OF $25,500
TO ASSIST IN FUNDING THE CITY/COUNTY ANNUAL SPRING CLEAN-UP DAY
AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED
TO SAME (MO #2332, BK 11)
I(J)A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO THE AGREEMENT WITH TYLER TECHNOLOGIES FOR THE
LICENSE OF SOFTWARE AND THE PROCUREMENT OF RELATED PRODUCTS
AND SERVICES (MO #2333, BK 11)
I(K)A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS NECESSARY TO APPLY FOR AND ACCEPT GRANT FUNDS
THROUGH THE KENTUCKY DEPARTMENT FOR LIBRARIES & ARCHIVES
(KDLA) FOR A FY2020 LOCAL RECORDS PROGRAM GRANT IN THE AMOUNT
OF $16,567 BASED ON THE BIDS RECEIVED, FOR THE PURCHASE OF
SERVICES RELATED TO DIGITIZING PERMANENT RECORDS FOR THE
PADUCAH CITY CLERK’S OFFICE, AND AUTHORIZING THE MAYOR TO
EXECUTE THE GRANT AGREEMENT AND ALL DOCUMENTS RELATED TO
SAME (MO #2334, BK 11)
I(L)A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT
APPLICATION AND ALL DOCUMENTS NECESSARY FOR A 2020 KENTUCKY
OFFICE OF HOMELAND SECURITY GRANT IN THE AMOUNT OF $437,172.81,
TO ENABLE THE PADUCAH POLICE DEPARTMENT TO PURCHASE RADIO
UPGRADES TO REPLACE ALL OUTDATED HANDHELD AND MOBILE RADIOS
CURRENTLY IN USE (MO #2335, BK 11)
Mayor Harless offered motion, seconded by Commissioner Wilson, that the consent agenda be
adopted as presented.
Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor
Harless. (5)
RESOLUTION
Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners
adopt a Resolution entitled, “A RESOLUTION AUTHORIZING THE ENGINEERING PROJECT
MANAGER TO EXECUTE DOCUMENTS FOR AND ON BEHALF OF THE CITY OF PADUCAH
TO APPLY FOR FINANCIAL ASSISTANCE THROUGH THE FEDERAL EMERGENCY
MANAGEMENT AGENCY FOR ALL MATTERS PERTAINING TO SUCH FEDERAL
DISASTER ASSISTANCE.”
March 31, 2020
Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor
Harless (5).
MUNICIPAL ORDER
Commissioner Wilson offered motion, seconded by Mayor Harless, that the Board of Commissioners
adopt a Municipal Order entitled, “MUNICIPAL ORDER PROVIDING FOR LEAVE UNDER THE
FAMILIES FIRST CORONAVIRUS RESPONSE ACT.”
Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor
Harless (5) .” (MO #2336, BK 11)
ORDINANCE – EMERGENCY
Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners
introduce and adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING A LOCAL
ECONOMIC STIMULUS PACKAGE TO MITIGATE THE IMPACT OF THE COVID-19
PANDEMIC BY AMENDING ORDINANCE NO. 2019-6-8578; AUTHORIZING THE FINANCE
DIRECTOR TO TRANSFER $250,000 FROM VARIOUS PROJECTS/FUNDS TO A SMALL
BUSINESS RELIEF FUND AND AUTHORIZING THE EXPENDITURE OF SAID FUNDS FOR
SMALL BUSINESS RELIEF; APPROVING A GROSS RECEIPT TAX EXTENSION FOR
CALENDAR FILERS; TEMPORARILY WAIVING TAXICAB DRIVER'S LICENSE RENEWAL
REQUIREMENTS; TEMPORARILY REDUCING SOLID WASTE COLLECTION RATES FOR
COMMERCIAL ACCOUNTS; AND DECLARING AN EMERGENCY TO EXIST.” This ordinance
is summarized as follows: This ordinance amends the annual budget of the City of Paducah by the
following re-appropriations: Transfer $250,000 to the COVID-19 Stimulus (MR0079) Project and
authorizes the Finance Director to appropriate $150,000 of the funds transferred to the COVID-19
Stimulus (MR0079) Project for the Small Business Relief Fund Program, upon approval of
applications submitted. The remaining $100,000 will be appropriated in the same manner upon receipt
of donated funds from the Community Foundation of West Kentucky, but only in the form of 1-to-1
matching funds. Further, this ordinance postpones the filing of the annual Gross Receipts License Tax
(Business License Tax) to July 15, 2020, for calendar year filers. This ordinance establishes a 50%
price reduction for solid waste collection for commercial (non-residential) rollouts and commercial
dumpsters. This fee reduction shall be in effect for commercial solid waste collection services provided
during the months of April 2020 and May 2020. This ordinance waives the requirements related to
Taxicab Driver’s License renewals until July 1, 2020. Pursuant to KRS 83A.060, the City Commission
suspends the requirement of a second reading of this ordinance. As grounds therefor, the City
Commission does hereby declare an emergency to exist due to the need to mitigate the local economic
effects of the COVID-19 pandemic.
Adopted on call of the roll, yeas, Commissioners Abraham, McElroy, Watkins, Wilson and Mayor
Harless (5). (ORD 2020-03-8623, BK 36)
ORDINANCE(S) – ADOPTIONS
APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $141,000 FOR THE
REPLACEMENT OF PAXTON PARK GROUNDS EQUIPMENT
March 31, 2020
Commissioner Wilson offered motion, seconded by Mayor Harless, that the Board of Commissioners
adopt an Ordinance entitled, “ AN ORDINANCE AMENDING ORDINANCE NO. 2019-6-8578,
ENTITLED, “AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL
OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2019, THROUGH JUNE 30, 2020, BY
ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE
OPERATION OF CITY GOVERNMENT” This Ordinance is summarized as follows: That the annual
budget for the fiscal year beginning July 1, 2019, and ending June 30, 2020, as adopted by Ordinance
No. 2019-6-8578, be amended by the following re-appropriations:
Transfer $141,000 from the FY2020 Fleet Trust Fund Fund Balance to the Fleet
Trust Fund.
Adopted on call of the roll, yeas, Commissioner Abraham, McElroy, Watkins, Wilson and Mayor
Harless (5). (ORD #2020-03-8624, BK 36)
APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $80,000 FOR THE BUCKER
LANE BRIDGE PROJECT
Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners
adopt an Ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 2019-6-8578,
ENTITLED, “AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL
OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2019, THROUGH JUNE 30, 2020, BY
ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE
OPERATION OF CITY GOVERNMENT” This Ordinance is summarized as follows: That the
annual budget for the fiscal year beginning July 1, 2019, and ending June 30, 2020, as adopted by
Ordinance No. 2019-6-8578, be amended by the following re-appropriations:
Transfer $80,000 from the FY2020 Unreserved MAP Fund fund balance to the
Flood Mitigation – Bridge Design Project Account PF0077
Adopted on call of the roll, yeas, Commissioner Abraham, McElroy, Watkins, Wilson and Mayor
Harless (5). (ORD #2020-03-8625, BK 36)
APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH BFW ENGINEERING
& TESTING, INC., IN THE AMOUNT OF $154,036 FOR ENGINEERING SERVICES FOR
THE BUCKNER LANE BRIDGE PROJECT
Commissioner Wilson offered motion, seconded by Mayor Harless, that the Board of Commissioners
adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BFW ENGINEERING & TESTING, INC. IN
AN AMOUNT OF $154,036 FOR SURVEY, ROADWAY AND STRUCTURE DESIGN FOR THE
BUCKNER LANE BRIDGE REPLACEMENT OVER CROOKED CREEK”. This Ordinance is
summarized as follows: This Ordinance authorizes the Mayor to execute a professional services
agreement in an amount of $154,036 with BFW Engineering & Testing, Inc. for professional services
related to the Buckner Lane Bridge Replacement Project. This expenditure shall be charged to the
Flood Mitigation-Bridge Design Project No. PF0077.
Adopted on call of the roll, yeas, Commissioner Abraham, McElroy, Watkins, Wilson and Mayor
Harless (5). (ORD #2020-03-8626, BK 36)
March 31, 2020
APPROVE PROFESSIONAL SERVICE CONTRACT FOR A CLASSIFICATION AND
COMPENSATION STUDY FOR A BASE FEE OF $39,000 WITH ADDITIONAL EXPENSES
NOT TO EXCEED $1,600 WITH CBIZ BENEFITS & INSURANCE SERVICES., INC. d/b/a
CBIZ TALENT AND COMPENSATION SOLUTIONS
Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners
adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH CBIZ BENEFITS & INSURANCE SERVICES,
INC. IN AN AMOUNT OF $39,000 PLUS DIRECT EXPENSES IN AN AMOUNT NOT TO
EXCEED $1,600 FOR A CLASSIFICATION AND COMPENSATION STUDY FOR THE CITY OF
PADUCAH.” This Ordinance is summarized as follows: That the Mayor is hereby authorized to
execute a professional services agreement in the amount of $39,000, plus direct expenses in an amount
not to exceed $1,600, with CBIZ Benefits & Insurance Services, Inc., for a classification and
compensation study for the City of Paducah. This expenditure shall be charged to the Pay & Class
Study 2020 Project Account No. MR0077.
Adopted on call of the roll, yeas, Commissioner Abraham, McElroy, Watkins, Wilson and Mayor
Harless (5). (ORD #2020-03-8627, BK 36)
ORDINANCE(S) – INTRODUCTION
CLOSURE OF A PORTION OF AN ALLEY BETWEEN 160 AND 200 BRUCE AVENUE
Commissioner Wilson offered motion, seconded by Mayor Harless, that the Board of Commissioners
introduce an Ordinance entitled, “AN ORDINANCE PROVIDING FOR THE CLOSING OF A
PORTION OF PORTON OF AN ALLEY BETWEEN 160 AND 200 BRUCE AVENUE, AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME.” This
ordinance is summarized as follows: The City of Paducah does hereby authorize the closure of a
portion of an alley between 160 and 200 Bruce Avenue, and authorizes, empowers and directs the
Mayor to execute a quitclaim deed from the City to the property owners in or abutting the public ways
to be closed.
APPROVAL OF A CONTRACT WITH JIM SMITH CONTRACTING, LLC, IN THE
AMOUNT OF $479,350.50 FOR THE GREENWAY TRAIL PHASE V PROJECT
Mayor Harless offered motion, seconded by Commissioner Wilson, that the Board of Commissioners
introduce an Ordinance entitled, “AN ORDINANCE ACCEPTING THE BID OF JIM SMITH
CONTRACTING, LLC, IN THE AMOUNT OF $479,350.50 FOR THE GREENWAY TRAIL
PHASE V PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
SAME.” This Ordinance is summarized as follows: This Ordinance authorizes the Mayor to execute a
professional services agreement in an amount of $479,350.50 with Jim Smith Contracting, LLC, for
the Greenway Trail Phase V project and authorizes the transfer of $50,000 from the Boyles Estate
Trust into the Greenway Trail Phase V Project Account.
March 31, 2020
APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH BFW ENGINEERING
& TESTING, INC., IN THE AMOUNT OF $250,000 FOR THE ENVIRONMENT
ASSESSMENT SERVICES FOR THE PADUCAH RIVERFRONT INFRASTRUCTURE
IMPROVEMENT PROJECT (BUILD GRANT)
Commissioner Wilson offered motion, seconded by Mayor Harless, that the Board of Commissioners
introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH BFW
ENGINEERING & TESTING, INC. IN THE AMOUNT OF $250,000 FOR ENVIRONMENTAL
SERVICES FOR THE PADUCAH RIVERFRONT INFRASTRUCTURE IMPROVEMENT
PROJECT (BUILD GRANT).” This Ordinance is summarized as follows: This Ordinance authorizes
the Mayor to execute a professional services agreement in an amount of $250,000 with BFW
Engineering & Testing, Inc. for the Environmental Assessment Services for the Paducah Riverfront
Infrastructure Improvement Project (BUILD Grant).
COMMENTS FROM CITY MANAGER
Praised the City team in all they are doing to follow CDC guidelines; i.e., social distancing, working
from home, etc., and the Commission for its leadership during the COVID-19 crisis. Thanked Public
Information Officer Pam Spencer for her daily updates.
COMMENTS FROM MAYOR
Reminded everyone that there is still Customer Experience personnel answering the phones at
City Hall
Reminded everyone about resources that are available during this time.
Commented on extra trash pickup services that are available at this time.
COMMENTS FROM COMMISSION
Commissioners Abraham and Watkins offered comments of hope and encouragement. Urged
everyone to continue to follow CDC Guidelines and practice social distancing.
Commissioner McElroy asked everyone to encourage health care workers. Also stated that the
Dogwood Trail starts April 8.
Commissioner Wilson urged everyone to continue to support small local businesses, and to
encourage and support one another. She also encouraged people to light up if they are on the
Dogwood Trail.
ADJOURN
Mayor Harless offered motion, seconded by Commissioner Wilson, to adjourn the meeting. All in
favor.
Meeting ended at approximately 6:31 p.m.
ADOPTED: April 14, 2020
______________________________
March 31, 2020
Brandi Harless, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
April 14, 2020
Minute File:
1. Declaration of a Local State of Emergency – March 16, 2020
2. Notice of Cancellation of Board of Commissioners meeting on March 24, 2020
3. Notice of Called Board of Commissioners meeting on March 31, 2020
4. Certificate of Liability Insurance – 3C’s Concrete Work, LLC
5. Certificate of Liability Insurance – MP Lawson Construction, LLC
6. Notice to Rescind Invitation to Bid for the City of Paducah’s Pavement Marking Contract
for 2020-2021
7. Notice to Rescind Invitation to Bid for the City of Paducah’s supply of limestone for
2020-2021
Contract File:
1. Agreement with BFW Engineering & Testing, Inc. – Professional Services for the
Buckner Lane Bridge Project in the amount of $154,036 (ORD 2020-03-8626)
2. Amendment to Tyler Technologies ERP Contract – Change Order (MO #2333)
3. Designation of Applicants Agent authorizing Engineering Project Manager as Applicant
Agent for all FEMA and KYEM documentation required for Federal Disaster Assistance
(Resolution Adopted 3-31-2020)
Bids File:
Clerk’s Office Digitization Project – 2020
1. DRMS
2. U.S. Imagine
3. Scanning America
4. DocScan
5. Kofile
6. Courthouse Computer Systems
7. Justin Beard (Individual)
8. Integrity One
9. Keeforce – No Bid
10. Information Systems – No Bid
Proposals:
1. MER Commercial Diving Division – proposal for Riverfront Soundings - 2020
CITY OF PADUCAH
April 14, 2020
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.
Michelle Smolen
City Manager's Office
4/10/2020
Date
CITY OF PADUCAH
PERSONNEL ACTIONS
PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS
PREVIOUS POSITION CURRENT POSITION
POLICE - OPERATIONS AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Turner, Troy Operations Sergeant Operations Captain NCS Ex April 23, 2020
$29.26/hr $34.35/hr
Antonites, Nathan A. Operations Sergeant Operations Captain NCS Ex July 2, 2020
$28.72/hr $35.02/hr
Hicks, Jason Detective Operations Sergeant NCS Non-Ex April 23, 2020
$27.19/hr $28.21/hr
PART-TIME PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS
PARKS & RECREATION
Newberry, Peyton Recreation Leader Park Maintenance - Laborer NCS Non-Ex April 9, 2020
$11.00/hr $11.00/hr
PARKS & RECREATION POSITION REASON NCS/CS FLSA EFFECTIVE DATE
Goheen, Kevin A. Park Maintenance - Laborer Seasonal NCS Non-EX April 2, 2020
McGregory, Joseph Sports Official Seasonal NCS Non-EX April 2, 2020
ENGINEERING
Setter, James W.Temp - Pump Operator Seasonal NCS Non-EX April 3, 2020
Adams, David J.Temp - Pump Operator Seasonal NCS Non-EX April 3, 2020
Yarber, Jalen C.Temp - Pump Operator Seasonal NCS Non-EX April 3, 2020
Leneave, Clayton G.Temp - Pump Operator Seasonal NCS Non-EX April 3, 2020
April 14, 2020
TERMINATIONS - PART-TIME (P/T)
Agenda Action Form
Paducah City Commission
Meeting Date: April 14, 2020
Short Title: Small Business Relief Grant Criteria & Expenditure Approval - J ARNDT
Category: Ordinance
Staff Work By: Lindsay Parish, Tammara Tracy, Jonathan Perkins, Michelle Smolen, James
Arndt
Presentation By: James Arndt
Background Information: On March 31, 2020, the City Commission adopted an emergency ordinance to
Amend the FY20 budget to move $250,000 from various city accounts to a project account for relief efforts
associated with the COVID-19 pandemic. The ordinance also authorized the Finance Director to appropriate
$150,000 of the funds transferred to the COVID-19 Stimulus (MR0079) Project for the Small Business Relief
Fund Program, upon approval of the applications submitted. The remaining $100,000 will be appropriated in
the same manner upon receipt of donated funds from the Community Foundation of West Kentucky, but only
in the form of 1-to-1 matching funds.
This ordinance establishes the criteria for businesses applying for a grant from the Small Business Relief Fund.
To be eligible for a grant under the Small Business Relief Fund Program, a business must:
(1) Be categorized as a non-essential business that was required to cease or reduce operations as a result of
the Executive Orders issued by the Governor;
(2) Exist within the city limits in a brick-and-mortar location;
(3) Be open and operating before January 1, 2020;
(4) Employ 25 or fewer people;
(5) Not be a franchise or franchise-affiliated; and
(6) Be current on its payroll and property taxes as of March 1, 2020.
If a business is awarded a grant, it must:
(1) Use the money towards rent, mortgage, payroll and/or utility bills; and
(2) Provide proof of eligible expenditures by September 1, 2020.c.
If a business fails to spend the grant funds on eligible expenses and provide proof of such by September 1,
2020, the Mayor and/or City Manager are authorized to take any action(s) necessary to recover all unspent
and/or ineligible-spent funds.
This ordinance also authorizes the Finance Director to appropriate $150,000 of the $250,000 currently in the
COVID-19 Stimulus (MR0079) Project for the Small Business Relief Fund Program, upon approval of
applications submitted in the form of $2,000 grants to the first 75 awarded-recipients. Further it authorizes the
Finance Director to appropriate the remaining $100,000 as a matching grant in the form of 1-to-1 matching
funds received through donations. Those grants will also be in the form of $2,000 but the number of
businesses awarded will be determined by the amount of funds donated.
Does this Agenda Action Item align with a Strategic Plan Action Step? Yes
If yes, please list the Action Step Item Codes(s): E-1 Encourage and assist local business retention and
expansion
Funds Available:Account Name: COVID-19 Stimulus
Account Number: MR0079
Staff Recommendation: Approve the Emergency Ordinance.
Attachments:
1.Ordinance
ORDINANCE NO. 2020-______-_________
AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS IN THE
SMALL BUSINESS RELIEF FUND IN THE FORM OF GRANT AWARDS TO BUSINESSES
THAT MEET CERTAIN CRITERIA AND DECLARING AN EMERGENCY TO EXIST
WHEREAS, the President of the United States and the Governor of Kentucky have both
declared a State of Emergency in response to the novel coronavirus (COVID-19) pandemic; and
WHEREAS, the Mayor of the City of Paducah declared a State of Emergency on March
16, 2020 in responses to the COVID-19 virus pandemic; and
WHEREAS, the City of Paducah recognizes the local effects of the COVID-19 pandemic
including the implementation of state and federal recommendations for social distancing, closing
businesses and/or reducing operations, and self-quarantining; and
WHEREAS, the City of Paducah further recognizes the financial impact on local
businesses, its employees and the citizens resulting from both the state and federal
recommendations and the necessary actions implemented by Executive Orders by Governor
Beshear to reduce the spread of COVID-19 in the Commonwealth of Kentucky; and
WHEREAS, as a result of the COVID-19 pandemic, the City of Paducah anticipates a
shortfall of approximately 25 per cent in payroll taxes to be paid during the next Fiscal Year; and
WHEREAS, the City of Paducah desires to provide economic assistance to small
businesses that have been impacted by the COVID-19 pandemic by awarding grants of $2,000 to
businesses located within the city limits of the City of Paducah that were required to cease or
reduce operations by Governor Andy Beshear’s Executive Order 2020-257; and
WHEREAS, in doing so, the City of Paducah hopes to help bridge the gap for those small
businesses so that they can continue to operate once they are allowed to continue and/or increase
operations such that the City of Paducah and its citizens will benefit in the form of payroll taxes,
property taxes, lower unemployment rates, quality of life, and other benefits that will be derived
as a result of the continuation of business operations within the City; and
WHEREAS, in an effort to ensure the funds are being spent towards reaching the City of
Paducah’s goals as set forth herein, the City will require those businesses awarded said grants to
provide proof that the funds were used towards qualifying expenses; and
WHEREAS, the City of Paducah intends to benefit the public at large by limiting the
amount of funds to be awarded to each business to $2,000 in an effort to assist as many businesses
as possible.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Small Business Relief Fund Program Criteria. That the
following criteria are established relating to the expenditure of the Small Business Relief Fund:
a. To be eligible for a grant under the Small Business Relief Fund Program, a
business must:
(1) Be categorized as a non-essential business that was required to cease or reduce
operations as a result of the Executive Orders issued by the Governor;
(2) Exist within the city limits in a brick-and-mortar location;
(3) Be open and operating before January 1, 2020;
(4) Employ 25 or fewer people;
(5) Not be a franchise or franchise-affiliated; and
(6) Be current on its payroll and property taxes as of March 1, 2020.
b. If a business is awarded a grant, it must:
(1) Use the money towards rent, mortgage, payroll and/or utility bills; and
(2) Provide proof of eligible expenditures by September 1, 2020.
c. If a business fails to expend the grant funds on eligible expenses and provide
proof of such by September 1, 2020, the Mayor and/or City Manager are authorized to take any
action(s) necessary to recover all unspent and/or ineligible-spent funds.
SECTION 2. Authorization to Finance Director to issue grants. That the
Finance Director is hereby authorized to appropriate $150,000 of the $250,000 currently in the
COVID-19 Stimulus (MR0079) Project for the Small Business Relief Fund Program, upon
approval of applications submitted in the form of $2,000 grants to the first 75 awarded-
recipients. The Finance Director is hereby authorized to appropriate the remaining $100,000 as a
matching grant in the form of 1-to-1 matching funds received through donations. Those grants
will also be in the form of $2,000 but the number of businesses awarded will be determined by
the amount of funds donated.
SECTION 3. Emergency Declared. Pursuant to KRS 83A.060, the City
Commission suspends the requirement of a second reading of this ordinance. As grounds
therefor, the City Commission does hereby declare an emergency to exist due to the need to
mitigate the local economic effects of the COVID-19 pandemic.
SECTION 4. Severability. The provisions of this Ordinance are declared to be
severable. If any section, phrase or provision shall for any reason be declared invalid, such
declaration shall not affect the validity of the remainder of this Ordinance.
SECTION 5. Effective Date. This ordinance shall become effective immediately
upon its adoption by affirmative vote of 2/3 or more of the legislative body.
________________________________________
Brandi Harless, Mayor
ATTEST:
______________________________
Lindsay Parish, City Clerk
Introduced & Adopted by the Board of Commissioners April 14, 2020
Recorded by Lindsay Parish, Paducah City Clerk, April 14, 2020
Published by The Paducah Sun, ____________________
ORD\Emergency – 2020 COVID-19 Grant Award
Ordinance Prepared Stacey Blankenship, KKHB
Agenda Action Form
Paducah City Commission
Meeting Date: April 14, 2020
Short Title: Authorize Contract for Emergency Repairs of the building located adjacent to the Kresge
Building - S KYLE
Category: Emergency
Staff Work By: Janet Dicke, Greg Cherry, Steve Kyle
Presentation By: Steve Kyle
Background Information: The City of Paducah recently demolished the east wall of the Kresge Building
that was adjoined to an adjacent building located at 314 Broadway. The demolition of the adjoining east wall
of the Kresge Building resulted in certain damages to the west wall and parapet of the adjacent building.
The City retained a consulting structural engineer, Gardner Engineering & Consulting, PPLC, to evaluate the
structural integrity of the parapet wall and certain other components of the west wall of the adjacent building to
determine an appropriate scope of work necessary to repair the damage. Subsequent to the consulting
engineer’s initial evaluation, the parapet wall on the adjacent building collapsed due to a wind and weather
event which also caused additional potential damage to other areas of the west wall.
The consulting engineer has notified the City that repairs to the adjacent building are needed to be performed
on an immediate basis in order to avoid further property damage to the adjoining building including roof and
wall failure which if occurred, would be a threat to the public safety and welfare.
Based on the consulting engineer’s opinion, the City Manager has made a written determination that an
emergency exists and has further determined that in light of the emergency, a contractor cannot be selected to
abate the emergent conditions on a competitive bid basis and in accordance with KRA 45A.380, any contract
must be entered through non-competitive negotiations.
This Emergency Ordinance serves to ratify the City Manager's determination and authorize the execution of a
contract for repairs on a non-competitive basis and in accordance with the scope of work and specifications
developed by the City’s consulting structural engineer.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name: Kresge Building Demolition Project
Account Number: MR0073
Staff Recommendation: Approve the emergency ordinance.
Attachments:
1.Emergency Ordinance
ORDINANCE 2020-________
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT THROUGH NON-COMPETITIVE
NEGOTIATIONS WITH A QUALIFIED CONTRACTOR TO MAKE CERTAIN REPAIRS
TO A BUILDING ADJACENT TO THE FORMER KRESGE BUILDING SITE THAT
RESULTED FROM THE DEMOLITION OF THE KRESGE BUILDING AND RATIFYING
THE CITY MANAGER’S DECLARATION OF AN EMERGENCY
WHEREAS, the City of Paducah recently demolished the east wall of the Kresge
Building that was adjoined to an adjacent building located at 314-315 Broadway; and
WHEREAS, the demolition of the adjoining east wall of the Kresge Building
resulted in certain damages to the west wall and parapet of the adjacent building; and
WHEREAS, the City retained a consulting structural engineer, Gardner
Engineering & Consulting, PPLC, to evaluate the structural integrity of the parapet wall and
certain other components of the west wall of the adjacent building to determine an appropriate
scope of work necessary to repair the damage; and
WHEREAS, subsequent to the consulting engineer’s initial evaluation, the
parapet wall on the adjacent building collapsed due to a wind and weather event which event also
caused additional potential damage to other areas of the west wall; and
WHEREAS, the consulting engineer has notified the City that repairs to the
adjacent building are needed to be performed on an immediate basis in order to avoid further
property damage to the adjoining building including roof and wall failure which if occurred,
would be a threat to the public safety and welfare; and
WHEREAS, based upon the consulting engineer’s opinion, the City Manager has
made a written determination that an emergency exists and has further determined that in light of
the emergency, a contractor cannot be selected to abate the emergent conditions on a competitive
bid basis and in accordance with KRA 45A.380, any contract must be entered through non-
competitive negotiations.
NOW THEREFORE, BE IT ORDAINED BY BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Ratification of Emergency Determination. The Board of
Commissioners hereby ratifies and adopts the City Manager’s written determination that an
emergency exists relating to the condition of the building located at 314-315 Broadway. A copy
of the City Manager’s written determination is attached hereto as Exhibit A.
SECTION 2. Authorization. The Board of Commissioners hereby authorizes
and directs the City Manager to select and enter a contract on behalf of the City with a qualified
contractor on a non-competitive basis in accordance with KRS 45A. 380 in order to abate the
conditions that exist to the west wall and parapet of the building located at 314-315 Broadway.
The contract shall be in accordance with the scope of work and specifications developed by the
City’s consulting structural engineer, Gardner Engineering & Consulting, PPLC. Once signed by
the City Manager, the contract shall be given full force and effect and is hereby ratified by the
City. The expenditure shall be charged to Project Account # MR0073.
SECTION 3. Emergency Declared. Pursuant to KRS 83A.060, the City
Commission suspends the requirement of a second reading of this ordinance. As grounds
therefor, the City Commission does hereby declare an emergency to exist due to the need
for immediate action to prevent public harm and property damage that could result from
the instability of the building.
SECTION 4. Effective Date. This ordinance shall become effective
immediately upon its adoption by affirmative vote of 2/3 or more of the legislative body.
______________________________
Brandi Harless, Mayor
ATTEST:
______________________________
Lindsay Parish, City Clerk
Introduced & Adopted by the Board of Commissioners April 14, 2020
Recorded by Lindsay Parish, Paducah City Clerk, April 15, 2020
Published by The Paducah Sun, ____________________
ORD\Emergency- Campbell Building Repairs
Prepared by Attorney David L. Kelly, KKHB
Agenda Action Form
Paducah City Commission
Meeting Date: April 14, 2020
Short Title: Closure of a Portion of an Alley Between 160 and 200 Bruce Avenue - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend
Presentation By: Rick Murphy
Background Information: The following adjacent property owners have submitted an executed application
requesting that a portion of an alley located between 160 and 200 Bruce Avenue be closed:
William Curtis
Kelly Curtis Morgan Walker and Scott Walker
On March 2, 2020, the Planning Commission held a public hearing and made a positive recommendation to the
City Commission for this closure. All of the utility companies have agreed to this closure with a 50 foot wide
ingress-egress and utility easement as shown on the plat.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: To adopt an ordinance authorizing the closing of a portion of an alley between 160
and 200 Bruce Avenue be closed and authorizing the Mayor to execute the closure plat and all necessary
documents to complete the transfer of property to the adjacent property owners.
Attachments:
1.Ordinance
2.Planning Commission closing alley_160 Bruce Ave 2
3.160 Bruce Ave_plat survey alley closure 2
ORDINANCE NO. 2020-______-________
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF
PORTON OF AN ALLEY BETWEEN 160 AND 200 BRUCE AVENUE, AND AUTHORIZING
THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of a
portion of 160 and 200 Bruce Avenue as follows:
LEGAL DESCRIPTION
16 foot wide Alley Right of Way Closure
A portion of an existing 16 foot wide alley containing 0.1641 acres as surveyed by Ricky A. Tosh, PLS
2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on
December 30, 2019 located on the east side of Bruce Avenue and south of Pecan Drive in Block "A" of
Hillcrest Subdivision in Paducah, McCracken County, Kentucky, and being more particularly described
as follows:
Bearings described herein are based on a magnetic observation taken at the time of the survey.
All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH
KYPLS 2900" unless stated otherwise.
Beginning at a rebar and cap (set) in the east right-of-way of Bruce Avenue and the centerline of the 16
foot wide alley right-of-way, said rebar being 25.00 feet east of the centerline of Bruce Avenue, said
centerline point be located 46.87 feet north of the centerline intersection of Valley View Drive and
Bruce Avenue;
Thence with the east line of Bruce Avenue North 10 Degrees 24 Minutes 09 Seconds West for a
distance of 8.13 feet to a 1/2" diameter rebar (found), said point being located 25.00 feet east at right
angles from the centerline of Bruce Avenue;
Thence with a common line to the W.M. Curtis property recorded in Deed Book 1171, Page 226 and
being Tract 4 of Plat Section "L", Page 1939 the following (2) two courses:
1. North 69 Degrees 28 Minutes 51 Seconds East for a distance of 148.18 feet to a 3/4" diameter
iron pipe (found);
2. South 74 Degrees 49 Minutes 18 Seconds East for a distance of 302.46 feet to a rebar and cap
(set);
Thence crossing the alley South 15 Degrees 10 Minutes 42 Seconds West for a distance of 16.00 feet
to a 1/2" diameter rebar with a plastic cap stamped "DH Dummer PLS 1955" (found);
Thence along a common line to the Kelly Curtis Morgan Walker property described in Deed Book 900,
Page 139 and being Lot 22B of Plat Section "K", Page 973 the following (2) two courses:
1. North 74 Degrees 49 Minutes 18 Seconds West for a distance of 297.31 feet to a rebar and cap
(set);
2. South 69 Degrees 28 Minutes 51 Seconds West for a distance of 145.88 feet to a rebar and
cap {set), said point being located 25.00 feet east at right angles to the centerline of Bruce
Avenue;
Thence with the east line of Bruce Avenue North 10 Degrees 24 Minutes 09 Seconds West for a
distance of 8.13 feet to the Point of Beginning.
Together with and subject to covenants, easements, right of ways and restrictions of record and in
existence.
SECTION 2. In support of its decision to close the aforesaid public way, the Board
of Commissioners hereby makes the following findings of fact:
a. William Curtis, Kelly Curtis, Morgan Walker and Scott Walker, own the
properties abutting the public way which the Board of Commissioners has authorized to be closed as
is evidenced by the application for street and/or alley closing which is attached hereto and made part
hereof.
b. On the 2nd day of March, 2020, the Paducah Planning Commission of the City
of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of the
City of Paducah closure of the aforesaid public way.
c. Written notice of the proposed closing was given to all property owners in or
abutting the public way or the portion thereof being closed as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof.
d. All property owners in or abutting the public way or the portion thereof being
closed have given their written notarized consent to the closing as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof.
SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the
Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as
described above, should be closed in accordance with the provisions of KRS 82.405.
SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute a
quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way
to be closed with each to acquire title to that portion of the public way contiguous to the property
now owned by said property owners up to center line of the said public way. Provided, however, that
the City shall reserve such easements upon the above described real property as it deems necessary.
Said deed shall provide the reservation by the City of Paducah any easements affecting the herein
described real property as described in Section 1 above. Further, the Mayor is hereby authorized,
empowered, and directed to execute all documents related to the street closing as authorized in
Section 1 above.
SECTION 5. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
___________________________________
Brandi Harless, Mayor
ATTEST:
___________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, March 31, 2020
Adopted by the Board of Commissioners, _______________________
Recorded by Lindsay Parish, City Clerk, _______________________
Published by The Paducah Sun, ____________________________
\ord\eng\st close\160 and 200 Bruce Avenue
CERTIFICATION
I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah,
Kentucky, and that the foregoing is a full, true and correct copy of Ordinance No.
_________________ adopted by the Board of Commissioners of the City of Paducah at a meeting
held on _____________________.
____________________________________
City Clerk
Exhibit A
City of Paducah, Kentucky
Public Right-of-Way Closure Application
Agenda Action Form
Paducah City Commission
Meeting Date: April 14, 2020
Short Title: Approval of contract with Jim Smith Contracting, LLC in the amount of $479,350.50 for the
Greenway Trail Phase V project - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend
Presentation By: Rick Murphy
Background Information: On February 25, 2020, sealed bids were opened and read aloud for the
Greenway Trail Phase V Project. Two responsive and responsible bids were received with Jim Smith
Contracting, LLC submitting the lowest base bid in the amount of $479,350.50. This bid was 2.4% below the
engineer’s construction cost estimate.
This Project is primarily funded with a FHWA Transportation Enhancement Grant administered by the
Kentucky Transportation Cabinet Office of Local Programs (KYTC-OLP) in the amount of $432,500 with a
20% City match. The estimated project cost is $540,625.00. Per Ordinance 2018-01-8511 an initial match
amount of $100,790.00 was transferred into the project account from the Boyles Trust Fund. An additional
$50,000 will be transferred from the Boyles Trust Fund to the Greenway Trails Phase V project account to
fully fund the project as currently budgeted.
As required by the FHWA grant LPA process, documentation was forwarded to the KYTC-OLP
recommending the award of the Project to Jim Smith Contracting, LLC, and confirmation was received from
Ms. Kim Tompkins on March 11, 2020, copy attached.
Does this Agenda Action Item align with a Strategic Plan Action Step? Yes
If yes, please list the Action Step Item Codes(s): E-4: Continue developing the riverfront from the
Carson Center to the Convention Center.
Funds Available:Account Name:
Account Number:
Staff Recommendation: To receive and file the bids and adopt an Ordinance authorizing the Mayor to
execute a contract with Jim Smith Contracting, LLC, in the amount of $ 479,350.50 for construction of the
Greenway Trail Phase V Project. In addition, authorizing the Finance Director to transfer $50,000 from the
Boyles Trust Fund into the Greenway Trail Phase V project account (PA0111).
Attachments:
1.00500 - Agreement GWT5
2.01-03201_ Paducah - Greenway Trail Phase 5 - Notice to Proceed with Construction Award 2
3.Feb_2_2020_bid ads 2
4.Ordinance
00500
AGREEMENT
Page 1 of 2
CITY OF PADUCAH, KENTUCKY
ENGINEERING-PUBLIC WORKS DEPARTMENT
AGREEMENT FOR GREENWAY TRAILS PHASE V PROJECT
THIS AGREEMENT, made this day of , 2020 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 construction of the GREENWAY TRAILS PHASE V PROJECT. All Work shall be in
accordance with this Agreement, the Plans, 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. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
The Contractor hereby agrees to commence work under this contract on or before a date to be
specified in the Notice to Proceed and to fully complete the project within One Hundred Fifty (150)
consecutive calendar days thereafter.
Failure of the Contractor to complete the work in the time specified above plus any extensions
allowed in accordance with the General Conditions shall result in the assessment of liquidated damages
for the delay (not as a penalty). Liquidated damages shall be in the amount of $500.00 per consecutive
calendar day for failure to meet the final completion date and shall be withheld from final payment.
ARTICLE 3. THE CONTRACT SUM
The Owner agrees to pay the Contractor for the performance of the Contract, subject to additions
and deductions provided therein: Four Hundred Seventy-Nine Thousand, Three Hundred Fifty and
50/100 Dollars ($479,350.50) as quoted in the Bid Proposal by the Contractor dated February 25, 2020
which shall constitute full compensation for the work and services authorized herein.
ARTICLE 4. PROGRESS PAYMENTS
Payments for work completed will be made in accordance with the Specifications.
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. GOVERNING LAW
The Parties agree that this Agreement and any legal actions concerning its validity, interpretation
and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further
agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in
McCracken County, Kentucky.
00500
AGREEMENT
Page 2 of 2
ARTICLE 7. THE CONTRACT DOCUMENTS
The Plans, Specifications and any addendum that may have been issued are fully a part of this
Contract as if thereto attached or herein repeated.
IN WITNESS WHEREOF:
The parties hereto have executed this Agreement, the day and year first above written.
CONTRACTOR CITY OF PADUCAH, KENTUCKY
BY __________________________ BY ____________________________
TITLE ________________________ Brandi Harless, Mayor
ADDRESS: ADDRESS:
1108 Dover Rd. Post Office Box 2267
Grand Rivers, KY 42025 Paducah, Kentucky 42002-2267
From:Tompkins, Kimberly J (KYTC)
To:Melanie Townsend;Mike McGregor
Cc:Stansel, Rick L (KYTC);Kuntz, Chris C (KYTC-D01)
Subject:01-03201: Paducah - Greenway Trail Phase 5 - Notice to Proceed with Construction Award
Date:Wednesday, March 11, 2020 5:31:17 PM
READ THIS – KNOW THIS – DO THESE THINGS
and make sure the Contractor is aware of these requirements, please.
The Kentucky Transportation Cabinet, Office of Local Programs (KYTC OLP) has received and reviewed the
bid documents submitted for the subject project.
Based on documents as submitted, KYTC OLP approves the award to Jim Smith Contracting
Continue to adhere to the provisions of the Federal-Aid Highway Program Project Development Guide for Local Public
Agencies. Failure to follow these provisions can adversely affect your project. Any/All changes and alterations to your
project must be submitted to OLP prior to construction or purchasing for review of compliance with State and Federal
Regulations. Please review these reminders/requirements and forward this email/information to the contractor so they have
it as well:
1. Include the Project# on all project related paperwork and the subject line of emails: 01-03201.
2.The amount of the construction phase award will be adjusted to reflect the amount of the successful bid. Excess
funds will be returned for awards to other projects. Only pre-approved change orders may result in construction
funding changes.
3. Finalize all payments for previous phases and forward so those phases may be closed.
4. Notify your OLP Project Manager of the date construction will begin.
5.Certified Payrolls must be checked by the LPA or consultant and forwarded to the KYTC PM with payment requests.
6.Daily Inspection Reports, signed by the appropriate personnel are required with test results & Buy America certs.
They too, must be checked by the LPA or consultant and forwarded to the KYTC PM with payment requests.
7.Make sure the contractor knows to turn in the affidavit and copies of the invoices and cancelled checks for the DBE
work during the course of the project. We must have documentation to prove the DBE goal was met and paid
according to guidelines. It is understood DBEs work at different times on projects depending on their function;
regardless,copies must be turned in before the project is closed or final payment is made.
8.Call the District Office to schedule a final inspection PRIOR to the contractor vacating the site. Any corrections must
be completed before the project is closed or final payment is made.
9.Make sure the contractor DOES NOT calculate retainage in their billing. Federal Guidelines do not allow
retainage on these projects.
10.If there is any potential deviation from the plans, short of an emergency, it needs to be approved before it is done!If
you are not sure if OLP should be notified or if it will need a change order, call Mike Jones in OLP for an opinion.
Changes without prior approval are not reimbursable.
11. The LPA can begin turning in reimbursement requests as early and as often as needed. We prefer monthly
requests. If a payment schedule is negotiated, a copy must go to the OLP Project Manager. .
It is preferred that each Application for Payment include the invoice detailed breakdown, certified payroll,
daily inspection reports (with test results or Buy America certificates), DBE paperwork if applicable and any
other relevant information for the time frame being billed.
We look forward to working with you to move this project forward. If you have any questions, please contact
me, rather than risk losing reimbursement
kt
Kim Tompkins
Transportation Alternatives Program (TAP) Coordinator
502-782-4737 Direct Line
Office of Local Programs
OLP-TAP Webpage
Include the project Item#, if awarded project, in the subject line of all emails.
From: Stansel, Rick L (KYTC) <Rick.Stansel@ky.gov>
Sent: Wednesday, March 4, 2020 2:36 PM
To: Tompkins, Kimberly J (KYTC) <Kimberly.Tompkins@ky.gov>
Bidder Total Base Bid Alt #1 Alt #2
Total Bid with
Alternate(s)
Prequal?
Y/N
Jim Smith Contracting $479,350.50
$10,287.00 $135,008.00 $624,645.50 Y
Youngblood Excavating & Contr. $491,814.00
$11,8713.00 $155,398.00 $648,083.00 Y
Engineer’s Estimate $491,220.99
$11,354.00 $139,886.50 $642,461.49
Cc: Jones, Michael R (KYTC) <MichaelR.Jones2@ky.gov>
Subject: City of Paducah - greenway Trail Phase 5 Item No. 01-3201
There were (2) two bids submitted on the subject project. The bids are as follows:
The project will be awarded only on the Total Base Bid of $479,350.50
Jim Smith Contracting’s bid is (-) $11,870.49 or (-) 2.4% below the Engineer’s Estimate.
There is a 5% DBE goal establish for the project
The project was advertised in the Paducah Sun for 23 days.
Jim Smith Contracting will utilize James Sanders Nursery a KYTC Certified and Prequalified DBE. Sanders Nursery
will perform the work items, Tree Protection Zone Fencing & Signage, Shade Trees, Seeding and Protection,
Excavate/Prep Planting Beds, Shrubs, Perennials/Glasses/Groundcover, Shredded Hardwood Mulch and Landscape
Bed Edging for total of $58,007.50 or 12.1% DBE participation.
Based on Jim Smith Contracting’s bid being (-)$11,870.49 or 2.4% below the Engineer’s Estimate and the contractor
meeting and exceeding the DBE goal of 5% with 12.1% DBE participation, it is recommended that a Notice to
Proceed to Award be issued to the City of Paducah to award the subject project in the amount of $479,350.50 to
the low bidder Jim Smith Contracting.
If you have any questions, please advise.
Thank you,
Rick Stansel
KYTC Program Management
502-782-4739
paducahsun.com The Paducah Sun • Sunday, February 2, 2020 • 7C
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LEGALS
ORDINANCE NO. 2020-_____-________
AN ORDINANCE ACCEPTING THE BID OF JIM SMITH CONTRACTING,
LLC, IN THE AMOUNT OF $479,350.50 FOR THE GREENWAY TRAIL PHASE V
PROJECT, 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,
LLC, in the amount of $479,350.50, for the Greenway Trail Phase V Project, said bid being in
substantial compliance with bid specifications, and advertisement for bids, as contained in the
bid of Jim Smith Contracting, LLC , of February 25, 2020.
SECTION 2. That the Mayor is hereby authorized to execute a contract with Jim
Smith Contracting, LLC, for the Greenway Trail Phase V Project, authorized in Section 1 above,
according to the specifications, bid proposal and all contract documents heretofore approved and
incorporated in the bid.
SECTION 3. That the Finance Director is hereby authorized and instructed to
transfer $50,000 from the Boyles Estate Trust (PF0049) into the Greenway Trail Phase V Project
Account (PA0111). The expenditure, authorized by Section 1 above, shall be charged to the
Greenway Trail Phase V Project Account.
SECTION 4. 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:
_______________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, March 31, 2020
Adopted by the Board of Commissioners, _______________________
Recorded by Lindsay Parish, City Clerk, ______________________
Published by The Paducah Sun, __________________________
\ord\eng\agree- Jim Smith Contracting Greenway Trail Phase V
Agenda Action Form
Paducah City Commission
Meeting Date: April 14, 2020
Short Title: Approval of a Professional Services Contract with BFW Engineering & Testing, Inc. in the
amount of $250,000 for the Environmental Assessment Services for the Paducah Riverfront Infrastructure
Improvement Project (BUILD Grant) - R MURPHY
Category: Ordinance
Staff Work By: Ty Wilson, Melanie Townsend
Presentation By: Rick Murphy
Background Information: In 2019, the City of Paducah was awarded the Better Utilizing Investments To
Leverage Development (BUILD) Grant in the amount of $10.4 million. The City has a required match of $1.1
million. This grant is for the Paducah Riverfront Infrastructure Improvement Project, which includes: an
excursion pier and plaza, transient dock landing improvements, and four intersection improvements and a
multi-use pathway.
In order to execute a grant contract with MARAD (Maritime Administration), the City of Paducah must
complete an Environmental Assessment to fulfill the National Environmental Protection Act (NEPA)
requirements.
On February 2, 2020, a Request for Qualifications was released and the City received bids through February
25, 2020. After reviewing the statement of qualifications, and given the firm's and subcontractors' experience
in the project area, BFW Engineering & Testing, Inc. was selected and was sent a request for a formal fee
proposal. A fee proposal in the amount of $250,000 was received on March 16th. The proposal is broken out
by category: NEPA Document Preparation, Grant Compliance, Permitting, Biological/Ecological Resources,
Cultural Resources, Socioeconomic, Noise, Public Communications, Traffic, and Utilities. Subcontractors
included in the proposal are HDR Engineering, Redwing Environmental and Corn Island Archaeology.
This portion of the project is not covered by the grant funding and is not included in the City's match
requirement. The expenses associated with the Environmental Assessment will be covered by the funds from
the BUILD Grant Project account.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: Authorize and direct the Mayor to sign a professional services contract with BFW
Engineering & Testing, Inc. in the amount of $250,000 for environmental services for the Paducah Riverfront
Infrastructure Improvement Project (BUILD Grant).
Attachments:
1.agree- BFW Environmental Assessment BUILD Grant
2.PaducahRiverfrontInfrastructureImprovement-FeeProposal-2020-03-16-FINAL 2
3.BUILD_EA_RFP Letter 2
ORDINANCE NO. 2020-_____-________
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH BFW ENGINEERING &
TESTING, INC. IN THE AMOUNT OF $250,000 FOR ENVIRONMENTAL SERVICES FOR
THE PADUCAH RIVERFRONT INFRASTRUCTURE IMPROVEMENT PROJECT (BUILD
GRANT)
WHEREAS, in 2019, the City of Paducah was awarded the Better Utilizing
Investments To Leverage Development (BUILD) Grant in the amount of $10.4 million for
construction of an excursion pier and plaza, transient dock landing improvements, and four
intersection improvements and a multi-use pathway; and
WHEREAS, in order to execute a grant contract with MARAD (Maritime
Administration), the City of Paducah must complete an Environmental Assessment to fulfill the
National Environmental Protection Act (NEPA) requirements; and
WHEREAS, on February 2, 2020, a Request for Qualifications was released and
the City received bids through February 25, 2020; and
WHEREAS, BFW Engineering & Testing, Inc. was selected and offered a fee
proposal in the amount of $250,000.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah authorizes the Mayor to execute a
professional services contract with BFW Engineering & Testing in the amount of $250,000, for
environmental services for the Paducah Riverfront Infrastructure Improvement Project (BUILD
Grant).
SECTION 2. 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:
_______________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, March 31, 2020
Adopted by the Board of Commissioners, _______________________
Recorded by Lindsay Parish, City Clerk, ______________________
Published by The Paducah Sun, __________________________
\ord\eng\agree- BFW Environmental Assessment BUILD Grant
Agenda Action Form
Paducah City Commission
Meeting Date: April 14, 2020
Short Title: Zone Change three lots located at 1128 & 1140 Broadway and 1143 Kentucky Ave from B-3
General Business Zone to M-2 Heavy Industrial Zone -T TRACY
Category: Ordinance
Staff Work By: Josh Sommer
Presentation By: Tammara Tracy
Background Information: Paducah Planning Commission held a public hearing on January 6, 2020,
pertaining to the rezoning of the property 1128 & 1140 Broadway and 1143 Kentucky Avenue from the B-3
(General Business) Zone to the M-2 (Heavy Industrial) Zone Classification. The Planning Commission
recommended approval subject to the following conditions:
1. The only permitted uses are principal uses in the B-3 Zone and a self-storage facility; and
2. The design of the elevations shall be subject to review and approval of the Zoning Administrator.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approval.
As per KRS 100.211(2)(i) unless a majority of the entire legislative body votes to override the Planning
Commission's recommendation, such recommendation shall become final and effective and if a
recommendation of approval was made by the planning commission, the ordinance of the legislative body
adopting the zoning map amendment shall be deemed to have passed by operation of law.
Attachments:
1.Staff Report ZON2019-245
2.Ordinance ZON2019-245 1128 Kentucky
STAFF REPORT
PADUCAH PLANNING COMMISSION
ZON
APPLICATION I NFORMATION
GENERAL SITE I NFORMATION
CURRENT ZONING B-3 General Business Zone
CURRENT LAND USE Commercial building, vacant and abandoned commercial
COMPREHENSIVE PLAN Commercial
CURRENT IMPROVEMENTS Brick commercial building, vacant and metal commercial structure
FLOODPLAIN No
PUBLIC UTILITIES Power, gas, water
PUBLIC SERVICES Storm sewer, Paducah Fire, Paducah Police
SURROUNDING AREA I NFORMATION
SURROUNDING ZONING SURROUNDING LAND USE
NORTH B-3 Broadway/ Office building
SOUTH M-2 Kentucky Avenue/ Industrial use
EAST B-3 Office building
WEST B-3 Automotive-related commercial
ADDRESS 1128 & 1140 Broadway and 1143
Kentucky Avenue
CASE NO. ZON2019-243
OWNER Steve & Jill Durham
APPLICANT Same
AGENT Siteworx Survey & Design, LLC
REQUEST Zone change from B-3 to M-2 Heavy
Industrial
General Vicinity Map
Zoning Base Map Comprehensive Plan Map
STAFF REPORT (continued) page 2 of 8
Vicinity Map
Land Use Intensity Map
STAFF REPORT (continued) page 3 of 8
HISTORY
A rezoning petition for 1140 Broadway was brought before the Planning Commission on August
20, 2018. There was much discussion about how to make the property touch the M-2 Zone across
Kentucky Avenue. The obtainment of 1143 Kentucky Avenue was mentioned as an option.
However, the Petitioners were cautioned that the rezoning still may not be approved by the City
Commission. The Petitioners decided to withdraw the application until another piece of
property (either 1143 Kentucky Avenue and/or 1128 Broadway) could be included as part of the
application. A new petition was tabled at the November 4, 2019 meeting in order for more
information to be gathered regarding the proposed site plan. The Petitioners would like to
submit a third petition that includes 1128 Broadway and 1143 Kentucky Avenue in the rezoning
request.
CONSIDERATIONS
The Petitioner requests to rezone three lots (3.23 acres) from B-3 General Business Zone to M-2
Heavy Industrial Zone to construct a climate-controlled storage building on two of the lots. The
lots would be combined via waiver of subdivision upon approval of the rezoning request.
Storage units are not allowed by right in the B-3 Zone, but are permitted in the M-1 and M-2
Zones.
The Future Land Use Map, adopted as part of the Comprehensive Plan, recommends that this
site, and the area around it, to remain commercial. Since the proposed request for industrial
zoning is contrary to the Comprehensive Plan’s Land Use recommendation, KRS 100.213 would
apply.
STATUTORY REQUIREMENTS KRS 100.213
“Before any map amendment is granted, the planning commission or the legislative body or
fiscal court must find that the map amendment is in agreement with the adopted comprehensive
plan, or, in the absence of such a finding, that one or more of the following apply and such
finding shall be recorded in the minutes and records of the Planning Commission or the
legislative body or fiscal court:
(a) That the existing zoning classification given to the property is inappropriate and that
the proposed zoning classification is appropriate;
(b) That there have been major changes of an economic, physical or social nature within
the area involved which were not anticipated in the adopted comprehensive plan and
which have substantially altered the basic character of such area. “
M AJOR UNANTICIPATED ECONOMIC, PHYSICAL OR SOCIAL CHANGES
The site is located on Broadway and Kentucky Avenue – in the heart of Paducah. There is
arguably not a more recognized address; Broadway is a central factor in Paducah’s identity as
is Kentucky Avenue to a lesser extent.
STAFF REPORT (continued) page 4 of 8
The development pattern to the east and west of the site is typified by buildings close to the
street with a high portion of the lot covered by building. The land uses are primarily consumer
service-oriented in this area. The redevelopment occurring only reaffirms this pattern. The
festivals & parades that march down Broadway each year do so to embrace the heart of our
community.
There has not been any major change of an economic, physical or social nature that has
substantially altered the basic character of the area in an unanticipated way. In fact, the intrusion
of an industrial use between these prominent corridors would actually be th e unanticipated
major change.
Therefore, the remaining question before the Planning Commission is if the B -3 zoning
classification is inappropriate and the M-2 zoning classification is appropriate.
APPROPRIATE VS. I NAPPROPRIATE CLASSIFICATIONS
When looking down Broadway toward the river, the historic downtown core is easily visible.
Churches and commercial businesses surround the immediate vicinity. The dominant
development pattern is close to the street with extensive lot coverage. The proximity of
businesses is safe and desirable because commercial uses have a relatively low level of risk of
crime, hence the reduced setbacks; and function best when clustered together.
In contrast, heavy industrial uses bring the most risk and the highest severity of pro blems, such
as hazardous or explosive materials, pollutants, processes that generate noxious noises, odors,
and contaminants. Storage facilities can be utilized to store a variety of noxious materials. These
risks as well as increased truck traffic are the reason industrial districts have large setbacks – to
absorb the impact when accidents happen. Within the last few years, two manufacturing
facilities in Paducah have suffered explosions. Single-family residences are located within 300
feet of this site.
Since the Comprehensive Plan is a forward-looking document, it is important to focus on what
a rezoning may produce in the future. If the site is sold years later, it would still be zoned M -2
and any number of manufacturing uses, even very dangerous and noxious uses such as a
salvage yard, may locate there. This would be highly detrimental to the surrounding area.
While the future is fluid pertaining to a specific piece of property, we can plan for the highest
and best outcome through the application of zoning principles.
Based on the above, staff concludes that the existing B-3 zoning is appropriate and that M-2
zoning would be inappropriate. Protecting property values and mitigating potential noxious
uses are fundamental goals that planning and zoning are intended to achieve.
SPOT ZONING
Kentucky courts have generally not upheld “spot zoning” cases. This case was the first time
Hannan Plaza was considered for a rezoning from R-1 to B-1 in 1957. The rezoning pertained
STAFF REPORT (continued) page 5 of 8
only to the Hannan Plaza parcel and was struck down by the Court of Appeals (Mathis v. Hannan
306 S.W.2d 278 (1957)). In this decision, the Court of Appeals stated the following, which also
includes findings from another case:
"What is known as `spot zoning' is generally frowned upon by the courts. While the City Council has
broad powers in respect to zoning, it is without authority to single out one lot in an amendatory ordinance
and arbitrarily remove therefrom restrictions imposed upon the remaining portions of the same zoning
district. There must be reasonable ground or basis for the discrimination. It is only where zoning
ordinances are related in some way to the health, safety, morals and general welfare that they are valid.
Selligman v. Von Allmen Bros., 297 Ky. 121, 179 S.W.2d 207."
While the proposed rezoning is adjacent to an M-2 Zone across Kentucky Avenue, this may still
be considered “spot zoning”. Approximately 140,947.06 square feet (3.23 acres) is being
proposed to be rezoned that would form an intrusion into the B-3 Zone. The B-3 Zone would
be present on the north, east and west sides of the property. In contrast, the M -2 Zone on the
south side of Kentucky Avenue covers 540.57 acres. The three lots in question are proposed to
be rezoned for a specific use on two of those lots and to increase the proposed rezoned area to
form a more geometric area.
SITE DESIGN
One climate-controlled storage building is being proposed. The building is proposed to be
accessed off both Broadway and Kentucky Avenue.
If the site were rezoned to the M-2 district as requested, the proposed development would not
meet minimum standards. This fact further indicates that the M-2 district is inappropriate here.
The Petitioner is requesting a side variance of 8.5 feet on the east side of the lot and a side yard
variance of 13.5’ on the west side of the lot to allow the building to be constructed 16.5’ from the
east property line and 11.5’ from the west property line.
This site plan depicts a 100’ X 260’ building. However, the Petitioner’s engineer has advised
staff the building would be constructed at 100’ X 258’ in order to prevent going over 50% of the
maximum lot coverage in the M-2 Zone. The actual size would be shown and reviewed on the
site plan submittal.
EXCERPT FROM THE PADUCAH ZONING ORDINANCE
Section 126-110. Light Industry Zone, M-1.
The following provisions shall apply in the M-1 Light Industry Zone unless otherwise provided
herein:
(1) Principal permitted uses.
a. Any use permitted in the B-3 zone
b. Any industrial, manufacturing, fabrication or processing use which does not emit
objectionable noise, smoke, odor or dust beyond the confines of its property
STAFF REPORT (continued) page 6 of 8
c. Warehouses & storage buildings
d. Public and commercial sewage disposal plant
e. Any other use which, in the Commission's opinion, would be compatible in the B-3 zone.
(2) Conditionally permitted uses. The following uses are special exceptions and require written
approval of the Board of Adjustment.
a. Any other industrial use determined to be of the same general character as the above
permitted uses.
b. Animal hospital or kennel, located not closer than 300 feet to an R zone.
c. Heliports
(3) Minimum yard requirements.
a. Permitted uses having a total plan floor area of 10,000 square feet or less:
1. Front yard: 25 feet, except for highway strip uses for which a 50-foot front yard is
required.
2. Side yard: Ten feet.
3. Rear yard: None, except where abutted by a residential zone, in which case a rear
yard of 25 feet.
4. No storage of materials or equipment shall be allowed in the minimum front yard.
b. Permitted uses with a total plan floor area of more than 10,000 square feet:
1. Front yard: 50 feet.
2. Side yard: 25 feet.
3. Rear yard: None, except where abutted by a residential zone, in which case a rear
yard of 25 feet.
(4) Minimum area requirements.
a. Permitted uses having a total plan floor area of 4,000 square feet or less:
1. Minimum lot area: 7,500 square feet.
2. Minimum lot width: 60 feet.
b. Permitted uses with a total plan floor area of more than 4,000 square feet:
1. Minimum lot area: 15,000 square feet.
2. Minimum lot width: 75 feet.
(5) Maximum building height. None.
(6) Parking requirements. See section 126-71.
(7) Maximum lot coverage.
a. Principal structures: 50 percent of gross lot area.
b. Total coverage by principal structures, accessory structures and outside storage: 70
percent of gross lot area.
Section 126-111. Heavy Industrial Zone, M-2.
The following provisions shall apply in the M-2 Heavy Industry Zone unless otherwise provided
herein.
STAFF REPORT (continued) page 7 of 8
(1) Principal permitted uses.
a. Any use permitted in the M-1 zone
b. Animal hospital or kennel
c. Junkyards (solid fence, minimum height of eight feet, enclosing junkyards) in no instance
shall stored materials be visible from any roadway.
d. Any industrial use that is determined to be non-detrimental to the properties immediately
surrounding the use.
(2) Minimum yard requirements. Same as section 126-110 (3).
(3) Minimum area requirements. Same as section 126-110 (4).
(4) Maximum building height. None.
(5) Parking requirements. See section 126-71.
(6) Maximum lot coverage. Same as section 126-110 (7).
STAFF RECOMMENDATION
It is staff’s opinion that neither statutory finding can be met for a zone change; therefore, staff
strongly recommends denial of the application and offers the following motion:
I move that the Planning Commission recommend to the City Commission that case ZON2019-245
pertaining to 1128 & 1140 Broadway and 1143 Kentucky Avenue not be rezoned to the M-2 zoning
classification.
I further move that the following findings of fact be adopted:
• The proposed M-2 Zone is not in compliance with the City of Paducah Comprehensive Plan.
• There have not been major changes of an economic, physical or social nature within the area
involved which were not anticipated in the adopted comprehensive plan and which have
substantially altered the basic character of the area.
• The B-3 Zoning designation is appropriate because it mimics the existing development pattern
which is walkable, desirable and supportive of commercial development.
• The proposed M-2 Zoning is inappropriate because it allows many more dangerous and risky
uses without any protective measures.
• The M-2 Zoning for just these parcels could be considered spot zoning, which is not typically
supported by the Kentucky courts as demonstrated in Mathis V. Hannan.
• The rezoning of this parcel would allow noxious uses in the future that could lead to
detrimental views along Broadway & Kentucky Avenue, increase the probability of
contaminants, hazardous materials & dangerous processes and decrease the likelihood of
commercial reinvestment in the surrounding area.
However, in the event the Planning Commission would like to forward a positive
recommendation to the City Commission, the following motion may be used:
STAFF REPORT (continued) page 8 of 8
I move that the Planning Commission recommend to the City Commission that case ZON2019-245
pertaining to 1128 & 1140 Broadway and 1143 Kentucky Avenue be rezoned to the M-2 zoning
classification.
I further move that side yard variances of 8.5’ on the east side of the lot and 13.5’ on the west side of the
lot be granted in accordance with Section 126-176 (e) of the Paducah Zoning Ordinance.
I further move that the following conditions be attached to this recommendation:
A. The only uses permitted are principal uses in the B-3 Zone and a self-storage facility;
B. The design of the elevations shall be subject to the Zoning Administrator’s approval.
Looking southwest into the site
Looking southeast into the site
Looking northeast into the site
Looking northwest into the site
REZONING ORD - 1 -
ORDINANCE NO. 2020 -___-______
AN ORDINANCE APPROVING THE RECOMMENDATION OF THE PADUCAH
PLANNING COMMISSION AND AMENDING THE PADUCAH ZONING MAP FOR PROPERTY
LOCATED AT 1128 & 1140 BROADWAY AND 1143 KENTUCKY AVENUE FROM THE B-3
(GENERAL BUSINESS) ZONE TO THE M-2 (HEAVY INDUSTRIAL) ZONE CLASSIFICATION.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. At a public hearing held on January 6, 2020, the Paducah Planning Commission
forwarded a favorable recommendation to the Board of Commissioners that case ZON2019-245
pertaining to 1128 & 1140 Broadway and 1143 Kentucky Avenue be rezoned from the B-3 General
Business Zone to M-2 Heavy Industrial Zone.
SECTION 2. The Paducah Planning Commission attached conditions to the forwarded
recommendation, being that:
A. The only permitted uses are principal uses in the B-3 Zone and a self-storage facility; and
B. The design of the elevations shall be subject to review and approval of the Zoning
Administrator.
SECTION 3. That the zone classification of the following described property be changed from
B-3 General Business Zone to M-2 Heavy Industrial Zone:
Beginning at a point, said point being in the south Right-of-Way of Broadway and the common
property line of the Steve & Jill Durham and Auto Upholstery Shop, Inc. properties;
Thence with the Right-Of-Way of Broadway North 65 Degrees One Minute 24 seconds East for
a distance of 393’ feet to a point, said point being the common property line of the Steve & Jill
Durham and Peteybo Properties, LLC, properties;
Thence with the common line of the Peteybo Properties, LLC, property South 25 Degrees 2
Minutes 27 seconds East for a distance of 111.39’ to a point;
Thence continuing with the Peteybo Properties, LLC line South 5 Degrees 23 Minutes 39
Seconds West for a distance of 313.28’ to a point, said point being the centerline of Kentucky
Avenue;
Thence with the centerline of Kentucky Avenue South 64 Degrees 57 Minutes 33 Seconds West
for a distance of 217.90’ to a point,
Thence in a northerly direction a distance of 33’ to a point, said point being the north Right-of-
Way of Kentucky Avenue, the east line of a 15’ public alley and the west line of the Steve & Jill
Durham property;
Thence with the 15’ alley the next four calls in a northerly direction:
North 25 Degrees 2 Minutes 27 Seconds West for a distance of 185 feet;
North 64 Degrees 57 Minutes 33 Seconds E for a distance of 4.96 feet;
North 25 Degrees 2 Minutes 27 Seconds West for a distance of 15 feet;
South 64 Degrees 57 Minutes 33 Seconds West for a distance of 40 feet;
REZONING ORD - 2 -
Thence leaving the north Right-of-Way line with the alley and with the common property line of
the Steve & Jill Durham and Auto Upholstery Shop, Inc., properties North 25 Degrees 2 Minutes
27 Seconds W est for a distance of 150.05’ to the Point of Beginning.
The above described Tract contains 2.62 acres.
SECTION 4. That if any section, paragraph or provision of this ordinance shall be found to be
inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such sec tion, paragraph
or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and
intent of this ordinance to make each and every section, paragraph and provision hereof separable from
all other sections, paragraphs and provisions.
SECTION 5. This ordinance shall be read on two separate days and will become effective upon
summary publication pursuant to KRS Chapter 424.
________________________________
Mayor
ATTEST:
__________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners on
Adopted by the Board of Commissioners on
Recorded by City Clerk on
Published by the Paducah Sun on
R:\Planning\40 Land Use\Boards\PC -- URCDA\Open Cases\ZON2019-245 1128 & 1140 Broadway and 1143 Kentucky
Avenue\Ordinance ZON2019-245 1128 Kentucky.docx
Agenda Action Form
Paducah City Commission
Meeting Date: April 14, 2020
Short Title: Fiscal Year-End Business License Due Date Clarification - J PERKINS
Category: Ordinance
Staff Work By: Stacee Young, Jonathan Perkins
Presentation By: Jonathan Perkins
Background Information: In order to clarify the due date for fiscal year-end (non-calendar year-end)
business license filers, it is necessary to change Section 106-65 by striking the word 'may' and inserting
'shall'. The intention of this change is to make the meaning of the Section clearer and less ambiguous. There
were several grammatical errors in the Section also corrected.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name:
Account Number:
Staff Recommendation: Staff strongly recommends the proposed clarification changes for Section 106-65.
Attachments:
1.106-65 – Due Date Clarification
ORDINANCE NO. 2020-______-________
AN ORDINANCE AMENDING CHAPTER 106
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH
WHEREAS, the Kentucky Revised Statutes authorize the collection of license taxes; and
WHEREAS, in order to clarify the due date for fiscal year-end (non-calendar year-end)
business license filers and correct grammatical errors, it is necessary to amend Section 106-65 of
the Code of Ordinances of the City of Paducah, Kentucky;
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky hereby amends Chapter 106 of the
Paducah Code of Ordinances by amending the following sections:
Sec. 106-65. – Annual license tax imposed on business entities; filling [filing] of annual
license tax return and business license application; payment of annual license tax; due date for
filing and payment of tax.
(a) Each business entity which conducts business in this city [City] shall be
required to pay an annual license tax based upon its taxable gross receipts which are
realized by the business entity from such business. The amount of the license tax shall be
determined in accordance with this section, and the provisions which are set forth under
division 2 of this article. The annual license tax imposed under this section shall be for
the privilege of doing business in the City, and is utilized as a measure to raise revenue to
help defray the costs incurred by the City in providing municipal services which support,
protect and promote the business of all business entities.
(b) Each business entity shall be required to prepare and file an "Annual
License Tax Application." This return and application shall include the annual license tax
return which is required to be filed under this section, and the annual application for a
business license certificate which is required to be filed under section 106-69.
(c) The business entity shall file the return and application on or before the due
date of April 15 of each calendar year; provided, however, that if the business entity
operates on a fiscal year which is not based on the calendar year, the business entity may
[shall] file the return and application on or before the 15th day of the fourth month
following the close of the business entity's fiscal year. The return and application shall be
filed with the Finance Director.
(d) The return and application shall be made on a form provided by the Finance
Director. Each return and application shall identify the name and address of the business
entity as reflected on the business entity's State tax return, each kind of business which
the business entity conducted in the City in the reporting period, the address of each
location or locations of each business, the gross receipts and taxable gross receipts which
are realized from each business during the reporting period, and the annual license tax
which is due. The business entity shall attach a copy of its Federal tax return, together
with all supporting statements and schedules, to its return and application.
(e) The business entity shall make its return based on the preceding calendar
year period, and shall report all taxable gross receipts realized by the business entity
during such reporting period. Provided, however, that if a business entity makes a Federal
income tax return on a fiscal year basis, the business entity shall make its return based on
its fiscal year period, and shall report all taxable gross receipts realized by the business
entity during such reporting period.
(f) The business entity shall also report the annual license fee which is to be
paid by the business entity. The annual license fee shall be based on the business entity's
taxable gross receipts realized during the reporting period, and shall be computed in
accordance with the classifications and the schedules as set forth under division 2 of this
article. The business entity shall pay the annual license fee to the Finance Director at the
time that the business entity files its return and application. The annual license tax shall
be paid without regard to any extension of time for filing of the return and application.
SECTION 2. Nothing herein shall be construed to invalidate or waive the provisions of
Ordinance No. 2020-03-8623 which extended the 2020 deadline for the filing of the annual
Gross Receipts License Tax (Business License Tax) as outlined in Section 106-61 through 106-
160 of the Code of Ordinances of the City of Paducah, Kentucky, to July 15, 2020, for calendar
year filers. Ordinance No. 2020-03-8623 shall remain in full force and effect.
SECTION 3. The provisions of this Ordinance are declared to be severable. If any
section, phrase or provision shall for any reason be declared invalid, such declaration shall not
affect the validity of the remainder of this Ordinance.
SECTION 4. This Ordinance shall be read on two separate days and become effective
upon summary publication pursuant to KRS Chapter 424.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, April 14, 2020
Adopted by the Board of Commissioners, ____________________
Recorded by the City Clerk, _________________________
Published by The Paducah Sun, _________________________
ord\106-65 – Due Date Clarification
Agenda Action Form
Paducah City Commission
Meeting Date: April 14, 2020
Short Title: Authorize a professional services agreement with Kroll Associates in the amount of $45,000 for
Endpoint IT Protection Services & Threat Monitoring - S CHINO
Category: Ordinance
Staff Work By: Stephen Chino
Presentation By: Stephen Chino
Background Information: This ordinance approves a professional services contract with Kroll Associates
in an amount of $45,000 for endpoint IT Protection including Incident Response, Remediation Services and
Red Canary Managed Threat Detection Services and CarbonBlack Endpoint sensors.
These services will provide endpoint protection for 300 City of Paducah computers and devices at a cost of
$150 per device.
The initial term of the contract will be for one (1) year and will automatically renew for successive one-year
periods unless either Party provides written notice of termination to the other Party no later than thirty (30)
days before the end of the then-current Initial Term or Renewal Term.
A written determination has been made by the City Manager that this constitutes a professional services
purchase and will be a noncompetitive negotiation purchase, pursuant to KRS 45A.380(3).
Further, this ordinance approves a transfer of $45,000 from the Administrative Contingency Account to the
Computer Software Account #10000501522020.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available:Account Name: Computer Software
Administrative Contingency
Account Number: 10000501522020
10000106524500
Staff Recommendation: Approve the ordinance to enter into a professional services agreement with Kroll
Associates and transfer $45,000 from the Administrative Contingency Account to the Computer Software
Account.
Attachments:
1.1 year term City of Paducah Kroll End Point Services statement of work
2.Ordinance
CONFIDENTIAL
Rev. 12/19
STATEMENT OF WORK
FOR
Kroll CyberDetectER® Endpoint powered by Red Canary
This Statement of Work (“SOW”), dated 4/6/20, is entered into pursuant to and incorporates herein by
reference the letter of engagement, entered into as of 2/1/20 (together with this SOW, the “Agreement”), by
and between City of Paducah, Kentucky (“Client”) and Kroll Associates, Inc. on behalf of itself and its
affiliates (“Kroll”) for the Kroll Services described herein. Capitalized terms herein shall have the meaning
ascribed in the letter of engagement or master terms and conditions.
Kroll Services and Red Canary Services are described below and subject to the respective terms and
conditions referenced herein.
A. Description of Kroll Incident Response and Remediation Services (“Kroll Services”)
As part of Kroll CyberDetectER® Endpoint powered by Red Canary service, Kroll will provide the
following Kroll Services to Client:
Description of Kroll Services
Kroll Threat Alert Response and Remediation Support:
Kroll will provide response and remediation support associated with specific Threat Alerts and other
suspicious Endpoint activity reported by Kroll or Red Canary, as requested by Client, including:
Supplemental threat analysis and intelligence
Malware sandboxing and analysis
Configuration and activation of manual and/or automated response and remediation actions
supported within the Portal and/or directly through Endpoint Collection Software (e.g. hash
banning, file deletion, process termination, and endpoint isolation)
Threat Alert correlation and root cause analysis using the Endpoint Collection Software
Remediation guidance
Client understands and accepts that, while not anticipated, any response and remediation actions taken
could cause unforeseen system errors, outages, or data loss.
Kroll Incident Response and Investigation Services
Kroll will provide additional incident response or investigative services, as requested by Client, including:
Emergency and after-hours incident response support
Remote evidence collection and analysis
In-lab forensic imaging and analysis
Malware reverse engineering
Event log collection, analysis and correlation
Custom threat hunting or forensic investigation using the Endpoint Collection Software
Custom analysis and reporting
Kroll Incident Response and Investigation Services and are billed hourly and invoiced separately in
accordance with the terms of this Agreement.
Unless otherwise noted, Kroll Threat Alert Response and Remediation support is available 09:00 to
18:00 EST/EDT, Monday through Friday– excluding US Federal holidays. After-hours Incident
Response and Investigation Services are available on an emergency basis.
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B. Fee Structure and Invoicing
The initial term of this Statement of Work shall be for one (1) year (“Initial Term”) from the date above
(“Effective Date”) and shall automatically renew for successive one-year periods (each a “Renewal Term”),
unless either Party provides written notice of termination to the other Party, and in any case no later than
thirty (30) days before the end of the then-current Initial Term or Renewal Term. Upon receipt of written
notice, the effective date of the Termination shall be then end of the then-current Initial Term or Renewal
Term. From the Effective Date, the Initial Term and any Renewal Term(s) together until termination
hereunder shall be the “Term”.
Invoicing for Managed Threat Detection Services. On behalf of its strategic partner, Red Canary, Kroll shall
invoice Client for Kroll CyberDetectER® Endpoint powered by Red Canary, Red Canary Services, on a
fixed fee basis for a minimum of 300 # of Endpoints Endpoints per year (“End User’s Endpoints”). The cost
per Endpoint per year is $150 per Endpoint. “Endpoint” means any kind of computing device that the
Endpoint Collection software supports and from which it can collect data, and may include by is not limited
to computer workstations, laptops, file and print servers, e-mail servers, Internet gateway devices, storage
area network servers (SANS), and terminal servers.
Kroll shall invoice the Client in full for the annual cost of this service in advance of the Effective Date of the
Initial Term, or up to thirty (30) days prior to the start of any Renewal Term. The Term is not cancellable,
and all payments are non-refundable. Payment is due upon receipt of the invoice.
Endpoint True-ups. In the event that during the Term, the number of Endpoints increases beyond the
minimum listed above, Client will be invoiced for the additional Endpoints on installation of each added
Endpoint, at the price listed above per Endpoint per year. Incremental Endpoints will be billed during the
calendar quarter immediately subsequent to the increase in Endpoints and be pro-rated retroactively from
date of implementation. The Term will be measured from the date of implementation for each added
Endpoint.
Invoicing for Additional Incident Response and Investigation Services.
In accordance with the description of Kroll Services above, during the Term, Kroll may provide Additional
Incident Response and Investigation services to Client. The Professional Fees for this service will be
charged at Kroll’s then-current rates, less a discount of 15%.
Invoicing for Additional Services. In addition to the Kroll CyberDetectER® Endpoint powered by Red
Canary services described above, Client may, at its option, request that Kroll provide additional services,
pursuant to an additional Statement of Work, for an additional cost (“Additional Services”). To the extent
the Client requests Kroll to perform such Additional Services, the Professional Fees for such Additional
Services will be charged at Kroll’s then-current rates, less a discount of 15%. Kroll’s current rates are as
follows:
Consulting Services ........................................................................................................................ $500/hour
Travel Time ..................................................................................................... 50% of Consultant hourly rate
Media Preservation/Replication ................................................................................................... $400/media
Media / Data Storage .......................................................................................................... $25/media/month
For Incident Response and Remediation Support hours, or any other Additional Services, Kroll shall invoice
Client for the services performed on a monthly basis with the fee due and payable within thirty (30) days of
the date of the invoice. In addition to the Professional Fees identified above, additional charges may include
reasonable out-of-pocket expenses incurred in connection with these services.
To the extent any expedited and/or emergency services are requested by Client, including work that must
be performed over a weekend or holiday, or on an overtime basis, Kroll reserves the right to charge for
such expedited services at 1.5 times its normal hourly rates for the applicable services.
CONFIDENTIAL
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To the extent Kroll is requested to provide any written testimony or reports, such additional services will be
provided at Kroll’s standard applicable hourly rates. However, oral testimony at deposition, a hearing or trial
will be provided at 1.5 times such rates.
Accepted and agreed:
City of Paducah, Kentucky
___________________________________
Name:
Title:
Date:
KROLL ASSOCIATES, INC.
___________________________________
Name:
Title:
Date:
[CONTINUE TO NEXT PAGE]
CONFIDENTIAL
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C. Red Canary Managed Threat Detection Services (“Red Canary Services”)
As Kroll’s strategic partner in providing the Kroll CyberDetectER® Endpoint powered by Red Canary
service, Red Canary will be responsible for providing the following Red Canary Services to Client, subject
to Client’s acceptance of, and provided pursuant to, the Red Canary End User Security Platform Agreement
and Statement of Work (“EUSPA”), which terms and conditions are accessible via the applicable link below.
Additionally, Client further accepts and agrees to the terms of the Software End User License Agreement(s)
(“Software EULA”) for the Endpoint Collection Software, which is defined and accessible via the link(s)
listed in the table below.
In connection with the Kroll CyberDetectER® Endpoint powered by Red Canary services, Client
acknowledges and agrees that Client’s acceptance of and agreement to the EUSPA and the
Software EULA as evidenced by Client’s signature below, is required for the provision of the Red
Canary Services by Red Canary.
Description of Red Canary Services
Third Party Services: Red Canary Managed Threat Detection Services, provided by Red Canary for
use by Client and Kroll pursuant to the terms and conditions of the Red Canary End User Security
Platform Agreement and Statement of Work at https://www.redcanary.com/wp-content/uploads/Red-
Canary-Incorporated-Security-Platform-Agreement.pdf.
Includes 24x7x365 Red Canary Threat Alert escalation and Portal access.
Includes Automate features
Threat Alerts: Red Canary will provide, as appropriate, Threat Alerts. “Threat Alerts” means analyst-
vetted alerts on malicious activity detected by Red Canary on Client Endpoints.
Threat Alerts will be sent to Kroll and Client’s technical contacts as configured in the Red Canary
Portal. Where applicable, each Threat Alert includes information describing the background of the threat
related to the particular Alert.
Threat Alerts will contain information that is known to Red Canary about the threat at the time, which
typically includes but is not limited to:
Summary of the detected threat
Name of affected endpoint and user
Artifacts such as file names, Internet Protocol (IP) addresses, domain names and registry keys that
help support both Client remediation efforts and identification of similar threats.
Client Portal: Client and Kroll will be provided with access to the Red Canary portal (“Portal”) through
which Client and Kroll can view data and Threat Alerts.
CONFIDENTIAL
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Client’s Software License (“Software EULA”)
Third Party Software: The Red Canary Services include the provision of endpoint monitoring using
Carbon Black Enterprise Response software (“Endpoint Collection Software”), which is provided to Client
in connection with the Red Canary Services and licensed hereunder for use by Red Canary on behalf of
Client per the terms and conditions of the Carbon Black Response EULA accessible at
https://www.carbonblack.com/license-agreements/cb-response-license-agreement
D. Client Responsibilities
In connection with the Kroll Services and Red Canary Services, Client agrees to be responsible for
performing the following tasks:
1. Installing and maintaining active Endpoint Collection Software on all Client systems to be
monitored.
2. Provide Kroll and Red Canary with continuous access to Client’s instance of the Endpoint Collection
Software to facilitate ongoing monitoring and response activities for the monitored Endpoints.
3. Obtaining all required authorizations to perform the Managed Threat Detection Services and any
data or information required thereby. Client shall obtain consents and authorizes for Kroll and Red
Canary and their employees and agents to gain access to and retrieve Technical Data and analyze
Threat Alerts and to perform the Red Canary Services and the Kroll Services.
4. In the course of accessing, obtaining and otherwise using the Managed Threat Detection Services
and Threat Alerts, Client shall have sole responsibility for the accuracy, quality, integrity, and
authorization for use, and intellectual property ownership or right to use necessary for the
transferability to Red Canary and Kroll of Technical Data.
5. Client will permit Kroll to include anonymized data that Kroll obtains from the monitoring of Client’s
endpoints in Kroll’s proprietary threat intelligence database or feeds, as well as sharing any such
data with its intelligence partners. This data includes binary hashes, binary metadata, and Carbon
Black Response event data such as process hashes, IP addresses, domain names, user context
(System vs. Local, Root, Network Service, etc.) and operating system version identifiers.
Client’s signature below hereby accepts and agrees to the description of Services and Client
Responsibilities above and to the terms and conditions accessible in the links below for the Red
Canary Services and Endpoint Collection Software:
1. the EUSPA: https://www.redcanary.com/wp-content/uploads/Red-Canary-Incorporated-Security-
Platform-Agreement.pdf and
2. the Carbon Black Response EULA: https://www.carbonblack.com/license-agreements/cb-
response-license-agreement
City of Paducah, Kentucky
___________________________________
Name:
Title:
Date:
ORDINANCE NO. 2020-______-________
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH KROLL ASSOCIATES FOR ENDPOINT
I.T. PROTECTION SERVICES & THREAT MONITORING IN THE AMOUNT OF $45,000
FOR THE PADUCAH INFORMATION TECHNOLOGY DEPARTMENT AND
AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER $45,000 FROM THE
ADMINISTRATIVE CONTINGENCY ACCOUNT TO THE COMPUTER SOFTWARE
ACCOUNT AS FUNDING FOR THE PROFESSIONAL SERVICES AGREEMENT
WHEREAS, a written determination has been made by the City Manager that this
constitutes a professional services purchase and will be a noncompetitive negotiation purchase,
pursuant to KRS 45A.380(3).
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute a
professional services agreement with Kroll Associates in an amount of $45,000 for Endpoint I.T.
Protection Services & Threat Monitoring. These services will provide endpoint protection for
300 City of Paducah computers and devices at a cost of $150 per device. The initial term of the
contract will be for one (1) year and will automatically renew for successive one-year periods
unless either Party provides written notice of termination to the other Party no later than thirty
(30) days before the end of the then-current Initial Term or Renewal Term.
SECTION 2. That the Finance Director is hereby authorized and instructed to
transfer $45,000 from the Administrative Contingency Account No. 10000106524500 into the
Computer Software Account No. 10000501522020. The expenditure, authorized by Section 1
above, shall be charged to the Computer Software Account No. 10000501522020.
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:
_______________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, April 14, 2020
Adopted by the Board of Commissioners, ______________________
Recorded by Lindsay Parish, City Clerk, _______________________
Published by The Paducah Sun, _______________________
\ord\agree & transfer – Kroll Associates IT Endpoint Protection