HomeMy WebLinkAboutCOW 2022-09-26 Item 4D - Interlocal Agreement - Puget Sound Regional Fire AuthorityCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
9/26/22
NG
10/3/22
NG
ITEM INFORMATION
ITEM No.
4.D.
STAFF SPONSOR: NORM GOLDEN
ORIGINAL AGENDA DATE: 9/26/22
AGENDA ITEM TITLE An Interlocal Agreement with the Puget Sound Regional Fire Authority (PSRFA).
CATEGORY ® Discussion
Mtg Date 9/26/22
Motion
Mtg Date 10/3/22
Resolution
tug Date
❑ Ordinance
Alt t Date
Bid Award
NI Date
❑ Public Hearing
Alt p Date
Other
Mtg Date 9/19/22
SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ® Fire ❑ P&R ❑ Police ❑ PIS
SPONSOR'S
SUMMARY
This is the contract for services between the City of Tukwila (City) and Puget Sound
Regional Fire Authority (RFA). Under this contract, the RFA will provide fire and emergency
medical services to the City starting January 1, 2023. The ultimate goal is to go to the
voters for approval to annex into the RFA in the next two years (no later than April 2024).
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONsoR/ADMIN. Mayor's Office/Fire Department
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$14.7M
AMOUNT BUDGETED
$14.2M
APPROPRIATION REQUIRED
$
Fund Source: GENERAL FUND
Comments:
9/26/22
10/3/22
MTG. DATE
9/26/22
10/3/22
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memo dated September 12, 2022
Interlocal Agreement
Tukwila Statement of Principle
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Norm Golden, Deputy Fire Chief
David Cline, City Administrator
CC: Mayor Ekberg
DATE: September 12, 2022
SUBJECT: Interlocal Agreement for Fire Services with Puget Sound Regional Fire Authority
ISSUE
The City Council is being asked to approve an Interlocal Agreement to enter into a contract for fire
services with the Puget Sound Regional Fire Authority, and approve budget amendments in 2022 to
implement this contract.
BACKGROUND
The Mayor and City Council asked for a solution to provide high-quality fire services to the Tukwila
community at a sustainable cost. In October 2021, the City Council appointed twelve members to a
diverse Future of Fire/EMS Community Advisory Committee (CAC), along with bringing on Financial
Consultant Bill Cushman and Consultant/Facilitator Karen Reed. The CAC convened 10 meetings and
presented a final recommendation to the City Council in May 2022. After studying nine options for fire
services, the final recommendation was to annex into the Puget Sound Regional Fire Authority
(PSRFA). The pathway to annexation is to enter a short-term contract for services and immediately
focus on the annexation process. Full detail about the work of the CAC, including the final report, can
be found at: https://www.tukwilawa.gov/departments/mayors-office/key-city-plans-and-projects/future-
of-fire-ems-services/
In June 2022, the City Council agreed with the CAC's recommendation to pursue a short-term contract
for services with PSRFA that would lead to annexation. The City Administrator and Deputy Fire Chief
were tasked with negotiating an Interlocal Agreement (ILA) with PSRFA that met these objectives. The
Council reviewed and approved a "Statement of Principle" during two updates provided on July 25 and
August 22, 2022. PSRFA Fire Chief Matt Morris met with the City Council during this process on June
13 and Aug 22, 2022. After a collaborative process between the PSRFA and the City, a mutually
agreed upon ILA was drafted that would begin a contract for services with PSRFA on January 1, 2023.
DISCUSSION
The ILA is ready for presentation to the City of Tukwila and the PSRFA Board of Governance for their
respective consideration and action. All the items listed in the "Statement of Principle" reviewed by the
Council on August 22, 2022, have been addressed in this ILA. Some key highlights are as follows:
• The goal is to have annexation in place within the next two years, with a public vote no later than
April 2024. The ILA is structured to renew for an additional two years to allow for a second vote if
necessary. Additional two-year renewals would be through mutual agreement.
• An Annexation Oversight Committee of elected officials (up to three from the PSRFA and up to
three from the City) and a staff Annexation Working Group would be immediately established to
create an Annexation Plan to be placed on the ballot.
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INFORMATIONAL MEMO
Page 2
• The ILA will provide the same or better fire and EMS services and response times to the City of
Tukwila utilizing the existing fire stations, equipment, and personnel.
• Fire Marshal enhanced services, Public Education, and CARES (Social Worker and Nurse
response unit) will be initiated.
• Costs will be evaluated and adjusted to stay within the cost estimates of the ILA.
• The Fire Stations will be leased to the PSRFA until they are transferred upon successful
annexation.
• All personnel and equipment will be transferred upon execution of the ILA. There are provisions to
return personnel and equipment upon the unlikely termination of the ILA.
• No transfer of reserve funds is required in the first two years of the ILA. As outlined in the City
Public Safety Plan, the City is scheduled to purchase a new fire engine in 2024, and will need to
follow through on this purchase through a budget amendment in 2022.
• The City shall transfer the 2021 Aid Unit vehicle to the RFA as reimbursement of the RFA's "start-
up" costs for the ILA (estimated to be $300K). These costs are new uniforms, and equipment
needed to make the transition to the RFA.
• The City will appoint one elected member to serve as a non-voting member of the RFA Board of
Governance (BoG) during the time of the ILA. Upon annexation, the City would have equal and
fair voting representation on the BoG.
• The RFA will provide a representative to be a liaison to provide regular updates at City Council
meetings.
FINANCIAL IMPACT
The 2023 Cost Estimate is $14,790,120 with an expected 5% escalation for 2024. The $14.7 million
cost includes not only the contract for services ($14.2M) but LEOFF 1 retiree medical and post-
retirement medical per our current labor contract. These two costs will remain the responsibility of the
City regardless of contract for services or annexation. For context, the Tukwila Fire Department's 2022
adjusted budget is $14,297,033 and includes these same costs.
The City's Public Safety Plan planned for purchases of apparatus and equipment. For apparatus, a
new engine was planned in 2024 and was to be funded via financing through the State of Washington's
LOCAL program. This would be either a 10- or 20 -year repayment schedule with interest being paid to
the State. Per this agreement, the engine will be ordered by PSRFA and reimbursed by the City. A
2022 Budget Amendment of up to $1.1 million for an interfund loan will need to be authorized for this
reimbursement. By utilizing an interfund loan rather than the State's LOCAL program, the City will have
control over the repayment terms of the financing. For equipment, a 2022 budget amendment of up to
$200,000 will be needed to complete purchases of necessary equipment such as thermal imaging
devices and defibrillators.
RECOMMENDATION
Staff is seeking Council approval of the Interlocal Agreement and authorization for Mayor to sign the
agreement as well as approve 2022 budget amendments for purchasing one engine and necessary
equipment as part of the Public Safety Plan.
ATTACHMENTS
Interlocal Agreement for Consolidation of Services
Statement of Principle for Negotiations
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Council/RFA_ILA_Final_Memo.docx
INTERLOCAL AGREEMENT FOR CONSOLIDATION OF FIRE SERVICES
This Agreement is entered into between PUGET SOUND REGIONAL FIRE AUTHORITY, a
municipal corporation, hereafter referred to as "RFA," and CITY OF TUKWILA, a municipal
corporation, hereafter referred to as "City" (collectively, "the Parties").
RECITALS
1. This Agreement is entered into by the City under the authority of RCW 35A.11.040 and the
RFA under the authority of RCW 52.26.090 and by both Parties in conformity with chapter
39.34 RCW, the Interlocal Cooperation Act.
2. The RFA and the City currently each maintain and operate their own fire departments to
provide fire protection, fire suppression, fire marshal services, and emergency medical services
in their respective jurisdictions.
3. The purpose of this Agreement is to consolidate services to allow for the RFA to provide fire
protection, fire suppression, fire marshal services, emergency medical services and non-
emergency medical services (collectively, "Services," as detailed in Section 3) to the City.
4. This Agreement is an interim step to the Parties' shared goal that the City secure voter approval
to annex into the RFA effective either August 1, 2024, or no later than August 1, 2025.
AGREEMENT
To carry out the purposes of this Agreement and in consideration of the benefits to be received by
each party, the Parties hereby agree as follows:
1. DEFINITIONS.
1.1. The following terms, when used in this Agreement, shall be defined as follows:
(a) "RFA" means the Puget Sound Regional Fire Authority, a Washington municipal
corporation.
(b) "City" means the City of Tukwila, a Washington municipal corporation.
(c) "Chief' means the duly appointed Fire Chief, or acting Fire Chief, of the RFA.
(d) "Material Breach" shall be defined as either:
(i) The RFA's failure to provide Services at the Level specified in Section 3;
(ii) The City's failure to pay the contract payments specified in Exhibit A
(Costs), or
(iii) Any other failure of a party to perform a contractual obligation that prohibits
the other party from performing its payment or service obligations.
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(e) "Wind Up Period" means the agreed upon process as determined by the Transition
Group resulting from contract termination in Sections 2.4 (Voluntary Termination)
or 2.5 (Termination for Material Breach) to re-establish the City's fire related
services either by reconstituting the City's fire department or by contracting with
another fire service provider.
2. TERMS OF SERVICE AND ANNEXATION.
2.1. Term. This Agreement shall be effective on January 1, 2023 ("Effective Date") and
shall automatically renew every two years on the Anniversary Date in odd -numbered
years (2025 and 2027), unless earlier terminated in accordance with Sections 2.2
(Termination upon Annexation Effective Date), 2.4 (Voluntary Termination), and/or
2.5 (Termination for Material Breach). For purposes of this Agreement, January Pt
shall be referred to as the "Anniversary Date."
2.2. Termination upon Annexation Effective Date. Immediately upon the Effective Date
of this Agreement, the Parties shall determine a schedule for developing terms by
which the City shall, if approved by City voters, annex into the RFA consistent with
terms of a mutually agreeable Annexation Plan. While acknowledging that this action
is subject to future legislative action by both Parties, the Parties agree to use best efforts
to place an annexation ballot measure before the City voters no later than the April
2024 special election ("First Annexation Vote"), with an annexation effective date no
later than August 1, 2024. If the voters approve the annexation, then this Agreement
shall terminate as of the annexation effective date. If the First Annexation Vote is
rejected by City voters, then the Parties agree to work together to determine if the
annexation proposition should be revised, and in any event, shall use their best efforts
to submit a second annexation vote proposal to the voters of the City by no later than
the April 2025 special election ("Second Annexation Vote"), with an annexation
effective date no later than August 1, 2025. If the voters approve the annexation at the
Second Annexation Vote, then this Agreement shall terminate as of the annexation
effective date for the Second Annexation Vote.
2.3. Annexation Principles. The Parties agree that they shall seek an Annexation Plan to
accomplish the following shared goals and principles:
(a) Equitable Governance Representation. The City shall be provided voting seats
on the RFA Board equivalent to the voting rights of other Cities or Fire Districts
that are RFA members with RFA Board voting rights.
(b) Equitable Financial Contribution. During the term of this Agreement, the Parties
agree that the RFA finances should not result in any participating jurisdiction
providing a significant subsidy to other agencies that participate in, or served under
contract by, the RFA and should reflect the benefit to each participating jurisdiction
or contract agency of having the services from a regional fire agency. The Parties
agree to review adjustments to the RFA Fire Benefit Charge (FBC) formula and to
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submit to the RFA Board for approval adjustments in the FBC formula to ensure
this policy goal is reasonably met to the satisfaction of both the City and the RFA.
2.4. Voluntary Termination. The City or the RFA may voluntarily terminate this
Agreement if the Second Annexation Vote fails. The termination date shall be as of
December 31 of the year following the year in which notice of termination is given,
provided the City or RFA shall give the other party a minimum of eighteen (18)
months' notice prior to termination. In the event of voluntary termination by either
party, the terms of asset transfer and employee layoffs to facilitate the City's
reconstituting a City fire department or securing service from another fire service
provider are described in Section 2.5(e) (Asset Transfer Back to City), Section 5.7
(Disposition of Property in the Event of Termination), and Section 6.8 (Effect on
Represented Personnel in the Event of Termination).
2.5. Termination For Material Breach. Either Party may terminate this Agreement in the
event of a Material Breach of this Agreement by the other Party pursuant to the
following process:
(a) The non -breaching Party shall provide the breaching Party with written notice
which sets forth the alleged Material Breach(es).
(b) The breaching Party shall have ninety (90) days following receipt of the notice from
the non -breaching Party (the "Cure Period") to cure such alleged Material
Breach(es).
(c)
In the event the breaching party fails to cure such Material Breach(es) during the
Cure Period, the non -breaching Party may terminate this Agreement upon the
expiration of the Cure Period, subject to the Wind -Up provisions set forth in
Sections 2.5(d) & (e) by providing the breaching party with written notice of
termination of this Agreement. The right to terminate this Agreement set forth in
this paragraph shall be in addition to the other rights and remedies available to the
Parties under applicable law.
(d) In the event of a Material Breach of this Agreement that has not been cured by the
expiration of the Cure Period, the Parties shall, unless the Parties mutually agree
otherwise in writing, continue to perform their respective obligations under this
Agreement for a minimum of twelve (12) months after the expiration of the Cure
Period (the "Wind -Up Period"); provided, that the Wind -Up Period shall be six (6)
months if the Material Breach involves the City's failure to make the Contract
Payment or the RFA's failure to provide services; provided further, that during the
Wind -Up Period, the Parties shall coordinate and cooperate their efforts to
transition services in good faith. If the RFA is providing all services as defined in
Section 3, the City shall be responsible for all payments required herein until the
conclusion of the Wind -Up Period.
(e) In the event either Party gives notice of termination of this Agreement per Sections
2.4 and/or 2.5, the Mayor and RFA Fire Chief shall meet within two weeks of the
non -terminating Party's receipt of the notice to establish a Transition Group with
such membership from both parties as the Mayor and Fire Chief may determine If
the City determines to seek service from another fire/EMS agency, the Transition
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(1)
Group shall include representation from that agency. The Transition Group shall be
tasked with developing and implementing a Transition Plan during the Wind -Up
Period to ensure a smooth transition by either reconstituting the City fire
department or transferring the City to a new fire service provider, including, among
other provisions, the plan for delivering back to Tukwila all Information
Technology identified in Exhibit F (Information Technology), all Real Property
identified in Exhibit G (Real Property), all Personal Property identified in Section
5.3 (Exhibits H (Gear) & L (Fleet)), and all City Records identified in Exhibit
I (Records Management) of this Agreement.
Upon issuance of a notice of termination of this Agreement, the City shall make a
prompt determination as to whether it will seek to reconstitute a City fire
department or secure services from a different fire/EMS agency(s) and shall provide
at least twelve (12) months' notice of its intention to the RFA.
If the City decides to reconstitute its fire department, the City shall
determine its staffing needs and shall prioritize hiring RFA personnel laid
off by the RFA as a direct result of the termination of this Agreement
consistent with the terms of Section 6.8.
ii. If the City determines to secure fire/EMS services from a different fire/EMS
agency, the RFA and the City shall work cooperatively and make reasonable
efforts to support the placement of any laid off RFA employees with the
new provider that becomes responsible for fire/EMS services for the City.
3. SERVICES PERFORMED BY THE RFA FOR THE CITY
3.1. Fire Suppression Services. The RFA shall furnish fire protection, fire suppression and
all hazard emergency response services necessary for the protection of life and property
to all properties and persons presently within or subsequently annexed to the City
including all City owned or leased real and personal properties. Such services shall be
rendered within the City on the same basis as is rendered to other areas within the RFA
or with which the RFA has contracts without regard to political boundaries but rather
with regard to providing the most efficient and effective service to the entire area
served by the RFA.
3.2. Emergency Medical Services. The RFA shall furnish emergency and non -emergency
medical services to all properties and persons presently within or subsequently annexed
to the City including all City owned or leased real and personal properties. Such
services shall be rendered within the City on the same basis as is rendered to other areas
within the RFA or with which the RFA has contracts without regard to political
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boundaries but rather with regard to providing the most efficient and effective service
to the entire jurisdiction served by the RFA.
3.3. Community Risk Reduction (CRR) Services. The RFA shall perform Fire
Prevention services for the City as follows:
(a) Community Risk Reduction services as outlined in Exhibit B (Community Risk
Reduction).
(b) Designation of Fire Chief and Fire Marshal. For the purposes of enforcement of
federal, state, and city laws in relation 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 provisions of the services hereunder, the City hereby designates
the Fire Chief of PSRFA as the City's Fire Chief, and the PSRFA's Fire Marshal
as the City's Fire Marshal and Fire Code Official. Notwithstanding the preceding
designations, the Fire Chief and Fire Marshal shall remain employees of the RFA,
and the RFA shall retain absolute discretion over all employment decisions relating
to the Fire Chief and Fire Marshal.
(c) All records relating to the provision of Fire Prevention services, including retention,
custody, and disclosure shall be managed in accordance with Exhibit I (Records
Management).
3.4. Public Education. The RFA shall provide the City with public education services as
specified in Exhibit C (Public Education).
3.5. Fire Investigation Services. The RFA shall perform Fire Investigation services for the
City as follows:
(a) Fire Investigation services as outlined in Exhibit D (Fire Investigation).
(b) All records relating to the provision of Fire Investigation services in the City of
Tukwila, including retention, custody, and disclosure shall be managed in
accordance with Exhibit I (Records Management).
3.6. Emergency Management Services. The RFA shall perform Emergency Management
services for the City as follows:
(a) Emergency Management Support and Consultation. The City shall remain
responsible for providing Emergency Management services in the City of Tukwila.
The RFA shall provide support and consultation to the City Emergency
Management Director as outlined in Exhibit E (Emergency Management).
(b) Emergency Coordination Center Staffing. The City shall permit the RFA to
assign a designated RFA staff member to the Emergency Coordination Center
(ECC) during periods in which the ECC is activated.
(c) All records relating to the provision of Emergency Management services in the City
of Tukwila, including retention, custody, and disclosure shall be managed in
accordance with Exhibit I (Records Management).
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3.7. Information Technology. The RFA shall provide information technology services
necessary to support the Services identified in this Section 3. The City shall provide to
the RFA its existing Information Technology equipment identified in Exhibit F
(Information Technology).
3.8. Level of Service for Fire Suppression and Emergency Medical Services. The RFA
shall maintain the following minimum staffing levels of twelve (12) per day to support
Fire Suppression and Emergency Medical Services within the City during the term of
this Agreement. In addition, the District Chief and Battalion Chief shall support all four
stations as necessary for operational purposes. The following example of a deployment
model is one way to provide services but may be adjusted as necessary to support
service delivery:
(i) Station 51 Minimum Staffing (L351). One Engine or Ladder Truck with
one captain, one engineer, and one firefighter or engineer.
(ii) Station 52 Minimum Staffing (E352). One Engine or Ladder Truck with
one captain, one engineer, and one firefighter or engineer.
(iii) Station 53 Minimum Staffing (E353). One Engine or Ladder Truck with
one captain, one engineer, and one firefighter or engineer.
(iv) Station 54 Minimum Staffing (E354). One Engine or Ladder Truck with
one captain, one engineer, and one firefighter or engineer.
(v) Minimum Staffing. For purposes of this Agreement, the Parties agree that
the RFA must maintain employment of 48 uniformed firefighters, a shared
Battalion Chief, and a shared District Chief that are primarily assigned to provide
service in the City. An additional four (4) employees shall be maintained to
provide Community Risk Reduction (CRR) services to the City.
(b) Standards of Response Coverage for Fire Suppression and Emergency
Medical Services. The RFA agrees to maintain a Total Response Time (turnout
time + drive time) in the response to emergencies and the deployment and use of
personnel, at the following levels that exist as of the date this Agreement was
negotiated:
(i) Fire Emergencies: Six and one half (6:30) minutes for ninety percent
(90%) of all fire incidents evaluated on a rolling twelve-month period.
(ii) Basic Life Support (BLS) and Effective Response Force: Ten (10)
minutes for ninety percent (90%) of all BLS incidents and incidents requiring an
effective response force evaluated on a rolling twelve-month period.
(c) Temporary Adjustments to Staffing Levels or Standards of Response
Coverage. The RFA reserves the right to temporarily modify staffing levels and
Standards of Response Coverage from time -to -time as circumstances may require.
The RFA shall provide the City with written notice of any temporary changes that
exceed 72 hours in duration. Subject to the minimum staffing requirements in
Section 3.8 (i) -(v) above, the RFA shall provide the City with advance notice of
any permanent increase or decreases in the Standards of Response Coverage
affecting the City. In the event of a decrease, the Parties shall explore options for
avoiding the decrease and adjusting the services costs correspondingly.
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4. PAYMENT FOR SERVICES.
4.1. Payment Procedures. For the services provided pursuant to this Agreement, the City
shall pay the RFA the amounts determined under Exhibit A (Costs). The RFA shall
provide the City with quarterly invoices for the amounts due for services rendered in
the previous quarter, and the City shall pay all invoiced amounts within 30 days of
receipt.
4.2. Semi -Annual Cost Evaluation and Equalization. The Parties intend that the payment
for services be fair, equitable, and reasonable. Prior to the RFA providing the second
and fourth quarter invoices to the City, the Parties shall evaluate whether the actual
costs of services rendered by the RFA approximately equal the City's proposed
payment for services consistent with Exhibit A (Costs). The Parties intend to adjust
the City's payment upward or downward to ensure the City is not over or under paying
for services rendered by the RFA.
4.3. Failure to Submit Invoice. The failure of the RFA to submit an invoice for services
to the City within the timeframes provided in this Agreement shall not result in a waiver
of the City's obligation to pay for the services; provided that the failure of the RFA to
invoice the City for a period in excess of thirteen (13) months from the date the services
were rendered shall result in a complete waiver and shall release the City from any
obligation to pay for those services, unless otherwise agreed to by the Parties.
4.4. RFA Charges Under RCW 52.30.020. The RFA may exercise its powers under RCW
52.30.020, or other provisions of state or federal law related to fire protection and
emergency medical services, by contracting directly with state agencies, state
institutions or municipal corporations owning real property or improvements within
the City.
4.5. Significant Change in Cost of Providing Services. In the event either Party
determines that a material and significant increase or decrease in the costs of providing
services under this Agreement as the result of a legislative policy or declaration, or
other event has occurred that mandates a change in the level of service or cost of
service, beyond the control of the Parties, then, at the request of either Party, the Parties
shall renegotiate the funding and service provisions of this Agreement. If the Parties
are unable to successfully renegotiate this Agreement through good faith negotiations,
the Dispute Resolution Provisions of this Agreement shall apply.
4.6. No Additional Financial Contributions as a Condition of Annexation. The City
having transferred its fire apparatus and equipment to the RFA in anticipation of the
City's near-term annexation into the RFA pursuant to this Agreement, the Parties agree
and confirm that the RFA will not require any further financial contributions from the
City as a condition of annexation, including but not limited to reserve and working
capital funding, annexation start-up costs, or any other one time or ongoing financial
needs of the RFA. Notwithstanding the foregoing, unless the Parties agree to share the
cost of the City annexation election(s) and public outreach related to those election(s),
such costs shall be the responsibility of the City.
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5. ASSET TRANSFERS.
5.1. Real Property. The City owns and shall retain title to Fire Stations 51 through 54, and
related improvements, as legally described in Exhibit G (Real Property). During the
term of this Agreement, the City shall lease to the RFA the real property and
improvements identified in Exhibit G (Real Property) for $1.00 per year pursuant the
terms of separate written leases, which shall contain, at a minimum, terms consistent
with this Paragraph and Section 5.2.
5.2. Maintenance and Improvement of Real Property.
(a) Routine Maintenance. Routine maintenance includes all regular maintenance that
does not meet the threshold of Major Repairs and Maintenance set forth in Section
5.2.b. The RFA shall be solely responsible for the routine maintenance associated
with the Real Property identified in Exhibit G (Real Property).
(b) Major Repairs and Maintenance. Major Repairs and Maintenance shall be
defined as repairs or maintenance items that cost more than one thousand dollars
($1,000). The City and the RFA shall share equally in the cost of major repairs and
maintenance, provided the RFA's contribution shall be capped at ten thousand
dollars ($10,000) for any individual repair or maintenance.
(c) Utilities. The RFA shall be responsible for payment of all utilities serving the Real
Property in Exhibit G (Real Property).
(d) Capital Improvements. Capital Improvements for the purpose of this Agreement
shall be defined as repairs, maintenance, or improvements to the Real Property in
excess of ten -thousand -dollar ($10,000). The City shall remain solely responsible
for all Capital Improvement costs beyond the RFA's maximum contribution under
Section 5.2(b). to the Real Property in Exhibit G (Real Property).
(e) Disposition of Real Property in the Event of Termination. In the event this
Agreement is terminated pursuant to Section 2, except as otherwise addressed in
the Annexation Plan, the Lease Agreements for the Real Property shall be
terminated effective on the date the RFA is no longer responsible for providing
services to the City, and the City shall assume full responsibility for the Real
Property in Exhibit G (Real Property).
5.3. Personal Property. The City shall transfer ownership of all City personal property
identified in Exhibits H (Gear) & (Fleet) to the RFA for the entire term of this
Agreement, collectively "Personal Property."
(a) Title. The City shall transfer title to the RFA all titled Personal Property in Exhibits
H (Gear) & L (Fleet).
(b) Service and Maintenance Records. The City shall provide the RFA with all
applicable service and maintenance records, shop manuals, and other documents
related to the Personal Property in Exhibits H (Gear) & L (Fleet).
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(c) Maintenance of Personal Property. The RFA shall be responsible for the
maintenance, repair, and replacement of all Personal Property in Exhibit H (Gear)
& L (Fleet) during the term of this Agreement.
(d) Personal Property Insurance. The RFA shall be responsible for insuring the
Personal Property in Exhibits H (Gear) & L (Fleet).
5.4. Capital Purchases. The RFA shall order a new Pierce Enforcer Pumper in 2022
consistent with the current replacement schedule for pumpers serving the Tukwila
stations, and the City shall be invoiced three payments over three (3) years with the
first payment occurring in 2023, the second payment in 2024, and the final payment in
2025.
5.5. Startup Costs. The RFA has identified the need for new uniforms and information
technology ("IT") equipment (e.g., laptops, desktops, monitors, etc.) (collectively,
"Startup Costs"), to provide services to the City under this Agreement, and the City
has identified a 2021 Aid Unit vehicle of comparable value to Startup Costs. The City
shall transfer the 2021 Aid Unit vehicle to the RFA, and the RFA agrees to accept said
vehicle from the City as reimbursement of the RFA's Startup Costs. The Parties agree
that such exchange constitutes fair and adequate consideration to both the RFA and the
City, and the City shall not be obligated to pay the RFA any additional Startup Costs.
5.6. Records. The Parties agree that the transfer, retention, and plan for records
management is set forth in Exhibit I (Records Management).
5.7. Disposition of Property in the Event of Termination. In the event this Agreement is
terminated pursuant to Section 2.4 or 2.5, the RFA shall transfer to the City any and all
Personal Property (Exhibits H (Gear) & L (Fleet)) of comparable value and utility,
excluding the 2021 Aid Unit referenced in Section 5.5 (Startup Costs), and provided
that such Personal Property is still owned by the RFA on the Termination Date.
5.8. Disposition of Personal Property in the Event of Termination by Annexation.
Except as otherwise provided in the Annexation Plan, in the event this Agreement is
terminated by the annexation of the City into the RFA, all Personal Property shall be
considered as permanently owned by the RFA.
6. EMPLOYEE TRANSFERS.
6.1. City Employees to become RFA Employees. The RFA shall become the employer of
those employees of the City identified in Exhibit J (Employees).
6.2. Collective Bargaining. Each Party has undertaken to collectively bargain the impact
of this Agreement upon the respective labor unions which represent each Party's
employees. International Association of Fire Fighters (IAFF) Local 1747 "RFA Union"
and IAFF Local 2088 "City Union" have approved a Memorandum of Understanding
(MOU) establishing the conditions under which the City fire fighters shall be integrated
into the RFA Union. The approval of this Interlocal Agreement by the City and the
RFA shall constitute each Party's approval of the terms and conditions of the MOU
between the unions.
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6.3. Accrued Employee Leave Balances. The RFA shall be responsible for the full amount
of City employees' leave balances, excluding the value of accrued compensatory time,
existing on the Effective Date of this Agreement, which value the City shall determine
and provide to the RFA as of December 31, 2022. The Parties agree that these leave
balances offset the Personal Property transfer set forth in Section 5.3 in a manner that
is fair and equitable to both Parties, and that the City shall not owe any additional
compensation to the RFA for such accrued employee leave balances upon annexation.
(a) Responsibility for Accrued Leave Balances Accruing After Effective Date on
Termination. The terminating Party (RFA or City) under Section 2.4 shall be
responsible for accrued leave balances of any of the RFA employees employed by
the City or its successor service provider to meet the City's minimum staffing
requirement that are laid off by the RFA as a direct result of the termination of this
Agreement. The breaching Party (RFA or City) under Section 2.5 shall be
responsible for accrued leave balances of any of the RFA employees employed by
the City or its successor service provider to meet the City's minimum staffing
requirement that are laid off by the RFA as a direct result of the termination of this
Agreement. If the Parties mutually agree to the termination of this Agreement, the
impacts to accrued leave balances shall be bargained in good faith by both sides. If
the Agreement is terminated by annexation, the RFA shall remain responsible for
the accrued leave balances.
6.4. City Responsibility for Law Enforcement Officer & Fire Fighter (LEOFF) Plan 1
Retirees. The City shall retain the liability for LEOFF 1 City Fire Department retirees
to include medical and long-term care insurance payments and any other expenses
incurred by the City Fire Department LEOFF 1 personnel in accordance with the City
LEOFF 1 Policies and Procedures. The City does not have any LEOFF 1 members
currently employed.
63. City Responsibility for Retirement Management Program (RMP). The City retains
the obligations established in the City of Tukwila and IAFF Local 2088 Collective
Bargaining Agreement (CBA) Memorandum of Understanding (MOU) concerning the
Retirement Management Plan (RMP) for participants that have retired prior to January
1, 2023, as identified in Exhibit K (RMP)
6.6. Indemnification Regarding City Personnel Claims. The City shall indemnify,
defend, and hold the RFA harmless from any and all demands, claims, or actions by
former City Personnel, which arise out of, or relate to, the City Personnel's
employment prior to the Effective Date of this Agreement.
6.7. Civil Service. As of the Effective Date of this Agreement, the City Employees
transferred to the RFA shall be subject to the RFA's Civil Service Commission
consistent with chapter 41.08 RCW and RCW 52.26.100. During the term of this
Agreement, the City personnel shall be considered part of the RFA's civil service
system.
6.8. Effect on Represented Personnel in the Event of Termination.
a) The Parties acknowledge that all Zone 3 fire/EMS agencies are reliant on one
another to support incident responses daily, and that Zone 3 fire/EMS agencies
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collaborate to secure efficiencies in the delivery of fire/EMS services and work
together to improve service levels to the public across Zone 3. In the event this
Agreement is terminated, whether the City determines to reconstitute its fire
department or secure fire/EMS services from another Zone 3 fire/EMS agency, or
other neighboring Zone fire/EMS agency, the Parties have a mutual interest in
ensuring the success of the City's service transition and the quality and reliability
of the services to be provided for the City as a result of that transition, which by
extension will also support the RFA and other Zone 3 fire/EMS agencies and the
communities they serve. The obligations of the Parties in this Section 6.8 shall be
construed to support the mutual goals and benefits outlined in this subsection (a).
b) In the event of termination of this Agreement, the City shall identify its staffing
needs per the approved organizational chart, or to support the needs of the agency
that will become the City's new service provider, in accordance with Section 6.8(c)
of this Agreement. The intent is to provide a stratified list of employees (Seniority,
Rank, Fire Marshal's Office, etc.) based on the seniority, rank and qualifications
needed to establish a cost-effective and efficient City fire department operating not
less than two fire stations and a Fire Marshal's Office. An organizational chart shall
be developed by the Transition Group reflecting a mutually agreeable way to meet
the City's needs, provided that the City shall have sole discretion to determine the
number of fire stations to be staffed by the new City department, and the daily
minimum staffing for the stations. The organizational chart shall be approved by
the City's legislative body. The City shall not be required to hire any former RFA
personnel in excess of the staffing needs reflected on the City's approved
organization chart. The RFA shall not be required to lay off any RFA personnel
that would reduce RFA staffing needs below that required to meet its operational
needs after it no longer provides service to the City.
c) RFA personnel layoffs directly resulting from the termination of this Agreement
shall be made in the following priority order:
i. Voluntary. RFA members volunteering to join the reestablished City
organization or its successor service provider(s). Any ties shall be decided
by seniority with the more senior member getting the position.
ii. Legacy Tukwila Employees. All employees of the City whose
employment is transferred to the RFA pursuant to this Agreement (Tukwila
Legacy Employees) shall be the next to be laid off, in order of seniority
(most senior first).
iii. Other RFA Employees. If there are fewer volunteer and Tukwila Legacy
Employees than needed to fill the positions in the approved City
organization chart or the needs of the City's successor service provider, and
if the RFA lays off additional employees due to the termination of this
Agreement, those additional employees shall be laid off in accordance of
the RFA collective bargaining agreement (least senior first) in an effort to
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help the City meet its staffing needs per the approved organizational chart,
or to meet the needs of the City's new service provider.
d) Consistent Labor Agreements. The RFA shall make its best efforts to ensure that
terms to enable it to meet the layoff provisions in this Section are included in its
collective bargaining agreements, in the form of a Memorandum of Understanding
incorporating by reference this Agreement and confirming the process for layoffs
consistent with subsections 6.8(b) and (c) in the event of termination of this
Agreement.
7. OVERSIGHT AND ADMINISTRATION.
7.1. Governance Board. The City shall appoint one (1) elected member of the City Council
to serve in a non-voting position on the RFA Governance Board, to ensure a City voice
in board deliberations prior to annexation.
7.2. Administration of 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 Tukwila Mayor and the RFA Fire Chief, or their
designees. The Committee shall meet on a regular basis as determined by the
Committee and 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. Either member of the
Committee may call meetings as deemed appropriate. The Committee may, at its
discretion and by mutual agreement of the Parties, recommend amendments to this
Agreement or its Exhibits to the City Council and RFA Governance Board 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 12 (Dispute
Resolution).
7.3. City Leadership Team Meetings. The RFA shall provide a City Liaison to attend the
regular City Council meetings who shall be mutually agreed upon between the Fire
Chief and the Tukwila Mayor. The Fire Chief may provide an alternate to
accommodate scheduling as needed. The RFA Liaison shall provide regular reports on
the performance measures identified in Section 3.8(b) of this Agreement.
7.4. Monthly Meetings. The RFA Fire Chief shall meet with the Tukwila Mayor (or
designee) monthly, or as frequently agreed to, by the Tukwila Mayor and the RFA Fire
Chief.
7.5. Annexation Plan. Upon execution of this Agreement, an Annexation Working Group
shall be immediately created to fulfill the Parties' mutual purpose of annexing the City
into the RFA consistent with the Annexation Principles in Section 2.3. Both Parties
agree that annexation shall provide further efficiencies as well as stabilize funding
through the RFA funding model which includes a fire benefit charge. The initial
timeline shall be to place an initiative on the April 2024 ballot for an annexation
Effective Date of July 1, 2024. These timelines may be accelerated upon mutual
agreement of the Parties.
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(a) Annexation Oversight Group. Up to three elected officials from the City and up
to three elected officials from the RFA shall convene to form a group of up to six
members, known as the Annexation Oversight Group, which shall meet starting in
January 2023, and as frequently as needed, to review the work process and the
recommendations of the Annexation Working Group. This Annexation Oversight
Group shall mutually approve and recommend the Annexation Plan to be sent for
review and approval by the RFA Governing Board and the City Council.
(b) Annexation Working Group. The RFA Fire Chief and the City Mayor, and/or
their designees, shall form and staff a Working Group to develop the Annexation
Plan. The Annexation Working Group shall meet regularly to develop the
Annexation Plan and shall support the Annexation Oversight Group. The
Annexation Working Group shall prepare a draft Annexation Plan for initial review
by the Annexation Oversight Group at their first meeting in January of 2023. The
Annexation Plan shall include key milestones for the First and Second Annexation
Votes consistent with Section 2.2.
7.6. Annual Report. The RFA Fire Chief or designee shall provide an annual report to the
City Council regarding the services provided under this Agreement on or before April
1St of each year beginning in 2024 (Annual Report for 2023).
8. EXISTING AGREEMENTS.
8.1. Mutual and Automatic Aid Agreements. The RFA shall assume the City's
contractual responsibility and obligations for the provision of mutual and automatic aid
under all current Agreements between the City and other fire agencies. At such time as
these agreements are renegotiated and re -executed, the RFA shall represent the City's
interests and shall be signatory to such agreements.
9. INDEMNIFICATION AND HOLD HARMLESS.
9.1. Each Party shall, at all times, be solely responsible and liable for the acts or the failure
to act of its personnel that occur or arise in any way out of the performance of this
Agreement by its personnel only and shall indemnify and hold the other Party and its
personnel, elected officials, and agents harmless from all costs, expenses, losses and
damages, including cost of defense, incurred as a result of any acts or omissions of
such Party relating to the performance of this Agreement.
10. INSURANCE.
10.1. City Insurance. City is a member of the Washington Cities Insurance Authority risk
pool and shall provide insurance coverage for all facilities owned by City. The
insurance coverage shall include all risk property insurance, insuring the fire stations
at the replacement cost.
10.2. RFA Insurance. The RFA shall provide insurance coverage for all equipment and
personnel of the RFA and the City as identified in Exhibit J (Personnel), Exhibit F
(Information Technology), Exhibit G (Real Property), Exhibits H (Gear), and L
(Fleet) of this Agreement. The insurance coverage shall include all risk property
insurance, insuring the fire station contents at replacement cost and general liability
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insurance, including errors and omissions coverage. The RFA shall furnish to City
appropriate documentation showing that such coverage is in effect. The City recognizes
that the RFA is a member of a governmental insurance pool and the RFA shall provide
proof of such to the City upon execution of this Agreement and on an annual basis.
Policy deductibles shall be the responsibility of the RFA.
11. INDEPENDENT MUNICIPAL GOVERNMENTS.
11.1. Independent Governments. The Parties recognize and agree that the RFA and the
City are independent governments. Except for the specific terms of this Agreement,
nothing herein shall be construed to limit the discretion of the governing bodies of each
Party. This Agreement shall not be construed as creating an association, joint venture,
or partnership between the parties, nor to impose any partnership obligations or
liabilities on either Party.
11.2. No Agency. Except as specifically provided in this Agreement, neither Party shall have
any right, power, or authority to enter into any agreement or undertaking for, or on
behalf of, to act as, or be an agent, or representative, or to otherwise bind the other
Party.
11.3. Debts and Obligations. Neither the City nor the RFA, except as expressly stated in
this Agreement, or as required by law, shall be liable for any debts or obligations of the
other Party.
11.4. Assignment of Resources. Except as otherwise expressly provided in this Agreement,
the RFA shall have the sole discretion and the obligation to allocate and assign the
resources available to it without regard to political boundaries and to determine the
exact method by which the services described in this Agreement are provided within
the RFA and within the City.
12. DISPUTE RESOLUTION.
12.1. Prior to any other action, the Mayor and the RFA Fire Chief shall meet and attempt to
negotiate a resolution to such dispute.
12.2. If the Parties are unable to resolve the dispute through negotiation, either Party may
demand mediation through a process to be mutually agreed to in good faith between
the parties within 30 days. The Parties shall share equally the costs of mediation and
shall be responsible for their own costs in preparation and participation in the
mediation, including expert witness fees and reasonable attorney's fees.
12.3. If a mediation process cannot be agreed upon or if the mediation fails to resolve the
dispute then, within 30 calendar days, either Party may submit the matter to binding
arbitration according to the procedures of the Superior Court Rules for Mandatory
Arbitration, including the Local Mandatory Arbitration Rules of the King County
Superior Court, King County, Washington, as amended, unless the Parties agree in
writing to an alternative dispute resolution process. The arbitration shall be before a
disinterested arbitrator with both parties sharing equally in the cost of the arbitrator.
The location of the arbitration shall be mutually agreed or established by the assigned
Arbitrator, and the laws of Washington shall govern its proceedings. Each Party shall
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be responsible for their own costs in preparing for and participating in the arbitration,
including expert witness fees and reasonable attorney's fees.
12.4. Unless otherwise agreed in writing, this dispute resolution process shall be the sole,
exclusive, and final remedy for either Party for any dispute regarding this Agreement;
and its interpretation, application, or breach; regardless of whether the dispute is based
in contract, tort, any violation of federal law, state statute, or local ordinance; or for
any breach of administrative rule or regulation; and regardless of the amount or type
of relief demanded.
13. IMPACT FEES AND STATE ENVIRONMENTAL PROTECTION ACT (SEPA)
MITIGATION. The City, under certain circumstances, can impose impact fees pursuant to
chapter 16.26 of the Tukwila Municipal Code and/or require actions of mitigation which may
have an impact upon fire protection for development or other activities within the City. Prior
to the issuance of a SEPA threshold determination for an annexation, development, or other
activity within the City which: (i) may materially increase the cost of providing the
administrative and operational services specified herein; and for which the City may charge an
impact fee and/or require mitigation, the City and the RFA shall meet and discuss the impact
on the services provided under this Agreement to determine the appropriate impact fee or
mitigation plan. Should the City impose such fees, the fees shall be placed into a special reserve
account maintained by the City until: (a) they are expended on mitigation; (b) a replacement
or subsequent agreement for the provision of services is entered into by and between the RFA
and the City, or (c) until termination of this Agreement. In the event this Agreement is
terminated and a subsequent agreement for the provision of services is not entered into within
one hundred and eighty (180) days of the termination, such funds remaining in the special
reserve account shall be transferred to the appropriate City account. Final authority to impose
impact fees for fire shall remain with the City.
14. MISCELLANEOUS PROVISIONS.
14.1. Non -Exclusive Agreement. The Parties to this Agreement shall not be precluded from
entering into similar agreements with other municipal corporations.
14.2. Service Limitation. The Services provided under this Agreement represent an
extension and expansion of services the RFA owes to the public in general. Neither
Party intends to create a special relationship or duty to the other Party or to the public
served by either Party.
14.3. Survivability. The following Sections shall survive the termination of this Agreement:
Section 9 (Indemnification & Hold Harmless) and Section 10 (Insurance).
14.4. 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.
14.5. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
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14.6. 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.
14.7. 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.
14.8. 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.
14.9. 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 altering in any manner this Agreement. All of
the Exhibits are hereby made part of this Agreement.
14.10. 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.
14.11. Interpretation. Any rule of construction to the effect that ambiguities are to be
resolved against the drafting Party shall not apply in interpreting this Agreement. The
language in this Agreement shall be interpreted as to its fair meaning and not strictly
for or against any Party.
14.12. 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.
14.13. Benefits. This Agreement is entered into for the benefit of the parties to this Agreement
only and shall confer no benefits, direct or implied, on any third persons.
14.14. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall constitute an original, and all of which shall together constitute this one
Agreement.
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The Parties below execute this Agreement, which shall become effective on January1, 2023
("Effective Date").
RFA: CITY:
Puget Sound Fire Department City of Tukwila:
Regional Fire Authority:
By: By:
Print Name: Print Name:
Its
DATE:
Its
DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Attn: Fire Chief
24611 116th Ave. S.E.
Kent, WA 98030
Attn: City of Tukwila Mayor
6200 Southcenter Blvd.
Tukwila, WA 98188
APPROVED AS TO FORM: APPROVED AS TO FORM:
Brian Snure,
Attorney for RFA
Kari Sand,
City Attorney
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EXHIBIT A
PAYMENT FOR SERVICES
1. Operations Salary & Benefits: The City will pay to the RFA in 2023, $10,069,315.80,
for Operations Labor costs. The Operations Salaries listed in Table 1 (A) through (F)
(below) will be established based on the Collective Bargaining Agreement (CBA)
between the RFA and IAFF Local 1747. For purposes of this Agreement, the total
number of fire fighters required to meet the minimum staffing level is 55.47 Full Time
Employees (FTEs).
Actual labor costs will include the fully burdened rate based on actual wages (including
overtime) and benefits. The labor costs will be established based on budgeted labor costs
for the subsequent calendar year by August 1st and such budgeted amount will then be
reconciled to the actual costs by no later than February 15th of the year following the
contract year. Example: By August 1, 2023, the RFA will establish a budgeted labor cost
for calendar year 2024. The City will pay this amount for services rendered in 2024. The
RFA will then reconcile the budgeted amount to the actual cost and provide the City with
a reconciliation for 2024 no later than February 15, 2025.
2. Admin Salary & Benefits: The City will pay to the RFA in 2023, $2,614,589.83. The
Admin Salary and Benefits listed in Table 1 (a.) through (n.) (below) will be established
based on budgeted costs for the subsequent calendar year by August 1st and such
budgeted amount will then be reconciled to the actual costs by no later than February 15th
of the year following the contract year. On January 1st of each year subsequent to 2023,
the cost will be adjusted by 100% of the Seattle/Tacoma/Bellevue CPI -W percentage
increase for the period of June -to -June.
3. Goods & Services: The City will pay to the RFA in 2023, $1,531,728.33. The Recurring
Costs listed in Table 1 (1) through (15) (below) will be established based on budgeted
costs for the subsequent calendar year by August 1st and such budgeted amount will then
be reconciled to the actual costs by no later than February 15th of the year following the
contract year.
Exhibit A -1
55
Exhibit A - 2
56
TABLE 1
Category Basis Cost
Cost Rationale
Percentage
a.
Amin Salaries
Admin 1,735,463.01
$ 242,469.39 # of Personnel (Ops + CRR)
13.97%
b.
Anon Salaries
Human Resources 1,266,353.98
$ 176,928.05 # of Personnel (Ops + CRR)
13.97%
c.
Amin Salaries
Finance 1,068,254.50
$ 149,250.67
# of Personnel (Ops + CRR)
13.97%
d.
Amin Salaries
CARES 989,180.09
$ 200,000.00
Projected Low Acuity Calls
Actual Cost
e.
Amin Salaries
Logistics 742,486.90
$ 103,736.20 # of Personnel (Ops + CRR)
13.97%
E
Amin Salaries
Performance Measurement 860,519.15
$ 191,226.48
Planning Zones
22.22%
g.
Amin Salaries
Training
948,106.96
$ -
Paid in Cost Per Member
Actual Cost
h.
Amin Salaries
Fleet
3,760,564.71
$ 263,620.00
One FTE (1,446 hours)
Actual Cost
i
Amin Salaries
IT 1,591,198.08
$ 222,313.48
# of Personnel (Ops + CRR)
13.97%
j.
Amin Salaries
Facilities 715,609.44
$ 124,453.82
# of Facilities
17.39%
k.
Amin Salaries
CRR - Administration 535,559.40
$ 126,013.98
# of Personnel in CRR
23.53%
1.
Amin Salaries
CRR - Prevention & FIU 689,262.73
$ 689,262.73
2 Capts, 2 FFs (BC -Capt -Capt -FF)
Actual Cost
m.
Amin Salaries
CRR - EM
$ -
No Services
n.
Amin Salaries
CRR - Pub Ed/ PIO 701,244.72
$ 125,315.03 # of Personnel (Ops only)
17.87%
$ 2,614,589.83
1
Goods & Services
Admin 604,381.46
$ 84,440.87 # of Personnel (Ops + CRR)
13.97%
2
Goods & Services
Human Resources 173,508.18
$ 24,241.61
# of Personnel (Ops + CRR)
13.97%
3
Goods & Services
Finance 113,883.93
$ 15,911.24
# of Personnel (Ops + CRR)
13.97%
4
Goods & Services
Info Tech 1,117,904.45
$ 156,187.49
# of Personnel (Ops + CRR)
13.97%
5
Goods & Services
IT Licensing
$ 51,000.00
Broadband, Telestalt ESO, 365
Actual Cost
6
Goods & Services
CARES 60,516.63
$ -
Actual Cost
7
Goods & Services
Logistics 300,479.60
$ 41,981.37 # of Personnel (Ops + CRR)
13.97%
8
Goods & Services
Planning 130,680.74
$ 29,040.16 Planning Zones (# of Stations)
22.22%
9
Goods & Services
Training 848,516.77
$ 261,965.33 # of Ops Personnel at $5,100 each
Actual Cost
10
Goods & Services
Fleet 2,240,862.29
$ 100,000.00 Estimate for Parts
Actual Cost
11
Goods & Services
Dispatch
265,980.00
$ 353,408.58
# of Calls at 49.98 each
Actual Cost
12
Goods & Services
Operations
936,658.55
$ 167,384.35
# of Personnel (Ops only)
17.87%
13
Goods & Services
Facilities 3,705,850.69
$ 200,000.00
Estimate for 4 Fire Stations
Actual Cost
14
Goods & Services
CRR - Prevention 163,434.86
$ 38,455.26
# of Personnel (CRR only)
23.53%
15
Goods & Services
CRR - Pub Ed, PIO, CR 43,155.64
$ 7,712.07 # of Personnel (Ops only)
17.87%
$ 1,531,728.33
A
Operations Salaries
District Chief 218,749.99
$ 174,999.99 Per Station Captains
20.00%
B
Operations Salaries
Battalion Chiefs 210,177.51
$ 560,473.35 Per Station Captains
66.66%
C
Operations Salaries
Captains 179,459.42
$ 2,871,350.77
Actual Costs (CBA)
16
D
Operations Salaries
Engineers 165,171.94
$ 3,303,438.85
Actual Costs (CBA)
20
E
Operations Salaries
Fire Fighters 159,218.83
$ 1,910,625.91 Actual Costs (CBA)
12
F
Operations Salaries
Overtime Exposure
$ 1,248,426.93 Average OT per Fire Fighter
$ 24,257.00
Contract Cost
$ 10,069,315.80
TOTAL COSTS
$ 14,215,633.96
Exhibit A - 2
56
EXHIBIT B
Community Risk Reduction (CRR)
1. Community Risk Reduction (CRR) Administration Services Provided to City - The
RFA will provide the following Fire Prevention Administration Services to the City:
a. Manage and supervise CRR Division personnel.
b. Administer CRR Division programs and activities to include inspections, plan
review, code enforcement, fire investigations, public education, assessment and
collection of fees, and document management.
c. Creation and adoption of policies, procedures, rules, and regulations to clarify the
application of the codes.
d. Creation and development of forms, letters, and other documents to assist in the
application of codes and code compliance.
e. Interpretations of fire codes.
f. Approve materials, equipment, and devices used in construction, and the methods
of construction to the extent that approval is authorized by applicable codes.
g. Provide for public access to the Fire and Life Safety Division.
h. Perform Accounting and payroll functions to include invoicing and/or billing of
assessed fire code related fees, coordinating the collection of fees with the City's
Finance Department, time -keeping, and completion of payroll documents as
needed.
i. Document management within the CRR Division; to include creating and
maintaining division files, routing of development applications and plans in the
division, preparing and imaging retained documentation, and fulfilling public
record requests.
Permit process activities within the CRR Division; to include the logging and
routing of plans, data entry of new applications, assembling and routing of
completed application packages.
k. Resolve code complaints or inquiries from the public to include data entry, file
creation, and routing of information. Review and sign voluntary correction
agreements.
J•
1. Schedule and conduct fire code enforcement and permit inspections for
developers or contractors and coordinate with the City's Department of
Community Development (DCD) on these inspections as needed.
Exhibit B-1
57
m. Ensure performance of all duties necessary to enforce the fire codes.
n. Evaluate the codes for local adoption and develop local codes or amendments for
consideration by the City. Present to the City Council and committees as
necessary.
o. Perform all other tasks related to the provision of CRR Administration Services.
2. Fire Prevention Code Enforcement Services Provided to City. The RFA will provide
the following Fire Prevention Code Enforcement Services to the City:
a. Initial fire and life safety inspections of new or relocated businesses. Coordinate
with the City's Department of Community Development (DCD) on these
inspections as need.
b. Inspect businesses that are required to have fire code permit(s).
c. Investigate and resolve fire code violation complaints or inquiries, which includes
issuance of appropriate citations after consultation with the City. Coordinate with
the City's Department of Community Development (DCD) on code violations or
complaints. The City will remain responsible for any required judicial
enforcement or collection actions.
d. In conjunction with City Code Enforcement personnel, perform code enforcement
duties related to the fire codes as required by Tukwila Municipal Code Title 16
(Buildings & Construction), which includes issuance of appropriate citations after
consultation with the City.
e. Conduct special inspections required by outside agencies such as Department of
Corrections, Department of Early Learning, Department of Social and Health
Services, and private insurance companies.
f. Review and approval of fire safety, emergency evacuation, lockdown, shelter -in-
place, and hazardous materials management plans.
Attend and provide testimony and exhibits at Code Enforcement Hearings before
the City's Hearings Examiner, and upon appeal, if any, to court.
h. Perform all other tasks related to providing Fire Prevention Code Enforcement
Services.
g.
3. Fire Prevention Development Services Provided to City. The RFA will provide the
following Fire Prevention Development Services to the City:
a. Management of the Knox/Supra rapid entry program.
Exhibit B- 2
58
b. Provide development review program services to include answering project
inquiries, attending meetings, reviewing plans for code compliance, and
approving plans. Complete development review processes in accordance with the
City's time frames and through close coordination the Director of the City's
Department of Community Development (DCD) and other City departments.
c. Provide development inspection program services to include pre -construction
meetings, inspections, troubleshooting fire protection systems, final acceptance
tests, field review of basic permits, and coordination with the Department of
Community Development (DCD) for the issuance of Certificates of Occupancy.
d. Provide business and economic development support activities to include research
of properties, systems and code requirements for potential projects and existing
buildings.
e. Approve of hydrant placement on public and private projects.
f. Approve of Addressing on public and private projects.
g.
Perform Hydrant flows to verify available water supply, if allowed by the local
water purveyor.
h. Provide and oversee false alarm reduction program activities to include next day
follow-up of false alarms and coordination with property owner/agent on repairs
or troubleshooting, the identification of next steps for problematic systems, and
the issuance of fines for false alarms consistent with TMC Section 8.08.040.
i. Provide and oversee fire protection system confidence test program activities to
include evaluation of confidence tests provided by third parties, issuing correction
notices and or notices of violation, drafting voluntary correction agreements and
field inspections.
Provide and oversee activities to include customer service, answering phone calls,
and meeting with customers and members of the public. Maintain a weekly
scheduled presence within the City's Department of Community Development
(DCD) as agreed between both parties.
k. Perform all other tasks related to providing Fire Prevention Development
Services. Provide fire prevention development services when City staff are
unavailable or unable to provide these services.
1. Provide fire and life safety inspection activities to include business license
inspections for new and relocated businesses, annual permitted occupancy
inspections with corresponding reports to Department of Community
Development (DCD) identifying structures with compliance issues, deficiencies,
changes in use or alterations. Work directly with DCD in pursuing further actions
to address the identified issues. City will remain responsible for code enforcement
actions, however the RFA will issue appropriate citations after consultation with
Exhibit B- 3
59
the City. The City will remain responsible for any required judicial
enforcement or collection actions.
4. Fire Prevention Services Staff Dedicated to City. The RFA will assign staff for the
provision of Fire Prevention Services to the City as needed to meet the workload
described in this exhibit. The City is providing two (2) Fire Fighter positions, and two (2)
Captains positions to the FMO to supplement the existing staff.
5. Timeline of Work Provided. All work performed by the Fire Prevention Division will
be performed pursuant to and within the timelines required of the codes, policies, and
procedures of the City, and any state or federal aws applicable to the performance of that
work.
6. Fire Marshal/Fire Code Official Reports to Mayor. The Fire Marshal/Fire Code
Official will provide reports to the Mayor (or designee) as requested. While the Fire
Chief will have the authority to direct the work of the employees providing Fire
Prevention Services, the Mayor (or designee), will have authority to set the desired
outcomes of the Fire Prevention staff.
7. 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 will be the
sole property of the City and payable to the City. The RFA will establish a standard
procedure for the charging and collection of fees and charges as directed by the City's
Finance Department, and will immediately transmit all such money collected to the City.
Exhibit B- 4
60
EXHIBIT C
PUBLIC EDUCATION
1. Public Education Services Provided to the City - The RFA will provide the following
Public Education services to the City:
a. Support and participation in City events, such as Festivals, Back to School Fair,
Open house events, and National Night Out.
b. Fire Safety classes in each of the City's elementary, middle, and high schools,
when permitted by the schools.
c. Support and participation in providing tours of the fire stations.
d. Provide CPR and First Aid classes.
e. Support and participation in a bicycle and life jacket program.
f. Support and participation in smoke detector program.
g. Public Information Officer (PIO) at emergency scenes as needed.
h. Provide live fire demonstrations for special events.
i. In coordination with the Fire Investigation unit (FIU), provide intervention and
counseling of juvenile fire setters.
Exhibit C -1
61
62
EXHIBIT D
FIRE INVESTIGATION UNIT (FIU)
The Fire Investigation Unit (FIU) is currently staffed with both of Tukwila and RFA certified
fire investigators under a separate Interlocal Agreement. This Agreement shall replace the
existing Fire Investigations Interlocal Agreement in its entirety.
1. The RFA will provide origin/cause fire investigations to the City including but not
limited to 24/7 standby fire investigation coverage.
2. The City will provide law enforcement support to the RFA as needed to assist with the
investigation of incendiary fires in Tukwila.
3. Fire Investigators may work out of Tukwila facilities as necessary to promote efficiency
of the FIU's time and the needs of the City's and RFA's service areas.
4. The FIU will investigate fires throughout the RFA's service area. All investigation
service priorities will be equitable between the City and the RFA.
5. All FIU investigators will share in the associated standby burden.
6. The FIU will provide a monthly report, in a format mutually agreeable to both the City
and the RFA, of all fire investigations performed, including but not limited to the status
and disposition of each fire investigation.
Exhibit D -1
63
64
EXHIBIT E
EMERGENCY MANAGEMENT SERVICES
1. Emergency Management Services Staff Dedicated to City: The RFA will support as
needed to assist the City of Tukwila Emergency Manager with the following Emergency
Management Services:
a. Compliance issues:
i. Work with City Administration and departments to maintain a current
Comprehensive Emergency Management Plan (CEMP) and to ensure that
the most current Tukwila CEMP is on file with Washington Emergency
Management Division (WA EMD).
ii. Work with City Administration and departments to develop and maintain
current Continuity of Operations Plans (COOP) endorsed and promulgated
by the City Council.
iii. Manage and continue application on a fiscal calendar for Emergency
Management Performance Grant (EMPG) funds through WA EMD.
iv. Monitor, manage and ensure that all City of Tukwila permanent
employees are compliant with the current National Incident Management
System (NIMS) Incident Command System (ICS) requirements.
Exhibit E -1
65
66
EXHIBIT F
INFORMATION TECHNOLGY
Consistent with Section 3.7, the City shall provide to the RFA its existing Information Technology
equipment identified as follows:
1. WiFi Access Points — Eight (8) RUKUS access points
2. Phone System — Fifteen (15) IP 480s & Five (5) IP 420s
3. Desktop Computers — Fifteen NUC workstations
4. Mobile Data Computers (MDCs) — Nine (9) ruggedized units
5. Mobile Routers — Nine (9) 5G routers
6. Cellular Phones — Fifteen (15) iPhones
7. Mobile Laptop Computers — Six (6) Laptop Computers
Exhibit F -1
67
68
EXHIBIT G
REAL PROPERTY (FIRE STATIONS)
Fire Station 51— 17951 Southcenter Parkway, Tukwila, Washington, 98188
Parcel No. 352304-9008
Legal Description: 4202NEW PARCEL "C" DESCRIBED AND DELINEATED IN CITY OF
TUKWILA BOUNDARY LINE ADJUSTMENT NO L 13-005 RECORDING NO
20130227900005 (BEING A PORTION OF NE QTR NW QTR STR 35-23-04); TGW
ADJOINING PORTION OF N HALF OF S 178TH ST VACATED BY CITY OF TUKWILA
ORDINANCE NO 2400 RECORDING NO 20160120000736; TGW ADJOINING PORTION
OF SOUTHCENTER PARKWAY VACATED BY CITY OF TUKWILA ORDINANCE NO
2240
Fire Station 52 — 15477 65th Ave South, Tukwila, Washington, 98188
Parcel No. 359700-0320
Legal Description: INTERURBAN ADD TO SEATTLE LOT 17 LESS PORTION LY NLY
OF FOLLOWING DESCRIBED LINE - BEGIN SW CORNER OF LOT 17 TH NORTH 210
FEET TH N 89-47-00 E TO WLY MARGIN OF 65 TH AVE S LESS POR DAF - POR OF
LOT 17 DAF - BAAP OF C/L OF RENTON-THREE TREE PT NO 2649 & W LN OF SEC 23-
23-04 SD PT BEING ENG STA 135+29.92 FR WCH SW COR OF SD SEC 23 BEARS S 0-11-
42 E 2044.06 FT TH S 84-51-48 E 1647.24 FT TH ON A CRV TO RGT HAVING A RAD OF
955.37 FT 360 FT TH S 63-15-48 E 359.18 FT TH ON A CRV TO LFT RAD OF 5729.65 FT
370 FT TH S 66-57-48 E 1162.53 FT TH ON A CRV TO LFT HAVING A RAD OF 716.34 FT
442.40 FT TH N 77-38-42 E 201.68 FT TH LEAVING SD C/L OF SD RD & RUNNING N 00-
14-00 E 272.03 FT TH S 00-14-00 W 87.94 FT M/L TO NWLY MGN OF VAC MACADAM
RD TH S 49-00-00 W ALG SD NWLY MGN 106.38 FT TH N 00-14-00 E 312.55 FT M/L TO
S LN OF LOT 17 IN SD PLAT & TPOB TH CONT N 00-14-00 E 150 FT TH S 88-24-47 E
PLW NLY LN OF SD LOT 17 170 FT M/L TO SWLY MGN OF 65TH AVE S TH SELY ALG
SD MGN TO SE COR OF SD LOT 17 TH N 89-09-00 W ALG S LN OF LOT 17 TO TPOB
LESS POR LYINING WITHIN M. W. ADD LESS RD
Fire Station 53 — 4202 South 115th Street, Tukwila, Washington, 98168
Parcel No. 335140-0825
Legal Description: HILLMANS CD MEADOW GARDENS #3 LOTS 1 THRU 15 BLOCK 26
TGW LOTS 1 THRU 12 BLOCK 27 TGW LOTS 1 THRU 15 BLOCK 28 TGW
Exhibit G -1
69
UNIMPROVED AND VACATED SOUTH 114TH STREET AND SOUTH 115TH STREET -
TUKWILA ORDINANCE NO 1750 EFFECTIVE DATE AUGUST 20, 1995
Fire Station 54 — 4237 South 144th Street, Tukwila, Washington, 98168
Parcel No. 004000-0365
Legal Description: ADAMS HOME TRS LESS CO RD
Exhibit G -2
70
EXHIBIT H
GEAR
The following Fire Fighting Equipment and Gear, will be transferred to the RFA:
1. Self Contained Breathing Apparatus (SCBA) — 47 MSA G1 Packs, 100 MSA G1 Face
Masks.
MODEL: MSA G1
47 - SCBAs
100 - Masks
MODEL: G1 Face Masks
75 Medium
1
E0040150870AD321
25
E0040150870B18D9
2
E0040150870AD334
26
E0040150870B1A0B
3
E0040150870ADDE5
27
E0040150870B1CA3
4
E0040150870AEAC •
28
E0040150870B1D85
5
E0040150870AEC06
29
E0040150870B1D92
6
E0040150870AECOA
30
E0040150870B2009
7
E0040150870AECOB
31
E0040150870B2126
8
E0040150870AF0D2
32
E0040150870B212C
9
E0040150870AF526
33
E0040150870B224D
10
E0040150870AF663
34
E0040150870B234A
11
E0040150870AF6E0
35
E0040150870B2424
12
E0040150870AFB2
36
E0040150870B246D
13
E0040150870B03F8
37
E0040150870B2569
14
E0040150870B0815
38
E0040150870B2B22
15
E0040150870B0890
39
E0040150870B2B34
16
E0040150870BODAA
40
E0040150870B34C6
17
E0040150870B0DC9
41
E0040150870B35A7
18
E0040150870B10DB
42
E0040150870B35D4
19
E0040150870B125A
43
E0040150870B3CCA
20
E0040150870B1310
44
E0040150870B3F18
21
E0040150870B13FA
45
E0040150870B49B3
22
E0040150870B15B6
46
E0040150870B5547
23
24
E0040150870B16DE
E0040150870B17D5
47
E0040150870B56EE
2. One Hundred and thirteen (113) 45 -minute bottles, twelve (12) 60 -minute bottles, and ten
(10) SABA bottles.
Exhibit H -1
71
45 Minute
60 Minute
SABA
1
ACU108861
28
ACU268210
55
ACU268238
82
ACU268266
109
ACU66281
2
ACU 108893
29
ACU268211
56
ACU268239
83
ACU268267
110
ACU66294
3
ACU109043
30
ACU268212
57
ACU268240
84
ACU268268
111
ACU66295
4
ACU109349
31
ACU268214
58
ACU268241
85
ACU268269
112
ACU67061
5
ACU 109479
32
ACU268215
59
ACU268243
86
ACU268270
113
ACU67121
6
ACU 109504
33
ACU268216
60
ACU268244
87
ACU268271
1
AGD12996
7
ACU 109583
34
ACU268217
61
ACU268245
88
ACU268272
2
AGD 13308
8
ACU109900
35
ACU268218
62
ACU268246
89
ACU268273
3
AGD24062
9
ACU142224
36
ACU268219
63
ACU268247
90
ACU268274
4
AGD3672
10
ACU142486
37
ACU268220
64
ACU268248
91
ACU268275
5
AGD3906
11
ACU142569
38
ACU268221
65
ACU268249
92
ACU268277
6
AGD62036
12
ACU142706
39
ACU268222
66
ACU268250
93
ACU268278
7
AGD62037
13
ACU142975
40
ACU268223
67
ACU268251
94
ACU268279
8
AGD62038
14
ACU143041
41
ACU268224
68
ACU268252
95
ACU268280
9
AGD62039
15
ACU 16928
42
ACU268225
69
ACU268253
96
ACU268281
10
AGD62040
16
ACU16929
43
ACU268226
70
ACU268254
97
ACU268282
11
AGD64358
17
ACU16938
44
ACU268227
71
ACU268255
98
ACU275717
12
AGD64414
18
ACU 16943
45
ACU268228
72
ACU268256
99
ACU63391
1
KT9662
19
ACU 16944
46
ACU268229
73
ACU268257
100
ACU64552
2
KT9640
20
ACU268200
47
ACU268230
74
ACU268258
101
ACU64710
3
KT9634
21
ACU268201
48
ACU268231
75
ACU268259
102
ACU64719
4
KT9619
22
ACU268202
49
ACU268232
76
ACU268260
103
ACU64727
5
KT14716
23
ACU268204
50
ACU268233
77
ACU268261
104
ACU64747
6
KT14700
24
ACU268205
51
ACU268234
78
ACU268262
105
ACU64787
7
KT14695
25
ACU268206
52
ACU268235
79
ACU268263
106
ACU64788
8
KT14694
26
ACU268207
53
ACU268236
80
ACU268264
107
ACU66272
9
KT14690
27
ACU268209
54
ACU268237
81
ACU268265
108
ACU66275
10
KT 14685
3. Bunker Gear — 96 sets of firefighting gear, gloves, boots, hoods, coats, pants, and
suspenders.
4. Five (5) LifePak 15 defibrillators, Fifteen (15) LP15 batteries, and Four (4) LP15
Charging stations.
5. Five (5) Bullard EXT Thermal Imaging Cameras.
6. Tools — Hydraulic Rescue Tools, hand tools, specialty tools.
7. EMS gear — Backboards, suction machines, backboards, etc.
8. Fire Fighting Hose, appliances, and brass.
9. Portable Radios, Mobile Radios, and Base Radios.
Exhibit H - 2
72
EXHIBIT I
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.
(ii) All City Records actually received by the RFA pursuant to this Interlocal
Agreement as part of a Transfer of Custody Agreement.
(b) City records ("City Records") shall include:
(i) All records of the Tukwila Fire Department prepared, owned, used, or retained
by the City related to the performance and operation of the Tukwila Fire
Department for all periods prior to January 1, 2023 that remain in the custody of
the City.
(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.
(c) The Parties recognize that physical custody of RFA Records or City Records may not
be determinative of whether the records are RFA Records or City Records, and the Parties shall
work cooperatively in responding to requests for records pursuant to subpoena or pursuant to the
Washington State Public Records Act (chapter 42.56 RCW).
1.2. Records Custodian. Except as provided below, the RFA will be the primary records
custodian of all RFA Records. The City will be the primary custodian of all City Records. On or
after January 1, 2023, the City shall transfer custody of personnel, training vehicle maintenance
and other Tukwila Fire Department records requested by the RFA.
1.3 Records Retention. Both parties shall be responsible for compliance with all legal
requirements relating to public records in their physical custody (paper or electronic) including,
but not limited to; records retention and destruction, in accordance with applicable records
retention requirements, including chapters 40.14 RCW (Preservation and Destruction of Public
Records) and 42.56 RCW (Public Records Act).
1.4. Requests for Records. The Parties recognize that some City Records may be in the custody
of the RFA and some RFA Records may be in the custody of the City. The Parties agree to the
following process to provide a method of responding to records requests received through
subpoenas and/or the Public Records Act, or records otherwise requested by the City or the RFA.
The method set forth in this exhibit shall serve only as a guideline and may be altered from time
to time as necessary.
(a) In the event the one party receives a public record request, subpoena, or other request
for that party's records in the custody of the other party, the following process may be
followed:
(i) Except as otherwise provided below, the party receiving the request
("Receiving Party") will advise the other party in writing that the request has been
Exhibit I -1
73
received. The other party will respond to the Receiving Party within a reasonable
time frame to allow the Receiving Party to prepare a response to the requestor
prior to the end of five (5) business days, either with the records, or a reasonable
estimate of the time necessary to provide the Receiving Party with the records.
(ii) The other party will provide copies, at its sole cost and expense, except
as provided in Section 1.5 herein, directly to the Receiving Party. For responsive
records that exist only in paper form, the other party shall scan reasonable
quantities (up to 100 pages), at the discretion of the other party, and make those
available to the Receiving Party via a file transfer protocol (FTP) site. For
requests with a large volume of paper records, the Receiving Party shall be
responsible for picking up the paper records from the other party. RFA staff may
be required to provide assistance and input as to the location of paper records that
remained in the City's physical custody after December 31, 2022. In the event the
Receiving Party receives payment for the copies the Receiving Party shall
forward such payment to the other party.
(iii) Regardless of who is the "Receiving Party," responsibility for
providing records in response to requests received through subpoenas and/or the
Public Records Act that may require records stored in multiple City departments,
as well as Fire -related records, shall be shared between both parties and handled
as follows:
The City shall be responsible for providing responsive records from City
departments—except Fire -related records—directly to the requestor. Examples:
Building permits, Certificates of Occupancy, Notices of Violation (except Fire
codes), Public Works permits.
The RFA shall be responsible for providing responsive records directly to
the requestor that are Fire -related records. Examples: Violations of Fire codes,
underground/aboveground storage tank information, life safety permits and plans.
(iv) The Receiving Party will remain responsible for communicating with
the records requestor in compliance with all legal obligations based on the above
processes. The Parties shall jointly work to determine which records are to be
disclosed to the requesting party and, if the request was submitted under the
Public Records Act, which records are exempt from disclosure. Each party
providing records to a requestor based on the above processes shall be responsible
for obtaining review by Legal and assigning redaction(s) as needed and providing
an exemption log.
(v) It shall be the responsibility of the Receiving Party, and at the expense
of the Receiving Party, 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 Receiving Party records in the sole custody of
the OTHER PARTY that were not provided to the Receiving Party by the
OTHER PARTY, then the OTHER PARTY 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 Receiving Party and the OTHER PARTY fail to produce all records, they
Exhibit I - 2
74
will cooperate in defense and each party will pay all its legal costs and attorneys'
fees.
1.5. Digitized Records. Any records that have been digitized and are available on either party's
public -facing website shall be searched and provided (with training as needed from the other
party) by the Receiving Party in response to a subpoena or records request, or as needed for
continuity of operations. The PSRFA shall continue to work collaboratively with the City to
complete the digitization process for Fire records that were not completed prior to December 31,
2022.
Records for which digitization
is planned by end of 2022:
HazMat Incident Reports
"Business Files," which contain:
- Correspondence with businesses
- Fire watch forms and confidence testing
- Inspections
- Code violations/Notice of Violation
- Some operational permits (e.g., temporary tent)
Residential records
Underground and Aboveground Storage Tanks
Permits / Plans (life safety systems)
Southcenter Mall records
Exhibit I - 3
Paper records for which
no digitization is planned:
Fire Investigations [sensitive content]*
Incident Reports [sensitive content]**
Training records prior to joining SKCFTC***
Administrative records
Emergency management [Tukwila Police Dept.)
* ILA with PSRFA FIU signed 3.16.2022
** Medical Incidents = August 2017;
Fire Incidents = March 31, 2021
Joined SKCFTC for training in 2014
***
75
76
EXHIBIT J
EMPLOYEES
Rank
Seniority
Last Name
First Name
Date of Hire Rank
Seniority
Last Name
First Name
Date of Hire
Battalion Chief
1
Waller
Jack
5/16/1989 Engineer
32
Keller
Levi
3/27/2014
Captain
2
Rodal
Bill
7/17/1989 Engineer
33
Faire
Brody
8/18/2014
Captain
3
Custer
Kory
8/19/1991 Engineer
34
Doctor
Matt
1/5/2015
Engineer
4
Czuleger
Matt
10/1/1992 Engineer
35
Quinn
Andrew
3/25/2015
Captain
5
Rees
Rich
10/3/1994 Engineer
36
Rasmussen
Ben
3/25/2015
Captain
6
Lucero
Brian
9/15/1995 Captain
37
Upton
Mason
3/25/2015
Engineer
7
McCone
Dan
9/9/1996 Captain
38
Tursi
Jordan
8/17/2015
Captain
8
Morales
Mark
9/9/1996 Engineer
39
Thompson
Daniel
8/17/2015
Engineer
9
Woolley
Chuck
1/12/1998 Captain
40
Dunkley
Eric
10/27/2015
Battalion Chief
10
Konieczka
Jason
4/27/1998 Engineer
41
Paglia
Joseph
8/29/2016
Captain
11
Willis
Brian
7/20/1998 Engineer
42
Tappert
Mike
8/29/2016
Engineer
12
Kim
Brandon
1/4/1999 Engineer
43
Geotsch
Mark
1/3/2017
Battalion Chief
13
Berg
Ryan
4/1/2000 Engineer
44
Murrell
Cory
1/3/2017
Engineer
14
Popejoy
Toby
4/1/2000 Engineer
45
Knutti
Michael
9/1/2018
Engineer
15
Rookstool
Ed
7/20/2000 Engineer
46
Aguilar
Charles
9/1/2018
Captain
16
Nichols
Jeff
11/19/2002 Fire Fighter
47
Goin
Kevin
9/1/2018
Engineer
17
Whitcutt
Roy
2/12/2003 Fire Fighter
48
Miller
Troy
2/1/2019
Captain
18
Evans
Jim
2/9/2004 Fire Fighter
49
Naemura
Wiliam
2/1/2019
Engineer
19
Duly
Brian
6/16/2004 Fire Fighter
50
Smith
Lincoln
1/27/2020
Battalion Chief
20
Nevens
Andy
2/1/2005 Fire Fighter
51
MacMillan
Sean
1/16/2021
Captain
21
Williams
Ben
3/16/2005 Fire Fighter
52
Averre
Justin
8/16/2021
Captain
22
Curl
Joel
9/16/2005 Fire Fighter
53
Turner
Adam
8/16/2021
Captain
23
Johnson
Aaron
2/1/2006 Fire Fighter
54
Hutchinson
Ali
1/24/2022
Captain
24
Browning
Cathy
9/5/2006 Fire Fighter
55
Fink
Aaron
1/24/2022
Captain
25
Smith
Patrick
1/16/2007 Fire Fighter
56
Glen
Patrick
1/24/2022
Captain
26
O'Brien
Patrick
12/17/2007 Recruit
57
Padilla
Josh
1/24/2022
Captain
27
Booth
James
5/4/2009 Recruit
58
Park
Edward
1/24/2022
Captain
28
Perry
Joel
5/17/2010 Fire Fighter
59
White
Seth
1/24/2022
Battalion Chief
29
Kelch
Josh
5/17/2010 Recruit
60
Fifield
Mandy
8/1/2022
Captain
Engineer
30
31
Fink
Hartjoy
Matt
Jeffrey
7/17/2012 Recruit
4/1/2013
61
Morales
Julian
8/1/2022
Exhibit J -1
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78
EXHIBIT K
RETIREMENT MANAGEMENT PLAN (RMP)
Initials of Retiree
Benefit Ends
KB
8/31/2023
WB
9/30/2023
JB
1/31/2025
DT
6/30/2025
CM
2/28/2026
RE
6/30/2029
JS
2/28/2031
Exhibit K -1
79
80
Assignment
Year
Make
EXHIBIT L
FLEET LIST
Model
VIN/BIN
Purchase
Reserve Ladder
2006
Pierce
Aerial
4P1CD01E86A006442
$ 971,676
Primary Engine
2014
Pierce
Velocity
4P1CVO1N1EA014488
$ 685,447
Reserve Engine
2014
Pierce
Velocity
4P1CV01N3EA014489
$ 689,732
Reserve BC Buggy
2016
Ford
F250
1FT7W2B62GEC04693
$ 81,602
Primary Engine
2019
Pierce
Velocity
4P1BAAGF7KA020417
$ 884,729
Primary Ladder
2019
Pierce
Velocity
4P1BCAGF6KA020211
$ 1,558,271
Primary Engine
2019
Pierce
Velocity
4P1BAAGF9KA020418
$ 883,853
Primary BC Buggy
2020
Ford
F250
1FT7W2B64LED97195
$ 87,947
Primary Aid Unit
2021
Dodge
4500
3C7WRLBL6MG692150
$ 286,260.57
Utility
2010
Ford
F550
1FDAW5HROAEA09056
$ 43,259
FMO (FIU)
2017
Ford
F250
1FT7X2A65HEB86030
$ 46,332
Administration
2017
Ford
SUV
1FM5K8AR5HGD67230
$ 53,502
FMO
2017
Ford
SUV
1FM5K8AR7HGD67231
$ 53,586
Administration
2017
Ford
SUV
1FM5K8AR2HGD67184
$ 53,485
Training
2019
Ford
F250
1FT7W2B60KEF81712
$ 62,216
Training
2019
Ford
F250
1FT7W2B62KEF81713
$ 61,893
Administration
2020
Ford
SUV
1FM5K8AW3LGB95701
$ 66,650
Trailer (Rescue)
1978
Homemade
6x12
WA7656402
N/A
Trailer (HazMat)
2000
Avenger
32'
4T6WB3231YM013931
$ 24,562
Utility
2005
Whiteman
Light
4GNLT09135B901770
$ 9,857
Utility
2005
Haulmark
Air
16HPB12235G071972
$ 68,457
Utility
1990
Hyster
Forklift
S/N: B177B02274L
$ 11,892
Trailer
2009
EZ Loader
1ZEAAARC99A168759
$ 3,540
Boat
2010
Woolridge
Alaskan
HIN: WLG20248B010
$ 46,755
Trailer (MCI)
2010
Wells Cargo
8.5x22
1WC200K21A4073652
$ 25,518
Trailer (MCI)
2010
Wells Cargo
8.5x22
1WC200K2XA4073651
$ 25,403
Exhibit L -1
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82
Tukwila Statement of Principle
Fire/EMS Service Contract with Puget Sound Regional Fire Authority
Revised August 8, 2022
The City of Tukwila seeks a short-term service contract with Puget Sound Regional Fire Authority (PSRFA)
as a bridge to voter -approved annexation as recommended by the Future of Fire/EMS Services
Community Advisory Committee and agreed upon by the Tukwila City Council.
Both the City and PSRFA come to the negotiating table in a position of strength. The City seeks a
collaborative partnership with PSRFA recognizing that there are mutual benefits to both agencies from
this partnership.
The service level provided by PSRFA should be the same or better than currently offered by Tukwila Fire
Department, with options to secure enhanced services (expanded fire marshal services, a CARES unit,
and public education programming).
The contract should include commitment to two annexation votes, the first no later than April 2024,
with an annexation effective date no later than August 1, 2024; if the first annexation vote is
unsuccessful, the second annexation vote should be no later than April 2025, with an annexation
effective date no later than August 1, 2025. The City will be responsible for paying the cost of RFA
services between the date of annexation and the end of the calendar year, at a cost not in excess of the
otherwise applicable service contract cost.
In the event the annexation votes are unsuccessful, the City should have the option to either extend the
contract or terminate on not less than one -year's notice.
The contract should address the need to reconstitute the Tukwila Fire Department if the contract is
terminated, including advancing the City's ability to hire a range of employees needed to operate a
Tukwila Fire department, as well as apparatus and equipment needs.
The costs for services should be fair, equitable and reasonable. Recognizing the contract is a short-term
bridge to annexation, reserves and the true -up process need to be clearly evaluated.
The City's fire stations should remain under the ownership of the City, and under a nominal cost to
PSRFA, during the contract.
Work to develop terms of an annexation plan should start immediately after the contract is executed.
A strong effort to educate the community about the contract and the proposed annexation will be
required, engaging both the City, PSRFA and labor.
The contract should acknowledge key principles for the annexation plan, including equitable voting
membership on the PSRFA governing board, and equitable financial contributions in support of the
PSRFA operations.
The City recognizes the need for an ongoing partnership with its fire department labor force in this
transition.
83