HomeMy WebLinkAboutMO #2412MUNICIPAL ORDER NO. 2412
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE
AN INTERLOCAL AGREEMENT FOR FIRE AND RESCUE SERVICES BETWEEN
THE CITY OF PADUCAH, KENTUCKY, McCRACKEN COUNTY, KENTUCKY,
AND THE PADUCAH-McCRACKEN COUNTY OFFICE OF EMERGENCY
MANAGEMENT TO PROVIDE SERVICES RELATED TO FIRE AND RESCUE
SERVICES TO RESPOND TO WATER EMERGENCIES.
BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE
CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute an Interlocal
Agreement for Fire and Rescue Services in substantially the form attached hereto and
made part hereof (Exhibit A), between the City of Paducah, Kentucky, the County of
McCracken, Kentucky, and the Paducah -McCracken County Office of Emergency
Management (the "MCOEM") to coordinate joint responses by the McCracken County
Disaster Emergency Services Rescue Squad and the City of Paducah Fire Department to
emergencies in Paducah and McCracken County and to extend the current geographical
boundaries of the response area. The term of this Agreement shall be for a period
beginning on the effective date and ending on January 1, 2021. This Agreement shall
automatically renew for an unlimited number of successive one (1) year renewal terms,
unless terminated by the City, the County or the MCOEM.
SECTION 2. This order shall be in full force and effect from and after the
date of its adoption.
Brandi Harless, Ma r
ATTEST:
A0 M J_�� C�t/(,d
say Parish, y Clerk
Adopted by the Board of Commissioners, December 8, 2020
Recorded by Lindsay Parish, City Clerk, December 8, 2020
\mo\interlocal agreement — Fire and Rescue Services- boundary changes - 2020
EXHIBIT A
INTERLOCAL AGREEMENT
FOR FIRE AND RESCUE SERVICES
THIS INTERLOCAL AGREEMENT made this day of ,
by and between the City of Paducah, a city of the second class of the Commonwealth of
Kentucky, (the "City"), McCracken County, Kentucky, ("County"), and the Paducah -
McCracken County Office of Emergency Management ("MCOEM").
WITNESSETH:
WHEREAS, the McCracken County DES Rescue Squad is a rescue squad
organized by the County and officially affiliated with the Paducah -McCracken County
Disaster and Emergency Services organization under KRS 39F.120(9);
WHEREAS, the City of Paducah Fire Department is the municipal fire
department for the City of Paducah and regularly performs water fire prevention,
extraction and rescue operations in the City;
WHEREAS, the parties desire to coordinate joint responses by the McCracken
County DES Rescue Squad and the City of Paducah Fire Department to water fire and
rescue emergencies in Paducah and McCracken County; and
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
agreements contained in the Agreement, together with other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto agree as follows:
1. Requirements of Interlocal Agreement. This is an Interlocal Cooperative
Agreement by and between the City, the County and the MCOEM entered into under the
authority of the Interlocal Cooperation Act, KRS 65.210 et seq. Pursuant to KRS §
65.250, the purpose of this Agreement is as set forth in Section 2, Purpose. Its duration
is as set forth in Section 3, Duration. Its method of Termination is set forth in Section 4,
Termination. Its manner of administration is set forth in Section 5, Administration. No
party to this Agreement shall be required to pay compensation to any other party 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. This Agreement shall be effective upon the later of the date above, or
approval of this Agreement from the Attorney General or the Department for Local
Government of the Commonwealth of Kentucky.
2. Purpose. Pursuant to the Interlocal Cooperation Act, KRS 65.210 et seq.,
the City, County and MCOEM hereby enter into this Agreement to provide for a joint
response by the McCracken County DES Rescue Squad and the City of Paducah Fire
Department to water fire and rescue emergencies in the City of Paducah and McCracken
County.
3. Duration. This Agreement shall remain in full force and effect for a
period beginning on the effective date of this Agreement and ending on January 1, 2021.
Unless notice of termination is given at least ninety (90) days before January 1 of each
year, this Agreement shall automatically renew for an unlimited number of successive
one (1) year renewal terms.
4. Termination. The City, the County or the MCOEM may terminate this
Agreement with or without cause by providing ninety (90) days advance written notice.
Any notice of termination or non -renewal given by one party shall in no way affect the
agreement among the remaining parties to this Agreement.
5. Administration. This Agreement shall be administered jointly by the City
of Paducah Fire Chief, the Paducah -McCracken County Emergency Director and the
Paducah -McCracken County Search and Rescue (SAR) Coordinator. The City of
Paducah Fire Department and the McCracken County DES Rescue Squad shall each
liaison with the other to:
a. establish a joint action plan for each incident;
b. organize and facilitate joint training of personnel for responding to
water -related Incidents;
C. maintain and at least annually exchange a list of certified personnel
qualified to respond to water related incidents; and
d. maintain and at least annually exchange a list of equipment
available for response to water related incidents.
6. Joint Response Incidents. The City of Paducah Fire Department and the
McCracken County DES Rescue Squad shall jointly respond to any water -related
Incident within any of the following geographic areas:
a. Ohio River — between the Ballard County Line and Livingston
Point (mile marker 956 to 933) on the Ohio River;
b. Tennessee River —between the confluence of the Ohio and
Tennessee Rivers to the Marshall County Line (mile marker 0 to
8.2); or
C. Clarks River — between the confluence of the Clarks and
Tennessee Rivers and the Clarks River Road Bridge in McCracken
County.
An Incident shall be any of the following:
a. Drowning or suspected drowning;
b. Boat in distress, or reported boat sinking;
C. Person overboard off a marine craft or vessel;
d. Person injured on, by, or involving a marine craft or vessel;
e. Person falling into a lake, pond, river, creek, stream or similar
body of water;
f. Person in distress due to flash flooding from a lake, pond, river,
creek, stream
or similar body of water;
g. River -based fire;
h. Swift water or flood water rescue;
i. Ice rescue;
j. Search and rescue operations that involve a lake, pond, river,
creek, stream
or similar body of water.
k. Victim rescue operations that involve a lake, pond, river, creek,
stream or
similar body of water
1. Water rescue and recovery stand-by for planned events.
in. Surface water rescue.
n. Dive rescue operations.
o. Injured person on a commercial or recreational vessel on a
waterway.
P. Disabled/lost vessel.
q. Submerged vehicle.
The McCracken County DES Rescue Squad, or the Paducah -McCracken County SAR
Coordinator may request a joint response or other assistance from the City of Paducah
Fire Department for body recovery operations or any other event not described above,
including any incident in or relating any lake, pond, creek, stream or similar body of
water in the City of Paducah or McCracken County (other than the locations in the Ohio,
Tennessee and Clarks Rivers for which a joint response is required above).
When acting under this agreement, the City of Paducah Fire Department shall be
officially affiliated with the Paducah -McCracken County Emergency Services
Organization under KRS 39F.120(9).
7. Unified Command. The parties shall utilize a unified command structure
in any joint response under this agreement.
8. Limitations, Duties, and Level of Services
a. Rendition of service, standards of performance, discipline of
employees, and other matters incident to performance of services and control of
personnel shall remain with each respective party.
b. Disputes and disagreements as to the level of services and
standards of performance required of any party shall be reported to the party's chief
officer for resolution.
C. The City of Paducah Fire Department shall have no obligation to
provide an extra jurisdictional response where when doing so could seriously
jeopardize its emergency service status as determined by that party's chief available
officer. In the event that the responding non jurisdictional party becomes aware of an
emergency within its jurisdiction, the non -jurisdictional party may, upon
coordination with other responding parties, recall whatever equipment and personnel as
may be needed to respond to the emergency within its jurisdiction.
d. No party to this agreement shall be required to pay compensation
to the any other party for services rendered under this agreement.
9. Liability -Indemnification. All of the privileges and immunities from
liability, exemptions from laws, ordinances and rules, and all pensions and relief,
disability, worker's compensation and other benefits which apply to the activity of
officers or employees of any party when performing their respective functions within the
territorial limits for their respective agencies shall apply to the same degree and extent to
the performance of such functions and duties outside their respective jurisdictions
pursuant to this Agreement. The parties hereto, their respective officers and employees,
shall be deemed not to assume any liability for the acts, omissions, and negligence of any
other party. Except as otherwise provided, all liability for injury to personnel, and for
loss or damage of equipment shall be borne by the party employing such personnel and
owning such equipment, and all parties shall carry sufficient insurance to cover all such
liabilities. The cost of fuel and other expendable supplies shall be borne by the party
incurring them. All compensation for personnel shall be borne by the party employing
such personnel. All parties shall be held harmless against any and all third -party claims
for bodily injury, sickness, disease, personal injury or death or damage to property or loss
of use resulting from, arising out of this Agreement, or any, service provided by the other
parties pursuant to this Agreement. All parties expressly retain all rights, benefits, and
immunities of sovereign immunity in accordance with applicable law.
10. 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 (which includes notices given by messenger) or, if delivered by U.S. mail.
(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) Each party binds itself, its successors, assigns and legal
representatives to the other parties with respect to all covenants, agreements and
obligations contained in this Agreement. No party shall assign this Agreement or any
rights or obligations hereunder.
(g) No action or failure to act by any 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.
11. Effective Date. This Agreement shall be effective on the date when this
Agreement is executed by all undersigned parties after the approval by governing body of
each.
IN WITNESS WHEREOF the parties hereto have set their hands on the date
below written.
By:
Craig Z. Clymer, McCracken County, Kentucky Judge Executive
IN
Brandi Harless, Mayor of the City of Paducah, Kentucky
Jerome Mansfield, Director of the Paducah -McCracken
County Office of Emergency Management