(A) 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 and the joint board created hereunder, are made pursuant to the Kentucky Interlocal Cooperation Act as prescribed in KRS 65.210 et seq.
(B) 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).
(1) 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.”
(2) The Board shall be comprised of 11 voting members, all whom shall be and shall serve as follows:
(a) The Sheriff of the county; or his or her 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 his or her 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 his or her 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 his or her 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 the county, or a designated Assistant Commonwealth Attorney for the county, who shall serve as a member during his or her tenure as the Commonwealth Attorney for the county;
(f) The county jailer, or his or her designee from the Department, who shall serve as a member during his or her tenure as jailer of the county;
(g) The Disaster and Emergency Services (DES) Emergency Manager of the county, or his or her 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;
(j) The Chief of the Fire Department of the city, or his or her 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
(k) A Chief of one of the fire districts located in the county, to be appointed by the County Judge/Executive, who shall serve as a member for a term of three years.
(3) In the event any individual appointed pursuant to divisions (B)(2)(h), (B)(2)(i) or (B)(2)(k) above 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.
(C) General functions of the Board. The general functions of the Board shall include the following:
(1) The Board shall be responsible for overall planning of 911 Service in Paducah and the 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 the county;
(2) 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;
(3) The Board shall provide for coordination and support of the Kentucky Chapter of the National Emergency Number Association (NENA);
(4) The Board shall promote the use of the 911 Service by city and county residents and shall educate such residents as to the use of same;
(5) 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 may be requested by either the city or county;
(6) 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;
(7) 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;
(8) 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;
(9) 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; and
(10) 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/KLETS files.
(D) 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 such officers and establish such committees and regulations as it deems necessary to carry out its objectives.
(E) 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.
(F) Location of 911 Service center of operations relocation expenses. The 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.
(G) 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, with proceeds of sale to be retained by the Board and to be included within the budget for the operation of the 911 Service.
(H) Cost of operation; allocation.
(1) The costs of the operation of the 911 Service shall be first paid and satisfied from the fees collected pursuant to division (K) below as hereinafter defined. All remaining costs shall be apportioned as follows:
(a) Personnel wages and benefits:
1. 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%; and
2. 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: apportionment: city-50%; county-50%.
(2) 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 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.
(I) Budget; funding.
(1) 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 Service 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.
(2) 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.
(3) 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.
(J) 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.
(K) 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.
(L) 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.
(1) 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.
(2) Such personnel shall not be entitled to any civil service benefits. The salary and benefits of the 911 Emergency Service personnel shall be determined by the Board.
(3) 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.
(M) 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 section, in which event this agreement shall terminate on the last day of the then applicable term.
(N) 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 and the like, shall be disposed of as follows:
(1) 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
(2) 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.
(O) 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.
(Ord. 2008-5, passed 3-26-2008)