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Home My WebLink AboutMO #2487MUNICIPAL ORDER NO. 2487 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT FOR FIRE AND RESCUE SERVICES BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND METROPOLIS, ILLINOIS, TO COORDINATE JOINT RESPONSES TO WATER -RELATED 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, and Metropolis, Illinois, to coordinate joint responses to water -related incidents within certain boundaries of the Ohio River and Tennessee River as outlined in said Interlocal Agreement. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: �_ 4�`�, Q L�say Parish, Cit Clerk Adopted by the Board of Commissioners, July 27, 2021 Recorded by Lindsay Parish, City Clerk, July 27, 2021 \mo\interlocal agreement — Fire and Rescue Services- Metropolis, Illinois 244866 INTERLOCAL AGREEMENT FOR WATER RESCUE SERVICES THIS INTERLOCAL AGREEMENT made this day of 2021, by and between the City of Paducah, Kentucky, ('Paducah"), and the City of Metropolis, Illinois, ("Metropolis"). WITNESSETH: 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 of Paducah; WHEREAS, the City of Metropolis Fire Department is the municipal fire department for the City ofMetropolis andregularly performs water fireprevention, extraction and rescue operations in the City of Metropolis; WHEREAS, the parties desire to coordinate joint responses by the City of Paducah Fire Department and the City of Metropolis 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 Paducah and Metropolis, 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., Paducah and Metropolis hereby enter into this Agreement to provide for a joint response by the City of Paducah Fire Department and the City of Metropolis Fire Department to water fire and rescue emergencies in the City of Paducah, Kentucky and the City of Metropolis, Illinois, and the Ohio and Tennessee Rivers as delineated herein. 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. Paducah or Metropolis 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 and the City of Metropolis Fire Chief. The City of Paducah Fire Department and the Metropolis Fire Department 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 Metropolis Fire Department shall jointly respond to any water -related Incident within any of the following geographic areas: a. Ohio River - between Mile Marker 944 (Harrah's and Fort Massac Area) upriver to Mile Marker 939 (Livingston Point); b. Tennessee River - Mile Marker 0 (Port of Paducah) upriver to Mile Marker 5.6 (Marathon Oil Terminal). An Incident shall be any of the following: a. River -based fire; or b. Swift water or flood water rescue. 7. Unified Command. The parties shall utilize a unified command structure in any joint response under this agreement. 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 officerfor resolution. The City ofPaducahFireDepartmentshall have no obligationto provide an extra jurisdictional response where when doing so could seriously jeopardize its emergency service status as determined bythat party's chiefavailableofficer. Intheeventthattheresponding 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 respondto the emergency within its jurisdiction. C. 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 byU.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. IC George Bray, Mayor of the City of Paducah, Kentucky Billy McDaniel, Mayor of the City of Metropolis, Illinois