City of Fairfax, Virginia City Council Regular Meeting

Transcription

1 City of Fairfax, Virginia City Council Regular Meeting Agenda Item # City Council Meeting 7a 10/27/2015 TO: FROM: SUBJECT: ISSUE(S): Honorable Mayor and Members of City Council Robert Sisson, City Manager Consideration of a resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Fairfax and the City of Fairfax Volunteer Fire Department (FVFD). Whether to approve a resolution authorizing the City Manager to execute a MOU between the City of Fairfax and the City of Fairfax Volunteer Fire Department, provided that the MOU and any amendments are acceptable to the City Manager and approved as to form by the City Attorney. SUMMARY: Representatives from the Fairfax Volunteer Fire Department (FVFD), City Manager s Office and City Fire Department have reviewed and reconsidered the current City of Fairfax (City)/FVFD operating relationship and agreement and have identified opportunities to improve overall operations and cost efficiencies, while providing the FVFD the support it needs to maintain and/or enhance the level of service it currently provides. As a result of this joint effort between the City and the FVFD an alternate framework has been developed and a revised MOU drafted to help ensure the continued long-term success and viability of the FVFD and its mission. Potential efficiencies and savings have been identified in the areas of facility repairs and maintenance, the capital improvement program, personnel costs and vehicle and equipment financing. For example, as the City is able to negotiate substantially more favorable loan terms than the FVFD when financing vehicle and equipment purchases, the City is currently considering an opportunity to finance a fire truck which would result in a savings of $200,000 - $250,000 over its eight year financing period. FISCAL IMPACT: Average estimated annual savings of about $50,000 - $100,000. RECOMMENDATION: ALTERNATIVE COURSE OF ACTION: RESPONSIBLE STAFF/ POC: COORDINATION: ATTACHMENTS: Approve a resolution authorizing the City Manager to execute a MOU between the City of Fairfax and the City of Fairfax Volunteer Fire Department, provided that the MOU and any amendments are acceptable to the City Manager and approved as to form by the City Attorney. Take no action David Hodgkins, Assistant City Manager/Director of Finance City Manager, FVFD, City Attorney, Fire Department Proposed Resolution, Proposed MOU, Sample Motion

2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FAIRFAX, VIRGINIA AND FAIRFAX VOLUNTEER FIRE DEPARTMENT, INC. This Memorandum of Understanding (this MOU ) is made this _ day of, 2015, by and between the City of Fairfax, Virginia, a Virginia municipal corporation (the City ), and Fairfax Volunteer Fire Department, Inc., a Virginia corporation ( FVFD ). The City and FVFD may hereinafter be collectively referred to from time to time as the Parties. WHEREAS, the City and FVFD have a long history of mutual cooperation in support of delivering fire and emergency medical services to the residents of the City and surrounding areas; and WHEREAS, FVFD has historically utilized funds raised from public and other contributions, including state funding, as well as proceeds from bingo operations, together with City general fund support (including a portion of the revenue received by the City from billing insurance companies for ambulance transport) to fund its operations; and WHEREAS, the FVFD s current funding sources and current funding structure are limited, offer limited growth opportunities, and are projected to be insufficient to fully fund the requirements for FVFD apparatus acquisition and capital improvements to FVFD facilities in future years, absent significant additional City direct financial and/or other contributions; and WHEREAS, it is the City s intention to continue its support of FVFD and its mission at a level which maintains or improves the overall effectiveness and/or quality of service, facilities and equipment provided to and with the City s professional fire department; and WHEREAS, the City and FVFD have been actively working to develop an alternative framework to ensure the continued long term success and viability of the FVFD and the continuation of the effective partnership between the two organizations, and working toward efficiencies of operation, and this MOU is the result of those discussions. NOW, THEREFORE, the Parties agree as follows: 1. Recitals. The above recitals are incorporated herein by reference. 2. Financial Review and Planning. The parties will meet at a minimum twice per year (and more often as necessary) to review FVFD financial results and updated projections. Requested financial documents and reports shall be provided to the City in a format and at a schedule reasonably acceptable to both the City and FVFD. Page 1

3 3. Expenditure/Revenue Off-Set Categories. The Parties agree that the following four (4) categories shall form the basis of the relationship between the Parties moving forward (collectively, the Areas of Mutual Interest ): (i) fire and emergency vehicle purchase and financing; (ii) fire department facility capital improvements/expenses; (iii) fire department facility repairs and maintenance; and (iv) overtime reduction/volunteer participation. The Parties agree that they will work together to establish a base line with regard to the operational requirements of FVFD and with regard to the first three of the above Areas of Mutual Interest, as well as to maximize volunteer participation (with the goal of reducing and controlling fire department overtime costs generally). With regard to fire and emergency vehicle purchase and financing, the Parties agree to work cooperatively to ensure the most cost effective method(s) for acquiring vehicles, although the decision regarding any vehicle needs shall continue to be made by FVFD utilizing its ordinary process. For example, the aerial tower apparatus scheduled for delivery on or about the Effective Date shall be financed by the City with the FVFD having a leasehold interest throughout the financing period. At the end of the financing period and at the request of FVFD title may be transferred to the FVFD provided said debt has been satisfied and the obligor has released title to the City. With regard to fire department facility capital improvements/expenses, and fire department facility repairs and maintenance, the Parties agree to work together cooperatively to identify the fire department needs and to determine the best methods for maximizing operating efficiencies. The City s contribution to these operational and other costs shall be effected through a combination of cash and in-kind contributions, based on the FVFD s cash flow needs as determined by the FVFD and in the City s reasonable discretion, and shall be incorporated into the annual City budget process for each fiscal year ( FY ). 4. Existing Memorandum of Agreement. The Parties agree that the existing Memorandum of Agreement between the Parties dated as of February, 2008 (the Existing MOA ), pertaining to ambulance transport insurance billing revenue sharing, shall be superseded by this MOU as the City s support to the FVFD shall be provided as described in Section 3 above. Notwithstanding the foregoing, the Parties agree that the current City FY percentage of revenue transferred from the City to FVFD, pursuant to the Existing MOA, shall continue in effect through the end of the current FY, unless otherwise agreed by the Parties. However, the revenue transfer from the City to FVFD in the current City FY may be made through a combination of cash and in-kind contributions as described in Section 3 above. 5. Term. The term of this MOU shall commence as of the Effective Date and continue in effect through the FY that ends June 30, 2025 (the Term ). 6. Amendments. Any amendment to this MOU must be made in writing and signed by the Parties. 7. Miscellaneous. This MOU shall be governed in all respects by the laws of the Commonwealth of Virginia. The sections, paragraphs, sentences, clauses and phrases contained in this MOU are severable, and if any phrase, clause, sentence, paragraph or section of this MOU is declared unconstitutional or otherwise invalid by a valid judgment or decree of a court of competent jurisdiction, such constitutionality or invalidity shall not affect any of the remaining Page 2

4 phrases, clauses, sentences, paragraphs or sections of this MOU. The Parties represent that the persons signing below are authorized to execute this MOU on behalf of said Party. 8. Notice. Any notice, instructions, or direction required or permitted or required by this MOU shall be addressed as follows: To the City: To FVFD: City of Fairfax, Virginia Armstrong Street Fairfax, Virginia Attn: Robert L. Sisson, City Manager Fairfax Volunteer Fire Department 4081 University Drive Fairfax, Virginia Attn: Joe Mellender, President, and David Bryson, Chief, FVFD or to such other address or addresses as shall at any time or from time to time be specified by written notice to the other party. 9. Entire Agreement. This MOU, and any amendment or modification that may hereafter be agreed to in accordance with the provisions herein, constitutes the entire understanding between the Parties with respect to the matters addressed, and supersedes any and all prior understandings and agreements, oral or written, relating hereto. 10. Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. WHEREAS these terms are agreeable to the City and FVFD, and each of the Parties offers its signature as of the date below. [SIGNATURE PAGE FOLLOWS] Page 3

5 THE CITY OF FAIRFAX, VIRGINIA, a Virginia municipal corporation: Robert L. Sisson City Manager Date ATTEST: _ City Clerk Approved as to form: City Attorney FAIRFAX VOLUNTEER FIRE DEPARTMENT, INC. a Virginia corporation By: _ Name: Joe Mellender Title: President Date \MOU_City_FVFD_ _V04 Page 4

6 RESOLUTION NO. BE IT RESOLVED, by the City Council of the City of Fairfax, Virginia that the following resolution is made: WHEREAS, the City and FVFD have a long history of mutual cooperation in support of delivering fire and emergency medical services to the residents of the City and surrounding areas; and WHEREAS, FVFD has historically utilized funds raised from public and other contributions, including state funding, as well as proceeds from bingo operations, together with City general fund support (including a portion of the revenue received by the City from billing insurance companies for ambulance transport) to fund its operations; and WHEREAS, the FVFD s current funding sources and current funding structure are limited, offer limited growth opportunities, and are projected to be insufficient to fully fund the requirements for FVFD apparatus acquisition and capital improvements to FVFD facilities in future years, absent significant additional City direct financial and/or other contributions; and WHEREAS, it is the City s intention to continue its support of FVFD and its mission at a level which maintains or improves the overall effectiveness and/or quality of service, facilities and equipment provided to and with the City s professional fire department; and WHEREAS, the City and FVFD have been actively working to develop an alternative framework to ensure the continued long term success and viability of the FVFD and the continuation of the effective partnership between the two organizations, and working toward efficiencies of operation, and this MOU is the result of those discussions. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax, Virginia that the City Manager is hereby authorized to execute a MOU between the City of Fairfax and the City of Fairfax Volunteer Fire Department, provided that the MOU and any amendments are acceptable to the City Manager and approved as to form by the City Attorney. Adopted: ATTEST: Mayor City Clerk Vote: Councilman DeMarco Councilmember Loftus Councilman Greenfield Councilman Meyer Councilmember Schmidt Councilmember Miller

7 SAMPLE MOTION I MOVE TO APPROVE A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FAIRFAX AND THE CITY OF FAIRFAX VOLUNTEER FIRE DEPARTMENT, PROVIDED THAT THE MEMORANDUM OF UNDERSTANDING AND ANY AMENDMENTS ARE ACCEPTABLE TO THE CITY MANAGER AND APPROVED AS TO FORM BY THE CITY ATTORNEY.