HomeMy WebLinkAboutCOW 2015-04-13 Item 4 - Handout Distributed at Meeting - Kent Regional Fire Authority - Interlocal AgreementINTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE
KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY
I. PARTIES
The parties to this Interlocal Agreement for the Division of Services Resulting from
the Formation of the Kent Fire Department Regional Fire Authority ( "Agreement ")
are the City of Kent (hereinafter the "City "), a Washington municipal corporation,
and the Kent Fire Department Regional Fire Authority (hereinafter the "RFA "), a
Washington municipal corporation formed in accordance with Ch. 52.26 RCW.
II. AUTHORITY
The City and the RFA are public agencies as defined by Chapter 39.34 of the
Revised Code of Washington ( "RCW "), and are authorized to enter into interlocal
agreements on the basis of mutual advantage and thereby to provide services and
facilities in the manner and pursuant to forms of governmental organization that
will accord best With geographic, economic, population, and other factors
influencing the needs of local communities.
III. PURPOSE
The City has maintained a full service fire department for decades. On April 27,
2010, voters Within the jurisdictions of the City and King County Fire Protection
District No. 37 ( "District ") voted to create the RFA in order to provide fire services,
and adopted the Regional Fire Authority Plan which sets forth the manner in which
fire services will be provided by the RFA. The RFA came into existence and became
effective on July 1, 2010. The RFA consolidated the City of Kent Fire Department
and the District into one governmental entity, with taxing authority, designed to
provide fire services within the geographical boundaries of the City and the District.
While the RFA has the authority to provide fire services, it remains the
responsibility of the City to enforce its building codes, to provide emergency
management services, and to provide fire investigation services. It is the parties`
desire, however, that the RFA perform the following services for the City: fire
prevention, emergency management, and fire investigation services. It is also the
parties' desire that the City perform the following services for the RFA: provision of
medical benefits including medical, dental, vision, wellness program, and employee
assistance program for RFA employees; Civil Service Examiner services;
information technology services; facilities maintenance; and access to the City's
commute trip reduction program and flexible spending accounts.
This Agreement establishes the framework for transferring responsibilities from the
City to the RFA pursuant to the formation of the RFA and adoption of the Regional
Fire Authority Plan. This Agreement also sets forth the manner in which the
services described above will be provided by both the City and the RFA.
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY -- Page 1 of 15
IV. EXHIBITS INCORPORATED AND AMENDABLE
Attached to this Agreement are a number of exhibits that detail the work to be
performed by the RFA for the benefit of the City, and the work to be performed by
the City for the benefit of the RFA. There are also exhibits attached to this
Agreement that designate the manner of transferring documents and handling
other matters related to the transfer of fire services from the City to the RFA. The
attached Exhibits A through K (the "Exhibits ") are adopted and incorporated into
this Agreement by this reference.
Notwithstanding any provision contained within this Agreement that states
otherwise, the Exhibits may be amended from time to time by written agreement of
the Committee, as established in Section XIV of this Agreement, in order to provide
for the orderly and efficient provision of services by the parties, and the governing
bodies of the City and the RFA hereby delegate their authority over amendments of
the Exhibits to the Committee.
V. PLAN REFERENCED AND ATTACHED BUT NOT INCORPORATED
The Regional Fire Authority Plan, which was passed by the voters of the City and
the District on April 27, 2010, is hereby attached as Attachment 1 to this
Agreement for reference purposes, though not specifically incorporated herein.
VI. RFA SOLELY RESPONSIBLE FOR COMPLIANCE WITH LAWS AND
REGULATIONS
It is recognized that with the passage of the RFA plan by the voters of the City and
the District, a new governing entity was created as of July 1, 2010, with a purpose
separate from that of the City, and with officers, employees, and elected and
appointed officials separate from those of the City. It is recognized that as of July
1, 2010, the RFA is a stand -alone and independent legal entity completely separate
in all purposes from that of the City. Except as otherwise provided for in this
Agreement, the RFA shall be solely legally responsible for all conduct and services
provided by the RFA, and shall conduct itself in a manner consistent with all
applicable laws and regulations.
VII. DESIGNATION OF FIRE CHIEF, FIRE MARSHAL, AND FIRE CODE
OFFICIAL
For the purposes of enforcement of federal, state, and City laws relating to the
provision of fire services, and for the purposes of complying with federal and state
grant programs or any other programs which relate to the provision of the services
formerly provided by the City of Kent Fire Department, the Chief Officer of the RFA
(hereinafter "Fire Chief ") shall be considered the City's Fire Chief, and the Chief
Officer assigned to the Fire Prevention Services Division shall be considered the
City's Fire Marshal and Fire Code Official.
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 2 of 15
VIII. SERVICES PERFORMED BY THE RFA FOR THE CITY
A. Services to be Provided. The RFA agrees to perform Fire Prevention,
Emergency Management, and Fire Investigation Services for the City as set forth in
Exhibits B, C, and D of this Agreement, as well as RFA services at the ShoWare
Center as set forth in Exhibit E.
B. Employees of the RFA Are Not Employees of the City. All RFA
employees who provide the City the services called for in this Section VIII shall be
employees of the RFA, and not employees of the City. Except as provided in this
Agreement, the employees of the RFA who are performing the services called for in
this Section VIII shall not be entitled to any benefit provided to employees of the
City. The RFA shall, at all times, be solely responsible for the conduct of its
employees in performing the services called for in this Section VIII.
C. Records. All records relating to the provision of the services called for
in Exhibits B, C, and D shall be considered records of the City, and shall be retained
in accordance with the records retention requirements of the City. Custody and
disclosure of the records shall be managed in accordance with Exhibit A.
D. Quarterly Reports. For the services provided pursuant to Exhibits B, C,
and D, the RFA shall, within fourteen (14) calendar days of a request by the City
and in a form to be approved by the City, provide the City with a report which shall,
at a minimum, specify the following:
1. Any revenue generated by or brought in by either of the three
(3) services.
2. For Fire Prevention Services:
a. The number of permits reviewed;
b. The number of permits granted;
C. The number of permits denied;
d. Permit activity performance;
e. The number of inspections conducted;
f. The number of complaints investigated;
g. The number of code enforcement cases investigated;
h. The number of code enforcement cases filed;
I. The number of short subdivision committee meetings
attended; and
j. The number of pre - application meetings attended.
The report shall separately report all of the above information
relating to services provided to any agency other than the City,
such as, but not limited to, services provided to the city of
Covington.
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 3 of 15
3. For Emergency Management Services:
a. The number of training programs provided to City
employees;
b. The number of training programs provided to the public;
C. Activities relating to the update of any emergency plans;
d. Any grants applied for;
e. Any grants received; and
f. Attendance at regional emergency management
meetings.
4. For Fire Investigation Services:
a. The number of matters investigated;
b. The number of cases filed;
C. The number of cases investigated but either not filed or
declined by the prosecutor's office; and
d. Training attended by fire investigators.
F. Audit Authority. The City may, at the sole cost of the City and with
twenty -four (24) hours' notice to the RFA, perform an audit of the services provided
in Exhibits B, C, and D, and any other RFA matter that relates to or affects RFA
charges to the City. The RFA shall cooperate fully with any audit conducted by the
City. Such audit may be performed by City personnel or an agency or private entity
with which the City contracts. Such audit may, at the sole discretion of the City,
require the production of documents and reports without the necessity of a public
records request or subpoena, and a response by RFA personnel to any questions or
inquiries relating to the services provided by the RFA. This audit authority shall
extend to any services provided to the City or to any other agency, such as, but not
limited to, the city of Covington.
G. Employee Performance. RFA employees performing services called for
in Exhibits B, C, and D shall conduct themselves in a professional manner and
consistent with RFA and City policies and procedures. In the event the City is
dissatisfied with the performance or conduct of an RFA employee performing the
services called for herein and such performance or conduct violates RFA or City
policies or procedures, the Mayor of the City, or his or her designee, (the "Mayor ")
may report, in writing, his or her dissatisfaction to the Fire Chief, with an
explanation for that dissatisfaction and the policies and procedures allegedly
violated; provided that the Mayor's failure to initiate such report shall in no way be
interpreted as an acceptance of unsatisfactory performance or conduct.
The Mayor may request in writing that any employee for whom a
written dissatisfaction notice is issued be removed from a position in which he or
she provides services to the City pursuant to this Agreement. In such event, the
Fire Chief shall reassign such employee to a position that does not involve the
services called for in Exhibits B, C, or D, unless the Fire Chief demonstrates that he
or she is unable to reassign the employee due to legal reasons or reasons that
would violate a provision of a collective bargaining agreement. The RFA shall not
agree to any provision in any collective bargaining agreement that would interfere
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 4 of 15
With the Fire Chief's authority to reassign an RFA employee who performs services
for the City.
Regardless of whether the Mayor requests the removal of an RFA
employee, in the event such dissatisfaction is of such a nature that if true could
form the basis of a violation of RFA policies or procedures, the Fire Chief may,
consistent with RFA collective bargaining agreements and other applicable policies
and procedures, initiate an investigation and impose appropriate disciplinary or
corrective measures.
H. New Employees - Authorization. The Fire Chief shall, at least thirty
(30) days prior to assigning any person to a position that performs services
pursuant to Exhibits B, C, and D, meet with the Mayor to discuss the position, and
the candidate that the Fire Chief wishes to assign to that position. In the event the
Fire Chief and the Mayor agree to the assignment of the person to the position, the
Fire Chief may make the assignment. In the event the Fire Chief and the Mayor do
not agree to the assignment, the Fire Chief shall provide the Mayor with a list of
three (3) candidates qualified for the position, and if there are not three (3)
qualified candidates, then at least two (2) qualified candidates for the position. The
Mayor shall be permitted to select from the three (3) candidates, or two (2) as the
case may be, the person to be assigned to the position; provided, that prior to such
selection, the Fire Chief and the Mayor shall meet to discuss the candidates. The
person selected by the Mayor shall be the person assigned to the position.
I. Modification in Level of Service or Funding. From time to time, due to
economic circumstances, the City may be required to modify levels of service or
funding in the City. These modifications may be made necessary by reductions in
available City funds, or increases in activity in the services performed pursuant to
Exhibits B, C, and D.
In the event the City, for any reason, determines that it is in the
interest of the City to modify the level of service with regards to the services
provided in Exhibits B, C, and D, the City may, at its sole option and with thirty
(30) days' advance written notice to the RFA, modify the funding provided to the
RFA for the services provided in Exhibits B, C, and D. Any modification in funding
shall be preceded by an agreement relating to any modifications to the levels of
service that will accompany the modification of funding.
The following information reflects the workload and revenue activity in
the Fire Prevention Division which shall serve the purpose of facilitating discussions
regarding modifications in the levels of service or funding for the Fire Prevention
Division
1. Code Enforcement Unit. In 2010, the Code Enforcement unit
brought in $150,792 in Revenue. In addition, over a three (3) year period, the
Code Enforcement unit:
a. Had three (3) full -time employees, and
b. Engaged in 968 activities per year, per full -time
employee.
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RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 5 of 15
2. Development Services Unit. In 2010, the Development Services
Unit brought in $347,651 in revenue. In addition, over a six (6) year period, the
Development Services Unit:
a. Had three and one -half (3.5) employees, and
b. Engaged in 1,857 activities per year, per full -time
employee.
It is not the intent of this subsection to permit the .City to replace RFA
personnel with City personnel or third -party personnel. The City's replacement of
RFA personnel with City or third -party personnel may be considered a termination
of service subject to the requirements of Section XVI of this Agreement.
IX. SERVICES PERFORMED BY THE CITY FOR THE RFA
The City agrees to perform the following services for the RFA, the payment of which
will be provided for in accordance with Sections XII and XIII of this Agreement:
Exhibit No.: Title of Exhibit:
F. Information Technology, Telephone, and Information Management
Services;
G. Facilities Maintenance Services
H. Medical Benefits, Wellness, and Employee Assistance Program
Services;
I. Access to Commute Trip Reduction Program;
3. Access to Flexible 125 Spending Account; and
K. Civil Service Examiner Services.
The manner in which those services will be provided is detailed in Exhibits F to K of
this Agreement.
X. RECORDS TRANSFER AND REQUESTS FOR RECORDS
Except as provided elsewhere in this Agreement, the City and the RFA anticipate
the transfer of records as provided in Exhibit A from City custody to RFA custody.
Exhibit A shall govern the retention and disclosure of any records of one party held
by the other.
XI. ASSET TRANSFER
A. Real Property. The real property associated with City fire services has
been sold or leased to the RFA in accordance with Section 7 of the Regional Fire
Authority Plan. Responsibilities relating to the maintenance and upkeep of the
properties leased by the RFA are specified in the leases between the City and the
RFA.
B. Vehicles. Equipment, and Other Personal Property. All vehicles,
equipment, and other personal property listed in Appendix D of the Regional Fire
Authority Plan have been transferred in accordance with Section 7 of the Regional
Fire Authority Plan; provided, that Information Technology equipment listed in the
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 6 of 15
Appendices shall not be transferred to the RFA; and provided further that in the
event any Exhibit provides for something other than a transfer, such Exhibit shall
control.
Upon transfer of vehicles, equipment, and property that must by law be
registered, the RFA shall take all necessary steps to transfer title to the RFA and
register the vehicles, equipment and property in the name of the RFA within the
time requirements of state law. All vehicles, equipment, and property are being
transferred "as -is, where is, without warranties, express or implied," and the RFA
shall defend, indemnify, and hold the City harmless from any and all injuries or
damages to persons or property that may be occasioned in any manner whatsoever
by the vehicles and equipment, whether those damages or injuries are suffered by
agents, employees, officials, or assigns of the RFA or by third - parties.
C. City of Kent Project Accounts and Reserve Cash Funds. The City
Project Accounts and reserve Cash Funds identified in Appendix D of the Regional
Fire Authority Plan were transferred in accordance with Section 7 of the Fire
Authority Plan.
D. Other Assets. It is anticipated that some assets relating to the
provision of fire services may not have transferred pursuant to the Regional Fire
Authority Plan. Any assets not contained within the Regional Fire Authority Plan
shall be transferred only by a separately negotiated written agreement between the
City and the RFA.
XIi. WAIVER OF FIRE BENEFIT CHARGE
A's partial consideration for the services provided by the City pursuant to this
Agreement, all personal property and improvements to real property now owned by
the City or owned by the City at a future date shall be exempt from any fire benefit
charge or service benefit charge otherwise imposed by the RFA pursuant to the
Regional Fire Authority Plan or Chapter 52.26 RCW.
XIII. PAYMENT
A. Payment. Payment for the services provided by the City to the RFA,
and for the services provided for by the RFA to the City, is set forth in Exhibits B
through K of this Agreement. Payment shall be calculated either on a pre-
established, per -year cost of service basis, on an hourly basis, 'or, in the case of
units provided, on a cost per -unit basis.
Payment for the services set forth in Exhibits B through K shall be
made in accordance with this Section XIII.
B. Time for Payment. Unless as otherwise provided in Exhibits B through
K, payments shall be made as follows:
Payments Dependent on Pre - Established Per -Year Cost. In the
case of any costs of services that are established on a per -year
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 7 of 15
basis, such costs shall be divided into twenty -four (24) equal
payments paid on the 15th day of each month and the last day
of each month; provided, for the remainder of the year 2010,
such costs shall be divided into twelve (12) equal payments,
payable on the 15th day of each month and the last day of each
month.
2. Payments Dependent on Hours Worked. In the case of
payments which are based upon the number of hours worked,
the party providing the service shall, by the 15th day of each
month, submit an invoice for the hours worked in the previous
month. For example, an invoice submitted by December 15th
would cover the hours worked during November. Payment of
the invoiced amount shall be due no later than thirty (30)
calendar days from the date of the invoice.
3. Payments Made on Cost Per Unit Basis. In the case of payments
which are based upon the number of units purchased, such as
replacement parts, the party providing the units shall, by the
15th day of each month, submit an invoice for the units provided
to the other party in the previous month. For example, an
invoice submitted by December 15th would cover the telephones
purchased during the month of November. Payment of the
invoiced amount shall be due no later than thirty (30) calendar
days from the date of the invoice.
C. Failure to Submit Invoice. The failure of one party to submit an
invoice for services to the other party within the timeframes provided in this
Agreement shall not result in a waiver of the requirement of the other party to pay
for those services; provided that the failure of a party to invoice the other party for
a period in excess of thirteen (13) months from the date the services were
rendered shall result in a complete waiver and release from any obligation to pay
for that service, unless otherwise agreed to by the parties.
D. Disputed Amounts. In the event that there is a dispute regarding the
amount of money owed by a party, any undisputed amounts shall remain due and
payable in accordance with the payment dates and terms established in subsection
XIII(B) above. As to any remaining disputed amount, the Committee shall make
every effort to resolve that dispute. In the event that the Committee is unable to
resolve the dispute, the only means of resolving that dispute will be by the dispute
resolution process provided in Section XXII(B).
E. Reconciliation of Amount Due After Termination. Within thirty (30)
calendar days of the effective date of this Agreement's termination, the parties shall
submit to each other a final invoice consistent with the methods of invoicing
required above. Final payment and settlement of accounts shall occur within ninety
(90) calendar days of the effective date of termination of the Agreement. Any
disputed amounts will be resolved in accordance with the procedures in Section
XIII(D) above.
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 8 of 15
XIV. ADMINISTRATIVE COMMITTEE TO ADMINISTER AGREEMENT
To carry out the purposes of this Agreement, a two - person committee is hereby
created to administer this Agreement ( "Committee "'). The Committee shall consist
of the Mayor of the City of Kent and the Fire Chief, or their designees. The
Committee shall meet no less than one (1) time per year to discuss the
performance of the obligations of the City and the RFA pursuant to this Agreement;
provided that either member of the Committee may call additional meetings as
deemed appropriate. The Committee may, at its discretion and by mutual
agreement of the parties, amend the Exhibits to this Agreement and may, at the
Committee's option, develop bylaws, policies, and procedures to aid in the
implementation of this Agreement. Unless otherwise specified in this Agreement,
all decisions of the Committee must be unanimous. In the event of a dispute of the
Committee, such dispute shall be handled in accordance with Section XXII(B) of this
Agreement.
XV. DURATION OF AGREEMENT
This Agreement shall become effective on July 1, 20
ratified by the governing bodies of the City and thi
Agreement shall be effective retroactively as of July
with this Agreement shall be deemed ratified by
Agreement shall remain in full force and effect until
Section XVI.
XVI. TERMINATION
0. Should this Agreement be
RFA after July 1, 2010, this
2010, and all acts consistent
:he City and the RFA. This
terminated as provided for in
A. Restriction on Termination. Unless otherwise specifically provided in
this Agreement or the Exhibits, this Agreement shall not be terminated prior to
January 1, 2013, unless such termination is mutually agreed to by the parties.
Pursuant to subsection B of this section, notice of a termination that is to occur on
January 1, 2013, shall be provided no later than January 1, 2012.
B. Termination by Notice. Except as limited by subsection A of this
section, this Agreement, in whole or in part, may be terminated by either party
upon providing the other party with 365 days' advance written notice of
termination; provided that modifications in levels of service that do not involve a
wholesale termination of a particular service shall be governed by Section VIII(I) of
this Agreement, and provided further that in the event any of the attached Exhibits
specify a different termination period, the period set forth in the Exhibit shall
control over this subsection.
C. Termination by Mutual Written Agreement. All or any part of the
services provided by this Agreement may be terminated at any time by mutual
written agreement of the parties.
D. Termination for Breach. Either party may terminate this Agreement
with thirty (30) days' advance written notice upon the failure of the other party to
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 9 of 15
make timely payments or provide services as required by this Agreement. Failure
to make timely payments or to provide the services required in this Agreement
shall constitute a breach. In the event of a breach, the non - breaching party shall
provide a written notice describing the breach to the breaching party, and the
breaching party will have thirty (30) calendar days to cure the breach, unless that
time period is extended by mutual agreement of the parties. If the breaching party
fails to cure the breach in the allotted time, the non - breaching party may
immediately terminate this Agreement.
XVII. INDEMNIFICATION AND HOLD HARMLESS.
Each party agrees to defend, indemnify, and hold harmless the other party and
each of its employees, officials, agents, and volunteers from any and all losses,
claims, liabilities, lawsuits, or legal judgments arising out of any negligent or
willfully tortious actions or inactions by the performing party or any of its
employees, officials, agents, or volunteers, while acting within the scope of the
duties required by this Agreement. Each party shall be responsible for its own legal
costs and attorneys' fees. This provision shall survive the expiration of this
Agreement. This provision shall also survive and remain in effect in the event that
a court or other entity with jurisdiction determines that this Agreement is not
enforceable.
It is further specifically and expressly understood that the indemnification provided
herein constitutes each party's waiver of immunity under industrial insurance, Title
51 RCW, solely to carry out the purposes of this indemnification clause. The parties
further acknowledge that they have mutually negotiated this waiver.
XVIII. WORKERS COMPENSATION TO BE PROVIDED BY RFA
As of July 1, 2010, employees of the RFA will no longer be covered under the City's
workers' compensation program which is established pursuant to Title 51 RCW.
XVIX. UNEMPLOYMENT INSURANCE TO BE PROVIDED BY THE RFA.
As. of July 1, 2010, the employees of the RFA will no longer be part of the City's
unemployment self- insurance program.
XX. LIABILITY INSURANCE.
Effective no later than July 1, 2010, each party shall carry and maintain, for the
duration of this Agreement, insurance coverage as described below. Coverages
shall be written with an insurance carrier admitted in the state of Washington.
General and Automobile Liability Insurance: Coverage for
damages caused resulting in personal injury, property
damage or advertising liability shall be provided.
Coverage shall be in an amount not less than $5 Million
per Occurrence.
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 10 of 15
The insurance policies of each party shall name the other party and its officials,
officers, employees, and volunteers, who are acting within the scope of this
Agreement as additional named insureds for any and all actions taken by each
party, its officials, officers, employees, and volunteers in the scope of their duties
pursuant to this Agreement. The insurance policy or policies shall have a thirty
(30) calendar days prior notice of cancellation clause to be given to the other party,
in writing, in the event of termination or material modification of the insurance
coverage. The insurance shall be written on an "occurrence" basis, rather than a
"claims- made" basis. In the alternative, each party may satisfy the requirements
of this section by becoming or remaining a participant in an authorized self -
insurance pool in the State of Washington if that party can demonstrate protection
equal to or greater than that specified herein.
XXI. PROPERTY INSURANCE
The City will continue to insure all buildings and equipment detailed below through
December 31, 2010. The City will ensure the RFA is listed as an Additional fumed
Insured on the City's property insurance policy with regard to the property and
equipment detailed below.
Effective January 1, 2011, the RFA will be responsible for insuring all property and
equipment detailed below, with the exception of the Fire Station 74 /Police Fire
Training Center Building, which will be insured by the City through its property
insurance program. The RFA will provide evidence of insurance for the specified
property by January 1, 2011.
A. Property.
LOCATION NAME ADDRESS
ESTIMATED
CONST.
REPLCMNT
COST
BUILDING
SQ.
FOOTAGE
ESTIMATED
CONTENTS
VALUE
FIRE STATION #71
504 W. CROW
$1,068,539
10,180
$161,191
FIRE STATION #72
25630 - 140th SE
$504,134
7,779
$72,445
FIRE STATION #73
26512 MILITARY RD
$1,668,096
13 000
$138,128
AUXILIARY BLDG #1
$54,843
$630,873
AUXILIARY BLDG #2
$86,594
0
FIRE STATION #74 (FIRE
HEAD DARTERS )
24523 - 116TH AVE SE
$2,677,228
29,554
$483,447
MODULAR BLDG
$55,000
1 056
60 000
STORAGE BLDG #1
$5,000
224
60 000
STORAGE BLDG #2
$5,000
160
$20,000
FIRE STATION #75
15635 - SE 272nd
$2,075,900
14,000
$362,224
FIRE STATION #76 (N.
INDUSTRIAL STN. )
20676 -72nd St. S.
$1,192,239
10,621
$345,320
VEHICLE APPARATUS
MAINTENANCE BLDG
$867,568
12 705
FIRE STATION #77
20717 132ND Ave SE
$2,981,125
1
$362,224
FIRE STATION #78
17820 - SE 256th St.
1 Covington
1 $5,200,000
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY — Page 11 of 15
LOCATION NAME ADDRESS
ESTIMATED
CONST.
REPLCMNT
COST
BUILDING
SQ.
FOOTAGE
ESTIMATED
CONTENTS
VALUE
ESTIMATED
CURRENT VALUE
700
1993 CHEV SUBURBAN
71578
24402C
FIRE / POLICE TRAINING
CENTER
24611 - 116th AVE SE
2007 PIERCE QUANTUM TILLER
06814
420400
DRILL TOWER
705
$184,264
86498
420450
STORAGE BUILDING
407 Washington Ave. N.
$262,406
78436
272960
$140,000
702
2003 ROAD RESCUE
H555076
357410
TOTAL FIRE:
STRUCTURE VALUES:
tiS.887,935
H555077
$2,695,852
B. Equipment.
APP #
YEAR MAKE MOREL
SERIAL
LIC #
ESTIMATED
CURRENT VALUE
700
1993 CHEV SUBURBAN
71578
24402C
$5,000
713
2007 PIERCE QUANTUM TILLER
06814
420400
$949,000 '
705
2007 MedTec Aid Car440OLP
86498
420450
$229,000
701
1999 FREIGHTLINER
78436
272960
$140,000
702
2003 ROAD RESCUE
H555076
357410
$160,000
703
2003 ROAD RESCUE
H555077
361300
$160,000
707
2003 FORD PICKUP
91395
65506C
$30,797
709
2003 FORD EXPEDITION
14452
65754C
$27,53Z
704
2005 MEDTEC AID CAR AD170
11388
409260
$173,393
1985 FORD 1 TON PICK -UP
32854
D34130
$5,000
706
2001 PIERCE ENGINE AID
001533
34193D
350 000
708
2001 PIERCE ENGINE AID
001534
341940
$350,000
710
2004 PIERCE PUMPER
04034
382910
$455,727
712
2005 PIERCE PUMPER
04696
4696
$463,250
714
1986 PIERCE TANKER
040163
238520
$100,000
715
1996 SMEAL LADDER TRUCK
Z18328
238460
$350,000
724
1998 FORD EXPEDITION
44365
251430
$20,000
727
1989 PIERCE ENGINE AID CAR
040772
057410
$80,000
728
1989 PIERCE ENGINE AID CAR
040785
057420
$80,000
730
1989 PIERCE ENGINE AID CAR
040808
238770
$80,000
731
1989 PIERCE ENGINE /AID CAR
040809
08874C
$80,000
732
1989 PIERCE ENGINE AID CAR
040810
08875C
$80,000
733
1983 PORTABLE GENERATOR
9311XM
D23270
$5,DOO
744
1990 BOUNDER BY FLEETWOOD
00215
087490
$150,000
754
1991 E LOAD TRAILER
13568
16010C
$5,000
756
TORK -LIFT FOAM TRAILER
01638
087960
$1,500
760
1990 HACKNEY ISUZU
00640
107810
$100,000
764
1995 FORD F350 4 X 4
66302
206180
$20,000
711
2006 DODGE RAM
44771
426000
$32,675
765
2000 INTERSTATE CARGO TRLR
09246
56348C
$5,000
766
2001 PIERCE ENGINE AID
001535
341950
$350,ODO
767
2001 PIERCE ENGINE AID
1 001561
58382C
$350,000
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 12 of 15
APP #
YEAR MAKE MODEL
SERIAL
LIC #
ESTIMATED
CURRENT VALUE
726
2007 TRAIL BLAZER (WMD)
412122
42041D
729
2006 TOP HAT TRAILER
2767071417
735
WOOLDBRIDGE 20' ALASKAN I[ -BOAT
WLG20153H809
Total of Vehicles /Equipment $5,387,874
XXII. MISCELLANEOUS
A. Non - Waiver of Breach. The failure of either party to insist upon strict
performance of any of the covenants and agreements contained in this Agreement,
or to exercise any option conferred by this Agreement in one or more instances
shall not be construed to be a waiver or relinquishment of those covenants,
agreements, or options, and the same shall be and remain in full force and effect.
B. Resolution of Disputes and Governing Law. This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington.
If the parties or the Committee are unable to settle any dispute, difference, or claim
arising from the parties' performance of this Agreement, the exclusive means of
resolving that dispute, difference, or claim, shall only be by filing suit exclusively
under the venue, rules, and jurisdiction of the King County Superior Court, King
County, Washington, unless the parties agree in writing to an alternative dispute
resolution process. In any claim or lawsuit arising from the parties' performance of
this Agreement, each party shall pay all its own legal costs and attorneys' fees
incurred in defending or bringing such claim or lawsuit, in addition to any other
recovery or award provided by law; provided, however, nothing in this paragraph
shall be construed to limit the parties' right to indemnification under this
Agreement.
C. Assignment. Any assignment of this Agreement by either party
without the prior written consent of the non- assigning party shall be void. If the
non - assigning party gives its consent to any assignment, the terms of this
Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
D. Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of each party and subject to ratification by the legislative
body of each party.
E. Compliance with Laws. Each party agrees to comply with all local,
federal, and state laws, rules, and regulations that are now effective or in the future
become applicable to this Agreement.
E. Entire Agreement. The written terms and provisions of this
Agreement, together with any Exhibits attached hereto, shall supersede all prior
communications, negotiations, representations or agreements, either verbal or
written of any officer or other representative of each party, and such statements
shall not be effective or be construed as entering into or forming a part of or
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY -- Page 13 of 15
altering in any manner this Agreement. All of the Exhibits are hereby made part of
this Agreement.
G. Severability. If any section of this Agreement is adjudicated to be
invalid, such action shall not affect the validity of any section not so adjudicated.
H. Interpretation. The legal presumption that an ambiguous term of this
Agreement should be interpreted against the party who prepared the Agreement
shall not apply.
I. Notice. All communications regarding this Agreement shall be sent to
the parties at the addresses listed on the signature page of the Agreement, unless
notified to the contrary. Any written notice hereunder shall become effective upon
personal service or three (3) business days after the date of mailing by registered
or certified mail, and shall be deemed sufficiently given if sent to the addressee at
the address stated in this Agreement or such other address as may be hereafter
specified in writing.
J. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
K. Calendar Days. The word "days" as used in this Agreement shall mean
calendar days unless the context otherwise specifically provides that business days
are intended.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
RFA: CITY:
Kent Fire Department City of Kent:
Regional Fire Authority:
DATE:
DATE: c�
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 14 of 15
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(253) (telephone)
(253) (facsimile)
APPROVED AS TO FORM:
C n S n u re,
Attorney for RFA
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856- (telephone)
(253) 856- (facsimile)
APPROVED AS TO F M:
Mhur "Pai`yFitzpatrick,
Deputy City Attorney
P; \0v11 \F11es \0pen Files \1421 - Reglonal Fire Authority\ RFATnterlocalAgreemenF INAL072610.docx
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY -- Page 15 of 15
- -THIS PAGE INTENTIONALLY LEFT BLANK --
EXHIBIT AI►
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
RECORDS MANAGEMENT
1.1 Record Ownership-.
a. RFA records ("RFA Records ") shall include:
i. All records prepared, owned, used, or retained by the RFA
related to the performance of its statutory and contractual duties on or after July 1,
2010.
ii. All City Records actually received by the RFA pursuant to
the RFA Plan or the interlocal agreement.
b. City records ("City Records ") shall include:
i. All records of the Kent Fire Department prepared, owned,
used, or retained by the City related to the performance and operation of the Kent
Fire Department for all periods prior to July 1, 2010.
ii. All records prepared, owned, used, or retained by the City
in relation to Fire Prevention, Fire Investigations, and Emergency Management
Services provided by the RFA to the City subsequent to July 1, 2010.
iii. All records prepared, owned, used, or retained by the City
related to the City's continuing obligations or services as specified in the RFA Plan
or by interlocal agreement with the RFA.
C. The parties recognize that physical custody of RFA Records or
City Records is not determinative of whether the records are RFA Records or City
Records and the parties shall work cooperatively in responding to requests for
records made pursuant to the rules of subpoena or pursuant to the Washington
State Public Records Act.
1.2 Records Custodian. Except as provided below, the RFA will be the
primary record custodian of all RFA Records, The City will be the primary custodian
of all City Records. The City shall transfer to the RFA the following City Records
which, upon receipt by the RFA, shall also be considered RFA Records:
a. Personnel Files of all employees transferred from the City to the
RFA.
EXHIBIT A - RECORDS MANAGEMENT
Page 1
b. Civil service files of all civil service employees transferred from
the City to the RFA.
C. Any other City Records identified in the future that both the City
and the RFA agree should be in the custody of the RFA.
1.3 Cost of Transfer. The costs of transferring records shall be shared
equally by the RFA and the City. Each party shall be responsible for costs of its
own personnel required to transfer the records.
1.4 Requests for Records. The parties recognize that some City Records
will be in the custody of the RFA and some RFA Records will be in the custody of the
City. The parties establish the processes set forth in Sections 1.5 and 1.6 to
provide a method of responding to records requests received through subpoenas
and the Public Records Act, or records otherwise requested by the City or the RFA.
The method set forth in this Exhibit A shall serve only as a guideline, and may be
altered from time to time as necessary.
1.5 Requests for City Records in the Custody of RFA and Directed to or
Received by the City. In the event the City receives a public records request,
subpoena, or other request for City Records that are in the custody of the RFA, the
following process shall be followed:
a. The City will advise the RFA in writing that the request has been
received. The RFA will have five (5) business days to respond to
the City with the records or a reasonable estimate of the time
necessary to provide the City with the records.
b. The RFA will provide copies, at its sole cost and expense and in
the form requested by the City, either directly to the City or
directly to the requestor as directed by the City. In the event
the City receives payment for the copies provided to the
requestor, the City shall forward such payment to the RFA.
C. The City will remain responsible for communicating with the
requester in compliance with all legal obligations. The City and
the RFA shall jointly work to determine which records are to be
disclosed to the requestor, and if the request was submitted
under the Public Records Act, which records are exempt from
disclosure.
d. It shall be the responsibility of the City, and at the expense of
the City, to defend any claim or lawsuit for a violation of the
Public Records Act or laws relating to a subpoena, and pay any
damages, fees, costs, or settlements relating to such claim or
lawsuit; provided, that in the event the claim or lawsuit relates
in any manner to City records in the sole custody of the RFA
EXHIBIT A - RECORDS MANAGEMENT
Page 2
that were not provided to the City by the RFA, then the RFA
shall defend such claim or lawsuit and pay any damages, fees,
costs, or settlements relating to such claim or lawsuit. The City
and the RFA agree to cooperate fully in the defense of any such
claim or lawsuit. If both the City and the RFA fail to produce all
records, they will cooperate in defense and each party will pay
all its own legal costs and attorneys' fees.
1.6 Requests for RFA Records in the Custody of the City and Directed to or
Received by the RFA. In the event the RFA receives a public records request,
subpoena, or other request for RFA Records in the custody of the City, the following
process shall be followed:
a. The RFA will advise the City in writing that the request has been
received. The City will have five (5) business days to respond to
the RFA with the records or a reasonable estimate of the time
necessary to provide the RFA with the records.
b. The City will provide copies, at its sole cost and expense and in
the form requested by the RFA, either directly to the RFA or
directly to the requestor as directed by the RFA. In the event
the RFA receives payment for the copies provided to the
requester, the RFA shall forward such payment to the City.
c. The RFA will remain responsible for communicating with the
requester in compliance with all legal obligations. The City and
the RFA shall jointly work to determine which records are to be
disclosed to the requester, and if the request was submitted
under the Public Records Act, which records are exempt from
disclosure.
d. It shall be the responsibility of the RFA, and at the expense of
the RFA, to defend any claim or lawsuit for a violation of the
Public Records Act or laws relating to a subpoena, and pay any
damages, fees, costs, or settlements relating to such claim or
lawsuit; provided, that in the event the claim or lawsuit relates
in any manner to RFA Records in the sole custody of the City
that were not provided to the RFA by the City, then the City
shall defend such claim or lawsuit and pay any damages, fees,
costs, or settlements relating to such claim or lawsuit. The
parties agree to cooperate fully in the defense of any such claim
or lawsuit. If both the RFA and the City fail to produce all
records, they will cooperate in defense and each party will pay
all its legal costs and attorneys' fees.
EXHIBIT A - RECORDS MANAGEMENT
Page 3
- -THIS PAGE INTENTIONALLY LEFT BLANK --
EXHIBIT B
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
FIlRE PREVENTION SERVICES
1.1 City Appointment of Fire Chief and Fire Marshal /Fire Code Official. For
the purpose of enforcement of federal, state, and City laws relating to Fire
Prevention Services, including but not limited to the International Fire Code
(hereinafter "codes "), the Chief Officer of the RFA shall be considered the City's Fire
Chief, and the Chief Officer assigned to the Fire Prevention Services Division shall
be considered the City's Fire Marshal and Fire Code Official.
1.2 Fire Prevention Administration Services Provided to City. The RFA
shall provide the following Fire Prevention Administration Services to the City:
a. Direct the management and supervision of Fire Prevention
Services Division personnel;
b. Administer Fire Prevention Services Division programs and
activities to include inspections, plan review, code enforcement,
addressing, fire investigations, public education, assessment
and collection of fees, document management, and payroll.
C. Subject to City approval, create and adopt policies, procedures,
rules, and regulations to clarify the application of the codes.
d. Subject to City approval, create and develop forms, letters, and
other documents to assist in the application of codes.
e. Provide interpretations of codes.
f. Approve materials, equipment, and devices used in
construction, and the methods of construction to the extent that
approval is authorized by the codes.
g. Operate front counter for public access to the Fire Prevention
Services Division.
h. Perform accounting and payroll functions to include invoicing
and /or billing of assessed fees, coordinating the collection of
fees with the City's Finance Customer Services Division, time-
keeping and completion of payroll documents.
EXHIBIT B - FIRE PREVENTION SERVICES
Page 1
i. Document management, to include creating and maintaining
division files, routing of development applications and plans,
preparing and imaging retained documentation, and fulfilling
public record requests.
j. Permit process activities to include the logging and routing of
plans, data entry of new applications, assembling and routing of
completed application packages.
k. Issue, print, and deliver permits.
I. Process code complaints or inquiries from the public to include
data entry, file creation, and routing of information.
M. Schedule and conduct inspections for developers or contractors.
n. Perform all duties necessary in order to enforce the codes.
o. Evaluate the codes for local adoption and develop local codes or
amendments for consideration by the City.
P. Review and sign voluntary correction agreements.
q. Represent the Fire Chief on the City's Short Subdivision
Committee.
r. Perform all other tasks related to the provision of. Fire
Prevention Administration Services,
1.3 Fire Prevention Code Enforcement Services Provided to City. The RFA
shall provide the following Fire Prevention Code Enforcement Services to the City:
a. Initial fire and life safety inspections of new or relocated
businesses.
b. Inspections of businesses that are required to have fire code
permit(s).
C. Investigate and resolve public code violation complaints or
inquiries.
d. All code enforcement duties related to the fire codes as required
by Chapter 1.04 KCC.
e. Special inspections required by outside agencies such as
Department of Defense, Department of Early Learning,
Department of Social and Health Services, and private insurance
companies.
EXHIBIT B - FIRE PREVENTION SERVICES
Page 2
f. Post - disaster building and system inspections and /or
evaluations.
g. Approval and review fire safety, emergency evacuation,
lockdown, shelter -in- place, and hazardous materials
management plans.
h. Attend and provide testimony and exhibits at Code Enforcement
Hearings before the City's Hearings Examiner, and upon appeal,
if any, to court.
i. Perform all other tasks related to providing Fire Prevention Code
Enforcement Services.
1.4 Fire Prevention Development Services Provided to City. The RFA shall
provide the following Fire Prevention Development Services to the City:
a. Address' program activities to include the creation, assignment,
verification, issuance, and change of addresses.
b. Manage the Knox /Supra rapid entry program.
C. Provide development review program services to include
answering project inquiries, attending meetings, reviewing plans
for code compliance, and approving plans.
d. Provide development inspection program services to include
pre - construction meetings, inspections, troubleshooting fire
protection systems, final acceptance tests, field review of basic
permits, coordination with the Building Services Division for the
issuance of Certificates of Occupancy.
e. Provide economic development activities to include research of
properties, systems and code requirements for potential
projects and existing buildings.
f. Approve hydrant placement on public and private projects.
g. Perform hydrant flows to verify available water supply.
h. Provide false alarm reduction program activities to include next
day follow -up of false alarms from Fire Operations Division,
coordinate with property owner /agent on repairs or
troubleshooting, quality assurance of incident reports from false
alarms, feedback to Fire Operations Division on next steps for
problematic systems.
EXHIBIT B - FIRE PREVENTION SERVICES
Page 3
i. Provide fire protection system confidence test program activities
to include evaluation of confidence tests provided by third -
parties, issuance of correction notices and /or notices of
violation, and drafting of voluntary correction agreements and
field inspections.
j. Provide Permit Center activities to include customer service,
answering phone calls, and meeting with customers and
members of the public.
k. Perform all other tasks related to providing Fire Prevention
Development Services.
1.5 Timeline of Work Provided. All work performed by the Fire Prevention
Division shall be performed pursuant to and within the timelines required of the
codes, policies, and procedures of the City, and any state or federal laws applicable
to the performance of that work.
1,6 Fire Prevention Services Staff Dedicated to City. The RFA will staff
nine and one -half (9.5) positions for the provision of Fire Prevention Services to the
City, including:
a. A Fire Division Chief /Fire Marshal (Currently Jon Napier);
b. Two (2) Captains /Assistant Fire Marshals (currently Ray
Shjerven and Kevin Nee);
C. Four (4) Firefighters /Deputy Fire Marshals (currently Tom
Smith, Jeff Humenik, Don Barbarle, and Bruce Verhei);
d. One (1) Administrative Assistant II (currently Paula Thayer);
and
e. One and one -half (1.5) Administrative Secretary II (currently
Beth Peterson and Teri Nee).
It is recognized that the City is paying for Fire Prevention Services at
the above - stated staffing levels, and the RFA acknowledges that it will provide the
level of service identified in this Exhibit. In the event a person occupying a position
set forth above is on leave for any reason for a period of thirty (30) days or more,
the RFA shall, at no expense to the City, cover the position with another employee
with sufficient experience and training to ensure the City is provided with the
staffing level noted above unless the City agrees that such coverage is
unnecessary.
1.7 RFA Staff Overtime Budget. Section 1.13 of this Exhibit B provides the
agreed upon payment for any and all overtime worked by the RFA while providing
Emergency Management, Investigation, and Fire Prevention Services for the City.
Except as provided in the following paragraph, there shall be no additional
consideration paid by the City to the RFA for overtime pay in excess of the amount
provided in Section 1.13 of this Exhibit B.
EXHIBIT B - FIRE PREVENTION SERVICES
Page 4
There may be some disaster occurrences that are unanticipated. In
the event of an ECC activation, the RFA shall take reasonable measures to reduce
the costs of such ECC activation, and the CAO be consulted immediately to discuss
the potential operational and overtime costs of the ECC activation. In the event of
a Level 2 ECC activation lasting more than twenty -four (24) hours, or a Level 3 ECC
activation, the City shall only be responsible for the cost of reasonable overtime
work performed by the staff set forth in Section 1.6 above that is performed
pursuant to the ECC activation. The City shall not be responsible for overtime
performed by Fire Prevention staff who perform other RFA duties that normally
would be the RFA's obligation to provide. For example, and not by limitation, the
City would pay the overtime of a Fire Prevention staff person inspecting buildings as
a result of an ECC Level 3 response, but would not pay the overtime of a Fire
Prevention staff person performing shift or line work during the emergency.
In the event a Fire Prevention staff person is absent and another staff
member is called in to perform his or her work, all overtime costs occasioned by the
replacement staff person shall be at the sole cost of the RFA. Any state or federal
reimbursement for overtime or regular hours attributable to Fire Prevention staff
work that was the City's responsibility shall be transferred back to the City.
1.8 Fire Marshal /Fire Code Official Reports to City's Mayor or Economic and
Community Development Director. The City's Fire Marshal /Fire Code Official shall
provide reports to the Mayor or the City's Economic or Community Development
Director as requested. While the Fire Chief shall have the authority to direct the
work of the RFA employees, the Mayor or the City's Economic or Community
Development Director, shall be kept informed of the work performed by the RFA
employees on behalf of the City, and shall have authority to set the desired
outcomes of the Fire Prevention staff.
1.9 To Whom Services Provided. The City shall pay only for Fire
Prevention Services provided to the City. The Fire Prevention Services Division may
provide services to other agencies by interlocal agreement. In the event the RFA
performs Fire Prevention Services for another agency in the future, the RFA shall,
prior to entering an agreement with such other agency, provide notice to the City of
the RFA's intent to provide services to the other agency, provide the City with the
details of the services to be provided, and negotiate with the City the impacts, if
any, that the service to the other agency may have on the service level provided to
the City. In the event that such services result in an increased cost or decreased
level of service to the City, such interlocal agreement for services shall require
specific prior written authorization from the City. In the event that the RFA
provides Fire Prevention Services to another agency without increasing the number
of hours of work provided by the Fire Prevention Services Division staff identified in
Section 1.6, the amount the City pays to the RFA for Fire Prevention Services shall
be reduced by the value of the hours provided to the other agency.
1.10 Equipment to Perform Services. Office space shall be provided by the
City at 400 West Gowe Street, Suite #414, Kent, WA; provided that the City may,
with reasonable notice, move the office space in order to meet the needs of the
EXHIBIT B - FIRE PREVENTION SERVICES
Page 5
City. The City will provide Information Technology equipment, including computers,
computer servers, and computer programming, as well as telephone equipment and
telephone services pursuant to the Information Technology Exhibit to the interlocal
agreement. All other supplies and equipment required to perform the duties called
for in this Exhibit B shall be provided by the RFA. For the purposes of performing
the services called for herein, and for accounting the RFA shall have access to the
City's KIVA system and JD Edwards accounting /billing system.
1.11 Grant Funds. From time to time, the RFA may apply for grant funding.
Any grant funding that may directly affect the staffing levels of the Fire Prevention
Division shall be first approved by the City. In the event that grant funding is
obtained, such funding shall not, without specific City approval, increase the City's
cost of Fire Prevention Services or in any manner bind the City to a certain staffing
level. Moreover, any grant funding related to the work performed by the Fire
Prevention Services Division for the City shall be applied in accordance with the
Grant Guidelines to provide Fire Prevention Services.
1.12 Collection and Transmission of Fees and Charges. All money, fees,
and charges of any kind collected or charged by the Fire Prevention Services
Division for services within the City or as a result of the provision of Fire Prevention
Services within the City shall be the sole property of the City and payable to the
City. The RFA shall establish a standard procedure for the charging and collection
of fees and charges as directed by the City's Finance Department, and shall
immediately transmit all such money collected to the City.
1.13 Cost of Fire Prevention Services. In accordance with the Regional Fire
Authority Plan, the City shall pay the RFA for Fire Prevention services an amount
equivalent to the funding approved by the City Council in the adjusted budget,
which was approved by the City Council on June 8, 2010. Beginning in 2011, the
City shall pay the RFA $1,802,726.00 annually for the Fire Prevention Services
provided by the RFA; provided, that the amount specified shall be adjusted
beginning January 1, 2011, as provided in Section 1.14 of this Exhibit; and
provided further, that a total of $67,999.00 shall be the amount the City pays the
RFA for overtime worked in Fire Prevention, the Office of Emergency Management
and Fire Investigation Services; and provided further, that additional overtime may
be charged to the City only in accordance with Section 1.7 of this Exhibit B and
Section 1.3 of the Office of Emergency Management Exhibit C.
1.14 Cost Adjustments. On January 1 of each year, the cost of Fire
Prevention Services and Fire Investigation Services as set forth in Section 1.13 shall
be adjusted by the lesser of either 100% of the Seattle /Tacoma /Bremerton CPI -W
percentage increase for the period of June to June, or the amount of pay increase
pursuant to the Collective Bargaining Agreement negotiated between the RFA and
RFA firefighters.
EXHIBIT B - FIRE PREVENTION SERVICES
Page 6
EXHIBIT C
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
OFFICE OF EMERGENCY MANAGEMENT"
1.1 Services Provided to City. The RFA shall provide the following
Emergency Management Services to the City:
a. Administer all emergency management programs.
b. Ensure that plans, programs, and training are in compliance
with federal and state standards.
C. Ensure that adequate training is provided to meet federal
mandates. However, the RFA will not be responsible if City staff
does not participate or meet these mandates.
d. Manage and oversee the Emergency Coordination Center
("ECC ") and emergency operations.
e. Maintain and update the following plans in accordance with state
and federal requirements, as well as any other plans that are
required pursuant to future state and federal requirements:
1. Comprehensive Emergency Management Plan;
2. Hazardous Materials Emergency Response Plan;
3. Local Hazard Mitigation Plan;
4. Hazardous Identification and Vulnerability Analysis; and
5. Homeland Security Exercise and Evaluation Program.
f. Apply for and manage all disaster recovery grants, Emergency
Performance Grants, and other public assistance grants.
g. Represent the City and actively coordinate and participate on
local and regional groups; committees, and associations to
further emergency preparedness, and to keep current on
emergency management issues facing the region and the City.
The participation may include the following groups, committees,
EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT
Page 1
or associations, as well as any new local or regional Emergency
Management Related groups:
1. Emergency Management Advisory Committee;
2. Training and Exercise Sub - Committee;
3. King County Citizen Corps Sub - Committee;
4. City of Kent Emergency Planning Committee;
S. Regional Strategic Planning Group;
6. Regional Catastrophe Planning Group;
7. Regional Disaster Planning Committee, and
8. Region 6 Homeland Security.
h. Continue to manage and oversee the Local Emergency Planning
Committee in accordance with federal, state, and City statutes,
regulations, and policies.
i. Prepare City staff and residents for emergencies by providing
the following training:
1. National Incident Management System Training;
2. Emergency Coordination Center Position Training;
3. Department Operation Center Training;
4. Community Emergency Response Training;
5. School Emergency Response Training;
6. Business Emergency Response Training;
7. Flood Preparedness Training; and
8. Debris Management Training.
j. Maintain the City's designation as a Storm Ready City.
k. Perform all other tasks related to providing Emergency
Management Services.
EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT
Page 2
1.2 RFA Staff Dedicated to City Office of Emergency Management. The
RFA will staff four (4) positions for the City's Office of Emergency Management:
a. A Division Chief /Emergency Manager (currently Dominic
Marzano);
b. A Firefighter /Program Manager (currently Brian Felczak);
C. A Program Coordinator (currently Kimberly Behymer); and
d. An Emergency Management Specialist (currently Jennifer
Keizer).
It is recognized that the City is paying for Emergency Management
services at the above- stated staffing levels and the RFA affirms that it will provide
the level of service identified in this Exhibit C. These staff members are dedicated
to provide City Emergency Management Services and the City shall not be charged
for services that normally would be the RFA's obligation to provide. In the event a
person occupying a position set forth above is on leave or works a different shift for
any reason for a period of thirty (30) days or more, the RFA shall, at no expense to
the City, cover the position with another employee familiar with and adequately
trained to provide Emergency Management Services in order to ensure the City
receives the staffing level noted above unless the City agrees that such coverage is
unnecessary,
1.3 RFA Staff Overtime. Section 1.13 of the Fire Prevention Services
Exhibit B provides the agreed upon payment for any and all overtime worked by the
RFA while providing Emergency Management, Investigation, and Fire Prevention
Services for the City. Except as provided in the following paragraph of this Section
1.3, there shall be no additional consideration paid by the City to the RFA for
overtime worked in excess of the amount provided in Section 1.13 of the Fire
Prevention Services Exhibit B.
There may be some disaster occurrences that are unanticipated. In
the event of an ECC activation, the RFA shall take reasonable measures to reduce
the costs of such ECC activation, and the City's Mayor be consulted immediately to
discuss the potential operational and overtime costs of the ECC activation. In the
event of a Level 2 ECC activation lasting more than twenty -four (24) hours, or a
Level 3 ECC activation, the City shall only be responsible for the cost of reasonable
overtime work performed by the staff set forth in Section 1.2 above that is
performed pursuant to the Emergency Management function as described in this
Exhibit C. The City shall not be responsible for overtime performed by Office of
Emergency Management staff who perform other RFA duties that normally would be
the RFA's obligation to provide. For example, and not by limitation, the City would
pay the overtime of an Office of Emergency Management staff person working in
the ECC during an emergency, but would not pay the overtime of an Office of
Emergency Management staff person performing shift or line work during the
emergency.
In the event an Office of Emergency Management staff person is
absent and another staff member is called in to perform his or her work, all
EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT
Page 3
overtime costs occasioned by the replacement staff person shall be at the sole cost
of the RFA. Any state or federal reimbursement for overtime or regular hours
attributable to Office of Emergency Management staff work that was the City's
responsibility shall be transferred back to the City.
1.4 Authority of City's Mayor. While the Fire Chief shall have the authority
to direct the work of the RFA employees, the City's Mayor shall be kept informed of
the work performed by the RFA employees on behalf of the City, and shall have
authority to set the desired outcomes of the Office of Emergency Management.
1.5 To Whom Services Provided. The City shall pay only for Emergency
Management Services provided to the City. The Office of Emergency Management
may provide Emergency Management services to other agencies by interlocal
agreement. In the event the RFA performs Emergency Management services for
another agency, the RFA shall, prior to entering into an agreement with such other
agency, provide notice to the City of the RFA's intent to provide services to the
other agency, provide the City with the details of the services to be provided, and
negotiate with the City the impacts, if any, that the service to the other agency
may have on the service level provided to the City. In the event that such services
result in an increased cost or decreased level of service to the City, such interlocal
agreement for services shall require specific prior written authorization from the
City. In the event that the RFA provides Emergency Management Services to
another agency without increasing the number of hours of work provided by the
Office of Emergency Management staff identified in Section 1.2 above, the amount
the City pays to the RFA for Emergency Management Services shall be reduced by
the value of the hours provided to the other agency.
1.6 Collection and Transmission of Fees and Charges. All money, fees,
and charges of any kind collected or charged by the Office of Emergency
Management or as a result of the provision of Emergency Management Services for
the City shall be the sole property of the City and payable to the City. The RFA
shall establish a standard procedure for the charging and collection of fees and
charges as directed by the City's Finance Department, and shall immediately
transmit all such money collected to the City.
1.7 Grant Funds. From time to time, the Emergency Management
Services Division will apply for grant funding. Any grant funding that may directly
affect the staffing levels of the Office of Emergency Management as set forth in
Section 1.2 shall be first approved by the City. In the event that grant funding is
obtained, such funding shall not, without specific City approval, increase the cost to
the City of Emergency Management Services or in any manner bind the City to a
certain staffing level. Moreover, grant funding relating to the work performed by
the Office of Emergency Management for the City shall be used in accordance with
the Grant guidance to provide Emergency Management Services.
1.8 RFA to Provide Equipment to Perform Services. All office space,
supplies, and equipment will be provided by the RFA at 24523 -116th Ave S.E, Kent,
WA; provided, the City will provide information technology equipment, including
EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT
Page 4
computers, computer servers, and computer programming, as well as telephone
equipment and telephone services pursuant to the interlocal agreement. Further,
the City will provide the ECC its current location at 24523 -116th Ave S.E, Kent, WA.
1.9 Report Regarding Services Provided. The Division Chief /Emergency
Manager, or the most senior officer of the Office of Emergency Management, shall,
no less than quarterly, provide a written report to the CAO regarding the past,
present, and future functions of the Office of Emergency Management, and shall
provide the CAO with the quarterly reports required of the interiocal agreement.
1.10 Cost of Emergency Management Services. In accordance with the
Regional Fire Authority Plan, the City shall pay the RFA for Emergency Management
Services an amount equivalent to the funding approved by the City Council in the
adjusted budget which was approved by the City Council on June 8, 2010.
Beginning in 2011, the City shall pay the RFA $520,620.00 annually for the
Emergency Management services provided by the RFA; provided, that the amount
specified shall be adjusted beginning January 1, 2011, as provided in Section 1.11
of this Exhibit C, and provided further, that pay for overtime in accordance with
Section 1.3 of this Exhibit shall be paid in accordance with the payment section of
the interlocal agreement.
1.11 Cost Adjustments. On January 1 of each year, the cost of Emergency
Management Services as set forth in Section 1.10 shall be adjusted by the lesser of
either 100% of the Seattle /Tacoma /Bremerton CPI -W percentage increase for the
period of June to June, or the amount of pay increase pursuant to the Collective
Bargaining Agreement negotiated between the RFA and RFA firefighters.
1.12 Crisis Intervention Coordinator. The RFA shall employ a Crisis
Intervention Coordinator. The Crisis Intervention Coordinator shall serve equally
the RFA and the City. The RFA shall pay the salary and benefits of the Crisis
Intervention Coordinator and provide the Crisis Intervention Coordinator with a
vehicle which shall be utilized for the performance of his or her duties; provided,
the City shall pay $30,000.00 to the RFA and provide the Crisis Intervention
Coordinator with office space, a telephone, and a computer as consideration for
equally using the services of the Crisis Intervention Coordinator. The amount
specified in this Section 1.12 shall be in addition to the amount set forth in Section
1.10 of this Exhibit. The duties of the Crisis Intervention Coordinator shall be
consistent with a job description that shall be developed by the RFA and the City
jointly. The Crisis Intervention Coordinator shall remain an at -will employee of the
RFA at all times.
EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT
Page 5
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EXHIBIT
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
FIRE INVESTIGATION SERVICES
1.1 Services Provided_ to City. The RFA shall provide the following Fire
Investigation Services to the City:
a. Investigate the cause and origin of fires, interview suspects and
witnesses, examine fire scenes, document findings and prepare
reports, collect and protect evidence, arrest and transport
suspects, cooperate with prosecutors, file cases in court, be
available for interviews and courtroom testimony, and other
associated duties.
b. Investigate all fires that are arson, suspicious, injurious, and
fires with a loss of $10,000 or more.
C. Coordinate arson investigation activities with the Kent Police
Department as necessary.
d. Identify juvenile fire setters and coordinate intervention and
counseling.
e. Staff the 24/7 Fire Investigation Unit by responding to all
working fires when requested.
f. Participate in the Alcohol Tobacco and Firearms (ATF) Puget
Sound Arson Explosives Taskforce by Memorandum of
Understanding.
g. Participate in regional and state fire investigative organizations
and activities.
h. Perform all other tasks related to providing Fire Investigation
Services.
1.2 Commissioned Investigators. Investigators who perform the fire
investigation services shall retain no less than a limited commission as a law
enforcement. officer in the City as determined by the Police Chief.
EXHIBIT D - FIRE INVESTIGATION SERVICES
Page 1
1,3 Uniformed Police Officer When Arrest Made. Every effort shall be
made to have a uniformed commissioned police officer present when making an
arrest in the City.
1.4 Evidence Retention. All evidence gathered during the criminal
investigation of a fire or other event for which Fire Investigative Services are
provided shall be maintained by the evidence custodians of the City's Police
Department pursuant to the policies and procedures for the maintenance of
evidence set forth by the City's Police department,
1.5 Inform Police Chief. The Fire Investigation Services Division shall
make every attempt to keep the City's Police Chief or his or her designee informed
as to the status of all fires in the City that occur as a result of suspected or
confirmed criminal conduct by providing status reports of investigations as the
investigations evolve.
1,6 Fire Investigation Services Dedicated to City. Fire Investigation
Services staff will be directly supervised by the RFA's Fire Marshal /Fire Code Official
who also supervises the Fire Prevention Services Division. The RFA will staff three
(3) positions for the provision of City Fire Investigation Services, including:
a. A Captain (currently Eric Pedersen); and
b. Two (2) Firefighters (currently Fritz Winniger and Rusty Olsen).
It is recognized that the City is paying for Fire Investigation Services
at the above stated staffing levels and the RFA affirms that it will provide the level
of service identified in this Exhibit D. Further, these staff members are dedicated to
provide City Fire Investigation Services and the City shall not be charged for
services that normally would be the RFA's obligation to perform. In the event a
person occupying a position set forth above is on extended leave for any reason for
a period of thirty (30) days or more, the RFA shall, at no expense to the City, cover
the position with another employee familiar with and adequately trained to provide
Fire Investigation Services in order to ensure the City receives the staffing level
noted above unless the City agrees that such coverage is unnecessary.
1.7 _RFA Staff Overtime Budget. Combined, the four (4) positions shall
work shifts in a manner that provides Fire Investigation Services to the City twenty -
four (24) hours a day, seven (7) days per week. Section 1.13 of the Fire
Prevention Services Exhibit B provides the agreed upon payment for any and all
overtime worked by the RFA while providing Emergency Management,
Investigation, and Fire Prevention Services for the City.
1.8 Valley Regional Fire Authority (VRFA) Staff. The RFA also currently
uses a Fire Investigator employed by VRFA. The VRFA investigator works for the
RFA pursuant to an interlocai agreement between the RFA and VRFA, which was
established prior to the formation of the RFA and which expires on August 15,
2010. The purpose of having the VRFA investigator work as a member of the City's
Fire Investigation Services Division was to permit the staffing of a Fire Investigator
EXHIBIT D - FIRE INVESTIGATION SERVICES
Page 2
twenty -four (24) hours per day, seven (7) days per week. The RFA and the VRFA
will attempt to negotiate a new interlocal agreement that retains the VRFA
investigator beyond December 31, 2010, in such a manner as to maintain the level
of service to the City provided by the interlocal agreement and this Exhibit D
without additional cost to the City. Nothing in this Exhibit D shall bind the City to
any relationship with VRFA for the provision of the Fire Investigator, and nothing in
this Exhibit shall delegate authority to the RFA to bind the City to any relationship
with VRFA.
The Fire Investigation Services Division may provide Fire Investigation
Services to other agencies by interlocal agreement. In the event the RFA performs
Fire Investigation Services for another agency in the future, the RFA shall, prior to
entering an agreement with such other agency, provide notice to the City of the
RFA's intent to provide services to the other agency, provide the City with the
details of the services to be provided, and negotiate with the City the impacts, if
any, that the service to the other agency may have on the service level provided to
the City. In the event that such services result in an increased cost or decreased
level of service to the City, such interlocal agreement for services shall require
specific prior written authorization from the City. In the event that the RFA
provides Fire Investigation Services to another agency without increasing the
number of hours of work provided by the Fire Investigation Services Division staff
identified in Section 1.6, the amount the City pays to the RFA for Fire Investigation
Services shall be reduced by the value of the hours provided to the other agency.
1.9 t=ire Marshal /Fire Code Official Reports to City's Police Chief. The City's
Fire Marshal /Fire Code Official shall provide official reports to the City's Police Chief
on request. While the Fire Chief shall have the authority to direct the work of the
RFA employees, the City's Police Chief shall be kept informed of the work performed
by the RFA employees on behalf of the City, shall have authority to set the desired
outcomes of the Fire Investigation staff, and may establish policies and procedures
for the conduct of the work of the Fire Investigations staff related to police
action /enforcement.
1.10 RFA to Provide Equipment to Perform Services. Office space shall be
provided by the City at 400 West Gowe Street, Suite #414, Kent, WA; provided
that the City may, with reasonable notice, move the office space in order to meet
the needs of the City. The RFA shall provide station /sleeping quarters to Fire
Investigators, as well as all office supplies, vehicles, and equipment not identified
as being provided by the City. The City will provide Information Technology
equipment, including computers, computer servers, and computer programming, as
well as telephone equipment and telephone services pursuant to the interlocal
agreement.
1.11 Fire Investigator Equipment Provided by City. The City, through its
Police Department, will provide a firearm with holster, ballistic vest, ammunition,
and related equipment to the City Fire Investigators, as well as police training
regarding the use of such equipment.
EXHIBIT D - FIRE INVESTIGATION SERVICES
Page 3
1.12 Report Regarding Services Provided. The Fire Marshal /Fire Code
Official shall, no less than quarterly, provide a written report to the City's Mayor
and the Police Chief regarding the past, present, and future functions of the Fire
Investigation Services Division, and shall provide the Mayor with the quarterly
reports required of the interlocal agreement.
1.13 Grant Funds. From time to time, the RFA may apply for grant funding.
Any grant funding that may directly affect the staffing levels of the Fire
Investigation Services Division shall first be approved by the City. In the event that
grant funding is obtained, such funding shall not, without specific City approval,
increase the cost to the City of Fire Investigation Services or in any manner bind
the City to a certain staffing level. Moreover, grant funding related to the work
performed by the Fire Investigation Services Division for the City shall be used in
accordance with the grant guidelines to provide Fire Investigation Services.
1.14 Collection and Transmission of Fees and Charges. All money, fees,
and charges of any kind collected or charged by the Fire Investigation Services
Division for services within the City or as a result of the provision of Fire
Investigation Services within the City shall be the sole property of the City and
payable to the City. The RFA shall establish a standard procedure for charging and
collecting fees and charges as directed by the City's Finance Department, and shall
immediately transmit all such money collected to the City.
1.15 Cost of Fire Investigation Services, Beginning July 1, 2010, and in
accordance with the Regional Fire Authority Plan, the City shall pay the RFA for Fire
Investigation Services an amount equivalent to the funding approved by the City
Council in the adjusted budget, which was approved by the City Council on June 8,
2010. Beginning on January 1, 2011, the City shall pay the RFA $384,704.00
annually for the Fire Investigation Services provided by the RFA; provided, that the
amount specified shall be adjusted beginning January 1, 2011, as provided in
Section 1.16 of this Exhibit D.
1.16 Cost Adjustments. On January 1 of each year, the cost of Fire
Investigation Services as set forth in Section 1.15 shall be adjusted by the lesser of
either 100% of the Seattle /Tacoma /Bremerton CPI -W percentage increase for the
period of June to June, or the amount of pay increase pursuant to the Collective
Bargaining Agreement negotiated between the RFA and RFA firefighters.
EXHIBIT D — FIRE INVESTIGATION SERVICES
Page 4
EXHIBIT E
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
SH®WAR.E CENTER
1.1 Emergency Medical Presence. Unless otherwise provided in the
operational agreement between the City and the operator /manager ( "SMG ") of the
ShoWare Center, the RFA shall provide an emergency medical presence at the
ShoWare Center during all ShoWare events in which attendance at the event is
expected to be 750 or more attendees at any one time or over the course of one
(1) day of the event. For the purposes of this Exhibit E, the term `emergency
medical presence" shall mean the attendance at a ShoWare event of at least two
(2) RFA employees who are of the rank of firefighter or higher.
1.2 Services to be Provided at no Charge for Certain Events. The RFA shall
provide a medical presence at all Thunderbirds hockey games, arena football
games, and lingerie football games, and shall not charge the City or SMG for the
emergency medical presence at these events.
1.3 RFA May Charge for Other Events. The RFA will charge SMG for the
emergency medical presence for any event not specified in Section 1.2 of this
Exhibit E. The actual costs of providing the emergency medical presence shall be
based on the Washington State Fire Chiefs Association current rate schedule.
1.4 RFA to Have Access to ShoWare Facilities. For the purpose of
providing an emergency medical presence at the ShoWare Center, the RFA shall
have access to a room in which to perform examinations of patients and provide
emergency medical services, and shall have access to telephones and a computer
for the purposes of communications and report writing.
EXHIBIT E - SHOWARE CENTER
Page 1
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EXHIBIT F
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
INFORMATION TECHNOLOGY 'TELEPHONE -
INFORMAiION MANAGEMENT SERVICES
1.1 Purpose. This Exhibit F details the agreement between the City and
the RFA for the City's provision of Information Technology Services ( "IT Services ")
to the RFA by the City of Kent's Information Technology Department ( "IT "). This
Exhibit F describes the scope of work and responsibility for all parties as it relates to
the ownership, operation, maintenance, and repair of the data,
telecommunications, networking infrastructure, and associated systems and
applications installed for the operation of the RFA.
1.2 Maintenance of Supported Systems. IT has installed and will maintain
the telecommunications, cable plant, data network, computers, multi- function
devices, servers, applications, and associated servers specifically identified in Table
1, Supported Systems ( "Supported Systems "), for the RFA pursuant to the terms of
this Exhibit F. IT will keep the supported systems operational on an "as -is" basis,
consistent with the operational level the City provided to the Supported Systems
and hardware as of June 30, 2010; provided, any upgrades to the City's system
that occur after June 30, 2010, which affect the operability of the supported
systems, will be kept operational at the upgraded level. Application support shall
be limited to the correction of problems that prevent proper operation of an
operating system or supported software or application that was owned by the City
and utilized by the Kent City Fire Department on June 30, 2010. To this end, the
RFA accepts the operational level and capabilities of the City's Supported Systems
in an "as -is" condition as of June 30, 2010.
SUPPORTED SYSTEMS*
SYSTEM
LOCATION
Telecommunications
Telephone Switch ear
Telephone Sets IP Not to Include Installation
Telephone Sets (Analog) Not Including Installation
Telephone Skinal Server
Cross Connections to PSTN
Provisioned Data Circuits ISDN
Cell Phones
Pagers
ECC Message Center Rollover Switch
Cable Plant
Cat 5/6e Network Cabling
EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES
Page 1
SUPPORTED SYSTEMS*
SYSTEM
LOCATION
Data Network
Internet Connectivit
Data Firewall
Network Switch Equipment
Computers
City Computers In RFA Offices and Spaces
Mobile Data Computers
Multi- Function Devices MFDs
Multi- Function Devices MFDs / Copiers
Servers
Email (Exchange)
Active Directory/ Domain Controller
File Server
Outlook Web Access
Black ber /SmartPhone
Microsoft Exchange Hosted SPAM Filter
Applications & Associated Servers that are Current Standard & Maintained as of June
30 2010
RescueNet FireRMS M FireRules (SQL Database Support Only)
SMS Feed for FireRMS
Oracle Imaging/Scanning
Permitting Kiva
Web QA - Resident Request Tracking
ArcGIS
Tiburon - Police RMS
CAD GUI Mobile
Share Point Cit S pace/Tea m S ace
Code Red - Emergency Notification
Crystal Enterprise Reporting
Sta eIT
Dynamics GP (SQL Database Support Onl
Netmotion
CAD Mobile GUI
Internet Explorer
Microsoft Office
Workstation Operating System
Adobe Acrobat Pro Software
Microsoft Visio
Microsoft Project
* Table 1. Supported Systems
1.3 Cost of Maintenance of Supported Systems. Addendum A to this
Exhibit F represents a baseline estimate of the costs associated with the
maintenance of the Supported Systems described in Table 1 and set forth in Section
1.2 of this Exhibit. IT staff time for Supported Systems is built into and
represented in the baseline estimate set forth in Addendum A to this Exhibit F.
There are additional City staff costs that will be chargeable to the RFA
for the Additional Services set forth in Section 1.4 of this Exhibit. The fee schedule
for staff hours is set forth in Section 1.5 of this Exhibit. In addition, certain costs,
referred to as Pass - Through Costs, are not included in Addendum A, and shall be
assessed to the RFA as an additional charge. Those Pass- Through Costs are set
forth in Section 1.6 of this Exhibit.
EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES
Page 2
1.4 Additional Services Provided. Additional Services are not considered
Supported Systems, are not captured in the cost estimate of Addendum A, and
therefore, are subject to staff hourly charges. The Additional Services are as
follows:
a. Telephone, 'Computer, and Other IT Equipment Set
Move /Add /Change. The RFA shall pay a separate charge for any move /add /change
( "MAC') of any telephone set, computer, or other IT equipment, which will include
the cost of any City staff time and any materials required to execute the MAC,
including but not limited to any cables, computers, telephone sets, and equipment;
provided, the RFA will be entitled to six (6) hours of IT service per month at no
additional charge, and such service shall be considered part of the maintenance of
supported systems. All staff time and materials will be invoiced to the RFA at the
City's cost on a monthly basis.
b. Support of Non -City Devices. Non -City devices are those
devices that are not integrated into the City's IT systems and are either purchased
privately by an RFA employee for business use or were purchased by the RFA in a
process that does not ensure integration with the City's IT services and systems.
With non -City devices, IT will make its best efforts to do the following at an
additional cost to the RFA:
1. IT will provide its best efforts to establish and maintain
data network or telecommunications connectivity and support. IT may, at its sole
option, provide additional services beyond data network or telecommunications
connectivity depending upon knowledge of the device or system and availability of
staff, and at an additional cost to the RFA.
2. In the event of a device problem or failure, IT will provide
its best efforts to replace the unit with a spare unit provided by the RFA, if
available, and establish and maintain data network or telecommunications
connectivity and support. ,
C. Multimedia Services. Multimedia services are not considered
supported systems, shall be performed only on a project -by- project basis, and will
be subject to hourly staff rates. The Multimedia Division will develop and provide
estimated costs for any projects requested by the RFA..
d. Unique Support Service Requests. The nature of the business
activity within the offices and spaces occupied and managed by the RFA may
require installation of unique or larger than normal scale equipment sets or
configurations in order to support unique business needs. Some service requests
may incur charges beyond the scope of covered services in the interlocal agreement
between the RFA and the City, which may be provided by IT at an additional cost to
the RFA. Without limitation, examples of these services are:
EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES
Page 3
1. Cable plant additions requiring installation and routing of
Cat 5 /6e or fiber optic cable.
2. Provision of network ports that would require the
purchase of additional network switchgear or other
support hardware.
3. Expansion of services that would require the :purchase of
additional hardware.
4. Addition or expansion of networked data services,
software, and applications.
In these situations, the costs, vendors, and other circumstances
surrounding the service request must be mutually agreed to by the City and the
RFA in writing prior to proceeding. It is recommended that the RFA. request a
planning meeting with IT at least three (3) weeks prior to such an event in order to
completely plan and provide a scope of work and timeline for completion.
1.5 Additional Service Staff Costs. The Additional Services set forth in
Section 1.4 are not considered Supported Systems under Table 1, are not set forth
in Addendum A' and therefore, will result in additional staff charges to the RFA.
Staff time for additional services shall be charged at the following rates:
Technical Services Division:
$65 /hour
Systems Division Services:
$93 /hour
Multimedia Graphics Services:
$45 /hour
Multimedia Video Services:
$65 /hour
PW GIS Division Services:
$80 /hour
The above rates shall be adjusted on January 1 of each year by the lesser of
100% of the Seattle /Tacoma /Bremerton CPI -W for the period of June to June, or
the amount of pay increased pursuant to the City's annual budgetary process.
1.6 Pass - Through Costs. The following costs and charges are not reflected
in Addendum A and will be passed - through to the RFA on a monthly basis.
a. Telephone Charges. The following telephone charges will be
billed to the RFA:
1. Long Distance and Special Services and Charges. Long
distance charges and special charges of the RFA, such as
but not limited to calls to "information," and telephone -
based alarm systems, using the City's telephone system
will be charged at the rate charged to the City.
2. Cellular Phone Charges. All cellular service charges
attributable to RFA employees, including but not limited
EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES
Page 4
to monthly services charges, call charges, texting
charges, application charges, and telephone hardware
charges will be billed to the RFA at the rate charged to
the City.
3. Pager Services. All pager service charges attributable to
RFA employees, including but not limited to monthly
services charges and pager hardware charges will be
billed to the RFA at the rate charged to the City.
b. Multifunction Device/Copier Fees. The monthly lease rate and
fees of the multifunction devices /copiers used by the RFA are reflected in
Addendum A. However, the per page charge for services related to, but not limited
to, copies, printed or scanned documents, and facsimiles, is not included in
Addendum A, and shall be charged to the RFA at the rate charged to the City on a
monthly basis.
C. Consultant and Contractor Costs. From time to time, IT utilizes
contractors and consultants to perform various IT- related services. In the event
that such services are needed to perform services related to the IT work performed
for the RFA, IT staff will first meet with RFA staff to establish a cost estimate and
scope of work. In the event the RFA agrees with the cost estimate and scope of
work, the RFA shall be responsible for all costs of the consultant that are
attributable to the scope of work agreed upon.
e. Equipment and Material Costs. From time to time, the RFA will
be required to replace failing technology equipment, or will purchase additional
technology equipment. In the event that new equipment is needed or desired, IT
staff will first meet with RFA staff to establish a cost estimate of the new
equipment. In the event the RFA agrees with the cost estimate, the RFA shall be
responsible for all costs of the new equipment. If the RFA chooses to purchase new
equipment not supported by IT, the RFA is responsible for all costs of the new
equipment and its maintenance through a party other than IT.
1.7 Costs for Kiva Permitting System and Tiburon System. It is
understood that the Kiva Permitting System and the Tiburon System are systems
that exclusively support City functions. Therefore, the costs of maintaining and
operating such systems shall be costs of the City.
1.8 Equipment Ownership - Non - Transfer - New Equipment - Exceptions.
The City shall retain and maintain sole ownership and title to all equipment related
to IT Services owned by the City prior to July 1, 2010, including but not limited to
personal computers, monitors, keyboards, mice and accessories attached to
personal computers, mobile data computers, laptop computers, docking stations
and keyboards, mice and accessories attached to and to accommodate laptop
computers, printers, multi - function devices (copier /printer /scanner /fax machine),
telephone switching equipment, telephone sets, cell phones, pagers, network
switching and routing equipment, uninterruptible power supply units connected to
EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES
Page 5
or supporting City owned equipment, cables, cords, racks and ancillary equipment
operated and maintained by IT, servers, disk arrays, rack equipment and seismic
protection equipment, software licenses for operating systems, applications, and
databases. This Exhibit F shall in no way be interpreted to confer ownership or title
to the aforementioned equipment to the RFA at any time prior to or following July
1, 2010.
In the event the RFA needs to replace existing equipment, or desires
to expand or upgrade its equipment, such replacement and expansion shall be at
the sole cost of the RFA, and any new equipment purchased pursuant to such
replacement or expansion shall be owned by the RFA; provided, that any equipment
that is purchased by the RFA and integrated into the City -owned equipment in such
a manner that future separation from City equipment will result in a cost to the
City, the City shall become the owner of the equipment purchased by the RFA at no
cost to the City or, in the alternative, the RFA shall reimburse the City.for any costs
of separation.
Notwithstanding other representations made in this section, the
following equipment shall remain the property of the RFA, and shall not be
considered property of the City:
Equipment Description Name Serial Number
RescueNet Fire RMS Database Server
Citrix Terminal Server
Citrix Terminal Server
SMS Server (production)
SMS Server (test)
Scanner in Fire Admin.
Scanner in Fire Prevention
Scanner in FS #73
Blackberry Server
WebEOC Server
FDDBP01
USE828NAZP
SNPROCTXOP05
USE532CO57
SNPROCTXOP06
USE532CO56
FDAPP01
2UB439002S
FDAPD01
UB4390054
DR -3080C
CC307331
DR- 3080CII
DF323303
DR- 3080CII
DF312203
TBD
TBD
WebEOC
E0CWBP01
1.9 Backups and Data Recovery. IT is responsible for data backup and
recovery services. Except as provided in subsections (a) and (b) below, data
backups are performed every twenty -four (24) hours, Monday through Friday, and
server operating system and operating data files are backed up once per month.
a. The following servers and data sets will be backed up:
1. Server operating systems and operating system files
(monthly);
2. User Directories and Profiles;
3. Public (departmental /workgroup) directories, on file
servers or attached storage; and
4. Email (email is backed up for purposes of system data
recovery, and not for archiving purposes.). Recovery of
specific emails from any given date may not be possible.
EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES
Page 6
b. The following systems and data sets will not be backed up.
1. Data stored on individual PC hard drives; and
-2. Any other systems not specifically named in the
paragraph above.
In the event that data recovery is necessary, the data recovery point
will be the time of the last backup. In many cases, this will be twenty -four (24)
hours or less. It is anticipated that the time it takes to recover data will generally
be three (3) business days or less.
RFA staff are to coordinate and work with IT staff on required backup
and maintenance plans for any databases used in association with the applications
identified in the Supported Systems set forth in Table 1.
It is agreed that the backup system shall not be relied upon by the
RFA as a data archiving system. The RFA understands that data not properly
archived may be lost and not recovered by use of the backup system. The RFA will
use its best efforts to procure, install, and maintain a data archiving system that
complies with Washington regulations regarding the archiving of public records.
The recovery of data for any purposes other than to recover from a system failure
shall be at the sole cost of the RFA.
1.16 Problem Reporting, Prioritization, and Response. RFA users needing IT
service assistance should call ext 4266 to log the problem into the City's trouble
ticket system. Once logged, the problem will be assigned a trouble ticket number
and will be dispatched to an IT engineer for resolution. The IT engineer is
responsible for contacting the user(s) and to establish a time that they will respond
and begin work to resolve the issue.
a. The table below lists the standard criteria and guidelines for
response and resolution for reported problems. There may arise in the course of
events that two (2) or more high or urgent priority calls are actively in the IT's
queue, and the ability to respond according to the criteria and guidelines below may
be impaired. An occurrence of this nature is contemplated to be rare. In the event
that multiple issues are logged and are considered urgent or high priority,
consideration will be given to responding first to issues that directly affect: 1)
public safety, 2) life, 3) property, 4) business operations.
b. For the purposes of Table 3 below, the terms that follow shall
have the following definitions:
1. Response Time: The time elapsed from the time a
problem is reported to the time that a service engineer
contacts the customer to arrange for service.
2. Turnaround Time: The time elapsed from the time a
problem is reported to the time that a final resolution to
EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES
Page 7
the problem has been made, and the issue /problem has
been closed. The turnaround times are guidelines and
are not guaranteed. Turnaround times for Service
Requests are as mutually agreed upon at the time the
request is entered, and may be amended by the City as
necessary.
3. Alert: In cases of an urgent- problem, or in cases of
unusual or extreme failures, an alert indicates that upper
IT Management has been notified of the problem, and are
also directly involved in the resolution process.
4. Service Request: Service requests are activities that are
not problems or break /fix incidents. Examples of Service
Requests are:
• System moves;
• Telecom moves, adds or changes (MACs);
• Telecom system programming -- voicemail,
forwarding, call hunt, etc.;
• New user account setup;
• Software installation /training;
• Database management or repairs beyond normal
maintenance;
• Data extraction /export, or translation;
• Custom report development and preparation; and
• Application development /enhancement or
modifications.
C. The RFA shall enter service requests as soon as the need is
known, in order to allow as much lead time as possible for IT to plan and arrange
the appropriate resources to accommodate the request. Requests received less
than two (2) business days before their needed completion may not be completed
in time.
Priority
Criteria
Dispatch
Response
Turnaround
Action
Time
Time
Entire Site or Sites affected
Immediate
1 - Urgent
- unable to work - network,
Alert and
Immediate
ASAP
telecom., application or
Dispatch
server problem
User or Users completely
Immediate
2 - High
unable to perform job
Dispatch
30 Minutes
1 Business Day
function due to problem
User or Users able to
perform job function on
Dispatch
3 - Medium
another machine or limited
Queue
3 Hours
3 Business Days
ability on affected
machine (s)
EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES
Page 8
Priority
Criteria
Dispatch
Action
Response
Time
Turnaround
Time
99.999% "5 Nines"
Inconvenience to user or
Dispatch
99.99%
✓
4 -- Low
users. Ability to perform
Queue
8 Hours
1 Week
✓
ob function not affected.
99.99%
✓
File Server Availability
5 - Service
Not Break/Fix related -
Dispatch
8 Hours
As arranged
Request
moves adds changes etc
I Queue
wireless Network Access Points
99.0%
Table 3. Problem Prioritization anti Response Times
1.11 Operations Hours. IT Service Desk Hours are 8 a.m. - 5 p.m., Monday
through Friday. On -call emergency service is available for Priority 1 (urgent)
service events. In these situations, the RFA shall contact IT's after hours service
number (253 -856 -4616) to reach the on -call service engineer. After hours calls
received that are not Priority 1 will be responded to on the next business day.
1.12 Service Availability Standards. The service availability standards set
forth in Table 4 apply to services provided by and maintained by IT. They
represent a target availability of the noted services. These standards are exclusive
of planned or scheduled outages for maintenance or upgrade.
Table 4. Service Availability Standards
1.13 Routine Scheduled Maintenance. The Table 5 below defines the
scheduled maintenance windows for services, servers, and devices. Unless
otherwise noted, all maintenance occurs on the first Saturday of each calendar
month. In cases of some Saturdays that fall on or close to holidays, this schedule
may be altered. Upon request, this schedule may be changed to accommodate
other special requirements of the RFA; provided that the RFA shall cover all costs of
such schedule change.
Other minor "windows" may be added, or these published windows
may be modified upon discussion and mutual consent of both parties. These
adjustments to the schedule may be for convenience or necessity, but in no case
will occur without mutual agreement by both parties.
Service or Device
Service or System
Availability Standard
✓
Telephone System - Voice Calls Fax Calls - in Outbound
99.999% "5 Nines"
✓
Voicemail
99.99%
✓
Internet Connectivity
99.99%
✓
Email Server Availability
99.99%
✓
Internet Email Transmitted Recelved
99.99%
✓
File Server Availability
99.99%
✓
RFA Facilities Local Area Network Availability
99.99%
✓
wide Area Fiber Optic Links - City Hall to RFA Sites
99.999%
✓
wireless Network Access Points
99.0%
Table 4. Service Availability Standards
1.13 Routine Scheduled Maintenance. The Table 5 below defines the
scheduled maintenance windows for services, servers, and devices. Unless
otherwise noted, all maintenance occurs on the first Saturday of each calendar
month. In cases of some Saturdays that fall on or close to holidays, this schedule
may be altered. Upon request, this schedule may be changed to accommodate
other special requirements of the RFA; provided that the RFA shall cover all costs of
such schedule change.
Other minor "windows" may be added, or these published windows
may be modified upon discussion and mutual consent of both parties. These
adjustments to the schedule may be for convenience or necessity, but in no case
will occur without mutual agreement by both parties.
Service or Device
Maintenance Window
Core Network Services
0800 -1000
Telecommunications
0700-01100
Servers
Email and File Server
0900- 1200
EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES
Page 9
Service or Device
Maintenance Window
Domain Controller and Network Services
Active Director Server
0900 - 1200
PC Workstations
As Needed
Other Devices
As negotiated
Table 5. Scheduled Maintenance Windows
1.14 Network Email Internet and Social Media Policy. As a condition of
the City providing IT Services to the RFA as set forth in this Exhibit F, the RFA shall,
no later than September 1, 2010, establish Network, Email, Internet, and Social
Media Policies consistent with City policies. The RFA shall also establish a policy
relating to the use of the City's IT equipment, including computers, cell phones, and
pagers, for RFA purposes no later than the September 1, 2010, deadline. IT shall
have the authority to require prior approval of any policies established pursuant to
this section, or to require amendment of any adopted policy if the policy places a
burden on the City's operation of its Supported Systems.
1.15 Payment and Reconciliation. In consideration of the services set forth
in this Exhibit, the RFA will pay the City in accordance with the payment terms of
the interlocal agreement, as amended by this Exhibit.
a. Payment. The City will invoice the RFA for IT Services on a
monthly basis. That invoice will include the following:
1. 1/12 of the cost of maintenance of Supported Systems as
set forth in Addendum A;
2. Additional Service staff costs attributable to Additional
Services performed during the preceding month and
reconciled on the current month's invoice; and
3. Any Pass - Through Costs attributable to the preceding
month and reconciled on the current month's invoice.
b. Reconciliation. At the conclusion of each calendar year,
representatives of the City and the RFA will meet to reconcile the costs estimated
by the parties to provide IT Services to the RFA with the actual costs incurred by
the City in providing those services. This reconciliation meeting shall occur no later
than January 31St of the following year.
1. Upon completing that reconciliation, the following will
occur:
(i) If the actual costs to provide IT Services to the RFA
were less than what was anticipated, the RFA will
receive a credit equal to that difference, which will
be used to offset the next month's bill (and any
immediately succeeding bills, if necessary) for any
renewal or extension to the term provided for by
this Exhibit.
EXHIBIT F — INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES
Page 10
(ii) If the actual costs to provide IT Services to the RFA
were more than what was anticipated, billed, and
paid by the RFA, the RFA will receive a debit, which
will be added to the next month's bill for any
renewal or extension to the term provided for by
this Exhibit.
2. This annual reconciliation will ensure that:
(i) The City is paid based on the actual costs incurred
to support and maintain systems identified above;
and
(ii) The RFA does not pay the City for more than the
actual costs incurred to support and perform the
services identified under this Agreement.
3. Annual adjustments will be made to Addendum A after
the annual reconciliation meeting and during the month of
February to reflect the anticipated costs for providing
services during the next renewal term of this Exhibit F as
provided for in Section 1.16 below, based upon the actual
costs incurred in providing those services during the
preceding calendar year. In accordance with the terms of
the interlocal agreement, annual adjustments are subject
to Administrative Committee approval before becoming
effective. During this annual update of Addendum A, any
changes to the scope of services, supported
infrastructure, and applications are to be reviewed and
agreed upon by both parties, and approved by the
Administrative Committee.
1.16 Term. The initial term of the services provided pursuant to this Exhibit
F will be for the period of July 1, 2010, through December 31, 2011. If IT Services
are to be extended to the RFA beyond December 31, 2011, the parties will
negotiate that term extension and the costs of those IT Services to be provided no
later than October 1, 2011, and those negotiations may result in an amendment to
this Exhibit F. The term of the services provided under the interlocal agreement
and this Exhibit shall align with the City's calendar year budget.
1.17 Amendments to Exhibit F. As provided for in the interlocal agreement,
this Exhibit F may be amended at anytime by written authorization of the
Administrative Committee,
EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES
Page 11
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EXHIBIT G
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
FACILITIES iMAINTENANCE SERVICES
1.1 Locations For Which Services to be Provided. The City shall provide
Facilities Maintenance Services consistent with the scope of services set forth in this
Exhibit G to the RFA at the following locations:
i Station 71, located at 504 Crow Street, Kent, WA 98032;
• Station 72, located at 140th Ave. SE, Kent, WA 98042;
Y Station 73, located at 26512 Military Road S., Kent, WA 98032;
Y Station 74, located at 24611 116th Ave SE, Kent, WA 98030;
• Emergency Management Modular Buildings, located at 24523 116th Ave
SE, Kent, WA 98030;
• Police /Fire Training Facility, located at 24523 116th Ave SE, Kent, WA
98030;
• Station 75, located at 15635 SE 272nd Street, Kent, WA 98042;
Metal Building located at Station 75, 15635 SE 272nd Street, Kent, WA
98042;
• Station 76, located at 20676 72nd Ave. S., Kent, WA 98032;
Vehicle Maintenance Facility located at 20678 72nd Ave. S., Kent, WA
98032;
• Station 77, located at 20717 132 Ave. SE, Kent, WA 98042; and
• Station 78, located at 17820 SE 256 Street, Covington, WA 98042.
1.2 Scope of Services. The Facilities Maintenance Services provided
pursuant to this Exhibit G shall include the following:
Change light bulbs and replace ballasts interior and exterior;
i Set clocks;
• Install keyboard trays, monitor arms, install /uninstall /repair furniture and
cabinets;
• Troubleshoot and repair appliances;
• Localized plumbing repairs or fixture replacement, e.g., toilets, hot water
tanks, faucets, etc.;
• Replace ceiling tiles /repair ceiling grid;
Electrical repairs /fixture replacements, add new circuits;
• Building envelope repairs, e.g., windows, siding, doors, minor roof
repairs, etc.;
Bay door repairs;
• Drywall repair /replacement;
EXHIBIT G - FACILITIES MAINTENANCE SERVICES
Page 1
• Interior and exterior painting,
• Hanging of art work /coat hooks /white boards /bulletin boards;
• Vehicle exhaust extraction system repairs;
• Air compressor repairs;
• HVAC system preventative maintenance, e.g., change filters, repair
motors, pumps, and compressors;
• Respond to employee comfort issues;
• Care for direct digital HVAC controls;
• Fire alarm system repairs, certifying, and monitoring;
• Building fire suppression systems, repair;
• Fire extinguisher repairs, testing, and replacements;
• Building- related back flow preventing devices, repair, certification;
• Monitor and repair underground fuel tanks to the extent that monitoring
and repair does not exceed $1,000;
• Monitor and repair of fuel dispensing systems to the extent that
monitoring and repair does not exceed $1,000;
• Building lock repair or replacement including keying /resetting
combinations;
• Carpet repairs not including cleaning; and
• Parking lot cleaning and restriping etc.
1.3 Limitation on Scope of Services. In the event that an item that comes
within the scope of services described in Section 1.2 requires replacement, in whole
or in part, or the replacement of any component of a system or item covered under
the scope of services, such replacement shall be covered to the extent that such
replacement does not exceed $1,000.
1.4 Capital Improvements Excluded. Capital improvements to any of the
properties listed in Section 1.1 shall be excluded from the scope of services set
forth in Section 1.2. Capital improvements shall be considered, but not limited to,
the construction of walls or new doorways, roof replacement, electrical and
plumbing systems replacement, replacement of bay doors, window replacements,
flooring replacement, etc. The RFA will be responsible for all capital improvements;
provided, the RFA may utilize City staff for capital improvements by separate
agreement with the City.
1.5 Exterior Maintenance Excluded. Services relating to the maintenance
of any landscaping, lawns, irrigation systems, sidewalks, driveways, fencing,
exterior plumbing, or exterior lighting that is not attached to the main building of
the property described in Section 1.1 shall be beyond the scope of services set forth
in Section 1.2.
1.6 Janitorial 'Services Excluded - Exception. Janitorial services are
beyond the scope of services set forth in Section 1.2; provided, janitorial services
EXHIBIT G - FACILITIES MAINTENANCE SERVICES
Page 2
are within the scope of services of this Exhibit G, and therefore will be provided by
the City at the following three locations only:
o Station 74, located at 24611 116th Ave SE, Kent, WA 98030;
Y Emergency Management Modular Buildings, located at 24523 116th Ave
SE, Kent, WA 98030; and
o Police /Fire Training Facility, located at 24523 116th Ave SE, Kent, WA
98030.
1.7 Maintenance Requests to be Submitted Electronically. All maintenance
requests shall be submitted by the RFA using the City's electronic maintenance
system, to which the City will grant the RFA access. The RFA's requests, however,
will be placed in queue, and prioritized and processed just like any other request.
The RFA will be entitled to no response preference to its requests. Facilities will
give special consideration to mission critical items such as apparatus bay doors,
decontamination equipment, and plymo -vent systems.
1.8 Cost ..of Services for Period of July 1. 2010, through December 31,
2010. The City shall charge the RFA $406,613.39 for the period of July 1, 2010,
through December 31, 2010 for the services provided under this Exhibit G. This
amount shall be divided into twelve (12) equal payments and payable to the City in
accordance with the payment section of the interlocal agreement.
1.9 Cost of Services for Period of January 1, 2011 through December 31,
2011. For the period from January 1, 2011, through December 31, 2011, the City
shall charge the RFA $813,226.77, plus the percentage increase occasioned by
application of the Seattle /Tacoma /Bremerton CPT -W for the period of June to June,
which shall be established in July or August 2010.
1.10 Cost of Services After December 31, 2011. Beginning January 1,
2012, the City will charge an hourly rate for the services called for In this Exhibit G.
Such hourly rate shall be established by negotiations between the City and the RFA,
and an amendment to this Exhibit G.
1.11 Costs of Contract Development and Compliance with Bidding or
Proposal Requirements. In the event that any maintenance will require the
development or execution of a contract, or the establishment of a process relating
to bidding or requests for proposals, City Facilities staff shall assist the RFA in
preparing such contract, bidding, or request for proposal documents; provided, that
any legal review or representation during or after the bidding process shall be the
responsibility of and at the cost of the RFA, and the issuance of any required notice
or advertising pursuant to such bidding or request for proposal shall be at the cost
of the RFA.
EXHIBIT G - FACILITIES MAINTENANCE SERVICES
Page 3
1.12 Quarterly Reports. For the services provided by the City to the RFA
under this Exhibit G, the City shall, within fourteen (14) calendar days of a request
by the RFA and in a form to be approved by the RFA, provide the RFA with a report
which shall, at a minimum, specify the following:
• The number of facility maintenance requests submitted.
• The number of facility maintenance requests completed.
• The status of maintenance requests, 20 days or older, not yet completed.
• The cost of each completed maintenance request.
• The staff hours spent on each completed maintenance request.
EXHIBIT G - FACILITIES MAINTENANCE SERVICES
Page 4
EXHIBIT H
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
MEDICAL BENEFITS -- 'FELLNESS - EMPLOYEE
ASSISTANCE PROGRAM SERVICES
1.1 Purpose. This Exhibit H details the agreement between the City and
the RFA for the City's provision of self - insured health and wellness services to RFA
employees under the interlocal agreement.
1.2 Fiduciary Authority. The City shall have final and fiduciary authority to
modify benefit and eligibility provisions, set rates (in accordance with State
requirements), negotiate and contract with third -party vendors to administer the
programs, and to construe and interpret the terms of the health and wellness plans
subject to the interlocal agreement. No Health Maintenance Organization ( "HMO ")
will be offered as part of this agreement to the RFA.
1.3 Effective Provision. The health care benefits provided under the
interlocal agreement and this Exhibit H shall be effective as of July 1, 2010, and
shall continue until terminated in accordance with Section 1.13 of this Exhibit.
1.4 Eligibility. All benefited employees of the City and the RFA who work a
minimum of twenty -one (21) hours per week are eligible for health care benefits
pursuant to the contract requirements of the City's third -party administrators. The
benefited employee may also enroll the legal spouse, including state - registered
domestic partner, and eligible dependent children. LEOFF 1 retirees and their
eligible dependents are also eligible for coverage under this program.
1.5 Actuarial Report. Annually, a certified healthcare actuary will provide
budget projections and plan specific rates for the City's medical /Rx, dental, and
vision plans within the Health & Wellness Fund. These rates are calculated using
standard actuarial methods and take into account plan reserves, anticipated claims,
administration costs, stop loss premium costs, professional fees, and other plan
expenses. The actuary will also calculate reserve requirements including Incurred
but Not Reported ( "IBNR ") claim liability.
1.6 Reserves. The City will hold the reserves and IBNR liability as an asset
of the City. Reserves in excess of two (2) times the calculated IBNR claim liability
will be used at the City's discretion and control and may be used to help moderate
future rate adjustments.
EXHIBIT H - MEDICAL BENEFITS, WELLNESS, EMPLOYEE ASSISTANCE PROGRAM SERVICES
Page 1
1.7 Additional Funding. If at any time during the plan year assets fall
below the level necessary to fund the IBNR claim reserve, as calculated in the
annual actuarial report, the City and the RFA shall be responsible for depositing
additional funding into the Health & Wellness fund. Any determined increase shall
be assessed immediately to each participating agency according to its proportionate
share of the prior three (3) months of premium costs.
1.8 Financial Statements. The City shall ensure that accurate and
complete financial statements for the self- insured plan are prepared and
maintained. The City shall continue to maintain a written accounting for all monies
received, payments made, and liabilities incurred for the self- insured plan.
Quarterly Health & Wellness reports will be provided to the RFA and annual reports
will be provided to the State Risk Management Office. Both parties understand and
acknowledge that expenses attributable to the Health & Wellness Fund include, at a
minimum, the following: fees charged by third- parties to administer benefits of the
program; premiums charged for stop -loss reinsurance; fees for actuarial, audit,
broker /consultant and other professional services; costs associated with approved
wellness programs; and salaries and benefits for City employees who are involved
in the administration of the program.
1.9 Health Care Board. A health care board will serve as the oversight
committee for the health and wellness program. The health care board, comprised
of the City Employee Services Director, the City Finance Director, RFA Chief, with
staff support of the City's Benefits Manager, is authorized to take any action it
deems reasonable and necessary to operate and administer the self - insured
program. The health care board may adopt rules and procedures as it deems
appropriate to ensure the orderly, reasonable, and efficient operation of the self -
insured program.
1.10 Review Committee. The City's Employee Services Director, Benefits
Manager, and the RFA's Human Resources Manager will comprise the review
committee for appeals by subscribers for a denied medical, dental, or vision claim.
Each member of the review committee shall have one (1) vote. The committee will
review medical, dental, or vision claims of subscribers that have exhausted their
administrative appeal process with their provider(s). Appeals must be submitted in
writing and must include the appeals determination by the medical, dental, or
vision provider. Appeals must be received within ninety (90) days from date of
final denial by the provider.
1.11 Health Care Committee. The RFA will have a member assigned to the
City's Health Care Committee. The purpose of the Committee will be to review
health plan related information and to offer feedback and recommendations on
behalf of its members. Any benefit changes will be reviewed during these meetings
prior to implementation.
1.12 Third -Party Administrator Requirements. The City and the RFA will
abide by the contract requirements of the third -party administrators including, but
not limited to, member enrollment, eligibility, and claims submission.
EXHIBIT H - MEDICAL BENEFITS, WELLNESS, EMPLOYEE ASSISTANCE PROGRAM SERVICES
Page 2
A. Payment of Premiums. The RFA agrees to remit premium
payments to the City on a semi - monthly basis. Premiums are payable on the fifth
(5th) and the twentieth (20th) of the month for which coverage is provided. In the
event that premium payments are received more than ten (10) days after the due
date, a late fee will be assessed equal to one- percent (1 %) of the amount payable.
If the outstanding amount continues more than thirty (30) days past the due date,
an additional charge of one percent (1 %) will be assessed for each thirty (30) day
period for which the balance remains unpaid.
B. Enrollment and Termination of Members. Parties will work
together to set up a process to enroll new members and to terminate members who
are no longer eligible.
1.13. Interlocal Agreement Termination.
A. Termination by the RFA will occur as follows:
1. By providing three hundred sixty -five (365) days' advance
written notice, prior to the end of any plan year, to the
City's Director of Employee Services of the RFA's intention
to terminate its participation in the health care plan.
2. The termination date will be the last day of the plan year
(December 31).
B. Termination by the City will occur as follows:
1. Giving three hundred sixty -five (365) days' advance
written notice to the RFA of the City's intention to
terminate its participation in the health care plan.
2. The termination date will be the last day of the plan year
(December 31).
1.14 Plan Reserves. As noted above, the City holds all reserves as assets of
the City. The RFA will not have any ownership interest in the Reserves held by the
City of Kent under the Interlocal Agreement.
EXHIBIT H - MEDICAL BENEFITS, WELLNESS, EMPLOYEE ASSISTANCE PROGRAM SERVICES
Page 3
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EXHIBIT I
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
1.1 Purpose. The City participates in a Commute Trip Reduction Program
(CTR) to encourage a reduction in the number of automobile trips by its employees
going to and from work. , Pursuant to that program, the City has issued to
participating employees a "One Regional Card for All" card (ORCA card) for use in
paying for mass transit in the Puget Sound region. These cards cover the period of
July 1, 2010, to June 30, 2011. The RFA wishes to provide its employees with
access to a CTR program, as well as ORCA cards, but cannot do so until July 1,
2011. This Exhibit I details the agreement between the City and the RFA for the
provision of access to the City's CTR program for the period of July 1, 2010, to June
30, 2011.
1.2 Effective Period, The CTR program shall be available to RFA employees
from July 1, 2010, to June 30, 2011.
1,3 Eligibility. The CTR program shall be available to all eligible RFA
employees pursuant to the contract requirements of the METRO /King County
agreement.
1.4 Third -Party Administrator /Contract Requirements. Access to and
eligibility for the CTR program shall be in accordance with and comply with the
terms of the Agreement for Purchase of ORCA Business cards and ORCA Passport
Products entered between the City and King County Metro Transit.
1.5 Payment of Costs. The RFA agrees to reimburse the City the amount
of $108,00 for every RFA employee who participates in the CTR program; provided,
that the $108.00 amount may be prorated for any months of the Effective Period
that may have expired prior to the employee beginning his or her participation.
The RFA shall pay the costs within thirty (30) days of the date that the RFA
employee enrolls in the program.
1.6 Enrollment and Termination of Members. The City and the RFA will
work together to set up a process to enroll new members and to terminate
members who are no longer eligible.
EXHIBIT I - ACCESS TO COMMUTE TRIP REDUCTION PROGRAM
Page 1
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EXHIBIT 3
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
ACCESS TO FLEXIBLE 125 SPENDING ACCOUNT
1.1 Purpose. Traditionally, the City has provided its employees with
access to a flexible spending account established and provided in accordance with
Section 125 of the Internal Revenue Code (Flex Account) as a benefit to working for
the City. Under the Flex Account, the employee is permitted to deposit a portion of
his or her pre -tax earnings into the Flex Account for the purposes of using those
earnings to pay for medicai expenses. The RFA wishes to provide its employees
with access to an account established under section 125 of the Internal Revenue
Code, but cannot provide such access on its own until December 16, 2010. This
Exhibit J details the agreement between the City and the RFA for the provision of
access to the City's Flex Account for RFA employees through December 15, 2010.
1.2 Effective Period. The City's Flex Account shall be available for
contribution by eligible employees of the RFA between July 1, 2010, and December
15, 2010. As of December 16, 2010, eligible employees shall not be permitted to
make contributions to the City's Flex Account, though the employees shall have
access to their account contributions until the last day of February, 2011.
1.3 Eligibility. Only those benefited employees of the RFA who, while still
City employees, were enrolled in the City's Flex Account on June 30, 2010, shall be
eligible to have access to and participate in the City's Flex Account during the
effective period.
1.4 Third -Party Administrator /Contract Requirements, The Flex Account
shall be maintained in accordance with the Administrative Services Agreement
between the City and Flex -Plan Services, Inc. The City does not guarantee the
performance of Flex -Plan Services, Inc., and in no way warrants that Flex -Plan
Services, Inc. will perform in accordance with the agreement or any laws relating to
the services provided. To that end, the RFA indemnifies and holds the City
harmless from any and all losses or injuries occasioned by the performance or lack
of performance of Flex -Plan Services, Inc.
1.5 Payment of Premiums. The RFA agrees to remit the employee
contributions of employees participating in the Flex Account on a semi - monthly
basis. Employee contributions shall be paid on the fifth (5th) and the twentieth
(20th) of the month in which the employee participates
EXHIBIT J — ACCESS TO FLEXIBLE 125 SPENDING ACCOUNT
Page 1
1.6 Enrollment and Termination of Members. The City and the RFA will
work together to set up a process to terminate members who are no longer eligible
or who are permitted to terminate participation due to a qualified life change.
1.7 Return of Unused Funds. At the conclusion of the effective period, the
City will endeavor to encourage employees who have remaining funds in the Flex
Account to claim their funds; provided, that an employee who fails to claim his or
her remaining funds by February 28, 2011, shall be deemed to have forfeited the
funds to the City.
EXHIBIT J - ACCESS TO FLEXIBLE 125 SPENDING ACCOUNT
Page 2
EXHIBIT° K
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
CIVIL SERVICE EXAMINER SERVICES
1.1 Services Provided by City. The City shall provide the following Civil
Service Examiner Services to the RFA:
a. Recruitment and promotional services pursuant to the then
applicable Civil Service Rules;
b. Pre - employment testing (psychological and physical exams),
driver's license record checks, etc.;
C. Attendance by the Civil Service Examiner at the monthly Civil
Service Commission meetings;
d. Maintenance of Civil Service rules and regulations;
e. Establishing and maintaining eligibility lists;
f. Test and score validation;
g. Candidate notifications;
h. Contract management for Civil Service testing by third -party
contractors;
L Maintenance of Civil Service personnel files; and
j. Perform all other tasks related to providing Civil Service
Examiner Services.
1.2 Period of Performance. The services provided pursuant to Section 1.1
of this Exhibit K shall be provided between July 1, 2010, and December 31, 2010,
unless terminated earlier by agreement of the parties. Any services provided after
December 31, 2010, shall be provided only pursuant to separate written
agreement.
1.3 Conditions of City Performance. In order for the City to provide Civil
Service Examiner Services to the RFA, the RFA shall meet the following conditions:
EXHIBIT K — CIVIL SERVICE EXAMINER SERVICES
Page 1
a. The RFA shall appoint the then existing Civil Service
Commissioners who serve on the City's Civil Service Commission
to serve on the RFA's Civil Service Commission. The RFA shall
coordinate such appointment with the current Civil Service
Commissioners.
b, - The RFA shall adopt Civil Service Rules,
C. The RFA shall ensure that it has taken all necessary steps to
ensure the proper establishment of a Civil Service system
compliant with Chapter 41.08 RCW.
d. The RFA Civil Service Commission shall appoint the City's Civil
Service Examiner as the RFA's Interim Civil Service Examiner.
e. In the event that there is a vacancy on the City's Civil Service
Commission, the City shall have full discretion to appoint a new
Commissioner, and the RFA shall appoint that same
Commissioner to its own Commission.
1.4 Occurrence of Civil Service Commission Meetings. Civil Service
Commission meetings of the RFA shall be held directly following the Civil Service
Commission meetings of the City, and on the same days as the City's Civil Service
Commission meetings. The meetings of the RFA shall be separate from the
meetings of the City, shall be governed by separate agendas, and shall be recorded
separately from the City's recordings.
1.5 Records of Civil Service Commissions. Civil Service records of the RFA
shall be kept separate from those of the City. Records shall be maintained by
either the Interim Civil Service Examiner or the RFA as agreed to by the parties.
After the December 31, 2010, termination date, or any agreed extension of that
date, all Civil Service records will be transferred to the RFA. The RFA will then be
the primary custodian of those records under the interlocal agreement and Exhibit
A.
1.6 Commission Appeals and Attorney for Commission. In the event an
appeal is filed before the RFA Civil Service Commission, the RFA shall, if requested
by the RFA Civil Service Commission, provide the Commission with the services of
an attorney for the purpose of assisting the Commission through the appeal
process. The attorney, if requested, shall be available to provide the Commission
with assistance prior to and during the hearing, as well as assistance in preparing
the decision of the Commission. The provision of such an attorney shall be at the
sole expense of the RFA.
1.7 Commission Appeals and Attorney for Civil Service Examiner. In the
event an appeal is filed before the RFA Civil Service Commission, the RFA shall, if
requested by the RFA Interim Civil Service Examiner, provide the Examiner with the
services of an attorney for the purpose of assisting the Examiner through the
EXHIBIT K - CIVIL SERVICE EXAMINER SERVICES
Page 2
appeal process. The provision of such an attorney shall be at the sole expense of
the RFA.
1.8 Appeals to Court. In the event an appeal of an RFA Civil Service
Commission decision is made before a court of law, such appeal shall be at the sole
expense of the RFA, and shall be prosecuted or defended by an attorney hired by
the RFA.
1.9 Salary and Benefits of Civil Service Examiner. The RFA shall pay
twenty -five percent (25 %) of the salary and benefit cost of the Interim Civil Service
Examiner. Payment shall be made by the RFA in accordance with the interlocal
agreement. The amount of the Civil Service Examiner's salary shall be set at the
sole discretion of the City.
EXHIBIT K - CIVIL SERVICE EXAMINER SERVICES
Page 3