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5273
KITSAP COUNTY FIRE CHIEFS ASSOCIATION
ILA Kitsap County Fire Chiefs Association Mutual Aid
Fire
LEG 12-1
8/8/2013
9/1/2014
Comments• Remains in effect until terminated or superseded.
KITSAP COUNTY FIRE CHIEFS ASSOCIATION
INTERLOCAL COOPERATION AGREEMENT
TffiS IS AN AGREEMENT entered into under the Interlocal Cooperation Act (Chapter
39.34 R.C.W.) Between Bremerton Fue Department ("BFD'�, Central Kitsap Fire and Rescue
("CKFR"), South I�tsap Fire and Rescue ("SKFR'�, ICitsap County Fue District 18/Poulsbo Fu�e
("PF"), North Kitsap Fire and Rescue ("NKFR"), and Bainbndge Island Fu�e Department
("BIFD") (hereinaRer the "pazhes"), by wluch the parties agree to establish and panc�ipate m
joint memberslup of the KITSAP COUNTY FIRE CHIEFS ASSOCIATION ("KCFCA'�. This
agreement supersedes and replaces any and all pnor agreements relahng to the KCFCA whether
wntten or oral.
WHEREAS, this Agreement is formed to be consistent vinth the provisions and terms of
the "Interlocal Cooperation Act" pursuant to RCW 39.34 et seq.; and
WHEREAS, the KCFCA was created in 1994 to help promote fire prevention, fire
suppression, emergency medical sernces, and life safety legislahon and educahon through the
cooperahon of the local fire departments' �omt efforts of theu respechve Cluef officers; and
WHEREAS, it was beLeved that each of the parhes and the pubhc would benefit through
regional coordmahon and cooperahon of the KCFCA; and
WHEREAS, the parhes now desue to establish a separate legal entity to provide
oversight for the achvihes of the parties of the KCFCA;
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS.
1. PURPOSE
The purposes of tlus Agreement aze:
a. To provide a means for the conhnued development of fire suppression and fire prevenhon
sernces as well as a coordinated effort to influence legislahon and education benefituig
the region's emergency sernce providers and pubhc.
b. To replace and supersede the onguial Kitsap County Fue Cluef's Association Agreement,
re-establishuig the workmg relahonship between the pazhes who were the init�al
participants of that Agreement;
c To establish the KCFCA as an LLC, a separate legal enhty as authonzed by RCW
39 34.030(3)(b),
d. To estabhsh a process of admimstrative oversight for such services provided by the
KCFCA;
e. To estabhsh a process for other�unsdichons and pubhc enhties to become participants in
tlus Agreement.
2.
Unless a different meazung is plamly reqwred by the context, words and phrases used in this
agreement shall have the meanings attnbuted to them pursuant to state statute or other
controllmg law, or as defined m this Agreement:
a"Member Agency" means a votmg and fees paying municipal or other governmental
entity which is a party to this agreement.
b. "State" means the State of Washmgton
c. "Region " means Kitsap County and other adjoining counties.
d. "Kitsap County Fcre Chzefs Associanon" means the separate legal entity estabhshed and
acknowledged by tlus Agreement to represent member agencies to carry out those powers
and managenal and administrahve responsibilit�es delegated pursuant to the pmvisions of
this Agreement
e. "Majonty Yote" means more than one-half of the votes cast by member agency
representanves when a quorum is present.
f. "Admin:strative Board' shall mean the representahves of inember agencies of the
KCFCA idenhfied m Sechon 4 of ttus Agreement.
3. PARTICIPATION
The Bremerton Fire Depaztment, Central Krtsap Fue and Rescue, South Kttsap F�re and
Rescue, Kitsap County Fire Distnct 18/Poulsbo Fire, North Kitsap F�re and Rescue, and
Bauibndge Island Fue Department panc�ipate in the formahon and operahon of the KCFCA
for the purposes estabhshed pursuant to this Agreement. Other governmental orgatuzations
may jom the KCFCA upon appmval of the KCFCA Administrahve Board'and by agreeing to
the terms of ttus Agreement established below. Other orgamzations who are not
governmental orgaruzahons may panc�ipate and take advantage of the services provided by
the KCFCA pursuant to separate sernce agreements pursuant to those rules established by
the KCFCA Bylaws.
4. MEMBERSHIP AND VOTING RIGATS OF THE KCFCA ADMINISTRATIVE
BOARD
A. Membership m the KCFCA is estabhshed by execuhon of this Agreement and payment
of any required fees as estabLshed by the Admimstrahve Boazd.
1 A municipal or government enhty that desires to become a later member of
the KCFCA must obtain permission to do so by a ma�onty vote of the
Administrative Boazd. The reqwred permission apphes to any entity that
wishes to become a member Any enrity seeking to �om the KCFCA must
sign an amendment to tlus Agreement establishuig their membership.
However, such memberslup is subject to legislative approval of all member
agencies. Further, any enhty seelang to join the KCFCA must pay all fees in
accordance with this Agreement.
2. A non-municipal or non-governmental enaty that desu�es to panc�ipate m the
KCFCA shall be enhtled to do so pursuant to the Bylaws of the KCFCA.
3. Ex-Officio members may be allowed to panc�ipate m the KCFCA pursuant to
the Bylaws of the KCFCA.
B. The KCFCA Admmistrahve Boazd shall consist of one (1) representahve who shall be
the Chief Officer from each pazhcipatuig member agency, each of whom is delegated one
vote
The memberslup and structure of the KCFCA Admmistrahve Boazd may only be modified
through an amendment to ttus agreement, recommended by a majonty of the Adnnimstrative
Boazd and approved by a majonty of the member agencies.
5. AUTHORITY AND RESPONSIBILITIES OF THE KCFCA ADMII�TISTRATIVE
BOARD
The KCFCA A�shahve Board shall have the authonty and the responsibilihes to provide
pohcy and legislahve du�echon for the KCFCA and its admitustranon, and m panc�ular shall:
a. Establish bylaws that govern the procedures of the KCFCA Admmistrahve Board and
daily operations of the KCFCA;
b. Recommend appmpnate achon for the KCFCA to the legislahve bodies of the
participating members;
c. Enter u►to agreements with, and receive and distribute funds from any federal, state or
local agencies;
d. Determine what sernces are to be offered by the KCFCA and under what tenns they
shall be offered;
e. Review and adopt annual budgets;
f. Review and approve budget expendrtures;
g. Enter into agreements with third parhes for services necessary to fully unplement the
purposes of ttus agreement;
h Apply for such federal, state, or pnvate funduig of any nature as may become available to
assist the KCFCA m carrying out its purposes and funchons;
i. Purchase, take, lease, take by gift, or otherwise acqwre, own, hold, unpmve, use and
otherwise deal m and with real or personal property;
�. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of
pmperty and assets,
k. Sue and be sued, complaui and defend, in all courts of competent �unsdichon;
1. Enter mto contracts
m. Review and adopt personnel, purchasing and financial pohcies;
n. Any and all other acts necessary to further the KCFCA's goals and purposes.
6. FINANCING
A. Cost Allocahon. All members shall pay the annual fees as descnbed in the KCFCA
Bylaws.
B The Fiscal Yeaz. The fiscal yeaz shall comcide wrth the calendar yeaz
C. Adoghon of Budget. By September of each yeaz the KCFCA Admmistrahve Board shall
adopt�a draft annual work program, budget, and cost allocahon of the enswng fiscal yeaz that
identifies anhcipated achvihes, goals, revenues, and expenditures for completing-the work
program The final work program, budget, and cost allocation for the enswng year shall be
adopted by the KCFCA Administrahve Board no later thaa November of each yeaz No
mcrease or decrease to the final budget shall occur without the appmval of the KCFCA
Admintstrahve Boazd. All expenditures shall be made from the Fund identified earher
D. Nohce of Bud�et. On or before September 30, the KCFCA Admuustrarive Board shall
provide wntten notice of the ensuing year's draft budget, work plan, and cost allocahon to
each member agency's representahve. On or before November 30, the KCFCA
Adm�strahve Board shall provide wntten nohce of the final budget, work plan, and cost
allocahon adopted for the ensuing fiscal yeaz to each member agency's representative.
E. Contrachn�. All contracts made by or on behalf of the KCFCA shall be m accordance
vv�th state law, including, but not hmrted to: Chapter 39.04 RCW, and Chapter 42.23 RCW,
and Chapter 42.24 RCW.
7. FACILII'IES AND PROPERTY
Any property owned or maintained by the KCFCA shall be used and disposed of in accordance
with the Bylaws established by the KCFCA Adm�strarive Boazd.
8. DURATION
This Agreement shall remain m full force and effect in perpehuty from its effective date unless
eazher termmated or modified as pmvided herein.
9. MODIFICATION
The terms of the Agreement shall not be altered or modified unless agreed to in writing by all
member agencies and such wnhng shall be executed wrth the same formahhes as are reqwred for
the execuhon of tlus document.
10. TERMINATION
Any member agency has the nght to withdraw from this Interlocal Agreement by giving the
KCFCA Admmistrahve Boazd six (6) months pnor wntten notice. Withdrawal by one
member agency to the Interlocal Agreement shall not temunate the Agreement as to any
other rema�ning member agencies.
11. HOLD HARNII.ESS
Each party shall defend, indemmfy and save all other pazries ha�rmless from any and all claims
ansmg out of that party's negligent performance of ttus agreement. Any loss or liabihty
resulting from negligent acts, errors, or ouussions of the KCFCA Admimsttative Board, KCFCA
Duector and/or KCFCA staff shall be bome by the KCFCA exclusively.
12. INSURANCE
Any loss or habihty to th�rd parties resulhng from negligent acts, errors, or omissions of the
KCFCA Admimstrative Board, member agencies, and/or employees while achng wittun the
scope of theu authonty under ttus Agreement shall be bome by the KCFCA exclusively,
and the KCFCA shall defend such parhes, at its cost, upon request by the member agency,
Boazd member, and/or employee.
A The KCFCA Aduumstrative Boazd shall obtain commercial general hability, and auto
habihty insurance coverage for the KCFCA Admimstrahve Board, and any staff
employed by the KCFCA, at levels no less than $1 mill�on smgle occurrence and $2
milhon aggregate for each type of hability that is msured. The pohcy shall name each
member agency, and theu respective elected officials, offcer, agents, and employees as
addihonal insured's. The KCFCA Admmistrabve Board shall annually evaluate the
adequacy of the KCFCA's uisurance coverage.
B. The KCFCA Adm�strative Board shall req�ure that all contractors and subcontractors
uhlized by the KCFCA obtam uisurance coverage consistent v�nth Sechon 13(B).
13. INTERLOCAL COOPERATION ACT COMPLIANCE
This is an agreement entered mto under Chapter 39.34 RCW. Its durahon is as specified m
Section 8. The orgatuzarion, composihon and nature of the KCFCA Admuustrahve Board is as
specified m Sechon 4. Its purposes are as descnbed m Sechon 1. Its manner of financmg and
budgeting is as descnbed m Sechon 6.. Its termination as descnbed m Sechon 10. The method
for disposing of property upon withdrawal or terminahon is set forth in Section 7.
14. WAIVER
The failure of any party to uisist upon stnct performance of any of the terms and conditions of
this Agreement shall not be construed to be a waiver or relinquishment of same, but the same
shall be and remaui m full force and effect
15. NOTICES
Except as provided elsewhere in ttus Agreement, any nohce required by this Agreement shall be
made m wnhng to the representanve(s) idenhfied m Sechon 4 v�nth a copy of such nohce
provided to the Executive Duector, if one has been appomted by the KCFCA Admimstrahve
Board. Nohce is effective on the third day following deposit vv�th the U.S. Postal Service,
regular mail
16. VENiJE
This Agreement shall be governed by the laws of the State of Washington, both as to its
interpretation and performance. Any action at law, suit m equity, or other �udicial proceeding
ansing in connechon with tlus Agreement may be instituted and maintained only in a court of
competent�urisdiction in Kitsap County, Waslungton.
17.
This Agreement supersedes all previous inter-local agreements, if any, and all pnor discussions,
representahons, contracts, and/or agreements between the parhes relahng to the subject matter of
tlus Agreement and conshtutes the entire contract between the parties.
18. SEVERABILITY
If any of the provisions of the Agreement are held illegal, invalid or unenforceable, the
remaining provisions shall remam m full force and effect.
19. CLAIMS
A. Any claim for damages made under Chapter 4.96 RCW sha11 be filed with the Chair of
the KCFCA Administrabve Boazd, or other Agent as idenhfied pursuant to the KCFCA
Bylaws.
B. Upon receiving a claun for damages, or any other claim, a copy of the claim will be
provided to each member agency
20. EXECUTION AND FILING
The pazhes agree that there shall be mulhple origmal signature pages of this Agreement
distnbuted for signature by the necessary officials of the parhes Upon execuhon, the executed
onginal signature pages of tlus Agceement shall be returned to the Chair of the KCFCA
Admmistrative Boazd who shall file an executed� onginal of tlus Agreement with the ICitsap
County Auditor. The Chair of the Admimstrahve Boazd shall distribute dupLcate conformed
copies of the Agreement to each of the parnes Parhes that sign on as members at a later date
will pmvide onginal signature pages of this Agreement to Kitsap County Aud�tor for filing. The
Chair of the Admimstrahve Board shall distnbute duplicate conformed copies of the signature
pages filed later to each of the parhes.
21. EFFECTIVE DATE
This Agreement shall go mto effect among and between the parties upon its execution by all of
the pazhes, as evidenced by the signatures and dates affixed below and upon its fihng wrth the
County Auditor as provided in Sechon 20.
IN WTTNESS WI-�REOF, thas Agreement has been executed by each party an the date
set forth below•
Executed this /'� day of ��.�s- 2Q13
By: 1�---�=
Hank 'Teran, Fire Chief
Bainbridge Island Fue Departmeirt
IN WITNESS WHEREOF, ttus Agreement has been executed by each party on the date
set forth below:
Executed tlus �day of S� 2013.
CTTY OF BREMERTON:
�
By: Patty , Mayor
Approved as to form.
�L
Roger Lubovich, Crty Attorney
Attest.
w
I
Shannon Corm, Crty Clerk
CENTRAL K�TSAP FIRE AND RESCUE
IN �ViTNESS WI3EREQF, this Agreement has been �cecuted by ea�ch perty on the date
set forth below:
Executed
DA
13 day of�, 2013.
t;hairman & Commissirn�r
�� �L/ / � . '
��c:���: �� �, ��_
/+.
�2��.�
DICK WEST, Cammissioner
�,-��'����.��
BOB MtTHLEMAN
Vica G'�airman & Commissia�er
ICEri BRICKSON, Comtnission�
Attesbod to:
.
iucx� aRVSs
Distcict Se�+etary
21. EFFECTIVE DATE
Thxs Agreement shall go into effect acnong and between the parties upon its execution by all of
the parties, as evidenced by the signatures and dates affixed below and upon its filing with the
County Auditor as provided in Section 21
IN WITNESS WHEREOF, this Agreement has been executed by each pari:y on the date set forth
below�
10 �une
Executed this�day of�, 2013
Patrick Pearsoo, Chair Board of Commissioners
Neupert, Commissioner
'' �,�..�.. 1
� ,
Fernando Espinosa, Com 'ssioner
`v 6��� -
, �
Wils�n Stewart, Com�issioner
G 'an Gregory, omm io
IN W ITNESS WHERE�F, tlus Agreement has been executed by each party on the date
set forth below:
Executed this I Z�'day of � e. 2013.
S � n CI++�E b. �►+��'�+o �- t� �
On f FD 18/Foulsbo '� b 4. St �' ��,,,,,,,, � r; �,� rs
. 1 yM.' .��h : ' � ; c`�t17';7�Y�li1y
IN WITNESS WI�REOF, tius Agreement has been executed by each party on the date
set forth below:
Executed this a 3�y of o� 2013.
by: Chair Paul Golnik
�
,
_....•._.� ��, �._ _
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� �: :..�; , � - `
by: Commissioner Mike Eslava
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by: Commissioner Geratd Preuss
by: Commissioner Dave Gelsleicht,er
.
Attested by: Attorney/Secretary Rick Gross
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