HomeMy WebLinkAbout2011-12-7888142823
ORDINANCE NO. 2011-12-7888
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY,
APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERLOCAL
COOPERTIVE AGREEMENT AMONG THE CITY OF PADUCAH, KENTUCKY AND
THE MEMBERS OF THE MAP—GIS CONSORTIUM FOR THE ACQUISTION AND
ADMINISTRATION OF A ESRI MULTI -JURISDICTIONAL ENTERPRISE LICENSE
WHEREAS, McCracken County, City of Paducah, Paducah Water, Paducah
Power, Paducah -McCracken County Emergency Communication Service Board, and Paducah -
McCracken County Joint Sewer Agency have previously entered into an interlocal agreement
forming a MAP—GIS Consortium whereby the members coordinate their efforts in the
development and maintenance of a Geographic Information System (GIS) for the mapping of
McCracken County, Kentucky; and
WHEREAS, the parties to the aforesaid interlocal agreement operate generally
under the assumed name of MAP�GIS Consortium; and
WHEREAS, GIS is recognized as a tool for accomplishing resource efficiency
and collaborative data development in McCracken County and serves a valid public purpose; and
WHEREAS, GIS has become an integral part of the operations of the members of
the MAP—GIS Consortium; and
WHEREAS, the members of the MAP—GIS Consortium desire to jointly and
cooperatively contract with the Environmental Systems Research Institute, Inc., ("ESRI") for
the right of all members to use, deploy, and administer certain ESRIS software licenses; and
WHEREAS, pursuant to Sections 65.210 to 65.300, inclusive, of the Kentucky
Revised Statutes, as amended (the "Interlocal Act"), the members of the MAP—GIS Consortium
may join together to enter into an ESRI Multi -Jurisdictional Enterprise License Agreement for
the right to jointly and cooperatively use, deploy, and administer certain ESRIS software
licenses.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. The City of Paducah, Kentucky, hereby approves the Interlocal
Cooperative Agreement between the members of the MAP—GIS Consortium. It is hereby found
and determined that the Interlocal Cooperative Agreement furthers the public purposes of the
City and it is in the best interest of the citizens, residents and inhabitants of the City that the City
enter into the Interlocal Cooperative Agreement for the purposes therein specified and the
execution and delivery of the Interlocal Cooperative Agreement is hereby authorized and
approved. The Mayor is hereby authorized to execute the Interlocal Cooperative Agreement,
together with such other agreements, instruments or certifications which may be necessary to
accomplish the transaction contemplated by the Interlocal Cooperative Agreement with such
changes in the Interlocal Cooperative Agreement not inconsistent with this Ordinance and not
substantially adverse to the City as may be approved by the official executing the same on behalf
of the City. The approval of such changes by said official, and that such are not substantially
adverse to the City, shall be conclusively evidenced by the execution of such Interlocal
Cooperative Agreement by such official.
SECTION 2. Severability. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION 3. Compliance With Open Meetings Laws. The City Commission
hereby finds and determines that all formal actions relative to the adoption of this 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.
ATTEST:
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Tammara
S. Brock, City Clerk
Introduced by the Board of Commissioners, December 13, 2011
Adopted by the Board of Commissioners, December 20, 2011
Recorded by Tammara S. Brock, City Clerk, December 20, 2011
Published by The Paducah Sun, December 28, 2011
ord/InfoSvcs/interlocal agmt-GIS map consortium members
EXHIBIT A
142785
INTERLOCAL AGREEMENT FOR PURCHASE OF AN ESRI SOFTWARE
ENTERPRISE LICENSE AGREEMENT FOR MEMBERS OF THE MCCRACKEN
AND PADUCAH GIS CONSORTIUM
THIS AGREEMENT made and executed by and between MCCRACKEN
COUNTY, KENTUCKY ("McCracken County"), CITY OF PADUCAH, KENTUCKY ("City
of Paducah"), PADUCAH WATER ("Paducah Water"), PADUCAH POWER ("Paducah
Power"), PADUCAH-MCCRACKEN COUNTY EMERGENCY COMMUNICATION
SERVICE BOARD ("E-911"), and the PADUCAH-MCCRACKEN COUNTY JOINT SEWER
AGENCY ("JSA").
WITNESETH:
WHEREAS, McCracken County, City of Paducah, Paducah Water, and Paducah Power
entered into an interlocal agreement adopted by a McCracken Fiscal Court Order on March 9,
1999 and adopted by City of Paducah by Ordinance No. 99-1-5988, whereby the parties
coordinated their efforts in the development and maintenance of a Geographic Information
System (GIS) for the mapping of McCracken County, Kentucky.
WHEREAS, E-911 was amended as a participating agency through an addendum to the
interlocal agreement dated August 22, 2002.
WHEREAS, JSA was amended as a participating agency through an addendum to the
interlocal agreement dated August 17, 2004.
WHEREAS, the parties to the aforesaid interlocal agreement operate generally under the
assumed name of MAP—GIS Consortium.
WHEREAS, GIS is recognized as a tool for accomplishing resource efficiency and
collaborative data development in McCracken County and serves a valid public purpose.
WHEREAS, GIS has become an integral part of the operations of the members of the
MAP—GIS Consortium.
WHEREAS, the services of the City as described herein are for the direct benefit of all
of the members of the MAP—GIS Consortium.
WHEREAS, currently the City, Paducah Water, Paducah Power, and JSA each have
individual contracts with the Environmental Systems Research Institute, Inc., ("ESRI") for the
use of certain ESRIS software licenses; and
WHEREAS, McCracken County, City of Paducah, Paducah Water, Paducah Power, E-
911, and JSA as members of the MAP—GIS Consortium desire to cooperatively join together and
contract with ESRI for a Multi -Jurisdictional Enterprise License Agreement that each member
may have the right to use.
NOW THEREFORE, in consideration of the foregoing premises and the mutual
covenants as herein set forth, the parties do covenant and agree as follows:
SECTION 1: PURPOSE Pursuant to the Kentucky Interlocal Cooperation Act KRS
65.210, et seq., McCracken County, City of Paducah, Paducah Water, Paducah Power, E-911,
and JSA do hereby cooperatively authorize the City of Paducah on behalf of the members of the
MAP—GIS Consortium to enter into an ESRI Multi -Jurisdictional Enterprise License Agreement
in order for each member to have the right to use, deploy, and administer certain ESRIS software
licenses for a initial term of three years and to negotiate subsequent agreements with ESRI for
the continued right to use and deploy certain ESRIS software licenses after the expiration of the
initial term.
SECTION 2: ADMINISTRATIONThe ESRI Multi -Jurisdictional Enterprise License
Agreement including software licenses shall be administered by the City of Paducah. The City of
Paducah shall also be responsible for billing each member of the MAP—GIS Consortium their
proportionate share of all fees and costs incurred under the ESRI Multi -Jurisdictional Enterprise
License Agreement as set forth in Sections 3 and 4. No party to this Agreement shall be required
to pay compensation to any other parry for services rendered hereunder. No property shall be
acquired pursuant to this Agreement which will need to be disposed of upon a complete or partial
termination of this Agreement.
SECTION 3: BUDGET -FUNDING FOR INITIAL CONTRACT Each
member of the MAP -GIS Consortium shall be responsible for their proportionate share of all
fees and costs incurred under the ESRI Multi -Jurisdictional Enterprise License Agreement and
any renewals or extensions thereto. Each members funding percentage during the initial 3 year
term of the ESRI Multi -Jurisdictional Enterprise License Agreement is based upon the fees and
costs each member is currently (as of October 2011) paying ESRI under their separate contract
for the use of the ESRI software licenses. The annual funding payments shall be due within
fifteen (15) days of receipt of the billing invoice. The funding percentages below will be used
for the initial three year term of the ESRI Multi -Jurisdictional Enterprise License Agreement:
Agency
City of Paducah
McCracken County
E-911
Paducah Water
Paducah Power
JSA
Annual
Funding Percentage
36.21%
2.29%
3.39%
11.33%
32.73%
14.06%
Estimated Annual
Funding Payment
$18,103.50
$1,144.34
$1,693.63,
$5,663.58
$16,365.02
$7,029.93
McCracken County's and E-91 I's percentage share of the fees and costs incurred during the
initial three year term of the ESRI Multi -Jurisdictional Enterprise License Agreement will be
paid by the City of Paducah out of the funds received from the Contract For Geographic
Information Systems Services so long as such contract continues to exist. Should McCracken
County or E-911 decide at any time to utilize the ESRI software licenses authorized through the
ESRI Multi -Jurisdictional Enterprise License Agreement, then that member shall be billed their
respective funding percentage separate from the Contract For Geographic Information Systems
Services. Each member shall be entitled to a one time credit to be applied toward the first annual
funding payment for any fees and costs already paid by each member to ESRI under their
individual contracts for the same time period covered by the of the ESRI Multi -Jurisdictional
Enterprise License Agreement. The entire annual funding payment shall be due from each
member for the remaining two years of the three year term of the ESRI Multi -Jurisdictional
Enterprise License Agreement.
SECTION 4: BUDGET -FUNDING OF RENEWAL CONTRACTS Annual
funding payments for any renewal license agreement with ESRI will be negotiated among the
MAP—GIS Consortium members at the appropriate time prior to the expiration of the then
current term of the ESRI Multi -Jurisdictional Enterprise License Agreement. License usage
levels will be monitored throughout the term of the ESRI Multi -Jurisdictional Enterprise License
Agreement and any renewal contracts to provide a basis on which to evaluate amounts paid by
each MAP—GIS Consortium member.
SECTION 5: RELATIONSHIP TO EXISTING INTERLOCAL AGREEMENT
This Agreement is not intended to supersede or conflict with any provision of the GIS
Mapping Interlocal Agreement or the Contract For Geographic Information Systems Services.
SECTION 6: DURATION OF AGREEMENT This Agreement shall remain
in full force and effect during the initial three year term of the ESRI Multi -Jurisdictional
Enterprise License Agreement Contract. Such term shall automatically renew for an additional
period of time coinciding with any renewal agreements with ESRI for software licenses, unless
McCracken County, City of Paducah, Paducah Water, Paducah Power, E-911, or JSA terminates
this Agreement. Any member may terminate this Agreement by providing to the other members
a 12 -month prior written notification of such member's intent to terminate this Agreement. Upon
termination of this Agreement by any member, this Agreement may continue without the
terminating member at the discretion of the remaining members.
SECTION 7: MISCELLANEOUS PROVISION This Agreement represents the entire
understanding and Agreement reached between the parties, and all prior covenants, agreements,
presentations and understandings are merged herein. This Agreement shall be fully binding upon
the parties hereto and shall be deemed fully enforceable in accordance with the terms and
provisions hereof. If any provision of this Agreement shall be held invalid or unenforceable
under any applicable laws, such invalidity shall not affect any other provision of this Agreement.
No party shall assign this Agreement or any rights or obligations hereunder. This Agreement
shall not be modified or altered, except by written amendment approved by all parties hereto.
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 (which includes notices given by
messenger) or, if delivered by U.S. mail. 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 in McCracken County.
SECTION 8: EFFECTIVE DATE The effective date of this Agreement shall be on the
date when said Agreement is executed by McCracken County, City of Paducah, Paducah Water,
Paducah Power, E-911, and JSA and approved by the Governor's Office of Local Development
and the Multi -Jurisdictional ESRI Enterprise License Agreement is signed by all parties.
WITNESS these signatures of the undersigned.
MCCRACKEN COUNTY, KENTUCKY
Van Newberry, Judge -Executive Date
Attest:
Fiscal Court Clerk
CITY OF PADUCAH, KENTUCKY
William F. Paxton III, Mayor Date
Attest:
City Clerk
PADUCAH WATER
By:
Glen Anderson, General Manager Date
PADUCAH POWER
LN
David Clark, General Manager Date
PADUCAH/MCCRACKEN COUNTY E-911 EMERGENCY COMMUNICATION SERVICES
("E-911 ")
Lo
Steve Kyle, Chairman Date
PADUCAH MCCRACKEN COUNTY JOINT SEWER AGENCY ("JSA")
LIM
John Hodges, Executive Director Date
This instrument was prepared by:
DENTON & KEULER, LLP
P.O. BOX 929
PADUCAH KY 42002-0929
www.dklaw.com
COMMONWEALTH OF KENTUCKY
OFFICE OF THE GOVERNOR
DEPARTMENT FOR LOCAL GOVERNMENT
10 2 4 CAPITAL CENTER DRIVE, SUITE 3 4 0 -
FRANKFORT, KENTUCKY 4 0 6 01- 8 2 0 4
(502) 573-2382
INTERLOCAL COOPERATION AGREEMENT
Between
MCCRACKEN COUNTY, KENTUCKY, CITY OF PADUCAH, KENTUCKY, PADUCAH
WATER, PADUCAH POWER, PADUCAH-MCCRACKEN COUNTY EMERGENCY
COMMUNICATION SERVICE BOARD,
and the PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY
Approved 12011
In
Commissioner, Department of Local Government