HomeMy WebLinkAboutPD08-337 - Supplement - Valley Communications Center - Member Cities Interlocal Cooperation Act - 03/17/2011 T Records Man-agemen't _q
KEN
WAs„,„Gro„ Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Valley Communications and Kent Fire Department RFA
Vendor Number:
]D Edwards Number
Contract Number: P9Q:9 _ 01.3 7
This is assigned by City Clerk's Office
Project Name: Agreement among VCC and KFDRFA and City of Kent
Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Kim Komoto Department: Law
Detail: (i.e. address, location, parcel number, tax id, etc.):
S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
AGREEMENT
among
VALLEY COMMUNICATIONS CENTER
and
KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY
and
THE CITY OF KENT
THIS AGREEMENT among the VALLEY COMMUNICATIONS CENTER ("VCC"),
KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY ("KFDRFA") and the CITY OF
KENT ("City") supplements and amends the rights and obligations between the City
and VCC only as it applies to the Interlocal regarding VCC entered into among the
cities of Auburn, Federal Way, Kent, Renton and Tukwila dated on or about April 17,
2000 and amended on or about February 27, 2008 and again on or about October
4, 2010.
RECITALS
A. On or about April 17, 2000, the cities of Auburn, Federal Way, Kent, Renton
and Tukwila entered into an interlocal agreement that included the City as a
member of VCC, and that amended certain provisions, rights and obligations among
the member cities (the "Valley Communications Center Interlocal").
B. KFDRFA is a new Regional Fire Protection Service Authority, formed pursuant
to Kent City Council Resolution 1820 and subsequent approval by public vote, to
provide fire and emergency medical services (EMS) within its Jurisdictional
boundaries. It is an entirely separate and distinct entity from the City. Section 1 of
the Second Amendment to the Valley Communications Center Interlocal Agreement
addresses the relationship among VCC, the City, and KFDRFA as follows:
The City of Kent may enter into an interlocal agreement with the
KFDRFA for the purposes of providing fire and emergency
medical services dispatch via the City of Kent's membership in
VCC. Upon execution of the Interlocal agreement, the City of
Kent may, at its option and under such terms and conditions as
Kent deems proper, appoint KFDFRA to function as do the other
Member City Fire Departments, for purposes of its
representation on the Operations Board and for purposes of
calculating and remitting payment for dispatch services. VCC
and the KFDFRA shall mutually indemnify one another without
passing that indemnification through the City.
C. Pursuant to the request of the City, at a meeting held on June 18, 2010, the
VCC Administration Board approved by unanimous motion that VCC and KFDRFA
should mutually indemnify each other without passing that obligation through the
City via the indemnification provision established in the VCC Interlocal.
Additionally, this motion also approved and reaffirmed that KFDRFA would be
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charged the same rate per fire/EMS incident that would be charged to member
cities for their fire/EMS incidents. The Valley Communications Center Interlocal
Agreement was amended accordingly, effective October 4, 2010.
NOW, THEREFORE, in consideration of the mutual rights and
obligations established in this agreement, the parties agree as follows:
AGREEMENT
1. PROVISION OF SERVICE. VCC will provide fire and emergency medical
dispatch services to the City and KFDRFA pursuant to the VCC Interlocal, and
the City will also make VCC's services available to KFDRFA pursuant to the
terms of the City/KFDRFA Interlocal Agreement.
_2.-- CALL FOR SERVICE. For purposes of this Agreement, the definition of a call
for service will apply as outlined in Valley Communications Center Standard
Operating Procedure #124, as written or hereafter amended.
3. VCC RESPONSIBILITIES TO KFDRFA. VCC will furnish the following
dispatch services to KFDRFA.
3.1 Receive and accept all emergency, fire, and medical calls from within
the boundaries of areas served by KFDRFA.
3.2 Transmit alarms to KFDRFA and dispatch the equipment according to y
the procedures established by VCC with input from KFDRFA.
3.3 Maintain radio and support communications with KFDRFA from the
time of the initial alarm until conclusion of the emergency and to
provide additional assistance as needed with customary support as
provided by VCC.
3.4 Prepare and forward to KFDRFA a printed record of all emergency calls
for service received, calls transmitted, and vehicles dispatched.
3.5 Record and maintain a record of radio and telephone communications
relating to all emergency incidents as required by the VCC Operations
Board, unless requested by KFDRFA to retain any particular record for
a longer time. VCC shall also make available a copy of the record for
KFDRFA at mutually agreeable times should KFDRFA so desire.
3.6 Provide communication services to process requests for support
assistance from utilities, medical services, police services, and other
services to aid KFDRFA if such assistance should be requested.
3.7 Provide telephone lines and call numbers as agreed upon between the
parties consistent with Section 4.3 below.
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3.8 Pay the cost for telephone line service charges between VCC and any
receiver located in the KFDRFA's boundaries, except as provided in
Section 4.3 below.
3.9 Provide agreed upon services by VCC twenty-four (24) hours per day,
seven (7) days per week, during the term of this agreement.
3.10 Provide KFDRFA with a copy of VCC's standard operating procedural
rules for dispatching.
3.11 Provide access to VCC's F.C.C. licensed radio system resources,
subject to those constraints and restrictions established and imposed
by the VCC Operating Board.
4. KFDRFA RESPONSIBILITIES TO VCC.
4.1 KFDRFA shall provide and maintain written alarm response procedures,
on forms acceptable to VCC, designating equipment to be dispatched
for all alarms within the City.
4.2 KFDRFA shall comply with the standard procedural rules for dispatch
as may be established from time to time by VCC.
4.3 KFDRFA will pay any additional costs incurred by VCC for providing
equipment or services requested by KFDRFA that solely benefit
KFDRFA; provided, however, VCC may at its sole option, elect to pay
for the equipment or service.
4.4 KFDRFA will conform to the standard communications procedures and
apparatus numbering configurations as established by VCC. Apparatus
renumbering will not be concluded without consultation with VCC.
4.5 KFDRFA authorizes the VCC Operations Board the exclusive right to
grant new requests to use VCC licensed fire radio frequencies/talk
groups for member or non-member agencies.
S. FEE FOR SERVICES. For the duration of this agreement, the rate for
fire/EMS calls for service to be paid by KFDRFA shall be the same rate that
the City, as a member city under the VCC Interlocal, would pay for those
calls for service, were the City the direct provider of that service. VCC will
bill KFDRFA directly for these calls, and KFDRFA will pay within thirty (30)
calendar days of the date of VCC's invoice. VCC will have equal rights
against both the City and KFDRFA as are provided by the VCC Interlocal for
failure to make payment under this section.
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Should the KFDRFA Plan be amended to allow the KFDRFA to have
independently elected governing Board Members, the Member City rate for
calls for service paid by KFDRFA shall terminate unless otherwise agreed to
by the VCC Administration Board.
6. OTHER PROGRAMS. VCC is currently, and will in the future, consider other
programs and services not specifically related to dispatch services described
in Section 8. This Agreement does not provide for or otherwise address such
additional programs and services. Such additional programs or services shall
be subject to further negotiations and agreement of the parties.
7. DISPATCH RECORDS. All records and recordings maintained for calls
received from within KFDRFA's boundaries shall not be disclosed to any
person without the consent of KFDRFA, unless a valid public disclosure
request, subpoena or court order requires VCC to disclose such information,
in which case VCC shall immediately notify KFDRFA.
S. INDEMNIFICATION. In its provision of fire and life safety services
through the use of VCC's services of providing fire and emergency medical
dispatch services to KFDRFA, KFDRFA shall have the same rights to
indemnification from VCC as the City would have under the VCC Interlocal.
KFDRFA's right of indemnification will be direct as regards VCC and the City
will not be included unless the City's negligence is asserted in the claim.
In its provision of services to KFDRFA for KFDRFA's fire and life safety
services, VCC shall have the same rights to indemnification from KFDRFA as
VCC would have from the City under the VCC Interlocal. VCC's right of
indemnification will be direct as regards KFDRFA, and the City will not be
included unless the City's negligence is asserted in the claim.
Except as modified in this section, all other rights and obligations pertaining
to indemnification under the VCC Interlocal shall remain in full force and
effect.
The provisions of this section shall survive the termination or expiration of
this agreement.
9. INSURANCE. KFDRFA shall maintain and carry at all times during the
effective period of this Agreement, commercial general liability insurance
against any and all claims which may arise from or in connection with the
activities related to the performance of this agreement by KFDRFA, its
agents, officers, employees or assigns.
KFDRFA shall provide VCC with a certificate of insurance evidencing
commercial general liability insurance written on an occurrence basis with
limits no less than $1,000,000.00 combined single limit per occurrence and
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4
$2,000,000.00 aggregate for personal injury, bodily injury and property
damage.
VCC shall be named as an additional insured on the commercial general
liability insurance policy, and a copy of the endorsement naming VCC as an
additional insured shall be attached to the certificate of insurance. VCC
reserves the right to receive a copy of a certified copy of all required
insurance policies.
Upon request by KFDRFA, VCC will provide KFDRFA a certificate of coverage
evidencing liability coverage provided by its self-insured pool.
If KFDRFA is self-insured for any of the above insurance requirements, a
certificate of self-insurance shall be attached and shall be incorporated by
reference and shall constitute compliance with this section.
10. LIMITATION OF AGREEMENT. This agreement is entered into for the
benefit of the parties to this agreement only. The agreement is not intended
to confer any benefits on any other parties and therefore no other or third
party shall be entitled to rely on the terms of this agreement or anticipate
receipt of any benefit as a result of the performance of this agreement.
11. OPERATIONAL REVIEW PROCEDURE. It is agreed that representatives of
VCC and KFDRFA shall meet periodically, if requested by either party, to
review operations or procedural matters of the VCC Dispatch Center and/or
KFDRFA.
12. E911 PARTICIPATION.
12.1 VCC has entered into an agreement dated May 1, 1984 with King
County, identified as the "KING COUNTY ENHANCED 911
PARTICIPATION AGREEMENT." ("E911 AGREEMENT') VCC is a primary
Public Safety Answering Point ("PSAP"). KFDRFA and VCC agree to
comply with all terms and conditions of the E911 AGREEMENT.
12.2 In the event this agreement is terminated, the party initiating the
termination agrees to pay all costs, if any, associated with relocating,
modifying or transferring any equipment or services provided by the
E911 AGREEMENT (incurred by either VCC or KFDRFA) as the direct
result of the termination. All E911 costs to be charged against the
parties initiating termination shall be itemized and justified by the
other party within six (6) months of receipt of the written notice of
termination. Where termination is by mutual consent, each party of
this agreement shall pay its own resulting costs.
13. VCC EQUIPMENT. All transmitters, consoles, alerting devices, call receiving
equipment, and related facilities located at the VCC Dispatch Center shall be
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purchased, operated, and maintained by VCC, except as provided in Section
4.3 above, and VCC is deemed the sole owner thereof.
14. KFDRFA EQUIPMENT. All transmitters, consoles, alerting devices, and
related facilities located in KFDRFA shall be purchased, operated and
maintained by KFDRFA as required by VCC in order to interconnect to VCC
except as provided in Section 4, and KFDRFA is deemed the sole owner
thereof.
15. RESERVATION OF OPERATIONAL RIGHTS. VCC retains sole authority to
determine the technical operation and equipment needs of the VCC systems.
This is necessary to insure maintenance of VCC's standards and the highest
degree of compatibility and effectiveness among member/user agencies.
16. COORDINATION OF AGREEMENTS. Except as modified by this
agreement, all of the rights, obligations, terms and conditions in the VCC
Interlocal will remain in full force and effect.
17. TERMINATION. This agreement shall remain in effect until the City ceases
to be a member of VCC, the City no longer receives fire protection services
from KFDRFA, or until KFDRFA ceases to exist, or until the KFDRFA Plan is
amended to allow the KFDRFA to have independently elected governing
Board Members, whichever occurs first, unless this Agreement is terminated
by mutual written agreement by VCC, the City, and KFDRFA.
All parties, through their authorized agents, have read and understood this
agreement and intend to be bound by it, and the authorized agents of the City,
KFDRFA, and VCC have signed below. This Agreement shall be effective upon full
execution.
AW
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rt
1
CITY OF KENT KENT FIRE DEPARTMENT
REGIONAL FIRE AUTHORITY
By:
Prin a uzette Cooke By:Its or Print Name: C _
Date Date =Z
signed: signed:
By direction of the City Council By directio of the Board
taken March 2011 Taken 1 `9 t9c) 1
15
Attest: Attest:
int Name/Title: Print Name/Title:
Approved as to Form; Approved as to Form:
,jjAA �alk, � By:
Kenit City Attorney Print Name: Brian Snure
Attorney for Kent Fire Department
Regional Fire Authority
VALLEY COMMUNICATIONS CENTER
By: �-
PriAX --s;sl?751Q
e: Jim ton
Itsnistrati and Chair
Ad 108th Avenue SE
Kent, WA 98030
Date signed March 4, 2011
By direction of the Administration Board
taken on March 4, 2011
Approved as to Form:
By: �xt L
Print N me:Tom Brubaker
Of Counsel to VCC
P\Gvil\Files\Open Fi1es\0247-Va11eyConnGenera1\VCC Kent KFDRFA Service Level AgreementFINAL doc
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