HomeMy WebLinkAbout20-039 - South King County Fire Training Consortium - Interlocal Agreement20-039
Council Approval 5/4/20
South King 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
This agreement is entered into in conformity with chapter 39.34 RCW, the lnterlocal 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 South King 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.
2. Governing Structure of Training Consortium
Training Consortium Interlocal Agreement —Page 1
o 2_ 0i4t,
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; and
(iv) Communicating with the governing bodies of the Agencies to this Agreement.
(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 insure the training curriculum is consistent with
Agency operations.
(iv) A designee from the Operations Chiefs in each of zone 1 and zone 3 shall report
directly to the Administrative Board.
2.3. Training Consortium Chief.
Training Consortium Inter1oca1 Agreement —Page 2
(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:
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
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 treas 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 or fax prior to the meeting or by providing a written proxy to
another Chief attending the meeting.
Training Consortium Inter1oca1 Agreement —Page 3
4. Fiscal Arrangements
4.1.. The Puget Sound RFA shall be the entity that manages the finances of the Training
Consortium as part of the Puget Sound RFA' s annual budget.
4.2. On or about August 1.s' 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 average
costs of a Puget Sound RFA Battalion Chief, Captain and Firefighter respectively.
NI Administrative Costs. The amotutt shall cover the Puget Sound RFA'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 amotmt shall cover the Puget Sound RFA'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 South King County Fire Training
Consortium facility lease and related expenses, as well as costs associated with the use
of Training facilities.
(e) Cost Per Member. FfE Cost +Administrative Costs + Supplies and Maintenance Costs
+ Facility Costs/Total number of unformed members having the rank of Battalion Chief
or below = Cost per Member.
(f)
(g)
Annual Agency Cost. The Annual Agency Cost shall be based upon the agency's
number of unformed members having the rank of Battalion Chief or below for the
budget cycle.
The Annual Agency Cost may be satisfied by contributions of personnel (at the F717.1E
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'
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.
Training Consortium Inter1ocal Agreement —Page 4
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 Puget Sound RFA on or before February 1 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 Sl.„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 EXHIBIT A to this Agreement "Joint Resources." The
ownership and distribution of jointly 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 Exhibit A. 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
decisionmaking 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
that Agency.
Training Consortium Inter1oca1 Agreement —Page 5
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. 717o 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 hire and 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
:72,000,M° for each occurrence. Each Agency shall provide the Consortium with a Certificate
of Liability Insurance or Evidence of Coverage, which the PSRFA 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
Training Consortium Inter1oca1 Agreement —Page 6
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
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.
NI 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.
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.
1.0.1.. Prior to any other action, the Administrative Board shall meet and attempt to negotiate a
resolution to any dispute arising under this agreement.
Training Consortium Inter1oca1 Agreement —Page 7
1.0.2. 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.
. 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 King County Superior Court, King 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.
1.0.4. 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
1.1.1.. 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.
1.1..2. This agreement shall be effective on January .1.„ 202.0 and shall continue for a term of three (3)
years.
12. Termination/Withdrawal
1.2.1.. Any Agency may withdraw from this Agreement at the end of any calendar year by filing with
the Administrative Board a notice of termination by December 31.st of the preceding calendar
year. 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.
1.2.2. 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 July .1.
Training Consortium Inter1oca1 Agreement —Page 8
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.
. 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.
1.3.1.. Additional Agencies may join the South King 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 South King 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
1.4.1.. 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.
1.4.2. 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.
1.4.4. 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. 717o 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.
15. Execution.
Training Consortium Inter1oca1 Agreement —Page 9'
1.5.1.. 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.
SIGNATURE PAGES FOLLOW
Training Consortium Inter1oca1 Agreement —Page 10
Puget Sound Regional Fire Authority
By: Matthew L Morris
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Signature:
Date: 01/16/2020
Approved
as to
Form:
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Brian Snure
Attorney for RFA
Renton Regional Fire Authority
Rick Marshall
By:
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Signature:
01 /16/2020
Date:
City of Tukwila
By: Allan Ekberg
Signature:
5/114 ZOZO
Date:
Attest:
Christy O'Flaherty
City of Tukwila City Clerk
Approved
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Key mar.a127da59,,,w0,1takiatriaaaa7aa
Form:
Michael Kenyon
City of Tukwila Attorney
Tukwila Fire Department
By: Jay Wittwer
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527,71,1,5101aPaatal7140,3,a2a,
Signature:
Date: 03/26/2020
Training Consortium lnterlocal Agreement —Page 11
King County Fire District #2
By: Mike Marrs
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Signature:
Date: 01/28/2020
South King Fire & Rescue
By: Vic Pennington
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Signature:
Date: 03/06/2020
Valley Regional Fire Authority
By: Brent Swearingen
Signature:
Date: 03/09/2020
'11
Vashon Island Fire and Rescue
By: Charles Krimmert
Signature:
Date: 03/24/2020
Eastside Fire & Rescue
By: Jeff Clark
Signature:
y. 0 39.r
Date: 03/24/2020
Snoqualmie Fire Department
By: Mark Correira
CM'a Oa t et:4"a
Signature:
03/24/2020
Date:
Training Consortium Inter1oca1 Agreement —Page 1.2
King County Fire District #28
By: Randy Fehr
Signature:
67e/t/c,
03/09/2020
Date:
King County Fire District #44
By: Greg Smith
Signature:
Date: 03/23/2020
City of Snoqualmie
Jodi Warren
By:
Signature:
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Date: 03/26/2020
King County International Airport Fire
Department
By: Greg Thomas
Signature:
Date: 03/26/2020
King County Fire District #20
By: Eric Hicks
Signature:
6?--16
Date:
Training Consortium Inter1oca1 Agreement —Page 1.3
EXHIBIT A
JOINTLY OWNED RESOURCES
Training Consortium Inter1oca1 Agreement —Page 14