HomeMy WebLinkAboutContract CAG-15-203
South King County Fire Training Consortium
(Interlocal Agreement)
Associate Agency Agreement
This agreement is made and entered into by the Kent Fire Department Regional Fire Authority,
"Kent RFA" and the City of Renton referred to as "Associate Agency".
RECITALS
1. This agreement is entered into in conformity with chapter 39.34 RCW, the Interlocal
Cooperation Act.
2. The South King County Fire Training Consortium "SKCFTC" consists of numerous municipal
corporations that are cooperatively providing training services for fire protection and emergency
medical providers in South King County.
3. The SKCFTC Interlocal Agreement authorizes the Kent RFA to enter into Associate Agency
interlocal agreements to allow other agencies to participate in the SKCFTC for one year
participation periods.
4. The Associate Agency desires to participate in the SKCFTC on a one year basis consistent with
the terms of this Interlocal Agreement.
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 establish the
terms of the Associate Agency's participation in the SKCFTC. Participation in the SKCFTC shall
allow the Associate Agency to participate in and benefit from the joint training activities provided
by the SKCFTC.
2. Governing Structure of Training Consortium
2.1. Administrative Board.
(a) The Administrative Board shall be composed of the Fire Chief of each Agency and
Associate 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.
Training Consortium Associate Agency Agreement—Page 1
(b) The Administrative Board shall meet a minimum of twice per year. Each Agency and
Associate Agency 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 or Associate Agency's funds shall constitute a
recommendation to the governing bodies of the Agencies and Associate Agencies and
shall not be effective until the governing bodies of each Agency or Associate Agency
have approved such recommendation.
2.2. Operations Advisory Team"OAT"
(a) The OAT shall be composed of the Consortium's Training Chief and the operations
chiefs from each Agency and Associate 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 operations between the
Agencies.
(iii) Work with the Training Chief to insure the training curriculum is consistent with
Agency operations.
2.3. Training Consortium Chief.
(a) The Training Consortium Chief "Training Chief' shall be the Kent RFA Training
Division Chief. 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 firefighters and medics participating in the training
consortium as appointed by the Training Chief in a manner that insures each Agency
and Associate Agency is represented on the committee with representatives
proportional to the number of the Agency's employees receiving training from the
Consortium. The FTAT shall be responsible for:
Training Consortium Associate Agency Agreement—Page 2
(i) Providing feedback and input to the Training Chief regarding the content of the
training provided.
(ii) Coordinate communications between the Training Chief and the employees
receiving training from the Consortium
3. Joint Decision Making
3.1. This Agreement does not alter the current command structure and organizational
responsibilities of any Agency or Associate Agency. However, this Agreement will allow
for joint decision-making by the Administrative Board to modify command structures and
organization responsibilities relating to training within the 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 all Agency and Associate Agency
representatives. Joint decisions shall be made by a simple 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 Chiefs vote via email or fax prior to the meeting
or by providing a written proxy to another Chief attending the meeting.
4. Term of Agreement
4.1. This agreement shall be effective on January 1, 2016 and shall continue until December 31,
2016.
5. Fiscal Arrangements
5.1. The Kent RFA manages the finances of the SKCFTC as part of the Kent RFA's annual
budget.
5.2. The financial responsibility of the Associate Agency has been determined pursuant to the
formula and methodology established by the SKCFTC in the SKCFTC Interlocal Agreement
and shall be as set forth in the attached Exhibit A.
5.3. In the event Associate Agency is making a cash payment, the full value of such cash
payment shall be made to the Kent RFA on or before February 1St
6. Resources: The Associate Agency shall not have any interest in SKCFTC Agency or SKCFTC
joint resources.
7. Personnel. Associate Agency shall allow its employees and volunteers "Training Personnel" to
perform the functions as assigned by the Training Chief exercising authority under this
Agreement.
7.1. The Training Chief shall have the authority to determine the working location and
conditions for Training Personnel when assigned to the Training Division. Associate
Agency may be asked to fill positions or roles not currently staffed within the Associate
Agency.
Training Consortium Associate Agency Agreement—Page 3
7.2. Associate Agency shall remain as the employer of its own Training Personnel and shall be
responsible for establishing and paying Training Personnel compensation and benefits.
7.3. The responsibility for hiring, evaluating, firing, and disciplining Training Personnel shall
remain with the Associate Agency.
7.4. Training Personnel filling shared functional positions will be provided an explanation of
roles, responsibilities, duties and expectations of the shared position prepared by the
Training Chief.
7.5. 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 Associate Agency and the affected bargaining units to address
such impacts prior to the implementation of the change.
8. Insurance
8.1. Associate Agency shall 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
$5,000,000 each occurrence. Associate Agency shall provide the Kent RFA with a
Certificate of Liability Insurance or Evidence of Coverage, provided that if Associate
Agency is self-insured, it will provide a letter of self-insurance as evidence of coverage.
9. Indemnification
9.1. The Associate Agency shall be responsible for the wrongful or negligent actions of its
employees while participating in this Agreement as its 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. Associate Agency shall execute all necessary facility
use agreements, liability waivers, or other releases required by third party owners/operators
for the use of any training facilities by the SKCFTC and the Associate Agency's employees.
9.2. To that end, Associate Agency promises to indemnify, defend and hold harmless the Kent
RFA, the SKCFTC, and all the other Agencies participating in the SKCFTC from any loss,
claim, or liability arising from or out of the negligent tortious actions or inactions of its
employees, officers and officials. Such liability shall be apportioned among the Associate
Agency, the Kent RFA, the SKCFTC, and the SKCFTC 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, Associate
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
Associate Agency's immunity under Washington's Industrial Insurance Act, RCW
Title 51, as respects to the Kent RFA, the SKCFTC, and the SKCFTC Agencies only,
Training Consortium Associate Agency Agreement—Page 4
and only to the extent necessary to provide Kent RFA, the SKCFTC, and the SKCFTC
Agencies with a full and complete indemnity of claims made by the Associate
Agency's employees. The Associate Agency acknowledges that these provisions were
specifically negotiated and agreed upon by them.
10. Dispute Resolution.
10.1. Prior to any other action, Associate Agency shall meet with the SKCFTC Administrative
Board and attempt to negotiate a resolution to such dispute.
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.
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 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.
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. Miscellaneous
11.1. 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, 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.
11.2. 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.
11.3. Severability. If any provision of this agreement or its application is held invalid, the
remainder of this agreement shall not be affected.
Training Consortium Associate Agency Agreement—Page 5
12. Execution.
12.1. 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 WHEREFORE, the Agencies by the signatures of their authorized representatives
have executed this agreement effective upon the date of signatures.
KENT FIRE DEPARTMENT CITY OF RENTON
REGIONAL FIRE AUTHORITY
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By: ' '" .5'�� Denis Law, Ma or
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afep A. Seth. City Clerk
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. ROVED AS TO FORM:
APPROVED AS TO FORM: ��
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Attorney
Brian Snure,
Attorney for RFA
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
Erik Wallgren, Fire Department
Fire Chief City of Renton, 7th Floor
24611 116th Ave. S.E. 1055 S. Grady Way
Kent, WA 98030 Renton, WA 98057
Training Consortium Associate Agency Agreement—Page 6
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SOUTH KING COUNTY
FIRE TRAINING CONSORTIUM o��`
' /NG CO�y
ASSOCIATE AGENCY BUDGET CONTRIBUTION 2016
Renton Fire Department
The fiscal contribution by the Renton Fire Department to participate in the Training
Consortium for 2016 is as follows:
• 142 Members (Firefighters)
• Cost per Member $ 4,760
Annual agency cost 142 x $4,760 = $ 675,920
• The credit given for contribution of personnel:
3 FTE - $ 510,000
• Plus credit given for Training Facility: - $ 116,000
• Annual Agency Cost $ 675,920
FTE Contribution Credit - $ 510,000
Facility Credit - $ 116,000
2016 Budget $ 49,920
• Compared to: 2015 Budget $48,240
Increase of $1,680 or 3%
• LMS S 3,300
TOTAL with LMS Cost $ 53,220
****************************************************************************************************************
2016 Learning Management System Cost:
The Training Consortium has selected eLogic Learning, as a replacement LMS for
Training Tracker for 2016. Each agency has agreed to contribute an amount equal
to their 2015 FireTrex cost toward the purchase. (Renton 2016 LMS amount $3,300)
20811 84thAvenue S, Suite 102 Kent, WA 98032
(253) 856-4330