HomeMy WebLinkAboutAD10-162 - Amendment - to Exhibits #5 - Kent Fire Dept. Regional Fire Authority - Division of Services ILA - 01/01/2020 Agreement Routing Form
KEN T For Approvals,Signatures and Records Management
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adccW22373_6_19
2020-2021 AMENDMENT TO EXHIBITS
TO THE
CITY OF KENT & KENT FIRE DEPARTMENT INTERLOCAL AGREEMENT
THIS AGREEMENT AMENDS THE EXHIBITS THAT ARE ADOPTED BY
REFERENCE IN THE INTERLOCAL AGREEMENT FOR THE DIVISION OF
SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY.
The City of Kent (City) and the Kent Fire Department Regional Fire Authority, now
officially referred to as the Puget Sound Regional Fire Authority (hereinafter RFA or
PSRFA) entered an interlocal agreement entitled "Interlocal Agreement for the
Division of Services Resulting from the Formation of the Kent Fire Department
Regional Fire Authority" which was signed by RFA Chair, Debbie Raplee, on
August 4, 2010. The Agreement incorporated a number of exhibits that detail the
manner in which work is performed by the RFA for the City and by the City for the
RFA. The interlocal agreement was amended by the parties in March 2011 and
January 1, 2015. The exhibits were amended in 2011, 2012, 2014, 2016, 2017 and
2019.
Pursuant to Section XIV of the Agreement, a Committee consisting of the Mayor of
the City and Chief of the RFA or their designees may amend the exhibits upon mutual
agreement of the Committee. The Committee has determined that amendments to
the exhibits are necessary as the City no longer provides IT services to the RFA;
therefore, Exhibit F is no longer applicable and shall be removed from the Agreement
in its entirety.
This 2020-2021 Amendment to Exhibits, removing Exhibit F, shall take effect
January 1, 2020. All other prior amendments, and all terms and conditions contained
therein not inconsistent with this amendment, shall remain in full force and effect for
the period of January 1, 2020 through December 31, 2021 unless further amended
by the parties at an earlier date.
RFA CITY
Puget Sound Regional City of Kent
Fire Authority
/r
By. / � � ,� By:
Print ame: �A /��CA�vt� Print Name: elc bCaoy
Fire Chief Chief Administrative Officer
DATE: " �� 20 DATE: TI-Lz
Page 1 of 1
EXHIBIT A
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE PUGET SOUND REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
RECORDS MANAGEMENT
1.1 Record Ownership.
a. RFA records ("RFA Records") shall include:
i. All records prepared, owned, used, or retained by the RFA
related to the performance of its statutory and contractual duties on or after July 1,
2010.
ii. All City Records actually received by the RFA pursuant to
the RFA Plan or the interlocal agreement.
b. City records ("City Records") shall include:
i. All records of the Kent Fire Department prepared, owned,
used, or retained by the City related to the performance and operation of the Kent
Fire Department for all periods prior to July 1, 2010.
ii. All records prepared, owned, used, or retained by the City
in relation to Fire Prevention, Fire Investigations, and Emergency Management
Services provided by the RFA to the City subsequent to July 1, 2010.
iii. All records prepared, owned, used, or retained by the City
related to the City's continuing obligations or services as specified in the RFA Plan or
by interlocal agreement with the RFA.
C. The parties recognize that physical custody of RFA Records or City
Records is not determinative of whether the records are RFA Records or City Records
and the parties shall work cooperatively in responding to requests for records made
pursuant to the rules of subpoena or pursuant to the Washington State Public Records
Act.
1.2 Records Custodian. Except as provided below, the RFA will be the
primary custodian of all RFA Records. The City will be the primary custodian of all
City Records. The City shall transfer to the RFA the following City Records which,
upon receipt by the RFA, shall also be considered RFA Records:
EXHIBIT A - RECORDS MANAGEMENT
Page 1
a. Personnel Files of all employees transferred from the City to the
RFA.
b. Civil service files of all civil service employees transferred from
the City to the RFA.
C. Any other City Records identified in the future that both the City
and the RFA agree should be in the custody of the RFA.
1.3 Cost of Transfer. The costs of transferring records shall be shared
equally by the RFA and the City. Each party shall be responsible for costs of its own
personnel required to transfer the records.
1.4 Requests for Records. The parties recognize that some City Records will
be in the custody of the RFA and some RFA Records will be in the custody of the City.
The parties establish the processes set forth in Sections 1.5 and 1.6 to provide a
method of responding to records requests received through subpoenas and the Public
Records Act, or records otherwise requested by the City or the RFA. The method set
forth in this Exhibit A shall serve only as a guideline, and may be altered from time
to time as necessary.
1.5 Requests for City Records in the Custody of RFA and Directed to or
Received by the City. In the event the City receives a public records request,
subpoena, or other request for City Records that are in the custody of the RFA, the
following process shall be followed:
a. The City will advise the RFA in writing that the request has been
received. The RFA will have five (5) business days to respond to
the City with the records or a reasonable estimate of the time
necessary to provide the City with the records.
b. The RFA will provide copies, at its sole cost and expense and in
the form requested by the City, directly to the City.
C. The City will remain responsible for communicating with the
requester in compliance with all legal obligations. The City and
the RFA shall jointly work to determine which records are to be
disclosed to the requestor, and if the request was submitted
under the Public Records Act, which records are exempt from
disclosure.
d. It shall be the responsibility of the City, and at the expense of the
City, to defend any claim or lawsuit for a violation of the Public
Records Act or laws relating to a subpoena, and pay any
damages, fees, costs, or settlements relating to such claim or
lawsuit; provided, that in the event the claim or lawsuit relates in
any manner to City records in the sole custody of the RFA that
were not provided to the City by the RFA, then the RFA shall
EXHIBIT A - RECORDS MANAGEMENT
Page 2
defend such claim or lawsuit and pay any damages, fees, costs,
or settlements relating to such claim or lawsuit. The City and the
RFA agree to cooperate fully in the defense of any such claim or
lawsuit. If both the City and the RFA fail to produce all records,
they will cooperate in defense and each party will pay all its own
legal costs and attorneys' fees.
1.6 Requests for RFA Records in the Custody of the City and Directed to or
Received by the RFA. In the event the RFA receives a public records request,
subpoena, or other request for RFA Records in the custody of the City, the following
process shall be followed:
a. The RFA will advise the City in writing that the request has been
received. The City will have five (5) business days to respond to
the RFA with the records or a reasonable estimate of the time
necessary to provide the RFA with the records.
b. The City will provide copies, at its sole cost and expense and in
the form requested by the RFA, directly to the RFA.
C. The RFA will remain responsible for communicating with the
requester in compliance with all legal obligations. The City and
the RFA shall jointly work to determine which records are to be
disclosed to the requester, and if the request was submitted
under the Public Records Act, which records are exempt from
disclosure.
d. It shall be the responsibility of the RFA, and at the expense of the
RFA, to defend any claim or lawsuit for a violation of the Public
Records Act or laws relating to a subpoena, and pay any
damages, fees, costs, or settlements relating to such claim or
lawsuit; provided, that in the event the claim or lawsuit relates in
any manner to RFA Records in the sole custody of the City that
were not provided to the RFA by the City, then the City shall
defend such claim or lawsuit and pay any damages, fees, costs,
or settlements relating to such claim or lawsuit. The parties agree
to cooperate fully in the defense of any such claim or lawsuit. If
both the RFA and the City fail to produce all records, they will
cooperate in defense and each party will pay all its legal costs and
attorneys' fees.
EXHIBIT A - RECORDS MANAGEMENT
Page 3
EXHIBIT B
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE PUGET SOUND REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
FIRE PREVENTION SERVICES
1.1 City Appointment of Fire Chief and Fire Marshal/Fire Code Official. For
the purpose of enforcement of federal, state, and City laws relating to Fire Prevention
Services, including but not limited to the International Fire Code (hereinafter
"codes"), the Chief Officer of the RFA shall be considered the City's Fire Chief, and
the Chief Officer assigned to the Fire Prevention Services Division shall be considered
the City's Fire Marshal and Fire Code Official.
1.2 Fire Prevention Administration Services Provided to City. The RFA shall
provide the following Fire Prevention Administration Services to the City:
a. Direct the management and supervision of Fire Prevention
Services Division personnel;
b. Administer Fire Prevention Services Division programs and
activities to include inspections, plan review, code enforcement,
addressing, fire investigations, public education, assessment and
collection of fees, and document management.
C. Subject to City approval, create and adopt policies, procedures,
rules, and regulations to clarify the application of the codes.
d. Subject to City approval, create and develop forms, letters, and
other documents to assist in the application of codes.
e. Provide interpretations of codes.
f. Approve materials, equipment, and devices used in construction,
and the methods of construction to the extent that approval is
authorized by the codes.
g. Perform accounting functions to include invoicing and/or billing of
assessed fees and coordinating the collection of fees with the
City's Finance Customer Services Division.
h. Document management, to include creating and maintaining
division files, routing of development applications and plans,
EXHIBIT B - FIRE PREVENTION SERVICES
Page 1
preparing and imaging retained documentation, and fulfilling
public record requests.
i. Permit process activities to include the logging and routing of
plans, data entry of new applications, assembling and routing of
completed application packages.
j. Issue, print, and deliver permits.
k. Process code complaints or inquiries from the public to include
data entry, file creation, and routing of information.
I. Schedule and conduct inspections for developers or contractors.
M. Perform all duties necessary in order to enforce the codes.
n. Evaluate the codes for local adoption and develop local codes or
amendments for consideration by the City.
o. Review and sign voluntary correction agreements.
P. Represent the Fire Chief on the City's Short Subdivision
Committee.
q. Perform all other tasks related to the provision of Fire Prevention
Administration Services.
1.3 Fire Prevention Code Enforcement Services Provided to City. The RFA
shall provide the following Fire Prevention Code Enforcement Services to the City:
a. Initial fire and life safety inspections of new or relocated
businesses.
b. Inspections of businesses that are required to have fire code
permit(s).
C. Investigate and resolve public code violation complaints or
inquiries.
d. All code enforcement duties related to the fire codes as required
by Chapter 1.04 KCC and other code provisions or processes
established by the City.
e. Special inspections required by outside agencies such as
Department of Defense, Department of Early Learning,
Department of Social and Health Services, and private insurance
companies.
EXHIBIT B - FIRE PREVENTION SERVICES
Page 2
f. Post-disaster building and system inspections and/or evaluations.
g. Approval and review of fire safety, emergency evacuation,
lockdown, shelter-in-place, and hazardous materials
management plans.
h. Develop code enforcement cases and attend and provide
testimony and exhibits at code enforcement hearings before the
City's Hearings Examiner or in municipal or superior court.
i. Perform all other tasks related to providing Fire Prevention Code
Enforcement Services.
1.4 Fire Prevention Development Services Provided to City. The RFA shall
provide the following Fire Prevention Development Services to the City:
a. Address program activities to include the creation, assignment,
verification, issuance, and change of addresses.
b. Manage the Knox/Supra rapid entry program.
C. Provide development review program services to include
answering project inquiries, attending meetings, reviewing plans
for code compliance, and approving plans.
d. Provide development inspection program services to include pre-
construction meetings, inspections, troubleshooting fire
protection systems, final acceptance tests, field review of basic
permits, and coordination with the Building Services Division for
the issuance of Certificates of Occupancy.
e. Provide economic development activities to include research of
properties, systems and code requirements for potential projects
and existing buildings.
f. Approve hydrant placement for public and private projects.
g. Perform hydrant flows to verify available water supply.
h. Provide false alarm reduction program activities to include the
coordination with the property owner/agent and the system
technicians on repairs or troubleshooting or fire protection
systems.
i. Provide fire protection system confidence test program activities
to include evaluation of confidence tests provided by third-
parties, issuance of correction notices and/or notices of violation,
EXHIBIT B - FIRE PREVENTION SERVICES
Page 3
and drafting of voluntary correction agreements and field
inspections.
j. Provide Permit Center activities to include customer service,
answering phone calls, and meeting with customers and members
of the public.
k. Perform all other tasks related to providing Fire Prevention
Development Services.
1.5 Timeline of Work Provided. All work performed by the Fire Prevention
Division shall be performed pursuant to and within the timelines required of the
codes, policies, and procedures of the City, and any state or federal laws applicable
to the performance of that work.
1.6 Fire Prevention Services Staff Dedicated to City. The RFA will staff nine
and one-half (9.5) positions for the provision of Fire Prevention Services to the City,
including:
a. A Fire Deputy Chief/Fire Marshal;
b. Two (2) Captains/Deputy Fire Marshals;
C. Four (4) Firefighters/Inspectors;
d. One (1) Administrative Supervisor; and
e. One and one-half (1.5) Administrative Support.
It is recognized that the City is paying for Fire Prevention Services at
the above-stated staffing levels, and the RFA acknowledges that it will provide the
level of service identified in this Exhibit. The positions set forth above are to be staffed
at full time. In the event a person occupying a position set forth above is on leave
for any reason for a period of thirty (30) days or more, the RFA shall, at no expense
to the City, cover the position with another employee with sufficient experience and
training to ensure the City is provided with the staffing level noted above unless the
City agrees that such coverage is unnecessary.
1.7 To Whom Services Provided. Except as provided elsewhere, the City
shall pay only for Fire Prevention Services provided to the City based on the staffing
levels and hours identified in Section 1.6. The Fire Prevention Services Division may
provide services to other agencies by interlocal agreement. In the event the RFA
performs Fire Prevention Services for another agency in the future, the RFA shall,
prior to entering an agreement with such other agency, provide notice to the City of
the RFA's intent to provide services to the other agency, provide the City with the
details of the services to be provided, and negotiate with the City the impacts, if any,
that the service to the other agency may have on the service level provided to the
City. In the event that such services result in an increased cost or decreased level
of service to the City, such interlocal agreement for services shall require specific
prior written authorization from the City. In the event the RFA provides Fire
Prevention Services to another agency without increasing the number of hours of
work provided by the Fire Prevention Services Division staff identified in Section 1.6,
EXHIBIT B - FIRE PREVENTION SERVICES
Page 4
the amount the City pays to the RFA for Fire Prevention Services shall be reduced by
the value of the hours provided to the other agency.
1.8 Equipment to Perform Services. Office space shall be provided by the
City at 400 West Gowe Street, Suite #414, Kent, WA; provided that the City may,
with reasonable notice, move the office space in order to meet the needs of the City.
Supplies and equipment required to perform the duties called for in this Exhibit B
shall be provided by the RFA. For the purposes of performing the services called for
herein, and for accounting, the RFA shall have access to the City's KIVA system and
JD Edwards accounting/billing system, and other systems that may replace KIVA or
JDE.
1.9 Grant Funds. From time to time, the RFA may apply for grant funding.
Any grant funding that may directly affect the staffing levels of the Fire Prevention
Division shall be first approved by the City. In the event that grant funding is
obtained, such funding shall not, without specific City approval, increase the City's
cost of Fire Prevention Services or in any manner bind the City to a certain staffing
level. Moreover, any grant funding related to the work performed by the Fire
Prevention Services Division for the City shall be applied in accordance with the Grant
Guidelines to provide Fire Prevention Services. Grant funding that pays for existing
services provided herein shall offset the cost of the services paid by the City.
1.10 Collection and Transmission of Fees and Charges. All money, fees, and
charges of any kind collected or charged by the Fire Prevention Services Division for
services within the City or as a result of the provision of Fire Prevention Services
within the City shall be the sole property of the City and payable to the City. The
RFA shall establish a standard procedure for the charging and collection of fees and
charges as directed by the City's Finance Department, and shall immediately transmit
all such money collected to the City.
1.11 Cost of Fire Prevention Services - Overtime. Beginning January 1,2019,
the City shall pay the RFA $2,138,670 annually for the Fire Prevention Services
provided by the RFA.
In the event overtime is worked while providing Fire Prevention, Emergency
Management, and/or Fire Investigation Services, the City will be responsible for
reimbursing the RFA a maximum of $82,419 annually for all Fire Prevention,
Emergency Management, and Fire Investigation Services combined. Except as
provided in the following paragraph, and unless otherwise agreed to by the City in
writing, there shall be no additional consideration paid by the City to the RFA for
overtime pay.
There may be some disaster occurrences that are unanticipated. In the
event of an ECC activation, the RFA shall take reasonable measures to reduce the
costs of such ECC activation, and the CAO shall be consulted immediately to discuss
the potential operational and overtime costs of the ECC activation. In the event of a
Level 2 ECC activation lasting more than twenty-four (24) hours, or a Level 3 ECC
activation, the City shall only be responsible for the cost of reasonable overtime for
EXHIBIT B - FIRE PREVENTION SERVICES
Page 5
Fire Prevention related work performed by the staff set forth in Section 1.6 above
and that is performed as a result of the ECC activation. The City shall not be
responsible for overtime performed by Fire Prevention staff who perform other RFA
duties that normally would be the RFA's obligation to provide. For example, and not
by limitation, the City would pay the overtime of a Fire Prevention staff person
inspecting buildings as a result of an ECC Level 3 response, but would not pay the
overtime of a Fire Prevention staff person performing shift or line work during the
emergency.
In the event a Fire Prevention staff person is absent and another staff
member is called in to perform his or her work, all overtime costs occasioned by the
replacement staff person shall be at the sole cost of the RFA. Any state or federal
reimbursement for overtime or regular hours attributable to Fire Prevention staff
work that was the City's responsibility shall be transferred back to the City.
1.12 Cost Adjustments. Starting on January 1, 2020, and each year
thereafter, the cost of Fire Prevention Services as set forth in this exhibit shall be
adjusted by the lesser of either 100% of the Seattle/Tacoma/Bellevue CPI-W
percentage increase for the period of June to June, or the amount of pay increase
pursuant to the Collective Bargaining Agreement negotiated between the RFA and
RFA firefighters.
EXHIBIT B - FIRE PREVENTION SERVICES
Page 6
EXHIBIT C
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE PUGET SOUND REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
OFFICE OF EMERGENCY MANAGEMENT
1.1 Services Provided to City. On an annual basis, the Fire Chief and Kent
Chief Administrative Officer will collaborate to delineate and prioritize the services
provided by the Office of Emergency Management. Examples of the Emergency
Management Services the RFA may provide include, but are not limited to, the
following:
a. Administer all emergency management programs.
b. Ensure that plans, programs, and training are in compliance with
federal and state standards.
C. Ensure that adequate training is provided to meet federal
mandates. However, the RFA will not be responsible if City staff
does not participate or meet these mandates.
d. Manage and oversee the Emergency Coordination Center ("ECC")
and emergency operations and responses.
e. Maintain and update emergency plans in accordance with state
and federal requirements which plans may include, but are not
limited to:
1. Comprehensive Emergency Management Plan;
2. Hazardous Materials Emergency Response Plan;
3. Local Hazard Mitigation Plan;
4. Hazardous Identification and Vulnerability Analysis; and
5. Homeland Security Exercise and Evaluation Program.
f. Apply for and manage all disaster recovery grants, Emergency
Performance Grants, and other public assistance grants.
g. Represent the City and actively coordinate and participate on local
and regional groups, committees, and associations to further
Kent's emergency preparedness, and to keep current on
EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT
Page 1
emergency management issues facing the region and the City as
approved by the Kent Chief Administrative Officer.
h. Continue to manage and oversee the Local Emergency Planning
Committee in accordance with federal, state, and City laws,
regulations, and policies.
i. Coordinate and make available to City staff and residents training
in the areas of emergency preparedness and response as
approved by the Kent Chief Administrative Officer.
j. Maintain the City's designation as a Storm Ready City.
1.2 RFA Staff Dedicated to City Office of Emergency Management. The RFA
will staff the following positions for the City's Office of Emergency Management:
a. A Division Chief/Emergency Manager;
b. A Firefighter/Program Manager, provided, this
Firefighter/Program Manager position will terminate as of and
starting April 1, 2019;
C. A Program Coordinator; and
d. An Emergency Management Specialist.
It is recognized that the City is paying for Emergency Management
services at the above-stated staffing levels and the RFA affirms that it will provide
the services identified in this Exhibit C. The positions set forth above are to be staffed
at full time. These staff members are dedicated to provide City Emergency
Management Services and the City shall not be charged for services that normally
would be the RFA's obligation to provide. In the event a person occupying a position
set forth above is on leave or works a different shift for any reason for a period of
thirty (30) days or more, the RFA shall, at no expense to the City, cover the position
with another employee familiar with and adequately trained to provide Emergency
Management Services in order to ensure the City receives the staffing level noted
above unless the City agrees that such coverage is unnecessary.
1.3 Authority of City's Mayor. While the Fire Chief shall have the authority
to direct the work of the RFA employees, the City's Mayor shall be kept informed of
the work performed by the RFA employees on behalf of the City, and shall have
authority to set the desired outcomes of the Office of Emergency Management.
1.4 To Whom Services Provided. Except as provided elsewhere, the City
shall pay only for Emergency Management Services provided to the City based on
the staffing levels and hours identified in Section 1.2. The Office of Emergency
Management may provide Emergency Management services to other agencies by
interlocal agreement. In the event the RFA performs Emergency Management
EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT
Page 2
services for another agency, the RFA shall, prior to entering into an agreement with
such other agency, provide notice to the City of the RFA's intent to provide services
to the other agency, provide the City with the details of the services to be provided,
and negotiate with the City the impacts, if any, that the service to the other agency
may have on the service level provided to the City. In the event that such services
result in an increased cost or decreased level of service to the City, such interlocal
agreement for services shall require specific prior written authorization from the City.
In the event that the RFA provides Emergency Management Services to another
agency without increasing the number of hours of work provided by the Office of
Emergency Management staff identified in Section 1.2 above, the amount the City
pays to the RFA for Emergency Management Services shall be reduced by the value
of the hours provided to the other agency.
1.5 Collection and Transmission of Fees and Chafes. All money, fees, and
charges of any kind collected or charged by the Office of Emergency Management or
as a result of the provision of Emergency Management Services for the City shall be
the sole property of the City and payable to the City..
1.6 Grant Funds. From time to time, the Emergency Management Services
Division will apply for grant funding. Any grant funding that may directly affect the
staffing levels of the Office of Emergency Management as set forth in Section 1.2
shall be first approved by the City. In the event that grant funding is obtained, such
funding shall not, without specific City approval, increase the cost to the City of
Emergency Management Services or in any manner bind the City to a certain staffing
level. Moreover, grant funding relating to the work performed by the Office of
Emergency Management for the City shall be used in accordance with the Grant
guidance to provide Emergency Management Services. Grant funding that pays for
existing services provided herein shall offset the cost of the services paid by the City.
1.7 RFA to Provide Equipment to Perform Services. All office space,
supplies, and equipment will be provided by the RFA at 24523-116th Ave S.E, Kent,
WA.
1.8 Cost of Emergency Management Services - Overtime. Beginning
January 1, 2019, the City shall pay the RFA $55,571 monthly for the Emergency
Management services provided by the RFA; provided, starting April 1, 2019, this
amount shall be reduced to $40,781 per month to reflect the elimination of the
Firefighter/Program Manager position as provided in Section 1.2.
In the event overtime is worked while providing Fire Prevention, Emergency
Management, and/or Fire Investigation Services, the City will be responsible for
reimbursing the RFA a maximum of $82,419 annually for all Fire Prevention,
Emergency Management, and Fire Investigation Services combined. Except as
provided in the following paragraph, and unless otherwise agreed to by the City in
writing, there shall be no additional consideration paid by the City to the RFA for
overtime pay.
There may be some disaster occurrences that are unanticipated. In the event
of an ECC activation, the RFA shall take reasonable measures to reduce the costs of
EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT
Page 3
such ECC activation, and the CAO shall be consulted immediately to discuss the
potential operational and overtime costs of the ECC activation. In the event of a
Level 2 ECC activation lasting more than twenty-four (24) hours, or a Level 3 ECC
activation, the City shall only be responsible for the cost of reasonable overtime for
Emergency Management related work performed by the staff set forth in Section 1.2
above and that is performed as a result of the ECC activation. The City shall not be
responsible for overtime performed by Emergency Management staff who perform
other RFA duties that normally would be the RFA's obligation to provide. For example,
and not by limitation, the City would pay the overtime of an Emergency Management
staff person working on the emergency response, but would not pay the overtime of
a Emergency Management staff person performing shift or line work during the
emergency.
In the event an Emergency Management staff person is absent and
another staff member is called in to perform his or her work, all overtime costs
occasioned by the replacement staff person shall be at the sole cost of the RFA. Any
state or federal reimbursement for overtime or regular hours attributable to
Emergency Management staff work that was the City's responsibility shall be
transferred back to the City.
1.9 Crisis Intervention Coordinator. The RFA shall employ a Crisis
Intervention Coordinator. The Crisis Intervention Coordinator shall serve equally the
RFA and the City. The RFA shall pay the salary and benefits of the Crisis Intervention
Coordinator and provide the Crisis Intervention Coordinator with a vehicle which shall
be utilized for the performance of his or her duties; provided, beginning January 1,
2019, the City shall pay $35,064 to the RFA and provide the Crisis Intervention
Coordinator with office space, a telephone, and a computer as consideration for
equally using the services of the Crisis Intervention Coordinator. The amount
specified in this Section 1.9 shall be in addition to the amount set forth in Section 1.2
of this Exhibit. The duties of the Crisis Intervention Coordinator shall be consistent
with a job description that shall be developed by the RFA and the City jointly. The
Crisis Intervention Coordinator shall remain an at-will employee of the RFA at all
times.
1.10 Cost Adjustments. Starting on January 1, 2020, and each year
thereafter, the cost of Emergency Management Services as set forth in this exhibit
shall be adjusted by the lesser of either 100% of the Seattle/Tacoma/Bellevue CPI-
W percentage increase for the period of June to June, or the amount of pay increase
pursuant to the Collective Bargaining Agreement negotiated between the RFA and
RFA firefighters.
EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT
Page 4
EXHIBIT D
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE PUGET SOUND REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
FIRE INVESTIGATION SERVICES
1.1 Services Provided to City. The RFA shall provide the following Fire
Investigation Services to the City:
a. Investigate the cause and origin of fires, interview suspects and
witnesses, examine fire scenes, document findings and prepare
reports, collect and protect evidence, arrest and transport
suspects in accordance with a process established by the Kent
Police Chief, cooperate with prosecutors, file cases in court, be
available for interviews and courtroom testimony, and other
associated duties.
b. Investigate all fires that are arson, suspicious, injurious, and fires
with a loss of $10,000 or more.
C. Coordinate arson investigation activities with the Kent Police
Department as necessary.
d. Identify juvenile fire setters and coordinate intervention and
counseling.
e. Respond to all working fires when requested.
f. Participate in the Alcohol Tobacco and Firearms (ATF) Puget
Sound Arson Explosives Taskforce by Memorandum of
Understanding.
g. Participate in regional and state fire investigative organizations
and activities.
h. Perform all other tasks related to providing Fire Investigation
Services.
1.2 Commissioned Investigators. Investigators who perform the fire
investigation services shall retain no less than a limited commission as a law
enforcement officer in the City as determined by the Police Chief.
EXHIBIT D - FIRE INVESTIGATION SERVICES
Page 1
1.3 Uniformed Police Officer When Arrest Made. Every effort shall be made
to have a uniformed commissioned police officer present when making an arrest in
the City.
1.4 Evidence Retention. All evidence gathered during the criminal
investigation of a fire or other event for which Fire Investigative Services are provided
shall be maintained by the evidence custodians of the City's Police Department
pursuant to the policies and procedures for the maintenance of evidence set forth by
the City's Police department.
1.5 Inform Police Chief. The Fire Investigation Services Division shall make
every attempt to keep the City's Police Chief or his or her designee informed as to
the status of all fires in the City that occur as a result of suspected or confirmed
criminal conduct by providing status reports of investigations as the investigations
evolve.
1.6 Fire Investigation Services Dedicated to City. Fire Investigation Services
staff will be directly supervised by the RFA's Fire Marshal/Fire Code Official who also
supervises the Fire Prevention Services Division. The RFA will staff three (3) positions
for the provision of City Fire Investigation Services, including:
a. A Captain; and
b. Two (2) Firefighters; provided, one of the Firefighter positions will
be eliminated as of and starting January 1, 2020.
It is recognized that the City is paying for Fire Investigation Services at
the above stated staffing levels and the RFA affirms that it will provide the services
identified in this Exhibit D. The positions set forth above are to be staffed at full time.
Further, these staff members are dedicated to provide City Fire Investigation Services
and the City shall not be charged for services that normally would be the RFA's
obligation to perform. In the event a person occupying a position set forth above is
on extended leave for any reason for a period of thirty (30) days or more, the RFA
shall, at no expense to the City, cover the position with another employee familiar
with and adequately trained to provide Fire Investigation Services in order to ensure
the City receives the staffing level noted above unless the City agrees that such
coverage is unnecessary.
1.7 RFA Services to Other Agencies. The Fire Investigation Services Division
may provide Fire Investigation Services to other agencies by interlocal agreement.
In the event the RFA performs Fire Investigation Services for another agency in the
future, the RFA shall, prior to entering an agreement with such other agency, provide
notice to the City of the RFA's intent to provide services to the other agency, provide
the City with the details of the services to be provided, and negotiate with the City
the impacts, if any, that the service to the other agency may have on the service
level provided to the City. In the event that such services result in an increased cost
or decreased level of service to the City, such interlocal agreement for services shall
require specific prior written authorization from the City. In the event that the RFA
provides Fire Investigation Services to another agency without increasing the number
EXHIBIT D - FIRE INVESTIGATION SERVICES
Page 2
of hours of work provided by the Fire Investigation Services Division staff identified
in Section 1.6, the amount the City pays to the RFA for Fire Investigation Services
shall be reduced by the value of the hours provided to the other agency.
1.8 City's Police Chief - Authority. While the Fire Chief shall have the
authority to direct the work of the RFA employees, the City's Police Chief shall be
kept informed of the work performed on behalf of the City by Fire Investigation staff,
shall have authority to set the desired outcomes of the Fire Investigation staff, and
may establish policies and procedures for the conduct of the work of the Fire
Investigations staff related to police action/enforcement.
1.9 RFA to Provide Equipment to Perform Services. Office space shall be
provided by the City at 400 West Gowe Street, Suite #414, Kent, WA; provided that
the City may, with reasonable notice, move the office space in order to meet the
needs of the City. The RFA shall provide station/sleeping quarters to Fire
Investigators, as well as all office supplies, vehicles, and equipment not identified as
being provided by the City.
1.10 Fire Investigator Equipment Provided by City. The City, through its
Police Department, will provide a firearm with holster, ballistic vest, ammunition, and
related equipment to the City Fire Investigators, as well as police training regarding
the use of such equipment.
1.11 Grant Funds. From time to time, the RFA may apply for grant funding.
Any grant funding that may directly affect the staffing levels of the Fire Investigation
Services Division shall first be approved by the City. In the event that grant funding
is obtained, such funding shall not, without specific City approval, increase the cost
to the City of Fire Investigation Services or in any manner bind the City to a certain
staffing level. Moreover, grant funding related to the work performed by the Fire
Investigation Services Division for the City shall be used in accordance with the grant
guidelines to provide Fire Investigation Services. Grant funding that pays for existing
services provided herein shall offset the cost of the services paid by the City.
1.12 Collection and Transmission of Fees and Charges. All money, fees, and
charges of any kind collected or charged by the Fire Investigation Services Division
for services within the City or as a result of the provision of Fire Investigation Services
within the City shall be the sole property of the City and payable to the City.
1.13 Cost of Fire Investigation Services - Overtime. Beginning January 1,
2019, the City shall pay the RFA $38,859 per month for the Fire Investigation
Services provided by the RFA; provided, starting January 1, 2020, this amount shall
be reduced to $24,069 per month to reflect the reduction of a Firefighter position as
provided in Section 1.6; provided further, the January 1, 2020, monthly rate of
$24,069 shall be adjusted on January 1, 2020, to reflect the Seattle Tacoma/Bellevue
CPI-W for June to June 2019 pursuant to Section 1.14 below.
In the event overtime is worked while providing Fire Prevention, Emergency
Management, and/or Fire Investigation Services, the City will be responsible for
EXHIBIT D - FIRE INVESTIGATION SERVICES
Page 3
reimbursing the RFA a maximum of $82,419 annually for all Fire Prevention,
Emergency Management, and Fire Investigation Services combined. Except as
provided in the following paragraph, and unless otherwise agreed to by the City in
writing, there shall be no additional consideration paid by the City to the RFA for
overtime pay.
There may be some disaster occurrences that are unanticipated. In the
event of an ECC activation, the RFA shall take reasonable measures to reduce the
costs of such ECC activation, and the CAO shall be consulted immediately to discuss
the potential operational and overtime costs of the ECC activation. In the event of a
Level 2 ECC activation lasting more than twenty-four (24) hours, or a Level 3 ECC
activation, the City shall only be responsible for the cost of reasonable overtime for
Fire Investigation related work performed by the staff set forth in Section 1.6 above
and that is performed as a result of the ECC activation. The City shall not be
responsible for overtime performed by Fire Investigator staff who perform other RFA
duties that normally would be the RFA's obligation to provide. For example, and not
by limitation, the City would pay the overtime of an Fire Investigator staff person
working a fire investigation, but would not pay the overtime of a Fire Investigation
staff person performing shift or line work during the emergency.
In the event a Fire Investigation staff person is absent and another staff
member is called in to perform his or her work, all overtime costs occasioned by the
replacement staff person shall be at the sole cost of the RFA. Any state or federal
reimbursement for overtime or regular hours attributable to Fire Investigation staff
work that was the City's responsibility shall be transferred back to the City.
1.14 Cost Adjustments. Starting on January 1, 2020, and each year
thereafter, the cost of Fire Investigation Services as set forth in this exhibit shall be
adjusted by the lesser of either 100% of the Seattle/Tacoma/Bellevue CPI-W
percentage increase for the period of June to June, or the amount of pay increase
pursuant to the Collective Bargaining Agreement negotiated between the RFA and
RFA firefighters.
EXHIBIT D - FIRE INVESTIGATION SERVICES
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EXHIBIT E
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE PUGET SOUND REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
SHOWARE CENTER
1.1 Emergency Medical Presence. Unless otherwise provided in the
operational agreement between the City and the operator/manager ("SMG") of the
ShoWare Center, the RFA shall provide an emergency medical presence at the
ShoWare Center during all ShoWare events in which attendance at the event is
expected to be 1,500 or more attendees at any one time or over the course of one
(1) day of the event, provided, however, the Fire Marshal may require an emergency
medical presence for an event with lower attendance if the Fire Marshal determines
that the nature of the event requires an emergency medical presence. For the
purposes of this Exhibit E, the term "emergency medical presence" shall mean the
attendance at a ShoWare event of at least two (2) RFA employees who are of the
rank of firefighter or higher.
(a) For events exceeding 1,500 in attendance at any one time or
events where the Fire Marshall has determined that an emergency medical presence
is required, the Kent RFA shall be the provider unless the Fire Chief or designee has
agreed in writing in advance to allow another service provider.
(b) SMG shall provide the Kent RFA with event outlines, in a form
acceptable to the Kent RFA, including estimated attendance numbers at least one
week prior to each event and shall provide the Kent RFA with attendance numbers
following each event to assist both entities with planning for future events.
(c) In certain instances, events exceeding 1500 in attendance may
not, in the opinion of SMG, need the benefit of an emergency medical presence (e.g.,
a gathering for a church service). In those instances, SMG may petition the RFA to
request an exception to these requirements, and if the RFA agrees, then no RFA
emergency medical presence will be required.
1.2 Services to be Provided at no Charge for Certain Events. The RFA shall
provide a medical presence at all Thunderbirds hockey games, lingerie football
games, and any school graduations, and shall not charge the City or SMG for the
emergency medical presence at these events.
1.3 RFA May Charge for Other Events. The RFA will charge SMG for the
emergency medical presence for any event not specified in Section 1.2 of this Exhibit
E. Starting January 1, 2019, he rate that the RFA will charge will be $80.00 per hour
for each RFA employee who is hired to provide emergency medical services at a
ShoWare event covered under this subsection. Starting on January 1, 2020, and
EXHIBIT E - SHOWARE CENTER
each year thereafter, the hourly rate shall be adjusted by the lesser of either 100%
of the Seattle/Tacoma/Bellevue CPI-W percentage increase for the period of June to
June, or the amount of pay increase pursuant to the Collective Bargaining Agreement
negotiated between the RFA and RFA firefighters.
1.4 RFA to Have Access to ShoWare Facilities. For the purpose of providing
an emergency medical presence at the ShoWare Center, the RFA shall have access
to a room in which to perform examinations of patients and provide emergency
medical services, and shall have access to a telephone.
EXHIBIT E - SHOWARE CENTER
EXHIBIT F
Information Technology- Telephone Information Management Services
DELETED Effective January 1, 2020
EXHIBIT F
INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES
Page 9
EXHIBIT G
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE PUGET SOUND REGIONAL
FIRE AUTHORITY FOR THE DIVISION OF SERVICES
FACILITIES MAINTENANCE, JANITORIAL AND
LANDSCAPING SERVICES
1. Facilities Maintenance and Custodial Services, The City shall provide Facilities
Maintenance and Custodial Services consistent with the scope of services set forth in
this Exhibit G to the RFA at the following location:
• The "Common Areas" identified in Exhibit B of the Lease Agreement
between the City and the RFA for Station 74, also known as the Police/Fire
Training Facility, located at 24523 116' Ave SE, Kent, WA 98030;
1.1 Scope of Facilities Maintenance Services. The Facilities Maintenance
Services provided pursuant to this Exhibit G shall include items requested by the RFA
including but not limited to:
• Change light bulbs and replace ballasts;
• Set clocks;
• Troubleshoot, repair and replace appliances;
• Replace ceiling tiles, repair ceiling grid;
• Localized plumbing repairs or fixture replacement, e.g., toilets, hot water
tanks, faucets, etc.;
• Electrical repairs/fixture replacements, add new circuits;
• Building envelope repairs, e.g., windows, siding, doors, minor roof repairs,
etc.;
• Drywall repair/replacement;
• Interior and exterior painting;
• HVAC system preventative maintenance, e.g., change filters, repair motors,
pumps, and compressors;
• Respond to employee comfort issues;
• Care for direct digital HVAC controls;
• Fire extinguisher repair, testing and replacement;
• Building related back flow devices, repair and certification;
EXHIBIT G - FACILITIES MAINTENANCE SERVICES
Page 1
• Building lock repair and replacement including keying and resetting
combinations;
• Carpet repairs and carpet cleaning;
1.2 Scope of Custodial Services. Custodial Services shall be provided by the
City on a five day per week basis and shall include but not be limited to:
• -Empty Trash 5 times per week (Mon-Fri)
• -Clean and Mop Restrooms and showers 5 times per week (Mon-Fri)
• -Vacuum Daily as needed
• -Clean Exercise Room as needed
• -Perform High and Low Dusting as needed
• -Clean Table Tops and Counters as needed
• -Annually Clean Interior Windows
• -Bi-Annually Clean Carpet and spot clean as needed
1.3 Capital Improvements Excluded. Capital improvements shall be
excluded from the scope of services set forth in Section 1.1 and shall be controlled
by the Station 74 Lease Agreement. The RFA shall establish a designated fund for
its capital improvement responsibilities under the lease with an annual contribution
of $20,000 with a cap of $150,000. Capital improvements shall be considered, but
not limited to, the construction of walls or new doorways, roof replacement, electrical
and plumbing systems replacement, window replacements, flooring replacement, etc.
1.4 Utilities and Insurance. Costs of Utilities and Insurance for Station 74 are
to be allocated in accordance with the Station 74 Lease Agreement. The City shall
charge the RFA an administrative fee of 1% of the RFA's actual utility and insurance
costs. The City will provide the RFA with a detailed breakdown of the actual costs of
utilities and insurance charged to the RFA.
1.5 Cost of Facilities Maintenance and Custodial Services. Starting January 1,
2019, the RFA shall pay the City $42,156.50 per year for the services identified
Sections 1.1 and 1.2 of this exhibit. This cost is based on a square footage cost of
$10.07 per square foot. Starting January 1, 2020, and each year thereafter, the Cost
shall be adjusted by application of the preceding Seattle/Tacoma/Bellevue CPI-W for
the period of June to June.
1.6 Maintenance Requests to be Submitted Electronically. All maintenance
requests shall be submitted by the RFA using the City's electronic maintenance
system, to which the City will grant the RFA access. The RFA's requests, however,
will be placed in queue, and prioritized and processed just like any other request.
The RFA will be entitled to no response preference to its requests. Facilities will give
special consideration to mission critical items. "Mission Critical" would be any item
that would prevent the RFA or Kent PD from delivering service to their citizens or
impact the health and safety for RFA or Kent PD employees. Specifically, the term
Mission Critical shall include maintenance of the following:
• Generator,
EXHIBIT G - FACILITIES MAINTENANCE SERVICES
Page 2
• Police/Fire Training Center entry doors and windows that present a
security issue,
• HVAC issues that negatively impact training classes and ECC activations
(no heat in classrooms during classes in the wintertime or no A/C in the
classrooms during the summertime),
• Any structural, roof, or site damage that prevents the RFA and Kent PD
from delivering service to the community.
In the event the City fails to complete a request within 30 calendar days of
receiving the request and if the City has not provided written notice to the RFA
identifying that the delay is caused by an occurrence outside of the City's control,
then the RFA may complete the maintenance and repairs and bill the City on a time
and materials basis.
2. Landscaping Services. The RFA shall provide Landscaping Services consistent
with the scope of services set forth in this Exhibit G to the City at the following location
• The "Property" identified in the Lease Agreement between the City and the
RFA for Station 74.
2.1 Scope of Landscaping Services. Landscaping Services shall include but
not be limited to maintenance of any landscaping, lawns and irrigation systems on
the Property. On an annual basis, RFA staff shall meet with City staff to obtain City
input into the scope, frequency and extent of landscaping services. The RFA shall
also accept City input into any competitive bidding processes used to procure
landscaping services.
2.2 Cost of Landscaping Services. The RFA will invoice the City for 50% of
the actual landscaping costs plus a 1% administrative fee on a monthly basis. The
RFA will provide the City with a detailed description of the landscaping costs at the
time of invoicing. The City's annual landscaping costs, and the amount recoverable
by the RFA, shall be capped, and the City shall be charged no more than the annual
cap. The City's annual landscaping costs shall be capped at $17,073 in 2019. Starting
January 1, 2020, and each year thereafter, the cap will be adjusted by application of
the preceding Seattle/Tacoma/Bellevue CPI-W for the period of June to June.
3. Fire Alarm and Fire Suppression Systems for Station 74. The Kent RFA shall
maintain, repair, monitor and certify the building fire alarm system and fire
suppression systems for the entire Station 74. The RFA will invoice the City for 38%
of the actual costs plus a 1% administrative fee on an as incurred basis. The RFA
will provide the City with a detailed description of the costs at the time of invoicing.
4. Repair and Maintenance of Generator for Station 74. The City shall maintain
and repair the generator serving the entire Station 74. The City will invoice the RFA
for 50% of the actual costs plus a 1% administrative fee on an as incurred basis. The
City will provide the RFA with a detailed description of the costs at the time of
invoicing.
5. The City shall provide Parking lot and sidewalk cleaning and maintenance
including parking lot restriping and seal coating for all parking lots and sidewalks
EXHIBIT G - FACILITIES MAINTENANCE SERVICES
Page 3
serving the entire station 74. The City will invoice the RFA for 62% of the actual
costs plus a 1% administrative fee. The City and the RFA shall jointly select a
contractor and scope of work, including the maintenance schedule for the Parking Lot
Maintenance Work.
EXHIBIT G - FACILITIES MAINTENANCE SERVICES
Page 4
EXHIBIT H
Medical Benefits - Wellness-Employee Assistance Program Services
DELETED Effective December 31, 2012
EXHIBIT H - MEDICAL BENEFITS, WELLNESS, EMPLOYEE ASSISTANCE PROGRAM SERVICES
Page 1
EXHIBIT I
Access to Commute Trip Reduction Program
DELETED October 1, 2011
EXHIBIT I - ACCESS TO COMMUTE TRIP REDUCTION PROGRAM
Page 1
EXHIBIT J
Access to Flexible 125 Spending Accounts
DELETED October 1, 2011
EXHIBIT J - ACCESS TO FLEXIBLE 125 SPENDING ACCOUNT
Page 1
EXHIBIT K
Civil Service Examiner
DELETED - October 1, 2011
EXHIBIT K - CIVIL SERVICE EXAMINER SERVICES
Page 1
EXHIBIT L
Vehicle Inspection and Mechanic Services
Deleted -Effective January 1, 2013
EXHIBIT L - VEHICLE INSPECTION AND MECHANIC SERVICES
Page 1
EXHIBIT M
CPR AND FIRST AID INSTRUCTION SERVICES
1. PURPOSE: The purpose of this CPR and First Aid Instruction Services Exhibit
("Agreement") is to establish the relationship between the RFA and the City for
the RFA's provision of CPR and first aid instruction services for the City of Kent.
The RFA currently has the facilities and personnel to perform this service and is
willing to extend this service to the City.
2. DEFINITIONS.
2.1 "CPR" means the American Heart Association Heartsaver Adult CPR.
Cardiopulmonary Resuscitation is the manual application of chest
compressions and ventilations to patients in cardiac arrest, done in an effort
to maintain viability until advanced help arrives. This procedure is an
essential component of basis life support (BLS), basic cardiac life support
(BCLS), and advanced cardiac life support (ACLS).
2.2 "AED" means automated external defibrillator which is a portable electronic
device that automatically diagnoses the life-threatening cardiac
arrhythmias of ventricular fibrillation and ventricular tachycardia in a
patient and is able to treat them through defibrillation, the application of
electrical therapy which stops the arrhythmia, allowing the heart to
reestablish an effective rhythm.
2.3 "First Aid" means the assistance given to any person suffering a sudden
illness or injury with care provided to preserve life, prevent the condition
from worsening, and/or promote recovery. It includes initial intervention
in a serious condition prior to professional medical help being available, as
well as the complete treatment of minor conditions, such as applying a
plaster to a cut.
2.4 "Designated Site" means the location where CPR and First Aid Instruction
Services will be performed. The location may be anywhere that is mutually
agreed upon by both parties..
2.5 "Class Roster" means the document used to document the CPR and Fire Aid
Instruction information including the location, date, instructor's name and
the participants' record of attendance.
3. KENT RFA RESPONSIBILITIES.
3.1 The RFA will be responsible for providing qualified instructors to provide
CPR and First Aid instruction to City employees.
EXHIBIT M - CPR AND FIRST AID INSTRUCTION SERVICES
Page 1
3.2 The RFA will be responsible for providing the facility and all necessary
instruction material and equipment.
3.3 The RFA will be required to hold CPR and First Aid instruction classes for
City employees on at least a monthly basis provided that at least [to be
determined] City employees have registered for the class.
3.4 The RFA will ensure that a minimum of 8 and a maximum of14 City
employees are registered for the class before conducting the class.
4. CITY RESPONSIBILITIES.
4.1 The City will be responsible for adhering to all RFA requirements governing
the registration and attendance by City employees at the CPR and First Aid
instruction classes.
4.2 The City will be responsible for paying the RFA for all services rendered by
the RFA under this Agreement pursuant to the terms of this Agreement.
5. HOURS OF WORK. The CPR and First Aid instruction classes will be scheduled
during the City's normal work period, which is 8:00 a.m. to 5:00 p.m., Monday
through Friday except for City holidays.
6. CHARGES FOR CPR AND FIRST AID INSTRUCTION SERVICES. The City will
pay the RFA a flat fee for each participant based on the RFA's rates charged to
the public as established through the RFA fee schedule.
7. TERM OF AGREEMENT. This Agreement shall be effective on the date this
Agreement is executed by both parties and shall continue unless terminated by
either party with thirty (30) days advanced written notice.
EXHIBIT M - CPR AND FIRST AID INSTRUCTION SERVICES
Page 2