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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: 1210t�&kZ 612.0� 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