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

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(e) "Wind Up Period" means the agreed upon process as determined by the Transition Group resulting from contract termination in Sections 2.4 (Voluntary Termination) or 2.5 (Termination for Material Breach) to re-establish the City's fire related services either by reconstituting the City's fire department or by contracting with another fire service provider. 2. TERMS OF SERVICE AND ANNEXATION. 2.1. Term. This Agreement shall be effective on January 1, 2023 ("Effective Date") and shall automatically renew every two years on the Anniversary Date in odd -numbered years (2025 and 2027), unless earlier terminated in accordance with Sections 2.2 (Termination upon Annexation Effective Date), 2.4 (Voluntary Termination), and/or 2.5 (Termination for Material Breach). For purposes of this Agreement, January 1y` shall be referred to as the "Anniversary Date." 2.2. Termination upon Annexation Effective Date. Immediately upon the Effective Date of this Agreement, the Parties shall determine a schedule for developing terms by which the City shall, if approved by City voters, annex into the RFA consistent with terms ofa mutually agreeable Annexation Plan. While acknowledging that this action is subject to future legislative action by both Parties, the Parties agree to use best efforts to place an annexation ballot measure before the City voters no later than the April 2024 special election ("First Annexation Vote"), with an annexation effective date no later than August 1, 2024. If the voters approve the annexation, then this Agreement shall terminate as of the annexation effective date. If the First Annexation Vote is rejected by City voters, then the Parties agree to work together to determine if the annexation proposition should be revised, and in any event, shall use their best efforts to submit a second annexation vote proposal to the voters of the City by no later than the April 2025 special election ("Second Annexation Vote"), with an annexation effective date no later than August 1, 2025. If the voters approve the annexation at the Second Annexation Vote, then this Agreement shall terminate as of the annexation effective date for the Second Annexation Vote. 2.3. Annexation Principles. The Parties agree that they shall seek an Annexation Plan to accomplish the following shared goals and principles: (a) Equitable Governance Representation. The City shall be provided voting seats on the RFA Board equivalent to the voting rights of other Cities or Fire Districts that are RFA members with RFA Board voting rights. (b) Equitable Financial Contribution. During the teen of this Agreement, the Parties agree that the RFA finances should not result in any participating jurisdiction providing a significant subsidy to other agencies that participate in, or served under contract by, the RFA and should reflect the benefit to each participating jurisdiction or contract agency of having the services from a regional fire agency. The Parties agree to review adjustments to the RFA Fire Benefit Charge (FBC) formula and to {KL52682066.0OCX;1/13175.000001/ } 2