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HomeMy WebLinkAboutCOW 2022-02-28 Item 4B - Interlocal Agreement - Fire Investigation Services with Puget Sound Regional Fire AuithorityCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 2/28/22 JCW 3/7/22 JCW ITEM INFORMATION ITEM No. 4.B. STAFF SPONSOR: JAY C WITTWER ORIGINAL AGENDA DATE: 2/28/22 AGENDA ITEM TITLE Interlocal Agreement for Fire Investigation Services CATEGORY ® Discussion Mtg Date 2/28/22 ® Motion Mtg Date 3/7/22 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ® Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S SUN\ L RY The Fire Department has developed an ILA with Puget Sound Regional Fire Authority (PSRFA) concerning fire investigation services. The process will assign one FTE from the Fire Marshall Office to the new fire investigation team being formed to service the communities of Tukwila, Kent and other communities that are served by PSRFA. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 1/24, 2/14 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Fire Department COMMII IEE Unanimous Approval; Forward to Committee of the Whole and Special COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $o AMOUNT BUDGETED $o APPROPRIATION REQUIRED $o Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/28/22 3/7/22 MTG. DATE ATTACHMENTS 2/28/22 Informational Memorandum updated February 4, 2022 Interlocal Agreement Minutes from the February 14, 2022 Community Services & Safety Committee meeting 9 10 TO: FROM: 111111111111111111 City of Tukwila Jay C Wittwer, Fire Chief Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Community Services & Safety Committee Jay C. Wittwer, Fire Chief Norm Golden, Deputy Chief BY: Jay C. Wittwer, Fire Chief CC: Allan Ekberg, Mayor, David Cline, City Administrator DATE: 01/16/2022 02/04/2022 (update) SUBJECT: Interlocal Agreement (ILA) for Fire Investigation Services CURRENT STATUS Fire Investigation to determine the origin and cause of every fire is mandated by law. Incendiary and suspicious fires are then referred to Law Enforcement for follow up investigations. Fire Investigations in Tukwila is conducted by the Tukwila Fire Marshal's Office (FMO) using the Fire Marshal, or one of the two Deputy Fire Marshals. It is difficult to plan for fire investigation needs as fires are unplanned events. This disrupts the scheduled inspections and meetings that support development/code enforcement. Tukwila has about 75 fire investigations for Origin and Cause each year. The regular caseload for an experienced fire investigator is between 60-70 cases per year. Puget Sound Regional Fire Authority (PSRFA) is restructuring their Fire Investigation team and is open to a joint effort to better address this dynamic need. There is an opportunity to join PSRFA to provide origin and cause investigation services to both PSRFA and the City of Tukwila. A one- year trial period would provide a chance to see if this model is a more sustainable procedure for fire investigation in the City of Tukwila. DISCUSSION An Interlocal Agreement (Collaborative Services Agreement) will be shared with CSS next month. The following has been agreed to between the parties with the following terms: • One-year agreement for 2022, renewable for consecutive years (in the event further consolidation does not occur). • PSRFA provides origin/cause fire investigations to the City of Tukwila, and partners with law enforcement (Tukwila PD, KCSO, ATF) as needed to assist with the investigation of incendiary fires in the city. • Tukwila Fire provides one Full Time Position (FTE) Captain Aaron Johnson to the PSRFA fire investigations unit. o Captain Johnson remains an employee ofTFD; he will work 4 'tens' out of PSRFA Station 74 under the direction of Fire Investigation Unit supervisor Ken Goll. Page 1 of 2 11 o Captain Johnson may work out of TFD whenever it suits his needs and the needs of the unit. • All PSRFA investigators, including Captain Johnson, will investigate fires throughout the RFA's service area and in the city of Tukwila. They will share in the associated 'standby' burden. • TFD will continue to provide a vehicle, portable radio, uniforms, etc. • PSRFA will provide a laptop / connectivity and office space at station 74. • The Tukwila FTE assigned will report to the Fire Chief Directly with any City of Tukwila specific issues. • This agreement will benefit both agencies and others that may join in the future, as it will provide for a sustainable model for fire investigation services. • The expectations include 24/7 coverage for fire investigations and that all current reports / processes will continue with this agreement. View ILA document under Services 1.1 through 1.7 that defines services and a 24/7 (standby) coverage. Currently Tukwila Fire Department is not staffed sufficiently to handle the workload of fire investigations. As of this year we have had approximately 80 fire investigations, that have come in groups. All fire investigators in the FMO are working on investigations while trying to balance their other schedule. A dedicated fire investigator will bring a more experienced level of investigations to our community as well as eliminate the impacts of investigations on the other services of the FMO. FINANCIAL IMPACT No new financial impacts. Staffed with one FTE from the current assignment to the FMO. No other financial impact will be incurred outside of the discussion points above. RECOMMENDATION Staff recommends this Interlocal Agreement be forwarded to the February 28, 2022 Committee of the Whole and March 7, 2022 Regular Meeting. ATTACHMENTS ILA has gone through a legal review and approved by both agencies. 02.12.22 ILA 12 Page 2 of 2 COLLABORATIVE SERVICES AGREEMENT This Agreement is entered into between Puget Sound Regional Fire Authority a municipal corporation, hereafter referred to as "Puget Sound Fire", and the City of Tukwila a municipal corporation, hereafter referred to as "Tukwila." RECITALS 1. This agreement is entered into under the authority of RCW 52.12.031 and in conformity with chapter 39.34 RCW, the Interlocal Cooperation Act. 2. The Puget Sound Fire and Tukwila currently maintains and operates their own fire based operations to provide fire protection, fire suppression and emergency medical services in their respective areas. 3. It is recognized that Tukwila and Puget Sound Fire have personnel that are performing similar tasks on a daily basis and that have varied talents, skills, and expertise; and by allowing the personnel to coordinate and collaborate, the skills and abilities of the individuals could be used in a manner that increases the level of service and care provided to the citizens of both parties. 4. Both parties desire to provide fire and emergency medical services at the highest possible efficiency 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 parties desire to cooperate and to coordinate programs, projects, and services while providing, maintaining or enhancing the service levels established by the governing body of each party. 6. The parties have concluded that collaboration would provide the highest level of service with the least duplication and cost and allow for the completion of functions not possible within current funding. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and benefits contained herein, it is agreed between the parties as follows: 1. Scope of Agreement 1.1. The scope of this Agreement includes fire and emergency medical services and intentionally allows for collaboration in the delivery of such services, through collaborative projects, programs, using combined resources and personnel. (collectively referred to as "Collaborative Activities") 1.2. Each entity shall retain full authority for and jurisdiction over such issues as boundaries, elections, and budgets and other matters not specifically addressed in this Agreement. 1.3. The Fire Chiefs of Puget Sound Fire and Tukwila shall determine, identify and implement Collaborative Activities under this Agreement by identifying the scope of the Collaborative Activity and the budgetary needs of the Collaborative Activity in the form of Collaborative Activities Exhibits to this Agreement. Collaborative Activities Exhibits shall become a binding part of this Agreement upon approval by the Puget Sound Fire and Tukwila legislative bodies. 1 13 Each Collaborative Activities Exhibit shall be independently subject to the termination provisions in Section 2 unless a different termination period is specified in the Collaborative Activities Exhibit. 1.4. The initial Collaborative Activities Exhibits to this Agreement are: 1.4.1. Exhibit A — FIRE INVESTIGATIONS 1.5. Both parties shall maintain a duplicate original of this Agreement with all current and future Collaborative Activities Exhibits attached. 2. Term. This Agreement and Collaborative Activities Exhibits shall be effective on execution by both parties and shall continue until either party shall give to the other 30 days written notice of termination of the Agreement or on December 31, 2022, whichever occurs sooner. 3. Employment Status. 3.1. Puget Sound Fire Personnel. Puget Sound Fire personnel who provide services under this Agreement shall remain personnel of Puget Sound Fire and shall not be considered personnel of Tukwila. Puget Sound Fire shall, at all times, be solely responsible for the conduct of its personnel in performing the services called for in this Agreement and shall be solely responsible for all compensation, benefits and insurance for its personnel. Puget Sound Fire personnel shall not be entitled to any benefit provided to personnel of Tukwila. 3.2. Tukwila Personnel. Tukwila personnel who provide services under this Agreement shall remain personnel of Tukwila and shall not be considered personnel of Puget Sound Fire. Tukwila shall, at all times, be solely responsible for the conduct of its personnel in performing the services called for in this Agreement and shall be solely responsible for all compensation, benefits and insurance for its personnel. Tukwila personnel shall not be entitled to any benefit provided to personnel of Puget Sound Fire. 4. Finances. Each party shall remain responsible for the financial operation of its own Fire Department, the preparation of its budget and the levying of its tax levy and benefit charge. The parties recognize that each party will be contributing a similar amount of resources to the identified Collaborative Activities and neither party will seek additional compensation from the other unless such additional compensation is specifically identified in a Collaborative Activities Exhibit. 5. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. This provision shall survive the expiration of this Agreement. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. 6. Insurance. Each of the parties shall provide insurance coverage for all operations, facilities, equipment and personnel of its agency. Each party shall furnish to the other party appropriate documentation showing that such coverage is in effect. 2 14 7. Dispute Resolution. 7.1. Prior to any other action, the parties shall meet and attempt to negotiate a resolution to such dispute. 7.2. If the parties are unable to resolve a dispute regarding this Agreement through negotiation, either 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 each party shall be responsible for their own costs in preparation and participation in the mediation, including expert witness fees and reasonable attorney's fees. 7.3. If a mediation process cannot be agreed upon or if the mediation fails to resolve the dispute then, within 30 calendar days, either party may submit the dispute to 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 selected pursuant to the Mandatory Arbitration Rules 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. 7.4. Following the arbitrator's issuance of a ruling/award, either party shall have 30 calendar days from the date of the ruling/award to file and serve a demand for a bench trial de novo in the King County Superior Court. The court shall determine all questions of law and fact without empanelling a jury for any purpose. If the party demanding the trial de novo does not improve its position from the arbitrator's ruling/award following a final judgment, that party shall pay all costs, expenses and attorney fees to the other party, including all costs, attorney fees and expenses associated with any appeals. 7.5. Unless otherwise agreed in writing, this dispute resolution process shall be the sole, exclusive and final remedy to or for either 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. 8. Miscellaneous: 8.1. Administration. This Agreement shall be administered by the Fire Chiefs or Designees. 8.2. Property Ownership. This Agreement does not provide for jointly owned property unless specific provision is made for joint ownership in a Collaborative Activities Exhibit. All property presently owned or hereafter acquired by a party to enable it to perform the services required under this Agreement, shall remain the property of the acquiring party in the event of the termination of this agreement. 8.3. Notices. All notices, requests, demands and other communications required by this agreement shall be in writing and, except as expressly provided elsewhere in this agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing 3 15 if mailed by first class, postage pre -paid and addressed to the party at its address as stated in this agreement or at such address as any party may designate at any time in writing. 8.4. Severability. If any provision of this agreement or its application is held invalid, the remainder of the agreement or the application of the remainder of the agreement shall not be affected. 8.5. Modification. This agreement represents the entire agreement between the parties. No change, termination or attempted waiver of any of the provisions of this agreement shall be binding on either of the parties unless executed in writing by authorized representatives of each of the parties. The agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the parties. 8.6. Benefits. This agreement is entered into for the benefit of the parties to this agreement only and shall confer no benefits, direct or implied, on any third persons. 8.7. Non -Exclusive Agreement. The parties to this agreement shall not be precluded from entering into similar agreements with other municipal corporations. 8.8. Filing/Web Site. Filing/Web Site. This Agreement shall either be filed with the County Auditor or by listing on either of the party's websites in accordance with RCW 39.34.040. PUGET SOUND REGIONAL CITY OF TUKWILA FIRE AUTHORITY By: By: Matthew Morris, Fire Chief Allan Ekberg, Mayor DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 16 4 EXHIBIT A FIRE INVESTIGATIONS 1. Services. 1.1. Puget Sound Fire shall provide origin/cause fire investigations to Tukwila. Including 24/7 (standby) fire investigation coverage. 1.2. Tukwila shall provide law enforcement support to Puget Sound Fire as needed to assist with the investigation of incendiary fires in Tukwila. 1.3. Tukwila shall provide one FTE (at the rank of Captain) to the Puget Sound Fire fire investigations unit. 1.4. The Tukwila Captain will work 4 'tens' out of Puget Sound Fire station 74 under the direction of Puget Sound Fire unit Captain. 1.5. The Tukwila Captain may work out of Tukwila facilities as necessary to promote efficiency of the Captain's time and the needs of the fire investigations unit. 1.6. All Puget Sound Fire investigators, including the Tukwila Captain, will investigate fires throughout Puget Sound Fire's service area and in Tukwila without regard to political boundaries. All investigation service priorities shall be equitable between Tukwila and Puget Sound Fire. 1.7. All Puget Sound Fire investigators, including the Tukwila Captain, shall share in the associated 'standby' burden. 1.8. Tukwila will continue to provide the Tukwila Captain a vehicle, portable radio, uniforms, etc. Puget Sound Fire will provide a laptop / connectivity and office space at Puget Sound Fire station 74. 1.9. Puget Sound Fire shall provide a monthly report, in a format mutually agreeable to both Puget Sound Fire and Tukwila, of all fire investigations performed, including but not limited to the status and disposition of each fire investigation. 2. Compensation. 2.1. Tukwila's provision of the Tukwila Captain constitutes adequate consideration for the services provided by Puget Sound Fire, and Puget Sound Fire's services to Tukwila provide adequate consideration for Tukwila's assignment of the Tukwila Captain to the Puget Sound Fire fire investigations unit. 3. Term. 3.1. The term of this Exhibit shall be for one calendar year from January 1, 2022 through December 31, 2022. Exhibit A 17 18 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes February 14, 2022 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Staff Present: Guest: Kathy Hougardy, Chair; Mohamed Abdi, Tosh Sharp David Cline, Jay Wittwer, Eric Dreyer, Eric Lund, Laurel Humphrey, Tracy Gallaway, John Dunn, Jackie Harris Katrina Dohn, resident Chair Hougardy called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: Summer Experiences & Enrichment for Kids Fund Staff is seeking Council approval of a contract with Association of Washington Cities to receive Summer Experiences & Enrichment for Kids (SEEK) grant funding for three programs: Summer Recreation Scholarship Program ($100K), Outdoor Recreation Program ($115,000) and Youth Ecology & Restoration Stewards Program ($66,440). Items) for follow-up: • Clarify budget details for the Youth Ecology & Restoration Stewards program. Committee Recommendation: Unanimous approval. Forward to February 28, 2022 Special Consent Agenda. Interlocal Agreement: Fire Investigator Services Staff is seeking approval of the final Interlocal Agreement. Committee Recommendation: Unanimous approval. Forward to February 28, 2022 Committee of the Whole. C. Police Department Co -Responder Program Committee members and staff discussed the program, which is intended to put troubled non- violent people in the hands of behavioral health professionals and divert them from hospitalization or jail into support services. Items) for follow-up: • Evaluate considerations of5th Amendment rights as part of pilot program. Committee Recommendation: Discussion only. 19