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HomeMy WebLinkAbout9095 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 66 S UBJECT : Study Session Date : April 14 , 2021 Interlocal Agreement to establish Kitsap COUNCIL MEETING Date : April 21 , 2021 County Fire Training Consortium Department : Fire Presenter : Pat McGanney , Fire Chief Phone : ( 360 ) 473 - 5380 S UMMARY : This Agreement is to establish a county wide Training Consortium to enable joint fire training activities and operations . Each Agency shall retain full authority for and jurisdiction over fire protection , prevention and suppression , emergency medical services , boundaries , elections , budgets and all other matters not specifically addressed in the Agreement . ATTACHMENTS : Interlocal Agreement FISCAL IMPACTS ( Include Budgeted Amount) : Undetermined S TUDY SESSION AGENDA : x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION : Consent Agenda x General Business Public Hearing RECOMMENDED MOTION : Move to approve the Kitsap County Fire Training Consortium Interlocal Agreement ; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented . COUNCIL ACTION : 01 A pprove ❑ Deny ❑ Table ❑ Continue No Action Form Updated 01 /02/2018 Kitsap County Fire Training Consortium (Interlocal Agreement) This agreement is made and entered into by and between the undersigned municipal corporations, collectively referred to as "Agency" or "Agencies." RECITALS 1. This agreement is entered into in conformity with chapter 39.34 RCW, the Interlocal Cooperation Act. 2. The Agencies currently each maintain and operate their own fire departments to provide emergency responder services, including fire protection, fire suppression, and emergency medical services and non -emergent medical care in their respective areas. 3. It is recognized that the Agencies have staff that are performing similar tasks, on a daily basis, and that have varied talents, skills, and expertise; and by allowing the staff to coordinate and collaborate, the skills and abilities of the individuals could be used in a manner that increases the level and efficiency of training. 4. The Agencies desire to provide training at the highest possible level while managing the costs by eliminating duplication of effort and/or expenses where feasible and making the most effective use of combined resources. 5. The Agencies have concluded that collaboration based on equal participation would provide the highest level of training with the least duplication and cost and allow for the completion of functions not possible within current funding. 6. The Kitsap County Fire Training Consortium has adopted the following Mission and Vision Statements: a. Mission: Develop and deliver superior training to improve performance and safety. b. Vision: Unify and enhance regional training that improves operational consistency, implements industry best practices and promotes a shared culture of excellence. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and benefits contained herein, it is agreed between the Agencies as follows: 1. Purpose and Scope of Agreement. The purpose and scope of this Agreement is to maintain a Training Consortium to enable joint training activities and operations. Each Agency shall retain full authority for and jurisdiction over fire protection, prevention and suppression, emergency medical services, boundaries, elections, and budgets and all other matters not specifically addressed in this Agreement. Training Consortium Interlocal Agreement —Page 1 2. Governing Structure of Training Consortium 2.1. Administrative Board. (a) The Administrative Board shall be composed of the Fire Chief or Administrator of each Agency to this Agreement. The Administrative Board shall be responsible for: (i) Overseeing administration of the fiscal arrangements as set forth in this Agreement ("Fiscal Agent"); (ii) Directing, guiding and overseeing the actions of the Operations Board; (iii) Implementing the recommendations of the Training Chief; (iv) Communicating with the governing bodies of the Agencies to this Agreement; and (v) Reviewing and approving all expense vouchers. (b) The Administrative Board shall meet every other month. Members of the Administrative Board shall elect by majority vote a Chief to serve as presiding officer of the Administrative Board. The Chair shall serve a two-year term, which may be renewed by a majority vote. The Chair shall have responsibility to schedule the meetings of the Administrative Board, to serve as presiding officer at board meetings, to gather information and to prepare the agenda for board meetings. In the event a Chair is unable or unwilling to complete his or her term, nominations shall be accepted by the Administrative Board for a replacement Chair, who shall be elected by majority vote of the board and who shall complete the term of the resigning Chair. Each Chief shall have an equal vote on matters that come before the Administrative Board. Any decisions of the Administrative Board that involve the expenditure or obligation of an Agency's funds shall constitute a recommendation to the governing bodies of the Agencies and shall not be effective until the governing bodies of each Agency have approved such recommendation. 2.2. Operations Advisory Team "OAT" (a) The OAT shall be composed of the Training Consortium's Training Chief and the operations chiefs from each Agency to this Agreement. The OAT shall be responsible for: (i) Consulting and communicating with the Training Chief on matters involving Agency operations. (ii) Work with the Training Chief to establish consistency in Agency operations. (iii) Work with the Training Chief to ensure the training curriculum is consistent with Agency operations. (iv) A designee from the Operations Chiefs in each of north zone (BIFD, NKFR, PFD) and south zone (BFD, CKFR, SKFR), as selected by the Administrative Board, shall report directly to the Board. Training Consortium Interlocal Agreement —Page 2 2.3. Training Consortium Chief. (a) The Training Consortium Chief "Training Chief' shall be appointed by the Administrative Board, selected from one of the agencies of the Training Consortium. The appointment will be for a period of three years. This term may be amended by a majority vote of the administrative board. The Training Chief shall be responsible for: (i) Recommending annual goals and objectives to the Administrative Board; (ii) Developing common operating guidelines for all Agencies; (iii) Developing common training programs, processes, and instructional materials for all Agencies (iv) Developing common training calendars for all Agencies; (v) Performing such other tasks as directed by the Administrative Board. (vi) Developing an annual Budget for the Training Consortium. (vii) Managing the Training Consortium on a day-to-day basis. 2.4. Firefighter Training Advisory Team "FTAT" (a) The FTAT shall be composed of uniformed staff participating in the Training Consortium as appointed by the Training Chief and each agency in a manner that insures each Agency is adequately represented. The FTAT shall be responsible for: (i) Providing feedback and input to the Training Chief regarding the content of the training provided. (ii) Coordinating communications between the Training Chief and the employees receiving training from the Training Consortium 3. Joint Decision Making 3.1. This Agreement does not alter the current command structure or organizational responsibilities of any Agency. However, this Agreement will allow for joint decision -making by the Administrative Board to modify command structures or organizational responsibilities relating to training within the Training Consortium. 3.2. Joint decision -making shall be exercised through the Administrative Board and shall apply only to those areas specifically identified by this Agreement. The Administrative Board shall make joint decisions using the following procedure. Joint decisions shall only be made at a meeting of the Administrative Board attended by a quorum of Agency representatives. A majority of the currently appointed Agency representatives shall constitute a quorum. Joint decisions shall be made by a majority vote. A Chief unable to attend a meeting may vote by proxy by either sending a designated representative or by notifying the Administrative Board of the Chief s vote via email prior to the meeting or by providing a written proxy to another Chief attending the meeting. Training Consortium Interlocal Agreement —Page 3 4. Fiscal Arrangements 4.1. The Administrative Board shall determine which participating Agency shall be the entity that manages the finances of the Training Consortium. The appointed Agency "Fiscal Agent" shall be responsible for managing the finances of the Training Consortium as part of that Agency's annual budget. The Agency appointed as Fiscal Agent agrees to manage the Consortium's budget in compliance with the Washington State Budget, Accounting and Reporting Schedule (BARS). All fiscal documents shall be maintained in accordance with the Washington State Local Government Common Records Retention Schedule (CORE) and made available to any participating agency upon request. 4.2. On or about August 1 St of each year, the Administrative Board shall approve an annual budget for the Training Consortium's operations that identifies each Agency's personnel and financial responsibilities for the following year. The financial responsibilities will be based on a cost per member as identified by the following components: (a) Training Officer Cost. The cost of a Training Officer shall be based on the actual salary of each Agency's contributed positions. (b) Administrative Costs. The amount shall cover the Fiscal Agent's administrative costs in managing the Training Consortium, including funds to reimburse the agency providing the Training Chief, necessary administrative support staff and other civilian positions as approved by the board. (c) Supplies and Maintenance Costs. The amount shall cover the Fiscal Agent's costs in purchasing consumable supplies, professional services and other expenses associated with the delivery of Training. (d) Facilities Costs. The amount shall cover the Kitsap County Fire Training Consortium facility lease and related expenses, as well as costs associated with the use of Training facilities. (e) Cost Per Uniformed Member. FTE Cost +Administrative Costs + Supplies and Maintenance Costs+ Facility Costs/Total number of uniformed members having the rank of Battalion Chief or below = Cost per Uniformed Member. However, this cost may be adjusted as needed by the Administrative Board. (f) Annual Agency Cost. The Annual Agency Cost shall be based upon the agency's number of uniformed members having the rank of Battalion Chief or below for the budget cycle. (g) The Annual Agency Cost may be satisfied by contributions of personnel (at the FTE value established above), cash, use of training facilities or other services as approved by the Administrative Board. (h) Member agencies may choose to request additional services from the training consortium other than those provided for their uniformed staff. These services may include training events for volunteers or use of the Learning Management System (LMS) for civilians. These additional services shall be provided at the discretion of the Training Chief and with the approval of the Administrative Board. The Training Chief will establish a fee for service that ensures the training is cost neutral for the consortium. Training Consortium Interlocal Agreement —Page 4 4.3. In the event the Administrative Board determines, during the course of the year, that additional expenditures or contributions from one or more participating Agencies are necessary, the Administrative Board shall make a recommendation/request to the appropriate Agency. 4.4. In the event an Agency satisfies its Annual Agency Cost with a cash payment, the full value of such cash payment shall be made to the Fiscal Agent on or before February 1st of each year. In the event an Agency that provides personnel or equipment is entitled to receive a cash payment in return, the Training Consortium shall make such cash payment to the Agency on or before February 1 st of each year. 5. Resources: This Agreement allows for the collaborative acquisition, use, and management of property and equipment, ("Resources"). Prior to commingling any Resources under this Agreement, all equipment and property with a value of more than $1,000.00 used in the performance of this Agreement shall be appropriately marked and inventoried by the contributing Agency. Ownership of Resources shall remain with the Agency that purchases or provides the Resource. Jointly owned resources, if any, may be purchased pursuant to a separate agreement by the Agencies, and shall be listed in a schedule of joint resources "Joint Resources" that shall be m a i n t a i n e d b y t h e F i s c a l A g e n t The ownership and distribution of j ointly owned resources shall be governed by the following paragraphs: 5.1. The ownership of Joint Resources acquired after the execution of this agreement shall be documented on the schedule of Joint Resources maintained by the Fiscal Agent. Such Joint Resources shall be owned by the Agencies to this agreement in proportion to the financial and in -kind contribution of each Agency in the year of acquisition of such Resources "Ownership Share." 5.2. If this agreement is terminated as to all Agencies the depreciated value of the Joint Resources acquired under the terms of this agreement shall be divided in accordance with the Ownership Shares. 5.3. In the event an Agency withdraws from this Agreement, such Agency shall be entitled to receive the depreciated value of its Ownership Share in the Joint Resources as determined in the sole reasonable discretion of the Administrative Board. 6. Personnel. Each Agency shall cooperate with the Administrative Board and shall allow its employees and volunteers ("Training Personnel") to perform the functions as assigned by the Training Chief exercising authority under this Agreement. 6.1. The Training Chief shall have the authority to determine the working location and conditions for Training Personnel when assigned to the Training Division. Through the joint decision - making process as defined herein, the Agencies may be asked to fill positions or roles not currently staffed within any of the Agencies. Such assignments, if they do not create additional financial responsibilities or litigation impacts for an Agency, shall be controlled by the Administrative Board and shall not require further approval by any Agency. 6.2. Each Agency shall remain as the employer of its own Training Personnel and shall be responsible for establishing and paying Training Personnel compensation and benefits. 6.3. It is understood by the Agencies that the services provided by Training Personnel pursuant to this Agreement will mutually benefit each Agency in proportion to the benefits received by Training Consortium Interlocal Agreement —Page 5 that Agency. 6.4. The Administrative Board shall establish the chain of command for Training Personnel under this Agreement. However, the responsibility for hiring, evaluating, firing and disciplining Training Personnel shall remain with the employing Agency. An employing Agency may seek input from the Administrative Board in hiring, evaluating, firing or disciplining Training Personnel, but such guidance shall be optional and nonbinding on the Agency seeking guidance. 6.5. Training Personnel filling a shared functional position will be provided an explanation of roles, responsibilities, duties and expectations of the shared position prepared by the Training Chief. 6.6. To the extent this Agreement would result in any personnel changes that affect the wages, benefits or working conditions of any represented employees, the Training Chief shall assist the governing body of the affected employing Agencies and the affected bargaining units to address such impacts prior to the implementation of the change. 7. Training Consortium Chief 7.1. The agency that employs the Training Chief that is appointed by the Administrative Board agrees to staff the Training Consortium Chief position. The agencies intend that the best candidate will be selected by the Administrative Board to serve as the Training Consortium Chief as contemplated by this Agreement. In recognition of this understanding the parties agree to work cooperatively in accordance with the following provisions to assist the Agency that employees the Training Chief in maintaining and rotating this position within the Training Consortium Agencies. (a) The agency that employs the Training Chief will remain the employer of the Training Chief. Accordingly, that Agency shall be solely responsible for all matters related to the Training Chief s human resource management, performance appraisals, employee relations, work related practices, performance effectiveness and responsiveness, conformance with Consortium expectations, and discipline. The Administrative Board will also provide feedback concerning the performance of the said Training Chief to the Agency that is the employer of the Training Chief. 8. Insurance 8.1. The Agencies shall each provide and maintain suitable commercial general liability and auto liability insurance policies to protect it from casualty losses by reason of the activities contemplated by this Agreement. The limits of liability for each coverage shall be at least $2,000,000 for each occurrence. Each Agency shall provide the Consortium with a Certificate of Liability Insurance or Evidence of Coverage, which the Fiscal Agent shall maintain on file, provided that any Agency that is self -insured will provide a letter of self-insurance as evidence of coverage. 9. Indemnification 9.1. Each Agency shall be responsible for the wrongful or negligent actions of its employees while participating in this Agreement, as their respective liability shall appear under the laws of the State of Washington and/or Federal Law, and this Agreement is not intended to diminish or Training Consortium Interlocal Agreement —Page 6 expand such liability. Provided, however, each Agency, by executing this Agreement hereby expressly appoints the Consortium Training Chief as its limited attorney in fact with the limited express authority to enter into and bind the Agency to liability waivers, indemnification or hold harmless agreements or releases required by third parties for the use of any training facilities, training props or private property necessary for the conduct of Training Consortium operations. 9.2. To that end, each Agency promises to indemnify, defend and hold harmless all the other Agencies from any loss, claim or liability arising from or out of the negligent or otherwise tortious actions or omissions of its employees, officers and officials. Such liability shall be apportioned among the Agencies or other at fault persons or entities in accordance with the laws of the State of Washington. Each agency shall be solely responsible for its own attorney fees and any litigation related costs. 9.3. Nothing herein shall be interpreted to: (a) Waive any defense arising out of RCW Title 51, provided; however, each Agency agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Agency's immunity under Washington's Industrial Insurance Act, RCW Title 51, with respect to the other Agencies only, and only to the extent necessary to provide each Agency with a full and complete indemnity of claims made by the other Agency's employees. The Agencies acknowledge that these provisions were specifically negotiated and agreed upon by them. (b) Limit the ability of a participant to exercise any right, defense, or remedy which an Agency may have with respect to third party Agencies or the officer(s) whose action or omission give rise to loss, claim or liability, including but not limited to an assertion that the employee was acting beyond the scope of his or her employment. (c) Cover or require indemnification or payment of any judgment against any individual or Agency for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or Agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment, fine or sanction is rendered and/or his or her employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. 10. Dispute Resolution. 10.1. Prior to any other action, the Administrative Board shall meet and attempt to negotiate a resolution to any dispute arising under this agreement. 10.2. If the parties are unable to resolve the dispute through negotiation, any party may demand mediation through a process to be mutually agreed to in good faith between the parties within 30 days. The parties shall share equally the costs of mediation and shall be responsible for their own costs in preparation and participation in the mediation, including expert witness fees and reasonable attorney's fees. Training Consortium Interlocal Agreement —Page 7 10.3. If a mediation process cannot be agreed upon or if the mediation fails to resolve the dispute, then within 30 calendar days any party may submit the matter to binding arbitration according to the procedures of the Superior Court Rules for Mandatory Arbitration, including the Local Mandatory Arbitration Rules of the Kitsap County Superior Court, Kitsap County, Washington, as amended, unless the parties agree in writing to an alternative dispute resolution process. The arbitration shall be before a disinterested arbitrator with both parties sharing equally in the cost of the arbitrator. The location of the arbitration shall be mutually agreed or established by the assigned Arbitrator, and the laws of Washington will govern its proceedings. Each party shall be responsible for its own costs in preparing for and participating in the arbitration, including expert witness fees and reasonable attorney's fees. 10.4. Unless otherwise agreed in writing, this dispute resolution process shall be the sole, exclusive and final remedy to or for any party for any dispute regarding this Agreement, and its interpretation, application or breach, regardless of whether the dispute is based in contract, tort, any violation of federal law, state statute or local ordinance or for any breach of administrative rule or regulation and regardless of the amount or type of relief demanded. 11. Term of Agreement 11.1. In the event any Agency shall desire to renegotiate any of the provisions of this agreement, such Agency shall give one-year advance written notice to the other Agencies. The written notice shall specify the provision to be negotiated, the requested change and the reasons therefore. Such requests to renegotiate shall not be considered a notice of termination. 11.2. This agreement shall be effective on January 1, 2021 and shall continue for a term of three (3) years. 12. Termination/Withdrawal 12.1. Any Agency may withdraw from this Agreement and end its participation in the Consortium at the end of any calendar year by filing a notice of termination with the Administrative Board. However, any Agency withdrawing from this Agreement shall provide its notice of termination no later than August 31 ' of the year prior to the Agency's withdrawal. Any Agency that provides notice of termination after August 31 St shall be required to fully contribute its portion of the Consortium funding for the following calendar year, regardless if the Agency participates in Consortium activities. In the event an Agency terminates its participation under this paragraph but the remaining Agencies continue the Agreement, the Agency that terminated its participation shall be considered a withdrawing Agency that is not entitled to any refund of its prior contributions, but it shall be entitled to reimbursement of its depreciated share of any Jointly Owned Resource and return of any equipment or property owned by the Agency and used by the Consortium under this agreement. 12.2. This agreement may be terminated by consensus of a majority of the Agencies, effective the end of any calendar year, upon giving written notice thereof to the other Agencies by August 31 st of the preceding year. In the event of a termination under this paragraph any Joint Resources shall be allocated among the parties in the manner specified in Section 5. Training Consortium Interlocal Agreement —Page 8 12.3. If an Agency consolidates with another municipal or local government entity through merger, annexation, or through the creation of a Regional Fire Protection Authority, the consolidated entity shall become an Agency to this Agreement and a successor in interest to the Agency's interest on the effective date of the consolidation without any action by the remaining Agencies, unless otherwise required. 13. Additional Agencies. 13.1. Additional Agencies may join the Kitsap County Fire Training Consortium when approved by a majority vote of the Administrative Board and upon approval and execution of this Interlocal Agreement. 13.2. The Administrative Board may authorize one year "Associate Agency" Interlocal Agreements with municipal corporations for one-year trial participation in the Kitsap County Fire Training Consortium. Such Associate Agencies shall be required to agree to the indemnification, insurance and personnel provisions of this Agreement and to contribute financially in accordance with the financial terms in Paragraph 4 but shall have no interest in joint resources and no administrative or decision -making authority. 14. Miscellaneous 14.1. Notices. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective upon personal service or three (3) business days after the date of mailing by registered or certified mail via the United States Postal Service and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 14.2. Benefits. This Agreement is entered into for the benefit of the Agencies to this agreement only and shall confer no benefits, direct or implied, on any third persons. 14.3. Severability. If any provision of this agreement or its application is held invalid, the remainder of this Agreement shall not be affected. 14.4. Amendments. This Agreement represents the entire agreement of the Agencies regarding the subjects addressed herein. Amendments to this Agreement may be proposed by the Administrative Board or by any Agency to the Agreement. To become binding, Amendments must be made in writing and must be recommended for approval by the Administrative Board and approved by the unanimous consent of the Agencies to the Agreement. In the event that changes in federal or state law or changes in the boundaries of any or all Agencies significantly affect the performance of any Agency, the Agencies agree to enter into good faith negotiations so that continuation of the operations of the Training Consortium are not impaired. 14.5. Agreement To Be Filed With County Auditor or Published On Web Site. Pursuant to RCW 39.34.040, this Interlocal Agreement shall be filed by the Parties with the Kitsap County Auditor as soon as reasonably practical after its execution, or in the alternative, listed according to subject by each Party on its web site or other Training Consortium Interlocal Agreement —Page 9 electronically retrievable public source. Thereafter, each Party shall notify the other of the method by which it published this Agreement (by either recording it or listing it on its web site) and provide to the other all pertinent information relating thereto. 14. Execution. 14.6. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Agencies by the signatures of their authorized representatives have executed this Agreement effective upon the date of signatures. [The remainder of this page is left blank intentionally] Training Consortium Interlocal Agreement —Page 10 [The following pages are the signature pages] Training Consortium Interlocal Agreement —Page 11 BAINBRIDGE ISLAND FIRE DEPARTMENT, KITSAP COUNTY, WASHINGTON ff 41�- 1Z HANK TERAN Fire Chief [signatures continued on following pages] Training Consortium Interlocal Agreement —Page 12 BREMERTON FIRE DEPARTMENT, KITSAP COUNTY, WASHINGTON i Greg WheelerDigitally signed by Greg Wheeler Date: 2021.04.23 15:30:28-07'00' Greg Wheeler Mayor BY: PATRieiMcGANNEY Fire Chief [signatures continued on followingpages] Training Consortium Interlocal Agreement —Page 13 CENTRAL KITSAP FIRE AND RESCUE, KITSAP COUNTY, WASHINGTON BY: JOHN OLIVER Fire Chief [signatures continued on following pages] Training Consortium Interlocal Agreement —Page 14 NORTH KITSAP FIRE AND RESCUE, RM [signatures continued on following pages] WASHINGTON Fire Chief Training Consortium Interlocal Agreement —Page 15 POULSBO FIRE DEPARTMENT, KITSAP COUNTY, WASHINGT.ON BY:100 JIM GILLARD Fire Chief [signatures continued on following pages] Training Consortium Interlocal Agreement —Page 16 SOUTH KITSAP FIRE AND RESCUE, KITSAP COUNTY, WASHINGTON BY: Jeff Faucett Fire Chief Training Consortium Interlocal Agreement —Page 17