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Consider approving Resolution No. 2014-117 approving an Interlocal Agreement with the Town of Addison, City of Carrollton, City of Coppell, and North Texas Emergency Communications Center, Inc. ("NTECC") relating to operations and funding of the NTECC Consolidated Public Safety Communications Center and take appropriate action.
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BACKGROUND:
Earlier this year, the cities of Addison, Carrollton, Coppell and Farmers Branch ("the Cities") jointly created North Texas Emergency Communications Center, Inc. ("NTECC") to own and operate on behalf of the Cities a consolidated public safety communications and dispatch center. However, because NTECC has no taxing authority or other source or revenue from third parties to provide funds to pay for its operations, NTECC must rely upon funding from the Cities to pay for the personnel, equipment, lease space, etc, necessary to operate NTECC. In order to establish the terms and conditions pursuant to which such funding will be provided, NTECC and the Cities need an agreement which sets forth NTECC's obligations with respect to the services to be provided to the Cities, the Cities obligations to pay NTECC for those services, and the Cities agreement with each other on how those costs shall be allocated among the Cities.
DISCUSSION:
The NTECC Board of Directors, members of which are the city managers of the Cities, have prepared and approved an interlocal cooperation agreement which it proposes be entered into by NTECC and the Cities. The proposed agreement provides for the requirements for funding of NTECC, budget approval process (to the extent not covered by NTECC's bylaws, operational and organizational requirements which are not covered by NTECC's by-laws, and other appropriate matters. The primary terms of the proposed agreement are as follows:
Initial Term: Twenty (20) year initial term, with annual renewals thereafter
Cost Allocation for Public Safety Communications Service: Provides for allocation amongst the Cities for the first partial and first three full Fiscal Years using the allocation in the business plan presented to the City Council prior to deciding to proceed with this project, which is as follows:
Addison 19%
Carrollton 36%
Coppell 21%
Farmers Branch 24%
Beginning with the fourth complete Fiscal Year, the cost sharing will be adjusted based on "Workflow Measures" for the three prior calendar years. "Workflow Measures" are based on various factors that go into determining the extent of use by each City of the NTECC dispatch center services. These factors were reviewed and approved by a committee of the chiefs of the police and fire departments of each City prior to approval by the NTECC Board.
Cost Allocation for Radio System Services: The responsibility for operation and maintenance of the shared components of the joint radio system which is presently being installed under the contract with Harris Corporation will eventually shift to NTECC. The proposed agreement provides for division of these costs based on the division of ownership of the Radio System by the Cities which, pursuant to a separate interlocal agreement, is:
Addison 1/6
Carrollton 1/2
Coppell 1/6
Farmers Branch 1/6
Cost Allocation for Denco Area 9-1-1 PSAP Agreement: NTECC has selected the Denco Area 9-1-1 District to provide E9-1-1 services through the NTECC center. Except for certain expenses allocated based on the population of each of the Cities, the expenses will be allocated in the same manner as other expenses other than Radio System expenses. Because Carrollton residents and telephone customers already pay a fee to fund Denco Area 9-1-1 operations and capital costs, certain expenses incurred by Denco Area 9-1-1 which are funded in part through the 9-1-1 fees collected by Denco Area 9-1-1 will be allocated only to the other three cities. Allocations in such instances will be based on percentage of population of each of Addison, Coppell, and Farmers Branch in relation to the combined population of all three cities. To include Carrollton in such costs would result in a double payment by Carrollton residents for Denco Area 9-1-1 services.
Early Withdrawal: A city wishing to withdraw must provide two years' notice, the withdrawal must be at end of a fiscal year, and the withdrawing city must pay everything due through the end of the fiscal year prior to the effective date of withdrawing. The withdrawing city gets no right to distribution of any assets from NTECC and, though it remains an owner, can receive no services from NTECC unless paying into the budget. Only on dissolution of NTECC will the withdrawing city be able obtain any share of the assets, and only after any rightful offset by the non-withdrawing cities.
Employees: The agreement provides for NTECC to hire the Cities' existing dispatch employees, provided that the employee accepts the position within five (5) business days after it is offered. NTECC sets the wages and benefits of the employees, the NTECC Executive Director shall have the sole discretion to determine the person's job assignment, and the person will be subject to NTECC's personnel policies, including those relating to promotion, discipline, and termination.
The NTECC Board of Directors approved the proposed agreement at its meeting on December 4, 2014. On December 9, 2014, the city councils of Addison, Carrollton, and Coppell, respectively, approved the agreement as presented.
RECOMMENDATION:
Recommended motion by City Administration to approve Resolution No. 2014-117 approving an Interlocal Agreement with the Town of Addison, City of Carrollton, City of Coppell, and North Texas Emergency Communications Center, Inc. ("NTECC") relating to operations and funding of the NTECC Consolidated Public Safety Communications Center.
ATTACHMENTS:
1. Resolution No. 2014-117
2. NTECC Operations Agreement