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HomeMy WebLinkAboutOrdinance 45810 ORDINANCE No. 4561 AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN WASHINGTON COUNTY, ARKANSAS, AND THE CITY OF FAYETTEVILLE, ARKANSAS, CONCERNING THE EXPENDITURE OF FUNDS RECEIVED FROM THE ARKANSAS DEPARTMENT OF EMERGENCY MANAGEMENT AND THE DISPOSITION OF VARIOUS ITEMS OF EMERGENCY EQUIPMENT PURCHASED WITH SUCH FUNDS WHEREAS, a grant has been awarded by the Arkansas Department of Emergency Management which has been or will be used to purchase various items of emergency equipment for the sum of $150,000.00 (FY 03, Parts 1 & 2); and WHEREAS, the parties have agreed to the expenditure of funds and custody of property purchased with such; and WHEREAS, the City of Fayetteville and the County of Washington are empowered to enter into an interlocal agreement by A.C.A. §14-14-910. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Interlocal Agreement Between Washington County, Arkansas and the City of Fayetteville, Arkansas Concerning the Expenditure of Funds from the Arkansas Department of Emergency Management, attached as Exhibit A and authorizes the Mayor to execute this contract. PASSED and APPROVED this 151h day of June, 2004. APPROVED: �O.'oG��': �a • FAYETTEVILLE; = By: :>? ATTEST: By: 2� G�72 SONDRA SMITH, City Clerk INTERLOCAL AGREEMENT BETWEEN WASHINGTON COUNTY, ARKANSAS, AND THE CITY OF FAYETTEVILLE, ARKANSAS, CONCERNING THE EXPENDITURE OF FUNDS FROM THE ARKANSAS DEPARTMENT OF EMERGENCY MANAGEMENT AND THE DISPOSITION OF VARIOUS ITEMS OF EMERGENCY EQUIPMENT PURCHASED WITH SUCH WHEREAS, a grant has been awarded by the Arkansas Department of Emergency Management which has been or will be used to purchase various items of emergency equipment for the sum of $150,000 (FY 03, Parts 1 & 2); and, WHEREAS, the parties desire to enter into an agreement as to the expenditure of these funds and the custody of the property purchased. NOW, THEREFORE, IT IS AGREED: 1. Upon approval of the Arkansas Department of Emergency Management, various items of emergency equipment shall be made available to the Fayetteville Fire Department through the Washington County Department of Emergency Management in accordance with the specifications of the Arkansas Department of Emergency Management. 2. All reports, requests for expenditures, and other documentation shall be made by the Fayetteville Fire Department through the Washington County Department of Emergency Management. All equipment purchased will be placed on the County inventory and noted where such has been placed. 3. It is the understanding of the parties that the duration of this agreement shall be for a period of 5 years from the date of expenditure of any funds, at which time any property so obtained will become the property of the City of Fayetteville to be used and disposed of in accordance with law. 4. In accordance with Ark. Code Ann. 14-14-901, this agreement shall be approved by the governing bodies of the respective parties; furthermore, in the event either party desires to withdraw from this agreement, six (6) months written notice shall be required. If any vehicle, trailer, or other item required to be titled under Arkansas law is included in said emergency equipment then the County shall insure such and bill the City for such. All other equipment will be insured by the City. WASHINGTON COUNTY ARKANSAS CITY OF FAYETTEVILLE, ARKANSAS BY: -1BY RRY UNTON, County Judge NAME OF FILE: Ordinance No. 4581 CROSS REFERENCE: Item # Date Document 1 06/15/04 lOrd. 4581 w/Interlocal Agreement 2 05/21/04 memo to the mayor and city council draft ordinance copy of statute draft ordinance Wash. Co. letter copy of Wash. Co. Ord. No. 2004-29 draft proposed agreement staff review form NOTES: CITY COUNCIL AGENDA MEMO To: Mayor and City Council From: Chris Bosch, Fire Chief Date: May 21, 2004 p,eD �1_*r)4Cq l '� r�'"`"�/ City Council Meeting of June 15, 200 a Subject: Approval of an Ordinance establishing an inter -local agreement between the City of Fayetteville and Washington County, for the purchase of equipment under the guidelines of a State Dept. of Emergency Management Grant awarded to Washington County. RECOMMENDATION The Fire Department recommends approval of the requested ordinance. BACKGROUND Recently, Washington County Department of Emergency Management applied for a $150,000 grant through the Arkansas Department of Emergency Management. The U. S. Department of Homeland Security's Federal Emergency Management Agency earmarked these funds for the purchase of equipment for local fire departments to enhance disaster planning, response, mitigation and recovery efforts. The State Department of Emergency Management disburses these funds to the County Emergency Managers for the purchase of equipment. The County Emergency Manager meet with the local fire departments, collects information regarding equipment needs, then purchased the equipment from vendors on the approved vendor's list. Once the County received the equipment, they distributed it to municipal and rural fire departments to ensure consistency in response capabilities. This procurement process requires the establishment of an Inter -local agreement between Washington County and the City of Fayetteville. This agreement identifies the guidelines of the grant and requires the County to maintain all inventory records and other documentation related to the grant process, for a five-year period. Once this five-year period expires, the City of Fayetteville then takes ownership of this equipment and agrees to place it on the Fire Department's inventory log. Either party can terminate this agreement at any time, with six-month written notice. BUDGETIMPACT This ordinance requires no budget transaction and therefore has not immediate budget impact. 414ty ORDINANCE NO. 4581 AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN WASHINGTON COUNTY, ARKANSAS, AND THE CITY OF FAYETTEVILLE, ARKANSAS, CONCERNING THE EXPENDITURE OF FUNDS RECEIVED FROM THE ARKANSAS DEPARTMENT OF EMERGENCY MANAGEMENT AND THE DISPOSITION OF VARIOUS ITEMS OF EMERGENCY EQUIPMENT PURCHASED WITH SUCH FUNDS WHEREAS, a grant has been awarded by the Arkansas Department of Emergency Management which has been or will be used to purchase various items of emergency equipment for the sum of $150,000.00 (FY 03, Parts 1 & 2); and WHEREAS, the parties have agreed to the expenditure of funds and custody of property purchased with such; and WHEREAS, the City of Fayetteville and the County of Washington are empowered to enter into an interlocal agreement by A.C.A. §25-20-101 et. seq. after its approval by the Attorney General. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Interlocal Agreement Between Washington County, Arkansas and the City of Fayetteville, Arkansas Concerning the Expenditure of Funds from the Arkansas Department of Emergency Management, attached as Exhibit A and authorizes the Mayor to execute this contract. PASSED and APPROVED this 15`s day of June, 2004. By: ATTEST: By: SONDRA SMITH, City Clerk APPROVED: DAN COODY, Mayor waymboCRmS. ' 3RRSpOpm `ro<''1ry°p-mn5O7i .9SPCt0'-]• 'nop�cry�7*,.,�miab�moowry, �wRmpaS'"m��0.RSi tiFmmxwm' '.pcnmPnP<°:%wmR,''pmopPryOc �"m3 "mm�0.0.' p.pry�+ Q•' m'a...CromSryppm5• b�m m 5F6'w`m'm`wc�ciJ£RR.,'.�'`m'ypn`• '�',pryKp 'pp�mm�vc�n. oR»mo...:roP?f ' '.w. 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AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN WASHINGTON COUNTY, ARKANSAS, AND THE CITY OF FAYETTEVILLE, ARKANSAS, CONCERNING THE EXPENDITURE OF FUNDS RECEIVED FROM THE ARKANSAS DEPARTMENT OF EMERGENCY MANAGEMENT AND THE DISPOSITION OF VARIOUS ITEMS OF EMERGENCY EQUIPMENT PURCHASED WITH SUCH FUNDS WHEREAS, a grant has been awarded by the Arkansas Department of Emergency Management which has been or will be used to purchase various items of emergency equipment for the sum of $150,000.00 (FY 03, Parts 1 & 2); and WHEREAS, the parties have agreed to the expenditure of funds and custody of property purchased with such; and WHEREAS, the City of Fayetteville and the County of Washington are empowered to enter into an interlocal agreement by A.C.A. §25-20-101 et. seq. after its approval by the Attorney General. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Interlocal Agreement Between Washington County, Arkansas and the City of Fayetteville, Arkansas Concerning the Expenditure of Funds from the Arkansas Department of Emergency Management, attached as Exhibit A and authorizes the Mayor to execute this contract. PASSED and APPROVED this 151h day of June, 2004. ATTEST: By: SONDRA SMITH, City Clerk By: APPROVED: DAN COODY, Mayor JERRY HUNTON County Judge County Courthouse May 17, 2004 Mayor Dan Coody City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 280 North College. Suite 500 Fayetteville, AR 72701 RECEIVED MAY 2 U 2004 CITY OF FAYETTEVILLE MAYOR'S OFFICE RE: Interlocal Agreement between Washington County and the City of Fayetteville Concerning the Expenditure of Funds Received from the Arkansas Department of Emergency Management Dear Mayor: Please find enclosed County Ordinance No. 2004-29 adopted by the Washington County Quorum Court this past week on May 13 approving an interlocal agreement between Washington County and the City of Fayetteville concerning the expenditure of funds received from the Arkansas Department of Emergency Management. The City of Fayetteville will need to also adopt an ordinance approving the agreement. I am enclosing two copies of the interlocal agreement, both signed by Judge Hunton. Please return one of the agreements to me once you have signed it along with a copy of the Council's ordinance when adopted. Please do not hesitate to contact me if you have any questions. Sincerely, au Karen M. Beeks Quorum Court Coordinator/Recorder County Judge's Office /kb Encls (3) Telephone: 479 / 444-1700 • FAX: 479 / 444-1889 I • ORDINANCE NO. 2004-29 N 3 0 o i t r- BE IT ORDAINED BY THE QUORUM COURT 3 c A OF THE COUNTY OF WASHINGTON, p o y r• STATE OF ARKANSAS, AN ORDINANCE m = TO BE ENTITLED: ?K 0 AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN WASHINGTON COUNTY, ARKANSAS, AND THE CITY OF FAYETTEVILLE, ARKANSAS, CONCERNING THE EXPENDITURE OF FUNDS RECEIVED FROM THE ARKANSAS DEPARTMENT OF EMERGENCY MANAGEMENT AND THE DISPOSITION OF VARIOUS ITEMS OF EMERGENCY EQUIPMENT PURCHASED WITH SUCH. WHEREAS, a grant has been awarded by the Arkansas Department of Emergency Management which has been or will be used to purchase various items of emergency equipment for the sum of $150,000 (FY 03, Parts 1 & 2); and, WHEREAS, the parties have agreed as to the expenditure of funds and custody of property purchased with such. NOW, THEREFORE, BE IT ORDAINED BY THE QUORUM COURT OF THE COUNTY OF WASHINGTON, STATE OF ARKANSAS: ARTICLE 1. Said Interlocal Agreement should be and hereby is approved and adopted, and the County Judge is authorized to sign said agreement. JERR"UNTON,Judge COMBSKAREN -• , County Clerk Sponsor: Kurt Anderson Date of Passage: May 13, 2004 Votes For: 12 Votes Against: 0 Abstentions: 0 Absent: 1 ,57 i c/%o t4 DATE E INTERLOCAL AGREEMENT BETWEEN WASHINGTON COUNTY, ARKANSAS, AND THE CITY OF FAYETTEVILLE, ARKANSAS, CONCERNING THE EXPENDITURE OF FUNDS FROM THE ARKANSAS DEPARTMENT OF EMERGENCY MANAGEMENT AND THE DISPOSITION OF VARIOUS ITEMS OF EMERGENCY EQUIPMENT PURCHASED WITH SUCH WHEREAS, a grant has been awarded by the Arkansas Department of Emergency Management which has been or will be used to purchase various items of emergency equipment for the sum of $150,000 (FY 03, Parts 1 & 2); and, WHEREAS, the parties desire to enter into an agreement as to the expenditure of these funds and the custody of the property purchased. NOW, THEREFORE, IT IS AGREED: 1. Upon approval of the Arkansas Department of Emergency Management, various items of emergency equipment shall be made available to the Fayetteville Fire Department through the Washington County Department of Emergency Management in accordance with the specifications of the Arkansas Department of Emergency Management. 2. All reports, requests for expenditures, and other documentation shall be made by the Fayetteville Fire Department through the Washington County Department of Emergency Management. All equipment purchased will be placed on the County inventory and noted where such has been placed. 3. It is the understanding of the parties that the duration of this agreement shall be for a period of 5 years from the date of expenditure of any funds, at which time any property so obtained will become the property of the City of Fayetteville to be used and disposed of in accordance with law. 4. In accordance with Ark. Code Ann. 14-14-901, this agreement shall be approved by the governing bodies of the respective parties; furthermore, in the event either party desires to withdraw from this agreement, six (6) months written notice shall be required. If any vehicle, trailer, or other item required to be titled under Arkansas law is included in said emergency equipment then the County shall insure such and bill the City for such. All other equipment will be insured by the City. WASHINGTON COUNTY ARKANSAS BY: � RRY UNTON, County Judge CITY OF FAYETTEVILLE, ARKANSAS BY: DAN COODY, Mayor STAFF REVS FORM - NON -FINANCIAL OBLIGA90N X AGENDA REQUEST For the Fayetteville City Council Meeting of: June 15, 2004 Chris Bosch Fire Administration Fire Name Division Department ACTION REQUIRED: Approval of an Ordinance allowing the City of Fayetteville to enter into an inter -local agreement between the City of Fayetteville and Washington County. This ordinance, in conjunction with the attached County Ordinance, will allow for the expenditure of funds received by the County, from the State Dept. of Emergency Management. SUMMARY EXPLANATION: This ordinance will allow the City of Fayetteville to enter into an inter -local agreement with Washington County. The agreement gives the County the ability to expend grant funds received from the State Department of Emergency Management, for radio equipment to be used during County -wide disaster operations. This five-year agreement provides for the disbursement of equipment only, with no funds transfers between the City and County. When the agreement expires the City of Fayetteville will retain ownership of all equipment provided under the guidelines of this grant. STAFF RECO*!]ENDATION: Staff recommends approval of the Ordinance. Division Head Date S/?S/oy Cit orney Date C, i32-4��7 3'/a Depar ent Direct Date Finance 6 Internal services/Dir. Date f l� Chief d2iminiftrative Officer Dater' Mayor Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Yes s ?, /4 vv Date {F No From: Clarice Pearman To: Williams, Kit Subject: Interlocal Agreement An ordinance was passed by Council June 15, 2004 to approve an interlocal agreement with Washington County. I have a note to hold this ordinance until an AG's opinion was received. This is just a reminder that I'm waiting for this opinion to continue processing this ordinance. Thanks. From: Kit Williams To: Pearman, Clarice Date: 7/9/04 5:07PM Subject: Re: Interlocal Agreement I finally received a letter from the AG that he had received my request. However, I am still waiting for a reply. >>> Clarice Pearman 07/09/04 12:40PM >>> An ordinance was passed by Council June 15, 2004 to approve an interlocal agreement with Washington County. I have a note to hold this ordinance until an AG's opinion was received. This is just a reminder that I'm waiting for this opinion to continue processing this ordinance. Thanks. Clarice Pearman - Re: From: Clarice Pearman To: Williams, Kit Subject: Re: Interlocal Agreement I figured you were still waiting but I needed to follow up. If you wouldn't mind may I get a copy of that letter to go with the resolution so I'll know what's happening if someone wants to know. Thanks. FAYETTEALLE • THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575.8323 DEPARTMENTAL CORRESPONDENCE To: Chris Bosch Fire Department From: Clarice Buffalohead-Pearmanv City Clerk Division Date: July 28, 2004 Re: Ordinance No. 4581 The City Council passed an ordinance, June 15, 2004, approving an Interlocal Agreement with Washington County. I have been holding this ordinance and agreement until receipt of the letter of approval of the agreement from the Attorney General's office per Kit Williams', City Attorney, instructions. I have now attached a copy of the ordinance and a copy of the agreement. The ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor