HomeMy WebLinkAbout2016-0919 Joint Meeting with Town of Trophy Club Agenda packet
BOARD OF DIRECTORS
SPECIAL JOINT MEETING WITH
TOWN OF TROPHY CLUB TOWN COUNCIL
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
100 MUNICIPAL DRIVE
TROPHY CLUB, TEXAS 76262
September 19 , 2016 6:30 p.m. Svore Municipal Boardroom
SPECIAL JOINT MEETING
CALL TO ORDER AND ANNOUNCE A QUORUM
CITIZEN COMMENTS
This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the
agenda. The Board is not permitted to take action on or discuss any presentations made to the Board
at this time concerning an item not listed on the agenda. The Board will hear presentations on specific
agenda items prior to the Board addressing those items. You may speak up to three (3) minutes or the
time limit determined by the President or presiding officer.
JOINT SESSION
1. Consider and take appropriate action regarding Interlocal Cooperation Agreement for Administration
of Fire Protection Service between Trophy Club Municipal Utility District No. 1 and the Town of Trophy
Club.
attachments: 2016 Fire Operations ILA last revision from Town plus NS Notes
Proposed changes from Director Rose
Proposed ILA from Director Hase
2. Discussion of future joint meetings and agenda items. (Carr)
ADJOURN
CERTIFICATION
THE STATE OF TEXAS §
COUNTIES OF DENTON AND TARRANT §
THIS NOTICE CERTIFIES THAT BY 6:00 P.M. ON THURSDAY, SEPTEMBER 15, 2016 A COPY OF THE ABOVE
AGENDA OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, BOARD OF DIRECTORS SPECIAL MEETING
JOINT SESSION TO BE HELD ON MONDAY, SEPTEMBER 19, 2016 AT 6:30 P.M., WAS POSTED ON THE FRONT
WINDOW OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 ADMINISTRATION BUILDING LOCATED AT
100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS, WHICH IS A PLACE CONVENIENT TO THE PUBLIC AND
WITHIN THE BOUNDARIES OF THE DISTRICT AND NOTIFICATION WAS POSTED TO THE DISTRICT WEBSITE,
IN ACCORDANCE WITH SECTION 49.063 OF THE WATER CODE AND SECTION 551.054 OF THE TEXAS
GOVERNMENT CODE, AS AMENDED.
Laurie Slaght, District Secretary
Trophy Club Municipal Utility District No. 1 1 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 1 of 13
Formatted: Superscript
INTERLOCAL COOPERATION AGREEMENT
FOR ADMINISTRATION OF FIRE PROTECTION SERVICES
THIS AGREEMENT is made and entered into this _____ day of _____, 2016, by
and between Trophy Club Municipal Utility District No. 1, a district created pursuant
to Section 59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54
hereinafter referred to as "District", and the Town of Trophy Club, a home rule
municipal corporation, hereinafter referred to as "Town".
W I T N E S S E T H :
WHEREAS, District is a duly organized political subdivision of the State of Texas
engaged in the administration of fire protection and related services for the benefit of
those persons residing, traveling within, or being physically located within the boundaries
of District, which boundaries include, without limitation, portions of the incorporated and
unincorporated limits of the Town of Trophy Club, Texas; and
WHEREAS, District and Town operate pursuant to the 2008 Interlocal Cooperation
Agreement for Fire Protection Services as amended by the First Amendment to 2008
Interlocal Cooperation Agreement for Fire Protection Services (hereinafter collectively
“2008 ILA for Fire Protection Services”) and District provides firefighting services to
residents of the Trophy Club Public Improvement District No. 1 (hereinafter also referred
to as “PID”); and
MUD Addition
WHEREAS, the PID pays their part of the fire expenses through an assessment
from the Town; and
WHEREAS, the provision of Fire Functions is a governmental function that serves
the public health and welfare, promotes efficiency and effectiveness of local governments,
and is of mutual concern to the contracting parties; and
WHEREAS, District is individually authorized to perform Fire Functions pursuant
to Section 49.351 of the Texas Water Code and the Town is individually authorized to
perform Fire Functions pursuant to its police powers and the parties desire to enter into
this Agreement regarding the performance of Fire Functions; and
WHEREAS, the lnterlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the "Act") provides authority for governmental entities of the
State of Texas to enter into interlocal agreements with each other regarding governmental
functions and services as set forth in the Act;
WHEREAS, Town and District have determined it necessary and appropriate to
enter into a new agreement for the operation of Fire Protection Services superseding the
2008 ILA for Fire Protection Services; and
Formatted: Not Different first page header
Trophy Club Municipal Utility District No. 1 2 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 2 of 13
Formatted: Superscript
NOW, THEREFORE, District and Town, for and in consideration of the recitals set
forth above and terms and conditions below, agree as follows:
I.
Incorporation I Term
1.1 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
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 five (5) one (1)
years. The Initial Term of this Agreement shall commence on October 1, 2016 and shall
terminate on September 30, 201721. 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.
MUD Proposed Changes via Hase and edits via Carr
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 trial period of one (1)
year, commencing October 1, 2016 and terminating on September 30, 2017. If neither
governmental agency elects to terminate after one (1) year trial, then an initial term of five
(5) years shall commence on October 1, 2017 and shall terminate on September 30,
2022. Upon expiration of the initial five (5) year term, this agreement shall automatically
be extended for an additional five (5) year term unless written notice of nonrenewal is
given in accordance with Section X. 10.1 and 10.2 of this Agreement..
II.
Definitions
2.1 As used herein, the words and phrases hereinafter set forth shall have the
meanings as follows:
A. "Eligible Persons" shall mean those persons residing, traveling within, or being
physically located within the corporate boundaries of the Town of Trophy Club, Texas
and/or District, including without limitation both incorporated an unincorporated areas,
and shall also include those persons residing, traveling within, or being physically
located within the corporate boundaries of another political subdivision of the State of
Texas with whom Town and/or District have a mutual aid agreement to provide fire
protection services and those persons located within the fire district as designated by
Denton County and accepted by Town and/or District.
Trophy Club Municipal Utility District No. 1 3 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 3 of 13
Formatted: Superscript
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.
III.
Budget and Funding
3.1 Budget and Funding
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.
MUD Proposed Changes via Hase and edits from Carr
A. Budget Preparation: Town shall prepare a budget for Fire Protection Services and
present that budget to the Town Council for approval. The Town representative shall
then present the Fire Budget to the District Board of Directors for possible changes
and final 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 of current fiscal year in accordance with the proposed
Town’s fiscal year budget.
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, (with the exception of 2016), and any renewal term.
Change above from Carr was an addition in RED.
B. Funding: District and Town shall share the funding of all costs associated with Fire
Protection Services provided to Eligible Persons as defined herein, pursuant to the
Trophy Club Municipal Utility District No. 1 4 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 4 of 13
Formatted: Superscript
approved Budget and in accordance with the terms of this Agreement. Such funding
shall be accomplished as follows:
1) District shall fund 50% of all costs associated of personnel providing Fire
Protection Services provided to Eligible Persons as defined herein, in accordance
with the terms of the Town approved Budget through the assessment and
collection of an annual Fire Tax on the property owners of District.
2) District shall fund 100% of all costs of services and supplies associated with Fire
Protection Services and services associated with operating the Fire Department in
accordance with the terms of the Town approved Budget through the assessment
and collection of an annual Fire Tax on the property owners of District.
3) District shall fund 100% of all capital replacement costs through an annual capital
replacement contribution as defined herein, in accordance with the terms of the
Town approved Budget through the assessment and collection of an annual Fire
Tax on the property owners of District.
MUD changes made by Carr – add the word fire in Red 2 times and remove Town
3) District shall fund 100% of all fire capital replacement costs through an annual
capital replacement contribution as defined herein, in accordance with the
terms of the Town approved Fire Budget through the assessment and collection
of an annual Fire Tax on the property owners of District.
4) The Town shall fund all costs associated with Fire Protection Services to Eligible
Persons by an annual assessment on and collection from Eligible Persons owning
real property and improvements thereon located within the Town but not within
District and levied in accordance with the Public Improvement District Act, Chapter
372 of the Texas Local Government Code, as amended; such assessment shall
be adopted by Town Council through the approval of the Annual Service and
Assessment Plan for Authorized Services for the Trophy Club Public Improvement
District No. 1. If the beneficial assessment determined in the SAP (Service and
Assessment Plan) is an amount different from the fire tax of District, the Parties
agree to negotiate the reconciliation of the difference.
MUD wishes to strike 5 - Carr
5) District shall continue to pay all outstanding debt obligations incurred and existing
prior to the commencement of the contract term.
MUD addition by Carr in RED
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 (12) months, minus total PID
assessment fee, 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
Trophy Club Municipal Utility District No. 1 5 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 5 of 13
Formatted: Superscript
which this Agreement is in effect. Payments will become past due fifteen (15)
business days after the established due date.
IV.
Operational Obligations and Rights of the Parties
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
4.2 Town Obligations and Rights:
A. Upon the effective date of this Agreement, Town shall be responsible for providing
Fire Protection Services to Eligible Persons, including but not limited to assuming full
responsibility for the operational control and management of Fire Protection Services,
previously under the control and direction of District. The Town's responsibilities
hereunder shall include, without limitation, the control, and management of all
personnel as more specifically set forth in Section VI and all policy and personnel
matters related to and arising out of providing Fire Protection Services and the
obligations specifically assumed hereunder.
B. Town, acting through its Town Manager or designees, shall oversee the daily
operations of Fire Protection Services.
MUD addition per Carr in RED
C. The officers and employees of Town shall perform all duties and responsibilities of the
District necessary to render Fire Protection Services (per Attachment “B” Item 7) to all
Eligible Persons.
D. It shall be the responsibility and duty of Town, its officers and employees, within the
sole discretion of such officers and employees, to determine priorities in the
dispatching and use of such equipment and personnel to perform Fire Functions under
this Agreement.
E. Town shall have the authority to enter into mutual aid agreements on behalf of District
and Town to provide Fire Protection Services as deemed appropriate by Town. The
term of such agreements shall run concurrently with the term of this Agreement and
shall terminate upon termination of this Agreement.
F. Town shall perform all of its duties and obligations as herein stated and shall devote
sufficient time and attention to the execution of such duties provided on behalf of
District in full compliance with the terms and conditions of this Agreement and shall
provide immediate and direct supervision of employees, agents, contractors, sub-
contractors and/or laborers, if any, in the furtherance of the purposes, terms and
conditions of this agreement for the mutual benefit of Town and District.
Trophy Club Municipal Utility District No. 1 6 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 6 of 13
Formatted: Superscript
G. Town will provide an annual report regarding status and maintenance of fire station,
engine/pumper, brush truck, and ladder truck. Additionally, Town will continue to meet
and/or exceed the requirements set by the NFPA and TCFP.
MUD replacement of G by Hase and Carr in RED
G. District shall hire Fire Auditors of their choice to review physical Fire Department assets
and operator practices on an annual basis for benefit of District and Town; audit shall
occur during the month of April. (See Attachment “B”). All Auditors fees will be included
in Fire Budget.for assets and operator practices.
V.
Assets
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 by Carr which removed the last 2 sentences of above
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.
5.2 Ownership Upon Termination. Upon termination of this Agreement, each party
shall retain ownership of assets purchased with its respective funds unless both Town
and District elect to negotiate terms to transfer ownership to the other party.
VI.
Employee Supervision and Organization
6.01 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").
6.02 Benefits and Human Resources Services. In accordance with Town personnel
policies, Town shall provide benefits and human resources services to all eligible
employees providing Fire Protection Services. DISTRICT shall provide funding as set
forth in Subsection 3.1(B). The Parties understand and agree that on and after the
effective date of this Agreement, all employees providing Fire Protection Services shall
be Town employees and shall be solely subject to Town personnel policies and Town
SOPs.
Trophy Club Municipal Utility District No. 1 7 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 7 of 13
Formatted: Superscript
VII.
Consideration
The parties agree that sufficient consideration for this Agreement exists and is found in
the Payments Made pursuant to Section III of this Agreement and in the cross promises
set forth above and other good and valuable consideration. District's agreement to fund
Fire Functions as provided in Section III above in exchange for Town's agreement to
oversee and manage Fire Functions for Eligible Persons as provided in Section IV above,
shall serve as sufficient consideration under this Agreement. 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
VIII.
Negligence of Parties/Insurance
8.1 Town Negligence/Insurance. Town shall be responsible for its sole negligence.
Town agrees to and accepts full responsibility for the acts, negligence, and/or omissions
of all Town's officers, employees, and agents acting under its direction. Town shall
provide liability insurance to cover the acts and omissions of Town, its officers,
employees, and agents performing obligations under this agreement, including but not
limited to all personnel providing Fire Protection Services.
8.2 District Negligence/Insurance. District shall be responsible for its sole
negligence. District agrees to and accepts full responsibility for the acts, negligence,
and/or omissions of all District's officers, employees, and agents acting under its direction.
District shall maintain general liability insurance to cover District owned or leased assets.
District shall provide liability insurance to cover the acts and omissions of District, its
officers, employees, and agents performing obligations under this Agreement.
IX.
Immunity
The fact that Town and District accept certain responsibilities relating to the rendering of
Fire Protection 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. Neither
Town nor District waives any immunity or defense that would otherwise be available to it
against claims arising from the exercise of governmental powers and functions.
X.
Default I Termination
Trophy Club Municipal Utility District No. 1 8 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 8 of 13
Formatted: Superscript
10.1 This Agreement may be 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, 201721
for termination effective September 30, 201721 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 10.1 – some changes by Hase and some by Carr
10.1 This Agreement may be terminated after year one (1) and subsequently during the
last year of the Initial five (5) year Term without cause by either party giving written notice
to the other party on or before June 1st, 2022 for termination effective September 30,
2022 or by written notice on or before June 1st 2017 and subsequently 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.
10.2 In the event that either party hereto breaches any term or condition of this
Agreement, this Agreement may be terminated by the aggrieved party if such default is
not cured within a period of ninety (90) days after receipt of written notice of default by
the party allegedly in breach of its obligations hereunder. At the option of the aggrieved
party, if such default is not cured within the ninety (90) day period, this Agreement shall
immediately terminate without further notice, unless an extension is mutually agreed and
approved by both Town and District.
XI.
Entire Agreement
This Agreement represents the entire and integrated agreement between Town and
District and supersedes all prior negotiations, representations, and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by
both parties.
XII.
Venue
The laws of the State of Texas shall govern this Agreement and each of its terms and
provisions, including but not limited to the rights and duties of the parties hereto, and
exclusive venue shall be in Denton County, Texas.
XIII.
Severability
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
Trophy Club Municipal Utility District No. 1 9 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 9 of 13
Formatted: Superscript
XIV.
Non-Waiver
All rights, remedies, and privileges permitted or available to either 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 either party in the enforcement
of any such right, remedy or privilege against the other party, shall not constitute a waiver
of such right, remedy or privilege by the forbearing party. A default by either party under
this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under
this Agreement by such defaulting party.
MUD addition from Hase and edits by Carr
XV.
ANNUAL FINANCIAL AUDIT
The Fire Department annual financial audit will continue to be a part of the annual
Trophy Club Municipal Utility District No. 1 financial audit. Town will provide full access
to Fire records for this purpose no later than September 30th of current fiscal year.
Trophy Club Municipal Utility District No. 1 10 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 10 of 13
Formatted: Superscript
XV.
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.
EXECUTED in duplicate originals. The effective date of this Agreement shall be
____________, 2016.
TOWN OF TROPHY CLUB, TEXAS
By:
Name: C. Nick Sanders
Title: Mayor
Date:
ATTEST:
By:
Name: Holly Fimbres
Title: Town Secretary / RMO
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
By:
Name:Kevin R. CarrJim Moss
Title: President
Date:
ATTEST:
By:
Name: James HaseKevin R. Carr
Title: Secretary/Treasurer
Trophy Club Municipal Utility District No. 1 11 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 11 of 13
Formatted: Superscript
ACKNOWLEDGEMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the _____ day of
_______________, 2016 by C. Nick Sanders, Mayor of the TOWN OF TROPHY CLUB,
TEXAS, a home rule municipal corporation, on behalf of such corporation
Notary Public in and for the State of
Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the _____ day of
_______________, 2016 by Jim Moss, President of the TROPHY CLUB MUNICIPAL
UTILITY DISTRICT NO. 1, district, on behalf of such corporation
Notary Public in and for the State of
Texas
Trophy Club Municipal Utility District No. 1 12 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 12 of 13
Formatted: Superscript
Attachment “A”
Trophy Club MUD ‐ Fire Department Debt
Fiscal Year
Fire Station Bond
Reimbursement
Reserve
Ladder Truck
Lease
Total
2017 $ 148,658 $ 68,096 $127,149 $343,903
2018 150,858 68,096 127,149 346,103
2019 147,883 68,096 127,149 343,128
2020 149,908 68,096 127,149 345,153
2021 151,758 68,096 127,149 347,003
2022 153,433 68,096 127,149 348,678
2023 153,433 68,096 ‐221,529
2024 153,183 68,096 ‐221,279
2025 152,683 68,096 ‐220,779
2026 148,083 68,096 ‐216,179
2027 153,368 68,096 ‐221,464
2028 153,243 68,096 ‐221,339
2029 152,783 68,096 ‐220,879
2030 152,113 68,096 ‐220,209
2031 151,163 68,096 ‐219,259
Total $ 2,272,550 $ 1,021,440 $762,894 $4,056,884
Trophy Club Municipal Utility District No. 1 13 of 29 September 19 - Joint Meeting Agenda Packet
2016 MUD Fire Operations – Town Revised August 24th, 2016 – Notes added by Sanders in Red including
MUD changes as submitted by Hase / Carr Page 13 of 13
Formatted: Superscript
MUD addition of Attachment B – Some came from Hase and some from Carr
Attachment “B”
Trophy Club Municipal Utility District No. 1
Fire Department Assets and Operator Practices Annual Audit Checklist
(Audit to be performed by independent consultant retained by the District)
1. Standard Operating Procedures (SOP) – Meet or exceed all requirements of
Town SOP’s for Fire Department.
2. Annual Inspection of all Fire Department Vehicles:
a. 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).
4. Air Packs Self Contained Breathing Apparatus (SCBA) 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.
Trophy Club Municipal Utility District No. 1 14 of 29 September 19 - Joint Meeting Agenda Packet
Bill Rose 08302016 Page 1 of 1
DIRECTOR ROSE
Fire ILA Changes
Redline added 3rd “WHEREAS, the PID pays their part of the fire expenses through an assessment from the
Town; and”
1.2 Propose: An initial term of three years….terminate on September 30, 2017
2.1 C. Delete “Emergency Medical Services” Creates conflict with 3.1 B 2, 3.1 C
3.1 A Change last two sentences 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 a final contractual amount no later
than August 31 of each year.”
3.1 B. Strike “and any renewal term.” Redundant. Agreement automatically renews.
New 3.1 B 5. : 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 costs shown above.
Old 3.1 B 5 was removed in redline. Why? Is the Town going to pick up the debt??
3.1 C Redline “minus total PID assessment fee” needs to be specific “for Fire Protection Services”.
4.1. Add sentence: “ 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 and actions taken, or to be taken.”
4.2. C. Reword redline to: “The officers and employees of Town shall perform all duties and
responsibilities of the District necessary to meet or exceed all requirements of fire plan approved by the
Texas Commission on Environmental Quality (TCEQ) and render Fire Protection Services to all Eligible
Persons.
4.2 G. Add “The Town shall provide the District timely notice of any accident, damage, dangerous or
defective condition relating to District assets under this agreement.”
4.2 G Redline Added
5.1 Redline deleted: “All assets owned or directly purchased by Town utilized for Fire Protection Services
shall remain the property of the Town.” Reinsert.
6.1 “Town shall have exclusive authority to establish Standard Operating Procedures for Firefighting
Services…” If this is true, why are we approving them??? Move ”town SOP’s” to definitions.
10. three years and during the final year of any automatic renewal period.
Annex “B” Is this necessary or desirable? Complete? Limiting?
Trophy Club Municipal Utility District No. 1 15 of 29 September 19 - Joint Meeting Agenda Packet
Interlocal Cooperation Agreement for Page 1 of 14
Administration of Fire Protection Services
INTERLOCAL COOPERATION AGREEMENT
FOR ADMINISTRATION OF FIRE PROTECTION SERVICES
THIS AGREEMENT is made and entered into this _____ day of _____, 2016, by
and between Trophy Club Municipal Utility District No. 1, a district created pursuant
to Section 59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54
hereinafter referred to as "District", and the Town of Trophy Club, a home rule
municipal corporation, hereinafter referred to as "Town".
W I T N E S S E T H:
WHEREAS, District is a duly organized political subdivision of the State of Texas
engaged in the administration of fire protection and related services for the benefit of
those persons residing, traveling within, or being physically located within the boundaries
of District, which boundaries include, without limitation, portions of the incorporated and
unincorporated limits of the Town of Trophy Club, Texas; and
WHEREAS, District and Town operate pursuant to the 2008 Interlocal Cooperation
Agreement for Fire Protection Services as amended by the First Amendment to 2008
Interlocal Cooperation Agreement for Fire Protection Services (hereinafter collectively
“2008 ILA for Fire Protection Services”) and District provides firefighting services to
residents of the Trophy Club Public Improvement District No. 1 (hereinafter also referred
to as “PID”); and
WHEREAS, the, the PID pays their part of the fire expenses through an
assessment from the Town; and
WHEREAS, the provision of Fire Functions is a governmental function that serves
the public health and welfare, promotes efficiency and effectiveness of local governments,
and is of mutual concern to the contracting parties; and
WHEREAS, District is individually authorized to perform Fire Functions pursuant
to Section 49.351 of the Texas Water Code and the Town is individually authorized to
perform Fire Functions pursuant to its police powers and the parties desire to enter into
this Agreement regarding the performance of Fire Functions; and
WHEREAS, the lnterlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the "Act") provides authority for governmental entities of the
State of Texas to enter into interlocal agreements with each other regarding governmental
functions and services as set forth in the Act;
WHEREAS, Town and District have determined it necessary and appropriate to
enter into a new agreement for the operation of Fire Protection Services superseding the
2008 ILA for Fire Protection Services; and
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NOW, THEREFORE, District and Town, for and in consideration of the recitals set
forth above and terms and conditions below, agree as follows:
I.
Incorporation I Term
1.1 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
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 trial period of one (1)
year, commencing October 1, 2016 and terminating on September 30, 2017. If neither
governmental agency elects to terminate after one (1) year trial, then an in initial term of
five (5) years shall commence on October 1, 2017 and shall terminate on September 30,
2022. Upon e3xpiration of the initial five (5) year term, this agreement shall automatically
be extended for three (3) an additional five (5) year terms unless written notice of
nonrenewal is given in accordance with Section 10.2X. 10.1 and 10.2 of this
Agreement.an Initial Term of five (5) years. The Initial Term of this Agreement shall
commence on October 1, 2016 and shall terminate on September 30, 2021. 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.
II.
Definitions
2.1 As used herein, the words and phrases hereinafter set forth shall have the
meanings as follows:
A. "Eligible Persons" shall mean those persons residing, traveling within, or being
physically located within the corporate boundaries of the Town of Trophy Club, Texas
and/or District, including without limitation both incorporated an unincorporated areas,
and shall also include those persons residing, traveling within, or being physically
located within the corporate boundaries of another political subdivision of the State of
Texas with whom Town and/or District have a mutual aid agreement to provide fire
protection services and those persons located within the fire district as designated by
Denton County and accepted by Town and/or District.
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.
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Administration of Fire Protection Services
III.
Budget and Funding
3.1 Budget and Funding
A. Budget Preparation: Town shall prepare a budget for Fire Protection Services and
present that budget to the Town Council for approval. The Town representative shall
then provideresent the Fire Budget to the District Board of Directors for possible
changes and final 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 of current fiscal year in accordance with the proposed
Town’s fiscal year budget.
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 (with the exception of 2016), and any renewal term.
B. Funding: District and Town shall share the funding of all costs associated with Fire
Protection Services provided to Eligible Persons as defined herein, pursuant to the
approved Budget and in accordance with the terms of this Agreement. Such funding
shall be accomplished as follows:
1) District shall fund 50% of all costs associated of personnel providing Fire
Protection Services provided to Eligible Persons as defined herein, in accordance
with the terms of the Town approved Budget through the assessment and
collection of an annual Fire Tax on the property owners of District.
2) District shall fund 100% of all costs of services and supplies associated with Fire
Protection Services and services associated with operating the Fire Department in
accordance with the terms of the Town approved Budget through the assessment
and collection of an annual Fire Tax on the property owners of District.
3) District shall fund 100% of all fire capital replacement costs through an annual
capital replacement contribution as defined herein, in accordance with the terms
of the Town approved Fire Budget through the assessment and collection of an
annual Fire Tax on the property owners of District.
4) The Town shall fund all costs associated with Fire Protection Services to Eligible
Persons by an annual assessment on and collection from Eligible Persons owning
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real property and improvements thereon located within the Town but not within
District and levied in accordance with the Public Improvement District Act, Chapter
372 of the Texas Local Government Code, as amended; such assessment shall
be adopted by Town Council through the approval of the Annual Service and
Assessment Plan for Authorized Services for the Trophy Club Public Improvement
District No. 1. If the beneficial assessment determined in the SAP (Service and
Assessment Plan) is an amount different from the fire tax of District, the Parties
agree to negotiate the reconciliation of the difference.
5) District shall continue to pay all outstanding debt obligations incurred and existing
prior to the commencement of the contract term.
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 (12) months minus total PID
assessment fee, 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.
IV.
Operational Obligations and Rights of the Parties
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
4.2 Town Obligations and Rights:
A. Upon the effective date of this Agreement, Town shall be responsible for providing
Fire Protection Services to Eligible Persons, including but not limited to assuming full
responsibility for the operational control and management of Fire Protection Services,
previously under the control and direction of District. The Town's responsibilities
hereunder shall include, without limitation, the control, and management of all
personnel as more specifically set forth in Section VI and all policy and personnel
matters related to and arising out of providing Fire Protection Services and the
obligations specifically assumed hereunder.
B. Town, acting through its Town Manager or designees, shall oversee the daily
operations of Fire Protection Services.
C. The officers and employees of Town shall perform all duties and responsibilities of the
District necessary to render Fire Protection Services (per Attachment “B” Item 7.) to
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Administration of Fire Protection Services
all Eligible Persons.
D. It shall be the responsibility and duty of Town, its officers and employees, within the
sole discretion of such officers and employees, to determine priorities in the
dispatching and use of such equipment and personnel to perform Fire Functions under
this Agreement.
E. Town shall have the authority to enter into mutual aid agreements on behalf of District
and Town to provide Fire Protection Services as deemed appropriate by Town. The
term of such agreements shall run concurrently with the term of this Agreement and
shall terminate upon termination of this Agreement.
F. Town shall perform all of its duties and obligations as herein stated and shall devote
sufficient time and attention to the execution of such duties provided on behalf of
District in full compliance with the terms and conditions of this Agreement and shall
provide immediate and direct supervision of employees, agents, contractors, sub-
contractors and/or laborers, if any, in the furtherance of the purposes, terms and
conditions of this agreement for the mutual benefit of Town and District.
G. District shall hire Fire Auditors of their choice to review physical Fire Department assets
and operator practices on an annual basis for benefit of District and Town; audit shall
occur during the month of April. (See Attachment “B”.). All Auditors fees will be
included in Fire Budget.for assets and operator practices.
V.
Assets
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.
5.2 Ownership Upon Termination. Upon termination of this Agreement, each party
shall retain ownership of assets purchased with its respective funds unless both Town
and District elect to negotiate terms to transfer ownership to the other party.
VI.
Employee Supervision and Organization
6.01 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").
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6.02 Benefits and Human Resources Services. In accordance with Town personnel
policies, Town shall provide benefits and human resources services to all eligible
employees providing Fire Protection Services. DISTRICT shall provide funding as set
forth in Subsection 3.1(B). The Parties understand and agree that on and after the
effective date of this Agreement, all employees providing Fire Protection Services shall
be Town employees and shall be solely subject to Town personnel policies and Town
SOPs.
VII.
Consideration
The parties agree that sufficient consideration for this Agreement exists and is found in
the Payments Made pursuant to Section III of this Agreement and in the cross promises
set forth above and other good and valuable consideration. District's agreement to fund
Fire Functions as provided in Section III above in exchange for Town's agreement to
oversee and manage Fire Functions for Eligible Persons as provided in Section IV above,
shall serve as sufficient consideration under this Agreement. 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
VIII.
Negligence of Parties/Insurance
8.1 Town Negligence/Insurance. Town shall be responsible for its sole negligence.
Town agrees to and accepts full responsibility for the acts, negligence, and/or omissions
of all Town's officers, employees, and agents acting under its direction. Town shall
provide liability insurance to cover the acts and omissions of Town, its officers,
employees, and agents performing obligations under this agreement, including but not
limited to all personnel providing Fire Protection Services.
8.2 District Negligence/Insurance. District shall be responsible for its sole
negligence. District agrees to and accepts full responsibility for the acts, negligence,
and/or omissions of all District's officers, employees, and agents acting under its direction.
District shall maintain general liability insurance to cover District owned or leased assets.
District shall provide liability insurance to cover the acts and omissions of District, its
officers, employees, and agents performing obligations under this Agreement.
IX.
Immunity
The fact that Town and District accept certain responsibilities relating to the rendering of
Fire Protection 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
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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. Neither
Town nor District waives any immunity or defense that would otherwise be available to it
against claims arising from the exercise of governmental powers and functions.
X.
Default I Termination
10.1 This Agreement may be terminated after year one (1) and subsequently during the
last year of the Initial five (5) year Term without cause by either party giving written notice
to the other party on or before April June 1st, 20212 for termination effective September
30, 2021 2022 or by written notice on or before 2016 April June 1st 2017 and subsequently
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.
10.2 In the event that either party hereto breaches any term or condition of this
Agreement, this Agreement may be terminated by the aggrieved party if such default is
not cured within a period of ninety (90) days after receipt of written notice of default by
the party allegedly in breach of its obligations hereunder. At the option of the aggrieved
party, if such default is not cured within the ninety (90) day period, this Agreement shall
immediately terminate without further notice, unless an extension is mutually agreed and
approved by both Town and District.
XI.
Entire Agreement
This Agreement represents the entire and integrated agreement between Town and
District and supersedes all prior negotiations, representations, and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by
both parties.
XII.
Venue
The laws of the State of Texas shall govern this Agreement and each of its terms and
provisions, including but not limited to the rights and duties of the parties hereto, and
exclusive venue shall be in Denton County, Texas.
XIII.
Severability
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
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XIV.
Non-Waiver
All rights, remedies, and privileges permitted or available to either 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 either party in the enforcement
of any such right, remedy or privilege against the other party, shall not constitute a waiver
of such right, remedy or privilege by the forbearing party. A default by either party under
this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under
this Agreement by such defaulting party.
XV.
ANNUAL FINANCIAL AUDIT
The The Fire Department annual financial audit will continue to be a part of the
annual Trophy Club Municipal Utility District No. 1 financial audit. Town will
provide full access to Fire records for this purpose no later than September 30th
of current fiscal year.
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XVI.
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.
EXECUTED in duplicate originals. The effective date of this Agreement shall be
____________, 2016.
TOWN OF TROPHY CLUB, TEXAS
By:
Name: C. Nick Sanders
Title: Mayor
Date:
ATTEST:
By:
Name: Holly Fimbres
Title: Town Secretary / RMO
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
By:
Name:Jim MossKevin R. Carr
Title: President
Date:
ATTEST:
By:
Name: Kevin R. CarrJamesim Hase
Title: Secretary/Treasurer
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ACKNOWLEDGEMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the _____ day of
_______________, 2016 by C. Nick Sanders, Mayor of the TOWN OF TROPHY CLUB,
TEXAS, a home rule municipal corporation, on behalf of such corporation
Notary Public in and for the State of
Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the _____ day of
_______________, 2016 by Jim MossKevin R. Carr, President of the TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1, dDistrict, on behalf of such corporation
Notary Public in and for the State of
Texas
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Attachment “A”
Trophy Club MUD ‐ Fire Department Debt
Fiscal Year
Fire Station
Bond
Reimburseme
nt
Reserve
Ladder
Truck
Lease
Total
2017 $
148,65
$
68,09
$
127,14
$
343,902018 150,85
8
68,09
6
127,14
9
346,10
3
2019 147,88
3
68,09
6
127,14
9
343,12
8
Trophy Club MUD ‐ Fire Department Debt
Fiscal Year
Fire Station Bond
Reimbursement
Reserve
Ladder Truck
Lease
Total
2017 $ 148,658 $ 68,096 $127,149 $343,903
2018 150,858 68,096 127,149 346,103
2019 147,883 68,096 127,149 343,128
2020 149,908 68,096 127,149 345,153
2021 151,758 68,096 127,149 347,003
2022 153,433 68,096 127,149 348,678
2023 153,433 68,096 ‐221,529
2024 153,183 68,096 ‐221,279
2025 152,683 68,096 ‐220,779
2026 148,083 68,096 ‐216,179
2027 153,368 68,096 ‐221,464
2028 153,243 68,096 ‐221,339
2029 152,783 68,096 ‐220,879
2030 152,113 68,096 ‐220,209
2031 151,163 68,096 ‐219,259
Total $ 2,272,550 $ 1,021,440 $762,894 $4,056,884
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2020 149,90
8
68,09
6
127,14
9
345,15
3
2021 151,75
8
68,09
6
127,14
9
347,00
3
2022 153,43
3
68,09
6
127,14
9
348,67
8
2023 153,43
3
68,09
6
‐221,52
9
2024 153,18
3
68,09
6
‐221,27
9
2025 68,096 ‐220,779
2026 68,096 ‐216,179
2027 68,096 ‐221,464
2028 68,096 ‐221,339
2029 68,096 ‐220,879
2030 68,096 ‐220,209
2031 68,096 ‐219,259
Total $$ 1,021,440 $
762,89
$4,056,884
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Attachment “B”
Trophy Club Municipal Utility District No. 1
Fire Department Assets and Operator Practices Annual Audit Checklist
(Audit to be performed by independent consultant retained by the District)
1. Standard Operating Procedures (SOP) – Meet or exceed all requirements of
Town SOP’s for Fire Department.
2. Annual Inspection of all Fire Department Vehicles:
a. 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)
Ladder, Pumper and Brush Truck records of maintenance: including once
a year manufacturer approved facility (e.g. Pierce in Denton)
3. Hose annual pressure testing documentation as required by the National Fire
Protection Association standards (NFPA).
4. Air Packs Self Contained Breathing Apparatus (SCBA) 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
Radio communications will be checked.
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.
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