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Home My WebLink About2023-02-8761ORDINANCE NO. 2023-02-8761 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND THE COUNTY OF McCRACKEN, KENTUCKY, FOR ESTABLISHMENT OF A CITY/COUNTY COMPREHENSIVE PLAN WHEREAS, the City of Paducah and the County of McCracken currently operate separate Planning Commissions and have adopted separate Comprehensive Plans; and WHEREAS, the City and County have requested proposals for a Joint Agency Comprehensive Plan to provide an innovative and implementable Comprehensive Plan to the citizens of Paducah and McCracken County in a more efficient, economical and beneficial manner; and WHEREAS, the City and County now wish to enter into an Interlocal Cooperation Agreement in accordance with the Kentucky Interlocal Cooperation Act KRS 65.210, et seq, for the purpose of setting out the roles and responsibilities of each entity and selecting the company that will create the Comprehensive Plan. KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. That the Mayor is authorized to execute an Interlocal Cooperation Agreement between the City of Paducah, Kentucky, and the County of McCracken, Kentucky, in substantially the form attached hereto and made a part hereof (Exhibit A) for Comprehensive Plan preparation services. SECTION 2. That the City of Paducah and County of McCracken will cooperatively consult with Kendig Keast Collaborative for the preparation of a City of Paducah/McCracken County 2045 Comprehensive Plan. SECTION 3. That said consulting work shall be in a contract amount of $150,000 with the City of Paducah and the County of McCracken each paying 50% of the cost. This expenditure shall be charged to Project Account MR0087. SECTION 4. This ordinance effective upon summary publication pursuant Bray, ATTEST: I Lindsay Parish,Cty Clerk Introduced by the Board of Commissioners, February 14, 2023 Adopted by the Board of Commissioners, February 28, 2023 Recorded by Lindsay Parish, City Clerk, February 28, 2023 Published by The Paducah Sun, March 4-5, 2023 Edition \ord\interlocal cooperation agreement — 2045 Comprehensive Plan and will become EXHIBIT "N' CITY OF PADUCAH/MCCRACKEN COUNTY 2045 COMPREHENSIVE PLAN INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT made and executed by and between the City of Paducah, Kentucky, a City of second class of the Commonwealth of Kentucky (City) and the County of McCracken, Kentucky, a County of the Commonwealth of Kentucky (County). WITNESSETH: WHEREAS, the City and County currently operate separate Planning Commissions and have adopted separate Comprehensive Plans; and WHEREAS, the City and County will jointly consult for a Comprehensive Plan while operating separate Planning Commission; and WHEREAS, a joint City/County Comprehensive Plan would allow the City and County to provide an innovative and implementable comprehensive plan to the citizens of Paducah and McCracken County in a more efficient, economical, and beneficial manner; 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 the parties, the City and County do hereby covenant and agree as follows: 1. PURPOSE. Pursuant to the Kentucky Interlocal Cooperation Act KRS 65.210, et seq, the City and County do hereby agree to cooperatively consult with Kendig Keast Collaborative forthe preparation of a City of Paducah/McCracken County 2045 Comprehensive Plan. 2. ADMINISTRATION. The cooperative agreement shall be administered by the McCracken County Community Development Project Manager and the Director of Planning, City of Paducah. 3. BUDGET/FUNDING. The project cost for the Comprehensive Plan is $150,000 as outlined in Section D, Page 22, Cost Estimate of the Proposal for RFP 2022-001 McCracken County and City of Paducah, Kentucky Comprehensive Plan, attached hereto as Exhibit "A." a) The funding formula shall be as follows: Upon receipt of an invoice from Kendig Keast Collaborative, the City shall invoice the County 50% of invoice amount. Total payments from the City or County shall not exceed $75,000 each, which equals 50% of the $150,000 contract amount outlined in Section D, Page 22, Cost Estimate of the Proposal for RFP 2022-001 McCracken County and City of Paducah, Kentucky Comprehensive Plan. b) Additional expenses not outlined in Section D, Cost Estimate of the Proposal for RFP 2022-001 McCracken County and City of Paducah, Kentucky Comprehensive Plan, will be paid equally by the City and County as long as those expenses do not exceed 5% of the contract amount of $150.000. City of Paducah/MCCracken County 2045 Comprehensive Plan Interlocal Cooperation Agreement 4. PLAN COMPLIANCE. The joint City/County Comprehensive Plan shall be completed in compliance with KRS 100.183 through KRS 100.197. 5. PLAN REVIEW. The City and County agree to review the Plan every five years as required by KRS 100.197 and to comprehensively and jointly review all such information as required to make joint recommendations on the amendments to the City/County Comprehensive Plan. 6. DURATION OF AGREEMENT. This agreement shall remain in full force and effect for a period of 20 year(s). Such term shall automatically renew for additional 5 -year periods unless either the City or the County terminates this Agreement. Either party may terminate the Agreement by providing to the other a 12 -month prior written notification of such governmental unit's intent to terminate this agreement. In the event of an early termination, the City and County shall jointly own, and each shall have a right to receive and retain any and all work done by Kendig Keast Collaborative pursuant to this agreement. 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 effect any other provision of this Agreement. 8. EFFECTIVE DATE. The effective date of this Agreement shall be on the date when said Agreement is executed by both the City and County. WITNESS these signatures of the undersigned KENTUCKY DEPARTMENT FOR LOCAL GOVERNMENT By Title CITY OF PADUCAH, KENTUCKY By Title City of Paducah/McCracken County 2045 Comprehensive Plan Interlocal Cooperation Agreement McCRACKEN, COUNTY, KENTUCKY L37 Title STATE OF KENTUCKY COUNTY OF The foregoing instrument was acknowledged before me this day of 2023, by (title), of the Kentucky Department for Local Government. My commission expires Notary Public, State at Large STATE OF KENTUCKY COUNTY OF The foregoing instrument was acknowledged before me this day of , 2023, by Craig Clymer, Judge/Executive, of McCracken, Kentucky, on behalf of Said County. My commission expires Notary Public, State at Large City of Paducah/McCracken County 2045 Comprehensive Plan Interlocal Cooperation Agreement 3 STATE OF KENTUCKY COUNTY OF The foregoing instrument was acknowledged before me this day of 2023, by George Bray, Mayor of the City of Paducah, Kentucky, on behalf of the City. My commission expires Notary Public, State at Large City q(Paducah/McCracken County 2045 Comprehensive Plan Interlocal Cooperation Agreement