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071-074~G~ Cp~~ BOARD OF SUPERVISORS .~1N, 1178 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF THE JOINT FIRE AND RESCUE SERVICE AGREEMENTS WHEREAS, the County and its volunteer fire and rescue companies have, for several decades, cooperated in order to provide exemplary fire and rescue services to the Citizens of Frederick County, Virginia; and WHEREAS, the County is committed to continued growth and improvement of its volunteer fire and rescue companies and assuring the safe and efficient provision of essential fire and rescue services; and WHEREAS, the County and its volunteer fire and rescue companies prepared the Fire and Rescue Joint Agreement to further enhance the partnership between the County and the companies by defining the roles and responsibilities of each party, and to further support their joint mission to provide efficient and cost-effective fire and rescue services to the citizens of Frederick County. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the - County of Frederick, Virginia, hereby approves the terms of the Joint Fire and Rescue Agreements with each of the County's volunteer companies. BE IT FURTHER RESOLVED, that the Chairman is hereby authorized to execute said Joint Fire & Rescue Agreements on behalf of the County. Adopted this 27`h day of June, 2007. VOTE: Richard C. Shickle Gene E. Fisher Chazles S. DeHaven, Jr. Gary W. Dove Bill M. Ewing Philip A. Lemieux Barbara E. Van Osten John R. Riley, Jr., Clerk BOS Res. #071-07 - NO ACTION TAICIId -DEFERRED DNTIL 07/25/07 BOARD MEETING t. COUNTY of FREDERICK John I2. Itfiiey, Jr. County Administrator 540/661-1666 Fax 540/667-0370 )/-mail: j ri 1 ey @ cafrederick. v a.us TO: Board of Supervisors FROM: John R. Riley, Jr., County Administrator SUBJECT: Fire and Rescue Joint Agreements DATE: June 19,2007 Attached please find a proposed Fire and Rescue Joint Agreement between the fire companies and the County. This agreement has been a joint venture between the County and the chiefs. It is the County's intent to execute an individual agreement with each of the 11 volunteer companies. In accordance with that intent, you will find attached a resolution approving the joint agreement and authorizing the Chairman to execute same on behalf of the County. This is the second step in a multi-step process to redefine the relationship between the volunteer companies and the County. The first step involved development of first due area maps by the GIS Department and the memorializing of same. Should you have any questions, concerns, or input, please contact me as soon as possible. JRR/j et Attachment 107 North Kent Street Winchester. Vir~~nia ??601-5000 obn sia~ FIRE AND RESCUE JOINT AGREEMENT This Fire and Rescue Joint Agreement (Agreement) dated the day of 2007, by and between the County of Frederick, Virginia (the County) and , a Virginia non-stock corporation (the Company). RECITALS A. For the purposes of this agreement, the term "County" shall refer to the County of Frederick, Virginia, and the Board of Supervisors ofthe County of Frederick, Virginia. The term "Company" shall refer to the individual Volunteer Fire and Rescue Company executing this agreement. The term "Companies" shall refer to all Volunteer Fire and Rescue Companies organized and located within the boundaries of the County of Frederick VA. B. The County and its volunteer fire and rescue companies have, for several decades, cooperated in order to provide exemplary fire and rescue services to the citizens of Frederick County, Virginia. C. The County is committed to continued growth and improvement of its volunteer fire and rescue companies and assuring the safe and efficient provision of essential fire and rescue services, and the Company is committed to utilizing its personnel and resources to achieve the same goals. D. As growth within the County has continued, fire and rescue service demands have increased, which has created a need for the fire and rescue system within the County to evolve into a combination volunteer and career fire and rescue service. E. In order to provide additional support to the volunteer companies, plan for future service needs, and provide management and supervision for career fire and rescue personnel, the County has established a Fire and Rescue Department (the Department) as a County department. I F. The County remains committed to maintaining a strong and viable volunteer fire and rescue system that is supplemented by career fire and rescue employees as needed. G. The parties desire, by this Agreement, to further enhance the partnership between the County and the Company by defining the role and responsibility of each party, and to further support their joint mission to provide efficient and cost-effective fire and rescue services to the citizens of Frederick County. H. This Agreement, and the Company's continuing adherence to the terms of this Agreement, are material to the County's providing funding to the Company in the future. TERMINOLOGY For purposes of this Agreement, the Director of the County Fire and Rescue Department is referred to as the Department Chief, the chief operational officer of the Company as the Company Chief; the President of the Company as the President; the County Fire and Rescue Department as the Department; the - Frederick County Volunteer Fire and Rescue Association as the Association; and the Board of Supervisors as the Board. For the purposes of this agreement, the aforementioned persons and groups will be known as the parties. AGREEMENT NOW, THEREFORE, for the mutual consideration herein contained, the parties agree as follows: 1. FUNDING A. Pursuant to Virginia Code 15.2-953, the County intends to provide public funds to the Company, subject to appropriations, to support the Company's providing of fire and rescue services to the public. B. Pursuant to Virginia Code 15.2-954, the County may establish and provide a capital loan fund to a company providing firefighting and 2 rescue services for construction or equipment for providing fire and _ rescue services to the community. Should this fund be established, the company shall adhere to county procedures and guidelines, to include purchasing and competitive bidding. C. The Company shall: (1) maintain records of the receipt and expenditure of public funds; (2) submit to annual audits of the expenditure and receipt of public funds by an independent certified public accountant, and provide the information and data requested by said certified public accountant_for such audits. (3) file the Annual Financial Statement required by the County, using such forms and procedures as prescribed by the County. (4). The Company shall provide to the County a copy of the ~- Financial Statements upon completion. D. Receipt of public funds by the Company shall not affect the Company's right to solicit or raise money locally from the community, providing such local fundraising activities are conducted in accordance with applicable laws and regulations. E. During the County's annual budget process, the Company may make a request for a special appropriation. Such request shall be forwarded to the County along with the recommendation of the Volunteer Fire and Rescue Association. F. The County may withhold funding to the Company, whether or not in an approved budget, for failure of the Company to comply with provisions of this Agreement, including, without limitation, the provisions set forth in Paragraph l.C. or Paragraph 3 of this agreement. 3 __ 2. TEAMS The Company shall maintain an Operations Team and an Administrative Team, which will serve as advisors to the Department Chief and as liaisons with other companies. The Company Chief shall serve on the Operations Team, and the President shall serve on the Administrative Team. The Teams shall meet at least monthly. 3. RECORDS AND DATA A. The Company shall utilize an incident software reporting systems compatible with State and County requirements and shall be utilized by all companies. B. The County shall have a System Administrator who will limit access to the system to those authorized and maintain a central data repository. C. The Company shall collect and maintain data as required by the County for State and County programs. The County shall provide initial training to the Company regarding the use of the selected reporting software. In addition, the County shall provide on-going training to the Company as a result of changes in personnel or updates to the reporting software. 4. SERVICE RESPONSIBILITY A. It is the responsibility of the Company to deliver emergency fire, rescue, and medical services, within its capabilities, to the citizens of the designated response area of the County in accordance with County dispatch and response procedures as established and in consultation with the Association. B. The Company agrees to assist other county fire and rescue companies in delivering emergency fire, rescue, and medical services to the citizens of Frederick County, as needed and in 4 accordance with County dispatch and response procedures as established and in consultation with the Association. C. The Company also agrees to provide assistance to other fire and rescue companies and governmental jurisdictions with which Frederick County and/or the Company has established mutual aid agreements, in accordance with County dispatch and response procedures as established and in consultation with the Association. 5. VOLUNTEER RECRUITMENT A. The County, through the Department and Companies, is committed to operating a combination volunteer and career fire and rescue system to service the needs of public safety in the most cost effective manner. Primary emphasis will be to preserve and perpetuate the continuation of a predominantly volunteer fire and rescue service and to supplement the staffing needs of the company as requested and approved or funded. B. The County and the Company shall each diligently work to recruit, -- train, and maintain a viable volunteer fire and rescue company in accordance with all applicable laws, rules, and regulations of the Commonwealth of Virginia and the County. 6. STATION STAFFING A. The Company shall provide staffing with volunteer personnel when feasible, 24 hours a day, seven days a week, as required for response to incidents. The company shall ensure that volunteer personnel responding to incidents are trained and qualified in accordance with federal, state, County, and company requirements to perform required duties, and that any required licenses and/or certifications are maintained as established and in consultation with the Association. B. The County agrees to provide station staffing with career personnel to supplement volunteers. Actual work hours will be determined by 5 mutual agreement between the Company Chief or his designee and _ the Department Chief. C. Until a criteria is mutually developed and agreed upon by the Association and the County for requesting staffing, the county agrees to provide staffing as requested by the company and approved by the Board. The County shall ensure that career personnel responding to incidents are trained and qualified in accordance with federal, state, and County to perform required duties, and that any required licenses and/or certifications are maintained. These qualifications are outlined in SOP 2.6.03, Employee Career Development Program. D. Cazeer employees of the County are permitted to participate as members of a volunteer fire and rescue company within Frederick County. These employees must follow all Fair Labor Standards Act regulations in conjunction with their volunteer duties. In order to guard both the volunteer company and the Fire and Rescue Department from potential conflicts of interest, all parties to this agreement recognize the need to restrict the level of management - participation in a volunteer company by County career employees. It is agreed that the career employees of the -Fire and Rescue Department shall not be permitted to serve as Chief, Assistant Chief, Deputy Chief, Captain, President, Vice-President or Treasurer of a volunteer company or serve as a voting delegate, officer, or committee chair of the Frederick County Volunteer Fire and Rescue Association. 7. SELECTION AND ASSIGNMENT OF CAREER PERSONNEL A. As the legal employer, the County shall have full responsibility for the processing and selection of career employees. A single screening and selection process shall be used to employ career personnel regardless of the station to which the employee is ultimately assigned. B. The Department Chief shall establish basic job descriptions and. employment qualifications, as well as the screening and 6 selection process, for career personnel which will yield employees that will adequately serve the needs of the fire and rescue system and the public. Volunteer input into the requirements and procedures used shall be solicited through the Company Chief or his designee and the Frederick County Volunteer Fire and Rescue Association. C. The Department Chief shall be responsible for making station assignments of career personnel. The Department Chief decisions on personnel to be assigned to volunteer stations shall be made in consultation with the Company Chief or his designee of the applicable company. The Department Chief shall also have the right to reassign career personnel whenever, in his discretion, it is deemed necessary. The Department Chief or his designee shall also ensure that the Company Chief or his designee receive adequate notice of any permanent personnel assignment changes. This notification shall be made in a timely manner when feasible. In all matters of personnel assignments and station coverage, primary consideration shall be given to public safety needs. _ D. Provided adequate funds are available, part-time employees maybe employed to provide coverage for full-time career employees who are absent due to leave, training, special assignment, or when a position is vacant. Part-time employees shall be assigned at the Department Chief s discretion. 8. EMPLOYEE SUPERVISION AND EVALUATION A. Career personnel are ultimately responsible to the Department Chief and the Department Officers. B. Supervision of career personnel shall rest with the Department Chief and Department Off cers, with the guidance of the Company Chief or his designee. Wank assignments shall be of a nature consistent with public safety mission of the County and the Company. Station duties shall be coordinated with the Department Chief or Department Officers and the Company Chief or operational officers, 7 and shall be standard throughout all companies. C. In order to provide consistent direction throughout the workday, the senior ranking career employee assigned to a station, in conjunction with the chief operational officers of the Company, shall ensure that routine daily activities of career employees are carried out as assigned. D. The Department Chief and the Department Officers shall have the right to utilize career personnel for projects or other work-related assignments. Every effort shall be made to ensure that a balance is maintained between Company and County priorities and goals. E. The Department Chief shall be responsible for formal performance evaluations of career employees, as required under County personnel policies. Evaluations of career employees assigned to volunteer companies shall be completed with input from the Company Chief or designee. F. The County Administrator shall be responsible for the formal -. performance evaluation of the Department Chief. The County Administrator may include all company Chiefs and the Association liaison for input into the performance evaluation of the Department Chief. G. Formal complaints concerning a career employees' behavior or performance shall be forwarded from the Company Chief to the employee's immediate supervisor, in writing, for official investigation. As a part of the personnel process, any complaint shall remain confidential between all parties connected with the complaint. The Department Chief or his designee will notify the company Chief or his designee of the status or results, to include any findings or disciplinary action, of the investigation in a timely manner. H. Formal complaints concerning a volunteers' behavior or performance shall be forwarded from the Department Chief to the 8 Volunteer Coordinator and Company Chief, in writing, for official investigation. As a part of the personnel process, any complaint shall remain confidential between all parties connected with the complaint. The company Chief or his .designee will notify the Department Chief or his designee and the Volunteer Coordinator of the status or results, to include any findings or disciplinary action, of the investigation in a timely manner. I. Leave for career employees shall be taken in accordance with County procedures. When a vacancy occurs, the position will be filled with either a qualified volunteer (approved by the Company Chief) or a full or part-time career employee. 9. FACILITIES AND WORK ENVIRONMENT A. The Company shall provide career personnel with an adequate, clean, and safe work environment that is conducive to productive performance and good morale among co-workers. As the party responsible to provide and maintain the fire station, it is the Company's responsibility to provide and maintain a structurally safe _ and healthy work place that meets all applicable code requirements for occupancy. B. The station shall have and maintain potable water, working plumbing, adequate ventilation, heating, cooling, lighting, and trash removal. Any deficiencies in these basic requirements shall be corrected in the most expeditious manner possible. C. In addition to the foregoing basic requirements, the Company shall provide and maintain the following items for the personal needs of career employees during the workday: a) Refrigerator b) Stove and microwave oven c) Personal lockers d) Furnished rest area/lounge e) Shower facility 9 f) File space _ g) Protective clothing storage h) Separate male and female bunkroom facilities for 24 hour staff. D. Station maintenance and major repair is the responsibility of the Company. Career personnel shall participate in light cleaning and minor repair of the station and grounds to maintain good order. Volunteer and career personnel shall share general custodial duties. 10. APPARATUS AND EQUIPMENT A. As the owner of the station's apparatus and equipment, the Company agrees to authorize career employees to drive, operate, and utilize the apparatus and equipment, providing the operation and use is in accordance with an established standard driver/operator course and procedure for all companies as developed and agreed upon by the company Chief's or their designees and the County. The Company Chief or his designee shall be responsible for providing orientation training to all new career personnel assigned _ to the station on the proper operation and use of company apparatus and equipment. The Company Chief or his designee shall be responsible for the final approval of all drivers. All Training shall be completed within one month of career employee's assignment. B. The Company recognizes that in addition to emergency response, its apparatus and equipment will be used by career personnel to perform routine duties such as physical fitness training, public fire and rescue safety education programs, fire prevention inspections, fire and EMS training, pre-fire planning, mapping, etc. Any activities outside of the companies first due response area must be approved by the company Chief or their designee. C. It is the responsibility of the Company to maintain all apparatus and equipment that is in service in proper safe working order. While vehicle maintenance and repair is the responsibility of the Company, career personnel will participate in a shared responsibility of 10 cleaning and minor preventative maintenance. Career personnel may make minor repairs to apparatus and equipment when such repairs are within their mechanical capability and the Company Chief or designee has authorized the work. D. Volunteer and career personnel shall ensure operational readiness and shall perform daily apparatus and equipment inspections and testing. Deficiencies found shall be noted and reported to the appropriate Company operational officer. 11. TRAINING A. Volunteer and career personnel shall maintain a knowledge and skill level proficient with their appropriate assigned Fire and EMS duties through a curriculum mutually established and and in consultation with the Association and the County. B. The Company will be assisted with its training program as available and requested. The development and facilitation of countywide courses will be coordinated through the County Fire and Rescue __ Training Committee and provided to Frederick County Fire and Rescue volunteers at no cost, if approved in the annual budget process. C. From time to time, one or more career staff may be sent to special training programs. When this occurs, the vacant position will be filled with either a qualified volunteer (approved by the Company Chief or his designee) or a full or part-time career employee. 12. INSURANCE AND LIABILITY A. Each party will cooperate with the other in risk prevention programs to reduce the risk of bodily injury, property damage, and any consequential liability. B. Each party shall provide insurance or a program of self-insurance which will cover damage or loss to real or personal property caused by negligent acts or omissions by their members or employees. C. Subject to annual review and approval of the Board of Supervisors and the County shall provide an accident policy for the Company. 13. MODIFICATION A. This Agreement may be amended or modified only by a written document, signed by the parties hereto. B. The parties recognize that this Agreement cannot address every policy or procedural issue that may be encountered, and they do state their intention to review this Agreement annually to identify appropriate additions or modifications. 14. TERMINATION A. This Agreement may be terminated by either party by six (6) months written notice to the other party. _ B. This Agreement shall terminate in the event of the dissolution of the Company. The Company may be dissolved by voluntary dissolution by the Company or pursuant to the provisions of Virginia Code 27- 10. C. Since the assets of the Company were derived through public contributions, the Company agrees in the event of dissolution for any reason to vest title to all land, buildings, apparatus, and equipment to the County, to a Town (if the Company's station is located in the Town), or an organization that will be committed to carrying on the Company's public safety mission to the citizens of the County. 15. GENERAL A. This document supersedes any and all prior agreements, either written or verbal, entered into between these parties to the extent 12 that the subject matter of any prior agreements is addressed or related to the subject matter of this document. B. This agreement defines the working relationship between the County and the Company. Except as expressly provided to the contrary, nothing in this agreement creates a standard of conduct or a standard of care with respect to citizens, employees, or volunteers. C. It is agreed that each party to this agreement acknowledges its role in providing fire and rescue services to the citizens of Frederick County, Virginia. It is further agreed that the relationship between the County, the Company, and their members and employees, shall reflect an attitude of cooperation toward the achievement of effective and efficient fire and rescue services for County citizens. D. The parties agree to plan, develop and maintain a strategic plan for the future needs of the fire and rescue system of which will be reviewed annually and will include a five and ten year projected plan. The strategic planning group shall consist of the Department Chief or his designee, the Company Chief's or their designees, the Board liaison or his designee, the County Administrator or his designee as well as career field personnel, as designated. E. The parties each express their intent to work together to develop and/or revise Standard Operating Procedures. F. By this Agreement and agreements with other volunteer fire and rescue companies the County is providing for fire and rescue services to its citizens by using both government-employed (career) personnel and Company personnel, and the Company shall be deemed an instrumentality of the County for purposes of Virginia Code 27-23.6. 13 COUNTY OF FREDERICK, VIRGII~TIA DATE: By: Chairman, Board of Supervisors DATE: By; County Administrator DATE: By; Department Chief COMPANY DATE: By; Company Chief DATE: By; President 14 CQUNTY of FREDER)!CK John IZ. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frederick.va.us M~NiQRANDUIVI TO: Board of Supervisors ~ FROM: John R. Riley, Jr., County Administrator ~'4` SUBJECT: Fire and Rescue Service Enhancements DATE: June 19, 2007 Per the Chairman's request at the June 13, 2007 meeting, attached please find a list of issues the County and the Volunteer Companies are pursuing in an ongoing effort to improve the level of Fire and Rescue services for our citizens, as well as to enhance the working relationship of the County's combined volunteer and career fire and rescue service. It should be pointed out that there are two areas, which the County has brought to closure. They are: Elimination of the Kelly Day. Adherence to the Fair Labor Standards Aet. This List is being provided to you for your information and no action is required at this time. Should you have any questions, please contact me. JRR/j et Attachment 107 North Kent Street Winchester. Virginia 22601-5000 F&R Department HR Issues Raised in Consultant Reports _ 1. A concerted effort to facilitate an environment where the county and its vohurteer fire companies cooperate and collaborate to best serve the interests of the citizens. 2. GIS based dispatch and any changes to that approved by GIS. 3. Contracts between the County and companies should be updated, broadened, and formally reviewed biannually. 4. Single set of SOPs for entire F&R system. 5. Steps should be taken to ensure integrity of the fire records management system. To include required. usage, consistent rules, and strict administrative rights. 6. A strategic plan forF&R services should be developed, with policy guidance from BOS and with input from other county departments. 7. The position of Director of Fire & Rescue needs to be examined and redefined to balance authority and responsibility. The skill set of the Director of F&R needs to be examined for congruency with the rotes of that positioq and additional training, education, or assistance provided if necessary. 8. Assure health, safety, and well-being of its employees. 9. Strict adherence to the incident management requirements of NIlVIS, OSHA,, and all other regulations should be required. Where career FBcR officers are the senior, most experienced, most qualified individuals on the scene, they should have the authority to assume and exercise command positions in the incident command system. 10. Establish procedures so the 4, preferably 6, employees respond to a potentially serious medical emergency. 11. Stop allowing County employees to volunteer in other County companies. 12. Future fire station placement should be based on growth within the County. 13. Data from CAD system should be used to guide decision-making by all participants. - -- Y~.-Eliminate Ke11y Day in work schedule.