HomeMy WebLinkAbout07-16-18 City Commission Packet Materials - C9. Interlocal with Misc. Agencies for Firefighters Testing Consortium
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Josh Waldo, Fire Chief
Andrea Surratt, City Manager
SUBJECT: Authorize City Manager’s signature on Inter-local agreement for the Fire
Department to continue as a member of the Montana Firefighter Testing
Consortium.
MEETING DATE: July 16, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager’s signature on agreement.
BACKGROUND: The Fire Department is a member of the Montana Firefighter Testing
Consortium which holds annual testing for firefighter positions to create pool of candidates for
firefighting jobs in the consortium member departments. The attached inter-local agreement is
an update to reflect Havre Fire Department joining the consortium and requires that all member
organizations reaffirm their membership.
ALTERNATIVES: As suggested by the City Commission
FISCAL EFFECTS: None
Attachments: Montana Firefighter Testing Consortium Inter-local Agreement
Report compiled on: June 29, 2018
141
INTERLOCAL AGREEMENT
FOR CREATING
MONTANA FIREFIGHTERS TESTING CONSORTIUM
Second Amended and Restated
This Second Amended and Restated Interlocal Agreement (“Agreement”) is made in the state of
Montana by public agencies organized and existing under the laws of the state of Montana and which are
signatories to this Agreement (“Members”).
RECITALS
WHEREAS, Article XI, Section 7 of the Montana Constitution provides that a local government unit may
(a) cooperate in the exercise of any function, power, or responsibility with, (b) share the services of any
officer or facilities with, (c) transfer or delegate any function, power, responsibility, or duty of any officer
to one or more other local government units, school districts, the state, or the United States.
WHEREAS, Montana’s Interlocal Cooperation Act provides that its purpose is to permit local
governmental units to make the most efficient use of their powers by enabling them to cooperate with
other local governmental units on a basis of mutual advantage and thereby to provide services and
facilities in a manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and development of local
communities (Montana Code Annotated § 7-11-102).
WHEREAS, Montana’s Interlocal Cooperation Act further provides that one or more public agencies may
contract with any one or more other public agencies to perform any administrative service, activity, or
undertaking or to participate in the provision or maintenance of any public infrastructure facility, project,
or service (Montana Code Annotated § 7-11-104).
WHEREAS, a public agency is any political subdivision, including municipalities, counties, and fire
districts (Montana Code Annotated § 7-11-103).
WHEREAS, the Members each provide fire protection services and each is responsible for hiring
qualified firefighters.
WHEREAS, each Member has its own recruiting and hiring processes, and would otherwise at various
times have to conduct expensive and time-consuming testing.
WHEREAS, the duties of firefighters for each Member, as determined by a task analysis, are similar.
WHEREAS, the Members would all benefit in terms of efficiency and economy by consolidating their
recruiting and testing efforts for firefighter candidates by establishing a pool of qualified firefighter
candidates for consideration in hiring.
NOW THEREFORE, in consideration of the covenants and mutual benefits described herein, the
Members agree as follows:
I.DEFINITIONS
A.Board of Directors (the Board): The whole created by all of the sets of two Member
Representatives of each Member; see also Section III (B).
B.Candidate: Any person who has timely paid the application fee and submitted a
complete application to take the Test.
C.Consortium: The Montana Firefighters Testing Consortium.
Page 1 of 11
142
D.Test: The combined physical and written test offered annually by the Consortium.
E.Member: Any public agency, as defined by Montana Code Annotated § 7-11-103,
including a municipality, fire district, fire service area, local government, or other
political subdivision which is both (1) a signatory of this Agreement, or any amended
versions thereof, and (2) in compliance with the terms of this Agreement, or any amended
versions thereof, and with the membership requirements set forth in the Consortium’s
bylaws or any subsequent amendments thereof.
F.Member Representative: One of two individuals designated by a Member to represent
the Member’s interests at meetings of the Consortium.
II.DURATION
The duration of this Agreement shall be perpetual unless terminated by the Members in accord
with Section VII (E) below.
III.CREATION OF THE AUTHORITY
A.Pursuant to the Interlocal Cooperation Act, a public entity, separate and distinct from the
parties hereto, is hereby created and shall henceforth be known as the Montana
Firefighters Testing Consortium (“the Consortium”).
B.The Consortium shall be administered by a joint board of two representatives from each
Member (“Member Representatives”). This joint board shall be called the Board of
Directors (“the Board”), which shall be responsible for effectuating this Agreement.
IV.PURPOSE
The purpose of this Agreement is to set forth the general and statutorily required terms of
operation and financing the Consortium, which shall be responsible for the Members’ undertaking of a
joint testing program for the identification of qualified candidates for consideration in hiring for the
position of entry-level firefighter.
V.GOALS
The goals of the Consortium are as follows:
A.To develop, establish, and modify, as the Board deems necessary, operational policies,
protocols, and procedures to achieve the purpose of this Agreement;
B.To implement and coordinate the financial, operational, and procedural aspects of the
Test application and testing processes, procedures, and protocols;
C.To share in the costs of administering this Agreement and achieving its purpose;
D.To provide for the consistency of administration of the application and testing processes;
and
E.To create a list of qualified candidates after each testing cycle from which each Member
may select candidates to interview and possibly hire for the position of entry-level
firefighter.
VI.FINANCING
A.The Members shall be responsible to share equally in the costs related to this Agreement,
including administering and coordinating the Test application and testing processes.
B.The Board shall be responsible for establishing a budget each fiscal year, which shall run
from July 1 through June 30 of the following year.
C.Sources of funding may include the following:
1.Dues: Each Member, as a condition of membership, must pay its initial
membership dues and its annual dues.
Page 2 of 11
143
a.The amount each new Member shall be required to pay as its initial
membership dues, as well as the amount of the annual dues any Member
shall be required to pay, shall be as set from time to time by a simple
majority vote of the Board.
b.The Board may set reduced initial membership dues and reduced annual
dues for Members whose financial circumstances, in the Board’s sole
discretion, warrant such a reduction.
2.Fees: Additional funding of the Consortium is also derived from the Test
application fees received from Candidates.
3.The Consortium may also from time to time apply for and receive other sources of
revenue, such as grant funds.
VII.TERMINATION
A.A Member may withdraw from the Consortium and this Agreement by giving the Board
60 days’ written notice of the intent to withdraw.
B.Any Member whose withdrawal would otherwise become effective 30 days or less before
the scheduled Test shall not be permitted to withdraw until after the Test is completed,
including tear down, and shall be required to participate, assist, and staff the testing in
the same manner and effect as if the Member had not submitted notice of the intent to
withdraw.
C.When a Member withdraws, this Agreement shall remain in full force and effect with
regard to the remaining Members.
D.So long as at least two Members remain parties to this Agreement, the Consortium shall
continue to operate.
E.This Agreement may be completely terminated at any time upon the vote of 100% of the
Members’ governing bodies.
F.The Consortium shall continue to exist and operate after complete termination, however,
for the purpose of retiring any debt, including paying any remaining bills for operational
expenses, disposing of all claims, selling all real and personal property in accord with
Section VIII (B) herein, and distributing all assets equally, including cash accounts, and
performing all other functions necessary to conclude the affairs of the Consortium.
G.Following complete termination of this Agreement, Members who were Members on the
date the vote in favor of terminating the Agreement was made may be required to pay an
assessment to the Consortium, as determined by the Board, to enable final disposition of
all remaining balances due for operational expenses and other minor costs of doing
business.
VIII.PROPERTY
A.The real or personal property owned by the Consortium shall be owned proportionally by
the Members, regardless of when they become Members. A Member which withdraws
from the Consortium foregoes all interest it has in the Consortium’s real or personal
property so long as the Consortium continues to operate.
B.In the case of the complete termination of this Agreement in accord with Section VII (E),
any real or personal property owned by the Consortium shall be sold at fair market value
and the proceeds, if any remain after disposition of all remaining balances due for
operational expenses and the other minor costs of doing business, shall be divided
equally, distributed, and deposited to the general funds of each of the Members who were
Members on the date of the vote in favor of terminating this Agreement was made.
IX.PARTIES TO THIS AGREEMENT
A.Each Member, as a party to this Agreement, certifies that it intends to and does contract
with, for the purposes and to the extent as herein provided, all other parties who are
signatories of this Agreement, or may later become signatories of this Agreement.
B.The addition of any new Member to this Agreement shall constitute an Amendment
Page 3 of 11
144
subject to the requirements of Section XIII.
C.Each Member further certifies that a Member’s voluntary termination of this Agreement
as to its own participation as a Member, as well as a Member’s involuntary removal as
party to this Agreement for failure to meet the Member’s Responsibilities, as set forth in
Section XI herein, shall not affect this Agreement nor the remaining Members’ intentions
to work cooperatively to achieve the goals and objectives set forth herein.
X.CONSORTIUM RESPONSIBILITIES AND OBLIGATIONS
A.Prior to each Test, the Board shall select and hire an independent consultant to validate
each Member’s job descriptions and requirements for the position of entry-level
firefighter.
1.Validation consists of comparing job descriptions, job analysis questionnaire
results, and the CPAT, or such other similar test as the Board may adopt, for
compatibility of activities.
2.All Members must use the same validation procedures.
B.The Board shall purchase and maintain liability insurance with liability limits of
$1,500,000 per occurrence and $3,000,000 aggregate per policy year. The insurance
shall name each Member as an additional insured and shall cover the Board of Directors,
Members and their employees, and volunteers. The Board Chairperson shall provide a
copy of the current insurance policy to each Member at the beginning of each policy year.
C.The Board shall adopt bylaws, which shall be consistent with this Agreement and the law,
and shall set forth the operational and procedural policies, protocols, and guidelines
necessary to implement the Agreement’s terms and achieve the Consortium’s purpose and
goals, including the creation of an Executive Committee, which shall handle the day-to-
day business of the Consortium and which shall have powers as more particularly
described in the bylaws. At a minimum, the bylaws shall provide as follows:
1.The Officers of the Consortium shall be a chairperson, a vice-chairperson, a
secretary, and a treasurer. The latter two officer positions may be combined and
the offices filled by one Member Representative.
2.Officers shall be selected from the Member Representatives, except that the
secretary position or the combined secretary-treasurer position may be filled by
an independent contractor selected by the Board.
3.A quorum exists when a simple majority of the Member Representatives are
present, either in person, by telephonic or other electronic means, such that they
can hear, be heard, and meaningfully participate.
4.A vote of a simple majority at a meeting where a quorum is present shall
constitute the action of the Board.
5.Minutes shall be taken at all meetings.
6.The treasurer shall provide all necessary administrative and accounting functions
for the Board and shall have the custody of and disburse funds. The treasurer
may delegate disbursing authority to such persons as may be authorized by the
Board to perform the disbursement function.
7.As a deliberative body, the Consortium will follow basic standards of
parliamentary procedure in the conduct of all its meetings, and Robert’s Rules of
Order and Mason’s Manual of Legislative Procedure may be used for general
guidance at any meeting.
8.All Board meetings shall be noticed, held, and conducted in compliance with the
Open Meeting and Notice statutes of the state of Montana.
9.The adoption of the bylaws and any amendments to the bylaws shall be consistent
with this Agreement and the law and shall be accomplished by an affirmative
written ballot of a simple majority or more of the Member Representatives.
10.Each Member and Member Representative shall receive a copy of the bylaws or
any amendments thereof.
11.The Consortium shall abide by all applicable local, state, and federal laws and
regulations.
Page 4 of 11
145
XI.MEMBER RESPONSIBILITIES
Members have the following responsibilities:
A.To share equally in the cost of accomplishing the Consortium’s purpose and goals,
including the costs of coordinating and administering the Test.
B.To provide, at their own expense, personnel to assist in coordinating and administering
the Test, including providing personnel to staff both components of the Test.
C.To pay their own costs in the validation of their own job descriptions and requirements
for the position of entry-level firefighter.
D.In the case of a new Member, to promptly pay the initial membership fee, as shall be
established by the Board.
E.To promptly pay their annual dues as the Board shall set from time to time.
F.To regularly attend and meaningfully participate in all meetings and in every testing
event.
XII.CONSORTIUM RIGHTS
A.The Board, in its sole discretion, shall determine the type of testing it will use to identify
qualified candidates for consideration for hiring for the position of entry-level firefighter,
including the testing processes, procedures, protocols, instruments, and equipment to be
used.
B.The Board, in its sole discretion, shall determine the intervals at which the testing will be
offered, the location at which the testing will take place, and the number of candidates it
will allow to take part in the testing.
C.The Board, in its sole discretion, shall determine the number of meetings which are
necessary, as well as the date, time, and location of all meetings.
D.The Board, in its sole discretion, shall determine the amount of annual dues which shall
be paid by each Member and the date when due.
E.The Board shall have the power to contract as needed to carry out the purpose of the
Consortium and this Agreement.
XIII.AMENDMENTS
This Agreement may be amended at any time by a vote of a simple majority of the Members acting
through their governing bodies. Amendments become effective when the Board receives written
confirmation from a simple majority of the Members, through their Member Representatives, that their
governing bodies have approved an amendment.
XIV.EFFECTIVE DATE
This Agreement shall be effective and binding upon a Member when its governing body becomes a
signatory hereto.
XV.FILING
A.In accord with Montana Code Annotated § 7-11-107, this Agreement shall be filed with the
county clerk and recorder of the county or counties wherein each Member is situated and
with the secretary of state. Upon the amendment of this Agreement, the amended version
shall then be recorded as provided herein.
B.The Board shall designate the person or persons who shall be responsible for the filing of
this Agreement and any subsequent amended versions hereof.
XVI.ASSIGNMENT
Members may not assign any right, claim, or interest it may have as a consequence of being a
party to this Agreement, and no creditor, assignee, or third party beneficiary of any Member shall have a
right, claim, or title to any fund or asset of the Consortium.
Page 5 of 11
146
XVII.EXECUTION
This Agreement shall be executed on behalf of the Member by its chief executive officer or
chairperson and attested by its clerk or secretary, as appropriate, upon approval of the Agreement by the
Member’s governing body. This Agreement may be executed in multiple counterparts, each of which shall
constitute one and the same document.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date subscribed
hereto.
DATE: _________________________BIG SKY FIRE DISTRICT
By:_________________________________
Signature of Chief Executive Officer/Chair
____________________________________
Printed Name of Chief Executive Officer/Chair
Its:__________________________________
Attest:
____________________________________________
Signature of Clerk/Secretary
____________________________________________
Printed Name of Clerk/Secretary
Its: _________________________________________
DATE: _________________________CENTRAL VALLEY FIRE DISTRICT
By:_________________________________
Signature of Chief Executive Officer/Chair
____________________________________
Printed Name of Chief Executive Officer/Chair
Its:__________________________________
Attest:
____________________________________________
Signature of Clerk/Secretary
____________________________________________
Printed Name of Clerk/Secretary
Its: _________________________________________
Page 6 of 11
147
DATE: _________________________CITY OF BILLINGS
By:_________________________________
Signature of Chief Executive Officer/Chair
____________________________________
Printed Name of Chief Executive Officer/Chair
Its:__________________________________
Attest:
____________________________________________
Signature of Clerk/Secretary
____________________________________________
Printed Name of Clerk/Secretary
Its: _________________________________________
DATE: _________________________CITY OF BOZEMAN
By:_________________________________
Signature of Chief Executive Officer/Chair
____________________________________
Printed Name of Chief Executive Officer/Chair
Its:__________________________________
Attest:
____________________________________________
Signature of Clerk/Secretary
____________________________________________
Printed Name of Clerk/Secretary
Its: _________________________________________
Page 7 of 11
148
DATE: _________________________CITY-COUNTY OF BUTTE-SILVER BOW
By:_________________________________
Signature of Chief Executive Officer/Chair
____________________________________
Printed Name of Chief Executive Officer/Chair
Its:__________________________________
Attest:
____________________________________________
Signature of Clerk/Secretary
____________________________________________
Printed Name of Clerk/Secretary
Its: _________________________________________
DATE: _________________________CITY OF GREAT FALLS
By:_________________________________
Signature of Chief Executive Officer/Chair
____________________________________
Printed Name of Chief Executive Officer/Chair
Its:__________________________________
Attest:
____________________________________________
Signature of Clerk/Secretary
____________________________________________
Printed Name of Clerk/Secretary
Its: _________________________________________
Page 8 of 11
149
DATE: _________________________CITY OF HAVRE
By:_________________________________
Signature of Chief Executive Officer/Chair
____________________________________
Printed Name of Chief Executive Officer/Chair
Its:__________________________________
Attest:
____________________________________________
Signature of Clerk/Secretary
____________________________________________
Printed Name of Clerk/Secretary
Its: _________________________________________
DATE: _________________________CITY OF HELENA
By:_________________________________
Signature of Chief Executive Officer/Chair
____________________________________
Printed Name of Chief Executive Officer/Chair
Its:__________________________________
Attest:
____________________________________________
Signature of Clerk/Secretary
____________________________________________
Printed Name of Clerk/Secretary
Its: _________________________________________
Page 9 of 11
150
DATE: _________________________CITY OF MILES CITY
By:_________________________________
Signature of Chief Executive Officer/Chair
____________________________________
Printed Name of Chief Executive Officer/Chair
Its:__________________________________
Attest:
____________________________________________
Signature of Clerk/Secretary
____________________________________________
Printed Name of Clerk/Secretary
Its: _________________________________________
DATE: _________________________CITY OF MISSOULA
By:_________________________________
Signature of Chief Executive Officer/Chair
____________________________________
Printed Name of Chief Executive Officer/Chair
Its:__________________________________
Attest:
____________________________________________
Signature of Clerk/Secretary
____________________________________________
Printed Name of Clerk/Secretary
Its: _________________________________________
Page 10 of 11
151
DATE: _________________________MISSOULA RURAL FIRE DISTRICT
By:_________________________________
Signature of Chief Executive Officer/Chair
____________________________________
Printed Name of Chief Executive Officer/Chair
Its:__________________________________
Attest:
____________________________________________
Signature of Clerk/Secretary
____________________________________________
Printed Name of Clerk/Secretary
Its: _________________________________________
Page 11 of 11
152