HomeMy WebLinkAboutCAG2023-034 - Original - Puget Sound Regional Fire Authority - Regional FD Cares Pilot Project - 01/01/2023Ap
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Originator:Department:
Date Sent:Date Required:
Mayor or Designee
Date of Council Approval:
Grant? Yes No
Type:
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Date Received: City Attorney:
Comments:
Date Routed: Mayor’s Office City Clerk’s Office
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Vendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Local Business? Yes No*
Business License Verification:
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Yes In-Process Exempt (KCC 5.01.045)
Notice required prior to disclosure?
Yes No
Contract Number:
This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms. (Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 20221201
FOR CITY OF KENT OFFICIAL USE ONLY
Agreement Routing Form
For Approvals, Signatures and Records Management
(Optional)
Basis for Selection of Contractor:
* Memo to Mayor must be attached
Termination Date:
Authorized to Sign:
Authorized Signer Verified
INTERLOCAL AGREEMENT FOR
REGIONAL FD CARES PILOT PROJECT
THIS INTERLOCAL AGREEMENT FOR REGIONAL FD CARES PILOT PROJECT
("Agreement") is entered into between PUGET SOUND REGIONAL FIRE AUTHORITY, a
Washington Municipal Corporation ("Provider"), and the undersigned Washington Municipal
Corporation (the "User"). Provider and User are referred to herein together as the "Parties" and
individually a "Party."
RECITALS
1. The purpose and objective of the REGIONAL FD CARES PILOT PROJECT INTERLOCAL
AGREMENT ("Agreement") is to set forth the understanding, rights and responsibilities of the
Parties with respect to the provision of non -emergency community assistance referral and
education services pursuant to RCW 35.21.930, together with additional services identified by the
Parties through this Agreement in an effort to develop a regionally consistent and efficient method
of providing community assistance through non -emergency referral and education services, and
emergency and non -emergency co -responder and mental health crisis response services,
throughout the jurisdictions of the Provider and Users.
2. The Provider currently has the equipment and personnel to provide FD CARES Services on a
regional basis and is willing to extend this service to the User to include co -responder and mental
health crisis response services to assist law enforcement tasked with responding to emergency and
non -emergency incidents involving individuals experiencing a mental health crisis.
3. User has a need for such services and wishes to support the Regional FD CARES Pilot Project
described above.
4. This Agreement is made and entered into pursuant to the provisions of RCW Chapter 39.34, the
Interlocal Cooperation Act.
AGREEMENT
To carry out the purpose of this Agreement and in consideration of the benefits to be received by each
Party, it is agreed as follows:
FD CARES Services. Subject to the terms of this Agreement, Provider shall provide User with
community assistance through non -emergency referral and education services, and emergency and
non -emergency co -responder and mental health crisis response services, as set forth in Exhibit A.
("FD CARES Services") The chief executive or designee of the User and the Fire Chief or designee
of Provider may negotiate changes, amendments, and modifications to Exhibit A if mutually
agreed to in writing.
2. Payment for Services. In consideration of the FD CARES Services provided, User shall pay
Provider a flat fee of $175,000 for the 2023 calendar year. This payment shall be prorated, on a
quarterly basis, with one -quarter of this fee ($43,750) payable on March 1, June 1, September 1
and December 1, 2023. Provider shall notify User, on or before August 1 of the preceding year, of
the annual fee to be charged by Provider to provide FD CARES Services for the subsequent year.
In no event, however, shall the annual fee increase by more than an amount equal to the preceding
12-month June -to -June Consumer Price Index for Urban Wage Earners and Clerical Workers
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REGIONAL FD CARES PILOT PROJECT ILA
(CPI-W) for the Seattle -Tacoma -Bellevue region. If substantively different or additional services
are added to FD CARES Services, this annual percentage cap will not apply to the costs attributable
to add those different or additional services.
3. Reporting. Provider shall provide User with biannual reports documenting the FD CARES
Services provided. The biannual reports shall be issued on or before January 315t and July 31 st of
each year and should include the following minimum information for the preceding 6-month time
period, unless the parties agree otherwise (i.e. the report for January through June is due July 31St,
and the report for July through December is due January 31 st):
3.1. Number of in -field response requests received from User's employees;
3.2. Number of actual responses Provider made to those User requests;
3.3. Number of follow-up referrals submitted by User's employees;
3.4. Number of follow-up referrals completed by Provider;
3.5. Number of proactive interventions made by Provider for FD CARES Services that did not
result from a User -requested follow-up referral;
3.6. Number of individuals connected with services and an identification of the type of service
to which they were connected (mental health, housing, addiction recovery, etc.)
4. Term. The effective date of this Agreement shall be January 1, 2023. If this Agreement is signed
after this date, all acts consistent with the authority of the Agreement and prior to January 1, 2023,
are ratified and affirmed and the terms of this Agreement shall be deemed to have applied. This
Agreement shall automatically renew for additional one year terms each January 1 unless either
terminated by a Party in writing prior to the preceding September 1, or by the User providing its
written objection to Provider's stated fee as provided for in Section 2. In addition, any party may
terminate with six months advance written notice at any time. Payment obligations for such
terminations shall be prorated based on the effective date of termination.
5. Indemnification. Each Party shall indemnify and hold the other Party and the other Parry's agents,
employees, and/or officers, harmless from, and shall process and defend at its own expense, any
and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of
whatsoever kind or nature, brought against the other Party arising out of or in connection with the
Parry's performance or failure to perform any aspect of this Agreement; provided, however, that
if such claims are caused by or result from the concurrent negligence of both Parties, and/or their
agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to
the extent of the negligence of each Party; and provided further, that nothing herein shall require
one Party to hold harmless or defend the other Party, its agents, employees and/or officers from
any claims arising from the sole negligence of the other Party, its agents, employees, and/or
officers. No liability shall attach to either Party by reason of entering into this Agreement except
as expressly provided herein. Provider agrees that the foregoing indemnity specifically covers
actions brought by its own employees, and thus Provider expressly waives its immunity under
industrial insurance, Title 51, as necessary to effectuate this indemnity.
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REGIONAL FD CARES PILOT PROJECT ILA
6. Insurance. The Provider shall provide insurance coverage for all Provider equipment and
personnel. The insurance coverage shall include all risk property insurance and general liability
insurance, including errors and omissions coverage. The Provider shall, upon request from the
User, furnish to User appropriate documentation showing that such coverage is in effect. The User
recognizes that the Provider is a member of a governmental insurance pool.
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.
Miscellaneous:
8.1. Independent Governments. The Parties recognize and agree that the Provider and the User
are independent governments. The User is establishing a contractual relationship solely
with the Provider and is not establishing a contractual relationship with any other User of
Provider's FD CARES Services. Except for the specific terms of this Agreement, nothing
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REGIONAL FD CARES PILOT PROJECT ILA
herein shall be construed to limit the discretion of the governing bodies of the Parties. This
Agreement shall not be construed as creating an association, joint venture, or partnership
between the Parties, nor to impose any partnership obligations or liabilities on either Party.
8.2. Administration. This Agreement shall be administered by each Party's chief executive
officer or designee.
8.3. 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.
8.4. Service Limitation. The FD CARES Services provided under this Agreement represent an
extension and expansion of services the Provider owes 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.
8.5. 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 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.
8.6. 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.
8.7. 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.
8.8. 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.
8.9. Non -Exclusive Agreement. The Parties to this Agreement shall not be precluded from
entering into similar agreements with other municipal corporations.
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REGIONAL FD CARES PILOT PROJECT ILA
8.10. Filing/Web Site. Filing/Web Site. This Agreement shall either be filed with the County
Auditor or by listing on either of the Parry's websites in accordance with RCW 39.34.040.
9. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals.
PROVIDER: USER:
Puget Sound Regional Fire Authority
Alketlheur/- AtbY2
By::•I,i Ithrw L Morris flan 23. 202319 53 PST)
Matthew Morris, Fire Chief
City of Kent
13 V: r
Dana Ralph, Mayor
Attest:
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Kent City Clerk
Approv , 'as to I •rn
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REGIONAL FD CARES PILOT PROJECT ILA
EXHIBIT A
FD CARES SERVICES
1. Services. Provider shall provide the User with the following services.
A. Non -emergency referral and education services to include:
(1) Referral and requests for assistance:
(a) Officers may access JULOTA, Provider's case management system
through a QR Code or logging into the online system, to enter a referral
that will go directly to Provider. The JULOTA platform is a referral -based
system that allows User's employees to communicate with Provider.
(b) User's employees may also request FD CARES Services through
ValleyCom and FD CARES will be dispatched to assist User's employees
in the field.
(c) User's employees may additionally make direct contact with FD CARES
by phone or through the officers' mobile data computers.
(2) Education services:
(a) FD CARES will participate in training sessions with User's employees.
(b) Participate in community events to provide education on the co -responder
program.
B. Co -responder services to assist User's law enforcement officers tasked with responding
to emergency and non -emergency incidents involving individuals experiencing a mental
health crisis. These services include:
(1) Dispatch an FD CARES Co -Response Unit staffed with a Registered Nurse
and/or Social Worker
(2) Appoint a liaison who will serve as a liaison between User and Provider and will
communicate daily with User's Co -Responder Sergeant in order to:
(a) Follow-up from overnight calls for service (primarily from referrals made
by User's patrol officers);
(b) Follow-up on referrals made by User's staff;
(c) Follow-up on chronic 911 callers to User's dispatch center, Valley
Communications Center;
(3) Respond, or co -respond with User's employees, to engage people who are
experiencing a variety of challenges that may not require a traditional police
response, including without limitation: issues relating to homelessness; access
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REGIONAL FD CARES PILOT PROJECT ILA
social services; addiction challenges and recovery; and behavioral health needs,
including mental health treatment.
(4) Coordinate with non -governmental -organizations (NGO's), e.g., Union Gospel
Mission, Catholic Community Services, PEER Kent, Valley Cities Counseling,
etc., to facilitate access to a variety of resources they provide.
(a) If Provider's FD CARES Unit refers an individual to resource services, the
FD CARES Unit will follow-up with that individual, confirm that services
were sought and received, and if a resource connection was not successful,
the FD CARES Unit will take additional steps to connect that individual
with appropriate community resources and services.
(5) When not responding to calls or following up on referrals, Provider's FD CARES
Unit will proactively engage transients in User's city limits, work to get to know
them, and work to establish a relationship with them. The goal is to connect and
provide assistance with resources, and to develop a positive connection for future
contacts. These contacts can be made anywhere within the City of Kent, but
Provider's primary focus will be in downtown Kent.
(6) When User's employees request assistance during FD Cares shift hours (0800
hours — 2000 hours), User will have its FD CARES Unit in route within 30
minutes. If Provider's FD CARES Unit is unable to dispatch within 30 minutes, it
will promptly provide an estimated dispatch time to User's on -scene employee by
phone or MDC contact.
(a) The expectation is that Provider will dedicate a primary FD CARES Unit
to Kent, and it is that Kent team that will respond to requests from User, if
available. If the Kent FD CARES Unit is unavailable, one of the other
participating FD CARES Units will respond to assist under the same
parameters provided for by this Agreement.
(7) Whenever reasonably possible, User will transfer care for a person to the FD
CARES Unit in -person. If that is not possible, and it is reasonably safe to do so,
User's employees can clear the scene and utilize Provider's JULOTA case
management system to generate a referral to the Kent FD CARES Unit to respond
when they become available.
C. Provide access and use of all FD CARES related written materials to include all legal
forms for use as the User's organization and their legal deem appropriate.
(1) Provider's FD CARES team members will need access to User databases in order
prepare for making contact with referred individuals. This will require Provider's
team members to undertake the following training through User:
(a) Level 1 ACCESS training; and
(b) Criminal Justice Information Services training.
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REGIONAL FD CARES PILOT PROJECT ILA
D. Assist appointed User employee in understanding the necessary data collection for
responders at all EMS related incidents.
E. Assist appointed User employee(s) with addressing repetitive medical responses,
including mental health issues that lead to crisis events.
F. Work with appointed User employee(s) on developing possible funding partnerships that
may include but may not be limited to:
(a) King County Emergency Medical Services;
(b) King County Mental Health;
(c) King County area Hospitals;
(d) Local area medical payer groups such as Medicaid, Medicare, Premera, Molina,
etc.
2. User Obligations. Appointed User employee(s) will work with Provider and other assigned staff and
partners to assist with further building and improving the FD CARES program for all organizations
adopting or interested in adopting the program.
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