2008-11-11 Resolution Blair Fire Department Funds
RESOLUTION 2008 - 40
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska, has been presented with an Agreement between
the City of Blair, Nebraska, and Blair Volunteer Fire Department pursuant to Nebraska Statute
S35-901 et.seq., a copy of said Agreement being attached hereto, marked Exhibit "A" and
incorporated by this reference herein; and,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that the Interlocal Agreement attached hereto, marked
Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby
approved by the City of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE
CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the
City of Blair, Nebraska, any documents that may be necessary for approval of said agreement.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER F ANOELE.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, CHRISTIANSEN, WOLFF, ABBOTT AND BIFFAR VOTING "AYE", AND
COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AD ADOPTED THIS 11 TH DAY OF NOVEMBER,
2008.
CITY OF BLAIR, NEBRASKA
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Ji M S E. REALPH, MAYOR
ATTEST:
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BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution
was passed and adopted at a regular meeting of the Mayor and City Council of said City held on
the 11 th day of November, 2008. 2/J j_ / /I ,1/' I'),
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BRENDA R. WHEELER, CITY CLERK
AGREEMENT BETWEEN THE CITY OF BLAIR AND THE BLAIR VOLUNTEER FIRE AND
RESCUE DEPARTMENT
1. The City of Blair (hereafter City) acknowledges that it will enter into an inter-local
agreement with the Blair Rural Fire District recognizing that all funds derived and
collected as a result of use by the Blair Volunteer Fire and Rescue Department
(hereafter Department) of equipment owned by the Blair Rural Fire District for uses as
set forth by 935-901 et.seq. shall be funds of the City and shall be budgeted and
expended pursuant to City policies and procedures as mandated by the Nebraska
Budget Act.
2. The City and Department agree to the following:
a.) Blair Fire & Rescue Volunteers are and shall remain a subdivision of the City and also
serve as members of the Blair Rural Fire District pursuant to the City of Blair ordinances
and Nebraska State statutes which create a Volunteer Fire and Rescue Department.
b.) Pursuant to the Nebraska Attorney General]s Opinion concerning LB 1096 dated June
16] 2008 which indicates that the funds generated prior to July 17] 2008 pursuant to
935-901(4)(b)(i] ii] iii) shall remain the funds of the Department] provided] that there is
not a successful challenge to the Nebraska Attorney General]s Opinion] dated June 16]
2008] or the Nebraska Court of Appeals and/or the Nebraska Supreme Court or the
Nebraska Legislature does not overturn said Opinion. If the Legislature or any Court
overturns the Attorney General]s Opinion the City reserves the right to obtain an audit
and comply with Nebraska law. The City further agrees that the Department may use] at
its own discretion] funds received for all rescue calls performed prior to July 17] 2008]
regardless of when the funds are collected] to satisfy any and all obligations] as they
deem necessary] under the Departmenfs current retention and recruitment program.
c.) Pursuant to LB1096 all monies collected by the Department as Ilgeneral donationsll
or contributions] requests] or annuities made to the Department and all money raised
by and for the Department shall be deposited in a trust fund. The trust fund shall be
under the control of the Department and the Department may make expenditures from
the trust fund as it deems necessary. The treasurer for the Department shall be the
custodian of the trust fund] all provisions applicable to Neb. Rev. Stat. 935-901 for the
trust fund shall apply. The Department shall notify the City in writing no later than 90
days following the close of each fiscal year] with fiscal year being October 1 to
September 30 of each year] if the combination of expenditures and receipts for the trust
fund exceeds $100]000 during the fiscal year] as set forth in 935-901(4)(aL so that the
City can determine whether it shall be necessary to audit the trust fund.
d.) All public funds collected pursuant to LB1096 935-901(4)(b) shall be deposited in a
checking account under the control of the City Treasurer and all expenditures of those
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public funds as defined in the Nebraska Budget Act shall be submitted as claims and
approved by the City] and published as required by law pursuant to 935-901(6). Further]
the parties acknowledge that any receipts from the rental of any City owned facilities as
of July 17] 2008 are public funds as set forth in 935-901(4)(b)(i] ii] iii) and shall be
remitted to City Treasurer for deposit into the Department enterprise fund account
established under section 2(e) of this agreement. The City and Department agree that]
according to Nebraska statute] the funds in an enterprise fund are city general funds] to
be managed pursuant to this agreement and Nebraska statute.
e.) The City shall establish a Department enterprise fund account to manage all funds
collected pursuant to 935-901(4)(b)(i] ii] iii).
f.) The City agrees to allow only those claims approved by the Departmenfs authorized
representatives to be paid from the enterprise fund account established above.
Further] the parties acknowledge that the City will not use the money contained in the
Department enterprise fund account for general expenses of the City.
g.) It is agreed that the Department may make claims against the Department enterprise
fund account established under section 2(e) of this agreement for the following:
training] rescue squad supplies] equipment] rescue squad vehicle replacement] and
volunteer responders recruitment and retention program per 935-901(8).
h.) The Department shall negotiate any necessary agreement(s) with a qualified medical
billing company] including any fees to be paid to the billing company and the schedule
of fees to be charged for services rendered. The Blair City Council shall review and
approve the rescue squad fee schedule on at least an annual basis as well as any
changes to the fee schedule per 935-901(8).
L) The Department shall submit all rescue squad call billing statements directly to the
billing company approved by the Department relating to rescue squad services in order
to preserve confidentiality of any medical records and/or information.
j.) The billing company shall remit all funds for rescue calls performed as of July 17] 2008
directly to the City Treasurer for deposit in the Department enterprise fund account as
set forth in 2(e) above.
k.) All other receipts for use of City equipment and/or facilities as of July 17] 2008 shall
be remitted to City Treasurer for deposit into the Department enterprise fund account
as set forth in 2(e) above.
I.) The City shall establish a volunteer emergency responders recruitment and retention
program pursuant to the Nebraska Volunteer Emergency Responders Recruitment and
Retention Act (935-1301 through 35-1330). The City will use funds from the Department
enterprise fund account established in section 2(e) to fund retention and recruitment
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program as directed by the Department. The City shall not be obligated to use any other
funds for the retention and recruitment program other than those funds contained in
the Department enterprise fund account.
m.) Annually] on or before Dec. 15\ the City will notify the Department as to the balance
available from the previous fiscal year that is available for major purchases] layaway for
squad replacement] and disbursement to volunteers under the volunteer emergency
responders recruitment and retention act.
n.) Annually] on or before Dec. 20th] the Department shall submit a list to the City
Treasurer of those volunteers that have qualified for participation in the Departmenfs
emergency responders recruitment and retention benefit program for that year and the
amount to be deposited into each account up to the amount of funds available and/or
the maximum amount allowed by Nebraska Statute for each individual. The City
Treasurer shall make the deposit into the qualified volunteer]s individual account by Jan.
1st of each year.
0.) The Department shall be responsible for all record keeping and eligibility
requirements under the Departmenfs volunteer emergency responders recruitment
and retention program.
p.) In return for the City agreeing to dedicate all funds received from those funds as set
forth in 935-901(4)(b)(i] ii] iiiL the Department agrees that the Department will be
responsible for all rescue squad expenses and squad replacement from the Department
enterprise fund account as historically implemented] unless agreed to by both parties
through written amendment to this agreement.
q.) This agreement shall be automatically renewed each year on January 1st for an
additional year] and may be terminated by either party with 240 days prior written
notice.
BLAIR VOLUNTEER FIRE
AND RESCUE DEPARTMENT
CITY OF BLAIR
.v'"
BVS
Authorized Representati
Blair Volunteer Fire
Rescue Department
B~__ ~
Ja s R alph] M~yor
City of Blair
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ATTEST:
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Liz ~ i l~<<-G~l/~.
-
BRENDA R. WHEELER] CITY CLERK
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me by James Realph] Mayor of the City of
Blair on NOV{:11lc~f( II ] 2008.
I~~ iA~7LL D; L6lJ lijjLtA-
Notary Public
'ERAL NOTARY. Stale of NebraIlIIa
V-ATi-lERINE D. LOU
, Comm. Exp. June 17, 201
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
The foregoing iqstrument was acknowledged before me by
DO\. Vi kkn, (Ii ~jJ ] Authorized Representative of the Blair Volunteer Fire
.
and Rescue Department on l\)c)"c.mher 1/ ] 2008.
hfJJ/wJUv. fj U'tf~
Notary Public
ERAL NOTARY. Stale of NebraIlIIa
KATHERINE D. LOUDNE
M Comm. Exp. June 17 2012
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