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

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6.3. Accrued Employee Leave Balances. The RFA shall be responsible for the full amount of City employees' leave balances, excluding the value of accrued compensatory time, existing on the Effective Date of this Agreement, which value the City shall determine and provide to the RFA as of December 31, 2022. The Parties agree that these leave balances offset the Personal Property transfer set forth in Section 5.3 in a manner that is fair and equitable to both Parties, and that the City shall not owe any additional compensation to the RFA for such accrued employee leave balances upon annexation. (a) Responsibility for Accrued Leave Balances Accruing After Effective Date on Termination. The terminating Party (RFA or City) under Section 2.4 shall be responsible for accrued leave balances of any of the RFA employees employed by the City or its successor service provider to meet the City's minimum staffing requirement that are laid off by the RFA as a direct result of the termination of this Agreement. The breaching Party (RFA or City) under Section 2.5 shall be responsible for accrued leave balances of any of the RFA employees employed by the City or its successor service provider to meet the City's minimum staffing requirement that are laid off by the RFA as a direct result of the termination of this Agreement. If the Parties mutually agree to the termination of this Agreement, the impacts to accrued leave balances shall be bargained in good faith by both sides. If the Agreement is terminated by annexation, the RFA shall remain responsible for the accrued leave balances. 6.4. City Responsibility for Law Enforcement Officer & Fire Fighter (LEOFF) Plan I Retirees. The City shall retain the liability for LEOFF 1 City Fire Department retirees to include medical and long-term care insurance payments and any other expenses incurred by the City Fire Department LEOFF 1 personnel in accordance with the City LEOFF 1 Policies and Procedures. The City does not have any LEOFF 1 members currently employed. 6.5. City Responsibility for Retirement Management Program (RMP). The City retains the obligations established in the City of Tukwila and IAFF Local 2088 Collective Bargaining Agreement (CBA) Memorandum of Understanding (MOU) concerning the Retirement Management Plan (RMP) for participants that have retired prior to January 1, 2023, as identified in Exhibit K (RMP) 6.6. Indemnification Regarding City Personnel Claims. The City shall indemnify, defend, and hold the RFA harmless from any and all demands, claims, or actions by former City Personnel, which arise out of, or relate to, the City Personnel's employment prior to the Effective Date of this Agreement. 6.7. Civil Service. As of the Effective Date of this Agreement, the City Employees transferred to the RFA shall be subject to the RFA's Civil Service Commission consistent with chapter 41.08 RCW and RCW 52.26.100. During the term of this Agreement, the City personnel shall be considered part of the RFA's civil service system. 6.8. Effect on Represented Personnel in the Event of Termination. a) The Parties acknowledge that all Zone 3 fire/EMS agencies are reliant on one another to support incident responses daily, and that Zone 3 fire/EMS agencies {K1.52682066.DOCX;I/13175.00fOOl/ } 10