City of Fairfax, Virginia City Council Regular Meeting
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1 City of Fairfax, Virginia City Council Regular Meeting Agenda Item # City Council Meeting 7f 9/26/2017 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Robert Sisson, City Manager Introduction of a supplemental appropriation resolution in the amount of $1,000,000 to purchase a Foam Engine Fire Truck. ISSUE(S): Whether to approve a supplemental appropriation resolution in the amount of $1,000,000 to allow for the purchase of a Foam Engine Fire Truck. SUMMARY: October 2015 the City Council authorized the execution of a Memorandum of Understanding (MOU) between the City of Fairfax (City) and the City of Fairfax Volunteer Fire Department (FVFD). The MOU provides a financial and administrative plan further strengthening mutual cooperation in support of delivering fire and emergency medical services to the residents of the City and surrounding areas. The current MOU also reaffirms and provides structure to the long standing joint effort between the City and the FVFD to improve overall operations and cost efficiencies. For example, the City is able to negotiate (substantially) more favorable loan terms than the FVFD when financing vehicle and equipment purchases. The City s financing of a fire truck on behalf of the FVFD in October 2015 saved about $200,000 in financing costs. Cost savings and operational improvements realized by the FVFD directly benefit the City. Whereas the FVFD has contracted to purchase a fire truck (to be delivered in October) to replace an aging foam engine fire truck, which has exceeded its useful life, City staff and the FVFD recommend the City finance the fire truck (approximate $1,000,000 borrowing). City financing of the foam engine fire truck will result in an estimated $100,000+ savings in finance costs over the life (8 years) of the borrowing. FISCAL IMPACT: No fiscal impact in FY 2018, the first debt service payment will occur in FY Estimated saving over the life of the loan in excess of $100,000. RECOMMENDATION: RESPONSIBLE STAFF: COORDINATION: ATTACHMENTS: Introduce the appropriation resolution, waive the first reading and set the public hearing for October 10, David Hodgkins, Assistant City Manager/Director of Finance, John O Neal, Fire Chief, Bryan Sullivan, President FVFD Financial Advisors, Bond Counsel Resolution, Memorandum of Understanding, Purchase Agreement, Sample Motion
2 RESOLUTION NO. BE IT RESOLVED, by the City Council of the City of Fairfax, Virginia, that the following appropriation is made for the twelve (12) month period beginning July 1, 2017, and ending June 30, 2018: Capital Projects Fund Account Number Account Name Amount Foam Engine Fire Truck $1,000,000 Introduced: Adopted: Mayor ATTEST: City Clerk The vote on the motion to approve was recorded as follows: VOTE: M. DeMarco J. Passey J. Greenfield J. Miller E. Schmidt J. Stehle
3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FAIRFAX, VIRGINIA AND FAIRFAX VOLUNTEER FIRE DEPARTMENT, INC. This Memorandum of Understanding (this " MOU") is made this 2nd day of March 2016, 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 utilized with the City of Fairfax Fire Department ( CFFD) ; 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: 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 or required by the City' s budget calendar) to review FVFD financial results and 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. updated projections. 3. Enenditure/Revenue Off -Set Categories. The Parties agree that the following four (4) categories shall form the basis of the MOU between the Parties moving forward ( collectively, the Page 1
4 Areas of Mutual Interest"): ( capital i) fire and emergency vehicle purchase and financing; ( ii) FVFD facility improvements/ expenses; ( iii) FVFD 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 related 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). Specifically: a) With regard to fire and emergency vehicle purchase and financing ( i), the Parties agree to work cooperatively to ensure the most cost effective method( s) for acquiring vehicles, although the decision regarding any vehicle -needs will continue to be made by FVFD utilizing its normal vehicle acquisition 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 will be transferred to the FVFD provided said debt has been satisfied and the obligor has released title to the City. b) With regard to FVFD facility capital improvements/ expenses, and FVFD facility repairs and ii and iii), the Parties agree to work together cooperatively to identify the maintenance ( combined department ( CFFD and FVFD) needs and to determine the best methods for 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 maximizing operating efficiencies. 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"). Given that the intent of this MOU ( cash and in-kind support) is to be materially consistent with the intent of the existing MOA (formula -based cash assistance, see paragraph 4 below); if in any year, the Parties reach an impasse after several reasonable and good faith attempts to reach a mutually beneficial decision on the amount allocated for any of the Areas of Mutual Interest noted above; the Parties agree to present the Area of Mutual Interest in dispute to City Council for a final and binding determination. 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. 7. Miscellaneous. Any amendment to this MOU must be made in writing and signed by the Parties. 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, Page 2
5 such constitutionality or invalidity shall not affect any of the remaining 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: Bryan Sullivan, 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
6 THKCRY OF FAIKFAX, VIRGINIA, a it iiia municipal, corporation: Robert L. Sisson City Manager Date ATTEST: AAWO Ci y Clerk Approved as to form: City Attorney _. FAIRFAX VOLUNTEER FIRE DEPARTMENT, INC. a Virginia corporation B N B an ullivan Date Title: Pr side t WOU City_FVFD_ _ V06 Page 4
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31 SAMPLE MOTION I MOVE TO INTRODUCE A SUPPLEMENTAL APPROPRIATION RESOLUTION IN THE AMOUNT OF $1,000,000 TO FUND THE PURCHASE OF A FOAM ENGINE FIRE TRUCK. I FURTHER MOVE TO WAIVE THE FIRST READING AND SET THE PUBLIC HEARING FOR OCTOBER 10, 2017.
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