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HomeMy WebLinkAbout12-069 - Kent Regional Fire Authority - Joint Training Program12 -069 Council Approval 6/18/12 INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY I. PREAMBLE This Agreement is entered into as of the o tp' day of J2c� 2012, by and between the CITY OF TUKWILA, a municipal corporation "City and the KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY, a municipal corporation "RFA This Agreement is made pursuant to chapter 39.34 RCW (the "Interlocal Cooperation Act and has been authorized by the governing body of each Party. Each of the Parties is a "public agency" as defined in the Interlocal Cooperation Act. II. RECITALS WHEREAS, the City and the RFA currently each maintain and operate their own fire departments to provide fire protection, fire suppression and emergency medical services in their respective jurisdictions. WHEREAS, the purpose of this Agreement is to allow for the joint operation and administration of each entity's training divisions; and WHEREAS, this Agreement is not intended to supersede or conflict with the collective bargaining agreements of either party. NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: III. AGREEMENT Section 1. Effective Date and Termination of Agreement. This Agreement shall be effective on July 1, 2012 for an initial Term of one year. The Term will be automatically extended annually, commencing July 1, 2013, unless terminated pursuant to this Section. Either party may unilaterally terminate this Agreement with 30 days written notice to the other party. Section 2. Definitions. The following terms, when used in this Agreement, shall be defined as follows: A. "Consolidated Operations" shall mean the operations performed under the direction of the Chief and shall include the training for personnel of both the RFA and City. INTERLOCAL AGREEMENT Page 1 of 6 s+ Jd r,,`,�'J B. "FTE" shall mean full time employee. C. "Days" shall mean calendar days, unless otherwise noted. Section 3. Services Performed by the RFA for the Citv. 3.1 Training Services. The RFA agrees to perform training services for the City through a training consortium as follows: (a) See Exhibit A for scope of services to be performed under this Agreement. (b) Consideration for Training Services. In consideration of the training services described herein, the City shall provide the following to the RFA: (i) The City shall assign one and a quarter to one and a half existing FTE's to the training consortium to assist in providing the training services pursuant to this Agreement. The level of service provided by the City pursuant to this Agreement shall be solely determined by the City, based on its departmental needs. (ii) In the event the person occupying these positions is on leave or works a different shift for a period of 30 days or more, the City shall, at no expense to the RFA, fill the position with another employee familiar with and adequately trained to provide the needed services. Section 4. General Provisions. 4.1 Employees of the RFA are not employees of the City. The RFA employees who provide the City services pursuant to the Agreement shall be employees of the RFA and not employees of the City. The RFA shall, at all times, be solely responsible for the conduct of its employees in performing the services called for in this Agreement. The RFA shall be solely responsible for all compensation, benefits and insurance for its employees. 4.2 Employees of the City are not employees of the RFA. All City employees who provide the RFA services called for in this Agreement shall be employees of the City and not employees of the RFA. The City shall, at all times, be solely responsible for the conduct of its employees in performing the services called for in this Agreement. The City shall be solely responsible for all compensation, benefits and insurance for its employees. Section 5. Indemnification and Hold Harmless. Each parry agrees to defend, indemnify, and hold harmless the other parry and each of its employees, officials, agents and volunteers from any and all losses, claims, liabilities, lawsuits or legal judgments INTERLOCAL AGREEMENT Page 2 of 6 arising out of any negligent or willful actions or inactions by the performing party or any of its employees, officials, agents or volunteers, while acting within the scope of duties required by this Agreement. Each party shall be responsible for its own legal costs and attorney's fees. This provision shall survive the expiration of this Agreement as it related to services performed under the terms of the Agreement. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's mutually negotiated waiver of immunity under Title 51 RCW, solely to carry out the purposes of this indemnification clause. Section 6. Insurance. Each party shall carry and maintain for the duration of this Agreement property and liability insurance coverage for all operations, facilities, equipment and personnel, at not less than the amount as existing on the date of this Agreement and in a form and with a company acceptable to the other party. Section 7. Property Ownership. All property acquired by the RFA to enable it to perform the services required by this Agreement, shall remain the property of the RFA in the event of the termination of this Agreement. All property acquired by the City to enable it to perform the services required by this Agreement, shall remain the property of the City in the event of the termination of this Agreement. Section 8. No Special Relationship Created. No Third Partv Beneficiarv. The services provided under this Agreement represent an extension and expansion of duties owed to the public in general. Neither party intends to create a special relationship or duty to the other party or to the public served by either party. This Agreement is solely for the benefit of the Parties hereto and no third party shall be entitled to claim or enforce any rights hereunder. Section 9. Dispute Resolution and Governine Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. A. If a dispute arises between the Parties concerning the performance of any provision of this Agreement or the interpretation thereof, the Parties agree to follow the procedures set forth herein. It is the goal of the parties to resolve differences as early in this step process as possible. (1) Stet) One Informal Discussions. Each Party shall designate a representative, who shall meet and attempt to resolve the dispute. This may involve more than one meeting. (2) Stet) Two Written Notification and Resolution. If informal discussions are not successful, then the aggrieved Party shall mail, via certified mail, written notice of dispute to the other Party's address shown in Section 12 of this Agreement. The notice shall set forth the nature of the dispute and the desired outcome. A written response shall be provided by the recipient of the notice within ten (10) days' receipt of the certified, mailed notice. The response to the notice shall include the INTERLOCAL AGREEMENT Page 3 of 6 respondent's version of the dispute and a proposed resolution. The Parties shall meet within ten (10) business days following respondent's answer to determine whether the dispute can be resolved amicably. If the dispute is amicably resolved, the Parties shall sign a memorandum of understanding with regards thereto. (3) Step Three Mediation. If the Parties are unable to resolve their differences at Step Two, the Parties will endeavor to settle the dispute by mediation under the mediation rules of the Judicial Arbitration and Mediation Service of Seattle, Washington. Such mediation will be non binding but a condition precedent to having the dispute resolved pursuant to Arbitration, below. Mediation shall commence, unless otherwise agreed, within thirty (30) days of a Party's written request to the other Party for mediation of a dispute. Any resolution of the dispute at this stage shall be reduced to writing and, if the resolution involves an interpretation of the Agreement herein, the Agreement herein shall be amended to include the interpretation. (4) Sten Four Arbitration. If the Parties are unable to resolve their differences at Step Three, the dispute will be resolved by arbitration. A written notice requesting arbitration must be delivered to the other Parties. The Parties will select an arbitrator by mutual agreement. If the parties cannot agree on an arbitrator within 10 working days after the arbitration request notice has been received, then the dispute will be referred to Judicial Arbitration and Mediation Services, Inc. of Seattle, Washington, and an arbitrator will be selected either by mutual agreement of the Parties or, failing that, by the appointment by each Party of a non interested representative who shall jointly choose an arbitrator. Section 10. Modification. This Agreement may be amended or terminated only upon consent of both Parties hereto. Any amendment or termination shall be in writing and signed by the parties. Section 11. Non Waiver. The waiver by any Party of any breach of any term, covenant, or condition of this Agreement shall not be deemed a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition of this Agreement. Section 12. Impairment of Rights. Nothing in this agreement shall impair a Party's right to seek injunctive relief from the Court if immediate and irreparable injury, loss or damage to any rights arising from this Agreement will occur before Arbitration can be conducted. Section 13. Record Keeping. The records and documents with respect to all matters covered by this Agreement shall be subject to audit by the Parties during the term of this Agreement and three (3) years after termination or such other longer period as may be required by applicable law. INTERLOCAL AGREEMENT Page 4 of 6 Section 14. Severabilitv. If any provision of this Agreement or application thereof to any Party or circumstance, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable. Section 15. Counterparts. This Agreement shall be effective whether signed by the Parties on the same document or in counterparts. Section 16. Entire Agreement. The written terms and provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior communications, negotiations, representations or agreements, either verbal or written of any officer or other representative of each party and such statements shall not be effective or be construed as entering into or forming part of or altering in any manner this Agreement. Section 17. Notices All notices or other communications shall be deemed sufficient hereunder if made in writing and delivered by facsimile, e -mail, or by first -class mail, postage prepaid, to each Party at its respective address set forth below, or such other address as such Party may hereafter designate to the others in writing: CITY OF TUKWILA KENT FIRE DEPARTMENT City Administrator REGIONAL FIRE AUTHORITY 6200 South Center Blvd. Fire Chief Tukwila, WA 98188 24611 116 Ave. S.E. Kent, WA 98030 Notices sent by mail shall be deemed given when properly mailed, and the postmark affixed by the United States Post Office shall be conclusive evidence. Section 18. Filin&Posting. This Agreement shall be filed with the County Auditor or posted on the websites of the Parties as authorized by law. IN WITNESS WHEREOF, this Agreement has been executed by each Party as set forth below: CITY OF TUKWIL VVVVVV B9��' ��X- Y �m Woaq Y ac aN KENT FIRE DEPARTMENT /REGIONAL FIRE AUTHORITY By: �a. /inn `�w.t✓ /r �M SCMIJtrf/Jb"Y 1NTERLOCAL AGREEMENT Page 5 of 6 APPROVED AS TO FORM: Office of the City Atto By: C>�ttomeyU INTERLOCAL AGREEMENT Page 6 of 6