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HomeMy WebLinkAboutResolution 2933r4. "i A Resolution No <~~~`~ AUTHORIZING THE MEMBERSHIP OF THE CITY 1N THE METROPLEX ELECTRICAL LICENSING AGENCY AND THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT WHEREAS, the City of Fort Worth believes it is m the best interest of its residents to further the advancement of the licensing of electricians to perform work in the City to ensure the health and welfare of its citizens; and WHEREAS, each city in the DallaslFort Worth Metroplex area issues and renews its own electrical licenses for licensed electricians to perform services within that~urisdiction, and WHEREAS, Section 791 001 et. sec of the Texas Revised Civil Statutes, as amended, entitled the `The Interlocal Cooperation Act" authorizes local governmental entities to enter into contractual agreements to perform governmental functions and services m order to increase their efficiency and effectiveness, and WHEREAS, rt is the desire of Fort Worth and other surrounding mumcipalrties to establish a • regional electrical licensing agency to issue electrical licenses to qualified and licensed electricians performing work m the Dallas/Fort Worth Metroplex area m order to avoid the duplication of expenses and to conserve and coordinate the use of public funds, and WHEREAS, the Metroplex Electrical Licensing Agency (MELA) was created by local governments to coordinate and facilitate the cooperative development and operation of a regional electrical licensing agency and WHEREAS, each city will appoint a voting governmental member to serve on the Metroplex Electrical Licensing Agency Board to oversee the dunes of the Agency and WHEREAS, the North Central Texas Council of Governments will serve as the imtial administrative agent to the Metroplex Electrical Licensing Agency until the Board is established. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT 1 The City of Fort Worth should become a governmental member of the Metroplex Electrical Licensing Agency established for the purpose of issuing regional electrical licenses to qualified and licensed electricians performing work in the Dallas/Fort Worth Metroplex • ~~ ___---- -v-- .~ ~.,. • METROPLEX ELECTRICAL LICENSINGAGENCY INTERLOCAL COOPERATION. CONTRACT Effectrve~ as of the day of 2003 the .undersigned Local Government entity and ali others who execute this agreement, collectively referred' to ~as the Parties, enter into the following interlocal agreement, referred to as ,the `Contract" °' ARTICLE OI~TE ORGANIZATION, POWERS AND DUTIES, 1 01 NAME. The name of. the administrative ,agency created by this Contract is the 'Metroplex Electrical Licensing. Agency referred to m this Contract.as 'MELA. 1 02 MISSION. The administrative agency MELA; is a consortium 'of local .governments formed to plan; coordinate and facilitate the cooperative development and operatron of a regional electrical. licensing agency to enable members to better serve the population of the DallaslFort Worth .Metroplex area of the State of Texas; to further the` mission of. its respective 1Vlembers, to issue, renew and revoke Metroplex Electrical Licenses (MEL), and- to contribute to improved standards for the issuance, renewal and revocation of electrical .licenses ,(the `Mission") 1 03 AUTHORITY. The Parties- enter into this Contract: pursuant to the Tnterlocal Cooperation Act, Government Code, Section '791 0'01 yet sec , ,of the Texas Revised.. Civri Statutes, as amended. The ,Act authorizes, and the Parties agree,. that they can cooperatrvely provide and achieve governmental functions and servrces by coordinating -their efforts through this Interlocal Cooperation Contract, thereby avoiding duplication of expenses, conserving and coordinating the use of public funds; and making -the requirements for obtaining and mamtaimng a Metroplex. Electrical License uniform m the Dallas/Fort Worth Metroplex .area of the State of Texas 1 04 GOVERNMENTAL NEEDS The governmental 'entities which are Parties to this Contract and their ;,public constituents need properly qualified` anal hcense'd electricians. :performing work m their,respective jurisdictions in order to ensure the health and welfare of the citizens The Parties agree that there are valid goverrirnental purposes served by implementing and oper--sting `the'MELA. 1 O5 POWERS OF_ THE AGENCY In addition to and not m derogation of any other power granted by statute, or otherwise MELA shall have the following powers a. To issue renew and revoke Metroplex Electrical Licenses pursuant to standards° and guidelines that rt may from time to time establish Interlocal. Cooperative Contract=Page 1 • J l b- Ut'ihz~, the• services of the• North Central: Texas Council of Governments to ,perform- any or all, of the services that MELA could perform or which are necessary or appropriate to further the Mission of 1VIELA as Its admmi trattve agent; c Apply .for and. receive grants and. other funding from°~ governmental and private sources on 'the same basis as other 'local governmental entities .as defined m Texas Government. Code Subsecttons 791003 (4) (A) and' (B); d. Oversee implementation of and manage 1VIELA and e Perform such other duties and exercise such other,powers as may be necessary or• appropriate to further the Mission of MELA. ARTICLE TWO .MEMBERS 2.01" DOVERNMENTAL MEMBERS. MELA will have Governmental. Members,. which will mI'tially be ~ fhosc Parties signatory` to this Contract. Members must be local governmental entities as defined m Texas Government Code Subsections 7.9I 003 (4) (Aj or (B) Additional Members shall become parties to this Contract'by~execution of an Addendum to-this. Contract. 2.02 AFFILIATE MEMBERS. 1VIELA will'fiave a Glass of Affiliate 1VIembers composed of electrical trade entities and individuals with valid MELA llcenses° Affiliate Members shall. be entitled to voice', but not entitled to vote, on ariy matter Subject to member approval, the Board of Directors niay add additional classes of members as it may deem appropriate 2:03 VOTING BY GOVERNMENTAL MEMBERS' a. Governmental Members shall be entitled •to .one vote on each matter submitted by the Board of Directors 'to a vote of t1ie.Mernbers, and of those matters requiring approval of the Members, as set out m Article Three, Section 3 O1 of this -Contract. A Member's orie vote shall be east by the person serving to the highest executive .and administrattve position m a particular governmental entity or that .person s designated representative (i e the, mayor of a mumclpahty a county~udge for a county or the executive director of ,an organization) collectively referred to as the 'Chief Adrrnri~stratrve Officer" m this Contract. b A majority of the Members shall represent :a .quorum and a majority of those members p"resent at .a meeting at which a quorum is present shall .be -.the act of the Members in deterrriming :the outcome of any matter on which a vote is taken Interlocal Cooperative Contract. -Page 2 ~~ • 2 04 LICENSE. FEES MELA will establish and from time- to time revise- the schedule of license fees to -assure'the financial integrity of the Metroplex ;Electrical Licensing. program 2.05 ,TERMINATION OF MEIVIBERSHIP• 1VIembership privileges may be terminated m two ways a, a decision by .not less than, a seventy~five percent.:(75%) 'vote of the members ,present that a, particular entity's contrnued 1Vlembership Is. not in the best interests of MEI.A; or b .an affirmative action 'by 'a Member to withdraw which, withdrawal shall. be effective immediately upon MELA s receipt of the notice. af'terniination. 2 06 ,EFFECT OF TERMINATION OF MEMBERSHIP: Termination shall. not relieve the Member of any liabihty.to the_1VIELA,that arose or was.~incurred prior to the effective date of the terininarion of membership 2 07 ELECTRICAL LICENSES. Under this contract the .Parties ag"ree to accept electrical licenses as issued by 1VIELA:~ Each governmental member. shall. retain the authority to issue its. own electrical licenses, separate and distinct from MELA, provided that the 'licenses are only applicable within that respective jurisdiction and will not be reciprocated with or~recogmzed by~ any ofher~urisdi_ction. 2 0$ :LOCAL CONTROL. Notwithstanding any other provision of this Contract, each Member shall retain-sole control' of the following:. a. ,Issuance of permits to allow a licensed ,elecfrieian -to -perform services in its jurisdiction, b Insurance and bonding requirements c Adoption and enforcement of local codes and standards d. Business licenses e. ~ Inspection and control of any work site Inteilocal Cooperative Contract Page 3 • ~- ~. • ARTICLE THREE DIRECTORS 3 01 GOVERNANCE. The affairs- of MELA shall" .be ,managed by Its. Board of Directors pro'vaded, however, that the affirmative .action •of the 1VIembershlp as a whole shall be necessary to effectuate each of-the following .matters a. -any new class of Membership b rncreasing or deereasing,the size of the Board of Dlrectors t c .instigating or increasing the dues of 1VIernbers d. .levying •any financial assessment against Merrlbers, e .amending, this Contract or any Bylaws of MELA -and f dissolving MELA 3 02 DUTIES. The Board of Directors shall have `the .duty to .establish and implement the MELA~~which -shall include but not be limited to the following duties Z a. Oversee the activities of NCTCOG as Its administrative agent; b Promote the exchange of services ,and Information. wa~thin the MELA area, c Provide expertise to the MELA. Members d. Review-and ratify reciprocal agreements as negotiated by NCTCOG with prior approval of three (3) Board members e Facilitate the~development of programs and_servlces responsive to the needs-of the MELA area, f Assure .the qualification` for MELA licenses: comply with current and' projected industry standards g. If applicable seek sources of fiindrng for .MELA activities and' apply for grants available to MELA. ' h. As needed; review MELA po`llcies and procedures and make recommeridatlons to • the members to ensure secure, efficient, and continuous service: to the Members Interlocal Cooperative Contract Page 4 ~M~ ~- r Adopt fees for application, issuance and renewal of `MELA licenses and j Perform such other .duties; acid exercise such other `,povwers as may be deemed by the' Board to be necessary or appropriate to carry out the .governmental .purposes of the,MELA which might appropriately .be :performed by MELA as a governmental entity 3 03 NUMBER. The number of Directors, "shall. be not less than. nrne (9) with approximately'2/3. of -the Directors. representing the Governmental Membership and 1/3 representing the Affiliate t Membership° 3 04 ELECTION OF DIRECTORS a. :Directors representing the Governmental Membership shall be elected by the Governmental Members as terms expire or vacancies. occur b In addition to ahe Directors elected. by the Governmental Members, `the Board of (Directors shall appoint Directors representing the Affiliate membership from a pool :of candidates noinrnated by that membership The .Drreetors from 'the Affiliate Membership will have with full- voting rights on the Board. • c Notwithstanding any other provisions of this Contract, NCTCOG shall have 'a representative Director on the Board of Directors. d. If requested, by the Board of Directors, NCTCOG` shall designate a.represeritative to hold an Ex-Officio position on the Board ,of Directors 3 05 QUAL-IFICATIONS OF DIRECTORS. Except for" the 'Directors appointed from the Affiliate membership all Directors shall be the Chief Administrative Officer (or'~ the Chief Administrative Officer's designated .representative) of Governmental Members of MELA. Termination` of Membership for any reason will constitute an automatic• r'esrgnation by any Drrector.or Directors. representing that. Member 3 06 TERMS OF DIRECTORS. The Members. of the Board of Directors shall be elected to serve staggered terms of three (3) year`s, unless elected to fill .the remaining term of a vacant position on the.Board, and except as to the initial D"hectors 3 07 MEETINGS. The Board of Directors shall meet at least four trrhes per year or more often as needed, at such trine and .place as the .Board .may from time-to-tune decide. The Board Chairman or~a simple majority of Directors may call special meetings of the Board of Drreetors • Interlocal Cooperative Contract Page S { ~ • ' .ARTICLE FOUR TERM 4 O1 TERM. This Contract shall continue m force and effectr for a period of five .(5) years from the date of this Contract. and' for successive five (5) year terms thereafter unless sooner terminated, provided, however that in the- event Texas Government Code Section-791-001 (f) requires ~an annual renewal. of this Contract; the Members shall be deemed to have elected to renew the Contract annually on the anniversary date of the Contract unless the Mernbers~ decide to terminate •the Contract by not lessthan a.seventy five percent (75°Io) vote of the Membership 4 02 WITHDRAWAL. Notwithstanding Section 5 O1,- of this Contract, •any Member may withd-raw at any time from this Contract pursuant to Section 2.05 of .this Contract. ARTICLE FIVE GENERAL PROVISIONS _5.01 CONSTRUCTION. This Contract shall 'be construed under and.in accordance with, the laws '.of the State •of Texas, and all obligations of the Members and, 1VIELA created by this Contract are performable m. Denton County Colin County Dallas County Tarrant County Parker County Ellis County Kaufman, County Somervell. County Navarro County; Palo Pinto County Wise County, Er'ath County Hood County Hunt Courify Johnson County; and Rockwall County;. Texas. 5 02 AUTHORIZATION. Each Member- by becoming aparty-signatory to this Contract,; represents and warrants to the other Members that its respective governing body has authorized and approved the Interlocal Cooperative Contract represented by this- Contract, that all required approvals Have been obtained, and.all prerequisites to the execution, delivery and performance of this. Contract have been obtained by or on behalf of the' Member 5 03 SEV~RABILITY. In the event -any provision of 'this Contract is held to be illegal, invalid or otherwise unenforceable, .that holding shall not affect any other, provision of this Contract, and this Contract shall be construed as, if .the unenforceable provision ,had never been- included in this Contract. •504 l~IOTICES a. Meetings of the;Board .of Directors -of IVIELA shall be- subject to the same •notice and posting ,provisions as are •the meetings under the Open- Meetmgs Act. Copies of notices of Meetmgs of Members and Directors of MELA shall be sent ~to the office of the Secretary of State of the State of Texas, and to the Directors and-Members of MELA. b Meetmgs of the membership shall be held only after at least .three ('3) days prior notice to the Members; except in the. case of an emergency meeting, which -may be ;held upon three (3) hours prior notice to Members. Any Member may waive notice-.prior to during.or;after Interlocal Cooperative Contract Page 6 • • i any meeting of Members. c Each' Member shall give the Board of Directors, or .the person` designated by the Board, the Member's correct malhng address, telephone .number FAX number and. contact person, ,and notices shall lie deemed` delivered when properly addressed (1) three ,days after the deposit of'the notice Into the United" States Mail, or (ii) immediately upon confirmation of receipt ~of a 'FAX transmission, or (iu} immediately" upon confirmaridn of receipt of an email transmission` Each 1VIember shall be responsible for conveying any changes in the mformanon with respect to the Member's malhng, telephone, FAX, e mail address or contact person. This Contract constitutes the entire contract between and among the Members with respect to the.1VIELA, and .supersedes any prior understandings, whether written or oral with respect to "the 1VIEL'A. ' B~y signing this .agreement, the' undersigned member certifies .that li Is accepting membership m MELA, has received proper' authorization ta~execute this agreement, and well comply with and participate In the governance of MELA. This Contract entered into=as of the date first above written, by.the undersigned-Member Signature Title Loca! Government Name Date 'Interlocal Cooperative Contract Page'? Mike Eastland "Executive Director North Central. Texas Council ~` of Governments Date ~ ~. T