Agenda Packet TC 09/19/2016 - Joint Session - Supplemental ItemSupplemental Item
September 19, 2016
AGENDA ITEM NO. 1
Consider and take appropriate action regarding an Interlocal Cooperation
Agreement for Administration of Fire Protection Services between the Town of
Trophy Club and Trophy Club Municipal Utility District No. 1; and authorizing
the Mayor or his designee to execute all necessary documents.
2o16 Fire Operations ILA
Council & Directors, I started with the latest ILA proposed by the Town to the MUD
document, which was a Change Tracking Version that shows the changes in Blue Text which
is Underlined. These are Town proposed changes suggested prior to any MUD changes.
From that point I turned Change Tracking Off and entered Text in Red Color that are the
proposed changes/notes from Jim Hase and Kevin Carr. I sent this version to Kevin and
asked him to check it for accuracy. He reported back to me as "it was good" and that he had
some other suggestions which he would bring up at our Joint Meeting.
From that point I began to make changes which are in Black Text in Italic and Underlined
that are Bill Rose's notes and proposed changes. In some cases they are just notes.
Fire ILA — Slide 1
Addition of 3rd Whereas Proposed by MUD — Page 1 of 14
WHEREAS, District and Town operate pursuant to the 2oo8 Interlocal Cooperation
Agreement for Fire Protection Services as amended by the First Amendment to 2Oo8
Interlocal Cooperation Agreement for Fire Protection Services (hereinafter collectively
112oo8 ILA for Fire Protection Services") and District provides firefighting services to
residents of the Trophy Club Public Improvement District No. i. (hereinafter also referred to
as "PID"); and
Fire ILA—Slide 2
I. Incorporation 1 Term -1.2 - Page 2 of 14
1.2 Term. This Agreement shall become effective upon approval by each of the respective governing bodies of
Town and District and upon execution by their respective authorized representatives, and shall remain in effect for
an Initial Term of year . The Initial Term of this Agreement shall commence on October 1, 2016
and shall terminate on September 30, 20 . Upon expiration of the Initial Term, this Agreement shall
automatically be extended for three (3) additional five (5) year terms unless written notice of nonrenewal is given in
accordance with Section X.
Bill Rose is suggesting an initial term of 3 years with termination on Sept 30, 2019.
Fire ILA—Slide 3
II. Definitions — Page 3Of14
B. "Emergency Medical Services" shall mean any and all of the customary and usual
activities of trained paramedics providing emergency health care services,
C. "Fire -fighting Activities", "Fire Protection Services", or "Fire Functions" shall mean
any and all of the customary and usual activities of a fire department, including fire
suppression, fire prevention, training, safety education, maintenance, communications,
Emergency Medical Services, photography, and administration.
Bill Rose comment. Delete Emergency Medical Services. Creates conflicts with
3.182 and 3.1 C
Fire ILA—Slide 4
III. Budget and Funding — Page 3 of 14
3.1 A. Budget Preparation: Town shall prepare a budget for Fire Protection Services and present that budget to the Town Council
for approval. Budget amendments requiring additional funding shall be submitted for approval to both Town Council and District.
This Agreement does not impact the authority of District to set the appropriate tax rate for District. The Town will submit a
preliminary contractual amount when the Town submits the fiscal budget to Town Council. Town will provide an updated contractual
amount for Fire -fighting Activities prior to August 31 in accordance with the proposed Town's fiscal year budget. Town shall present
to District a total contractual obligation amount by August 31 each year. Town shall make available staff and budget information to
District as needed for approval of the contractual obligation.
Bill Rose suggestion. Change the last 2 sentences of original Town wording to read: "The Town shall submit a preliminary contractual amount to
the District when the Town submits the fiscal budget to the Town Council. Town shall make staff and budget information available to District as
needed for approval of the contractual obligation. Town and District shall have a joint meeting for the purpose of agreeing on the final contractual
amount no later than August 31 of each ,year. "
Fire ILA—Slide 5
III. Budget and Funding - continued— Page 4 of 14
3.1.A Continued
In order to facilitate a level emergency services assessment for the Trophy Club Public
Improvement District pursuant to the annual Service and Assessment Plan or "SAP" and
District Fire Tax, District shall provide outstanding debt, lease and reserve reimbursement
obligations as illustrated in Attachment "A" to this Agreement. Changes and/or updates to
Attachment "'A" shall be provided to Town prior to June 30 of each year of this Agreement,
, and any renewal term.
Change above from Carr was an addition in RED.
Fire ILA—Slide 6
III. Budget and Funding — Page 4 of 14
B. Funding:.....
3) District shall fund Z00% of all capital replacement costs through an annual capital
replacement contribution as defined herein, in accordance with the terms of theTewR
approved Budget through the assessment and collection of an annual Fire Tax on the
property owners of District.
MUD Changes inserted the word Fire 2 times
Fire ILA—Slide 7
III. Budget and Funding — Page 5 of 14
5) District shall continue to pay all outstanding debt obligations incurred and existing prior to the
commencement of the contract term.
Bill Rose is suggestion adding an item. "Funds that are not expended annually during the course of this
agreement shall be applied to the next -year's budget in accordance with distribution of costs shown above.
Conversely, shortfalls shall be allocated to District and Town in accordance with distribution of cost show above."
Fire ILA—Slide 8
III. Budget and Funding — Page 5 Of 14
C. Payment: Payments from the District for the purpose of Fire Protection Services shall be paid to the
Town on a monthly basis. The monthly payments shall constitute the entirety of the annual contract
divided by twelve (1.2)months, , beginning on October 31 and concluding
on September 30 of each fiscal year of the term of the Agreement, and thereafter for each successive year
in which this Agreement is in effect. Payments will become past due fifteen (15) business days after the
established due date.
Bill Rose suaaestion. The addition of "minus total PID Assessment Fee" by MUD needs to be specific to Fire
Protection Services.
Fire ILA—Slide g
IV. Operational Obligations and Rights of the Parties — Page 5 of 14
4.1 District Obligations and Rights:
District shall perform all of its duties and obligations as herein stated and shall devote
sufficient time and attention to the execution of such duties in full compliance with the
terms and conditions of this Agreement.
Addition proposed by Bill Rose. "The District may review Fire Protection Services and
coordinate modifications with the Town. The district may inspect, maintain, or repair District
assets under this agreement during reasonable hours. The Town shall be informed of findings
D D T�O�
and actions taken, or to be taken. "
Fire ILA—Slide io
IV. Operational Obligations and Fights of the Parties — Page 6 of 14
4.2 Town Obligations and Rights:
C. The officers and employees of Town shall perform all duties and responsibilities of the
District necessary to render Fire Protection Services
Eligible Persons.
I..
Bill Rose Suggestion to reword. "The officers and employees of the Town shall perform all
duties and responsibilities of the District necessary to meet or exceed all requirements of
Lire approved by the Texas Commission on Environmental Quality (TCEQ) and render Fire
Protection Services to all Eligible Persons. "
e
Fire ILA—Slide 11
IV. Operational Obligations and Fights of the Parties — Page 6 of 14
4.2 Town Obligations and Rights:
G. i cwyn vviii PI UVIlUt-, dill dr it lUdrl r dpUlL Id,(4d1U1HL4 6ILdLU6 dr IU 1 r id11 i U-,1 idi iu;, U1
station, engine/pumper, brush truck, and ladder truck. Additionally, Town wil
continuin tri mi=t=t gnH/r)r inyrppri the rPni llirpmPnt� c. -Pt hNi thQ NFPA Anri T(.F�-
Town add G above.
MUD replacement for G by Hase & Carr in Red
Additional suggestion by Bill Rose
The Town shall provide the District timely notice of any accident, damage, dangerous or defective condition
relatina to District assets under this aareement.
Fire ILA—Slide 12
V. Assets - Page 7 of 14
5.1 Ownership:
Prior to the commencement of this agreement, all assets owned or directly purchased by
District utilized for Fire Protection Services shall remain the property of District. This
Agreement does not affect right, title or interest to such property. All assets owned or
directly purchased by Town utilized for Fire Protection Services shall remain the property of
the Town. This Agreement does not affect right, title, or interest to such property.
MUD Replacement of 5.1 Carr which removed the last 2 sentences of Town proposed text.
Bill Rose suggestion of leave 5.1 the way it was proposed.
Fire ILA—Slide 13
VI. Employee Supervision and Organization — Page 7 of 14
6.1 Control and Oversight. Town shall have control and oversight over Fire Protection
Services and control and oversight over Emergency Medical Services. Town shall have
exclusive authority to establish Standard Operating Procedures for Firefighting Services and
Standard Operating Procedures for Emergency Medical Services. (hereinafter collectively,
"Town SOPS").
Bill Rose question. If this is true why are we approving them? Move SOP -s to definitions.
Fire ILA — Slide 14
X. Default 1 Termination — Pages 8 & 9 of 14
10.1 This Agreement maybe terminated during the last year of the Initial Term
without cause by either party giving written notice to the other party on or before
April 1, 20 for termination effective September 30, 20 or by written notice
on or before April 1 during the last year of any renewal term of this Agreement for
termination effective on September 30 of the last year of the then current five (5)
year renewal term.
MUD replacement for Zo.1— some changes by Hase and some by Carr
Bill Rose comment. "Three years and during thefi�year of any automatic renewal period.
Fire ILA—Slide 15
XV. Annual Financial Audit — Page 11 of 14
MUD addition from Hase and edits by Carr
Fire ILA—Slide 16
Attachment "B" - Page 14 Of 14
Trophy Club Municipal Utility District No. i
Fire Department Assets and Operator Practices Annual Audit Checklist
A by the District)
i. Standard Operating Procedures (SOP) — Meet or exceed all requirements of Town SOP's for Fire
Department.
2. Annual Inspection of all Fire Department Vehicles:
Ladder, Pumper and Brush Truck records of maintenance: including a full operational inspection once a
year by a manufacturer approved facility (e.g. Pierce in Denton)
3. Hose annual pressure testing documentation as required by the National Fire Protection
Association standards (NFPA).
Fire ILA—Slide 17
Attachment "B" — continued — Page 14 of 14
4. Air Packs Self Contained Breathing Apparatus (SOBA) as required. Manufacturer guidelines of the
National Fire Protection Association standards (NFPA).
5. Radio communications will be checked. and kept current with technology and operational
requirements as appropriate
6. Training records including all certification documents required per local, state and federal and
National Fire Protection Association standards
7. Meet or exceed all requirements of fire plan approved by the Texas Commission on Environmental
Quality (TCEQ).
8. Check for replenishment of major assets through GASB accounts.
Fire ILA — Slide 18