22-133 - Puget Sound Regional Fire Authority - Interlocal Agreement for Consolidation of Fire Services

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4. PAYMENT FOR SERVICES. 4.1. Payment Procedures. For the services provided pursuant to this Agreement, the City shall pay the RFA the amounts determined under Exhibit A (Costs). The RFA shall provide the City with quarterly invoices for the amounts due for services rendered in the previous quarter, and the City shall pay all invoiced amounts within 30 days of receipt. 4.2. Semi -Annual Cost Evaluation and Equalization. The Parties intend that the payment for services be fair, equitable, and reasonable, Prior to the RFA providing the second and fourth quarter invoices to the City, the Parties shall evaluate whether the actual costs of services rendered by the RFA approximately equal the City's proposed payment for services consistent with Exhibit A (Costs). The Parties intend to adjust the City's payment upward or downward to ensure the City is not over or under paying for services rendered by the RFA. 4.3. Failure to Submit Invoice. The failure of the RFA to submit an invoice for services to the City within the timeframes provided in this Agreement shall not result in a waiver of the City's obligation to pay for the services; provided that the failure of the RFA to invoice the City for a period in excess of thirteen (13) months from the date the services were rendered shall result in a complete waiver and shall release the City from any obligation to pay for those services, unless otherwise agreed to by the Parties. 4.4. RFA Charges Under RCW 52.30.020, The RFA may exercise its powers under RCW 52.30.020, or other provisions of state or federal law related to fire protection and emergency medical services, by contracting directly with state agencies, state institutions or municipal corporations owning real property or improvements within the City. 4.5. Significant Change in Cost of Providing Services. In the event either Party determines that a material and significant increase or decrease in the costs of providing services under this Agreement as the result of a legislative policy or declaration, or other event has occurred that mandates a change in the level of service or cost of service, beyond the control of the Parties, then, at the request of either Party, the Parties shall renegotiate the funding and service provisions of this Agreement. If the Parties are unable to successfully renegotiate this Agreement through good faith negotiations, the Dispute Resolution Provisions of this Agreement shall apply. 4.6. No Additional Financial Contributions as a Condition of Annexation. The City having transferred its fire apparatus and equipment to the RFA in anticipation of the City's near-term annexation into the RFA pursuant to this Agreement, the Parties agree and confirm that the RFA will not require any further financial contributions from the City as a condition of annexation, including but not limited to reserve and working capital funding, annexation start-up costs, or any other one time or ongoing financial needs of the RFA. Notwithstanding the foregoing, unless the Parties agree to share the cost of the City annexation election(s) and public outreach related to those election(s), such costs shall be the responsibility of the City. {K 152682066.010CX;1/13175.040001/ }