HomeMy WebLinkAboutAgenda Packet 06-14-2022CITY COMMISSION MEETING
AGENDA FOR JUNE 14, 2022
5:00 PM
PADUCAH CITY HALL
300 SOUTH 5TH STREET
PADUCAH, KY 42003
Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public
Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission
Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
NEW EMPLOYEE INTRODUCTIONS Eric Stuber - Chief Technology Director
PRESENTATION Joint Sewer Agency Update - John Hodges, Executive Director
MAYOR'S REMARKS
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 May 24, 2022
B.Receive & File Documents
C.Reappointment of Susan Carr to the Paducah-McCracken County Joint
Sewer Agency
D.Reappointment of Thomas M. Whittemore and Kiesha Curry to the
Paducah Area Transit System Board
E.Appointment of Edward Box to the Civil Service Commission
F.Personnel Actions
G.Contract with Systems Solutions for security camera system
repair/upgrade and security access control for the Police Department
$50,283.70 - B LAIRD
H.Acceptance of 2021 Ky Office of Homeland Security Grant Award in
the amount of $93,900 - B LAIRD
I.Approval to Purchase a SCANNA MSC Inc. for ScanSilc Portable X-
ray Unit and Accessories for $93,864 - B LAIRD
J.Tyler Technologies Annual Software Maintenance Agreement in the
amount of $79,789.05 - B LAIRD
K.Fleet Maintenance Service Agreement between the City of Paducah
Fleet Division and the Smithland Fire Department - C YARBER
L.Purchase of Rollout Containers, Lids & Replacement Parts from Toter,
Inc. - C YARBER
M.Acceptance of Kentucky Department of Environmental Protection
Crumb Rubber Grant Award in the amount of $22,000 - A CLARK
N.Approve the updated Job Grade Schedule for Fiscal Year 2023 - S
WILCOX
O.Approve the Position and Pay Schedule for Fiscal Year 2023 - S
WILCOX
II. MUNICIPAL ORDERS
A.Approve Contract between City of Paducah and Paducah Convention &
Visitors Bureau in the amount of $25,000 for the Spring 2022 Quilt
Show - D JORDAN
III. ORDINANCE(S) - ADOPTION
A.Paducah Riverfront Hotel (Holiday Inn) Industrial Building Revenue
Bond Series 2015 Interest Rate Reset - Phil Little, McMurry &
Livingston, PLLC
B.Approval of Contract Modification #1 for Increase of Scope in
Professional Services Contract with HDR, Inc for Dredging Project in
the Amount of $86,200.00 - R MURPHY
C.Approve Interlocal Cooperation Agreement with the City of Mayfield
for Building Inspection Services - S KYLE
D.FY2023 Budget Ordinance - D JORDAN & J PERKINS
IV. ORDINANCE(S) - INTRODUCTION
A.Zoning Text Amendments - J SOMMER
B.Consensual Annexation of 5345 Hinkleville Road - J SOMMER
V. DISCUSSION
A.Commission Priorities Update - M SMOLEN
VI. COMMENTS
A.Comments from the City Manager
B.Comments from the Board of Commissioners
C.Comments from the Audience
VII. EXECUTIVE SESSION
May 24, 2022
At a Special Called Meeting of the Paducah Board of Commissioners held on Tuesday, May 24,
2022, at 5:00 p.m., at the Paducah Recreation Center, located at 1527 Martin Luther King Jr. Drive,
Paducah, Kentucky, Mayor George Bray presided. Upon call of the roll by the City Clerk, the
following answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor
Bray (5).
INVOCATION
Commissioner Guess led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
MAYOR ’S REMARKS
Communications Manager, Pam Spencer, provided the following summary:
“Mayor Bray reiterated the importance of the work underway by the 911
Communication Oversight Committee and the sense of urgency in addressing the
issue of the radio infrastructure that has reached its end of life along with the
determination of a funding structure. The Committee has been meeting since
January.”
CONSENT AGENDA
Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate
consideration. Mayor Bray asked the City Clerk to read the items on the Consent Agenda.
I(A) Approve Minutes for May 10, 2022, Paducah Board of Commissioners Meeting
I(B) RECEIVE AND FILE DOCUMENTS:
Contract File:
1. Change Order #1 – Jim Smith Contracting – Flap Gate Replacement Project
ORD 2022-04-8731
2. Fleet Maintenance Agreement between City of Paducah and Burna Fire District –
MO #2570
3. Fleet Maintenance Agreement between City of Paducah and Graves County Fiscal Court
(Mayfield-Graves County Ambulance Service) MO #2571
4. Amendment 9 – Federal Engineering – 911 Upgrade Project – MO #2572
5. Real Estate Purchase Agreement between City of Paducah and Cathy Priest –
3181 Jackson Street – MO #2574
6. Consent and Release – Deborah Alston Edmonds and Eddie Edmonds – 5630 Buckner
Lane (Signed by Melanie Townsend)
Financials File:
1. March Investment Summary – City of Paducah
2. Major Funds Summaries of Revenues and Expenditures – City of Paducah – Period
ending February 28, 2022
Bids File:
1. South 25th Street Improvement Project
a. Central Paving Co. of Paducah (winning bid)
b. Jim Smith Contracting
I(C) Personnel Actions
May 24, 2022
I(D) A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE U.S.
DEPARTMENT OF JUSTICE FOR A 2021 U.S. BULLETPROOF VEST PARTNERSHIP
GRANT AWARD IN AN AMOUNT OF $8,098.38 FOR THE PURCHASE OF BODY ARMOR
VESTS FOR USE BY THE PADUCAH POLICE DEPARTMENT AND AUTHORIZING THE
MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2575; BK 12)
I(E) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT
APPLICATION AND ALL DOCUMENTS NECESSARY FOR A 2022 KENTUCKY OFFICE
OF HOMELAND SECURITY GRANT IN THE AMOUNT OF $862,000, TO ENABLE
THE PADUCAH POLICE DEPARTMENT TO PURCHASE A MOBILE COMMAND
VEHICLE (MO #2576; BK 12)
I(F) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A GRANT
APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE U. S.
DEPARTMENT OF HOMELAND SECURITY FOR A FY2022 PORT SECURITY GRANT IN
THE AMOUNT OF $34,577 FOR THE PADUCAH POLICE DEPARTMENT TO
UPDATE/REPLACE RIVERFRONT CAMERAS (MO #2577; BK 12)
I(G) A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR AN EPA
BROWNFIELDS ASSESSMENT GRANT IN AN AMOUNT OF $500,000 TO
SUPPORT ENVIRONMENTAL PLANNING AND ASSESSMENTS OF TARGETED
BROWNFIELD SITES IN AND AROUND THE CITY'S RIVERFRONT, GATEWAY,
AND SOUTHSIDE CORRIDORS (MO #2578; BK 12)
I(H) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS
NECESSARY TO APPLY FOR A LAND AND WATER CONSERVATION GRANT IN THE
AMOUNT OF $100,000 THROUGH THE KENTUCKY DEPARTMENT OF LOCAL
GOVERNMENT, TO REPLACE PLAYGROUND EQUIPMENT AT KEILER PARK AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME
(MO #2579; BK 12)
Commissioner Gault offered Motion, seconded by Commissioner Guess that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
MUNICIPAL ORDERS
APPROVE PROGRAMATTIC AGREEMENT BETWEEN MARAD, KY STATE
HISTORIC PRESERVATION OFFICE, OSAGE NATION, USACE, AND THE CITY OF
PADUCAH – BUILD GRANT
Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING THE
MAYOR TO EXECUTE A PROGRAMMATIC AGREEMENT BETWEEN THE U.S.
DEPARTMENT OF TRANPORTATION MARITIME ADMINISTRATION (MARAD), U.S.
ARMY CORPS OF ENGINEERS (USACE), KY-STATE HISTORIC PRESERVATION OFFICE
(KY-SHPO), THE OSAGE NATION, AND THE CITY OF PADUCAH, KENTUCKY, FOR
HISTORIC PRESERVATION PURPOSES RELATED TO THE BETTER UTILIZING
INVESTMENTS TO LEVERAGE DEVELOPMENT (BUILD) GRANT”
May 24, 2022
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (MO #2580; BK 12)
APPROVE WORKER SUPPLY AGREEMENT WITH WISE STAFFING
Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER APPROVING A
WORKER SUPPLY AGREEMENT WITH WISE STAFFING GROUP FOR SEASONAL AND
TEMPORARY STAFFING ASSISTANCE IN A PERCENTAGE NOT-TO-EXCEED 33% OF THE
PAY RATE AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED
TO SAME.”
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (MO #2581; BK 12)
APPROVE EMPLOYMENT AGREEMENT – ERIC STUBER – CHIEF
TECHNOLOGY DIRECTOR
Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER APPROVING AN
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND ERIC STUBER
FOR EMPLOYMENT AS CHIEF TECHNOLOGY DIRECTOR, AND AUTHORIZING THE
MAYOR TO EXECUTE SAME.”
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (MO #2582; BK 12)
ORDINANCE ADOPTIONS
CONSENSUAL ANNEXATION OF 5470 OLD HIGHWAY 60
Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Commission
introduce an Ordinance entitled, “AN ORDINANCE EXTENDING THE BOUNDARY OF THE
CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING
ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING
ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE
SAID CORPORATE LIMITS.” This Ordinance is summarized as follows: The City of Paducah
hereby approves the consensual annexation of certain tracts of property contiguous to the present city
limits, located at 5470 Old Highway 60, containing approximately .52 acres of land.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (ORD 2022-05-8735; BK 36)
APPROVAL OF CONTRACT FOR SOUTH 25TH STREET IMPROVEMENT
PROJECT WITH CENTRAL PAVING IN THE AMOUNT OF $1,878,792.30
Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Commission
introduce an Ordinance entitled, “AN ORDINANCE ACCEPTING THE BID OF CENTRAL
PAVING COMPANY IN THE AMOUNT OF $1,878,792.30 FOR PAVEMENT
May 24, 2022
RECONSTRUCTION, CONSTRUCTION OF A STORM SEWER SYSTEM, AND WATER
LINE RELOCATION FOR THE SOUTH 25TH STREET IMPROVEMENT PROJECT,
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME, AND
AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER $1.4 MILLION FROM THE
ARPA PROJECT FUND INTO THE SOUTH 25TH STREET PROJECT ACCOUNT.” This
Ordinance is summarized as follows: The Mayor is hereby authorized to execute a Contract with
Central Paving Company in the amount of $1,878,792.30, for pavement reconstruction, storm sewer
system construction, and water line relocation for the South 25th Street Project. Further, the Finance
Director is hereby authorized and instructed to transfer $1.4 Million from the ARPA Project Fund
into the South 25th Street Project Account (ST0040) for said expenditure.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). (ORD 2022-05-8736; BK 36)
ORDINANCE INTRODUCTIONS
REPEAL AND REPLACE CHAPTER 108 “TELECOMMUNICATION” OF THE
CODE OF ORDINANCES
Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners introduce an Ordinance entitled, “AN ORDINANCE REPEALING AND
REPLACING CHAPTER 108 “TELECOMMUNICATIONS”, OF THE CODE OF ORDINANCES
OF THE CITY OF PADUCAH, KENTUCKY.” This Ordinance is summarized as follows: This
ordinance repeals and replaces Chapter 108 “Telecommunications” of the Code of Ordinances of the
City of Paducah in its entirety. The purpose of this ordinance is to establish local policy, guidelines,
standards, and time frames with respect to the regulation of telecommunications providers and to
promote competition in telecommunications. Additionally, this ordinance allows the City of
Paducah to permit and manage reasonable access to Rights-of-ways of the City for
telecommunication purposes and conserve the limited physical capacity of Rights-of-way held in
public trust by the City. This ordinance creates a non-exclusive franchise allowing
telecommunications providers to bid for the right to construct, erect, operate, and maintain upon,
through, along, under and over the Rights-of-way of the City of Paducah a Telecommunications
System. This ordinance requires fair and reasonable compensation to the City and the residents of
the City for permitting private use of the Rights-of-way including an application fee in a non-
refundable amount of five thousand dollars ($5,000) and franchise fee payments as set out herein.
As required by KRS 83A.060, the following sections of the Ordinance are set forth and shall be
published in their entirety:
108-30(p) “Minimum Annual Franchise Fee” means fifteen thousand dollars ($15,000) in the first
year of the Grantee’s franchise and shall increase by one thousand dollars ($1,000.00) annually.
108-31(a) Applications shall be accompanied by a non-refundable Application fee of five thousand
dollars ($5,000.00) payable to the City. Said Application fee shall not be considered Franchise Fee
payments.
108-47 Compensation
(a) The Franchise fee imposed under this Ordinance is not in lieu of any tax, fee or other
assessment except as specifically provided in this Ordinance, or as required by applicable law.
By way of example, and not limitation, permit fees and business license taxes are not waived
May 24, 2022
and remain applicable as provided by law. Additionally, the City may at any time impose any
fees or taxes consistent with state or federal law, including, but not limited to property taxes,
and occupational license fees.
(b) Grantee shall pay a quarterly Franchise Fee to the City, which shall be equal to the greater of
(a) the Minimum Annual Franchise Fee as defined herein and amended from time to time
(“Minimum Annual Franchise Fee”); or (b) an amount equal to either (i) five percent (5%) of
Grantee’s Gross Revenues, which shall be payable quarterly and may be passed through to
Grantee’s Customers, if Grantee provides Telecommunications Service to Customers within
the City of Paducah (“Gross Revenue-based Franchise Fee”), or (ii) an amount equal to two
dollars ($2.00) per lineal foot of Facilities plus three thousand dollars ($3,000.00) per each
Wireless facility (other than Small wireless facilities) and two hundred seventy dollars
($270.00) per each Small wireless facilities if Grantee does not provide Telecommunications
Service to end-users within the City of Paducah (“Facilities-Based Franchise Fee”);
(c) Grantee’s first Franchise Fee payable under this Ordinance shall be paid to the City forty-five
(45) days after the City gives notice to the Grantee that the City has exercised its constitutional
right to collect Franchise Fees. Such payment will be prorated for the remaining calendar year
(rounded to the nearest month). Thereafter, Grantee shall pay each Franchise Fee (as
applicable) in accordance with the schedule below.
(d) Minimum Annual Franchise Fee payments, if applicable, to the City shall be paid on or before
April 15th of each calendar year during the term of the franchise.
(e) Gross Revenue-Based Franchise Fee payments, if applicable, to the City shall be computed
based on Grantee’s Gross Revenues from each calendar year quarter period (January 1 through
March 31, April 1 through June 30, July 1 through September 30, and October 1 through
December 31) and paid on or before the forty-fifth (45th) day following each calendar quarter
period during the term of the franchise.
(f) Facilities-Based Franchise Fee payments, if applicable, to the City shall be computed based
on Grantee’s lineal foot of Facilities in the City of Paducah as of January 1 of each calendar
year and paid on or before April 15th of each calendar year during the term of the franchise.
(g) Payment not received by the City by the due date shall be assessed interest equal to the lessor
of (i) one percent (1%) per month, or (ii) the highest rate permitted by law. Interest shall be
compounded annually. Interest shall be due on the entire late payment from the date on which
the payment was due until the date on which the City receives payment.
(h) Prior to making each payment to the City, Grantee shall file with the City a written report
containing an accurate statement in summarized form, as well as in detail, of its calculation of
the amount of the payment, verified by an officer or other authorized representative of
Grantee, setting forth its Gross Revenues according to their accounting subdivisions, and any
deductions claimed for the period upon which the payment is computed. Such reports shall be
in form satisfactory to the City.
(i) If any Franchise Fee is owed to the City, upon reasonable notice, the City shall have the right
to inspect the Grantee's income records, the right to audit and to re-compute any amounts
determined to be payable under any Franchise granted pursuant to this Ordinance; provided,
however, that such audit shall take place within twelve (12) months following the close of
each of the Grantee's fiscal years. If, as a result of such audit or review, the City determines
that Grantee has underpaid its fees to the City in any twelve (12) month period by ten percent
(10%) or more, then, in addition to making full payment of the relevant obligation, Grantee
shall reimburse the City for all expenses incurred as a result of an audit or review and such
payments shall be paid within the thirty (30) days following written notice to the Grantee by
the City, which notice shall include a copy of the audit report and copies of all invoices for
which the City seeks reimbursement.
May 24, 2022
(j) If any Franchise Fee is owed to the City, in the event that any Franchise Fee payment or
recomputed amount is not made to the City on or before the applicable dates heretofore
specified, interest shall be charged from such date as defined in this Ordinance.
(k) No accord and satisfaction. No acceptance by the City of any Franchise Fee or any other
payment shall be construed as an accord that the amount paid is in fact the correct amount,
nor shall acceptance of any Franchise Fee or any other payment be construed as a release of
any claim of the City
(l) The City reserves the right to require the Grantee to collect any consumer or other tax or other
fee that may be imposed by the City, the Commonwealth of Kentucky, or the federal
government on Telecommunications Services.
(m) Notwithstanding any other provision of this Ordinance, the Grantee shall be required to pay
the Government an amount intended to adequately compensate it for its permitting and
inspection of the Grantee’s construction activities in the Rights-of-way pursuant to the Code
and all attorney’s fees that the Government may incur relating to the franchising process,
including but not limited to any attorneys’ fees incurred relating granting of the franchise
and any transfer, renewal or modification of the franchise.
PUBLIC COMMENT
Preston Ursini made comments related to the fees in the proposed telecommunications
ordinance.
APPROVAL – CONTRACT MODIFICATION #1 – INCREASE SCOPE IN
PROFESSIONAL SERVICES CONTRACT WITH HDR, INC, FOR DREDGING
PROJECT IN THE AMOUNT OF $86,200
Commissioner Wilson offered motion, seconded by Commissioner Henderson that the Board of
Commissioners introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 1 WITH HDR,
INC. IN AN AMOUNT OF $86,200 TO INCREASE THE SCOPE IN THE PROFESSIONAL
SERVICES CONTRACT TO INCLUDE ENGINEERING DRAWINGS AND SPECIFICATIONS,
BIDDING ADMINISTRATION, PROJECT INSPECTION, MONITORING, ADMINISTRATION
AND REPORTING.” This Ordinance is summarized as follows: The Mayor is hereby authorized to
execute Contract Modification No. 1 with HDR, Inc. for the dredging project for additional services
in an amount not to exceed $86,200 and a decrease in the amount of $25,785, for a net increase of
$60,415, and a new total contract cost of $326,665. This expenditure shall be charged to the
Dredging Project Account DT0047.
PADUCAH RIVERFRONT HOTEL (HOLIDAY INN) INDUSTRIAL BUILDING
REVENUE BOND SERIES 2015 INTEREST RATE RESET
Commissioner Gault offered motion, seconded by Commissioner Guess that the Board of
Commissioners introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY AUTHORIZING THE AMENDMENT AND SUPPLEMENT
OF THE BOND PURCHASE AGREEMENT DATED AS OF NOVEMBER 1, 2015, BY
AND AMONG THE CITY, PADUCAH RIVERFRONT HOTEL, LP, INDEPENDENCE
BANK OF KENTUCKY, AS SERVICING AGENT, AND INDEPENDENCE BANK OF
KENTUCKY, AS ORIGINAL PURCHASER, FOR THE PURPOSES OF ESTABLISHING
THE INTEREST RATE APPLICABLE TO THE CITY’S INDUSTRIAL BUILDING
REVENUE BOND, SERIES 2015 (PADUCAH RIVERFRONT HOTEL, LP PROJECT)
May 24, 2022
FOR THE PERIOD BEGINNING ON AND INCLUDING MAY 1, 2022 TO BUT
EXCLUDING THE SECOND OPTIONAL TENDER DATE APPLICABLE THERETO;
AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE AMENDMENT
OF THE BOND PURCHASE AGREEMENT AND THE SERIES 2015 BOND.” This
Ordinance is summarized as follows: This Ordinance amends and supplements an Ordinance
2015-8-8283 of the City previously adopted on August 25, 2015 (hereinafter titled the “Prior
Ordinance”). The Prior Ordinance authorized the issuance of the City of Paducah,
Kentucky, Industrial Building Revenue Bond, Series 2015 (Paducah Riverfront Hotel, LP
Project) in an amount up to $12,000,000 (the “Series 2015 Bond”) to finance the costs of the
acquisition, construction, installation, and equipping of a building suitable for use as a hotel,
together with all related and subordinate facilities necessary for the operation thereof, for
lease to Paducah Riverfront Hotel, LP (the “Tenant ”). Certain terms of the Series 2015 Bond
are governed by a Bond Purchase Agreement (the “Bond Purchase Agreement”), by and
among the City, the Tenant, Independence Bank of Kentucky, as Servicing Agent for the
City with respect to the Series 2015 Bond thereunder (the “Servicing Agent”), and
Independence Bank of Kentucky, as original purchaser of the Series 2015 Bond (the
“Original Purchaser”). The Amending Ordinance authorizes the amendment of the Bond
Purchase Agreement and the Series 2015 Bond to require an interest rate per annum of
4.75% to apply to the Series 2015 Bond from May 1, 2022 to April 30, 2027 and to provide
for eight consecutive monthly interest-only payments beginning June 1, 2022. The Prior
Ordinance provides that pursuant to Sections 103.200 through 103.285, inclusive, of the
Kentucky Revised Statutes, the Series 2015 Bond will constitute a special and limited
obligation of the City payable solely from receipts and security derived from the Tenant.
FY2023 BUDGET ORDINANCE
Commissioner Guess offered motion, seconded by Commissioner Gault that the Board of
Commissioners introduce an Ordinance entitled, “AN ORDINANCE ADOPTING THE CITY OF
PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY
1, 2022, THROUGH JUNE 30, 2023, BY ESTIMATING REVENUES AND RESOURCES AND
APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT.” This
Ordinance is summarized as follows: Adopting the City of Paducah annual budget for Fiscal Year
July 1, 2022, through June 30, 2023, by estimating revenues and resources and appropriating funds
for the operation of City Government at $96,749,577, and summarized by fund as follows:
May 24, 2022
PUBLIC COMMENTS
George Thomas – spoke about desire to create an African-American Cultural Center
Mike Reed – made comments about morality in schools and local government’s
chance to bring morality back.
COMMENTS
City Manager Daron Jordan expressed his thanks to staff and WKCTC for the effort it took to move
the Commission Meeting from City Hall to the Paducah Recreation Center.
ADJOURN
Commissioner Gault offered motion, seconded by Commissioner Guess, that the meeting be
adjourned.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
TIME ADJOURNED: 6:14 p.m.
ADOPTED: June 14, 2022
FUNDS APPROPRIATIONS
1000 GENERAL 43,276,785$
2300 MAP 1,601,280
2400 INVESTMENT 5,810,790
2600 CDBG 200,000
2000 E911 2,571,530
2700 COURT AWARDS 90,800
2800 ROOM TAX 1,840,000
3000 DEBT 3,555,320
4000 CIP 1,760,000
4200 BOND FUND 19,800,000
5000 SOLID WASTE 6,900,651
5300 TRANSIENT BOAT DOCK 129,112
5100 CIVIC CENTER 35,445
1100 RENTAL 132,210
1200 RADIO DEPR 163,860
7000 FLEET MAINTENANCE 806,964
7100 FLEET LEASE TRUST 2,013,695
7200 INSURANCE 1,364,560
7300 HEALTH INSURANCE 3,665,600
8100 PFPF 945,655
8400 OTHER TRUSTS 85,320
96,749,577$
May 24, 2022
______________________________
George P. Bray, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
June 14, 2022
RECEIVE AND FILE DOCUMENTS:
Minute File:
1. Special Called Meeting Notice of the Board of Commissioners – May 24, 2022 – change
in location
Contract File:
1. Title Exam and Real Estate Purchase Agreement – 3179 Jackson Street – MO #2573
2. Programmatic Agreement between MARAD, KY State Historic Preservation Office,
Osage Nation, USACE and the City of Paducah – BUILD Grant – MO #2580
3. Worker Supply Agreement – Wise Staffing Group – MO #2581
4. Employment Agreement – Eric Stuber – Chief Technology Director – MO #2582
Financials File:
1. Paducah Water Works – month ending April 30, 2022
CITY OF PADUCAH
June 14, 2022
Upon the recommendation of the City Manager's Office, 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 Signature
6/9/2022
Date
CITY OF PADUCAH
PERSONNEL ACTIONS
NEW HIRES - PART-TIME (P/T)
PARKS & RECREATION POSITION RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Adams, Meghan Recreation Leader - Intern $10.00/hr NCS Non-Ex May 24, 2022
Brewer, Adeline Pool Attendant $9.50/hr NCS Non-Ex May 23, 2022
Carter, DominiQue Recreation Leader - Intern $10.00/hr NCS Non-Ex May 26, 2022
Durfee, Weslyn Lifeguard $10.00/hr NCS Non-Ex May 23, 2022
Grogan, Jeremiah Lifeguard $10.00/hr NCS Non-Ex May 23, 2022
Meadows, Elise Pool Attendant $9.50/hr NCS Non-Ex May 23, 2022
Stewart, Weston Pool Attendant $9.50/hr NCS Non-Ex May 23, 2022
PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS (PART-TIME)
PREVIOUS POSITION CURRENT POSITION
PARKS & RECREATION AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Grogan, Wes Lifeguard Assistant Pool Manager NCS Ex May 23, 2022
$10.00/hr $11.00/hr
Kirks, Kennedy Lifeguard Pool Manager NCS Ex May 19, 2022
$10.50/hr $11.50/hr
PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS (FULL-TIME)
PREVIOUS POSITION CURRENT POSITION
FINANCE AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Cole, Corie K.Accountant Accountant NCS Ex June 16, 2022
$22.70/hr $23.38/hr
Gipson, Erica Revenue Technician Revenue Technician II NCS Non-Ex June 16, 2022
$18.84/hr $20.72/hr
Freeman, Kari L. Senior Administrative Assistant Senior Administrative Assistant NCS Non-Ex June 16, 2022
$19.46/hr $19.95/hr
TECHNOLOGY
Powell, Kaitlyn Network Administrator Network Administrator NCS Ex March 24, 2022
$24.09/hr $24.57/hr
Cooper, Tina Help Desk Technician Help Desk Technician NCS Non-Ex March 24, 2022
$22.91/hr $23.37/hr
PUBLIC WORKS
Kelly, Phillip C.ROW - Street Fleet Mechanic II NCS Non-Ex June 2, 2022
$20.80/hr $20.80/hr
PARKS & RECREATION POSITION REASON EFFECTIVE DATE
Downing Jr., David W. Parks Maintenance Supervisor Termination May 20, 2022
PUBLIC WORKS
Green, Brian W. Traffic Technician Resignation May 20, 2022
June 14, 2022
TERMINATIONS - FULL-TIME (F/T)
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Contract with Systems Solutions for security camera system repair/upgrade and security access
control for the Police Department $50,283.70 - B LAIRD
Category: Municipal Order
Staff Work By: Joe Hayes, Brian Laird
Presentation By: Brian Laird
Background Information: The current security camera system at the police department was installed
several years ago and several cameras are not functioning. Repairs to the system require upgrading hardware
and software components. The new system includes server-based storage in lieu of the current DVR
system. The contract also includes upgrading the access control system. These systems are the same
hardware/software that was installed at City Hall and will allow for our current access cards to be used at both
locations.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: Police Camera Project
Account Number: PO0119
Staff Recommendation: Approve contract
Attachments:
1.MO - agree – System Solutions Police Department Security System
2.Scope of Work - Milestone Camera System - 2
3.Camera Quote
4.Access Control Quote
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH SYSTEM SOLUTIONS OF PADUCAH, KENTUCKY IN AN
AMOUNT OF $50,283.70 FOR PROCUREMENT OF SECURITY SYSTEM SOFTWARE
AND HARDWARE FOR THE PADUCAH POLICE DEPARTMENT
WHEREAS, in 2019 the City of Paducah authorized an agreement with
System Solutions for procurement of a security system for City Hall; and
WHEREAS, the City of Paducah now wishes to enter into an agreement with
System Solutions for additional security system hardware and software for the Paducah
Police Department; and
WHEREAS, a written determination has been made by the City Manager that
this constitutes a sole-source purchase and will be a noncompetitive negotiation purchase,
pursuant to KRS 45A.380(2).
NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute an Agreement
with System Solutions of Paducah, KY, for procurement of a security system hardware and
software for the Paducah Police Department.
SECTION 2. This agreement shall be in the amount of $50,283.70. This
expenditure will be charged to the Police Camera Project Account No. PO0119.
SECTION 3. This Order will be in full force and effect from and after the
date of its adoption.
______________________________
George Bray, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, June 14, 2022
Recorded by Lindsay Parish, City Clerk, June 14, 2022
MO\agree – System Solutions Police Department Security System
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Acceptance of 2021 Ky Office of Homeland Security Grant Award in the amount of $93,900 - B
LAIRD
Category: Municipal Order
Staff Work By: Joe Hayes, Hope Reasons
Presentation By: Brian Laird
Background Information: The Kentucky Office of Homeland Security (KOHS) grant program, funded by
the U.S. Department of Homeland Security, can be used by city and county governments, area development
districts and public universities to address high-priority preparedness gaps in order to prevent, protect against,
mitigate, respond to , and recover from acts of terrorism.
The Police Department received approval to apply for this grant on 4/13/21 through MO 2449. The Department
has been awarded $93,900 to purchase an X-Ray machine for the Bomb Squad. There is no match required for
this grant.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: 2021 Homeland Security Grant
Account Number: Project PO0125
Staff Recommendation: Authorize the Mayor to execute all documents related to the acceptance of this
grant award.
Attachments:
1.MO - award – KOHS X-Ray Machine Bomb Squad
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE
KENTUCKY OFFICE OF HOMELAND SECURITY (KOHS) FOR A 2021 GRANT AWARD
IN THE AMOUNT OF $93,900 FOR THE PURCHASE OF AN X-RAY MACHINE FOR THE
BOMB SQUAD, AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT
AGREEMENT AND ALL DOCUMENTS RELATED TO SAME
WHEREAS, the City of Paducah applied for a 2021 State Homeland Security
Grant through the Kentucky Office of Homeland Security, in the amount of $93,900, adopted by
Municipal Order No. 2449 on April 13, 2021, to be used for the purchase of an X-Ray machine
for the Bomb Squad; and
WHEREAS, the Kentucky Office of Homeland Security has approved the
application and is now ready to award this grant in the amount of $93,900.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah hereby accepts grant funds in the amount
$93,900 through the Kentucky Office of Homeland Security for an X-Ray machine for the Bomb
Squad, and authorizes the Mayor to execute the Grant Agreement and all related documents. No
local or in-kind match is required.
SECTION 2. This order shall be in full force and effect from and after the date of
its adoption.
__________________________________
George Bray, Mayor
ATTEST:
____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners June 14, 2022
Recorded by Lindsay Parish, City Clerk, June 14, 2022
MO\grants \award – KOHS X-Ray Machine Bomb Squad
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Approval to Purchase a SCANNA MSC Inc. for ScanSilc Portable X-ray Unit and Accessories
for $93,864 - B LAIRD
Category: Municipal Order
Staff Work By: Joe Hayes, Hope Reasons
Presentation By: Brian Laird
Background Information: The Paducah Police Department was awarded a 2021 Kentucky Office of
Homeland Security Grant in the amount of $93,900 to purchase a portable x-ray system and accessories for the
Bomb Squad Unit. A request for bids was released on March 2, 2022 and bids were opened on April 20, 2022.
Two bids were received and reviewed with the SCANNA bid being chosen as the best proposal based on total
price and options as defined in the request for bids. This item has been assigned Project Number PO0125.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: 2021 Homeland Security Grant
Account Number: Project PO0125
Staff Recommendation: Authorize the Mayor to accept the quote and sign the associated documents to
purchase the SCANNA MSC ScanSilc 1824 Portable X-ray unit and accessories.
Attachments:
1.MO - purchase- Portable X-Ray Bomb Squad
2.SCANNA Quote Page 1
3.SCANNA Quote page 2
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER ACCEPTING THE BID OF SCANNA MSC, INC.
FOR SALE TO THE CITY OF PADUCAH ONE SCAN-SILC 1824 PORTABLE X-RAY
UNIT AND ACCESSORIES IN THE AMOUNT OF $93,864 FOR USE BY THE PADUCAH
POLICE DEPARTMENT BOMB SQUAD UNIT, AND AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR SAME
WHEREAS, pursuant to Sec. 2-645 of the Code of Ordinances of the City of
Paducah, Kentucky, two sealed bids were received one from SHRP LOGIXX and one from
SCANNA MSC, Inc., on April 20, 2022, for the purchase of one portable x-ray system and
accessories to be used by the Paducah Police Department Bomb Squad Unit; and
WHEREAS, it was determined that the bid from SCANNA MSC, INC., was the
best proposed bid based on total price and options as defined in the request for bids; and
WHEREAS, the City of Paducah wishes to now accept the bid and enter into an
agreement with SCANNA MSC, Inc., for the purchase.
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah accepts the bid of SCANNA, in the amount of
$93,864 for sale to the City of one ScanSilc 1824 Portable X-Ray unit and accessories for use by
the Police Department, said bid being in substantial compliance with bid specifications, and as
contained in the bid of SCANNA of April 20, 2022.
SECTION 2. The Mayor is hereby authorized to execute a contract with
SCANNA, for the purchase of one ScanSilc 1824 portable X-Ray unit and accessories, as
authorized in Section 1 above, according to the specifications and bid.
SECTION 3. This purchase shall be charged to the 2021 Homeland Security
Grant Account, Project PO0125.
SECTION 4. This Order shall be in full force and effect from and after the date
of its adoption.
______________________________
George Bray, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, June 14, 2022
Recorded by Lindsay Parish, City Clerk, June 14, 2022
\mo\purchase- Portable X-Ray Bomb Squad
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Tyler Technologies Annual Software Maintenance Agreement in the amount of $79,789.05 - B
LAIRD
Category: Municipal Order
Staff Work By: Anthony Copeland
Presentation By: Brian Laird
Background Information: In 2018, the City entered into a contractual agreement with Tyler Technologies
for software and related hardware for a computer-aided dispatch system (CAD) to be utilized in the operation
of the City's 911 system. The agreement included a maintenance plan that is required to be paid annually. The
annual payment is divided between the 911, Police and Fire budgets.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: E-911 Computer Software Maintenance
Police
Fire
Account Number: 4001-522020
1601-522020
1801-522020
Staff Recommendation: Approve a municipal order authorizing the Finance Director to pay Tyler
Technologies for FY22 and subsequent years.
Attachments:
1.MO - CAD Tyler Annual Maintenance Fees
2.Tyler Technologies Computer Assisted Dispatch CAD Agreement (ORD 2018-4-8524)
3.Paducah, KY Proforma# 130-18863
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO
MAKE PAYMENT TO TYLER TECHNOLOGIES, INC. FOR ONGOING
MAINTENANCE RELATED TO THE COMPUTER AIDED DISPATCH SYSTEM FOR
FISCAL YEAR 2022 AND SUBSEQUENT YEARS, AS APPROPRIATED, IN
ACCORDANCE WITH THE LICENSE AND SERVICES AGREEMENT WITH TYLER
TECHNOLOGIES, INC.
WHEREAS, by Ordinance No. 2018-4-8524 (hereinafter “Ordinance”), the City
of Paducah authorized a License and Services Agreement (hereinafter “the Agreement”) with
Tyler Technologies which was signed on April 10, 2018, for software and hardware for the
establishment of a Computer Aided Dispatch System (hereinafter “CAD System”) for the City of
Paducah; and
WHEREAS, the Ordinance authorized expenditures in a total amount of
$916,282; and
WHEREAS, the CAD System has been implemented by the City of Paducah in
accordance with the Agreement; and
WHEREAS, it is now necessary to authorize additional expenditures for annual
maintenance costs as outlined by the Agreement for Fiscal Year 2022 and ongoing.
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. That the City hereby authorizes and directs the Finance Director to
make payment to Tyler Technologies, Inc. for maintenance costs associated with the Agreement
with Tyler Technologies in an amount of $79,789.05 for FY2022 and future Fiscal Year
payments in accordance with the License and Services Agreement with Tyler Technologies.
SECTION 2. That said Maintenance Costs authorized in Section 1 shall be
funded by the following accounts:
E-911 Computer Software Maintenance 2000-4001-522020
Police Computer Software Maintenance 1000-1601-522020
Fire Computer Software Maintenance 1000-1801-522020
SECTION 3. This order shall be in full force and effect from and after the date of
its adoption.
_________________________________________
George Bray, Mayor
ATTEST:
______________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, June 14, 2022
Recorded by Lindsay Parish, City Clerk, June 14, 2022
\MO\CAD Tyler Annual Maintenance Fees
Document #: PADU-18AIA
e..
tyler
techrlologies
LICENSE AND SERVICES AGREEMENT
This License and Services Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to license the software products and perform the services set forth in the
Investment Summary and Tyler desires to perform such actions under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this
Agreement, Tyler and Client agree as follows:
SECTION A— DEFINITIONS
Affiliated Organization" means a government entity separate from you, but which will have access to
the Tyler Software licensed to you under this Agreement. Permissible Affiliated Organizations are listed
in Exhibit A. Your authorized representative may request additional government entities be added as
Affiliated Organizations at anytime by providing written notice to us. An authorized representative is a
person with the authority to bind you contractually. Section J(15) notwithstanding, notice of this
request may be by email to your Tyler account representative. Upon our written acceptance of your
request, the proposed government entity will become an Affiliated Organization under this
Agreement.
Agreement" means this License and Services Agreement.
Business Travel Policy" means our business travel policy. A copy of our current Business Travel Policy
is attached as Schedule 1 to Exhibit B.
Client" means CITY OF PADUCAH, KENTUCKY.
Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions
set forth in our written proposal to you, or their functional equivalent. Future functionality may be
updated, modified, or otherwise enhanced through our maintenance and support services, and the
governing functional descriptions for such future functionality will be set forth in our then -current
Documentation.
Developer" means a third party who owns the intellectual property rights to Third Party Software.
Documentation" means any online or written documentation related to the use or functionality of
the Tyler Software that we provide or otherwise make available to you, including instructions, user
guides, manuals and other training or self-help documentation.
Effective Date" means the date on which your authorized representative signs the Agreement.
Force Majeure" means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause
that could not with reasonable diligence be foreseen or prevented by you or us.
Investment Summary" means the agreed upon cost proposal for the software, products, and services
attached as Exhibit A.
Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
KRS" means the Kentucky Revised Statutes.
Maintenance and Support Agreement" means the terms and conditions governing the provision of
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maintenance and support services to all of our customers. A copy of our current Maintenance and
Support Agreement is attached as Exhibit C.
Statement of Work" means the industry standard implementation plan describing how our
professional services will be provided to implement the Tyler Software, and outlining your and our
roles and responsibilities in connection with that implementation. The Statement of Work is provided
at Exhibit D.
Support Call Process" means the support call process applicable to all of our customers who have
licensed the Tyler Software. Our current Support Call Process is attached as Schedule 1 to Exhibit C.
Protected Information" means information that personally identifies a calling party which is
contained in "ALI/DBS" as such term is defined in KRS § 65.750 and contemplated under KRS § 65.752.
Third Party End User License Agreement(s)" means the end user license agreement(s), if any, for the
Third Party Software.
Third Party Hardware" means the third -party hardware, if any, identified in the Investment
Summary.
Third Party Products" means the Third Party Software and Third Party Hardware.
Third Party Software" means the third -party software, if any, identified in the Investment Summary.
Tyler" means Tyler Technologies, Inc., a Delaware corporation, as successor -in -interest to New World
Systems.
Tyler Software" means our proprietary software, including any integrations, custom modifications,
and/or other related interfaces identified in the Investment Summary and licensed by us to you
through this Agreement.
we", "us", "our" and similar terms mean Tyler.
you" and similar terms mean Client.
SECTION B — SOFTWARE LICENSE
1. License Grant and Restrictions.
1.1 We grant to you a license to use the Tyler Software for your internal business purposes only, in the
scope of the internal business purposes disclosed to us as of the Effective Date. You may make copies
of the Tyler Software for backup and testing purposes, so long as such copies are not used in
production and the testing is for internal use only. Your rights to use the Tyler Software are perpetual
but may be revoked if you do not comply with the terms of this Agreement.
1.2 The Documentation is licensed to you and may be used and copied by your employees for internal,
non-commercial reference purposes only.
1.3 You may not: (a) transfer or assign the Tyler Software to a third party; (b) reverse engineer, decompile,
or disassemble the Tyler Software; (c) rent, lease, lend, or provide commercial hosting services with
the Tyler Software; or (d) publish or otherwise disclose the Tyler Software or Documentation to third
parties.
1.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or
make available to you through your Maintenance and Support Agreement.
1.5 The right to transfer the Tyler Software to a replacement hardware system is included in your license.
You will give us advance written notice of any such transfer and will pay us for any required or
requested technical assistance from us associated with such transfer.
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Document #: PADU-18A1A
1.6 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and
Documentation are protected by copyright and other intellectual property laws and treaties. We own
the title, copyright, and other intellectual property rights in the Tyler Software and the
Documentation. The Tyler Software is licensed, not sold.
2. License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary.
Those amounts are payable in accordance with our Invoicing and Payment Policy.
3. Escrow. We maintain an escrow agreement with a third party underwhich we place the source code for
each major release of the Tyler Software. You may be added as a beneficiary to the escrow agreement by
completing a standard beneficiary enrollment form and paying the annual beneficiary fee. You will be
responsible for maintaining your ongoing status as a beneficiary, including payment of the then -current
annual beneficiary fees. Release of source code for the Tyler Software is strictly governed by the terms of
the escrow agreement.
4. Limited Warranty. We warrant that the Tyler Software will be without Defect(s) as long as you have a
Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted, we
will use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in the
Maintenance and Support Agreement.
SECTION C—AFFILIATED ORGANIZATIONS
1. Access by Affiliated Organizations. We will permit you to grant each Affiliated Organization access to the
Tyler Software hosted from your servers. You understand and agree that you are solely responsible for
making the Tyler Software available to any Affiliated Organizations, and that we do not warrant, and are
not responsible for, the performance of your servers or any Affiliated Organization's access thereto.
Application of this Agreement. Each Affiliated Organization must abide by the terms and conditions of this
Agreement, and you are responsible for any breach hereof by an Affiliated Organization accessing the
Tyler Software hosted from your servers.
Termination of Access of an Affiliated Organization. You agree to deny an Affiliated Organization's access
to the Tyler Software upon written notice from us that the applicable Affiliated Organization has violated
the terms of this Agreement.
SECTION D — PROFESSIONAL SERVICES
Services. We will provide you the various implementation -related services itemized in the Investment
Summary. You will receive those services according to the Statement of Work.
Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in
the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment
Policy.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope
of services and related costs (including programming and/or interface estimates) required for the project
based on our understanding of the specifications you supplied. If additional work is required, or if you use
Clean) Paducah KY - License and Services Agreement (911) - 03.23.2018.docx
tyler
3
Document #: PADU-18A1A
or request additional services, we will provide you with an addendum or change order, as applicable,
outlining the costs for the additional work. The price quotes in the addendum or change order will be valid
for thirty (30) days from the date of the quote.
Cancellation. We make all reasonable efforts to schedule our personnel for travel, including arranging
travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services
less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all
a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled
professional services if we are unable to reassign our personnel. We will make all reasonable efforts to
reassign personnel in the event you cancel within two (2) weeks of scheduled commitments.
Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with
industry standards. In the event we provide services that do not conform to this warranty, we will re-
perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your
personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation
services, subject to any reasonable security protocols or other written policies provided to us as of the
Effective Date, and thereafter as mutually agreed to by you and us. You further agree to provide a
reasonably suitable environment, location, and space for the installation of the Tyler Software and any
Third Party Products, including, without limitation, sufficient electrical circuits, cables, and other
reasonably necessary items required for the installation and operation of the Tyler Software and any Third
Party Products.
Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
process requiring the time and resources of your personnel. You agree to use all reasonable efforts to
cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines
and other milestones for implementation. This cooperation includes at least working with us to schedule
the implementation -related services outlined in this Agreement. We will not be liable for failure to meet
any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel
to provide such cooperation and assistance (either through action or omission).
SECTION E — MAINTENANCE AND SUPPORT
This Agreement includes the period of free maintenance and support services identified in the Invoicing
and Payment Policy. If you have purchased ongoing maintenance and support services, and continue to
make timely payments for them according to our Invoicing and Payment Policy, we will provide you with
maintenance and support services for the Tyler Software under the terms of our standard Maintenance
and Support Agreement.
If you have opted not to purchase ongoing maintenance and support services for the Tyler Software, the
Maintenance and Support Agreement does not apply to you. Instead, you will only receive ongoing
maintenance and support on the Tyler Software on a time and materials basis. In addition, you will:
i) receive the lowest priority under our Support Call Process;
ii) be required to purchase new releases of the Tyler Software, including fixes, enhancements and
patches;
iii) be charged our then -current rates for support services, or such other rates that we may
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consider necessary to account for your lack of ongoing training on the Tyler Software;
iv) be charged for a minimum of two (2) hours of support services for every support call; and
v) not be granted access to the support website for the Tyler Software or the Tyler Community
Forum.
SECTION F —THIRD PARTY PRODUCTS
To the extent there are any Third Party Products set forth in the Investment Summary, the following terms and
conditions will apply:
Third Party Hardware. We will sell and deliver onsite the Third Party Hardware, if you have purchased any,
for the price set forth in the Investment Summary. Those amounts are payable in accordance with our
Invoicing and Payment Policy.
2. Third Party Software. Upon payment in full of the Third Party Software license fees, you will receive a non-
transferable license to use the Third Party Software and related documentation for your internal business
purposes only. Your license rights to the Third Party Software will be governed by the Third Party End User
License Agreement(s).
2.1 If the Developer charges a fee for future updates, releases, or other enhancements to the Third Party
Software, you will be required to pay such additional future fee.
2.2 The right to transfer the Third Party Software to a replacement hardware system is governed by the
Developer. You will give us advance written notice of any such transfer and will pay us for any
required or requested technical assistance from us associated with such transfer.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and
clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or
guarantee the performance of the Third Party Products. However, we grant and pass through to you
any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report defects and
other issues related to the Third Party Software directly to us, and we will (a) directly address the defect or
issue, to the extent it relates to our interface with the Third Party Software; and/or (b) facilitate resolution
with the Developer, unless that Developer requires that you have a separate, direct maintenance
agreement in effect with that Developer. In all events, if you do not have a Maintenance and Support
Agreement in effect with us, you will be responsible for resolving defects and other issues related to the
Third Party Software directly with the Developer.
SECTION G — INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you for all fees set forth in the Investment Summary per our
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Invoicing and Payment Policy, subject to Section G(2).
2. Invoice Disputes. If you believe any delivered product or service does not conform to the warranties in this
Agreement, or you contest the propriety of any fee we have charged under this Agreement, specifically
including fees that are charged for additional products and services, you may withhold the fees that were
charged on those products and services so long as you provide written notice to us within fifteen (15) days of
your receipt of the applicable invoice. The written invoice must contain sufficient detail of the issues you
contend are in dispute. We will provide a written response to you that will include either a justification of the
invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will
work together as may be necessary to develop an action plan that outlines reasonable steps to be taken by
each of us to resolve any issues presented in your notice. You may only withhold payment of the amount(s)
actually in dispute until we complete the action items outlined in the plan. If we are unable to complete the
action items outlined in the action plan because of your failure to complete the items agreed to be done by
you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services,
including maintenance and support services, if you fail to pay an invoice not disputed as described above.
SECTION H —TERMINATION
For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute
Resolution clause set forth in Section J(3). You may terminate this Agreement for cause in the event we do
not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within
the thirty (30) day window set forth in Section J(3). In the event of termination for cause, you will pay us
for all undisputed fees and expenses related to the software, products, and/or services you have received,
or we have incurred or delivered, prior to the effective date of termination.
Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase,
lease, operate, or maintain the software or services set forth in this Agreement, you may unilaterally
terminate this Agreement effective on the final day of the fiscal year through which you have funding. You
will make every effort to give us at least thirty (30) days written notice prior to a termination for lack of
appropriations. In the event of termination due to a lack of appropriations, you will pay us for all
undisputed fees and expenses related to the software and/or services you have received, or we have
incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must
have been submitted to the Invoice Dispute process set forth in Section G(2) at the time of termination in
order to be withheld at termination. You will not be entitled to a refund or offset of previously paid
license and other fees.
Force Majeure. Except for your payment obligations, either you or we may terminate this Agreement if a
Force Majeure event suspends performance of scheduled tasks for a period of forty-five (45) days or more.
In the event of termination due to Force Majeure, you will pay us for all undisputed fees and expenses
related to the software and/or services you have received, or we have incurred or delivered, prior to the
effective date of termination; provided, however, that you shall not be charged any fees for services that
you did not receive during the suspension period. Any disputed fees and expenses must have been
submitted to the Invoice Dispute process set forth in Section G(2) at the time of termination in order to be
withheld at termination. You will not be entitled to a refund or offset of previously paid license or other
fees.
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SECTION I — INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third -party claim(s) that the Tyler Software or Documentation infringes
that third party's patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the
amount of any resulting adverse final judgment (or settlement to which we consent). You must notify
us promptly in writing of the claim and give us sole control over its defense or settlement. You agree
to provide us with reasonable assistance, cooperation, and information in defending the claim at our
expense.
1.2 Our obligations under this Section 1(1) will not apply to the extent the claim or adverse final judgment
is based on your: (a) use of a previous version of the Tyler Software and the claim would have been
avoided had you installed and used the current version of the Tyler Software, and we provided notice
of that requirement to you; (b) combining the Tyler Software with any product or device not provided,
contemplated, or approved by us; (c) altering or modifying the Tyler Software, including any
modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler
Software in contradiction of this Agreement, including with non -licensed third parties; or (e) willful
infringement, including use of the Tyler Software after we notify you to discontinue use due to such a
claim.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler
Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right
to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent,
in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively,
we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler
Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is
enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or
settlement to which we consent), we will, at our option, either: (a) procure the right to continue its
use; (b) modify it to make it non -infringing; (c) replace it with a functional equivalent; or (d) terminate
your license and refund the license fees paid for the infringing Tyler Software, as depreciated on a
straight-line basis measured over seven (7) years from the Effective Date. We will pursue those
options in the order listed herein. This section provides your exclusive remedy for third party
copyright, patent, or trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 To the fullest extent permitted by law, we shall indemnify, hold harmless and defend you and your
agents, employees, officers and successors, from and against any third -party claims, causes of action,
damages, losses and expenses, including but not limited to attorney fees, arising out of or resulting in
any way from our performance of this Agreement, provided that such claim, cause of action, damage,
loss or expense is attributable to (i) bodily injury, sickness, disease, or death to any person, including
employees or agents of ours or our subcontractor, or to injury to or destruction of tangible property,
or (ii) our violation of a law applicable to our performance under this Agreement We shall not be
obligated, however, to hold harmless, indemnify, or defend you or your agents, officers, or successors
ty
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Document #: PADU-18AIA
from any claim, cause of action, damages, losses or expenses to the extent that such claims, causes of
action, damages, losses, or expenses arise from your negligence or fault, or from your own breach
under the Agreement.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents,
officials, and employees from and against any and all third -party claims, losses, liabilities, damages,
costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property
damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law
applicable to your performance under this Agreement. We will notify you promptly in writing of the
claim and will give you sole control over its defense or settlement. We agree to provide you with
reasonable assistance, cooperation, and information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, OUR LIABILITY TO
YOU FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACTOR
TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT
DAMAGES, NOT TO EXCEED (A)PRIOR TO FORMAL TRANSITION TO MAINTENANCE AND SUPPORT, THE
TOTAL ONE-TIME FEES SET FORTH IN THE INVESTMENT SUMMARY; OR (B) AFTER FORMAL TRANSITION TO
MAINTENANCE AND SUPPORT, THE THEN -CURRENT ANNUAL MAINTENACE AND SUPPORT FEE. THE PRICES
SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY.
4.1 THE LIMITATION OF LIABILITY PROVISIONS UNDER THIS SECTION 1(4) SHALL NOT APPLY TO THE EXTENT
ANY CLAIMS ARISE OR RESULT FROM: (A) OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT; (B) THE
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OUR EMPLOYEES AND SUBCONTRACTORS.
4.2 ADDITIONALLY, THE LIMITATION OF LIABILITY PROVISIONS UNDER THIS SECTION 1(4) SHALL NOT APPLY
TO CLAIMS THAT ARE SUBJECT TO SECTION l(1) "INTELLECTUAL PROPERTY INFRINGEMENT
INDEMNIFICATION" AND 1(2) "GENERAL INDEMNIFICATION".
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, IN NO
EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the
following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile
Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation
complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000.
We will add you as an additional insured to our Commercial General Liability and Automobile Liability
policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as
well. We will provide you with copies of certificates of insurance upon your written request.
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SECTION J — GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth
in the Investment Summary for twelve (12) months from the Effective Date, and thereafter at our then -
current list price, by executing a mutually agreed addendum. The terms of this Agreement will control any
such additional purchase(s), unless otherwise specifically provided in the addendum. Affiliated
Organizations may purchase additional products and services by an addendum to this Agreement executed
by the requesting Affiliated Organization and Tyler. Any additional licenses so added will be installed on
your servers and may be accessed by you and any Affiliated Organization, subject to the terms and
conditions of this Agreement.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be
valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware
of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if
requested by either party, appointing a senior representative to meet and engage in good faith
negotiations with our appointed senior representative. Senior representatives will convene within thirty
30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between
senior representatives will be deemed confidential settlement discussions not subject to disclosure under
Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, either of
us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this
section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution
procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales,
use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate.
Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such
taxes. If you have a valid direct -pay permit, you agree to provide us with a copy. For clarity, we are
responsible for paying our income taxes, both federal and state, as applicable, arising from our
performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment
concerning the performance of our responsibilities under this Agreement. This discrimination prohibition
will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with
respect to any matter directly or indirectly relating to employment concerning race, color, religion,
national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability
to perform the duties of a particular job or position, height, weight, marital status, or political affiliation.
We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable
law.
6. E -Verify. We have complied, and will comply, with the E -Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written
consent, not to be unreasonably withheld.
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Document #: PADU-18A1A
8. Binding Effect: No Assignment. This Agreement shall be binding on, and shall be for the benefit of, our
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without
the prior written consent of the other party; provided, however, your consent is not required for an
assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of
substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing
its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided,
however, that within ten (10) business days of the Force Majeure event, the party whose performance is
delayed provides the other party with written notice explaining the cause and extent thereof, as well as a
request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us.
No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to
make any claim or assert any right under this Agreement. This provision does not affect the rights of third
parties under any Third Party End User License Agreement(s).
11. Entire Agreement. This Agreement represents the entire agreement between you and us with respect to
the subject matter hereof, and supersedes any prior agreements, understandings, and representations,
whether written, oral, expressed, implied, or statutory. This Agreement may only be modified by a written
amendment signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by
either party, such non -enforcement will not act as or be deemed to act as a waiver or modification of this
Agreement, nor will such non -enforcement prevent such party from enforcing each and every term of this
Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice
of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute
resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual
receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an
employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not
actually received, five (5) days after deposit with the United States Postal Service authorized mail center
with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at
the address set forth on the signature page hereto or such other address as the party may have designated
by proper notice. The consequences for the failure to receive a notice due to improper notification by the
intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and
promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
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Document #: PADU-18AIA
performance of this Agreement, may be exposed to confidential information and that disclosure of such
information could violate rights to private individuals and entities, including the parties. Confidential
information is nonpublic information that a reasonable person would believe to be confidential and
includes, without limitation, personal identifying information (e.g., social security numbers) and trade
secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential
information of the other party and further agrees to take all reasonable and appropriate action to prevent
such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the
termination or cancellation of this Agreement. This obligation of confidentiality will not apply to
information that:
a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this
Agreement by a party or its employees or agents;
b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
c) a party receives from a third party who has a right to disclose it to the receiving party; or
is the subject of a legitimate disclosure request under the open records laws or similar applicable
public disclosure laws governing this Agreement; provided, however, that in the event you receive
an open records or other similar applicable request, you will give us prompt notice and otherwise
perform the functions required by applicable law.
18. Protected Information. We recognize that you have a statutory duty to maintain all Protected
Information on a strictly confidential basis, and that you must safeguard that information from any
unauthorized access or disclosure. We shall establish and maintain adequate security procedures to
prevent any unauthorized access and disclosure of that information. We shall also ensure that our
employees, agents, professionals, and contractors that do have access to Protected Information in
order to perform our obligations under this Agreement will not disclose any such Protected
Information to any third person, unless otherwise required by applicable law. Should we become
aware of any unauthorized access or disclosure of Protected Information, we shall follow applicable
law and take immediate action to remedy the unauthorized activity, which may include implementing
additional security measures. In addition, we shall conduct a thorough risk assessment of the
unauthorized access or disclosure.
We warrant that the collection, access, use, storage, disposal and disclosure of Protected Information
shall comply with all applicable federal and state privacy and data protection laws, as well as all other
applicable regulations and directives. We shall at all times maintain administrative, physical and
technical safeguards to protect your Protected Information that are no less rigorous than accepted
industry practices and standards of software providers similarly situated to Tyler
You may audit only those records directly related our compliance with the terms of this Agreement,
and the services that we provide under this Agreement, once per year and at your expense. To
request an audit, you must submit a detailed audit plan at least two (2) weeks in advance of the
proposed audit date which shall describe the proposed scope, duration and start date of the audit. The
audit must be conducted during our regular business hours, and may not unreasonably interfere with
our business activities.
19. Business License. In the event a local business license is required for us to perform services hereunder,
you will promptly notify us and provide us with the necessary paperwork and/or contact information so
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Document #: PADU-18AIA
that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the
State of Kentucky, including applicable U.S. federal law, without regards to rules on conflicts of law. Any
legal disputes arising out of this Agreement shall be brought in the applicable state or federal court in the
State of Kentucky, and the forum and venue for such disputes shall be exclusively in the federal or state
courts of competent jurisdiction in or serving Paducah, Kentucky, to which courts the parties agree to
submit personal jurisdiction.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any
of which will be independently treated as an original document. Any electronic, faxed, scanned,
photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be
deemed an original signature and will be fully enforceable as if an original signature. Each party represents
to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the
right to negotiate and customize the terms and conditions set forth herein, including but not limited to
pricing, to the scope and circumstances of that cooperative procurement.
23. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Maintenance and Support Agreement
Schedule 1: Support Call Process
Schedule 2: Escalation Process
Exhibit D Statement of Work
Schedule 1: Implementation and Training Support Services
Schedule 2: Data File Conversion Assistance
Schedule 3: Customer Requested Standard Software Enhancement/Modifications
And/or Custom Software
SIGNATURE PAGE FOLLOWS]
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Document #: PADU-18A1A
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the
date(s) set forth below.
Tyler Technologies, Inc.
By:
Name: Sherry Clark
Title: Sr. Corporate Attorney
Date: 3/30/2018
Address for Notices:
Tyler Technologies, Inc.
One Tyler Drive
Yarmouth, ME 04096
Attention: Chief Legal Officer
City of Paducah, Kentucky
By: E..= . -
Name: %3rM41 Al -le -66
Title: / 1 gaw
Date: to
Address for Notices:
City of Paducah
300 South Fifth Street
Paducah, KY 42003
Attention: Ed McManus
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i.
a t y r
technologies
Exhibit A
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to
you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized
terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
TO BE INSERTED
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0
4:;.i. new world
1 tyiCr f•ufdri.:,IF?y t7h li r
Sahts QuomOon For
Paducah Police Department
PO Boot 2261
Paducah KY 42002-2267
P9oono:+1PTO 414-8547
Quoted By: Melissa Gibbs
Data 311212018
Quote Exprabw 5!3012018
Quote Name: Paducah -McCracken CAD, RMS, MSG, FBR and
0
FRMS
Quote Number 2011-22412-2
Unite DescAptan RFP talegrated Public Safety system Nw7017
New Work] Enleri*w Combined LEIRrefEhlS CAD 50,740 16U 5231200 513,uqu W.V20
C+LCfs 59,000',, 0 U 030 50
CAD Auto Rouling 7,000 0 0 7,ODO 956
CAD AVl 3z 090 0 S4 7 000
Somite Vehicle Rotation (Wrecker, Ambulance) 57,000 0 So S7,ODD SM
WetiCADMo'ri'rfor' 510,000' D SD 10,040 51386
CAD Paging Wedace S7,000 0 50 57,000 SW
E9111nterfacc 57,000 i 0 SO 7,1704• 19$3
NG911Interface (te)dto911) 10,000 0 30 S10,ODO 1,365
lti UneCAbliire facego,5lete NCIC 59,00,9' 0 E0 S,dt1D lBfA
Etx4der Ititetd' • ., . 571000 0 S0 57,000 9958
gsficrtace
Pio=Atiltrdl;elunaw lowbee : 9700 0 9U k7,4t14: _
ew WorW h 1.1 kfun 10lcnV aW t.ntorcement tiecords 21,' 20 100 14, 542,220 184
Fedor»t UCkABFi S 10,000 ; 0
0
SO
so
10,000
55,060
t'386
S683ActivityRepottingandSchexlutingS5,00D
AlmmlTratlsin0:ardde inp 581000 0 0 58,000 51,092
Career Criminal Registry (parolee, sex offender) S$,000 0 Stf 5,000 5493
CassManpgamont ..;, 551000 0 0 f5m, 5883
DataAnalysia'GtimeMappinwhionagementRepoAngfLERMSj 10,000 0 E0 SIO.OD0 1,396
NatcpticsMonagemetilAnWUigence 5810(10 Sp 581000 1;002
Pemvts 8,000 0 SO S8,ODO S1,092
New, Wofld %AWNCM01n'f Oce 9,0(10 0 so : 9910(10 51229
Egtepr)ens Tracking
World
8,000 0 S0 ss o00 SO
eW fire Records Soltware 20,WO 60 8,700 28.rjo 2,133
NFIRS69ElecbclOit:Rdpatlni S/2,t109. 4 3D 512,000 1,838
NEMSIS Electrariic Reiartitu3 1200 0 O St2,C00 1,838
CJ tealuJy9lslilgtt crttA"Ing(MMS) 38000 0 so QW 31,002
Cqup wit Tr c lido and Malmenance 8,080 0 30 8.00 1,092
Irive N L {
FRMS# : 38.040 9 0 SO 38.000 51.092
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Software Sarre Code:Esa" 3 ODD o 0 s3.Op0.
Fite Dispotch4des&Vng (20) S8,0D0 40 SUN S13,800 1,092
Drivers License Mag Stripe Reade`1Bakoili:Reader lnWrhk a 180 ) ' S8r000: 0 0 50,000 1.092
In-0er Routing (100 10,060 0 so Saw 1,365
LE:Dispptchrfzdg)ngStetetN CIC ( 80,) 532;Off0 0 0 S32;o0D 54;589
In -Car Maplrttg t AVL I OD) 15,000 0 SD 515,000 2,037
w, 'Wold AApblle aging Server s55,1S1)D bb; 59,700 : 563,70,0 Vma
CrewFace -fire Diwtch vi0i kNat1cCd Mopptttih (20) 9,500 0 SD S9.500 5895
Newwo laIru>+se 510.600 a 80 11o;9op 51;0$0
Mobility Hosling Fee s0 0 50 SD S3,I 0o
Fue Inspections (20) 52,DD0 10 52,320 4,320 5273
New Wild Feeid-Bwed Reua1 hoServer. 435.00: 120, s1r.ADD s52,4no _ i Tca:
Software Sarre Code:Esa" 3 ODD o 0 s3.Op0. 4!, 000
l ,9vr EnlorceaterN Re crnrlx hlanigentenl C>Jti Atart 1 Include, 2 t<rets 2, 6 6 s0 S2,ODD S2?a
Fav Rocord5 Mwxfgctnont DoM Wf / kKki os 2 Users 52 ODO; 0' 1273
CAD !)ata Matt f Includes 2 user 2,DD0 D So Si,60 5279
ti ve ltiry.(RfdS) 90D0`, 0' so 56,E o
6b ow- 504,900 580620 585.600 368,819,7
t _ i2 rl}^.rr=E 1.1.11i 2. i.. Loo 0.0 L
TOTAL 316,862 666 680,620 6301,672 4,000
Ser*os
Web CAD Monttot Installation Foo 11,160 su 1,100
E-911 Inta *o "opatidd Foe 1 1,740 0- 91,740
Pre•ArrivalOuestiarmireInterface Installation Fee 1 1,160 S0 1500
Encodeflntt Oc( Wtallotion Fee 1, 3;480 so 53,4®0.
NG91 i btEerlace Insiallation Fee 1 S580 Sa 580
Ori-Unc CAD ItoLTk t>; t $Pa"C1C Installs fort Fte ' 1 2,320 0 2;39{1
CADPaginglntedacolrretallationFee 1 1,100 so 1,100
SW ONClC,lrilotlace InctORiwofoo t 66.380 S6 Seim..
Messago Switch In. Wabon Support 2 2,326 so 54,040
Wq",ppafeSatuliwih1moye'SWchInstaW,OnStr,>port t 33,480 t0
Trnveland living 6 nses t 580,000 D 8D,00D
OecfsiortSuppw(SoftwareImplementationFee 3 SA,350 t9 513,OEA.
KYOPSFteldltrvestfgationlneedace 1 14,400 so 914,400
KYOP$tN1QA$JnlWx6 1 16.660 0416,090
KYOPSeCUatlonInterlace 1 12.Q00 W 12,006
KYdPS 4tosh lMar(40a 1 416.000 sa 510,NM1
Cost;&n Revere 011 • Enwwoncy Nottficat+on System Interface 1 19,400 50 S.10 60
Logging Rc tIef IWedoce 1 1,19200 311 5.19;200`
S(Hwaro System Testng 1 13.050 6 fl
bluer t R!s:parery EnvUpnment(NypdV or WWare)!o%L f,,i*i Arid ConOpumom 1 311 two S0 517,600
8landard LE and Fire Mobile Erwironmerd Qive and test) hntallolion and Configuration 1 I 1,860 0 511,000
diSbnp0erilckotibn t 310160' SO`. SID}150
Proloct Management 1 40230 i0 S40,230
Corrversions a83i0D0.
TOTAL 6382,060
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Embedded Third Party Software1
Recurring Fees
12,500 512,500 2,625 S2,625
Asn ArcGIS Err me Runhme`for CAD Workstationsg 110 i500, SS,000 S 1105 .' S1,060
Es hiobHe ii 'Car Mapping and Routing urW(s) 100 5250 S25,000 153 56250
M VP,N gottkm NetMalo Mobility (PeupeW Prlsuig) 100 445, 14, 00.. 0 3p
Motrbe VPN Software - Ne"otlon Mobility Annual M;rmterwrice 1 3,025 3,625 so 50
Ne111ok Nk*'Wgt.lo drQ6p-SariSartFnpre,".; 1> S-Rqo UddU So 0
Rapic>ldenkity em -1 Year Software Subscription S Support 10D 511 11,100 30 50
IIIsOArsMdCn O MFA SWi . d $itup- RattWte In3Re+latkxl. ` 1 54,$00 41dOQ, 4d 0
tortTrguratroh E Trarriug
1 IS OOp' S16,600
Amesls, Tidrets; end 1fUarrares
ftnp+a9dentity OTP (Hard(Son Token) Push • 1 Year Software 100 23 2,300 SO 50
Sut>scrlption R Support
Fire Records InWenl Data (Wixhzs d -.parched nppamluslpersmurel) (One Source) 1
AVL HAN-permanent miount iQ0 75 7.500. SO, so
U ntionix UDS -1100 3 175 5526 30 90
UTRON.213;Bar Co imeyer 80 3350 sn,OdI1. 0- so
Message Sw,lih (6 yew warranty) 2 13,300 28,000 so so
3rd Party Haridiswe Sub -Total
Address Re-Veifficalion
62,625
S5,000
W
3rd Party SrlPwwe Sob -Total 70,025 88( 925
Lc-,* [li rLwnl sy. 1924
TOTAL, 11321650 to
Summary One Time Fees Recurring Fees
Total Tyler Software $310,962 68,897
Total Tyler Services 5472,880
Total Other Costs so
Total Third Party Hardware, Software and Services $132,650 S8,925
Summary total $916,282 77,822
Detailed Breakdown of Conversions Lincluded In Summ= Total)
I' .t•1 r
Computer Aided Dispatch
CAD Conversion to New World Enterow CAD (One Source) 1 12,000 12,000
Low Enforcement Records Management System
Property Conversion (One Source) 1 5,000 55,000
Law Enfaremerri,Recarefs Alanegement Conversion (One Source) lncludkV, Cases lnddenta far Cpsea; 1 IS OOp' S16,600
Amesls, Tidrets; end 1fUarrares
Custom AleslsCoiwerska 1 0,060 53,00
Firs Records Management System
Fire Records InWenl Data (Wixhzs d -.parched nppamluslpersmurel) (One Source) 1 20,040 20,000
Irlepdd prrs l ortvttsian - 135,000 3,000
3nisiiws+49uiid nigsConversion 1 5300 3,000
Data File Conversion
lata Comersion Analysts and A.gsessment 1 3,000 3,000
B** Conor ion (Oro Senear); Maslen Files indrfding Maslen Name (JodelsK Addrrpssm and tdatr*tm 1 14,000 314,000
1 IndgtidS and ecw o 0 data. Does net include eyerylhing the Nww is $bike=d lo,(ad' ttcicots, arrests; ctt. )
Address Re-Veifficalion 1 S5,000 55,000
TOTAL, 83,000
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computsr Afaeq vispaton
New World Enterprise Combined LUFfre/Eht4 CAD
Bt`3tit]g
CAD Auto Routing
CAU AVL
Service Vehicle Rotation {Wrecker, Ambulance)
Web CAD Monlfar
CAD Paging Interface
11 tnietfaod
NG011 Interface (beat to 011)
06w tree CAD nteiiaca 16Sta &I IC
EncoikrIntettwe
Prrc•'Arrival tlueti im Wdace;
Law 6iorc riHnt Records Wlanagimv4 System
New Wald Mult6Juisdec6onal Law Enforcement Records
Federal UMWR
Adwq Reporting and Scheduling
A1a1ti'7!odilnst Itlpirlg
Career Criminal Registry {paiolee, sex offender)
Case Nlarlagcmerht
Data AriatyshtCnme Mappinotanagement RepWax (LCR1A5)
Narcoticstgana pcln r!U rifaltrgcncoj' '
Pemets
NewVVoWSW NQC1Merfaca
Equipment TrarJdng
Fin Records Management System
New World Fire Records Software
NFIRS 6.0 Electronic ReporlMtg`
NEh18ts C1e rorty R"W-V
Aala Ar ,tyslskMmwOernanl RoporlIng (FRMS)
Egvlprnent Tra' WV and Malnlell3lKe
In*nbory tFWMS)'
Moblie
Fire DispatchtMessaging
Drivers License Mag Stripe Reoderf[farcode Reader interface
ln Car Routing
E,DispatchrMes A9in takelNCf G
In -Car Mapping 1 AVL
Newwork! Mobile hlestuov Server
CrowFbrce - Ffre Dfs;Wch Nath Advanced Mappin0
Ne+rwool Mob*$eeye(
Mobility Hosting Foo
FWd Reporting
Fre 6upections
Neer world Field -Based Ropating Sarver
Other Sohwars
Workstation License
poltarife %urce (`,Odd Escrow.
Lrnv Enforcement Records Management Data Mart I Includes 2 users
Free Records Manogement Data !dart J Incudes 2 users:
CAD Data Mart i Incudes 2 users
Uw"A W(RMS)
trb-TrX:N
50,740 517,769 32,981 8.928
58,000 S9,p00 50 _ i0
S7,000 2,450 54,550 5.x,6
7,000 2,450 54,5,`+0 954
7,000 Wino 4,550 5956
slop0 3.500 46,500 1;3NS
7.000 2A60 4,660 5556
700 62,450 54,560: 956.
S10,000 53,500 S$,500 51,385
0)IM 52 400. 53,91x1 3610
7,000 2,450 4,650 955
7,000 42,450 54,650 sm
527,720 8,702 18,018 3,784
10,000 33,600 4000 51VA
5,000 1,760 S3,250 Sfi1f3
3t1A00 tR-AW 44,x00 Si,092
S6,000 1,160 53,250 S68a
5.000 41,09: 53,2($0 5883'
10,000 3,540 0,400 1,365
8.00t} 2,600 20o 1.062
58,000 S2,800 5,200 51,092
39,000 53,150 SM59 5129
38.000 8,000 SO 30
20,(120 51,007 13,013 2,733
Si7O00 61,200 1)716D0. Yt,f338
12,000 4,200 S1,800 1,638
58,000 2,800 Segix 1.082
58.000 2,800 5,206 51,092
38,000 42;800 S5,200 1.092
8,000 32,800 5,200 S1,092
Ste M 52;600 56;20p 1,002;:
510,000 3,500 50,500 1,365
WOO 511,200 520,800, 4,360
S16,000 35,300 9,7DD 2,037
SW.W0 s A00 3611150 108
9,500 4,760 54,740 554)5
10,000 361000 S6,0o0 I,"
50 0 SO 53,000
2.000 700 1,300 S273
5351000 12,250 221760 54,778
So So So 0
53,000 1,040 i ow 1;000
S2,000 700 56014 S273
Sxt 0 00 51,300 5x75,
S2,000 100 51,300 073
8,000 56,060 0 30
04,M 104,028 310,952 60,897
504.980 194,028 310,952 60.897
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0
0tyles
18
Assumptions
Personal Computers trust meet the miniouhm hardware requiternents foe New World products fttrcroson Windows 719 or tater Is required for all client machines
Windows 200e12012 Server and SOL Server 2t1D8r2012 are required for the Application and Database Server(s).
New Workd ptafoct fegrwei Microsoft Windrrws 2W912012 Server and SOL Server 20ON012 Including required CW4 Access Llcertsea (CAI,$) for applicable
Microsoft products. Servers must moot minimum hardware requirements provided by Tyler.
New World product requires Ricrosott Excel or Windows Search 4.0 for document searching fundionafty; Microsoft Word is required on the application server for
report formattingTylerrecommendsa10011000MO (1313) Ethernet network fa the focal area network Wife area network requirements vary based on system configuration, Tyler
will provide further consultation, for this environment
Von not Incaile servers, woMstallons, or alar required third -patty harcAvare or software unless specified In this Investment Summary. Cuslomer is responsitte for
any third -party support.
Licensed Software, and third party sotlware embedded therein, of any, will be delivered in a machine readable form to Customer via an agreed upon network
coiuveclion. Any taxes or tees imposed are the resperhseibi44y of the purcha*er and wdl be remilled when Imposed
Tyler's GIS impfemenlabon services am to assist the Custom" in preparing the required GIS data for use with the Licensed Now World Software: Depending
upon the licensed Software tie Cualomer al a nuninuirn will tie required to provide in accurate street oenleitwhe layer :and tee appropriate poffg an tners tw-v d
for U61 Recommendations and Run Cards in an industry standard Esti file format (Personal Geodauabase, Fite Geodatabase, Shape Files). Customer is
responsible for having rievty defined boundaries for Police Deals, EMS Districts and Fire 4hiadrants, If necessaryTyler will assist Customer In creating the
necessary polygon layers (Police Beats, EMS Districts and Fire Ouadrants) for Unit Recommendations and Run Cards Tyler is not responsible for the accuracy
of or any ongoing inainterance of the GIS data used within the Licensed New World Software.
Client is responsible for any ongoing annual maintenance on lhed-party products, and is advised to contact the third -party vendor to ensure understanding of and
compliance wilt) am maintenance requmments
All Tyler Customers are requiter! to use Exits Aru;013 Suite to mawitain GIS data. All mamleilwince, training and ongoing support of this product will be contracted
with and conducted by Esd. Maintenancie for Bits ArcGIS seise of products that are used for naintairng Cuslomer•s GIS data will be contracted by Customer
separately with Esti
Unless a Workstation License Is Included, Now Watd CAD Includes 6licenses.
Requires West hardware at each woikslatoon respondrxg to texas, not included in proposal
Unless a Workstation License is Included, Now Ward Law Enforcement Records includes 18 licenses.
Federal UCR;lBR includes edits, reports and electronic submission.
UNes . a Workvalion License is Inckiled, New Wall Fire Records Includes N kcenses
Diweis Lkense Mag Stripe ReaderiMiruode Reader requires third -party equipment or fivdwue, Ck4A must piovule magnelic slrlpei21) encoding forniat
AVL roquires THIRD (rorty OPS luudwiue
New Wald CrowFace client saftwvue supports Apple Whono 0.S, IPad Air 2 or neuter, aped htini 4 or newor and IPad Pro, and IOS 10.2.1 or latest version
Configuration and end user trairmmg for Decision Support. Software to occur after Client has been We for 3 momhs or longer an an appkcalicn. Classes aro bruited
to 10 uaxre+es maximums; service Ned travel eases will be Incurred flu additional cllrse9
Custom Interface will be olimtiawl wit1% exi.Ong third party software. Any subsequent changes to third party apxlicollons may require additional services,
Rapldldcntity, is licensed on an annual subscription basis and most be renewed upon form expiration; perpetual bconsing Is not ovailablo.
Other than for Mobile Software, a Workstation License fee up to 50 users is included for the ExhibA A Licensed StandardSoftware. The Workstation License
Includes the City of Paducah and McCracken County, Kentucky, as autbonzed users
Travel and living expenses cover 36 trips.
This hnvostmrnt Summary mchxfe n 15-rixWh no-cnsl vrarmnly petiod fron Effective Wto
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ytjhr aln ies
Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary. Capitalized terms
not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable license and services fees in the Investment Summary as set
forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. Tyler Software, Professional Services and Third -Party Products. Software, services and third -party
products and services, as described in Exhibit A, will be billed and invoiced according to the following
milestones:
DescriptionMilestoneEvent
So ware
Software License Fee (Invoiced 100% upon Effective Date) 310,952
Services
Complete and Approve the Project Plan 98,170
Base System Install (including CAD, Mobile, Message Switch and GIS) 98,170
Conduct End User Training 117,804
Conduct Cutover to Live Operations: Go -Live 39,268
Conduct Final Acceptance 39,268
Travel and Living Expenses (35 trips) - Invoiced $4,444/monthly over 18 -month
project duration 80,000
3rd Party Hardware and Software
3rd Party Software — Individual license fees for Third Party Software will be
invoiced when we make it available to you for downloading 70,025
3rd Party Hardware — Individual Third -Party Hardware costs will be invoiced upon
delivery
62,625
TOTAL: 916,282
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2. Maintenance and Support Fees
2.1 Maintenance and Support Fees (including Esri and Embedded Third Party Software): Year 1
maintenance and support fees are waived for fifteen (15) months from the Effective Date. The
annual Year 2 maintenance and support fee listed in the Investment Summary will be pro -rated for
the remaining 9 months, and are payable on the expiration of the fifteen -month waiver.
Subsequent maintenance and support fees, at our then -current rates, are invoiced annually in
advance of each anniversary thereof.
3. Other Services and Fees.
3.1 Hosting Fees: Hosting fees for the Tyler Software identified on the Investment Summary are
invoiced annually in advance, beginning on the Effective Date and will renew automatically for
additional one (1) year terms at our then -current Hosting Service fee, unless terminated in writing
by either party at least thirty (30) days prior to the end of the then -current term.
3.2 Escrow: We will invoice you the set-up fee and the first annual beneficiary fee for the Escrow as set
forth in the Investment Summary, within ten (10) days of the Effective Date. Subsequent
beneficiary fees are invoiced annually in advance of each anniversary thereof.
3.3 Third Party Software Maintenance/Subscription: The first-year maintenance and/or subscription
fees for the Third -Party Software, if any, is invoiced when we make that Third Party Software
available to you for downloading.
4. Expenses. Travel expenses will be billed at a fixed cost for thirty-five (35) trips at a cost of $80,000.
Travel expenses will be invoiced in equal monthly increments at $4,444 over 18 -month project
duration, beginning on the Effective Date. Should Client request additional trips, Tyler will provide the
Client with a quote and the parties will enter into an addendum to cover the additional travel costs in
accordance with our then -current Business Travel Policy. Our current Business Travel Policy is
attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request; we reserve
the right to charge you an administrative fee depending on the extent of your requests. Receipts for
miscellaneous items less than twenty-five dollars and mileage logs are not available.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to
receive payments electronically. Our electronic payment information is:
Bank: Wells Fargo Bank, N.A.
420 Montgomery
San Francisco, CA 94104
ABA: 121000248
Account: 4124302472
Beneficiary: Tyler Technologies, Inc. —Operating
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i
o !ertytechnologies
Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
Tyler's Travel Management Company (TMC) will provide an employee with a direct flight within two
hours before or after the requested departure time, assuming that flight does not add more than three
hours to the employee's total trip duration and the fare is within $100 (each way) of the lowest logical
fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within
two hours before or after the requested departure time and that does not add more than three hours
to the employee's total trip duration, the connecting flight should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2)
weeks in advance of commitments. A seven day advance booking requirement is mandatory. When
booking less than seven days in advance, management approval will be required.
Except in the case of international travel where a segment of continuous air travel is scheduled to exceed
six hours, only economy or coach class seating is reimbursable.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
Up to five days = one checked bag
Six or more days = two checked bags
Baggage fees for sports equipment are not reimbursable.
2. Ground Transportation
A. Private Automobile
Mileage Allowance — Business use of an employee's private automobile will be reimbursed at the current
IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the
employee's office as the starting and ending point, in compliance with IRS regulations. Employees who
have been designated a home office should calculate miles from their home.
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B. Rental Car
Employees are authorized to rent cars only in conjunction with airtravel when cost, convenience, and the
specific situation reasonably require their use. When renting a car for Tyler business, employees should
select a "mid-size" or "intermediate" car. "Full" size cars may be rented when three or more employees
are traveling together. Tyler carries leased vehicle coverage for business car rentals; additional insurance
on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and from
airports when less expensive means of transportation are unavailable or impractical. The actual fare plus
a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are
included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in days as
opposed to hours. Park and fly options located near some airports may also be used. For extended trips
that would result in excessive parking charges, public transportation to/from the airport should be
considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler's TMC will select hotel chains that are well established, reasonable in price, and conveniently located
in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn,
Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel
reservation should note that discount and the employee should confirm the lower rate with the hotel
upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles
so that the employee can take advantage of any lower club rates.
No shows" or cancellation fees are not reimbursable if the employee does not comply with the hotel's
cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status are in accordance with the federal per
diem rates published by the General Services Administration. Incidental expenses include tips to maids,
hotel staff, and shuttle drivers and other minor travel expenses. Per Diem rates are available at
www.gsa.gov/perdiem.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip
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are governed as set forth below.
Departure Dav
Depart before 12:00 noon
Depart after 12:00 noon
Return Dav
Return before 12:00 noon
Return between 12:00 noon & 7:00 p.m.
Return after 7:00 p.m.*
Lunch and dinner
Dinner
Breakfast
Breakfast and lunch
Breakfast, lunch and dinner
7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as
follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on
an expense report. Employees on same day travel status are eligible to claim dinner in the event they
return home after 7:00 p.m.*
7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner
5. Internet Access— Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high speed
internet access and Tyler employees are encouraged to use such hotels whenever possible. If an
employee's hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet
access at airports are not reimbursable.
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11•Y!tyetechnologies
Exhibit C
Maintenance and Support Agreement
We will provide you with the following maintenance and support services for the Tyler Software. Capitalized
terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Term. We provide maintenance and support services on an annual basis. The initial term commences on
the Effective Date, and remains in effect for fifteen months. The term will renew automatically for
additional one (1) year terms unless terminated in writing by either party at least thirty (30) days prior to
the end of the then -current term.
Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software are
listed in the Investment Summary, and your payment obligations are set forth in the Invoicing and
Payment Policy. We reserve the right to suspend maintenance and support services if you fail to pay
undisputed maintenance and support fees within thirty (30) days of our written notice. We will reinstate
maintenance and support services only if you pay all past due maintenance and support fees, including all
fees for the periods during which services were suspended.
3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our
training services on the Tyler Software, and you timely pay your maintenance and support fees, we will,
consistent with our then -current Support Call Process:
3.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner,
consistent with industry standards, to resolve Defects in the Tyler Software (limited to the then -
current version and the immediately prior version); provided, however, that if you modify the Tyler
Software without our consent, our obligation to provide maintenance and support services on and
warrant the Tyler Software will be void;
3.2 provide telephone support during our established support hours;
3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party
Software, if any, in order to provide maintenance and support services;
3.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates and
enhancements) that we make generally available without additional charge to customers who have a
maintenance and support agreement in effect; and
3.5 provide non -Defect resolution support of prior releases of the Tyler Software in accordance with our
then -current release life cycle policy.
4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support
tylerClean) Paducah KY - License and Services Agreement (911) - 03.23.2018.docx ::••
25
services remotely. Therefore, you agree to maintain a high-speed internet connection capable of
connecting us to your PCs and server(s). You agree to provide us with a login account and local
administrative privileges as we may reasonably require to perform remote services. We will, at our option,
use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably
applicable security protocols. If we cannot resolve a support issue remotely, we may be required to
provide onsite services. In such event, we will be responsible for our travel expenses, unless it is
determined that the reason onsite support was required was a reason outside our control. Either way, you
agree to provide us with full and free access to the Tyler Software, working space, adequate facilities
within a reasonable distance from the equipment, and use of machines, attachments, features, or other
equipment reasonably necessary for us to provide the maintenance and support services, all at no charge
to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes.
S. Hardware and Other Systems. If in the process of diagnosing a software support issue it is discovered that
one of your peripheral systems or other software is the cause of the issue, we will notify you so that you
may contact the support agency for that peripheral system. We cannot support or maintain Third Party
Products except as expressly set forth in the Agreement.
In order for us to provide the highest level of software support, you bear the following responsibility
related to hardware and software:
a) All infrastructure executing Tyler Software shall be managed by you;
b) You will maintain support contracts for all non -Tyler software associated with Tyler Software (including
operating systems and database management systems, but excluding Third -Party Software, if any); and
c) You will perform daily database backups and verify that those backups are successful.
6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a)
initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless
Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d)
other consulting services; (e) maintenance and support of an operating system or hardware; (f) support
outside our normal business hours as listed in our then -current Support Call Process; or (g) installation,
training services, or third party product costs related to a new release. Requested maintenance and
support services such as those outlined in this section will be billed to you on a time and materials basis at
our then current rates. You must request those services with at least one (1) weeks' advance notice.
7. Current Support Call Process. Our current Support Call Process for the Tyler Software is provided Schedule
1 to Exhibit C.
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0
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s technologies
Exhibit C
Schedule 1
Support Call Process
If, after you have cut over to live production use of the Tyler Software, you believe that the Tyler Software is
Defective, as "Defect" is defined in the Agreement, then you will notify us by phone, in writing, by email, or
through the support website. Please reference http//www.tylertech.com/client-support for information on how to
use these various means of contact.
Documented examples of the claimed Defect must accompany each notice. We will review the documented
notice and when there is a Defect, we shall resolve it at no additional cost to you beyond your then -current
maintenance and support fees.
In receiving and responding to Defect notices and other support calls, we will follow the priority categorizations
below. These categories are assigned based on your determination of the severity of the Defect and our
reasonable analysis. If you believe a priority categorization needs to be updated, you may contact us again, via
the same methods outlined above, to request the change.
In each instance of a Priority 1 or 2 Defect, prior to final Defect correction, the support team may offer you
workaround solutions, including patches, configuration changes, and operational adjustments, or may
recommend that you revert back to the prior version the Tyler Software pending Defect correction.
a) Priority 1: A Defect that renders the Tyler Software inoperative; or causes the Tyler Software to fail
catastrophically.
After initial assessment of the Priority 1 Defect, if required, we shall assign a qualified product
technical specialist(s) within one business (1) hour. The technical specialist(s) will then work to
diagnose the Defect and to correct the Defect, providing ongoing communication to you concerning
the status of the correction until the Tyler Software is operational without Priority 1 defect.
The goal for correcting a Priority 1 Defect is 24 hours or less.
b) Priority 2: A Defect that substantially degrades the performance of the Tyler Software, but does
not prohibit your use of the Tyler Software.
We shall assign a qualified product technical specialist(s) within four (4) business hours of our receipt
of your notice. The product technical specialist will then work to diagnose and correct the Defect.
We shall work diligently to make the correction, and shall provide ongoing communication to you
concerning the status of the correction until the Tyler Software is operational without Priority 2
Defect.
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tyler
27
The goal for correcting a Priority 2 event is to include a correction in the next Tyler Software release.
N Priority 3: A Defect which causes only a minor impact on the use of the Tyler Software.
We may include a correction in subsequent Tyler Software releases.
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ty!ertel1riologies
Exhibit C
Schedule 2
Escalation Process
CLIENT -FACING ESCALATION PROCESS
Client may contact the following resources for management level issue resolution escalation:
a) Director of Support Services
b) Vice President of Client Success
c) Senior Vice President/C00
TYLER -INTERNAL ESCALATION PROCESS
Tyler's internal escalation process applicable to Priority 1 Events is as follows:
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Action OwnerCritical
Escalation
0 Hours Initial report of the issue comes into support via phone Software Support Specialist
during regular business hours or to our 240 after hour
emergency support team. The specialist reviews the
issue and quickly determines if they can restore service
quickly.
30 Minutes or If the system is not restored within the first 30 minutes Software Support Specialist;
Less of the initial reported call, the case is escalated to Software Support Analyst -
Tyler's L3 engineering team for review and L3 Team); Application Team
management in support is notified. Lead; Support Manager
2 Hours If the L3 team analyst is unable to restore service or Software Support Specialist;
identify a suitable workaround within a two-hour Software Support Analyst -
period, an emergency escalation takes place to our L3 Team); Application Team
development management team for assistance. All of Lead; Support Manager;
support management, client success management and Development Managers;
development are notified up to the executive level. Director of Support Services; VP
of Client Success; VP of
Technology
4 Hours — If there is no suitable workaround or resolution to the Software Support Specialist;
Resolution or issue within 4 hours, the development management Software Support Analyst -
Workaround is team and support services teams will continue to L3 Team); Application Team
Met engage other resources both internally and outside of Lead; Support Manager;
Tyler (e.g., VM Ware, Microsoft, ESRI) as needed until Development Manager; Director
resolution or suitable workaround is in place. of Support Services; VP of Client
Success; VP of Development; Sr.
VP of Operations
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o tyteoiinologies
Exhibit D
Statement of Work
We will deliver the services set forth in the Investment Summary as set forth in the Agreement and, as
applicable, as further detailed in this Statement of Work. Except as expressly stated in the Agreement,
none of the services we provide you under the Statement of Work are services related to hardware or
third -party products. Whenever possible, we will provide services remotely so as to control travel
expenses. All service fees and expenses are payable according to the Invoicing and Payment Policy.
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0
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Exhibit D
Schedule 1
Professional Services
1. Prosect Management Services
We shall act as Project Manager to assist you in implementing the Tyler Software. Project Management Services
include:
a) Developing an Implementation Plan;
c) Providing revised Implementation Plans (if required);
d) Providing monthly project status reports; and
e) Facilitating project status meetings
a project review (kickoff) meeting at your location
progress status meeting(s) during implementation via telephone conference or at
your location; and
a project close-out meeting at your location to conclude the project.
f) Consultation with other vendors or third parties, if necessary.
Implementation and Training Support Services
Implementation and training support services have been allocated forthis project as described in the Investment
Summary. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the
amount allocated. The recommended implementation and training support services include:
a) implementation of the Tyler Software;
b) Training you or assisting with your training on the Tyler Software; and
c) tailoring of Tyler Software by our technical staff and/or consultation with our technical
staff.
The project management, implementation and training support services provided by us may be performed at
your premises and/or at our headquarters in Troy, Michigan (e.g., portions of project management are
performed in Troy).
3. Interface and/or Fixed Installation Services
We shall provide interface installation services as described in the Investment Summary.
Our GIS implementation services are to assist you in preparing the required GIS data for use with the Tyler
Software. At a minimum, you will be required to provide an accurate street centerline layer and the appropriate
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31
polygon layers needed for Unit Recommendations and Run Cards in an industry standard ESRI file format
Personal Geodatabase, File Geodatabase, Shape Files). You are responsible for having clearly defined
boundaries for Police Beats, EMS Districts and Fire Quadrants. If necessary, we will assist you in creating the
necessary polygon layers (Police Beats, EMS Districts and Fire Quadrants) for Unit Recommendations and Run
Cards. We are not responsible for the accuracy of or any ongoing maintenance of the GIS data used within the
Tyler Software.
4. Hardware Quality Assurance Service
We shall provide Hardware Systems Assurance of your .NET server(s).
a) Hardware Quality Assurance Services (Disaster Recovery Environment):
Hardware Systems Assurance and Software Installation:
Assist with High Level System Design/Layout
Validate Hardware Configuration and System Specifications
Validate Network Requirements, including Windows Domain
Configure Disaster Recovery (VMware SRM)
Install Operating System and Apply Updates
Install SQL Server and Apply Updates
Install New World Applications Software and Apply Updates
Establish Base SQL Database Structure
Configure System for Electronic Customer Support (i.e. NetMeeting)
Tune System Performance Including Operating System and SQL Resources
Test High Availability/Disaster Recovery Scenarios (if applicable)
Provide Basic System Administrator Training and Knowledge Transfer
Document Installation Process and System Configuration
S. Message Switch Operating SVstem Assurance Service
We shall provide Message Switch Operating System Assurance, which includes:
Message Switch Operating System Assurance Services (Warm Spare/Disaster
a
Recovery Environment):
Operating System Assurance and Software Installation Services:
Unpack and Assemble Hardware as Needed
Verify Core Hardware Functionality
Install and Update AIX Operating System
Install and Update Applicable System Manual Pages
Set AIX Environment Variables
Build System User -IDs and Authorizations
Install and Stage Message Handler and Compilers
Verify and Allocate Disk Space
Mirror Hard Drives and Boot Sequencing
Install Customer -Specific Communication Processes
Compile New World Message Switch Programs
Install Base Message Switch Data Tables
Install Automated Process Restart Script(s)
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Configure Remote Procedure Calls for Disaster Recovery
Configure Failover Scripting
Install Full System Backup Process
Install System Support Scripts
Install State Specific Programs and Scripts
Install State Specific Data Tables
Assure Message Switch Operation
Disassemble, Package and Ship to Customer
6. Decision Support Systems (DSS) Implementation Services
We will provide you with implementation of licensed DSS software modules. The implementation will include
installation, training, and configuration of DSS modules. The recommended implementation and training shall
include:
a) One or more consultative session(s) (onsite) with executive command staff to discuss data needs and
information requirements for decision making. You are responsible for ensuring that appropriate
command level personnel/decision makers are available for this session.
b) Solution design and review sessions to document and collaboratively analyze tools and dashboards to
assist with data needs and decision making as discussed during the consultative session(s). Your sign off
will be required on agreed upon requirements of reporting cubes and dashboards.
c) Installation and configuration of DSS software.
d) On-site training session(s) to provide an overview of using each DSS licensed module including basic
reporting and dashboard creation and other standard features.
e) Installation of your specific reporting cube(s) and dashboards) as agreed upon during solution design
and review. Enhanced package includes up to 12 reporting cube(s) or dashboard(s).
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Exhibit D
Schedule 2
Data File Conversion Assistance
We will provide conversion assistance to you to help convert the existing data files specified below. If additional
files are identified after contract execution, estimates will be provided to you prior to us beginning work on
those newly identified files.
General
1. A data conversion analysis and assessment to verify the scope of effort for the project will be
conducted. A revised cost estimate for the data conversion may be provided at the conclusion of the
assessment. You may elect to cancel or proceed with the conversion effort based on the revised
estimate.
2. This conversion effort includes data coming from one unique database or source, not multiple sources.
3. No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort.
Any data cleansing, removal of duplicate records, or editing must take place by you prior to providing
the data to us.
Our Responsibilities
1. We will create and provide you with a conversion design document for signoff prior to beginning
development work on the data conversion. No conversion programming by us will commence until
you approve this document.
2. We will provide the data conversion programs to convert your data from a single data source to the
Tyler Software for the specified files that contain 500 or more records.
3. As provided in the approved project plan for conversions, we will schedule on-site trips to your
location in order to conduct the following:
a. Conversion Analysis,
b. Assistance for Mapping and Testing, and
c. Conversion Go -Live Implementation and Support
You will be responsible for travel expenses as set forth in the Invoicing and Payment Policy.
4. We will provide you up to three (3) test iterations of converted data. One test iteration consists of:
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a. Running a conversion test in your test environment,
b. Your reviewing a conversion test and responding in writing to us (see Client responsibilities
paragraph 3 below),
c. We correct or otherwise respond to issues discovered and reported by you,
d. We will conduct internal testing to verify corrections, and
e. Both parties planning for the next test iteration and/or the live
implementation.
5. Tyler will provide warranty coverage for any conversion -procedure -related issue reported by Client to
Tyler within thirty (30) days after the conversion is run in the live database.
Client Responsibilities
1. You will extract data from the legacy system to submit to us. Data will be submitted to us in one or
more of the following formats:
a. AS/400 files (SAV files),
b. Microsoft SQL Server database,
c. Microsoft Access database,
d. Microsoft Excel spreadsheet,
e. Visual Fox Pro database or similar format (.dbf files),
f. An ASCII -format delimited text file (including embedded column headings and text
delimiters), or
g. An ASCII -format fixed -width file (along with structured column definitions in an electronic
format suitable for parsing, such as a spreadsheet or document table).
Data may be delivered using any common media or data -delivery format such as %-inch tape (AS400),
Ultrium 1 Tape (AS/400), CD, DVD, USB device, hard drive, or FTP server.
In the event that you request data extraction assistance from us, data extraction services shall be billed
at our then -current rates, according to the Agreement.
2. You will respond to each test iteration in writing, on a form provided by us, either:
a. Indicating acceptance that the Data Conversion Process is ready for the final conversion, or
b. Indicating a list of changes that need to be applied to the Data Conversion Process for the
next test iteration.
Up to three (3) test iterations are provided as part of the Data Conversion Process. After the third (3rd)
test iteration, you shall pay our then -current flat fee for each additional test iteration. You will
promptly review each test iteration when delivered by us. Prompt review by you will reduce the
likelihood that a need for additional test iteration(s) may arise due to an extended delay between
delivery of a test iteration and its review.
3. A data dictionary (data descriptors) containing all data elements must be provided to us for each file
submitted with the media.
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4. As provided in the project plan for conversions, you will provide a dedicated resource in each
application area to focus on conversion mapping and testing. This includes dedicating a support
person(s) whenever our staff is on site regarding conversions. Roughly a one to one ratio exists for
your commitment and our commitment. You understand that thorough and timely testing of the
converted data by your personnel is a key part of a successful data conversion.
5. You agree to promptly review and signoff on both the conversion design document, and on the final
conversions after appropriate review.
Only one data source for each of the files described in the Investment Summary.
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Exhibit D
Schedule 3
Customer Requested Standard Software Enhancements and/or Custom Software
1. Definition
We will provide you requested standard software enhancements and/or custom software services as discussed
below. You agree to cooperate in limiting the scope of those modifications and enhancements, as described
below.
An analysis and assessment to verify the scope of effort for these services will be conducted. A revised estimate
for the enhancements/customizations may be provided at the conclusion of the assessment. You may elect to
cancel or proceed with the enhancements/customizations based on the revised estimate.
Capabilities included in the initial scope:
a) Custom Software/Interface(s)
While we will provide reasonable consultation, you are responsible for obtaining
technical contacts and/or technical specifications from the third parties involved.
1) KYOPS Field Investigation Interface:
Tyler Technologies will provide an interface that will import field investigation data
from KYOPS to New World Public Safety Law Enforcement Record.
2) KYOPS eNIBRS Interface:
Tyler Technologies will provide an interface that will import case data from KYOPS
to New World Public Safety Law Enforcement Records.
3) KYOPS eCitation Interface:
Tyler Technologies will provide an interface that will import ticker data from KYOPS
to New World Public Safety Law Enforcement Records.
4) KYOPS eCrash Interface:
Tyler Technologies will provide an interface that will import crash data from KYOPS
to New World Public Safety Law Enforcement Records.
5) Cassidian Reverse 911— Emergency Notification System Interface:
Tyler Technologies will provide an interface that will export call for service data
from New World Enterprise CAD to Cassidian Reverse 911.
6) Logging Recorder Interface:
Tyler Technologies will provide an interface that will export call for service data
from New World Enterprise CAD to Sound Communications Audio Log.
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2. Methodology to Provide Enhancements and/or Custom Software
a) Our Responsibility
As part of our delivery of these services, we will:
1) Review the required features for the items set forth in paragraph 1, above, with you.
2) Prepare a Requirements Document (RD) to include:
Detailed description of the required feature
menu samples
screen samples
report samples
3) Conduct the programming and programming test.
4) Provide the associated in -scope training, testing and/or other support services.
For an enhancement or custom software requiring over seven (7) days of services, we will utilize the
design document procedure described below. For enhancements or custom software that require
less than seven (7) days of services, we will use a Request for Service (RFS) procedure. Both
procedures are reviewed with you at a pre -installation planning meeting. The RFS procedure utilizes
a form with a narrative description and supporting documentation if applicable to define the work
to be done.
b) Design and Development Procedure
Activity Targeted Time
Period
1) We will work with your staff in completing the RD. You To be determined
agree to be reasonable and flexible in not attempting to
design the modifications to be more extensive than called
for in the scope (cost and schedule) of this project.
2) We submit completed RD to you. To be determined
3) You will review and sign off on the RD. Once you sign off To be determined
on the RD, any subsequent changes must be documented
along with the impact on pricing and schedule, if any. No
programming will be done by us until the formal sign -off
and your authorization to proceed in writing.
4) We complete programming from RD and provide the To be determined
associated deliverable to you.
5) You test software modification based on RD. To be determined
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3. Third Party Responsibilities
a) The third -party will provide a documented API that will allow access to required data via a file
transfer, web service, or TCP/IP.
b) We will not be responsible for making any modification in the 3rd party software to support this
interface.
c) The third -party will work with us and you to test the interface.
The custom interfaces we agree to deliver to you under this Agreement are set forth in the Investment Summary
and in the Interface Control Documents listed on the following pages:
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Interface Control Document (ICD)
Padukah, KY
Interface Cassidian Reverse 911 Call Export
Direction Export
Third Party Cassidian
Record Type Call for Service
Detailed Description Tyler Technologies will provide an interface that will export call for service data from New
World Enterprise CAD to Cassidian Reverse 911.
The export of data will be a batch process that will occur at a frequency configurable by the
customer. The interface will support one transfer method and format. Data may be transmitted
as a file, through a web service, as a TCP message or other agreed upon protocol.
The interface will be limited to fields that exist in New World Enterprise CAD. No new fields
will be added to the database or user screen.
Interface KYOPS Case (eNIBRS) Import
Direction Import
Third Party KYOPS
Record Type Case
Detailed Description Tyler Technologies will provide an interface that will import case data from KYOPS to New
World Public Safety Law Enforcement Records.
The interface will attempt to match the inbound subject and vehicle data with existing records
in New World. When a match is not found, a new record will be created. If a pdf document is
included with the data, the document will be attached to the record.
The import of data will be a batch process that will occur at a frequency configurable by the
customer. The interface will support one transfer method and format. Data may be transmitted
as a file, through a web service, as a TCP message or other agreed upon protocol.
The interface will be limited to fields that exist in the New World Law Enforcement Records.
No new fields will be added to the database or user screen.
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Interface KYOPS eCitation Import
Direction Import
Third Party KYOPS
Record Type Ticket
Detailed Description Tyler Technologies will provide an interface that will import ticker data from KYOPS to New
World Public Safety Law Enforcement Records.
The interface will attempt to match the inbound subject and vehicle data with existing records
in New World. When a match is not found, a new record will be created. If a pdf document is
included with the data, the document will be attached to the record.
The import of data will be a batch process that will occur at a frequency configurable by the
customer. The interface will support one transfer method and format. Data may be transmitted
as a file, through a web service, as a TCP message or other agreed upon protocol.
The interface will be limited to fields that exist in the New World Law Enforcement Records.
No new fields will be added to the database or user screen.
Interface KYOPS eCrash Import
Direction Import
Third Party KYOPS
Record Type Accident
Detailed Description Tyler Technologies will provide an interface that will import crash data from KYOPS to New
World Public Safety Law Enforcement Records.
The interface will attempt to match the inbound subject and vehicle data with existing records
in New World. When a match is not found, a new record will be created. If a pdf document is
included with the data, the document will be attached to the record.
State specific data will not be imported. The import will be limited to the following data:
Date and time
Location
People and offices
Vehicles
The import of data will be a batch process that will occur at a frequency configurable by the
customer. The interface will support one transfer method and format. Data may be transmitted
as a file, through a web service, as a TCP message or other agreed upon protocol.
The interface will be limited to fields that exist in the New World Law Enforcement Records.
No new fields will be added to the database or user screen.
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Interface KYOPS Field Investigation Import
Direction Import
Third Party KYOPS
Record Type Field Investigations
Detailed Description Tyler Technologies will provide an interface that will import field investigation data
from KYOPS to New World Public Safety Law Enforcement Records.
The interface will attempt to match the inbound subject and vehicle data with existing records
in New World. When a match is not found, a new record will be created. If a pdf document is
included with the data, the document will be attached to the record.
The import of data will be a batch process that will occur at a frequency configurable by the
customer. The interface will support one transfer method and format. Data may be transmitted
as a file, through a web service, as a TCP message or other agreed upon protocol.
The interface will be limited to fields that exist in the New World Law Enforcement
Records. No new fields will be added to the database or user screen.
Interface Sounds Communications Audio Log Call Export
Direction Export
Third Party Sound Communications
Record Type Call for Service
Detailed Description Tyler Technologies will provide an interface that will export call for service data from New
World Enterprise CAD to Sound Communications Audio Log.
The export of data will be a batch process that will occur at a frequency configurable by the
customer. The interface will support one transfer method and format. Data may be transmitted
as a file, through a web service, as a TCP message or other agreed upon protocol.
The interface will be limited to fields that exist in New World Enterprise CAD. No new fields
will be added to the database or user screen.
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Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Fleet Maintenance Service Agreement between the City of Paducah Fleet Division and the
Smithland Fire Department - C YARBER
Category: Municipal Order
Staff Work By: Jim Scutt, Debbie Collins
Presentation By: Chris Yarber
Background Information: On May 24, 2022, a Fleet Maintenance Service Agreement was entered into for
the City of Paducah Fleet Division to provide all professional labor, materials, equipment, and operations
necessary for scheduled maintenance, upkeep, repair and preventive maintenance, pursuant to the fee schedule
for the Smithland Fire Department.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approve a Municipal Order for the Fleet Maintenance Service Agreement for the
City of Paducah Fleet Division to provide all professional labor, materials, equipment, and operations
necessary for scheduled maintenance, upkeep, repair and preventive maintenance, pursuant to the fee schedule
for the Smithland Fire Department.,
Attachments:
1.MO - agree-fleet maintenance services –Smithland Fire Department
2.Service Agreement - Smithland
3.Service Agreement labor rates
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE,
MOTORIZED EQUIPMENT AND EMERGENCY APPARATUS SERVICE
AGREEMENT WITH THE SMITHLAND FIRE DEPARTMENT, TO PROVIDE
FLEET MAINTENANCE SERVICES AT HOURLY RATES AND AUTHORIZING
THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME
WHEREAS, the City of Paducah wishes to enter into a Fleet Maintenance Service
Agreement with Smithland Fire Department for the City of Paducah Fleet Department to provide
fleet services at hourly rates.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the Board of Commissioners hereby authorizes the Mayor to
execute the City of Paducah Fleet Maintenance, Motorized Equipment and Emergency
Apparatus Service Agreement (hereinafter the “Agreement”) with the Smithland Fire
Department in substantially the form attached hereto and made part hereof (Exhibit A).
SECTION 2. That the hourly labor rates are as follows:
Shop Hourly Labor Rate
Heavy Truck $95 per hour
Heavy Equipment $95 per hour
Passenger Vehicle $85 per hour
Light Truck $85 per hour
Small Engine $75 per hour
SECTION 3. That the initial term of the Agreement shall be for a period of one
(1) year. Such term shall automatically renew at the end of the Initial Term unless either party
terminates the Agreement upon sixty days written notice in accordance with Paragraph 7 of the
Agreement. In addition, the City of Paducah may terminate the Agreement with cause upon a
thirty-day written notice for non-payment of fees.
SECTION 4. This Order shall be in full force and effect from and after the date
of its adoption.
______________________________________
George Bray, Mayor
ATTEST:
__________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, June 14, 2022
Recorded by Lindsay Parish, City Clerk, June 14, 2022
mo/agree-fleet maintenance services –Smithland Fire Department
EXHIBIT A
CITY OF PADUCAH – FLEET MAINTENANCE, MOTORIZED EQUIPMENT, AND
EMERGENCY APPARATUS SERVICE AGREEMENT
3
Shop Hourly Labor Rate Sheet
Heavy Truck -------------------------------------- $95.00 per hour
Heavy Equipment ------------------------------- $95.00 per hour
Passenger Vehicle ------------------------------- $85.00 per hour
Light Truck ---------------------------------------- $85.00 per hour
Small Engine ------------------------------------- $75.00 per hour
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Purchase of Rollout Containers, Lids & Replacement Parts from Toter, Inc. - C YARBER
Category: Municipal Order
Staff Work By: Latrisha Pryor
Presentation By: Chris Yarber
Background Information: Equipment available under National Intergovernmental Purchasing Alliance
(IPA) Contract Number 171717, therefore, competitive bidding is not required. Thus requesting authorization
be given to allow purchases not to exceed $140,000 for roll-out containers, lids, and additional replacement
parts from Toter, Inc., throughout the fiscal year 2023 for the Solid Waste Division.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: Solid Waste Fund - Equipment Other
Account Number: 50002209-542190
Staff Recommendation: That the City of Paducah hereby authorizes the Finance Director to make payment
to Toter, Inc. for the purchase of roll-out containers, lids, and replacement parts for the 2022-2023 fiscal year,
in an amount not to exceed $140,000 and authorizes the Mayor to execute all documents related to same. These
containers and accessories will be used by customers within the City limits of Paducah served by the Solid
Waste Division, Public Works Department. This purchase is made in compliance with the National
Intergovernmental Purchasing Alliance (IPA) Contract Number 171717.
Attachments:
1.MO - refuse-rollout containers 2023
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF ROLL-OUT
CONTAINERS, LIDS AND ADDITIONAL REPLACEMENT PARTS FROM TOTER, INC., IN AN
AMOUNT NOT TO EXCEED $140,000 FOR THE PUBLIC WORKS SOLID WASTE DIVISION
WHEREAS, the Public Works Solid Waste Division needs new roll-out solid waste
containers for distribution to the citizens of Paducah as required for solid waste pick-up; and
WHEREAS, this equipment is available under National Intergovernmental Purchasing
Alliance (IPA) Contract Number 171717, and, therefore, competitive bidding is not required; and
WHEREAS, in order to allow the purchase for additional roll-outs, lids and replacement
parts as necessary throughout the fiscal year, the Solid Waste Division is requesting that authorization be
given to allow purchases in an amount not to exceed $140,000.
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF
THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby authorizes the Finance Director to make
payment to Toter Inc., for the purchase of roll-out refuse containers, lids and replacement parts for Fiscal
Year 2023, in an amount not to exceed the City’s budgeted amount of $140,000 and authorizes the Mayor
to execute all documents related to same. This purchase is made in compliance with the National
Intergovernmental Purchasing Alliance (IPA) Contract Number 171717.
SECTION 2. This expenditure shall be charged to the Solid Waste Fund – Equipment
Other, Account 50002209-542190.
SECTION 3. This order shall be in full force and effect from and after the date of
its adoption.
________________________________
George Bray, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, June 14, 2022
Recorded by Lindsay Parish, City Clerk, June 14, 2022
\mo\refuse-rollout containers 2023
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Acceptance of Kentucky Department of Environmental Protection Crumb Rubber Grant Award
in the amount of $22,000 - A CLARK
Category: Municipal Order
Staff Work By: Amie Clark, Hope Reasons
Presentation By: Amie Clark
Background Information: The Kentucky Energy and Environment Cabinet is accepting grant proposals for
projects that promote the use of recycled Kentucky waste tires. In the 2011 regular session, the legislature
passed House Bill 433, which established the Waste Tire Working Group (WTWG) in KRS 224.50-855,
consisting of the director of the Division of Waste Management, the manager of the Recycling and Local
Assistance Branch, one representative of the Kentucky Department of Agriculture, and two representatives of
the Solid Waste Coordinators of Kentucky. The group provides advice and input to the cabinet regarding waste
tire issues. Grant funding comes from the Waste Tire Trust Fund, established in 1998 by the Kentucky General
Assembly to receive fees collected from new tire sales.
The approval to apply for the grant was authorized by MO 2555 on 3/22/22. The grant will be used for poured-
in-place rubber ground covering at Langstaff Park. Grant funding will cover the cost of the materials and
freight. The Parks and Recreation Department will be matching the grant with $17,176 for the installation of
the ground cover, concrete preparation, and promotion of the park update to the community, including signage
of the grant award.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: Grounds - Property/Plant
Account Number: 10002402-533050
Staff Recommendation:
Attachments:
1.MO award –parks-Kentucky Environmental Projection – Crumb Rubber Grant 2022
MUNICIPAL ORDER NO. _________
A MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A CRUMB
RUBBER GRANT IN THE AMOUNT OF $22,000 FROM THE KENTUCKY DEPARTMENT
OF ENVIRONMENTAL PROTECTION, FOR A POURED-IN-PLACE PLAYGROUND AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME
WHEREAS, the City Commission approved Municipal Order No. 2555 on March
22, 2022, approving an application for a Crumb Rubber Grant from the Kentucky Department of
Environmental Protection; and
WHEREAS, the Kentucky Department of Environmental Protection approved a
portion of the grant request and is now ready to award the grant.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The City of Paducah hereby authorizes the acceptance of a
a Crumb Rubber Grant in the amount of $22,000 from the Kentucky Department of
Environmental Protection, and authorizes the Mayor to execute any documents related to same.
This grant will be used to provide a poured-in-place rubber ground covering at Langstaff Park.
The local match requirement for this grant will be fulfilled by the Paducah Parks Department
Account No. 1000-2402-533050 in an amount of $17,176.
SECTION 2. This order will be in full force and effect from and after the date of
its adoption.
______________________________
George Bray, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, June 14, 2022
Recorded by Lindsay Parish, City Clerk, June 14, 2022
mo\grants \award –parks-Kentucky Environmental Projection – Crumb Rubber Grant 2022
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Approve the updated Job Grade Schedule for Fiscal Year 2023 - S WILCOX
Category: Municipal Order
Staff Work By:
Presentation By:
Background Information: Each grade in the Job Grade Schedule is being increased to coincide with the
fiscal year 3% cost of living adjustment provided to all nonunion employees. The schedule is also creating a
Revenue Technician II position to allow for job progression.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: To approve the job grade schedule with the recommended changes.
Attachments:
1.MO pay grade schedule-FY2022-2023 6-2022
2.Job Grade Schedule - Jun 14 2022
MUNICIPAL ORDER NO. _________
A MUNICIPAL ORDER ADOPTING THE FY2022-2023 JOB GRADE
SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY
WHEREAS, the Commission wishes to adopt a new Job Grade Schedule to reflect
cost of living adjustment and to reflect the correct and current position titles; and
WHEREAS, in order to implement the changes, it is necessary to adopt the
FY2022-2023 Job Grade Schedule.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby adopts the FY2022-2023 Job
Grade Schedule for the employees of the City of Paducah, Kentucky as attached hereto.
SECTION 2. This Order will be in full force and effect from and after the date of
its adoption.
__________________________________
George Bray, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, ___________________
Recorded by Lindsay Parish, City Clerk, ____________________
\mo\pay grade schedule-FY2022-2023 6-2022
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Approve the Position and Pay Schedule for Fiscal Year 2023 - S WILCOX
Category: Municipal Order
Staff Work By: Stefanie Wilcox
Presentation By: Stefanie Wilcox
Background Information: Approve the Pay and Position Schedule for all City personnel to include the
budgeted 3.0% cost of living adjustment effective June 30 per negotiated terms of labor contracts with
AFSCME, Police, and Fire, as well as all other City employees. The Pay and Position Schedule also includes new
positions filled, new vacancies, and other position changes over the last few months.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: To approve the position and pay schedule with all changes.
Attachments:
1.Position and Pay Schedule FY2022-2023 6-14-2022
2.Position and Pay Schedule - Jun 14 2022
MUNICIPAL ORDER NO. ________
A MUNICIPAL ORDER ADOPTING THE FY2022-2023 POSITION AND PAY
SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY
WHEREAS, the City of Paducah desires to implement a 3% cost of living adjustment
(COLA) for non-union employees, AFSCME members, and Police and Fire Union employees; and
WHEREAS, these adjustments shall be effective for the biweekly pay period beginning
June 30, 2022, paid on July 22, 2022; and
WHEREAS, changes are included in the position and pay schedule for FY2022-2023 to
reflect the correct, current number of vacant and filled positions, the correct department titles, and to add
and remove specific positions; and
WHEREAS, in order to implement the changes, it is necessary to adopt the FY2022-2023
Position and Pay Schedule.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby approves and adopts the FY2022-2023
Position and Pay Schedule for the employees of the City of Paducah as attached hereto.
SECTION 2. That the FY2022-2023 Position and Pay Schedule wage adjustments
approved in Section 1 above shall become effective for the biweekly pay period beginning June 30, 2022,
and paid on July 22, 2022.
SECTION 3. This Order shall be in full force and effect from and after the date of its
adoption.
______________________________
George Bray, Mayor
ATTEST:
___________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, ________________
Recorded by Lindsay Parish, City Clerk, _________________
mo/Position and Pay Schedule FY2022-2023 6-14-2022
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Approve Contract between City of Paducah and Paducah Convention & Visitors Bureau in the
amount of $25,000 for the Spring 2022 Quilt Show - D JORDAN
Category: Municipal Order
Staff Work By: Daron Jordan, Lindsay Parish
Presentation By: Daron Jordan
Background Information: As part of the FY2022 budget (current year), the Commission approved an
appropriation to fund the American Quilters Society for the 2022 Spring Quilt Show in the amount of $25,000
for assistance with marketing. The City has contributed this amount for the spring quilt show since
2008. When the City provides funds to any organization, we prepare a simple Contract for Services agreement
that describes the public services the organization will provide as a result of receiving the City funds. In order
to expedite and simplify the process, the Paducah Convention & Visitor Bureau (CVB) has agreed to act as a
conduit through which local agency funds may flow. Therefore, the City will need to execute a contract with
the CVB to handle the $25,000 payment for marketing.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: 10000102 - Mayor & Commissioners
Account Number: 523070 - Other Contractual Service
Staff Recommendation: Approve the Contract for Services with the Convention & Visitor's Bureau for
Quilt Show Marketing.
Attachments:
1.contract-Convention & Visitors Bureau (AQS Spring 2022)
MUNICIPAL ORDER ________
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH THE PADUCAH CONVENTION AND VISITORS BUREAU IN THE
AMOUNT OF $25,000 FOR SPECIFIC SERVICES RELATED TO THE AMERICAN
QUILTERS SOCIETY SPRING 2022 SHOW
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute a contract with the
Paducah Convention and Visitors Bureau in the amount of $25,000 to be used for marketing and
promoting events and venues related to the Spring 2022 American Quilters Society Show. This
contract shall expire June 30, 2022.
SECTION 2. This expenditure shall be charged to the Mayor & Commission
Services Other Account No. 1000-0102-523070.
SECTION 3. This Order shall be in full force and effect from and after the date
of its adoption.
______________________________
Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, _____________________
Recorded by Lindsay Parish, City Clerk, ______________________
\mo\contract-Convention & Visitors Bureau (AQS Spring 2022)
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Paducah Riverfront Hotel (Holiday Inn) Industrial Building Revenue Bond Series 2015 Interest
Rate Reset - Phil Little, McMurry & Livingston, PLLC
Category: Ordinance
Staff Work By: Dinsmore & Shohl LLP (Bond Counsel)
Presentation By: Phil Little, McMurry & Livingston, PLLC
Background Information: On November 4, 2015, the City issued its Industrial Building Revenue Bonds,
Series 2015 (Paducah Riverfront Hotel, LP Project) in a maximum aggregate principal amount of $12,000,000.
The Bonds were used to finance the costs of a new a hotel in Paducah. Independence Bank of Kentucky
purchased the Bonds. The interest rate was set at 4.75% per annum through May 1, 2022, and resets by
agreement of the Hotel and Bank on that date and every five-year anniversary thereafter. The governing bond
documents require the City, Hotel, and Bank to approve the new interest rate (remaining at 4.75%) for the next
five-year term, which will expire on May 1, 2027. The City and Bank have also agreed to make the next eight
payments beginning on June 1, 2022 interest-only to address interest payments that were deferred during the
COVID-19 Pandemic.
Dinsmore & Shohl LLP has prepared the amending documents on behalf of the City as Bond Counsel.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approval.
Attachments:
1.Bond Series 2015 Refinance Paducah Riverfront Hotel – 6-2022
ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY
AUTHORIZING THE AMENDMENT AND SUPPLEMENT OF THE BOND
PURCHASE AGREEMENT DATED AS OF NOVEMBER 1, 2015, BY AND
AMONG THE CITY, PADUCAH RIVERFRONT HOTEL, LP,
INDEPENDENCE BANK OF KENTUCKY, AS SERVICING AGENT, AND
INDEPENDENCE BANK OF KENTUCKY, AS ORIGINAL PURCHASER, FOR
THE PURPOSES OF ESTABLISHING THE INTEREST RATE APPLICABLE
TO THE CITY’S INDUSTRIAL BUILDING REVENUE BOND, SERIES 2015
(PADUCAH RIVERFRONT HOTEL, LP PROJECT) FOR THE PERIOD
BEGINNING ON AND INCLUDING MAY 1, 2022 TO BUT EXCLUDING THE
SECOND OPTIONAL TENDER DATE APPLICABLE THERETO; AND
AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE
AMENDMENT OF THE BOND PURCHASE AGREEMENT AND THE SERIES
2015 BOND.
WITNESSETH
WHEREAS, on August 25, 2015, the City Commission of the City of Paducah, Kentucky
(the “City”) gave second reading to and adopted an ordinance titled as follows (the “Original
Ordinance”):
AN ORDINANCE AUTHORIZING THE ISSUANCE OF UP TO $12,000,000
INDUSTRIAL BUILDING REVENUE BONDS, SERIES 2015 (PADUCAH
RIVERFRONT HOTEL, LP PROJECT) OF THE CITY OF PADUCAH,
KENTUCKY, THE PROCEEDS OF WHICH SHALL BE USED TO PAY THE
COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION AND
EQUIPPING OF AN INDUSTRIAL BUILDING SUITABLE FOR USE AS A
HOTEL, TOGETHER WITH ALL RELATED AND SUBORDINATE
FACILITIES NECESSARY TO THE OPERATION THEREOF, TO BE
LOCATED WITHIN THE CITY OF PADUCAH, KENTUCKY, AND LEASED
TO PADUCAH RIVERFRONT HOTEL, LP; PROVIDING FOR THE PLEDGE
OF REVENUES FOR THE PAYMENT OF SUCH BONDS; AUTHORIZING A
LEASE AGREEMENT APPROPRIATE FOR THE PROTECTION AND
DISPOSITION OF SUCH REVENUES AND TO FURTHER SECURE SUCH
BONDS; AUTHORIZING A BOND PURCHASE AGREEMENT, MORTGAGE,
PAYMENT IN LIEU OF TAXES AGREEMENT AND ASSIGNMENTS; AND
AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE
OF SUCH BONDS.
WHEREAS, in the Original Ordinance, the City authorized the issuance of its City of
Paducah, Kentucky, Industrial Building Revenue Bond, Series 2015 (Paducah Riverfront Hotel,
LP Project) in an aggregate principal amount of up to $12,000,000 (the “Series 2015 Bond”) to
finance the costs of the acquisition, construction, installation, equipping of a building suitable for
- 2 -
use as a hotel, together with all related and subordinate facilities necessary for the operation
thereof, for lease to Paducah Riverfront Hotel, LP (the “Tenant”); and
WHEREAS, the Original Ordinance authorized the appropriate officials of the City to
execute and delivery a Bond Purchase Agreement (the “Bond Purchase Agreement”) by and
among the City, the Tenant, Independence Bank of Kentucky, as Servicing Agent for the City with
respect to the Series 2015 Bond thereunder (the “Servicing Agent”), and Independence Bank of
Kentucky, as original purchaser of the Series 2015 Bond thereunder (the “Original Purchaser”);
and
WHEREAS, the Bond Purchase Agreement and the Series 2015 Bond, the forms of which
were attached to the Bond Purchase Agreement, provided that the Series 2015 Bond would bear
interest at a rate of 4.75% per annum to but excluding May 1, 2022 (the “First Optional Tender
Date”) and that on or before the First Optional Tender Date the City, the Tenant, the Servicing
Agent, and the Original Purchaser would enter into a Supplemental Bond Purchase Agreement to
set the interest rate and payment schedule applicable to the Series 2015 Bond for a new period
beginning on and including the First Optional Tender Date; and
WHEREAS, the Tenant and the Original Purchaser have requested the City and the
Servicing Agent to approve and authorize the execution and delivery of the First Supplemental
Bond Purchase Agreement attached hereto as Exhibit A (the “First Supplemental Bond Purchase
Agreement”), which provides that the Series 2015 Bond shall bear interest at a rate of 4.75% per
annum from and including the First Optional Tender Date to but excluding a new optional tender
date of May 1, 2027 (the “Second Optional Tender Date”) and provides for eight consecutive
monthly interest-only payments beginning June 1, 2022; and
WHEREAS, it is necessary and proper in the interests of the health, safety, convenience,
and general welfare of the citizens, residents, and inhabitants of the City and its environs that the
City (i) authorize the amendment of the Bond Purchase Agreement by the execution and delivery
of the First Supplemental Bond Purchase Agreement to establish the interest rate applicable to the
Series 2015 Bond until the Second Optional Tender Date and (ii) authorize the execution and
delivery of a replacement Series 2015 Bond, designated R-2, upon the proper surrender of the
original Series 2015 Bond, designated R-1, by the Original Purchaser thereof, to reflect such
changes.
NOW, THEREFORE, THE CITY OF PADUCAH, KENTUCKY, ACTING BY AND
THROUGH ITS CITY COMMISSION, HEREBY ORDAINS AS FOLLOWS:
Section 1. The facts and recitations set out in the preamble of this Ordinance are
adopted and incorporated as a part hereof, and the terms defined in the preamble shall have the
same meanings when used herein.
Section 2. For the purposes set forth in the preamble, which is incorporated as a part
hereof, the City, acting by and through its City Commission, hereby:
- 3 -
(a) Confirms and ratifies the Original Ordinance and the Original Ordinance,
except as amended and supplemented by this Ordinance, shall for all purposes remain in full force
and effect.
(b) Confirms and ratifies the Bond Purchase Agreement and the Bond Purchase
Agreement, except as amended and supplemented by the First Supplemental Bond Purchase
Agreement, shall for all purposes remain in full force and effect.
(c) Approves the amendment and supplement of the Bond Purchase Agreement
(and by consequence the Series 2015 Bond) by the adoption of the First Supplemental Bond
Purchase Agreement to establish the interest rate applicable to the Series 2015 Bond from the First
Optional Tender Date to but excluding the Second Optional Tender Date and to provide for eight
consecutive monthly interest-only payments beginning June 1, 2022. The Mayor and City Clerk
are hereby authorized and directed to execute and deliver on behalf of the City the First
Supplemental Bond Purchase Agreement in substantially the form attached hereto, with such
additions, deletions, and changes as the official executing the same, upon the recommendation of
the Tenant, may require or approve, such approval on behalf of the City to be conclusively
evidenced by the execution and delivery thereof.
(d) Authorizes the issuance, execution, and delivery of a replacement Series
2015 Bond upon the surrender of the existing Series 2015 Bond to the City or the Servicing Agent.
The Mayor and City Clerk are hereby authorized and directed to execute and deliver on behalf of
the City the Series 2015 Bond, designated R-2, in substantially the form attached to the First
Supplemental Bond Purchase Agreement, with such additions, deletions, and changes as the
official executing the same, upon the recommendation of the Tenant, may require or approve, such
approval on behalf of the City to be conclusively evidenced by the execution and delivery thereof.
Section 2. The provisions of this Ordinance and the Original Ordinance may be further
supplemented from time to time by additional ordinances of the City Commission.
Section 3. The provisions of this Ordinance are hereby declared to be severable and, if
any section or provision shall, for any reason, be declared invalid, such declaration of invalidity
shall not affect the validity of the remainder of this Ordinance.
Section 4. Upon any conflict between the provisions of this Ordinance and of any prior
ordinance, resolution, or parts thereof, the provisions of this Ordinance shall prevail.
Section 5. This Ordinance shall be in full force and effect from and after its adoption
as provided by law. The summary of this Ordinance read at the meetings of the City Commission
described below is approved for such purposes and for the purpose of publication as provided by
law, and the accuracy of such summary is hereby certified.
- 4 -
INTRODUCED AND PUBLICLY READ ON FIRST READING on May 24, 2022.
PUBLICLY READ, ADOPTED, AND APPROVED ON SECOND READING, on June
14, 2022.
CITY OF PADUCAH, KENTUCKY
By:
Mayor
Attest:
By:
City Clerk
Introduced by the Board of Commissioners, _____________________
Adopted by the Board of Commissioners, _______________________
Recorded by the City Clerk, _________________________________
Published by The Paducah Sun, ______________________________
ord\Bond Series 2015 Refinance Paducah Riverfront Hotel – 6-2022
Mark Franklin - Dinsmore & Shohl LLP
CERTIFICATION
I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of
the City of Paducah, Kentucky, and as such City Clerk, I further certify that the foregoing is a true,
correct, and complete copy of an Ordinance duly enacted by the City Commission of the City at a
duly convened meeting held on June 14, 2022, on the same occasion signed by the Mayor as
evidence of his approval, and now in full force and effect, all as appears from the official records
of the City in my possession and under my control.
Witness my hand and the seal of the City as of ______________, 2022.
By:
City Clerk
- 5 -
EXHIBIT A
TO
AMENDING ORDINANCE
FORM OF FIRST SUPPLEMENTAL BOND PURCHASE AGREEMENT
(See attachment)
* * * * * *
- 6 -
SUPPLEMENTAL BOND PURCHASE AGREEMENT
among
CITY OF PADUCAH, KENTUCKY,
PADUCAH RIVERFRONT HOTEL, LP,
INDEPENDENCE BANK OF KENTUCKY,
Paducah, Kentucky, as Servicing Agent,
and
INDEPENDENCE BANK OF KENTUCKY
Paducah, Kentucky, as Original Purchaser
$10,520,117.13 Outstanding Principal Amount
City of Paducah, Kentucky
Industrial Building Revenue Bonds, Series 2015
(Paducah Riverfront Hotel, LP Project)
Dated May 1, 2022
- 1 -
FIRST SUPPLEMENTAL BOND PURCHASE AGREEMENT
This FIRST SUPPLEMENTAL BOND PURCHASE AGREEMENT is made as of May 1,
2022, by and among the CITY OF PADUCAH, KENTUCKY, a municipal corporation and
political subdivision of the Commonwealth of Kentucky (the “Issuer”) PADUCAH
RIVERFRONT HOTEL, LP, a Kentucky limited partnership (the “Tenant”), INDEPENDENCE
BANK OF KENTUCKY, Paducah, Kentucky (as the “Servicing Agent”), and INDEPENDENCE
BANK OF KENTUCKY, Paducah, Kentucky (as the “Original Purchaser” and, together with any
subsequent owner of the Bonds, the “Holder”):
WITNESSETH:
WHEREAS, on November 4, 2015, the Issuer issued its City of Paducah, Kentucky
Industrial Building Revenue Bonds, Series 2015 (Paducah Riverfront Hotel, LP Project) in a
maximum aggregate principal amount of $12,000,000 as a single registered bond numbered R-1
(the “Original Bond”) pursuant to (i) an ordinance of the Board of Commissioners of the Issuer
adopted August 25, 2015 (the “Original Bond Legislation”) and (ii) a Bond Purchase Agreement
dated November 1, 2015 (the “Original Bond Purchase Agreement”), by and among the Issuer, the
Tenant, the Servicing Agent, as servicing agent for the Original Bond, and the Holder, as the
Original Purchaser of the Original Bond; and
WHEREAS, the proceeds of the Original Bond were made available by the Issuer to the
Tenant under a Lease Agreement dated as of November 1, 2015 (the “Lease Agreement”), by and
between the Issuer and the Tenant, which the Tenant used to acquire, construct, install, and equip
a 124-room Holiday Inn Hotel on the Project Site (as defined in the Lease Agreement), such Project
Site being a site located within the jurisdictional boundaries of the Issuer; and
WHEREAS, the Original Bond has accrued interest from its date of issuance at a rate per
annum equal to 4.75%; and
WHEREAS, the Bond provides that for the five-year period beginning May 1, 2022 and
continuing to but excluding May 1, 2027 (the “First Interest Rate Reset Period”), the Original
Bond shall accrue interest at a rate per annum to be established in a supplemental bond purchase
agreement among the Issuer, the Tenant, and the Holder; and
WHEREAS, the Original Bond provides that the Issuer, the Tenant, and the Holder shall
enter into additional supplemental bond purchase agreements to determine the interest rate per
annum to apply to additional five-year periods occurring after the First Interest Rate Reset Period;
and
WHEREAS, the Issuer, the Tenant, and the Holder desire to enter into this First
Supplemental Bond Purchase Agreement to set out the interest rate per annum to apply to the
Original Bond, as amended herein, during the First Interest Rate Reset Period and to provide for
other matters related thereto;
NOW, THEREFORE, the parties hereto agree as follows:
- 2 -
1. Definitions. Except to the extent otherwise expressly provided in the recitals and
elsewhere herein, and unless the context otherwise requires, all words and terms used herein with
initial capitalization where rules of grammar do not otherwise require capitalization shall have the
meanings set forth in the Lease Agreement, the Bond Legislation, and the Original Bond Purchase
Agreement. Any reference herein to the Issuer, the Tenant, the Holder, or the Servicing Agent shall
include any person or entity which succeeds to their respective functions, duties, or responsibilities
pursuant to or by operation of law.
2. Amendment of Exhibit A to Original Bond Purchase Agreement. Exhibit A to the
Original Bond Purchase Agreement, being the form of the Original Bond, is hereby amended and
replaced in its entirety with Exhibit A attached hereto (the “First Replacement Bond”). The First
Replacement Bond shall bear interest at the rate per annum and shall be payable in the amounts
and on the dates set forth in the First Replacement Bond during the First Interest Rate Reset Period.
3. Effective Date and Interest. Notwithstanding the requirements of the Original
Bond, the Original Bond Purchase Agreement, or the Lease Agreement to the contrary, the Issuer,
the Tenant, the Servicing Agent, and the Holder agree that the Default Rate shall not apply to any
interest accrued on the Original Bond or the First Replacement Bond if the Replacement Bond is
delivered by the Issuer to the Holder after May 1, 2022, but all interest after May 1, 2022 shall be
interest at the interest rate per annum set forth in the First Replacement Bond.
3. Ratification. Except as amended and supplemented by Section 2 hereof, the Issuer,
the Tenant, and the Holder hereby ratify and reaffirm the terms and provisions of the Original
Bond Purchase Agreement and their respective representations, warranties, covenants,
agreements, and obligations set forth therein.
4. Binding Effect. This First Amendment to Bond Purchase Agreement shall inure to
the benefit of and shall be binding upon the Issuer, the Tenant, and the Holder, and their respective
successors and assigns.
5. Severability. If any provision of this First Amendment to Bond Purchase
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision hereof.
6. Execution in Counterparts. This First Amendment to Bond Purchase Agreement
may be simultaneously executed in several counterparts, each of which shall be an original and all
of which shall constitute but one and the same instrument.
7. Applicable Law. This First Amendment to Bond Purchase Agreement shall be
governed by and construed in accordance with the laws of the Commonwealth of Kentucky.
8. Captions. The captions or headings in this First Amendment to Bond Purchase
Agreement are for convenience only and in no way define, limit, or describe the scope or intent of
any provisions or sections of this First Amendment to Bond Purchase Agreement.
9. No Pecuniary Liability of the Issuer. No provision, covenant, or agreement
contained in this First Amendment to Bond Purchase Agreement or breach thereof shall constitute
or give rise to a pecuniary liability of the Issuer or a charge upon its general credit or taxing power.
S-1
SIGNATURE PAGE TO FIRST SUPPLEMENTAL BOND PURCHASE AGREEMENT
IN WITNESS WHEREOF, this First Supplemental Bond Purchase Agreement has been
executed as of the date first written.
CITY OF PADUCAH, KENTUCKY
By:
Mayor
Attest:
By:
City Clerk
PADUCAH RIVERFRONT HOTEL, LP, by
Paducah Hotel, Inc., its General Partner
By:
President
INDEPENDENCE BANK OF
KENTUCKY, as Servicing Agent
By:
Title:
INDEPENDENCE BANK OF
KENTUCKY, as Original Purchaser
By:
Title:
A-1
EXHIBIT A
TO
FIRST SUPPLEMENTAL BOND PURCHASE AGREEMENT
FORM OF REPLACEMENT BOND
* * * * * *
UNITED STATES OF AMERICA
COMMONWEALTH OF KENTUCKY
CITY OF PADUCAH, KENTUCKY
INDUSTRIAL BUILDING REVENUE BOND, SERIES 2015
(PADUCAH RIVERFRONT HOTEL, LP PROJECT)
Bond Number Original Issue Date
Maturity
Date
Principal
Amount
R-2 November 4, 2015 May 1, 2037 $10,520,117.13
The CITY OF PADUCAH, KENTUCKY (the “Issuer”), for consideration received,
promises to pay to INDEPENDENCE BANK OF KENTUCKY, Paducah, Kentucky or registered
assigns, but solely from the sources and in the manner hereinafter referred to, the Principal
Amount, and to pay interest on the Principal Amount outstanding from time to time from the date
hereof through the Second Optional Tender Date, as defined below, at a per annum interest rate
equal to four and seventy-five one-hundredths percent (4.75%).
Interest on the Principal Amount outstanding hereunder (including previously deferred
interest) shall be payable in eight (8) equal monthly payments due on the first day of each month
in the amount of $82,221.93, beginning on June 1, 2022. Beginning on February 1, 2023 and
continuing to and including May 1, 2027, interest on the Principal Amount outstanding hereunder
and principal shall be payable on the first day of each calendar month in equal installments of
$82,221.93 being an amount calculated to fully amortize the outstanding Principal Amount of the
Bonds , through the Final Maturity Date plus eight months at the interest rate then borne by the
Bonds. Beginning on May 1, 2027 (the “Second Optional Tender Date”), this Bond shall bear
interest either (i) at such rate as shall be set forth in a supplemental bond purchase agreement
among the Issuer, the Tenant, and the Holder, as hereinafter defined, to be delivered on or before
the Second Optional Tender Date or any Tender Date, as hereinafter defined, thereafter or (ii) if
no such supplemental bond purchase agreement is executed and delivered, at the Default Rate.
Commencing on the first day of each calendar month (the “Interest Payment Date”) next
succeeding a Tender Date, interest on the Principal Amount outstanding hereunder and principal
shall be payable in monthly installments on each such Interest Payment Date, with the monthly
payments of principal and interest being equal and being in an amount calculated to fully amortize
the Principal Amount of the Bonds outstanding through the Final Maturity Date plus eight months
at the interest rate then borne by the Bonds. The final payment due hereunder on May 1, 2037 shall
be in an amount equal to the principal balance of the Bonds on such date, plus accrued interest.
All payments made hereunder shall be first credited to interest (first currently accrued and
then previously foregone) and then credited to principal. Interest shall be calculated on a 360 day
A-2
year, actual days elapsed basis. This Bond shall mature and all unpaid principal of, premium, if
any, and accrued and unpaid interest on this Bond shall be and become due and payable in full on
May 1, 2037.
On the Second Optional Tender Date, and on each fifth May 1 thereafter, through and
including the Final Maturity Date (each a “Tender Date”), the Holder shall have the option, unless
waived in writing by the Holder, to tender for purchase at 100% of the principal amount thereof,
all, but not less than all, of the Bonds owned by such Holder. The purchase price for such Bonds
shall be payable in lawful money of the United States of America, shall equal the outstanding
principal amount thereof, plus accrued interest to the Tender Date, and shall be paid in full on the
applicable Tender Date from the Lease Payments due under the Agreement of Lease.
To exercise the option granted above, the Holder shall (1) no earlier than ninety days before
the Tender Date give notice to the Tenant and Servicing Agent by telecopy or in writing which
states (i) the name and address of the Holder, (ii) the principal amount of the Bonds to be
purchased, (iii) that such Bonds are to be purchased on such Tender Date pursuant to the terms
hereof, and (iv) that such notice is irrevocable; (2) no later than 10:00 a.m. according to the local
time at the principal office of the Servicing Agent on the fifth day preceding such Tender Date (or
the next preceding Business Day if such fifth day is not a Business Day), deliver to the principal
office of the Servicing Agent the Bonds to be purchased in proper form, accompanied by fully
completed and executed instructions to sell (“Instructions to Sell”), the form of which shall be
printed on the Bonds.
Any Bonds not delivered by Holders who have elected to tender such Bonds shall
nevertheless be deemed to be tendered for purchase by the Tenant. Subject to the right of such
non-delivering Holders to receive the purchase price of such Bonds and interest accrued thereon
to the day preceding the applicable Tender Date, such Bonds shall be null and void and the
Servicing Agent shall authenticate and deliver new Bonds in replacement thereof pursuant to the
remarketing of such Bonds by the Tenant or the pledge of such Bonds to the Tenant in lieu of
remarketing such Bonds. Bonds held by the Tenant that are remarketed to another Holder shall
thereupon be registered in the name of such Holder.
While tendered Bonds are in the custody of the Servicing Agent pending purchase pursuant
hereto, the tendering Holders thereof shall be deemed the owners thereof for all purposes, and
interest accruing on tendered Bonds through the day preceding the applicable Tender Date is to be
paid from the Bond Account as if such Bonds had not been tendered for purchase. Any Bonds
tendered for purchase in accordance with the foregoing provisions and remaining unpaid shall
thereafter bear interest at the Default Rate until paid.
Notwithstanding anything herein to the contrary, any Bond or portion thereof tendered
under the foregoing provisions will not be purchased if such Bond matures or is redeemed on or
prior to the applicable Tender Date.
If any Interest Payment Date, date of maturity of this Bond, Tender Date, or date fixed for
redemption of this Bond, is not a Business Day, then payment of the applicable interest, principal,
purchase price or redemption price may be made on the next succeeding Business Day with the
same force and effect as if such payment were made on such Interest Payment Date, date of
A-3
maturity, Tender Date or date fixed for redemption and interest shall accrue from the scheduled
date of any maturity, redemption or tender due date of this Bond until the Business Day on which
such payment is made.
As used in this Bond, the terms “Bond Account”, “ Bond Purchase Agreement”, “Bond
Service Charges”, “Mortgage”, “Lease Payments”, “Payment in Full of the Bond”, “Revenues”,
and “Servicing Agent” have the meanings assigned to them in the Agreement of Lease dated as of
November 1, 2015 (the “Lease Agreement”) between the Issuer and Paducah Riverfront Hotel, LP
(the “Tenant”).
This Bond is one of the duly authorized Industrial Building Revenue Bonds, Series 2015
(Paducah Riverfront Hotel, LP Project) issued under an ordinance adopted by the Issuer on
August 11, 2015 (the “Bond Legislation”), in a maximum principal amount of $12,000,000, for
the purpose of financing the costs of acquiring, constructing, equipping, and installing property
comprised of an industrial building to be owned by the Issuer and leased to the Tenant for use as
a hotel (the “Project”) within the jurisdictional boundaries of the Issuer. The Project is being
undertaken in order to promote the economic welfare of the people of the Commonwealth of
Kentucky and of the Issuer by creating jobs and employment opportunities.
This Bond shall be callable for redemption in whole or in part on any date in the event of
exercise by the Tenant of its option to redeem the Bonds in full or in part as provided in Section
11.1 or Section 11.2(c)(i) or (c)(ii) of the Lease Agreement. The redemption date in any such event
shall be the Interest Payment Date set by the Tenant for the prepayment of the Bonds in accordance
with such provisions of the Lease Agreement. The redemption price for this Bond (or portion
thereof) in any such event shall be the principal amount of this Bond (or portion thereof) to be
redeemed, plus accrued interest thereon to the redemption date, without Redemption Premium.
This Bond shall also be callable for redemption in whole or in part on any date in the event
of exercise by the Tenant of its option to redeem the Bonds in full or in part as provided in Section
11.2 (a), (b), (c)(iii) or Section 11.5 of the Lease Agreement. The redemption date in any such
event shall be the Interest Payment Date set by the Tenant for the prepayment of the Bonds in
accordance with such provisions of the Lease Agreement. The redemption price for this Bond (or
portion thereof) in any such event shall be the principal amount of this Bond (or portion thereof)
to be redeemed, plus accrued interest thereon to the redemption date.
The obligation of the Issuer to make payments of principal and interest on the principal
amount of this Bond which remains outstanding after any partial redemption shall not be affected
by such partial redemption, such partial redemption operating instead to pay and redeem the
principal of this Bond at dates earlier than the originally scheduled principal amortization or
payment date or dates, in inverse chronological order.
Notice from the Tenant to the Holder that the Bonds are to be prepaid in whole or in part
pursuant to the Lease Agreement shall also constitute the call by the Issuer of a portion or all, as
the case may be, of the principal amount hereof then outstanding, and no separate notice from the
Issuer to the Holder shall be required.
A-4
All Bond Service Charges shall be payable in lawful money of the United States of America
at the principal office of the Servicing Agent, by check or draft. Any Bond Service Charges not
paid when due, together with interest thereon at the Interest Rate for Advances, shall continue as
an obligation of the Issuer until paid.
Upon Payment in Full of this Bond, it shall, at the option of the Issuer, either be destroyed
with evidence of destruction provided by the Holder to the Issuer, or be marked “Paid in Full” by
the Holder and returned to the Issuer.
This Bond is secured by an assignment of the Lease Agreement and by the Assignment of
Rents and the Mortgage, all of which are on file in the offices of the Holder.
This Bond is issued pursuant to the Constitution of the Commonwealth of Kentucky and
to the statutes of the Commonwealth, particularly Sections 103.200 to 103.285, inclusive, of the
Kentucky Revised Statutes as amended, and the Bond Legislation. This Bond is a special
obligation of the Issuer, and the Bond Service Charges are payable solely from, and such payments
are secured by a pledge of and lien on, the Bond Account and the Revenues, and are not otherwise
an obligation of the Issuer. THIS BOND, THE BOND LEGISLATION, THE MORTGAGE, THE
LEASE AGREEMENT, AND THE BOND PURCHASE AGREEMENT DO NOT REPRESENT
OR CONSTITUTE A DEBT OR PLEDGE OF THE FAITH AND CREDIT OF THE ISSUER.
Lease Payments sufficient for the payment when due of the Bond Service Charges are required by
the Lease Agreement to be paid by the Tenant to the Servicing Agent for the account of the Issuer
for deposit in the Bond Account, and have been duly pledged for that purpose. Reference is hereby
made to the Lease Agreement and Bond Purchase Agreement for a more complete description of
the provisions, among others, with respect to the nature and extent of the security, the rights, duties,
and obligations of the Issuer and the Holder, and the terms and conditions upon which the Bonds
are issued and secured, to all of the provisions of which Lease Agreement and Bond Purchase
Agreement each Holder, by the acceptance hereof, assents.
If this Bond or any portion hereof is duly called for redemption as herein provided, and if
on the redemption date moneys for the payment of the applicable redemption price shall have been
provided to the Servicing Agent so as to be available for the payment thereof, then from and after
such redemption date this Bond or such portion hereof shall cease to bear interest.
If an Event of Default, as defined in the Lease Agreement, shall occur, the principal of this
Bond then outstanding may be declared due and payable in the manner and with the effect provided
by the Lease Agreement.
This Bond shall not constitute the personal obligation, either jointly or severally, of the
Issuer, the Board of Commissioners of the Issuer, or the officers of the Issuer.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
necessary to be done or performed by the Issuer or to have happened precedent to and in the issuing
of this Bond in order to make it a legal, valid, and binding special obligation of the Issuer in
accordance with its terms, and before and in the execution and delivery of the First Supplemental
Bond Purchase Agreement, have been done and performed and have happened in regular and due
A-5
form as required by law, and that this Bond does not exceed or violate any constitutional or
statutory limitation.
[Signature Page to follow]
A-6
SIGNATURE PAGE TO SERIES 2015 BOND
IN WITNESS WHEREOF, the Issuer has caused this Bond to be executed in its name by
the manual or facsimile signatures of its Mayor and City Clerk, all as of the date set forth above.
CITY OF PADUCAH, KENTUCKY
By:
Mayor
Attest:
By:
City Clerk
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto:
(Please print or typewrite name and address of transferee)
the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints:
______________________________________________ attorney to transfer the within bond on
the books kept for registration thereof, with full power of substitution in the premises.
Dated:
Signature
In the presence of:
_______________________________________
NOTICE: The signature to this assignment must correspond with the name as it appears upon the
face of the within bond in every particular without alteration or enlargement or any change
whatever.
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Approval of Contract Modification #1 for Increase of Scope in Professional Services Contract
with HDR, Inc for Dredging Project in the Amount of $86,200.00 - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend
Presentation By: Rick Murphy
Background Information:
Summary: Approve Contract Modification #1 for increase in Scope in the Professional Services Contract with
HDR, Inc to include engineering drawings and specifications, bidding administration, project inspection,
monitoring, administration and reporting in the amount of $86,200.00.
Background: On April 24, 2020, a major disaster declaration, FEMA-4540-DR-KY, was signed by the
President for the 2020 Flooding and Severe Weather Events occurring from February 2, 2020 through February
29, 2020. As a result, the City of Paducah applied for and received Disaster Relief Funding for the removal of
sediment built up along the Riverfront at the Transient Dock. FEMA Public Assistance funds are funded at
90% Federal Share, 4.80% State Share & 5.20% City Share.
On January 26, 2021, the Board of Commissioners approved Ordinance 2021-01-8670 for a Professional
Services Contract for $266,250.00 with HDR, Inc to provide technical expertise to attain the necessary
regulatory permits from the Kentucky Division of Water and U.S Army Corps of Engineers for the dredging
project. The City has obtained the necessary permits to dredge up to 60,000 cubic yards of sediment per year
using deep water disposal. During the course of the contract, two (2) tasks were not required, resulting in a
contract savings of $25,785.00.
The City is ready to begin the procurement process with dredging anticipated to occur in Fall 2022 or Spring
2023 due to the necessity of optimal river conditions. HDR proposes the Not-To-Exceed amount of $86,200.00
for the increased professional services scope for a net increase of $60,415.00 with a final contract amount of
$326,665.00
Original Contract Amount $ 266,250.
00
Total Amount Remaining in
Contract
$ (25,785.0
0)
Additional Engineering Services $ 86,200.
00
Modified Contract Amount $ 326,665.
00
Net Amount Added to Contract $ 60,415.
00
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan: Work with Communication Manager
Communicate with appropriate stakeholders including Paducah Water, Inland Waterways
companies, US Coast Guard, US Army Corps of Engineers, and others as appropriate
Funds Available:Account Name: Dredging
Account Number: DT0047
Staff Recommendation: Authorize the Mayor to sign Contract Modification #1 to the professional services
contract with HDR, Inc for the increase in scope of the Dredging Project in the amount of $86,200 for a net
increase of $60,415.00 with a final contract amount of $326,665.00.
Attachments:
1.MO Contract Mod #1 – HDR, Inc. – Dredging Project
2.Paducah Transient Dock Access Improvement Project - CM1
ORDINANCE NO. 2022-____-________
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE CONTRACT MODIFICATION NO. 1 WITH HDR, INC. IN AN AMOUNT OF
$86,200 TO INCREASE THE SCOPE IN THE PROFESSIONAL SERVICES CONTRACT TO
INCLUDE ENGINEERING DRAWINGS AND SPECIFICATIONS, BIDDING
ADMINISTRATION, PROJECT INSPECTION, MONITORING, ADMINISTRATION AND
REPORTING
WHEREAS, on January 26, 2021, the Board of Commissioners approved
Ordinance 2021-01-8670 for a Professional Services Contract for $266,250.00 with HDR, Inc. to
provide technical expertise to attain the necessary regulatory permits from the Kentucky Division
of Water and U.S Army Corps of Engineers for dredging; and
WHEREAS, the City has obtained the necessary permits to dredge up to 60,000
cubic yards of sediment per year using deep water disposal; and
WHEREAS, during the course of the contract, two (2) tasks were not required,
resulting in a contract savings of $25,785.00; and
WHEREAS, the City is ready to begin the procurement process with dredging
anticipated to occur in Fall 2022 or Spring 2023 due to the necessity of optimal river conditions;
and
WHEREAS, HDR proposes the Not-To-Exceed amount of $86,200.00 for the
increased professional services scope for a net increase in the amount of $60,415.00 and a total
contract amount of $326,665.00
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute Contract Modification
No. 1 with HDR, Inc. for the dredging project for additional services in an amount not to exceed
$86,200 and a decrease in the amount of $25,785, for a net increase of $60,415, and a new total
contract cost of $326,665.
SECTION 2. This expenditure shall be charged to the Dredging Project Account
DT0047.
SECTION 3. This Ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
_______________________________________
George Bray, Mayor
ATTEST:
______________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners May 24, 2022
Adopted by the Board of Commissioners, ___________
Recorded by Lindsay Parish, City Clerk, _________________
Published by The Paducah Sun, ___________
\ord\eng\Contract Mod #1 – HDR, Inc. – Dredging Project
hdrinc.com
4645 Village Square Drive, Suite F, Paducah, KY 42001-7448
(270) 444-9691
May 17, 2022
Mr. Rick Murphy, P.E.
City Engineer
City of Paducah
300 South 5th Street
Paducah, KY 42001
270-444-8511
rmurphy@paducahky.gov
Re: Paducah Transient Dock Access Improvement Project - Proposal for Engineering Services - Contract
Amendment No. 1
Dear Rick:
We are very pleased to have the opportunity to work with the City of Paducah on the Paducah Transient Dock Access
Improvement Project. The purpose of this design contract amendment is for HDR Engineering, Inc. (HDR) to provide
engineering drawings and specifications for use as a bid package so that bids for construction may be solicited by the
City. HDR will also conduct the bid process and provide construction administration and inspection. The engineering
scope of services for this amendment is as follows:
· Bid Plans
Anticipated Sheet List May Include:
a. Site Location and Vicinity Map
b. General Notes and Symbols
c. Pre-Dredge Existing Conditions
d. Post-Dredge Conditions
e. Dredge Pipeline Route & Details
f. Dredge Location
g. Disposal Location
h. Cross-Sections
i. Quantities
HDR will not conduct any surveying and will utilize digital files provided by the City of Paducah from Moran
Environmental Recovery (MER), formerly known as Mainstream Commercial Divers, Inc., as well as files
utilized during the permitting efforts already completed. The bid plans will be created with the 2021 survey.
HDR understands that a 2022 survey is currently underway and will pass it along to the contractor, however
the bid plans will be completed with the 2021 survey. If HDR is requested to complete bid plans with the
2022 survey, a contract amendment will be required for the added costs of creating new models, new cross-
sections, and new plans with the 2022 survey.
· Bid Specifications
HDR will create a set of bid specifications typical in nature of that for a dredging project. Additionally, items
of pertinent information will be included, such as but not limited to, acquired permits, project specific
stipulations for permit compliance (such as Paducah Water intake requirements), and items provided by the
City to be included.
· Opinion of Probable Construction Cost (OPCC)
HDR will create an OPCC for the City’s use in reviewing bids received. HDR’s opinions of probable project
cost or probable construction cost are made based on information available to HDR and based on HDR’s
experience and represents its judgment. HDR has no control over the cost of labor, materials, equipment, or
services furnished by others, or over the Contractor’s methods of determining prices, or over competitive
bidding or market conditions. The City understands that proposals, bids, and actual construction cost will
vary from opinions of probable cost prepared by HDR.
· Bidding Process Administration
HDR will conduct the bidding process administration. The bidding process items include:
a. Pre-Bid Meeting
hdrinc.com
4645 Village Square Drive, Suite F, Paducah, KY 42001-7448
(270) 444-9691
b. Fielding Contractor Questions
c. Addendum(s) to Answer Contractor Questions
d. Bid Opening
e. Bid Evaluation/Bid Tabulation
· Construction Inspections, Monitoring, and Reporting
HDR will be on site to inspect the dredging operations for a maximum total of 180 hours. Construction is
expected to last up to 3 weeks (assuming 10 hour days and 6 days per week). Contractor progress will be
monitored and reported on daily inspection forms and submitted to the City weekly. The daily inspection
reports will be used for Contractor Payment Application reviews. If more time is needed for inspections,
monitoring, and reporting, a contract amendment will be required for the additional time required.
· Construction Administration
HDR will attend the Pre-Construction meeting, review Contractor submittals, and administer the project in
accordance with the project specifications. Contractor Payment Applications will also be reviewed under this
task with HDR providing confirmation of work completion to the City so that the City may issue payments
accordingly to the Contractor. Contractor Payment Applications will be reviewed once per month.
Estimated Schedule:
HDR will make efforts to accelerate the schedule as quickly as possible, therefore the dates listed below are
only estimates. It is understood that the City anticipates bidding the project in early August to give the
Contractors the most flexibility in opportunity to conduct the work at their professional discretion. The
estimated schedule is as follows:
· 6/1/22 - anticipated Notice to Proceed issued to HDR
· 6/15/22 – completion of engineering contract documents and signatures between HDR and the City
· 7/8/22 - 30% completion, submit initial plans to the City for review (initial layout of boundaries of
project for City confirmation/comments)
· 7/26/22 - 90% completion, submit final specs to the City for final review
· 8/1/22 – 100% completion, submit final stamped plans, specs, and OPCC to the City for bidding
use
NOTE: above outlined schedule excludes additional time required for City reviews and/or City
requested revisions
Excluded Items:
· Surveying
· Permitting and/or permitting related tasks (beyond those already completed prior to the date of this
letter)
· Hydraulic and/or stormwater modeling (beyond what HDR has already completed as part of the
original contract prior to the date of this letter)
· Design Revisions
· Updated modeling and updated plans with 2022 survey data
· Construction staking (by Contractor)
· Advertisements for bidding (by City)
· Tasks not specifically mentioned as being included
Milestones Already Completed Under Existing Contract:
· USACOE Permit – April 18,2022
· KDOW WQC – February 16, 2022
· KDOW Floodplain – December 1, 2021
· No-Rise Documentation – November 5, 2021
· Deep Water Disposal Site Impact Analysis – October 12, 2021
· Midwest Terminal Sedimentation Extents – January 27, 2022
hdrinc.com
4645 Village Square Drive, Suite F, Paducah, KY 42001-7448
(270) 444-9691
The amount proposed for design performed in accordance with the above scope of services, is to be performed for a
Lump Sum Fee of $86,200.
The original contract amount for this project was $266,250 and during completion one (1) task was not required and
another task required only partial completion; as a result, the contract has had $240,465 invoiced to the City of
Paducah, leaving $25,785 remaining in the contract.
Original Contract Amount: $266,250
Total Amount Remaining in Contract: ($ 25,785)
Additional Engineering Services Required: $ 86,200
Modified Contract Amount: $326,665
Net Amount Added to Contract: $ 60,415
HDR looks forward to working with the City of Paducah in completing this project.
Respectfully Submitted,
HDR Engineering, Inc.
Sheryl Chino, AICP, PMP
Paducah Office Principal
Ben Edelen, PE
Sr. Vice President
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Approve Interlocal Cooperation Agreement with the City of Mayfield for Building Inspection
Services - S KYLE
Category: Ordinance
Staff Work By: Steve Kyle, Daron Jordan, Michelle Smolen, Lindsay Parish, Denton Law Firm
Presentation By: Steve Kyle
Background Information: On December 10, 2021, the City of Mayfield experienced a catastrophic storm,
resulting in extensive damage to or destruction of over 700 structures and minor damage to at least 400
structures within its city limits. The repair and/or replacement of these structures will require significant
involvement of the City of Mayfield’s Office of Planning, Building, and Code Enforcement to ensure
compliance with the City’s building code. This ordinance approves an Interlocal Agreement between the City
of Paducah and the City of Mayfield to assist the City of Mayfield with building inspection and plan review in
order to facilitate the replacement and repair of the damaged structures. The duration of the Interlocal
Agreement until June 30, 2024. Prior to expiration of the agreement, the City Commission may approve
renewal of the Agreement for an additional 3 year term upon agreement of the parties at least 90 days prior to
the expiration of the initial term.
This agreement provides for the City to charge its customary fees for plan review and inspections, plus mileage
and fuel and an increased fee for work performed outside of the City of Paducah's regular work hours. The City
of Paducah retains the right to prioritize building inspection and plan review for its own jurisdiction.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approval.
Attachments:
1.Interlocal Agree – Mayfield Building Inspection Plan Review
ORDINANCE NO. 2022-_____-________
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY,
AUTHORIZING AND APPROVING AN INTERLOCAL AGREEMENT WITH
THE CITY OF MAYFIELD, KENTUCKY, REGARDING BUILDING
INSPECTION AND PLAN REVIEW SERVICES; AND AUTHORIZING THE
EXECUTION OF ALL DOCUMENTS RELATED TO SAME
WHEREAS, on December 10, 2021, the City of Mayfield experienced a
catastrophic storm, resulting in extensive damage to or destruction of over 700 structures and
minor damage to at least 400 structures within its city limits; and
WHEREAS, the repair and/or replacement of these structures will require
significant involvement of the City of Mayfield’s Office of Planning, Building, and Code
Enforcement to ensure compliance with the City’s building code; and
WHEREAS, the City of Paducah is willing to assist the City of Mayfield with
building inspection and plan review in order to facilitate the replacement and repair of the damaged
structures; and
WHEREAS, the City of Paducah and the City of Mayfield do now desire to execute
a formal agreement regarding the services to be provided by the City of Paducah to the City of
Mayfield.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. Recitals and Authorization. The City hereby authorizes and
approves an Interlocal Cooperation Agreement (the “Agreement”) by and between the City of
Paducah, Kentucky, the City of Mayfield, Kentucky, in substantially the same form attached hereto
and made part hereof as Exhibit A. Further, the Mayor of the City is hereby authorized to execute
the Agreement and all documents relating to same with such changes in the agreements not
inconsistent with this Ordinance and not substantially adverse to the City as may be approved by
the official executing the same on behalf of the City.
SECTION 2. Agreement Duration. That the duration of said agreement shall be
Effective Date of this Agreement and ending on June 30, 2024. This Agreement may be renewed
for one (1) additional three (3) year term, upon agreement of the parties at least ninety (90) days
prior to expiration of the initial term. Said agreement shall be approved by formal action of the
Board of Commissioners of the City of Paducah, Kentucky.
SECTION 3. Compliance With Open Meetings Laws. The City Commission
hereby finds and determines that all formal actions relative to the adoption of this Ordinance
were taken in an open meeting of this City Commission, and that all deliberations of this City
Commission and of its committees, if any, which resulted in formal action, were in meetings
open to the public, in full compliance with applicable legal requirements.
SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in
conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed
and the provisions of this Ordinance shall prevail and be given effect.
SECTION 5. 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 be read on two separate days
and will become effective upon summary publication pursuant to KRS Chapter 424.
_________________________________
George Bray, Mayor
Attest:
___________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, _____________________
Adopted by the Board of Commissioners, _______________________
Recorded by Lindsay Parish, City Clerk, ________________________
Published by The Paducah Sun, _______________________________
\ord\Interlocal Agree – Mayfield Building Inspection Plan Review
Exhibit A
238321
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT is made and executed this ___ day
of _______________, 2022 by and among the CITY OF PADUCAH, KENTUCKY and the CITY
OF MAYFIELD, KENTUCKY.
W I T N E S S E T H :
WHEREAS, on December 10, 2021, the City of Mayfield experienced a catastrophic
storm, resulting in extensive damage to or destruction of over 700 structures and minor damage to
at least 400 structures within its city limits; and
WHEREAS, the repair and/or replacement of these structures will require significant
involvement of the City of Mayfield’s Office of Planning, Building, and Code Enforcement to
ensure compliance with the City’s building code;
WHEREAS, the City of Paducah is willing to assist the City of Mayfield with building
inspection and plan review in order to facilitate the replacement and repair of the damaged
structures;
WHEREAS, the City of Paducah and the City of Mayfield do now desire to execute a
formal agreement regarding the services to be provided by the City of Paducah to the City of
Mayfield as provided herein;
NOW, THEREFORE, in consideration of the foregoing premises, and for other good and
valuable consideration, the legal adequacy and sufficiency of which is hereby acknowledged by
all parties hereto, the City of Paducah and the City of Mayfield do covenant and agree as follows:
1. Purpose. Pursuant to the Interlocal Cooperation Act, KRS 65.210 et seq., the City
of Paducah and the City of Mayfield hereby enter into this Agreement, whereby the City of
Mayfield engages the services of the City of Paducah to assist with building inspection and
building plan review.
2. Duration. This Agreement shall remain in full force and effect for a period
beginning on the Effective Date of this Agreement and ending on June 30, 2024. This Agreement
may be renewed for one (1) additional three (3) year term, upon agreement of the parties at least
ninety (90) days prior to expiration of the initial term.
3. Termination. Any provision herein to the contrary notwithstanding, the City of
Paducah or the City of Mayfield may terminate this Agreement at any time, with or without cause,
by providing least ninety (90) days written notice. Upon termination of this Agreement for any
reason, the City of Mayfield shall compensate the City of Paducah for any services performed up
to the date of termination.
4. Administration. This Agreement shall be administered by the City of Mayfield.
5. Statement of Powers Delegated/Requested. Upon request of the City of Mayfield,
the City of Paducah shall assist with the review of building plans and the performance of building
inspections. The City of Mayfield shall provide the City of Paducah with the plans for review
and/or information regarding the location of the property requiring inspection. In performing the
services hereunder, the City of Paducah shall apply the standards and requirements of the
Commonwealth of Kentucky.
6. Financing. The City of Paducah will charge its customary fees for plan review and
property inspection, as may be amended from time to time. Additionally, the City of Mayfield
agrees to compensate the City of Paducah at the rate of $52.50 per hour, plus $2.00 per hour for
mileage and fuel. This rate shall be increased to $72.00 per hour, plus $2.00 per hour for mileage
and fuel, for any work performed outside of the City of Paducah’s regular work hours, as defined
below. The parties agree that these rates shall be adjusted from time to time based upon pay
increases granted to the City o f Paducah’s employees by the Paducah City Commission.
7. Work Day and Overtime. The City of Paducah’s work day for assisting the City of
Mayfield will be 0800hrs to 1630hrs. Work scheduled outside of these hours will require the City
of Mayfield’s authorization for potential overtime. Overtime may be requested on behalf of the
City of Paducah by Fire Chief Steve Kyle or his designee and may be granted on behalf of the City
of Mayfield by Fire Chief Jeremy Creason, or his designee. The parties may document a general
approval of overtime work as needed. The City of Mayfield agrees to compensate the City of
Paducah for overtime at the rates stated above.
8. Priority for Building Inspection and Plan Review. The City of Paducah retains the
right to prioritize building inspection and plan review for its own jurisdiction. The City of Paducah
shall notify the City of Mayfield in the event that the volume of work either in the City of Paducah
or the City of Mayfield exceeds the City of Paducah’s resources. The City of Paducah shall have
the ability to temporarily defer further intake of the City of Mayfield’s work load until resources
can accommodate. Upon the City of Paducah’s ability to accommodate, deferment will be lifted.
9. Insurance. The parties shall notify their liability insurance carriers of this
Agreement. The City of Paducah is to be listed as an additional insured on the City of Mayfield's
insurance policy in regard to its involvement with implementing the provisions of this Agreement.
Likewise, the City of Mayfield is to be listed as an additional insured on the City of Paducah’s
insurance policy in regard to its involvement with implementing the provisions of this Agreement.
A copy of this Agreement shall be forwarded to the cities’ liability insurance carriers upon final
approval by all parties.
10. Indemnification. The City of Mayfield agrees to indemnify and save harmless
Paducah from any and all claims, suits, damages, costs, attorney's fees, losses and expenses in any
manner resulting from, or arising out of, or connected with the performance of the services
contemplated herein.
11. Miscellaneous Provisions.
A. This Agreement represents the entire understanding and agreement reached
between the parties, and all prior covenants, agreements, presentations and understandings are
merged herein.
B. This Agreement shall not be modified or altered, except by written
amendment approved by all parties hereto.
C. Notices made or given by either party in connection with this Agreement
must be in writing to be effective. They shall be deemed given if delivered personally or if
delivered by U.S. mail. Any notices delivered hereunder shall be sent to the addresses set forth as
follows:
If to the City of Mayfield:
CITY OF MAYFIELD
ATTN: MAYOR
1257 CUBA RD
MAYFIELD KY 42066
If to the City of Paducah:
CITY OF PADUCAH
ATTN: CITY MANAGER
PADUCAH KY 42001
D. The validity of this Agreement and of any of its terms and provisions, as
well as the rights and duties of the parties hereunder, shall be governed by the laws of the
Commonwealth of Kentucky. The venue of any legal dispute shall be the courts of the
Commonwealth of Kentucky.
E. Any term or provision of this Agreement, which is invalid or unenforceable
by virtue of any statute, ordinance, court order, court ruling, final administrative order or
otherwise, shall be ineffective to the extent of such invalidity or unenforceability, without
rendering invalid or unenforceable the remaining terms and provisions of this Agreement.
F. The City of Paducah and the City of Mayfield each binds itself, its
successors, assigns and legal representatives to the other party with respect to all covenants,
agreements and obligations contained in this Agreement. Neither party shall assign the
Agreement or any rights or obligations hereunder.
G. No action or failure to act by either party will constitute a waiver of any
right or duty of such party under this Agreement, nor will any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder.
10. Effective Date. This Agreement shall be effective on the date when this Agreement
is executed by the parties hereto after approval by the Department for Local Government as
required by KRS 65.260.
IN WITNESS WHEREOF the parties hereto have set their hands on the date below written.
CITY OF PADUCAH, KENTUCKY ATTEST:
By_______________________________ ________________________________
George Bray, Mayor City Clerk
Date______________________________
CITY OF MAYFIELD, KENTUCKY ATTEST:
By_______________________________ ________________________________
Kathy O’Nan, Mayor City Clerk
Date______________________________
COMMONWEALTH OF KENTUCKY
OFFICE OF THE GOVERNOR
DEPARTMENT FOR LOCAL GOVERNMENT
1 024 CAPITAL CENTER DRIVE, SUITE 340-
FRANKFORT, KENTUCKY 40601-8204
(502) 573-2382
INTERLOCAL COOPERATION AGREEMENT
Between
City of Paducah, Kentucky
City of Mayfield, Kentucky
Approved _______________, 2022
By: __________________________________________
Commissioner, Department of Local Government
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: FY2023 Budget Ordinance - D JORDAN & J PERKINS
Category: Ordinance
Staff Work By: Jonathan Perkins, Audra Kyle, Kamra Davenport, Kristi Gray
Presentation By: Daron Jordan, Jonathan Perkins
Background Information: The proposed Fiscal Year 2023 budget....
1. Includes all annual debt service payment obligations;
2. Includes 3% wage adjustments as contractually obligated for IAFF, FOP, and AFSCME; and, 3% for non-
represented full-time employees;
3. Allows for the minimum 10% General, Investment and Solid Waste Funds reserve requirement;
4. Utilizes 'unreserved cash balances' from the General Fund ($2.5 million);
5. Includes the State mandated 12% pension contribution increase for hazardous duty employees;
6. Includes appropriations for several outside agencies;
7. Assumes a 4% increase in real estate property tax levy (to be voted in separate tax levy ordinance in fall of
2022).
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Recommend the BOC approve the FY2023 budget proposal
Attachments:
1.FY2023 Ordinance narrative (1)
2.FY23 Annual Operating Budget - Funds
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, May 24, 2022
Adopted by the Board of Commissioners, June 14, 2022
Recorded by Lindsay Parish, City Clerk, July____, 2022
Published by The Paducah Sun,
ORD\FINANCE\Budget FY2023
Section 1. The Annual Operating Budget for the Fiscal Year beginning July 1, 2022 and ending June 30, 2023, including all sources of estimated revenues
and appropriations for all City funds as set forth in Exhibit Number 1 attached hereto is hereby adopted.
ORDINANCE NO. 2022-06-
AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2022,
THROUGH JUNE 30, 2023, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS FOR THE OPERATION OF CITY
GOVERNMENT.
WHEREAS, an Annual Operating Budget proposal has been prepared and delivered to the Board of Commissioners of the City of Paducah, KY; and,
WHEREAS, the Board of Commissioners has reviewed and discussed the proposed Annual Operating Budget and desires to adopt it for Fiscal Year 2023.
NOW, THEREFORE, BE IT ORDAINED by the City of Paducah, Kentucky as follows:
G. As vehicles are acquired, the City will fully fund the Fleet Lease Trust Fund in order to replace rolling stock owned by the Fleet Lease Trust Fund as it
achieves obsolescence. The Fleet Lease Trust Fund shall be funded with monthly lease charges assigned to rolling stock as determined by the Finance Director or his
designee. All rolling stock is owned by the City's Fleet Lease Trust Fund, and leased to respective departments for use.
Section 2. The balance of all capital construction, renovation, improvement projects, and grants currently approved and/or nearing completion are hereby
approved for re-appropriation and carry over for the Fiscal Year beginning July 1, 2022 and ending June 30, 2023.
Section 3. The City does hereby adopt the following financial management policies:
A. The General Fund's minimum undesignated cash balance shall be 10% of the General Fund's budgeted appropriations. The Investment Fund's minimum
undesignated cash balance shall be 10% of the Investment Fund's budgeted appropriations. The Solid Waste Fund's minimum unreserved cash balance shall be 10% of
the Solid Waste's budgeted operating expenses. The Debt Service Fund's minimum cash balance shall be not less than $600,000.
B. The City Manager or designee is authorized to transfer appropriated amounts between funds, departmental budget line items, projects, between divisions
of departments, and between departments as shown in Exhibit Number 1.
C. Appropriations designated as Commission contingency shall be obligated upon approval by the City Commission by Municipal Order.
D. Funds appropriated as Administrative contingency shall be obligated at the discretion of the City Manager, however, the Board of Commissioners shall
be notified five calendar days prior to obligation of the proposed expenditure. If any individual member of the Board of Commissioners requests Commission review
of a proposed expenditure, the City Manager shall bring expenditure before the Commission for approval by municipal order, or not proceed.
E. City Manager shall assure that recurring revenues and resources are greater than or equal to recurring expenditures. The City Manager or his designee
shall be authorized to increase appropriations in an amount not to exceed any unanticipated increases in revenue or resources.
F. The City Manager has the authority to enact a budget allocation program or to transfer funds to or from any departmental line item appropriation.
Department Directors shall be responsible for keeping all appropriated accounts within their respective department positive.
Section 5. All prior Municipal Orders or Ordinances or parts of any Municipal Order or Ordinance in conflict herewith are hereby repealed.
Section 6. This ordinance shall be read on two separate days and will become effective upon publication in full pursuant to KRS Chapter 424.
Mayor
H. The City will maintain a self insurance fund called Health Insurance Trust Fund through the use of user fees as set by administrative policy.
I. In fiscal year 2006, the City issued a General Obligation Bond (GOB) for the Police and Firefighters' Pension Fund (PFPF) bringing the fund up to an
actuarially sound basis; however, the multi-year recession starting in fiscal year 2009 reduced the fund's corpus leaving a new unfunded liability. Funding is provided
in the General Fund of this ordinance to further address the PFPF unfunded liability.
J. The City will provide to all eligible employees up to a $727 per month credit (for the months of July - December 2022) to be applied to the
Comprehensive Health Insurance Benefit Plan (Cafeteria Plan) as directed by the employee. In January 2023, this monthly credit may be adjusted by the Board of
Commissioners as recommended by the City Manager or his designee.
K. The City will maintain a special fund called Investment Fund, and is considered an extension of the General Fund. The Investment Fund is funded with a
1/2 cent portion of the City's occupational license fee (employee payroll withholding tax). This fund is dedicated to the following expenditures: economic development,
neighborhood re-development, infrastructure capital investment, property tax relief, and pension obligations.
L. The Oak Grove Cemetery (PF0048) project will be funded in the following manner: 20% of all cemetery lot sales, and 20% of all cemetery crypt sales
will be credited to the project. Proceeds are to be used solely for the general care, maintenance, and embellishments of the cemetery.
Section 4. The provisions of this Ordinance are hereby declared to be severable, and if any section, phrase or provision shall for any reason be declared
invalid, such declaration of invalidity shall not affect the validity of the remainder of this Ordinance.
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Zoning Text Amendments - J SOMMER
Category: Ordinance
Staff Work By: Nicholas Hutchison, Josh Sommer
Presentation By: Josh Sommer
Background Information: On May 5, 2022; the Paducah Planning Commission forwarded a favorable
recommendation to change the zoning text of several sections of the Paducah Zoning Ordinance as contained
herein.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Beautification; Community Growth; Improve Operational
Efficiencies; Downtown; Protecting Key Historical & Cultural Resources
Communications Plan: Public hearing held May 5, 2022. Was duly advertised in accordance
with Kentucky State Law.
Funds Available:Account Name:
Account Number:
Staff Recommendation: Staff recommends approval
Attachments:
1.ORD 126 Zoning Text Amendment – Landscape, Mobile Food, Zoning 2022
2.Signed Resolution (9)
TEXT AMENDMENT
PADUCAH CITY COMMISSIONT
PROCEDURAL NOTE
Zoning text amendments are first heard before the Paducah Planning Commission at a public hearing,
pursuant to KRS 100.211 (2). The Planning Commission has forwarded a positive recommendation to
the City Commission for the adoption of the following text amendments on May 5, 2022.
CONSIDERATIONS
Frequently Planning staff receives inquiries from residents who would like to operate a home occupation
that does not require signage or customers that come to the residence. The City of Hopkinsville has
adopted staff approval for certain home occupations that meet certain parameters. Staff would like to
replicate parameters for staff approval, listed in subsection (4). This would save a petitioner at least three
weeks in application processing and make it easier to obtain a business license. The parameters proposed
would not change the character of the residential use.
The current landscaping regulations state existing trees should be preserved where possible on proposed
new sites to be developed. However, it does not describe a tree protection zone that should be established.
The proposed new text amendment defines how to protect trees, how they should be inventoried and
revises the size trees should be when planted, depending on if they are shade trees, ornamental trees or
multi-stemmed trees. Further, a screen shall be required between business or industrial uses placed next
to residential land uses, irrespective of zone, in order to protect view-sheds and property values.
A revision is proposed to mobile food vehicles to follow all aspects of the National Fire Protection
Association (NFPA) as amended. The Fire Prevention Department requested this revision.
CASE NO.TXT2022-0002
TITLES 126-73 Home occupations, 126-83 Landscape regulations, 126-87 Mobile Food Vehicles
and Food Tents; 126-108 Downtown Business Townlift Zone, B-2-T; 126-115 Historical
Zones, H-1 and H-2
DESCRIPTION Text change to provide for:
Staff approval of certain home occupations.
Greater tree canopy protections for proposed new developments.
Revise Mobile Food Vehicles to reflect changes adopted by the National Fire
Prevention Association. The Fire Prevention Department requested this change.
Allow hotel/ motels rooms, short term rental rooms and bed & breakfast rooms to
be allowed above, below or in the rear 1/3 of the ground floor in the Downtown
Business Townlift Zone (B-2-T) to protect street character and vitality.
Allow hotel/ motels rooms, short term rental rooms and bed & breakfast rooms to
be allowed above, below or in the rear 1/3 of the ground floor in the Historic
Commercial Zone (H-1) to protect street character and vitality.
STAFF REPORT (continued) page 2 of 10
As currently written, the Downtown Business Townlift Zone does not list hotels, motels and bed &
breakfasts as principal uses. This proposed text amendment would allow them specifically. Further, in
order to maintain an active streetscape, staff is proposing hotel & motel rooms, short-term rental unit
rooms and bed & breakfasts rooms to be located above, below or in the rear 1/3 of the ground floor.
Lobbies, workout areas, associated restaurants and other commercial uses associated with these type of
land uses would still be permitted on the ground floor. However, rooms in themselves do not generate an
active street life, which is historically typical of the B-2-T Zone.
In order to maintain an active streetscape in the H-1 Historic Commercial Zone, primarily around the
Market House, staff is proposing hotel & motel rooms, short-term rental unit rooms and bed & breakfasts
rooms to be located above, below or in the rear 1/3 of the ground floor. Lobbies, workout areas, associated
restaurants and other commercial uses associated with these type of land uses would still be permitted on
the ground floor. However, rooms in themselves do not generate an active street life, which is historically
typical of the H-1 Zone.
TEXT AMENDMENT
The proposed amendments are as follows:
Sec. 126-73. Home occupations.
Home occupations are conditionally permitted uses and shall be approved in compliance with the
following regulations.
(1)Nature of use. Home occupations may include the office or studio in the residence of the
following:
a. Doctor;
b. Dentist;
c. Artist;
d. Lawyer;
e. Engineer;
f.Antique shop Tailor;
g. Teacher (with musical instruction limited to one (1) pupil at a time);
h. Realtor;
i. Insurance agent;
j.Dressmaker;
k.Other similar uses except a barbershop, beauty shop, tearoom, or animal hospital (see
definition of home occupation, section 126-3).
(2)Use restrictions. The following restrictions shall be placed on the above home occupations:
a. Must be conducted exclusively by the resident and no more than one (1) employee.
b. Not more than one-fourth (1/4) of one (1) floor of the residence shall be used.
c. Alterations and construction shall be allowed, provided that the external character and
appearance of the building remains unchanged and the requirements of this article are met.
d. An indirectly lighted sign of not over one (1) square foot shall be permitted and shall be
attached flat against the dwelling.
STAFF REPORT (continued) page 3 of 10
(3)Conditions. The Board of Adjustment may attach conditions to its approval which are necessary
to preserve the character of the district in which the proposed use will be located.
(4)Staff approval. Staff may approve home occupations when the proposed home occupation meets
the following provisions:
a. No employees who do not reside at the residence.
b. No storage of stock or goods.
c. No customers may come to the residence.
d. No signage on the property.
e. Home occupation must be clearly incidental and subordinate to the residential use.
f. Property owner must register their name and address with the Department of Planning.
g. Business owner must obtain a business license.
Sec. 126-83 Landscape regulations.
(A) Purpose.
(B) Landscape review procedure.
(C) General requirements.
1. All landscaping materials shall be installed in a sound manner, and according to accepted
good construction and planting procedures. Any landscape material, which fails to meet the
minimum requirements of this article at the time of installation, shall be removed and
replaced with acceptable materials. The person in charge of, or in control of, the property
whether as owner, lessee, tenant, or occupant or otherwise, shall be responsible for the
continued proper maintenance of all landscaping materials and shall keep them in a proper,
neat, and orderly appearance free from refuse, debris, noxious weeds and unwanted grass at
all times. All unhealthy or dead plant material shall be replaced within four (4) months or by
the next fall or spring planting season, whichever comes first; while other . Other defective
landscape material shall be replaced or repaired within two (2) months. Plant material shall
not be severely pruned such that the natural growth pattern or characteristic form is
significantly altered. Topping or heading back trees, as defined by the International Society
of Arboriculture, is prohibited. The severe cutting of limbs to stubs larger than three (3)
inches in diameter is prohibited. Utility companies are exempt from this requirement.
2. Paducah, Kentucky is located within the USDA Plant Hardiness Zone #6 7a.
3. Existing trees shall be: preserved where possible.
a. Preserved where possible as determined by the Zoning Administrator or designee.
b. Inventoried on properties proposed for new development to include:
1. All trees greater than or equal to four (4) inches in diameter at breast height (dbh),
2. Trees growing immediately adjacent to and/ or over the property from adjacent
properties,
3. Trees in public Rights-of-way immediately adjacent to the property,
4. Tree dripline/extent of tree canopy shall be shown on site plans,
5. Tree protection zone (TPZ) shall be established, at a minimum, to the extent of the
drip line of trees to be preserved.
4. Surfaces denuded of vegetation shall be seeded or sodded to prevent soil erosion.
STAFF REPORT (continued) page 4 of 10
5. Sight triangles: See section 126-66 126-65.
6.Trees larger in diameter (dbh) than fifteen (15) inches shall be considered “Significant” and
shall be preserved intact without damage, unless approval is given for removal by the Zoning
Administrator or designee.
a. A TPZ shall be determined and remain undisturbed throughout the extent of construction.
b. Trees larger than thirty (30) inches in diameter (dbh) shall be considered “Historic” and
shall be labeled as such on submitted site plans.
7.Tree protection fencing shall be established around the limits of the TPZ, typically the extent
of the tree dripline.
8.Proposed trees shall be selected from a list of approved trees. Deviations from the approved
list shall be submitted to the Department of Planning for approval prior to acceptance.
9.Trees or other plant materials identified on a list of Unacceptable Trees & Plant Materials
shall not be selected or installed on any development.
10.Trees and understory vegetation shall only be approved as selected from the approved list of
trees for utility trees.
STAFF REPORT (continued) page 5 of 10
(D) Landscaping.
1. All parking lots of more than four (4) parking spaces shall include planted trees in accordance
with schedule 1, below:
Schedule 1
1 to 4 spaces No trees required
5 to 30
spaces
1 tree for each 6 spaces or fraction
thereof up to 30 spaces
31 to 100
spaces
5 trees for the first 30 spaces, plus 1 tree
for each additional 7 spaces or
fraction thereof
101 to 196
spaces
15 trees for the first 100 spaces, plus 1
tree for each additional 8 spaces or
fraction thereof
197 to 304
spaces
27 trees for the first 196 spaces, plus 1
tree for each additional 9 spaces or
fraction thereof
305 to 504
spaces
39 trees for the first 305 spaces, plus 1
tree for each additional 10 spaces or
fraction thereof
505 or more
spaces
59 trees for the first 505 spaces, plus 1
tree for each additional 11 spaces or
fraction thereof
2.Shade/ canopy trees Trees shall be at least one two and one-half inches (1 1/2") (2 ½”) in
diameter at a point six twelve inches (6”) (12”) above the ground when planted, ornamental/
understory trees shall be at least one and three-fourths inches (1 ¾”) in diameter at the point
twelve inches (12”) above ground when planted and approved multi-stemmed trees shall be a
minimum of seven feet (7’) tall. tree type shall be approved by the Zoning Administrator and
All trees shall be protected from potential damage by vehicles. Thirty (30) percent of required
trees shall be placed within the perimeter of the actual parking surface area in those parking
lots of over twenty (20) spaces, spaced not closer together than twenty (20) feet.
3. Interior landscaping for vehicular use areas (VUAs). Landscaping shall include trees, shrubs,
flowers or other living matter and shall be provided for vehicular use areas in accordance with
the following standards:
i. A minimum of five (5) percent of the total VUA shall be landscaped and the landscaping
shall be dispersed throughout the paved area. The VUA landscaping shall only be required
for uses that have more than twenty (20) parking spaces. This section shall not apply to
parking lots that are used for the sole purpose of selling vehicles.
ii. The VUA landscaping shall contain a variety of trees and be dispersed in the form of
planting islands or peninsulas throughout the VUA. The minimum size of planting areas
shall be eighty (80) square feet. The minimum size of a planting island or peninsula
STAFF REPORT (continued) page 6 of 10
containing a tree(s) within the VUA shall be two hundred (200) square feet with minimum
dimensions of ten feet (10’) by twenty feet (20’) or a minimum of eighty (80) square feet
if a tree is not proposed.
iii.No more than one (1) tree shall be planted per two hundred (200) square feet of islands or
peninsulas.
iv. Planting islands within the VUA shall be required at the end of every other parking row,
when parking rows are provided in the interior portions of the parking lot. (Illustration #1)
Illustration #1
1. All planting islands shall be planted with grass, low ground cover, shrubs, flowers,
or any combination of these. Hard surfaces or gravel are not permitted in lieu of
plant materials.
2. All planting islands shall have a minimum of six (6) inch curbs installed to protect
the planting area from vehicular traffic.
3. All plant material (other than grass, or ground cover) located within landscape
islands where vehicle overhangs are needed shall be setback a minimum of two (2)
feet, six (6) inches from the edge of pavement or the face of the curb.
4. Sign landscaping. Landscaping shall be located around the base of freestanding
signs. The landscaping shall be ornamental in nature with shrubs, flowers and other
ornamental plant materials. Sign landscaping is not required for freestanding signs
permitted before the adoption of this article. The amount of landscape area required
shall be one (1) square foot of landscape area per one (1) square foot of sign area.
At least fifty (50) percent of the required landscaping area shall be planted with
trees and/or shrubs.
5. Building landscaping. Any blank façade, or portion of a façade, of a building that
is not used for outdoor display, storage or loading/unloading shall be required to
provide the following landscaping if the wall is visible from a public right-of-way.
Blank facades shall be classified defined as any wall that does not have windows
used for display or entry doors for employees or the general public. Buildings,
which are ten thousand (10,000) square feet or smaller, shall be exempt, form from
the requirements of this section.
i. Trees shall be provided on an average of at least one (1) tree per forty (40)
linear feet of blank façade as defined above and shrubs shall be provided on an
average of at least one (1) shrub per ten (10) linear feet of blank façade. This
landscaping is not required to be placed in a linear design, but shall be required
to be dispersed throughout the length of the building façade.
ii. Façades that abut VUAs shall have a minimum eight (8) feet wide planting
area. This planting area can be reduced by four (4) feet if sidewalks are
installed.
(E) Screening requirements. The necessity of screening and the type of screening required varies
greatly with each particular situation. Therefore, it is the intent of this section to provide a
STAFF REPORT (continued) page 7 of 10
discretionary measure in deciding the appropriate height, width and type of screening necessary,
with the following provisions:
(1)Required screening; height limits. Screening shall be required and adequately maintained in the
following situations:
a. 1. Where a business zone abuts a City or County residential zone, a screen will shall be
required along the boundary of the business property adjacent to the residential property.
b. 2. Where an industrial zone abuts a City of County residential zone, a screen will shall be
required along the boundary of the industrial property adjacent to the residential property.
c. Where a business or industrial zone abuts a county residential zone, a screen will be
required along the boundary of the adjacent residential zone.
1. 3. Where on any lot, or portion thereof,; automobiles, appliances and their
component parts are under repair or reduction, a screen shall be required.
2. 4. Off-street parking lots shall be screened when located adjacent to or in a
residential zone.
3. 5. Mobile home parks shall provide a screen along their property lines as required
by section 62-60 (5) (b) 126-69 (5).
4. 6. Commercial or industrial businesses shall provide a screen between the
commercial or industrial business and any residential use located adjacent to it,
irrespective of zone.
5. 7. Fences in a residential zone, which may be placed along a boundary for the
purpose of providing privacy or security to the resident, shall follow the following
height limitations: (Illustration #2)
i. Front yard: Four (4) feet. Fences shall be of a decorative design,
(chainlink chain-link, barbed wire, stock wire, chicken wire and
similar type fences are not permitted in the front yard).
ii. Side yard: Six (6) feet.
iii. Rear yard: Eight (8) feet.
(2) a. For the purpose of this section, the term "fence" shall be interpreted to include any type of
fence, wall, trellis or structure placed for the purpose of this section.
(3) b. All fences shall be constructed of durable materials and shall be installed to withstand the
elements. Fences shall be maintained in good repair at all times.
(4) c. Uses specified above as requiring screening shall provide a visual obstruction from adjacent
properties in conformance with the following standards:
(1) The screen may be composed of view-obscuring vegetation, wall, fence, or berm.
Illustration #2
STAFF REPORT (continued) page 8 of 10
(2) The items may be used individually or in combination. Fences constructed of chainlink
chain-link, barbed wire, stock wire, chicken wire or other similar type fences are not
permitted when used for screening.
(3) The result shall be a semi-opaque eighty (80) percent screen, which obscures views from
the ground to a height of the object being screened; however, the screen is not required to
exceed eight (8) feet.
(4) Plant materials shall be at least two (2) feet tall at the time of installation and reach the
desired height within three (3) to five (5) years.
(5) When a combination of features is proposed, one-fourth (1/4) of the surface area of a walls,
fences or berms that face off-site must be covered with plant material within three (3) to
five (5) years.
(6)Additionally, screen Screening areas shall be sufficient to allow for the mature growth of
plant materials when used.
(7)Plan approval. The procedure to determine screening height, type and width is as follows: The
8. A developer shall submit the developer’s plat a site plan to the Planning and Zoning
Administrator and City Engineer and shall show the proposed type of screening to be located
along the boundary of the developer’s property.
(F)Enforcement.
1. Inspections will be conducted by the City planning office Department of Planning after
the installation of landscaping to ensure compliance with the submitted and approved site
plan.
2. The removal or destruction of landscape material previously approved by the City shall
constitute a violation of this chapter. Replacement of landscape material shall be of like
size as that which was removed or destroyed.
3. Violation of this article shall be grounds for the refusal of a certificate of occupancy,
require replacement of landscape material, and/or will subject those in violation to the
established fines and penalties of this chapter.
(G) Waiver of requirements. The Planning Commission shall have the authority to grant a waiver of any
of the requirements in this section upon written request, which outlines the rationale for the
waiver. The Planning Commission shall review each written request and grant a waiver only:
a.under unusual or extreme circumstances which cause an unreasonable hardship such as the size
of the lot.; or,
b.when an innovative or alternative approach can be made which still meets the intent and purpose
of this section.
Sec. 126-87. Mobile Food Vehicles and Food Tents.
(a)Purpose and intent.
(b)Definitions.
(c)Exemptions.
STAFF REPORT (continued) page 9 of 10
(d)Zoning locations.
(e)Location and hours.
(f)Self-contained units and appurtenances.
(g)Garbage disposal.
(h)Serving articles and alcoholic beverages.
(i)Special events. Mobile Food Vehicles are prohibited from vending two thousand, five hundred
(2,500) feet from special event permitted areas; including, but not limited to, Barbeque on the
River and Quilt Week unless the Mobile Food Vehicle is permitted by the City; the City Parks
Services Department and/or the permit holder responsible for the special event. The “Safety
Guidelines for Special Events and Mobile Food Vehicles” must be obtained from the Paducah
Fire Prevention Division and followed thereto. Mobile Food Vehicles shall comply with all
aspects of applicable provisions of the National Fire Protection Association (NFPA) Code 1 (2018
Edition), Chapter 50 (Commercial Cooking), and any future amendments thereto adopted by the
NFPA, unless specifically omitted by amendment to this article.
(j)Noise.
(k)Application and permitting.
(l)Food Tents.
Sec. 126-108. Downtown Business Townlift Zone, B-2-T.
The purpose of this zone is to encourage the development, redevelopment and the preservation of the
City's Townlift area.
(1)Principal permitted uses.
a. Trade, business and vocational schools;
b. Places of amusement, assembly and recreation;
c. Assembly buildings of fraternal, professional and labor organizations;
d. Commercial parking lots and garages;
e. Newspapers and printing establishments;
f. Radio and TV stations;
g. Residential dwelling units;
h. Restaurant/bakery/pub (no drive through permitted);
i. Retail;
j. Short-term rentals (includes special event short-term rentals);
k. Hotels/ motels
l. Bed & breakfasts
k m. Any other similar use which, in the Commission's opinion, would not impair the business
character of the downtown area.
(2)Minimum area and yard requirements. None.
(3)Maximum building height. None.
(4)Parking requirements.
(5)Minimum sight distance.
STAFF REPORT (continued) page 10 of 10
(6)Ground floor use. The ground floor of all structures in the B-2-T Zone shall be a permitted use
as defined in subsection (1) except that residential uses, hotel/ motel rooms, short-term rental
rooms or bed & breakfast rooms may be permitted on any floor above or below the ground floor.
Residential uses, hotel/ motel rooms, short-term rental rooms or bed & breakfast rooms may also
be located permitted in the rear one-third (1/3) of the ground floor.
Sec. 126-115. Historical Zones, H-1 and H-2.
(a)Use provisions for the Historic Commercial Zone, H-1. The purpose of the H-1 Zone is to
encourage the development, redevelopment and the preservation of the City's historic commercial
area.
(1) Principal permitted uses.
(2)Minimum yard requirements.
(3)Minimum area requirements.
(4)Maximum building height.
(5)Parking requirements.
(6)Ground floor use. The ground floor of all structures in the H-1 Zone shall be a permitted use as
defined in subsection (1) except that residential uses, hotel/ motel rooms, short-term rental rooms
or bed & breakfast rooms may be permitted on any floor above or below the ground floor.
Residential uses, hotel/ motel rooms, short-term rental rooms or bed & breakfast rooms may also
be located permitted in the rear one-third (1/3) of the ground floor.
STAFF RECOMMENDATION
Based upon the positive recommendation from the Planning Commission, staff recommends the City
Commission adopt the zoning text amendments contained herein.
ORDINANCE NO. 2022-_____-_______
AN ORDINANCE AMENDING CHAPTER 126
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH
WHEREAS, any change to the text of the zoning code must be referred to the Paducah
Planning Commission before adoption and considered in accordance with KRS 100.211; and
WHEREAS, a public hearing was held on May 5, 2022 by the Planning Commission
after advertisement pursuant to law; and
WHEREAS, the Paducah Planning Commission duly considered said proposal and has
heard and considered the objections and suggestions of all interested parties who appeared at said
hearing; and
WHEREAS, the Planning Commission adopted a proposal to change the text of Chapter
126 of the City of Paducah zoning ordinance; and
WHEREAS, the City desires to amend certain sections of the Paducah Code of
Ordinances to reflect the changes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky hereby amends the following sections
of the Paducah Code of Ordinances as follows:
Sec. 126-73. Home occupations.
Home occupations are conditionally permitted uses and shall be approved in compliance with the
following regulations.
(1) Nature of use. Home occupations may include the office or studio in the residence of the
following:
a. Doctor;
b. Dentist;
c. Artist;
d. Lawyer;
e. Engineer;
f. [Antique shop] Tailor;
g. Teacher (with musical instruction limited to one (1) pupil at a time);
h. Realtor;
i. Insurance agent;
j. [Dressmaker; ]
k. Other similar uses except a barbershop, beauty shop, tearoom, or animal hospital
(see definition of home occupation, section 126-3).
(2) Use restrictions. The following restrictions shall be placed on the above home
occupations:
a. Must be conducted exclusively by the resident and no more than one (1)
employee.
b. Not more than one-fourth (1/4) of one (1) floor of the residence shall be used.
c. Alterations and construction shall be allowed, provided that the external character
and appearance of the building remains unchanged and the requirements of this article
are met.
d. An indirectly lighted sign of not over one (1) square foot shall be permitted and
shall be attached flat against the dwelling.
(3) Conditions. The Board of Adjustment may attach conditions to its approval which are
necessary to preserve the character of the district in which the proposed use will be located.
(4) Staff approval. Staff may approve home occupations when the proposed home
occupation meets the following provisions:
a. No employees who do not reside at the residence.
b. No storage of stock or goods.
c. No customers may come to the residence.
d. No signage on the property.
e. Home occupation must be clearly incidental and subordinate to the residential use.
f. Property owner must register their name and address with the Department of
Planning.
g. Business owner must obtain a business license.
Sec. 126-83 Landscape regulations.
(A) Purpose.
(B) Landscape review procedure.
(C) General requirements.
1. All landscaping materials shall be installed in a sound manner, and according to
accepted good construction and planting procedures. Any landscape material, which
fails to meet the minimum requirements of this article at the time of installation, shall
be removed and replaced with acceptable materials. The [person in charge of, or in
control of, the property whether as] owner, lessee, tenant[, ] or occupant [or
otherwise,] shall be responsible for the continued proper maintenance of all
landscaping materials and shall keep them in a proper, neat, and orderly appearance
free from refuse, debris, noxious weeds and unwanted grass at all times. All unhealthy
or dead plant material shall be replaced within four (4) months or by the next fall or
spring planting season, whichever comes first[; while other] . Other defective
landscape material shall be replaced or repaired within two (2) months. Plant material
shall not be severely pruned such that the natural growth pattern or characteristic form
is significantly altered. Topping or heading back trees, as defined by the International
Society of Arboriculture, is prohibited. The severe cutting of limbs to stubs larger
than three (3) inches in diameter is prohibited. Utility companies are exempt from this
requirement.
2. Paducah, Kentucky is located within the USDA Plant Hardiness Zone [#6] 7a.
3. Existing trees shall be: [preserved where possible. ]
a. Preserved where possible as determined by the Zoning Administrator or
designee.
b. Inventoried on properties proposed for new development to include:
1. All trees greater than or equal to four (4) inches in diameter at breast height
(dbh),
2. Trees growing immediately adjacent to and/ or over the property from
adjacent properties,
3. Trees in public Rights-of-way immediately adjacent to the property,
4. Tree dripline/extent of tree canopy shall be shown on site plans,
5. Tree protection zone (TPZ) shall be established, at a minimum, to the extent
of the drip line of trees to be preserved.
4. Surfaces denuded of vegetation shall be seeded or sodded to prevent soil erosion.
5. Sight triangles: See section [126-66] 126-65.
6. Trees larger in diameter (dbh) than fifteen (15) inches shall be considered “Significant”
and shall be preserved intact without damage, unless approval is given for removal by
the Zoning Administrator or designee.
a. A TPZ shall be determined and remain undisturbed throughout the extent of
construction.
b. Trees larger than thirty (30) inches in diameter (dbh) shall be considered “Historic”
and shall be labeled as such on submitted site plans.
7. Tree protection fencing shall be established around the limits of the TPZ, typically the
extent of the tree dripline.
8. Proposed trees shall be selected from a list of approved trees. Deviations from the
approved list shall be submitted to the Department of Planning for approval prior to
acceptance.
9. Trees or other plant materials identified on a list of Unacceptable Trees & Plant
Materials shall not be selected or installed on any development.
10. Trees and understory vegetation shall only be approved as selected from the approved
list of trees for utility trees.
(D) Landscaping.
1. All parking lots of more than four (4) parking spaces shall include planted trees in
accordance with schedule 1, below:
Schedule 1
1 to 4 spaces No trees required
5 to 30
spaces
1 tree for each 6 spaces or fraction
thereof up to 30 spaces
31 to 100
spaces
5 trees for the first 30 spaces, plus 1 tree
for each additional 7 spaces or
fraction thereof
101 to 196
spaces
15 trees for the first 100 spaces, plus 1
tree for each additional 8 spaces or
fraction thereof
197 to 304
spaces
27 trees for the first 196 spaces, plus 1
tree for each additional 9 spaces or
fraction thereof
305 to 504
spaces
39 trees for the first 305 spaces, plus 1
tree for each additional 10 spaces or
fraction thereof
505 or more
spaces
59 trees for the first 505 spaces, plus 1
tree for each additional 11 spaces or
fraction thereof
2. Shade/ canopy trees [Trees] shall be at least [one] two and one-half inches [(1 1/2")]
(2 ½”) in diameter at a point [six] twelve inches [(6”)] (12”) above the ground when
planted, ornamental/ understory trees shall be at least one and three-fourths inches (1
¾”) in diameter at the point twelve inches (12”) above ground when planted and
approved multi-stemmed trees shall be a minimum of seven feet (7’) tall. [tree type
shall be approved by the Zoning Administrator and] All trees shall be protected from
potential damage by vehicles. Thirty (30) percent of required trees shall be placed
within the perimeter of the actual parking surface area in those parking lots of over
twenty (20) spaces, spaced not closer together than twenty (20) feet.
3. Interior landscaping for vehicular use areas (VUAs). Landscaping shall include trees,
shrubs, flowers or other living matter and shall be provided for vehicular use areas in
accordance with the following standards:
i. A minimum of five (5) percent of the total VUA shall be landscaped and the
landscaping shall be dispersed throughout the paved area. The VUA landscaping
shall only be required for uses that have more than twenty (20) parking spaces.
[This section shall not apply to parking lots that are used for the sole purpose of
selling vehicles.]
ii. The VUA landscaping shall contain a variety of trees and be dispersed in the form
of planting islands or peninsulas throughout the VUA. [The minimum size of
planting areas shall be eighty (80) square feet.] The minimum size of a planting
island or peninsula containing a tree(s) within the VUA shall be two hundred (200)
square feet with minimum dimensions of ten feet (10’) by twenty feet (20’) or a
minimum of eighty (80) square feet if a tree is not proposed.
iii. No more than one (1) tree shall be planted per two hundred (200) square feet of
islands or peninsulas.
iv. Planting islands within the VUA shall be required at the end of every other parking
row, when parking rows are provided in the interior portions of the parking lot.
(Illustration #1)
Illustration #1
1. All planting islands shall be planted with grass, low ground cover, shrubs,
flowers[,] or any combination of these. Hard surfaces or gravel are not
permitted in lieu of plant materials.
2. All planting islands shall have a minimum of six (6) inch curbs installed to
protect the planting area from vehicular traffic.
3. All plant material (other than grass, or ground cover) located within
landscape islands where vehicle overhangs are needed shall be setback a
minimum of two (2) feet, six (6) inches from the edge of pavement or the
face of the curb.
4. Sign landscaping. Landscaping shall be located around the base of
freestanding signs. The landscaping shall be ornamental in nature with
shrubs, flowers and other ornamental plant materials. Sign landscaping is
not required for freestanding signs permitted before the adoption of this
article. The amount of landscape area required shall be one (1) square foot
of landscape area per one (1) square foot of sign area. At least fifty (50)
percent of the required landscaping area shall be planted with trees and/or
shrubs.
5. Building landscaping. Any blank façade, or portion of a façade, of a
building that is not used for outdoor display, storage or loading/unloading
shall be required to provide the following landscaping if the wall is visible
from a public right-of-way. Blank facades shall be [classified] defined as
any wall that does not have windows used for display or entry doors for
employees or the general public. Buildings, which are ten thousand
(10,000) square feet or smaller, shall be exempt[, form] from the
requirements of this section.
i. Trees shall be provided on an average of at least one (1) tree per forty
(40) linear feet of blank façade as defined above and shrubs shall be
provided on an average of at least one (1) shrub per ten (10) linear feet
of blank façade. This landscaping is not required to be placed in a linear
design, but shall be required to be dispersed throughout the length of
the building façade.
ii. Façades that abut VUAs shall have a minimum eight (8) feet wide
planting area. This planting area can be reduced by four (4) feet if
sidewalks are installed.
(E) Screening requirements. The necessity [of screening] and [the] type of screening required
varies greatly with each particular situation. Therefore, it is the intent of this section to
provide a discretionary measure in deciding the appropriate height, width and type of
screening necessary, with the following provisions:
(1) [Required screening; height limits. Screening shall be required and adequately maintained
in the following situations:] ]
a. 1. Where a business zone abuts a City or County residential zone, a screen [will]
shall be required along the boundary of the business property adjacent to the
residential property.
b. 2. Where an industrial zone abuts a City of County residential zone, a screen [will]
shall be required along the boundary of the industrial property adjacent to the
residential property.
c. [Where a business or industrial zone abuts a county residential zone, a screen will
be required along the boundary of the adjacent residential zone.]
1. 3. Where on any lot, or portion thereof,; automobiles, appliances and their
component parts are under repair or reduction, a screen shall be required.
2. 4. Off-street parking lots shall be screened when located adjacent to or in a
residential zone.
3. 5. Mobile home parks shall provide a screen along their property lines as
required by section [62-60 (5) (b)] 126-69 (5).
4. 6. Commercial or industrial businesses shall provide a screen between the
commercial or industrial business and any residential use located adjacent to
it, irrespective of zone.
5. 7. Fences in a residential zone, which may be placed along a boundary for
the purpose of providing privacy or security to the resident, shall follow the
following height limitations: (Illustration #2)
i. Front yard: Four (4) feet. Fences shall be of a decorative
design[,] ([chainlink] chain-link, barbed wire, stock wire,
chicken wire and similar type fences are not permitted in the
front yard).
ii. Side yard: Six (6) feet.
iii. Rear yard: Eight (8) feet.
(2) a. For the purpose of this section, the term "fence" shall be interpreted to include any
type of fence, wall, trellis or structure placed for the purpose of this section.
(3) b. All fences shall be constructed of durable materials and shall be installed to
withstand the elements. Fences shall be maintained in good repair at all times.
(4) c. Uses specified above as requiring screening shall provide a visual obstruction from
adjacent properties in conformance with the following standards:
(1) The screen may be composed of view-obscuring vegetation, wall, fence[, ] or berm.
(2) The items may be used individually or in combination. Fences constructed of
[chainlink] chain-link, barbed wire, stock wire, chicken wire or other similar type
fences are not permitted when used for screening.
(3) The result shall be a semi-opaque eighty (80) percent screen, which obscures views
from the ground to a height of the object being screened; however, the screen is
not required to exceed eight (8) feet.
(4) Plant materials shall be at least two (2) feet tall at the time of installation and reach
the desired height within three (3) to five (5) years.
(5) When a combination of features is proposed, one-fourth (1/4) of the surface area
of a walls, fences or berms that face off-site must be covered with plant material
within three (3) to five (5) years.
(6) [Additionally, screen] Screening areas shall be sufficient to allow for the mature
growth of plant materials when used.
(7) [Plan approval. The procedure to determine screening height, type and width is as
follows: The] 8. A developer shall submit [the developer’s plat] a site plan to the
Planning and Zoning Administrator [and City Engineer] and shall show the proposed
type of screening to be located along the boundary of the developer’s property.
(F) Enforcement.
Illustration #2
1. Inspections will be conducted by the [City planning office] Department of
Planning after the installation of landscaping to ensure compliance with the
submitted and approved site plan.
2. The removal or destruction of landscape material previously approved by the City
shall constitute a violation of this chapter. Replacement of landscape material shall
be of like size as that which was removed or destroyed.
3. Violation of this article shall be grounds for the refusal of a certificate of
occupancy, require replacement of landscape material, and/or will subject those in
violation to the established fines and penalties of this chapter.
(G) Waiver of requirements. The Planning Commission shall have the authority to grant a waiver
of any of the requirements in this section upon written request, which outlines the rationale
for the waiver. The Planning Commission shall review each written request and grant a
waiver only:
a. under unusual or extreme circumstances which cause an unreasonable hardship such as
the size of the lot.[; or, ]
b. when an innovative or alternative approach can be made which still meets the intent and
purpose of this section.
Sec. 126-87. Mobile Food Vehicles and Food Tents.
(a) Purpose and intent.
(b) Definitions.
(c) Exemptions.
(d) Zoning locations.
(e) Location and hours.
(f) Self-contained units and appurtenances.
(g) Garbage disposal.
(h) Serving articles and alcoholic beverages.
(i) Special events. Mobile Food Vehicles are prohibited from vending two thousand, five
hundred (2,500) feet from special event permitted areas; including, but not limited to,
Barbeque on the River and Quilt Week unless the Mobile Food Vehicle is permitted by
the City; the City Parks Services Department and/or the permit holder responsible for the
special event. [The “Safety Guidelines for Special Events and Mobile Food Vehicles”
must be obtained from the Paducah Fire Prevention Division and followed thereto.]
Mobile Food Vehicles shall comply with all aspects of applicable provisions of the
National Fire Protection Association (NFPA) Code 1 (2018 Edition), Chapter 50
(Commercial Cooking), and any future amendments thereto adopted by the NFPA, unless
specifically omitted by amendment to this article.
(j) Noise.
(k) Application and permitting.
(l) Food Tents.
Sec. 126-108. Downtown Business Townlift Zone, B-2-T.
The purpose of this zone is to encourage the development, redevelopment and the preservation of
the City's Townlift area.
(1) Principal permitted uses.
a. Trade, business and vocational schools;
b. Places of amusement, assembly and recreation;
c. Assembly buildings of fraternal, professional and labor organizations;
d. Commercial parking lots and garages;
e. Newspapers and printing establishments;
f. Radio and TV stations;
g. Residential dwelling units;
h. Restaurant/bakery/pub (no drive through permitted);
i. Retail;
j. Short-term rentals (includes special event short-term rentals);
k. Hotels/ motels
l. Bed & breakfasts
k m. Any other similar use which, in the Commission's opinion, would not impair the
business character of the downtown area.
(2) Minimum area and yard requirements. None.
(3) Maximum building height. None.
(4) Parking requirements.
(5) Minimum sight distance.
(6) Ground floor use. The ground floor of all structures in the B-2-T Zone shall be a permitted
use as defined in subsection (1) except that residential uses, hotel/ motel rooms, short-term
rental rooms or bed & breakfast rooms may be permitted on any floor above or below the
ground floor. Residential uses, hotel/ motel rooms, short-term rental rooms or bed &
breakfast rooms may also be [located] permitted in the rear one-third (1/3) of the ground
floor.
Sec. 126-115. Historical Zones, H-1 and H-2.
(a) Use provisions for the Historic Commercial Zone, H-1. The purpose of the H-1 Zone is
to encourage the development, redevelopment and the preservation of the City's historic
commercial area.
(1) Principal permitted uses.
(2) Minimum yard requirements.
(3) Minimum area requirements.
(4) Maximum building height.
(5) Parking requirements.
(6) Ground floor use. The ground floor of all structures in the H-1 Zone shall be a permitted
use as defined in subsection (1) except that residential uses, hotel/ motel rooms, short-term
rental rooms or bed & breakfast rooms may be permitted on any floor above or below the
ground floor. Residential uses, hotel/ motel rooms, short-term rental rooms or bed &
breakfast rooms may also be [located] permitted in the rear one-third (1/3) of the ground
floor.
SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 3. Compliance with Open Meetings Laws. The City Commission hereby finds
and determines that all formal actions relative to the adoption of this Ordinance were taken in an
open meeting of this City Commission, and that all deliberations of this City Commission and of
its committees, if any, which resulted in formal action, were in meetings open to the public, in full
compliance with applicable legal requirements.
SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict
with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
SECTION 5. Effective Date. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, _________________
Adopted by the Board of Commissioners, ___________________
Recorded by the City Clerk, ______________________________
Published by The Paducah Sun, ___________________________
ord\Plan\126 Zoning Text Amendment – Landscape, Mobile Food, Zoning 2022
Agenda Action Form
Paducah City Commission
Meeting Date: June 14, 2022
Short Title: Consensual Annexation of 5345 Hinkleville Road - J SOMMER
Category: Ordinance
Staff Work By: Nicholas Hutchison, Josh Sommer
Presentation By: Josh Sommer
Background Information: The property owner has requested consensual annexation into the City of
Paducah. The property contains two tracts on both sides of Hinkleville Road. She would like to utilize the
City of Paducah Real Estate incentive. The total annexed area is proposed to be 5.22 acres, including a portion
of Highway 60 Right-of-Way.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Community Growth
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Staff recommends approval.
Attachments:
1.MO - Annex – Consensual 5345 Hinkleville Road
2.Annexation request letter
3.5345 Hinkleville Road Annex Plat
4.Tract 1 Description
ORDINANCE NO. 2022-_____-_______
AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH,
KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE
CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE
BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE
LIMITS
WHEREAS, the property, approximately 5.22 acres of land located at 5345 Hinkleville
Road is contiguous to the boundaries of the City of Paducah and particularly and accurately set
out in the legal description below; and
WHEREAS, said property is suitable for development for urban purposes without
unreasonable delay because of population density, commercial, industrial, or governmental use of
land, or subdivision of land; and
WHEREAS, said property does not include any territory that is already within the
jurisdiction of another incorporated city, or another county; and
WHEREAS, said property is not part of an agricultural district formed pursuant to
KRS 262.850(10); and
WHEREAS, the owners of said property, Harriett Reed (Harriett & Walter Reed Trust),
has requested said consensual annexation in writing to the Board of Commissioners, and she
intends to take advantage of the City of Paducah Real Estate Property Tax reimbursement; and
WHEREAS, pursuant to KRS 81A.412, a city may annex any area that meets the
requirements of KRS 81A.410 if each of the landowners in the area to be annexed gives prior
written consent to the annexation; and
WHEREAS, the City of Paducah now wishes to enact a single ordinance annexing the
land described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah, Kentucky, annexes into the corporate limits and
makes a part of the City of Paducah, Kentucky, said real property being more particularly and
accurately described as follows:
LEGAL DESCRIPTION - TRACT 1
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located along U.S. Highway 60 (a.k.a. Hinkleville Road) and Old U.S. Highway 60,
Paducah, McCracken County, Kentucky, more particularly described as:
Beginning at a point in the north right-of-way line of U.S. Highway 60 (a.k.a. Hinkleville
Road), said point also being the southwest corner of the Howe Properties Incorporated
property (recorded in Deed Book 1403, Page 801), said point also being a point in the
existing City of Paducah limits;
Thence along the above said right-of-way and with the existing City of Paducah limits,
S52º16’09”W a distance of 111.47 ft. to a point;
Thence continuing along the above said right-of-way and with the existing City of
Paducah limits, S10º36’30”E a distance of 43.00 ft. to a point;
Thence continuing along the above said right-of-way and with the existing City of
Paducah limits, S86º06’32”W a distance of 217.94 ft. to a point;
Thence leaving the above said right-of-way and with the existing City of Paducah limits,
S03º53’28”E a distance of 216.26 ft. to a point, said point also being in the south right-of-
way line of U.S. Highway 60 (a.k.a. Hinkleville Road), said point also being in the north
right-of-way of Old Highway 60;
Thence along the north right-of-way of Old Highway 60 and with the existing City of
Paducah limits, S77º52’25”W a distance of 68.99 ft. to a point;
Thence continuing along the above said right-of-way and with the existing City of
Paducah limits, S71º09’57”W a distance of 450.86 ft. to a point, said point being the
southeast corner of the Michael Johnson property (recorded in Deed Book 1180, Page
194);
Thence leaving the above said right-of-way and with the new City of Paducah limits,
N32º15’55”E a distance of 108.12 ft. to a point, said point being in the south right-of-way
of U.S. Highway 60 (a.k.a. Hinkleville Road), said point also being the northeast corner
of the Michael Johnson property (recorded in Deed Book 1180, Page 194);
Thence continuing along the new City of Paducah limits, N32º18’27”E a distance of
316.03 ft. to a point, said point being in the north right-of-way of U.S. Highway 60 (a.k.a.
Hinkleville Road), said point also being in the southeast corner of the Harriet S. Reed,
Trustee of the Walter R. Reed Trust under the Walter R. & Harriet S. Reed Revocable
Living Trust property (recorded in Deed Book 1198, Page 432);
Thence with the existing City of Paducah limits and along the east property line of the
above said Reed Revocable Living Trust property, N32º24’11”E a distance of 338.25 ft.
to a point;
Thence continuing along the existing City of Paducah limits and the east property line of
the above said Reed Revocable Living Trust property, N32º24’46”E a distance of 259.75
ft. to a point, said point being the northwest corner of the Howe Properties Incorporated
property (recorded in Deed Book 1403, Page 801);
Thence with the existing City of Paducah limits and the west property line of the above
said Howe Property Incorporated property, S32º24’52”E a distance of 429.19 ft. to the
Point of Beginning.
The above described Tract contains 5.220 acres.
The above described tract is the entire property of the Harriet S. Reed, Trustee of the
Walter R. Reed Trust under the Walter R. & Harriet S. Reed Revocable Living Trust
(recorded in Deed Book 1294, Page 758) and a part of Commonwealth of Kentucky -
U.S. Highway 60 right-of-way.
The above described Tract is not for Land Title Transfer but for annexation proposes
only.
SECTION 2. The City of Paducah hereby declares it desirable to annex the property
described in Section 1 above.
SECTION 3. If any section or portion of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion
shall be deemed severable and shall not affect the validity of the remaining sections of the
ordinance.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are to the extent
of such conflict hereby repealed.
SECTION 5. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
______________________________
George Bray, Mayor
ATTEST:
________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, June 14, 2022
Adopted by the Board of Commissioners, ______________________
Recorded by Paducah City Clerk, _______________
Published by The Paducah Sun, __________________________
ORD\Plan\Annex – Consensual 5345 Hinkleville Road
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
2022-___-______ adopted by the Board of Commissioners of the City of Paducah at a meeting
held on ______________.
WITNESS, my hand and seal of the City of Paducah, this _____ day of _____________, 2022.
______________________________
Lindsay Parish, City Clerk
April 1, 2022
City of Paducah Planning Department
Attn: Joshua P. Sommer
300 South 5th Street
Paducah, KY 42003
Re: Annexation request
Dear Josh:
I, Harriett Reed, am requesting annexation of 5345 Hinkleville Road into the City of Paducah, pursuant to KRS
81A.412. This parcel totals approximately 3.79 acres on both sides of Hinkleville Road and meets the
requirement of KRS 81A.410. I request to utilize the City of Paducah Real Estate property tax incentive for this
property and also for my nine-acre tract, located at 5435 Highway 60 West. It is further requested that this parcel
be zoned Highway Business Zone (HBZ) by the Paducah Planning Commission upon annexation.
Thank you,
Harriett Reed
Harriett & Walter Reed Trust