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HomeMy WebLinkAbout5179 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5f) SUBJECT. Kitsap Readiness Center Joint Study Session Date Maur q, 2012 Membership Group Interlocal Cooperative COUNCIL MEETING Date May j`2012 Agreement Department Fire Presenter Al Duke, Fire Chief Phone 473-5380 SUMMARY: The Joint Management Group was created in 1995 to develop and implement the Kitsap Readiness Center master plan as a regional training site Since that time CenCom, the Coroners Office, Washington Youth Academy and the Kitsap County Sheriffs Office are now located at the site The parties now desire to establish a separate legal entity to provide oversight for the activities of the parties at the Readiness Center ATTACHMENTS: Kitsap Readiness Center Joint Membership Group Interlocal Cooperative Agreement FISCAL IMPACTS (Include Budgeted Amount) $9,000 a year which has been budgeted under line item number 526 5025 55300 APPROVALS: DEPARTMENT DIRECTOR __• -��� CITY ATTORNEY FINANCE DIRECTOR MAYOR (�� RECOMMENDED MOTION. , "Move to approve the Interlocal Agreement between City of Bremerton, Central Kitsap Fire & Rescue, South Kitsap Fire & Rescue, Central Communications (CenCom), Kitsap County Coroner's Office and Kitsap County Sheriff's Office establishing the Kitsap Readiness Center Joint Membership Group and authorize the Mayor to finalize and execute the Agreement in substantially the same form as presented " STUDY SESSION ACTION: 4Co ent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: [Approve 111 Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 Contract Number. Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5179 KRCJMG ILA - Kitsap Readiness Center Joint Management Group Fire LEG 12-1 8/10/2012 Comments: In effect until terminated or modified After recording return to: Jomt Management Group (JMG) 1974 Fircrest Dr SE Port Orchard, WA 98366 SO KITSAP FIRE RESCUE 201209170096 Agreement Rec Fee E 44 00 09/17/2012 10 03 A19 Page 1 0l 13 iiiiiiiiiiiiiiiii i�iiiiiliiiiiii�iiiiii iiii oii iiiii iiiiiiiiiiiiiii iiii� �iii iiiii i�ii iiii KITSAP READINESS CENTER JOINT MANAGEMENT GROUP INTERLOCAL COOPERATION AGREEMENT THIS IS AN AGREEMENT entered �nto under the Interlocal Cooperation Act (Chapter 39 34 R C W) Between Bremerton Fire Department ("BFD"), Central K�tsap Fire and Rescue ("CKFR"), South ICitsap Fire and Rescue ("SKFR"), Kitsap County Sher�ff's Office ("KCSO"), CENCOM/DEM ("CENCOM") and Krtsap County Coroners ("KCC"), (hereinafter the "parties"), by which the parties agree to establish and participate in �oint management of the KITSAP READINESS CENTER (Readmess Center) and rts accompanying services in cooperation with the M�titary and further the parties hereto hereby establish the KITSAP READINESS CENTER JOINT MANAGEMENT GROUP (KRCJMG} which shall be under the d�rect supervision of the KRCJMG Adm�mstratrve Board herem created, and that KRCJMG shall represent and make decisions for all parties regardmg budgeting, staffing, equipment procurement and utilization, operations, maintenance and planning for the use of the facil�ties available at the Read�ness Center. Th�s agreement supersedes and replaces any and all prior agreements relating to the Readiness Center whether wntten or oral. WHEREAS, th�s Agreement is formed to be consistent with the provis�ons and ternis of the "Interlocal Cooperation AcY' pursuant to RCW 39 34 et seq ; and WHEREAS, a Jomt Management Group (JMG) was created m 1995 to develop and imptement the Kitsap Readmess Center master plan which was intended to provide a�oint fire training and emergency services facility, and WHEREAS, it was believed that each of the parties and the public wouid benefit through reg�onai coordination and management of the Kitsap Readmess Center, and WHEREAS, the Kitsap Readiness Center has now been developed and the parties have determined that it is m the best mterests of the public to continue to cooperate and utilize the Readiness Center pursuant to a lease with the Military for cooperative trammg, operat�ons, commumcations and EMS admmistrative services, and WHEREAS, the parties now desire to establish a separate legal entity to prov�de oversight for the activ�ties of the parties of the KRCJMG at the Readmess Center, NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS 1. PURPOSE The purposes of this Agreement are• a To provide a means for the cont�nued development of a trainmg and emergency services center for the region's emergency service providers, b To replace and supersede the origmal Kitsap Joint F�re Training and Emergency Service Fac�lity Master Plan Agreement, re-establishing the workmg relationship between the parties and the Military who were the initial participants of that Agreement; c To establish the current KRCJMG as a separate legal ent�ty as authorized by RCW 39 34 03Q(3)(b); d To establish a process of administrative oversight for such services provided by the new KRCJMG, includmg entering into a lease with the Mil�tary for the use of the Readmess Center fac�lities, e. To establish a process for other jurisdictions and public entities to become participants �n th�s Agreement 2. DEFINITIONS Unless a different meamng is plamly requ�red by the context, words and phrases used in th�s agreement shall have the meanings attributed to them pursuant to state statute or other controll�ng law, or as defined in th�s Agreement a"Member Agency" means a voting and fees paying municipal or other governmental enttty which is a party to this agreement. b. "State" means the State of Washington c. "Regton " means Kitsap County and other ad�oimng counties d"Kitsap Readu�ess Center Jor�rt Managen�ent Grot�p" rneans the separate legal entity establ�shed and acknowledged by this Agreement to represent member agencies to carry out those powers and managerial and administrative responsibilities delegated pursuant to the provistons of this Agreement e"Ma�ortty Vote" means more than one-half of the votes cast by member agency iepresentatives when a quorum is present f"Adntrntstrattve Board' shall mean the representatives of inember agencies of the KRCJMG ident�fied in Section 4 of this Agreement 3. PARTICIPATION The Bremerton F�re Department, Central Kitsap Fire and Rescue, South Kitsap Fire and Rescue, K�tsap County Sheriff s Office, CENCOM/DEM and the Kttsap County Coroner's Office participate �n the formatton and operation of the KRCJMG for the purposes establ�shed pursuant to th�s Ageement Other governmental organ�zations may�oin the KRCJMG upon approval of the KRCJMG Admimstrative Board and by agreeing to the terms of this Agreement established below. Other organizations who are not governmental organizattons may participate and take advantage of the services provided by the KRCJMG pursuant to separate service agreements 4. MEMBERSHIP AND VOTING RIGHTS OF THE KRCJMG ADMINISTRATIVE BOARD A Membership �n the KRCJMG is established by execution of this Agreement and payment of any required fees as established by the Admimstrative Board A municipal or government entity that desires to become a later member of the KRCJMG must obtain permtssion to do so by a ma�ority vote of the Admmistrative Board The required permission applies to any entity that wishes to become a member Any ent►ty seeking to �oin the KRCJMG must sign an amendment to this Agreement establishing their membership However, such membership is sub�ect to leg�slative approval of all member agencies. Further, any entity seekmg to �o�n the KRCJMG must pay all fees in accordance with thts Agreement. B The KRCJMG Admin�strative Board shall consist of one (1) representative from each participating member agency, each of whom is delegated one vote. KRGMG Administrative Board representatives are at all times employees of their own agenc�es while actmg pursuant to this Agreement The membership and structure of the KRCJMG Administrat�ve Board may only be modified through an amendment to this agreement, recommended by a maJonty of the Admmistrative Board and approved by a ma�ority of the member agenc�es. The KRCJMG Adm�nistrative Board may, �n the event of a permanent vacancy on the Board, solicit the appointment of a replacement member from member agency. In the event that the member agency fails to appoint a replacement within sixty (60) days of the Board's request, the Board may select a person to fill that vacancy. 5. AUTHORITY AND RESPONSIBILITIES OF THE KRCJMG ADMINISTRATIVE BOARD The KRCJMG Administrative Board shall have the authority and the responslbiltties to provide policy and legislative direction for the KRCJMG and its adm�mstrat�on, and in particular shall a. Establish bylaws that govern the procedures of the KRCJMG Admintstrattve Board and daily operations of the KRCJMG, b Recommend appropnate action for the KRCJMG to the legislative bodies of the part�cipatmg members, c If determined to be in the best interest of the KRCJMG, appomt an Executive Director, d Provide superv�sion of an Executive Director, e Establish or cause to be establ�shed a fund or funds as authorized by RCW 39.34 030 for the operation of the KRCJMG, provided that with respect to funds for Emergency Management Services those funds shall be administered pursuant to RCW 38 52; f. Enter mto agreements with, and rece�ve and distribute funds from any federal, state or local agencies, provided that with respect to funds for Emergency Management Services those funds shall be admmistered pursuant to RCW 38 52, g Determine what services are to be offered by the KRCJMG and under what terms they shall be offered, h Review and adopt annual budgets, i Review and approve budget expenditures, � Enter mto agreements with third parties for services necessary to fully implement the purposes of th�s agreement, k Apply for such federal, state, or private fund�ng of any nature as may become ava�lable to assist the KRCJMG �n carrymg out �ts purposes and functions; 1 Purchase, take, lease, take by gift, or otherw�se acquire, own, hold, �mprove, use and otherwise deal in and with real or personal property, m Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of property and assets; n. Sue and be sued, complam and defend, tn all courts of competent �urisdictton; o. Enter into contracts, p Review and adopt personnel, purchas�ng and financtal policies; q. Any and all other acts necessary to further the KRCJMG's goals and purposes 6. AUTHORITY AND RESPONSIBILITY OF THE KRMCG DIRECTOR Should the KRCJMG Admmistrat�ve Board determme that an Executive Director is necessary to effectively operate the Readiness Center, the Admimstrative Board shall establish, pursuant to a wntten �ob descriptton, the duties and responsibilities of the KRCJMG Director 7. FINANCII�IG A Cost Allocation All members shall pay the one-time cost assessment and the annual mamtenance fees as described in the Bylaws Such assessments and fees shall be mamtamed m a Fund identified as Operatmg Fund # 90921 (the Fund) Non-members shall be assessed fees in accordance with the Bylaws Additionally, should the Fund created for the operation of the Readiness Center ever become depleted to the pomt that the purposes of the KRCJMG are unable to be met, the KRCJMG Admmistrative Board shall determine if addrttonal assessments to the member agencies are necessary Should the Adm�n�strative Board determine that additional assessments are necessary, it shall notify the member agencies of such assessment mnety (90) days pnor to such assessment becoming due. If any additional assessments or annual maintenance fees are not paid timely after notice of the assessment/fees are rece�ved, the member is sub�ect to having rts membership status revoked by ma�ority vote of the KRCJMG Admmistrative Board B. Local Government Accountin� All services and transfers of property to the K�tsap Readiness Center shall be paid and accounted for in accordance with Washington State Local Government Account�ng procedures C The F�scal Year The fiscal year shall coincide with the calendar year D Adoption of BudQet By September of each year the KRCJMG Admimstrat�ve Board shall adopt a draft annual work program, budget, and cost allocation of the ensuing fiscal year that identifies anticipated activities, goals, revenues, and expenditures for completing the work program The final work program, budget, and cost allocation for the ensuing year shall be adopted hy the KRCJMG Admin�strative Board no later than November of each year. No increase or decrease to the final budget shall occur wtthout the approval of the KRCJMG Adm�mstrative Board All expenditures shall be made from the Fund identified earlier. E Notice of Bud�et On or before September 30, the KRCJMG Adm�nistrative Board shall provide wntten notice of the ensumg year's draft budget, work plan, and cost allocation to each member agency. On or before November 30, the KRCJMG Adm�mstrative Board shall provide written notice of the final budget, work plan, and cost allocation adopted for the ensuing fiscal year to each member agency F Accountmg, Budgetin�, and Reporting The KRCJMG shall be sub�ect to the Budgeting Accounting & Reporting System (BARS) Cities, Counties and Special Purpose Distncts Cash Basis manual G Fiscal Agent The KRCJMG Adm�mstrative Board shall identify a fiscal agent for the KRCJMG H Contractm� All contracts made by or on behalf of the KRCJMG shall be m accordance with state law, includ►ng, but not l�mited to Chapter 39 04 RCW, and Chapter 42 23 RCW, and Chapter 42 24 RCW 8. FACILITIES AND PROPERTY The facil�ties sub�ect to the use of the KRCJMG are as identified pursuant to Exhibit A of th�s Agreement Each party's responsibility as �t relates to those facilities identified shall be established pursuant to a Lease agreement heretnafter established 9. DURATION Thts Agreement shall remam in full force and effect in perpetuity from its effective date unless earlier termmated or modified as provided herem 10. MODIFICATION The terms of the Agreement shall not be altered or modified unless agreed to in writing by all member agenc�es and such writmg shall be executed with the same formalities as are required for the execution of this document 11. TERMINATION/DISPOSAL OF ASSETS A Any member agency has the nght to withdraw from this Interlocal Agreement by giving the KRCJMG Adrninistrative Board six (6) months prior written notice Unless otherwise provided by future agreement, any member agency that withdraws shall remam responsible for its financial and other obligat�ons with regard to the KRCJMG actrv�ties s • , � until the effective date of withdrawal and with regard to agreements to which the Council is party and which exist at the time of such notice of withdrawal Withdrawal by one member agency to the Interlocal Agreement shall not terminate the Agreement as to any other remammg member agenctes Except as provided in Section 11 of this Agreement, any member agency that withdraws from this Agreement forfetts any nghts it may have to the KRCJMG assets, provided, however, such forfeiture shall not take effect if the KRCJMG d�ssolves within one (1) year of the date of the withdrawal notice B Upon dissoluhon of the KRCJMG, any KRCJMG assets, after payment of all liab�lrties, costs, expenses and charges validly mcurred under this Agreement, shall be distributed to member agenctes which are members of the KRCJMG on the date of dissolut�on Distribution of assets shall be in equal d�stributions as described m the Bylaws, m accordance with Sectton 7(B) of this Agreement, and existmg at the time of dtssolutton The debts, liabilities, and obligations of the KRCJMG shall not constitute a debt, liability f or obligatton of any member agency If assets can not reasonably be distributed, the , KRCJIVIG shall declare the assets to be surplus, and shall offer the assets for sale , according to the requ�rements of Chapter 43 19 RCW, and shall d�stribute the proceeds � from the sales in equal distributions as established by the Admmistrative Board � 12. HOLD HARMLESS , Each party agrees to defend and mdemrnfy the other party and its elected and appointed officials, officers, employees and agents against all claims, losses, damages, suits and expenses, including � reasonable attorneys' fees and costs, to the extent they arise out of, or result from, the performance of this Agreement by the mdemrntor or its elected or appointed officials, officers, employees and � agents The indemmtor's duty to defend and indemnify extends to claims by the elected or appointed � officials, officers, employees or agents of the indemnitor or of any contractor or subcontractor of indemnitor The mdemrntor waives its immurnty under Title 51(Industrial insurance) of the Revised Code of Washmgton solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated. This provision shall survwe the expiration or termmation of this Agreement � , 13. INSURANCE Y A Any loss or liability to th�rd parties resulting from negl�gent acts, errors, or omissions of � the KRCJMG Admintstrative Board, member agencies, and/or employees while acting with�n the scope of the�r authonty under this Agreement shall be borne by the KRCJMG exclusively, and the KRCJMG shall defend such parties, at its cost, upon request by the , member agency, Board member, and/or employee B. The KRCJMG Admmistrative Board shall obta�n commercial general liability, and auto ltability msurance coverage for the KRCJMG Adm�nistrative Board, and any staff employed by the KRCJMG, at levels no less than $1 m�llion smgle occurrence and $2 million aggregate for each type of liability that �s msured. The policy shall name each member agency, and their respective elected officials, officer, agents, and employees as additional insured's The KRCJMG Admimstrative Board shall annually evaluate the adequacy of the KRCJMG's msurance coverage C The KRCJMG Adm�mstrative Board shall requ�re that all contractors and subcontractors uttlized by the KRCJMG obtam msurance coverage consistent with Section 13(B) 14. INTERLOCAL COOPERATION ACT COMPLIANCE This is an agreement entered into under Chapter 39 34 RCW Its durat�on is as specified m Sect�on 9. The organtzation, composition and nature of the KRCJMG Admmtstrative Board is as spec�fied m Section 4 Its purposes are as described in Section 1 Its manner of financmg and budgeting is as described in Section 7 Its termmation as descnbed m Sect�on 11 The method for disposmg of property upon withdrawal or termmation is set forth �n Sectton 11. 15. WAIVER Tlie fatlure of any party to tnsist upon strict performance of any of the terms and conditions of th�s Agreement shall not be construed to be a waiver or relmqutshment of same, but the same shall be and rema►n iii full force and effect 16. NOTICES Except as provided elsewhere in this Agreement, any notice required by this Agreement shall be made m writing to the representative(s) identified in Sectton 4 with a copy of such not�ce provided to the Executive D�rector, �f one has been appomted by the KRCJMG Admimstrative Board Notice is effective on the third day follow�ng deposit with the U S Postal Service, regular mail 17. VENUE This Agreement shall be governed by the laws of the State of Washmgton� both as to its mterpretatton and performance Any action at law, su�t in equ�ty, or other Judicial proceedmg arising in connect�on w�th this Agreement may be instituted and mainta�ned only in a court of competent jurisdiction in Kitsap County, Washington 18. ENTIRETY This Agreement supersedes alt previous JMG interlocal agreements, if any, and all prior discussions, representations, contracts, and/or agreements between the parties relatmg to the sub�ect matter of this Agreement and const�tutes the entire contract between the parties 19. SEVERABILITY If any of the provisions of the Agreement are held illegal, mvalid or unenforceable, the remaming provisions shall remam in full force and effect 20. CLAIMS A Any claim for damages made under Chapter 4.96 RCW shall be filed with the Chair of the KRCJMG Admimstrative Board, or other Agent as identified pursuant to the KRCJMG Bylaws B Upon receiving a cla�m for damages, or any other claim, a copy of the claim will be provided to each member agency. 21. EXECUTION AND FILING The parties agree that there shall be multiple original s�gnature pages of this Agreement d►stributed for signature by the necessary officials of the parties. Upon execut�on, the executed origmal signature pages of this Agreement shall be returned to the Chair of the KRCJMG Administrative Board who shall file an executed original of this Agreement with the K�tsap County Auditor The Chair of the Admm�strative Board shall distnbute duplicate conformed copies of the Agreement to each of the part�es Parties that sign on as members at a later date will provide or�gmal signature pages of this Agreement to Kitsap County Auditor for filing The Chair of the Administrative Board shall distribute duplicate conformed copies of the signature pages filed later to each of the part�es 22. EFFECTIVE DATE This Agreement shall go into effect among and between the part�es upon its execut�on by all of the parttes, as evidenced by the signatures and dates affixed below and upon tts filmg with the County Auditor as provided m Section 21 IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth below. Executed th�s � 6�`� day of � 2012 SOUTH KITSAP FIRE AND RESCUE by: DAVE G LEICHTER, B Chair by. MICHE ESLAVA, Commissioner Dale of Signing: ��'� �— �¢7! � Date af Sigmng u/�!�/ Z--� J by. Date of Signmg s' !o ' � 2 PAUL GOLNIK, Commtssioner by: c�� ��� �.�.,.—.- Date of Si�mng. �- i� � 2 �, �� GERALD PREUSS, Comm�ssioner Attested to Date af Signtn�. � � �� - 1�- Aaie of Signing; S '' � � � � �"' . by. Date c�f Signing. S �4 J Z ,� RICK GROSS, Board Secretary r � �y� --�- WAYNE S ER, Fire Chief CENTRAL KITSAP FIRE AND RESCUE � � � � �� , , � __..___.-�----� �` f � �` �� � �-- Ly: Date of Signing BOB MUHLEMAN, Board Chair by. `� ( Date of Sigmng �`�( M°`�-1 f z-- KF ERICKSON, Commissioner by v by. r�— RALP R G R, Co missioner by ,lG G�l/L'�c�/ DICK WEST, Commissioner Date of Sign�ng• fi'�4' �� Z- Date of S ignmg ��� � y— � Z Date of Sigmng � ��� �� bY �� t"� ROY LUSK, Fire Chief Attested to: Date of S�gmng• S'- S 5-1 Z by. � Date of Signing �� Z- RICK GROSS, Board Secretary CITY OF BRCMERTON � Patty Lent, oi APPROVED AS TO FORM �[�y � Roger A Lubovich, City Attorney ATTEST: � Shannon Corin, C�ty Clerk / DATED this day of V�" "-� ` , 2012. � STEPIH� A. �YE Kitsap County Sheriff DATED this � day of , 2012. �'�G O IVI ll�l �OY PT � � �' �s,� ��,4 'c,� ��`''.O :� � . 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