HomeMy WebLinkAbout2008-3-7398ORDINANCE NO. 2008-3-7398
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT WITH AMENDMENTS INCORPORATED
BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND THE COUNTY OF
McCRACKEN, KENTUCKY, FOR 911 EMERGENCY COMMUNICATIONS SERVICES
WHEREAS, the City and County are presently engaged in a cooperative program
which provides 911 emergency communication service to City and County residents, which
cooperative program was established through an Interlocal Cooperation Agreement executed in
May, 1991, and was amended in July of 1994, August 2001, May 2003, and December 2007
(Ord. #2007-11-7368); and
WHEREAS, according to Federal policies the resident agent of the Paducah
Alcohol, Tobacco, Firearms Office cannot serve on the Paducah -McCracken County Emergency
Communication Service Board; and
WHEREAS, the Board recommends revising the interlocal agreement to include
the McCracken County Jailer as a voting member to satisfy criminal justice requirements; and
WHEREAS, the City and County do now desire to revise the agreement to
incorporate the above change regarding the cooperative 911 service.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is authorized to execute an Interlocal Cooperation
Agreement with Amendments Incorporated between the City of Paducah, Kentucky, and the
County of McCracken, Kentucky, for 911 Emergency Communications Service.
SECTION 2. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, February 26, 2008
Adopted by the Board of Commissioners, March 11, 2008
Recorded by Tammara S. Brock, City Clerk, March 11, 2008
Published by The Paducah Sun, March 17, 2008
\ord\911 Interlocal Agreement — 2008 (appointment)
CERTIFICATION
I hereby certify that the above is a true and correct copy of an ordinance adopted by the City of
Paducah, Kentucky on March 11, 2008.
Tammara S. Brock, City Clerk
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INTERLOCAL COOPERATION AGREEMENT
WITH AMENDMENTS INCORPORATED
THIS INTERLOCAL COOPERATION AGREEMENT made and executed by
and between the CITY OF PADUCAH, KENTUCKY, a city of the Second Class of the
Commonwealth of Kentucky, hereinafter referred to as "City", and the COUNTY OF
McCRACKEN, KENTUCKY, a county of the Commonwealth of Kentucky, hereinafter
referred to as "County".
WITNESSETH
WHEREAS, the City and County are presently engaged in a cooperative program
which provides 911 emergency communication service to City and County residents,
which cooperative program was established through an Interlocal Cooperation
Agreement executed in May, 1991, which Agreement was amended in July of 1994,
August of 2001, and April of 2003; and
WHEREAS, the City and County do now desire to further revise the agreement
regarding their cooperative 911 Service;
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 and County do covenant and agree as
follows:
Purpose. The purpose of this Agreement is to formally establish by written
agreement a joint City/County 911 Emergency Communication Service to serve residents
of the Paducah and McCracken County community area. In addition thereto, and as a
part thereof, the further purpose of this Agreement is to establish a joint board
responsible for administering this joint and cooperative undertaking. This Agreement
and the joint board created hereunder, are made pursuant to the Kentucky Interlocal
Cooperation Act as prescribed in KRS 65.210, et. seq.
2. Establishment of Board. There is hereby established a joint board to be known
as "Paducah -McCracken County Emergency Communication Service Board," which
Board is created pursuant to KRS 65.250 (2) (a). The general purpose of the Board shall
be to administer the cooperative undertaking of providing the joint 911 emergency
communication service, which service shall be referenced herein as the "911 Service".
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The Board shall be comprised of eleven (11) voting members, all whom shall be and shall
serve as follows:
(a) The Sheriff of the County, or their designee from the department, who shall serve
as a member during his or her tenure as Sheriff of the County;
(b) The Chief of Police of the City, or their designee from the department, who shall
serve as a member during his or her tenure as Chief of Police of the City;
(c) The Kentucky State Police Post Commander, or their designee, at the post located
in Hickory, Kentucky who shall serve as a member during his or her tenure as
Post Commander;
(d) The Chief of Police of Lone Oak, or their designee from the department, who
shall serve as a member during his or her tenure as Chief of Police of Lone Oak;
(e) The Commonwealth Attorney for McCracken County, Kentucky, or a designated
Assistant Commonwealth Attorney for McCracken County, Kentucky, who shall
serve as a member during his or her tenure as the Commonwealth Attorney for
McCracken County, Kentucky;
(f) The McCracken County Jailer, or their designee from the department, who shall
serve as a member during his or her tenure as Jailer of the County.
..r u.v.. designee G.o.., the depaftmeR4, who sha4le e as a member-
(g) The Disaster and Emergency Services (DES) Emergency Manager of the County,
or their designee from the department, who shall serve as member during his or
her tenure as DES Emergency Manager of the County;
(h) A City Commissioner to be appointed by the Mayor who shall serve as a member
for a one-year term during his or her applicable term as City Commissioner;
(i) A County Commissioner to be appointed by the County Judge Executive who
shall serve as a member for a one-year term during his or her applicable term as
County Commissioner;
0) The Chief of the Fire Department of the City, or their designee from the
department, who shall serve as a member during his or her tenure as Chief of the
Fire Department for the City; and
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(k) A Chief of one of the fire districts located in McCracken County, Kentucky, to be
appointed by the County Judge Executive, who shall serve as a member for a term
of three (3) years.
In the event any individual appointed pursuant to section (h), (i) or (k) should
resign, leave office, or become ineligible, then the appointing authority, the Mayor or the
County Judge Executive, as the case may be, shall appoint a successor to fill the
unexpired term of such member, pursuant to the conditions above. Any individual
appointed as a member of the Board who has not resigned shall continue to serve until his
or her successor has been appointed. Any individual appointed hereunder may be
reappointed for successive terms, subject to the conditions provided above.
General Functions of the Board. The general functions of the Board shall include
the following:
(a) The Board shall be responsible for overall planning of 911 Service in Paducah
and McCracken County. The ultimate goal of such planning shall be the
implementation and operation of an enhanced 911 Service, supplying telephone
dispatch services for all emergency facilities in Paducah and McCracken County;
(b) The Board shall administer all aspects of the 911 Service, including but not
limited to operations, implementation and evaluation of procedures, improvement
to operations, planning for catastrophic events, coordination of emergency
services, and the implementation of policies and procedures regarding the
employment, discharge, direction, supervision, training, and evaluation of
performance of 911 Service personnel;
(c) The Board shall provide for coordination and support of the Kentucky Chapter of
the National Emergency Number Association (VENA).
(d) The Board shall promote the use of the 911 Services by City and County residents
and shall educate such residents as to the use of same;
(e) The Board shall prepare and submit an annual report to the City and County
outlining the use of the 911 Service by the City and County residents, and shall
report any and all other aspects of the 911 Service as maybe requested by either
the City or County.
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(f) The Board shall prepare and submit to the City and County the recommended
budget for the 911 Service in the manner as herein set forth;
(g) The Board or its designated committee shall approve monies that are to be
expended on the 911 Service and shall ensure that all expenditures are within the
budget as allocated to the service by the City and County;
I 'D(h) The Board shall file or cause to be filed Quarterly financial statements with the
City and County, which statements shall reflect all monies received and expended
by 911 Service;
(i) The Board shall cause to be kept adequate records of 911 Service operations,
equipment, and expenditures, and all other appropriate records which should be
maintained in the judgment of the Board, City or County;
0) The Board shall have exclusive management control of all communication
terminals which access LINK/NCIC/National Law Enforcement
Telecommunications System (NLETS) files, and shall operate same as required
by the Federal Bureau of Investigation, the Kentucky State Police, and any other
criminal justice agency which has regulatory powers concerning such access. The
rules and regulatory powers of the Federal Bureau of Investigation, Kentucky
State Police, and other criminal justice agencies shall be deemed a priority on
Board matters pertaining to systems or communication terminals which access
LINK/NCIC/NLETS files.
4. Operation of the Board. The Board shall operate on a fiscal period, starting July
1 of each year and ending the next ensuing June 30. The members of the Board shall be
allowed reasonable expenses necessarily incurred by them in the conduct of the affairs of
the Board and in accordance with written guidelines adopted by the Board. Otherwise,
the members of the Board shall serve without compensation. The Board shall be headed
by a chairperson who shall be elected by the Board members on an annual basis. The
Board shall conduct meetings at such intervals, times and places as deemed necessary by
the Board. A majority of the members of the Board shall constitute a quorum for the
transaction of business. An affirmative vote of the majority of the quorum shall be
necessary for the adoption of any motion, measure or resolution. The Board may elect
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such officers and establish such committees and regulations as it deems necessary to
carry out its objectives.
5. Establishment of Director. As a part of the 911 Service personnel, there shall be
established the Office of Director. The Director shall be appointed and discharged by the
majority vote of the Board. The Director shall have a managerial background and
possess the ability to direct, evaluate and motivate personnel; prepare, submit and analyze
annual budgets; and to otherwise relate to people in a professional manner. The general
responsibilities of the Director shall be to supervise and direct the day-to-day activities of
the 911 Service and to carry out any and all directives and policies of the Board. The
Director shall also discharge any and all of the job description duties of the Office of
Director as presently promulgated by the Board, or as may from time to time be
promulgated by the Board. The Director shall serve at the pleasure of the Board. The
employment benefits for the Director, including salary, shall be that which is determined
by the Board in its discretion, subject, however, to the budgetary approval of the City and
County.
6. Location of 911 Service Center of Operations Relocation Expenses. The
y — location of the 911 Service Center of Operations shall be Allie Morgan Communication
Center, referenced herein as "Center". The Center building is owned jointly by the City
and the County with each party holding a half interest in the premises.
In the event there shall exist any surplus space at the Center, the City and County
may agree to use the space for other joint functions.
7. Equipment. The Board shall acquire on behalf of the City and County
necessary equipment to adequately provide for the 911 Service. The City or County, in
their respective discretion, may donate for 911 Service use any equipment, which
equipment shall remain the property of the donating entity. The Board shall maintain all
equipment in a state of good condition and repair. When in the determination of the
Board any item of equipment is obsolete or no longer needed, if such item of equipment
was donated by either the City or County, such item of equipment shall be returned to the
donating entity. All other obsolete or unnecessary equipment which has been acquired by
the Board in behalf of the City and County shall be disposed of in accordance with law,
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with proceeds of sale to be retained by the Board and to be included within the budget for
the operation of the 911 Service.
8. Cost of Operation -Allocation. The costs of the operation of the 911 Service
shall be first paid and satisfied from the fees collected pursuant to paragraph 11 as
hereinafter defined. All remaining costs shall be apportioned as follows:
(a) Personnel wages and benefits:
911 generated radio dispatches
(911 generated radio dispatches _ by total number of dispatches) x total amount
of personnel wages and benefits = amount of personnel wages and benefits
attributable to 911 generated radio dispatches.
Apportionment: City -50% County -50%
Remaining personnel wages and benefits
Apportionment: City percentage based on percentage of incoming calls
attributable to City officers and employees. County percentage based on
percentage of incoming calls attributable to County officers and employees.
(b) All other costs, expenses, liabilities and all capital expenditures:
0 0
Apportionment: City -50% County -50%
Such apportionment shall be made for each fiscal year based upon the activities of
the 911 Service for the preceding fiscal year. The cost of operation shall include any and
all costs relating either directly or indirectly to the 911 Service, and shall specifically
include any expenditure or expense of the City which pertains to such service, including
but not limited to an expenditure or expense by the City for comprehensive property and
personal injury and liability insurance coverage, theft and casualty insurance coverage for
equipment and other facilities (if applicable), utilities provided by the City for the
service, until such time that the utilities are placed in the 911 Board's name, legal,
accounting and administrative expenses, and any other expenditure or expense of the City
which benefits the service.. All such expenditures or expenses incurred by the City shall
be reimbursed to the City from the 911 Service Fund. Additionally, the cost of operation
shall include any and all liabilities incurred by reason of the operation of the 911 service,
and its personnel, including but not limited to claims of personal injury or property.
However, cost of operation shall not include any cost attributed to either City or County
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radio systems, or change of radio systems or cost of modification of 911 equipment to
accommodate such equipment unless such cost is agreed to by both City and County.
Each party shall indemnify and hold the other harmless from each party's allocated
assumption of the costs of operations hereunder.
9. Budget — Funding. After consulting with appropriate County official(s) and
City Manager the Director shall submit a recommended budget to the Board. The Board
shall establish a budget for each ensuing year for the operation of the 911 Service. The
budget shall include the projected cost of operation for each ensuing year. The budget
may include up to $50,000 to be used to build up fund balance reserve in the 911 fund.
No more appropriations to this reserve will be made when the fund balance reserve
equals 12% of the prior year's 911 operating budget. The Board's budget shall be
prepared, submitted, and recommended to the City and the County on or before April 1 of
each year. Each governmental unit shall have an opportunity to review the proposed
budget and shall have the right to accept or reject the budget, which acceptance or
rejection shall be made on or before May 1 of each year. If either or both governmental
units reject the proposed budget, such governmental unit rejecting the proposed budget
shall prepare written recommendations to the Board regarding proposed amendments to
the budget. In the event of rejection, the Board shall propose an amended budget taking
into consideration the governmental recommendations and shall resubmit the proposed
amended budget to each governmental unit on or before May 15 of each year. Each
governmental unit shall again have an opportunity to review the proposed amended
budget and shall have the right to accept or reject the proposed amended budget, which
acceptance or rejection shall be made on or before June 1 of each year.
In the event of any extraordinary cost or expense which needs to be incurred for
the benefit of the 911 Service which exceeds the amount as budgeted or which is not
reflected on the budget, the Board shall immediately provide written notice of same to the
City and the County, requesting a supplemental appropriation. Such requested
supplemental appropriation shall be subject to approval of both the City and the County.
In the event such requested supplemental appropriation is not approved by either the City
or the County, the Board shall not incur the cost or expense related to the requested
supplemental appropriation.
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The Budget shall be funded by the City and County on a monthly basis. As to any
approved supplemental appropriation, the cost or expense of such appropriation shall be
funded as agreed between the City and the County.
10. Failure to Fund or Approve Budget. In the event any governmental unit fails
to adopt the final budget, or fails to fund the 911 Service, the other governmental unit
shall have no obligation to fund or operate the service until the other has adopted the final
budget or funded the service, as the case may be. Each governmental unit shall have the
right to enforce these provisions by specific performance.
11. Fees for Service -Joint Covenant. To provide funds for the cost of operation,
each governmental unit shall assess all telephone companies providing telephonic service
to residents or businesses in the City or County, an assessment fee of $1.50 per month for
each telephone line within the City and County as allowed by KRS 65.760, which
assessment fee shall be subject to adjustment as hereinafter provided. Each governmental
unit shall enforce such collection through the passage and enforcement of applicable
ordinances. The City and County shall require any telephone company providing
telephone services within the City and County to remit the assessments to the 911 Service
within 30 days after the end of the month in which the assessment is made.
The amount of surcharge shall be reviewed by the City and County at the end of
each fiscal year of the 911 Service. In the event the total revenues realized from all
surcharges paid to the 911 Service Fund and the service charges collected and actually
distributed to 911 by the Commercial Mobile Radio Service Board ("CMRS") are less
than 50% of the approved budget for the next fiscal year, both the City and County shall,
by ordinance and resolution, equally increase their respective surcharges to such extent
that the projected total revenues of the surcharges for the next fiscal year shall be 50% or
more of the approved budget for such fiscal year.
12. Personnel. The 911 emergency service personnel shall be deemed the
employees of the 911 Emergency Communication Service and shall be subject to the
control, supervision and regulation of the Board and the Director. Such personnel shall
be employed and discharged by the Board. The Board shall promulgate policies and
procedures which define the duties and conduct of the 911 Emergency Service personnel.
Such personnel shall not be entitled to any civil service benefits. The salary and benefits
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of the 911 Emergency Service personnel shall be determined by the Board.
Notwithstanding the foregoing, any personnel who were hired under the City's civil
service shall continue under civil service, and the rules and regulations of civil service
shall apply to these individuals.
13. Term of Agreement. The term of this Agreement and each party's obligations
\ hereunder, shall remain in full force and effect until June 30, 2010. Such term shall
automatically renew for an additional period of one year unless either the City or the
County terminates this Agreement by providing to the other a six-month prior written
notification of such governmental unit's intent to terminate this Agreement, in which
event this Agreement shall terminate on the last day of the then applicable term.
14. Effect of Termination. In the event either the City or County terminates this
Agreement, the property of the 911 Service, including but not limited to equipment,
office facilities and equipment, real estate and improvements, etc., shall be disposed of as
follows:
(a) In the event such property was donated by either the City or the County, such
property shall be returned to the governmental unit which so donated the property;
and
(b) In the event the property was acquired by the Board for and in behalf of the City
and County, such property shall be disposed of as agreed between the City and the
County. Proceeds shall be applied first to the costs and expenses of sale, and then
distributed equally between the City and County.
15. Miscellaneous Provision. This Agreement represents the entire understanding
and agreement reached between the parties, and all prior covenants, agreements, and
presentations 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 under any applicable
laws, such invalidity shall not affect any other provision of this Agreement than can be
given affect without the invalid provision, and, to this end, the provisions hereof are
severable.
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16. Effective Date. The effective date of this Agreement shall be on the date when
said Agreement is executed by both the City and County and approved by the Department
for Local Government.
•"Z1061=11:
DEPARTMENT FOR LOCAL GOVERNMENT
IM
(Title)
CITY OF PADUCAH, KENTUCKY McCRACKEN COUNTY, KENTUCKY
BY BY
Mayor
STATE OF KENTUCKY )
COUNTY OF )
McCracken County Judge Executive
The foregoing instrument was acknowledged before me on this the day of
, 2008, by (title), of the
Department for Local Government of the Office of the Governor.
My commission expires
Notary Public, State at Large, Kentucky
STATE OF KENTUCKY )
COUNTY OF McCRACKEN)
The foregoing instrument was acknowledged before me on this day of
2008, by William Paxton, Mayor of the City of Paducah, Kentucky on
behalf of said City.
My commission expires
Notary Public, State at Large, Kentucky
STATE OF KENTUCKY )
COUNTY OF McCRACKEN)
The foregoing instrument was acknowledged before me on this day of
, 2008, by Van Newberry, County Judge Executive of County of
McCracken of Paducah, Kentucky, on behalf of said County.
My commission expires
L"
Notary Public, State at Large, Kentucky
ME