HomeMy WebLinkAboutItem 09 - Interlocal Agreement with NEFDAMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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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