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HomeMy WebLinkAboutRes 1037 - Interlocal Agreement - Fire and Emergency Medical Services �9oa CITY OF TUKWILA WASHINGTON RESOLUTION NO. 1037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING AN AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES AND JOINT OPERATION OF FACILITIES BETWEEN THE CITY OF TUKWILA AND KING COUNTY FIRE PROTECTION DISTRICT NO. 1, AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT WHEREAS, The City of Tukwila and King County Fire Protection District No. 1 currently each maintain and operate their own fire departments to provide fire protection, fire suppression and emergency medical services in their respective areas, and WHEREAS, the District desires to contract with the City for the City to provide fire prevention, suppression and medical aid services to the area within the boundaries of the District, and WHEREAS, the City and the District have negotiated a mutually advantageous agreement to provide said services, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section 1. Approval of Agreement and Authorization to Execute. The City Council hereby approves that certain document entitled "Agreement for Fire and Emergency Medical Services and Joint Operation of Facilities" in the form attached hereto as Exhibit A and incorporated herein with this reference as if set forth in full. The Mayor of the City is hereby authorized to execute, and the City Clerk to attest to, said Agreement. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA WASHINGTON, at a regular meeting thereof this o 2 3 day of 1987. y o an, CounceLp %esident Approved as to Form ttest /Authenticated Offic of the City tto ey Maxine Anderson, City Clerk Filed with the City Clerk: 3- ap-87 Passed by the City Council: Resolution No. /0_37 /?e S. /Oil Ak C FILE DATE 4�- EXHIBIT "A" W. e AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES AND JOINT OPERATION OF FACILITIES This agreement is entered into between the CITY OF TUKWILA, a municipal corporation, hereafter referred to as "City" and KING COUNTY FIRE PROTECTION DISTRICT NO. 1, a municipal corporation, hereafter referred to as "District A. This agreement is entered into by the City under the authority of RCW 35A.11.040 and the District under the author- ity of RCW 52.12.031 and in conformity with RCW 39.34, the Interlocal Cooperation Act. B. The District and the City currently each maintain and operate their own fire departments to provide fire protection, fire suppression and emergency medical services in their respective areas. C. The District intents to contract with the City for the City to provide fire prevention, suppression and medical aid services to the area within the boundaries of the District. D. It is the purpose of this agreement to provide the terms and conditions under which the City will provide services to the District. To carry out the purposes of this agreement and in con- sideration of the benefits to be received by each party, it is agreed as follows: 1. Term. This agreement shall be effective on April, 1 1987 and shall continue for a term of ten years; provided however, that either party may terminate this agreement by giving to the other party two years written notice of such intention to terminate, or upon annexation of the District in whole or in part by any municipality. 2. Services to be provided by City. The City agrees to furnish fire and emergency medical protection to all properties and persons presently within or which may be annexed to the District including all District owned or leased real and per- sonal properties. Such fire and emergency medical protection shall be rendered on the same basis as such protection is rendered to other areas within the City or with which the City has contracts, but it assumes no liability for failure to do so by reason of any circumstances beyond its control and in the event of simultaneous fires or emergency medical calls within the City and outside of the City whereby facilities of the City 1 are taxed beyond its ability to render equal protection, the officers and agents of the City shall have discretion as to which call shall be answered first and shall be the sole judge as to the most expeditious manner of handling and responding to said calls. The City shall furnish all personnel required to perform the services described above. 3. Payment by District. The District agrees to levy the maximum regular tax rate permitted by statute, subject to RCW 84.55.010, the 106% tax lid limitation, on taxable property located within the District. From the annual revenue received by the District from tax levies and from all other sources the District shall retain sufficient funds for the payment of the following District operating expenses: 1. Commissioner's fees pursuant to RCW 52.14.010. 2. Membership fees for state and local municipal corp- oration associations and commissioners associations. 3. Commissioners travel expenses and expenses incurred in attending meetings, legislative and administrative hear- ings and all other such functions. 4. Insurance premiums. 5. Attorneys, accountants, auditors and investment officers fees and costs. 6. Election expenses. 7. Costs for obtaining inspections and permits. 8. Maintenance and operational expenses for District equipment not maintained by the City. 9. Payroll and associated employee benefits, costs and expenses for one (1) full time, full paid District employee. 10. Such other reasonable and necessary expenses as may be incurred from time to time by the District and its Board of Commissioners. From the remainder of the District annual revenue, the Dis- trict shall retain a sum not to exceed ten percent (10 of the total annual revenue, to be accumulated in a reserve fund to be expended by the Board of Commissioners for the purchase, lease and installation of capital equipment and facilities, the pur- chase of land, the repair and improvement of District assets 2 and unforseen emergency or extraordinary expenses. The deter- mination of the amount of the retainage to be held by the Dis- trict each year shall he based on the District's ability to pay its portion of the direct and indirect costs of the annual fire protection and emergency medical services provided by the City. It is the purpose of this provision to establish a retainage only in the event that surplus funds are available after pro- vision has been made for all necessary and required operating expenses. In the event that the District shall not have suf- ficient funds out of all regular sources of income available to the District to pay its share of the cost of fire protection services, the Board of Commissioners of the District shall con- sider the feasibilty of submitting an excess levy to the voters of the District. After payment of the District's operating expenses as itemized above, and after retention of the reserve funds, if any, as provided above, the balance of the funds shall be paid to the City each year in semi annual installments on or before June 30 and December 31. It is agreed and understood that if the pay- ments do not cover the actual, reasonable and necessary costs of fire protection services to the District, and that if the additional required revenues are not provided through an approved excess levy, that the services provided by the City to the District shall be reduced to a level commensurate with the funds available, as directed by the District. 4. Property Insurance Coverage. Each party shall provide insurance coverage for all facilities and equipment currently owned or hereafter purchased by such party and used under the terms of this agreement. The District's insurance shall provide coverage for the loss or damage to the District's facilities and equipment. 5. Liability Insurance Coverage. The City shall provide general liability insurance to include errors and ommissions coverage and automobile liability coverage to insure the City and the District for all operations by the City within the District. The City shall provide evidence of insurance to the District. 6. Property Ownership. All property acquired by the District to enable it to perform the services required under this agreement, shall remain the property of the District in the event of the termination of this agreement. All property acquired by the City to enable it to perform the services required under this agreement, shall remain the property of the City in the event of the termination of this agreement. 3 7. Equipment Marking. All equipment and personal prop- erty that has been or will be purchased by the District for use by the City under the terms of this agreement shall be dis- tinctly marked as property of the District. The City shall be allowed to place identification on the station and equipment owned by the District, indicating the operation by the City. All markings shall be in good taste and done at the direction of the Fire Administration. 8. Operation of District Facilities. During the term of this agreement, the City shall have possession of and the right to the use of all District real and personal property; provided however, that the District shall retain the right to use office space, a copy machine and two filing cabinets. The City will maintain a vehicle, which will be available for the Fire Commissioners to use for their business affairs. Attachment 1 to this agreement contains the legal description of the real property referred to above. Attachment 2 to this agreement contains a list of the major equipment and personal property referred to above. 9. Normal Maintenance of District Facilities. All sta- tion facilities owned by and located within the District and all equipment owned by the District shall be maintained by the City. 10. Normal Vehicle Maintenance and Operation. The City shall furnish all required fuel, lubricants and normal service necessary for the proper operation of District equipment used to perform the services to be provided by the City under this agreement. 11. Major Repairs. The District shall be responsible to reimburse the City for all major repairs to its station facil- ities and vehicles. A major repair shall be any single repair that results in a net expense to the City of more than $1,000. 12. Equipment Location. All equipment owned or purchased by the District shall be assigned to and stationed in District stations whenever practicable; provided however, that such equipment may be used for calls within the City and may be temporarily stationed within the City when deemed necessary by the Fire Department Administration. In the event District equipment shall be out of service, the City agrees to tempo- rarily assign and station City equipment in District stations when deemed necessary by the Fire Department Administration. The City Fire Department Administration shall advise the District Board of Commissioners of the permanent assignment and location of all District equipment and shall further advise the 4 Board of any changes in such assignments prior to the time that the permanent change shall become effective. Such notifica- tions shall be made as soon as is practical. 13. Transfer of District Personnel. All paid District employees shall become paid employees of the City. All wages and benefits and other conditions of employment for union per- sonnel will be as set forth in the current labor agreement between IAFF Local 2088 and the City. The City shall be the employer of all personnel required to perform the services pro- vided for in this agreement. The parties agree that no District firefighter shall suffer any diminishment or loss of retirement benefits or rights as a result of the implementation of this agreement, within limits of the laws of the State of Washington. It is further agreed that future medical benefits required by statute to be provided to LEOFF I personnel whose employment is transferred from the District to the City shall be provided jointly by the District and the City. The City agrees to pay 5% of such benefits for each year or any portion of a year that the employee remains in the employment of the City and the District agrees to pay the balance of the required benefits. The salary of the Deputy Chief shall be established by the City Council, following a recommendation by the City Personnel Officer. Benefits will be as presently provided for non represented, exempt employees of the City. The District Fire Chief shall become Deputy Fire Chief to the City, and as such shall be responsible for managing the day -to -day operations of the Fire Department. The City shall retain the right, however, to rotate assignments among fire administrative officers. 14. Termination of Agreement. In the event, as a result of the termination or expiration of this agreement, the City is required to reduce its firefighters, the District agrees that it will hire the firefighter employees laid off by the City, if available, before it employs additional personnel. Chief officers needed by the District shall be selected from existing City staff, if available. 15. Personnel Assignment. The City Fire Department admin- istration shall advise the District Board of Commissioners of the number of personnel assigned to staff District stations and equipment. In the event the City shall determine to make any permanent changes in any such staffing of District stations, the City shall advise the District Board of Commissioners prior to the effective date of such change. 5 16. District Employee. The District shall employ one full time employee. The nature of the position and the job description of the position shall be established by the Board of Commissioners. The employee shall be selected by the Board in accordance with the standards established by the Board of Commissioners and shall report to and act under the supervision of the Board and the Chief. 17. Liability. The City shall, at all times, be solely responsible and liable for the acts or the failure to act of its personnel that occur or arise in any way out of the per- formance of this contract by its personnel only and to save and hold the District and its personnel and officals harmless from all costs, expenses, losses and damages, including cost of defense, incurrred as a result of any acts or omissions of City personnel relating to the performance of this contract. 18. Annual Meeting. The Board of Commissioners of the District and the Mayor shall hold an annual joint meeting to review the operation of the Fire Department during the preceding year and to determine the service levels and equipment to be provided during the next year. The meeting shall be scheduled at an agreeable time on or before July 1 of each year. The City may request special meetings of the Board of Commissioners as the need arises. 19. Commissioner's Meetings. The Mayor of the City or the Mayor's designee or an officer representing the Fire Department Administration may attend all regular and special meetings of the District Board of Commissioners and shall attend such meet- ings when requested by the Board of Commissioners. 20. Modification. This instrument consitutes the entire agreement between the parties and supercedes all prior agree- ments. No modification or amendment shall be valid unless evidenced in writing, properly agreed to and signed by both parties. In the event that either of the parties shall desire to renegotiate any of the provisions of this agreement, such party shall notify the other party in writing of its intent. Such request to renegotiate shall not be considered a notice of termination as provided for in paragraph 1. 21. 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. 6 22. Benefits. This agreement is entered into for the benefit of the parties to the agreement only and shall confer no benefits, direct or implied, on any third persons. 23. 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 if mailed by first class, postage prepaid and addressed to the party at its address as stated in this agreement or at such address as either party may designate at any time in writing. Dated: ._3 ,23 '7 CITY OF TUKWILA AttesaC� Clerk Add res s: GO L -4 a /.C.Ja fie P KG1AGMT8 /86 7 KING COUNTY FIRE PROTECTION DISTRICT NO. 1 C. By x ll� 1 -cf Chair Address: /-2C26 ‘42 .r /','G (i'e /G f By Secretary MEMORANDUM OF AGREEMENT AND UNDERSTANDING THIS MEMORANDUM OF AGREEMENTS AND UNDERSTANDINGS is entered into by and between the City of Tukwila, Washington, hereinafter referred to as the "Employer and the Tukwila Firefighter's Union, Local No. 2088, affiliated with the International Association of Fire Fighters, hereinafter referred to as the "Union WHEREAS, the Employer may contract with King County Fire District No. 1 to provide fire service to the District, and WHEREAS, under terms of the contract the District firefighters could become city employees and as such merged into Local 2088, and, WHEREAS, the parties recognize their obligation to negotiate any changes in wages, benefits and conditions of employment that may result as an effect of the merger, NOW THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD by and between the Employer and the Union that: 1. Preference for Kelly Day Scheduling (Article IX B) shall be granted as follows: Tukwila fire personnel hired prior to 1986 shall have first scheduling preference according to their respective date -of -hire on all shifts. District and other Tukwila fire personnel shall have next scheduling preference according to their respective dates -of -hire. In the case of the same date -of -hire, preference shall go to the employee with the highest test score on the Civil Service Entry Exam. 2. Article XIII. In determining vacation earnings, District employees shall be granted full District and City time -of- fire service credit for all full time employment. 3. Article XVI. District employees shall be reimbursed up to $575.00 for uniforms during the first year of the agreement, and $250.00 yearly thereafter, or as otherwise provided in the labor agreement. 4. Article XVIII. In determining longevity pay, District employees shall be granted full District and City time -of- fire service credit for all full time employment. 5. It is understood that accrued vacation and sick leave benefits of District employees will be carried -over, and that future benefits shall accrue according to the labor agreement between the Employer and Local 2088. 6. It is understood that District employees will be granted full longevity credit as it applies to meeting minimum experience requirements for promotional examinations. Memorandum of Agreement and Understanding November 17, 1986 Page 2 7. It is understood that District employees will enter the city's pay classifications as shown in Attachment "A 8. It is understood that Fire District employees shall retain their existing full time service date -of -hire (anniversary date) for salary step increases. 9. It is understood that any District probationary employee shall be required to serve a combined one (1) year probationary period. No District employee will be eligible to take Tukwila's Second Class Firefighter exam until they have completed at least two (2) years full time combined service. 10. It is understood that for the purpose of filling acting positions outside of an eligibility list, the Fire Department Policy shall apply. It is agreed and understood that this agreement constitutes the entire agreement between the Employer and the Union in regards to the merger of District Employees into the Labor Agreement between Local 2088 and the City. It is understood that the agreements contained herein may be re- opened with the mutual consent of both parties. It is further agreed and understood that this Agreement is contingent on the City of Tukwila and Fire District NO. 1 entering into said contract for services, and that if said contract is not entered into, then this Memorandum of Agreement is null and void. SIGNED THIS 9th DAY OF JANUARY, 1987. =FOR LOCAL 2088 Nick Olivas, President IAFF 2088 FOR THE EMPLOYER Gary L. VanDusen, Mayor City of Tukwila Employee Earl McCoy Gary Britton Bearl McManus Buddy Wampole Nathaniel Hobson Raleigh Thornton Frank Schonians Thomas Jones Michael McCoy Patrick McCoy Sally Blake Jack Hagbert ATTACHMENT "A" District Classification Captain Lieutenant Lieutenant Firefighter -Step 4 Firefighter -Step 4 Firefighter -Step 4 Firefighter -Step 4 Firefighter -Step 4 Firefighter -Step 2 Firefighter -Step 2 Firefighter -Step 2 Firefighter -Step 1 City Classification Captain Lieutenant Lieutenant Fire f i g eta —11r err ".s Firefighter 1st Class Firefighter 1st Class Firefighter 1st Class Firefighter 1st Class Firefighter 1st Class Firefighter 3rd Class Firefighter 3rd Class Firefighter 3rd Class Probationary Firefighter