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HomeMy WebLinkAbout2022-06-8739ORDINANCE NO. 2022-06-8739 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. Attest: �y t, s A`a\ Lindsay Paris 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, June 14, 2022 Published by The Paducah Sun, June 16, 2022 \ord\Interlocal Agree — Mayfield Building Inspection Plan Review 238321 Exhibit A 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. WITNESSETH: 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 seg., 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 of 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: George Bray, Mayor City Clerk CITY OF MAYFIELD, KENTUCKY ATTEST: as Kathy O'Nan, Mayor City Clerk Date 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 0 1 - 8 2 0 4 (502)573-2382 INTERLOCAL COOPERATION AGREEMENT Between City of Paducah, Kentucky City of Mayfield, Kentucky Approved 2022 In Commissioner, Department of Local Government