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017-07�11�� , , N'��f ((11-' � i 1 � � /��`r ' 411111111 ,y� ,�'' '�11 �� ��� � �� ���fj 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. SE IT FURTHER RESOLVED, that the Chairman is hereby authorized to execute said Joint Fire &Rescue Agreements on behalf of the County. Adopted this 26th day of September, 2007. VOTE: Richard C. Shickle Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Charles S. DeHaven, Jr. Aye Barbara E. Van Osten Aye Gary W. Dove Aye .I� %i Resolution No.: 017 -07 COUNTY of FREDERICK Johr1 R. RFIey, ,1F. County Administrator 540/665 -5666 Fax 540/667 -0370 E -mail: jriley C'co.frederick.va.us MEMORANDU1Vl� TO: Board of Supervisors ,. FROM: John R. Riley, Jr., County Administrator (��' SUBJECT: Fire and Rescue Joint Agreement `f DATE: September 18, 2007 Attached please find a final draft of the Fire and Rescue Joint Agreement between the fire companies and the County. As you might recall, the working. group requested that consideration of this matter be postponed until the Board's September 26, 2007 meeting in order to allow them to discuss the changes with their individual companies before giving a final endorsement/acceptance of the agreement. The Board accommodated this request and we are bringing forth a version of the Fire and Rescue Joint Agreement that has been reviewed by all parties and found to be acceptable to each. Staff is seeking the Board's approval of this agreement and authorization. for the Chairman to execute same on behalf of the County. Should you have any questions, please contact me as soon as possible. JRRJj et Attachment 107 North Kent Street Winchester. Virginia 22601 -5000 08/15!07 This Fire and August, 2007, all Volunteer Companies). FIRE AND RESCUE JOINT AGREEMENT Rescue Joint Agreement (Agreement) dated the day of by and between the County of Frederick, Virginia (the County) and Fire and Rescue Companies presently serving in Frederick County (the RECITALS A. 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. B. 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. C. 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. D. 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. E. The County remains committed to maintaining a strong and viable volunteer fire and rescue system that is supplemented by career fire and rescue employees, F. 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. G. In accordance with Virginia Code 27 -15.1, it is the intent of the parties to continue to allow the Companies to exercise authority in the process of answering alarms or operating at emergency incidents. H. In this agreement, when reference is made to County rules, regulations, requirements and procedures of which are currently not in existence, it is agreed upon that they shall be mutually developed, approved and implemented by the County and the Operations Team. 1 TERMINOLOGY For purposes of this Agreement the following terms shall have the following meanings: The Board of Supervisors of the County of Frederick, Virginia, shall be known as the Board and in certain instances, the County. Company shall refer to the individual Volunteer Fire and Rescue Company executing this agreement. Companies shall refer to all Volunteer Fire and Rescue Companies organized and located within the boundaries of the County of Frederick, Virginia. County shall refer to the County of Frederick, Virginia as well as the Board of Supervisors. Director of the County Fire and Rescue Department shall be known as the Department Chief. The Chief Operational Officer of the Company shall be known as the Company Chief. The President of the Company shall be known as the President. The Frederick County Fire and Rescue Department shall be known as the Department. -- The Frederick County Volunteer Fire and Rescue Association shall be known as the Association. The aforementioned persons and groups shall also 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 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 2 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 as provided by the County's certified public accountant auditor, and provide the information and data requested by said certified public accountant auditor for such audits (3) ensure that the County's certified public accountant auditor files the Annual Financial Statement required by the County, using such forms and procedures as prescribed by the County's certified public accountant auditor and that the County is given a copy of the Financial Statement 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. ]✓. 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 set forth in this agreement, including, without limitation, the provisions set forth in Paragraph l .Funding. The County shall provide written notice to the Company of their intent to withhold funding along with the reason. The Company shall have seven (7) days to respond to the County along with the ability to request a meeting to discuss said notice and suggested courses of correction. 2. TEAM The Company shall maintain an Operations Team. (Chief's Work Group), which will serve as advisors to the Department Chief and as liaisons with other companies. The Company Chief or his designee shall serve on the Operations Team. The Team shall meet at least monthly. 3 3. RECORDS AND DATA A. The Company shall utilize an incident software reporting system 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 by the Systems Administrator in conjunction with the Operations Team. In addition, the System Administrator will 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 conjunction with the Operations 'Team. �- 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 accordance with County dispatch and response procedures as established and in conjunction with the Operations Team. 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 conjunction with the Operations Team. 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 County requirements. 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. B. The County agrees to, provide station staffing with career personnel to supplement volunteers. Actual work hours will be determined by mutual agreement between the Company Chief or his designee and the Department Chief. C. Until a criterion 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, County and Company requirements 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. Career employees of the County are permitted to participate as members of County Volunteer Fire Companies during their off duty hours. These employees must follow all Fair Labor Standards Act regulations in conjunction with their volunteer duties. In order to guazd both the volunteer company and the Fire and Rescue Department from potential conflicts of interest, al] 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, Rescue Captain, President, Vice- President or Treasurer of a volunteer company or serve as a voting delegate, officer, or committee chair ofthe Frederick County Volunteer Fire and Rescue Association. E 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 selection process, for career personnel who 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 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 or his designee. B. Supervision of career personnel shall rest with the Department Chief or his designee, with the guidance the Company Chief or their designees. Work 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, the Company Chiefs or their designees, and shall be standard throughout all companies as established and agreed upon by the Department and the Operations Team. 0 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 oat as assigned. D. The Department Chief, the Company Chief or their designees may 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 or his designee 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 ofthe Department Chief. The County Administrator shall 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 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. 7 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 azea/lounge e) Shower facility 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. Vaiunteer and cazeer personnel shall share general custodial duties. 0. 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 Chiefls 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. E All Training shall be completed based upon the availability of Company __ approved trainers and the experience level of the employee. B. The Companyrecognizesthot 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, cazeer personnel will participate in a shared responsibility of cleaning and minor preventative maintenance. Career personnel may make minor repairs to apparatus and equipment when such repairs aze 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 by the Department and the Operations Team. 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 0 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 by the Board of Supervisors, 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 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 10 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 wi 11 be reviewed annually and wi 11 include a five and ten year projected plan. The strategic planning group shall consist of the Department Chief, the Company Chiefs, the Board liaison, the County Administrator, the Association President or their designees as well as career and volunteer 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. COUNTY OF FREDERICK, VIRGINIA DATE: By. Chairman, Board of Supervisors COMPANIES DATE: By. Stephens City Volunteer Fire and Rescue Company, Inc. Chief DATE: gy_ Stephens City Volunteer Fire and Rescue Company, Inc. President 11 DATE: By: Middletown Volunteer Fire and Rescue Company, Inc. Chief DATE: By: Middletown Volunteer Fire and Rescue Company, Inc. President DATE: By: Clear Brook Volunteer Fire and Rescue, Inc. Chief DATE: By: Clear Brook Volunteer Fire and Rescue, Inc. President DATE: By: Gore Volunteer Fire Company Chief DATE: By: Gore Volunteer Fire Company President DATE: By: Round Hill Community Fire and Rescue Company, Inc. Chief DATE: By: Round Hill Community Fire and Rescue Company, Inc. President DATE: gy. Gainesboro Fire Company, Inc. Chief DATE: By: Gainesboro Fire Company, Inc. President 12 DATE: By; Star Tannery Volunteer Fire Department Chief DATE: By; Star Tannery Volunteer Fire Department President DATE: By; Greenwood Volunteer Fire and Rescue Company, Inc. Chief DATE: By; Greenwood Volunteer Fire and Rescue Company, Inc. President DATE: gy; North Mountain Volunteer Fire Company, Inc. Chief DATE: By; North Mountain Volunteer Fire Company, Inc. President DATE: By; Reynolds Store Volunteer Fire and Rescue Company, Inc. Chief DATE: By; Reynolds Store Volunteer Fire and Rescue Company, Inc. President DATE: gy; Millwood Station Volunteer Fire and Rescue Company 21, Inc. Chief DATE: By; Millwood Station Volunteer Fire and RescueCompany2l, Inc. President 13