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HomeMy WebLinkAboutItem 09 - Interlocal Agreement with NEFDAMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL -O MEETING DATE: NOVEMBER 19, 2013 SUBJECT: APPROVAL TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE THIRTEEN CITIES OF THE NORTHEAST FIRE DEPARTMENT ASSOCIATION (NEFDA) FOR REPLACEMENT OF EMERGENCY RESPONSE EQUIPMENT AND APPROVE THE FIRST ANNUAL PAYMENT TO THE CAPITAL REPLACEMENT FUND RECOMMENDATION: City Council to consider approval of an interlocal agreement with NEFDA agencies for the replacement of emergency response equipment and approve the first annual payment to the Capital Replacement Fund managed by the City of Hurst. FUNDING SOURCE: Funds are budgeted in account 100 - 44505 -210 -1 (Travel, Training and Dues /Fire Department) for the estimated budgeted amount of $17,944.00. BACKGROUND: The Northeast Fire Department Association (NEFDA) has purchased over $2.8 million in capital equipment through grant programs and its operating budget since its inception. This capital equipment consists primarily of the response vehicles and major equipment which serve the partner cities in specialized emergency response disciplines. In order to assure that major equipment can be replaced in future years, a Capital Replacement Fund will be established, and all funds will be deposited in a depository account managed by the City of Hurst. Each participating entity will be responsible for making annual contributions to the Capital Replacement Fund based on a schedule approved by the NEFDA Board and participating cities. The administration of the Capital Replacement Fund will be the responsibility of the NEFDA Board of Directors and the City Managers of Hurst, Euless, North Richland Hills and Haltom City (representing the participating Cities). The interlocal agreement describes the program and processes for capital replacement including: annual replacement schedule; review and approval; surplus transfer; host city responsibilities; and, equipment retirement. 11/13/2013 11:42:38 AM The agreement shall remain in effect for an initial term of one year and shall renew automatically annually upon the anniversary date of the agreement unless earlier terminated as provided for in the agreement. Staff recommends approval. 11/13/2013 6:42:53 PM Exhibit A Richland City Operation Dues Capital Replacement Dues Total City Population Base Pop. Total Base Pop. Fee Total NEFDA $5,052 $5,000 Fee Fee $12,217 Fee 6,470 Fee Bedford 47,310 $4,500 $3,321 $7,821 $5,000 $13,010 $18,010 $25,831 MM-777-77-w 77 %y,777777 77 $1,901 $6,401 Euless 51,570 $4,500 $3,620 $8,120 $5,000 $14,182 $19,182 $27,302 �rapeuine 47�7ti $4,500 $3,304: $7,84 $5;{��0 $12,44 $17,344 $25,749; Haltom City 42,190 $4,500 $2,962 $7,462 $5,000 $11,602 $16,602 $24,064 Hurst,. 37,460 $4,5,Qp $2,630" $7;130 X5,000 $34,302 $15,3Q2 $11,300 $16,300 $22,43;1 $23,684 Keller 41,090 $4,500 $2,885 $7,385 $5,000 Richland Hills 7,870 $4,500 1 $552 $5,052 $5,000 $2,164 $7,164 $12,217 R ®anoke 6,470 $4,500 $454 $4,954 $5;000 ; $2,779 $6,779 $11,73 Southlake 27,080 $4,500 $1,901 $6,401 $5,000 $7,447 $12,447 $18,848 Trophy Club 9,400 $4,500 $5,6,0 $5,160 $S,o00 $.2;585 $7;585 $12,745 Watauga 23,500 $4,500 $1,650 $6,150 $5,000 $6,463 $11,463 $17,612 westlake 1,040 $4;500. $73 $4;573 $5;000 $2 "86 $5;286 $9,859 Total 429,560 $63,000 $30,155 $93,155 $70,000 $118,129 $188,129 $281,284 Base Base Fee Pop Fee Fee Pop fee $4,500 $0.0702 $5,000 $0.2750 Northeast Fire Department Association (NEFDA) Interlocal Agreement The State of Texas Tarrant County This agreement is made and entered into by and between the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, Trophy Club MUD #l, Watauga, and Westlake, herein referred to as "Parties ". This group of cities is also known as the Northeast Fire Department Association. It is mutually agreed that the Parties desire to enter into a mutual agreement for the replacement of jointly used emergency response equipment. Now therefore, that it is agreed that in consideration of the mutual covenants, agreements and benefits to all Parties it is hereby agreed as follows: I. Capital Replacement Funding Procedures The Northeast Fire Department Association (NEFDA) has purchased over $2.8 million in capital equipment through grant programs and its operating budget since its inception. In order to assure that major equipment can be replaced in future years, a Capital Replacement Fund will be established, and all funds will be deposited in a depository account managed by the City of Hurst. Each participating entity will be responsible for making annual contributions to the Capital Replacement Fund based on a schedule approved by the NEFDA Board and participating cities. The administration of the Capital Replacement Fund will be the responsibility of the NEFDA Board of Directors and the City Managers of Hurst, Euless and North Richland Hills and Haltom City (representing the participating Cities). A listing of all Major Capital purchases over $15,000 will be detailed in a replacement schedule showing the replacement amount and the year that the equipment is scheduled for replacement. The Capital Replacement Program will be updated annually by the NEFDA Board and its members. The NEFDA Board and City Manager representatives will meet annually, in March, prior to the budget year to approve the Capital Replacement Program and to determine the Capital Replacement funding schedule. The Capital Replacement Schedule may be adjusted as new equipment is received or as old equipment is retired. The replacement and funding schedules will be reviewed by all participating cities at an annual meeting that will be held in April, prior to the plans implementation on October 1St of the new fiscal year. All operational funds will be governed by the NEFDA Board of Directors. All year -end undesignated operational budget surpluses will be transferred to the Capital Fund by October 1 St. At any time if a Federal Audit is required of Grant Funds, NEFDA will reimburse the Cities for any audit expenses. Disbursements from the fund will be approved by the NEFDA Board and the City Manager representatives as determined by the approved funding plan. Each participating City may house and operate specific equipment. If equipment is housed by a participating City they will hold the title to that equipment. Each City that holds title to equipment will be fully responsible for the equipment and will insure the equipment for loss or damage. Any retired equipment will be auctioned with the proceeds being deposited in the Capital Replacement Fund as permitted through grant funding procedures. Auctioned equipment will go through the public auction process as determined by State Law and by the entity that has responsibility for the equipment. II. Term of Agreement / Consideration 2.01 Term. The terms of the Agreement shall become effective upon approval by the governing body for each respective Parry hereto and shall remain in effect for an initial term of one (1) year commencing upon the date of each Party's signature below, which term shall renew automatically annually upon the anniversary date of this Agreement unless earlier terminated by a Party as provided herein. If a Party desires to opt out, the Party must give a 90 day notice of such intent. If a Parry opts out, the agreement remains intact for the rest of the Parties. Adding Parties to the agreement will not affect the terms of the agreement. 2.02 Consideration. The Parties agree that sufficient consideration for this Agreement exists and is found in the cross promises set forth above and other good and valuable consideration. Each Party hereto paying for the performance of governmental functions or services shall make such payments from current revenues legally available to the paying Party. Each Party further agrees that it is fairly compensated for the services or functions performed under the terms of this Agreement. Each cities payment is identified in Exhibit A of this agreement. This Agreement can be amended or replaced by a majority of the Parties. All of the Parties must be notified in writing within 30 days and an open forum must be held in which all of the Parties have been invited to attend. The Amendment will not be effective to any Party that does not agree. VI. Compliance with All Applicable Laws The Parties shall observe and comply with all Federal, State, local laws, rules, ordinances, and regulations affecting the conduct or services provided and their performance of all obligations undertaken by this Agreement. V. Legal Considerations All local, State and Federal Laws shall supersede any provisions made in this Agreement. Any provision so effected will not negate the rest of the Agreement. In case any one or more of the provisions contained in this agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, unenforceable provision had never been contained herein. Venue for any proceeding under this Agreement shall be in Tarrant County, Texas. This agreement shall become binding and effective as to each individual Party upon signature by an authorized representative of such individual Party. VI. Liability / Governmental Immunity All civil liability arising from the furnishing of fire/EMS protection services under this Agreement shall be assigned to the Party actually providing the equipment, services, and manpower pursuant to Texas Government Code, Section 791.006 (a -1) and the assignment of liability is intended to be different than liability otherwise assigned under Texas Government Code, Section 791.006 (a). Notwithstanding the foregoing, the fact that Parties hereto accept certain responsibilities relating to the rendering of Fire Protection and Emergency Medical Services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. No Party hereto waives any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. Each Party shall provide liability insurance to cover the acts and omissions or operation of equipment of its respective officers, employees, and agents' obligations under this Agreement. �r All rights, remedies and privileges permitted or available to any Party under this Agreement or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the any Party in the enforcement of any such right, remedy or privilege against any other Party, shall not constitute a waiver of such right, remedy or privilege by the forbearing Party. A default by any Party under this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by such defaulting Party. IX. Signature Authority The undersigned officer and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the Parties hereto and each Party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF COLLEYVILLE City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF EULESS City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF GRAPEVINE City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF HALTOM CITY City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF HURST City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF KELLER CITY OF NORTH RICHLAND HILLS City Manager City Manager ATTEST: ATTEST: City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney CITY OF RICHLAND HILLS CITY OF ROANOKE City Manager City Manager ATTEST: ATTEST: City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney CITY OF SOUTHLAKE City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF WATAGUA City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney TROPHY CLUB MUD# I District Manager ATTEST: District Secretary APPROVED AS TO FORM: MUD#1 Attorney CITY OF WESTLAKE City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney