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HomeMy WebLinkAboutAD10-162 - Original - Kent Fire Dept. Regional Fire Authority - Division of Services ILA - 07/01/2010 *.%. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY I. PARTIES The parties to this Interlocal Agreement for the Division of Services Resulting from the Formation of the Kent Fire Department Regional Fire Authority ("Agreement") are the City of Kent (hereinafter the "City"), a Washington municipal corporation, and the Kent Fire Department Regional Fire Authority (hereinafter the "RFA"), a Washington municipal corporation formed in accordance with Ch. 52.26 RCW. II. AUTHORITY The City and the RFA are public agencies as defined by Chapter 39.34 of the Revised Code of Washington ("RCW"), and are authorized to enter into interlocal agreements on the basis of mutual advantage and thereby to provide services and facilities in the manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs of local communities. III. PURPOSE The City has maintained a full service fire department for decades. On April 27, 2010, voters within the jurisdictions of the City and King County Fire Protection District No. 37 ("District") voted to create the RFA in order to provide fire services, and adopted the Regional Fire Authority Plan which sets forth the manner in which fire services will be provided by the RFA. The RFA came into existence and became effective on July 1, 2010. The RFA consolidated the City of Kent Fire Department and the District into one governmental entity, with taxing authority, designed to provide fire services within the geographical boundaries of the City and the District. While the RFA has the authority to provide fire services, it remains the responsibility of the City to enforce its building codes, to provide emergency management services, and to provide fire investigation services. It is the parties' desire, however, that the RFA perform the following services for the City: fire prevention, emergency management, and fire investigation services. It is also the parties' desire that the City perform the following services for the RFA: provision of medical benefits including medical, dental, vision, wellness program, and employee assistance program for RFA employees; Civil Service Examiner services; information technology services; facilities maintenance; and access to the City's commute trip reduction program and flexible spending accounts. This Agreement establishes the framework for transferring responsibilities from the City to the RFA pursuant to the formation of the RFA and adoption of the Regional Fire Authority Plan. This Agreement also sets forth the manner in which the services described above will be provided by both the City and the RFA. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY- Page 1 of 15 IV. EXHIBITS INCORPORATED AND AMENDABLE Attached to this Agreement are a number of exhibits that detail the work to be performed by the RFA for the benefit of the City, and the work to be performed by the City for the benefit of the RFA. There are also exhibits attached to this Agreement that designate the manner of transferring documents and handling other matters related to the transfer of fire services from the City to the RFA. The attached Exhibits A through K (the 'Exhibits") are adopted and incorporated into this Agreement by this reference. Notwithstanding any provision contained within this Agreement that states otherwise, the Exhibits may be amended from time to time by written agreement of the Committee, as established in Section XIV of this Agreement, in order to provide for the orderly and efficient provision of services by the parties, and the governing bodies of the City and the RFA hereby delegate their authority over amendments of the Exhibits to the Committee. V. PLAN REFERENCED AND ATTACHED BUT NOT INCORPORATED The Regional Fire Authority Plan, which was passed by the voters of the City and the District on April 27, 2010, is hereby attached as Attachment 1 to this Agreement for reference purposes, though not specifically incorporated herein. VI. RFA SOLELY RESPONSIBLE FOR COMPLIANCE WITH LAWS AND REGULATIONS It is recognized that with the passage of the RFA plan by the voters of the City and the District, a new governing entity was created as of July 1, 2010, with a purpose separate from that of the City, and with officers, employees, and elected and appointed officials separate from those of the City. It is recognized that as of July 1, 2010, the RFA is a stand-alone and independent legal entity completely separate in all purposes from that of the City. Except as otherwise provided for in this Agreement, the RFA shall be solely legally responsible for all conduct and services provided by the RFA, and shall conduct itself in a manner consistent with all applicable laws and regulations. VII. DESIGNATION OF FIRE CHIEF, FIRE MARSHAL, AND FIRE CODE OFFICIAL For the purposes of enforcement of federal, state, and City laws relating to the provision of fire services, and for the purposes of complying with federal and state grant programs or any other programs which relate to the provision of the services formerly provided by the City of Kent Fire Department, the Chief Officer of the RFA (hereinafter "Fire Chief') shall be considered the City's Fire Chief, and the Chief Officer assigned to the Fire Prevention Services Division shall be considered the City's Fire Marshal and Fire Code Official. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 2 of 15 VIII. SERVICES PERFORMED BY THE RFA FOR THE CITY A. Services to be Provided. The RFA agrees to perform Fire Prevention, Emergency Management, and Fire Investigation Services for the City as set forth in Exhibits B, C, and D of this Agreement, as well as RFA services at the ShoWare Center as set forth in Exhibit E. B. Employees of the RFA Are Not Employees of the City. All RFA employees who provide the City the services called for in this Section VIII shall be employees of the RFA, and not employees of the City. Except as provided in this Agreement, the employees of the RFA who are performing the services called for in this Section VIII shall not be entitled to any benefit provided to employees of the City. The RFA shall, at all times, be solely responsible for the conduct of its employees in performing the services called for in this Section VIII. C. Records. All records relating to the provision of the services called for in Exhibits B, C, and D shall be considered records of the City, and shall be retained in accordance with the records retention requirements of the City. Custody and disclosure of the records shall be managed in accordance with Exhibit A. D. Quarterly Reports. For the services provided pursuant to Exhibits B, C, and D, the RFA shall, within fourteen (14) calendar days of a request by the City and in a form to be approved by the City, provide the City with a report which shall, at a minimum, specify the following: 1. Any revenue generated by or brought in by either of the three (3) services. 2. For Fire Prevention Services: a. The number of permits reviewed; b. The number of permits granted; C. The number of permits denied; d. Permit activity performance; e. The number of inspections conducted; f. The number of complaints investigated; g. The number of code enforcement cases investigated; h. The number of code enforcement cases filed; i. The number of short subdivision committee meetings attended; and j. The number of pre-application meetings attended. The report shall separately report all of the above information relating to services provided to any agency other than the City, such as, but not limited to, services provided to the city of Covington. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY- Page 3 of 15 .�. N%W 3. For Emergency Management Services: a. The number of training programs provided to City employees; b. The number of training programs provided to the public; C. Activities relating to the update of any emergency plans; d. Any grants applied for; e. Any grants received; and f. Attendance at regional emergency management meetings. 4. For Fire Investigation Services: a. The number of matters investigated; b. The number of cases filed; C. The number of cases investigated but either not filed or declined by the prosecutor's office; and d. Training attended by fire investigators. F. Audit Authority. The City may, at the sole cost of the City and with twenty-four (24) hours' notice to the RFA, perform an audit of the services provided in Exhibits B, C, and D, and any other RFA matter that relates to or affects RFA charges to the City. The RFA shall cooperate fully with any audit conducted by the City. Such audit may be performed by City personnel or an agency or private entity with which the City contracts. Such audit may, at the sole discretion of the City, require the production of documents and reports without the necessity of a public records request or subpoena, and a response by RFA personnel to any questions or inquiries relating to the services provided by the RFA. This audit authority shall extend to any services provided to the City or to any other agency, such as, but not limited to, the city of Covington. G. Employee Performance. RFA employees performing services called for in Exhibits B, C, and D shall conduct themselves in a professional manner and consistent with RFA and City policies and procedures. In the event the City is dissatisfied with the performance or conduct of an RFA employee performing the services called for herein and such performance or conduct violates RFA or City policies or procedures, the Mayor of the City, or his or her designee, (the "Mayor") may report, in writing, his or her dissatisfaction to the Fire Chief, with an explanation for that dissatisfaction and the policies and procedures allegedly violated; provided that the Mayor's failure to initiate such report shall in no way be interpreted as an acceptance of unsatisfactory performance or conduct. The Mayor may request in writing that any employee for whom a written dissatisfaction notice is issued be removed from a position in which he or she provides services to the City pursuant to this Agreement. In such event, the Fire Chief shall reassign such employee to a position that does not involve the services called for in Exhibits B, C, or D, unless the Fire Chief demonstrates that he or she is unable to reassign the employee due to legal reasons or reasons that would violate a provision of a collective bargaining agreement. The RFA shall not agree to any provision in any collective bargaining agreement that would interfere INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY- Page 4 of 15 with the Fire Chief's authority to reassign an RFA employee who performs services for the City. Regardless of whether the Mayor requests the removal of an RFA employee, in the event such dissatisfaction is of such a nature that if true could form the basis of a violation of RFA policies or procedures, the Fire Chief may, consistent with RFA collective bargaining agreements and other applicable policies and procedures, initiate an investigation and impose appropriate disciplinary or corrective measures. H. New Employees - Authorization. The Fire Chief shall, at least thirty (30) days prior to assigning any person to a position that performs services pursuant to Exhibits B, C, and D, meet with the Mayor to discuss the position, and the candidate that the Fire Chief wishes to assign to that position. In the event the Fire Chief and the Mayor agree to the assignment of the person to the position, the Fire Chief may make the assignment. In the event the Fire Chief and the Mayor do not agree to the assignment, the Fire Chief shall provide the Mayor with a list of three (3) candidates qualified for the position, and if there are not three (3) qualified candidates, then at least two (2) qualified candidates for the position. The Mayor shall be permitted to select from the three (3) candidates, or two (2) as the case may be, the person to be assigned to the position; provided, that prior to such selection, the Fire Chief and the Mayor shall meet to discuss the candidates. The person selected by the Mayor shall be the person assigned to the position. I. Modification in Level of Service or Funding. From time to time, due to economic circumstances, the City may be required to modify levels of service or funding in the City. These modifications may be made necessary by reductions in available City funds, or increases in activity in the services performed pursuant to Exhibits B, C, and D. In the event the City, for any reason, determines that it is in the interest of the City to modify the level of service with regards to the services provided in Exhibits B, C, and D, the City may, at its sole option and with thirty (30) days' advance written notice to the RFA, modify the funding provided to the RFA for the services provided in Exhibits B, C, and D. Any modification in funding shall be preceded by an agreement relating to any modifications to the levels of service that will accompany the modification of funding. The following information reflects the workload and revenue activity in the Fire Prevention Division which shall serve the purpose of facilitating discussions regarding modifications in the levels of service or funding for the Fire Prevention Division: 1. Code Enforcement Unit. In 2010, the Code Enforcement unit brought in $150,792 in Revenue. In addition, over a three (3) year period, the Code Enforcement unit: a. Had three (3) full-time employees, and b. Engaged in 968 activities per year, per full-time employee. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 5 of 15 2. Development Services Unit. In 2010, the Development Services Unit brought in $347,651 in revenue. In addition, over a six (6) year period, the Development Services Unit: a. Had three and one-half (3.5) employees, and b. Engaged in 1,857 activities per year, per full-time employee. It is not the intent of this subsection to permit the City to replace RFA personnel with City personnel or third-party personnel. The City's replacement of RFA personnel with City or third-party personnel may be considered a termination of service subject to the requirements of Section XVI of this Agreement. IX. SERVICES PERFORMED BY THE CITY FOR THE RFA The City agrees to perform the following services for the RFA, the payment of which will be provided for in accordance with Sections XII and XIII of this Agreement: Exhibit No.: Title of Exhibit: F. Information Technology, Telephone, and Information Management Services; G. Facilities Maintenance Services H. Medical Benefits, Wellness, and Employee Assistance Program Services; I. Access to Commute Trip Reduction Program; J. Access to Flexible 125 Spending Account; and K. Civil Service Examiner Services. The manner in which those services will be provided is detailed in Exhibits F to K of this Agreement. X. RECORDS TRANSFER AND REQUESTS FOR RECORDS Except as provided elsewhere in this Agreement, the City and the RFA anticipate the transfer of records as provided in Exhibit A from City custody to RFA custody. Exhibit A shall govern the retention and disclosure of any records of one party held by the other. XI. ASSET TRANSFER A. Real Property. The real property associated with City fire services has been sold or leased to the RFA in accordance with Section 7 of the Regional Fire Authority Plan. Responsibilities relating to the maintenance and upkeep of the properties leased by the RFA are specified in the leases between the City and the RFA. B. Vehicles, Equipment, and Other Personal Property. All vehicles, equipment, and other personal property listed in Appendix D of the Regional Fire Authority Plan have been transferred in accordance with Section 7 of the Regional Fire Authority Plan; provided, that Information Technology equipment listed in the INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY- Page 6 of 15 Appendices shall not be transferred to the RFA; and provided further that in the event any Exhibit provides for something other than a transfer, such Exhibit shall control. Upon transfer of vehicles, equipment, and property that must by law be registered, the RFA shall take all necessary steps to transfer title to the RFA and register the vehicles, equipment and property in the name of the RFA within the time requirements of state law. All vehicles, equipment, and property are being transferred 'gas-is, where is, without warranties, express or implied," and the RFA shall defend, indemnify, and hold the City harmless from any and all injuries or damages to persons or property that may be occasioned in any manner whatsoever by the vehicles and equipment, whether those damages or injuries are suffered by agents, employees, officials, or assigns of the RFA or by third-parties. C. City of Kent Project Accounts and Reserve Cash Funds. The City Project Accounts and reserve Cash Funds identified in Appendix D of the Regional Fire Authority Plan were transferred in accordance with Section 7 of the Fire Authority Plan. D. Other Assets. It is anticipated that some assets relating to the provision of fire services may not have transferred pursuant to the Regional Fire Authority Plan. Any assets not contained within the Regional Fire Authority Plan shall be transferred only by a separately negotiated written agreement between the City and the RFA. XII. WAIVER OF FIRE BENEFIT CHARGE As partial consideration for the services provided by the City pursuant to this Agreement, all personal property and improvements to real property now owned by the City or owned by the City at a future date shall be exempt from any fire benefit charge or service benefit charge otherwise imposed by the RFA pursuant to the Regional Fire Authority Plan or Chapter 52.26 RCW. XIII. PAYMENT A. Payment. Payment for the services provided by the City to the RFA, and for the services provided for by the RFA to the City, is set forth in Exhibits B through K of this Agreement. Payment shall be calculated either on a pre- established, per-year cost of service basis, on an hourly basis, or, in the case of units provided, on a cost per-unit basis. Payment for the services set forth in Exhibits B through K shall be made in accordance with this Section XIII. B. Time for Payment. Unless as otherwise provided in Exhibits B through K, payments shall be made as follows: 1. Payments Dependent on Pre-Established Per-Year Cost. In the case of any costs of services that are established on a per-year INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 7 of 15 basis, such costs shall be divided into twenty-four (24) equal payments paid on the 15th day of each month and the last day of each month; provided, for the remainder of the year 2010, such costs shall be divided into twelve (12) equal payments, payable on the 15th day of each month and the last day of each month. 2. Payments Dependent on Hours Worked. In the case of payments which are based upon the number of hours worked, the party providing the service shall, by the 15th day of each month, submit an invoice for the hours worked in the previous month. For example, an invoice submitted by December 15th would cover the hours worked during November. Payment of the invoiced amount shall be due no later than thirty (30) calendar days from the date of the invoice. 3. Payments Made on Cost Per Unit Basis. In the case of payments which are based upon the number of units purchased, such as replacement parts, the party providing the units shall, by the 151h day of each month, submit an invoice for the units provided to the other party in the previous month. For example, an invoice submitted by December 15th would cover the telephones purchased during the month of November. Payment of the invoiced amount shall be due no later than thirty (30) calendar days from the date of the invoice. C. Failure to Submit Invoice. The failure of one party to submit an invoice for services to the other party within the timeframes provided in this Agreement shall not result in a waiver of the requirement of the other party to pay for those services; provided that the failure of a party to invoice the other party for a period in excess of thirteen (13) months from the date the services were rendered shall result in a complete waiver and release from any obligation to pay for that service, unless otherwise agreed to by the parties. D. Disputed Amounts. In the event that there is a dispute regarding the amount of money owed by a party, any undisputed amounts shall remain due and payable in accordance with the payment dates and terms established in subsection XIII(B) above. As to any remaining disputed amount, the Committee shall make every effort to resolve that dispute. In the event that the Committee is unable to resolve the dispute, the only means of resolving that dispute will be by the dispute resolution process provided in Section XXII(B). E. Reconciliation of Amount Due After Termination. Within thirty (30) calendar days of the effective date of this Agreement's termination, the parties shall submit to each other a final invoice consistent with the methods of invoicing required above. Final payment and settlement of accounts shall occur within ninety (90) calendar days of the effective date of termination of the Agreement. Any disputed amounts will be resolved in accordance with the procedures in Section XIII(D) above. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY- Page 8 of 15 XIV. ADMINISTRATIVE COMMITTEE TO ADMINISTER AGREEMENT To carry out the purposes of this Agreement, a two-person committee is hereby created to administer this Agreement ("Committee"). The Committee shall consist of the Mayor of the City of Kent and the Fire Chief, or their designees. The Committee shall meet no less than one (1) time per year to discuss the performance of the obligations of the City and the RFA pursuant to this Agreement; provided that either member of the Committee may call additional meetings as deemed appropriate. The Committee may, at its discretion and by mutual agreement of the parties, amend the Exhibits to this Agreement and may, at the Committee's option, develop bylaws, policies, and procedures to aid in the implementation of this Agreement. Unless otherwise specified in this Agreement, all decisions of the Committee must be unanimous. In the event of a dispute of the Committee, such dispute shall be handled in accordance with Section XXII(B) of this Agreement. XV. DURATION OF AGREEMENT This Agreement shall become effective on July 1, 2010. Should this Agreement be ratified by the governing bodies of the City and the RFA after July 1, 2010, this Agreement shall be effective retroactively as of July 1, 2010, and all acts consistent with this Agreement shall be deemed ratified by the City and the RFA. This Agreement shall remain in full force and effect until terminated as provided for in Section XVI. XVI. TERMINATION A. Restriction on Termination. Unless otherwise specifically provided in this Agreement or the Exhibits, this Agreement shall not be terminated prior to January 1, 2013, unless such termination is mutually agreed to by the parties. Pursuant to subsection B of this section, notice of a termination that is to occur on January 1, 2013, shall be provided no later than January 1, 2012, B. Termination by Notice. Except as limited by subsection A of this section, this Agreement, in whole or in part, may be terminated by either party upon providing the other party with 365 days' advance written notice of termination; provided that modifications in levels of service that do not involve a wholesale termination of a particular service shall be governed by Section VIII(I) of this Agreement, and provided further that in the event any of the attached Exhibits specify a different termination period, the period set forth in the Exhibit shall control over this subsection. C. Termination by Mutual Written Agreement. All or any part of the services provided by this Agreement may be terminated at any time by mutual written agreement of the parties. D. Termination for Breach. Either party may terminate this Agreement with thirty (30) days' advance written notice upon the failure of the other party to INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY- Page 9 of 15 make timely payments or provide services as required by this Agreement. Failure to make timely payments or to provide the services required in this Agreement shall constitute a breach. In the event of a breach, the non-breaching party shall provide a written notice describing the breach to the breaching party, and the breaching party will have thirty (30) calendar days to cure the breach, unless that time period is extended by mutual agreement of the parties. If the breaching party fails to cure the breach in the allotted time, the non-breaching party may immediately terminate this Agreement. XVII. INDEMNIFICATION AND HOLD HARMLESS. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible for its own legal costs and attorneys' fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. XVIII. WORKERS COMPENSATION TO BE PROVIDED BY RFA As of July 1, 2010, employees of the RFA will no longer be covered under the City's workers' compensation program which is established pursuant to Title 51 RCW. XVIX. UNEMPLOYMENT INSURANCE TO BE PROVIDED BY THE RFA. As of July 1, 2010, the employees of the RFA will no longer be part of the City's unemployment self-insurance program. XX. LIABILITY INSURANCE. Effective no later than July 1, 2010, each party shall carry and maintain, for the duration of this Agreement, insurance coverage as described below. Coverages shall be written with an insurance carrier admitted in the state of Washington. General and Automobile Liability Insurance: Coverage for damages caused resulting in personal injury, property damage or advertising liability shall be provided. Coverage shall be in an amount not less than $5 Million per Occurrence. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY- Page 10 of 15 The insurance policies of each party shall name the other party and its officials, officers, employees, and volunteers, who are acting within the scope of this Agreement as additional named insureds for any and all actions taken by each party, its officials, officers, employees, and volunteers in the scope of their duties pursuant to this Agreement. The insurance policy or policies shall have a thirty (30) calendar days prior notice of cancellation clause to be given to the other party, in writing, in the event of termination or material modification of the insurance coverage. The insurance shall be written on an "occurrence" basis, rather than a "claims-made" basis. In the alternative, each party may satisfy the requirements of this section by becoming or remaining a participant in an authorized self- insurance pool in the State of Washington if that party can demonstrate protection equal to or greater than that specified herein. XXI. PROPERTY INSURANCE The City will continue to insure all buildings and equipment detailed below through December 31, 2010. The City will ensure the RFA is listed as an Additional Named Insured on the City's property insurance policy with regard to the property and equipment detailed below. Effective January 1, 2011, the RFA will be responsible for insuring all property and equipment detailed below, with the exception of the Fire Station 74/Police Fire Training Center Building, which will be insured by the City through its property insurance program. The RFA will provide evidence of insurance for the specified property by January 1, 2011. A. Property. ESTIMATED ESTIMATED CONST. BUILDING CONTENTS REPLCMNT SQ. VALUE LOCATION NAME ADDRESS COST FOOTAGE FIRE STATION #71 504 W.CROW $1,068,539 10 180 161 191 FIRE STATION #72 25630 -140th SE $504,134 7,779 $72,445 FIRE STATION #73 26512 MILITARY RD $1,668,096 13,000 $138,128 AUXILIARY BLDG #1 $54,843 630 873 AUXILIARY BLDG #2 $86,594 0 FIRE STATION#74(FIRE HEADQUARTERS) 24523 - 116TH AVE SE $2,677,228 29,554 $483,447 MODULAR BLDG $55,000 1,056 $60,000 STORAGE BLDG #1 $5,000 224 $60,000 STORAGE BLDG #2 $5,000 160 $20,000 FIRE STATION#75 15635 -SE 272nd $2,075,900 14,000 $362,224 FIRE STATION#76 (N. INDUSTRIAL STN.) 20676-72nd St.S. $1,192,239 10,621 $345 320 VEHICLE APPARATUS MAINTENANCE BLDG $867,568 12,705 FIRE STATION #77 20717 132ND Ave SE $2,981,125 13,500 $362,224 17820-SE 256th St. FIRE STATION#78 Covington $5,200,000 INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 11 of 15 ESTIMATED ESTIMATED j CONST. BUILDING CONTENTS REPLCMNT SQ. VALUE LOCATION NAME ADDRESS COST FOOTAGE FIRE/ POLICE TRAINING CENTER 24611-116th AVE SE DRILL TOWER $184,264 STORAGE BUILDING 407 Washington Ave.N. $262,406 TOTAL FIRE: STRUCTURE VALUES: $18,887,935 2,695,852 B. Equipment. ESTIMATED APP# YEAR MAKE MODEL SERIAL LIC# CURRENT VALUE 700 1993 CHEV SUBURBAN 71578 24402C $5,000 713 2007 PIERCE QUANTUM TILLER 06814 42040D $949,000 705 2007 MedTec Aid Car 440OLP 86498 42045D $229,000 701 1999 FREIGHTLINER 78436 27296D $140,000 702 2003 ROAD RESCUE H555076 35741D $160,000 703 2003 ROAD RESCUE H555077 36130D 160,000 707 2003 FORD PICKUP 91395 65506C $30,797 709 2003 FORD EXPEDITION 14452 65754C $27,532 704 2005 MEDTEC AID CAR AD170 11388 40926D $173,393 1985 FORD 1 TON PICK-UP 32854 D34130 $5,000 706 2001 PIERCE ENGINE AID 001533 34193D $350,000 708 2001 PIERCE ENGINE AID 001534 34194D $350,000 710 2004 PIERCE PUMPER 04034 38291D $455,727 712 2005 PIERCE PUMPER 04696 4696 $463,250 714 1986 PIERCE TANKER 040163 23852D $100,000 715 1996 SMEAL LADDER TRUCK Z18328 238460 $350,000 724 1998 FORD EXPEDITION 44365 25143D $20,000 727 1989 PIERCE ENGINE/AID CAR 040772 05741D $80,000 728 1989 PIERCE ENGINE AID CAR 040785 05742D $80,000 730 1989 PIERCE ENGINE AID CAR 040808 23877D $80,000 731 1989 PIERCE ENGINE AID CAR 040809 08874C $80,000 732 1989 PIERCE ENGINE/AID CAR 040810 08875C $80,000 733 1983 PORTABLE GENERATOR 9311XM D23270 $5,000 744 1990 BOUNDER BY FLEETWOOD 00215 08749D $150,000 754 1991 EZ LOAD TRAILER 13568 16010C $5,000 756 TORK-LIFT FOAM TRAILER 01638 08790D $1,500 760 1990 HACKNEYISUZU 00640 10781D $100,000 764 1995 FORD F350 4 X 4 66302 20618D $20,000 711 2006 DODGE RAM 44771 42600D $32,675 765 2000INTERSTATE CARGO TRLR 09246 56348C $5,000 766 2001 PIERCE ENGINE/AID 001535 34195D $350,000 767 2001 PIERCE ENGINE AID 001561 58382C $350,000 INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY- Page 12 of 15 ESTIMATED APP# YEAR MAKE MODEL SERIAL LIC# CURRENT VALUE 726 2007 TRAILBLAZER(WMD) 412122 42041D 729 2006 TOP HAT TRAILER 276TO71417 735 WOOLDBRIDGE 20'ALASKAN II-BOAT WLG20153H809 Total of Vehicles/Equipment $5,387,874 XXII. MISCELLANEOUS A. Non-Waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements, or options, and the same shall be and remain in full force and effect. B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties or the Committee are unable to settle any dispute, difference, or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit arising from the parties' performance of this Agreement, each party shall pay all its own legal costs and attorneys' fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the parties' right to indemnification under this Agreement. C. Assignment. Any assignment of this Agreement by either party without the prior written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. D. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party and subject to ratification by the legislative body of each party. E. Compliance with Laws. Each party agrees to comply with all local, federal, and state laws, rules, and regulations that are now effective or in the future become applicable to this Agreement. F. Entire Agreement. The written terms and provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior communications, negotiations, representations or agreements, either verbal or written of any officer or other representative of each party, and such statements shall not be effective or be construed as entering into or forming a part of or INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 13 of 15 altering in any manner this Agreement. All of the Exhibits are hereby made part of this Agreement. G. Severability. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudicated. H. Interpretation. The legal presumption that an ambiguous term of this Agreement should be interpreted against the party who prepared the Agreement shall not apply. I. Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective upon personal service or three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. K. Calendar Days. The word "days" as used in this Agreement shall mean calendar days unless the context otherwise specifically provides that business days are intended. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. RFA: CITY: Kent Fire Department City of Kent: Regional Fire Authority: By: By: Print Nam GYM PCinta e: uzette Cooke Its l! IMayor DATE: �� ZoI� DATE: 9 _3 2e/'D INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY- Page 14 of 15 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ►w,S he, �le�, Ere boe-� 5v2e+1e, (�00 OA c,q o r e,)—, F. e- ' � �rG�`o tc I re fav�Jic�r�� City of Kent �-y,/I - l Ibt� )qVe!5C 220 Fourth Avenue South �:Okjr- w)9 cr Z -?Z) Kent, WA 98032 (253) ;5�--y 3 1 (telephone) (253) 856- 570 (telephone) (253) 9 &300 (facsimile) (253) 856-6 7©0 (facsimile) APPROVED AS FORM: APPROVED AS TO FORM: rian Snure, Arthur "Pat" zp rick, Attorney for RFA Deputy City Attorney P:\Civil\Files\Open Files\1421-Regional Fire Authority\RFAInterlocalAgreemenFINAL072610.docx INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 15 of 15 1. %W --THIS PAGE INTENTIONALLY LEFT BLANK-- .,� Nw- EXHIBIT A TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES RECORDS MANAGEMENT 1.1 Record Ownership. a. RFA records ("RFA Records") shall include: i. All records prepared, owned, used, or retained by the RFA related to the performance of its statutory and contractual duties on or after July 1, 2010. ii. All City Records actually received by the RFA pursuant to the RFA Plan or the interlocal agreement. b. City records ("City Records") shall include: i. All records of the Kent Fire Department prepared, owned, used, or retained by the City related to the performance and operation of the Kent Fire Department for all periods prior to July 1, 2010. ii. All records prepared, owned, used, or retained by the City in relation to Fire Prevention, Fire Investigations, and Emergency Management Services provided by the RFA to the City subsequent to July 1, 2010. iii. All records prepared, owned, used, or retained by the City related to the City's continuing obligations or services as specified in the RFA Plan or by interlocal agreement with the RFA. C. The parties recognize that physical custody of RFA Records or City Records is not determinative of whether the records are RFA Records or City Records and the parties shall work cooperatively in responding to requests for records made pursuant to the rules of subpoena or pursuant to the Washington State Public Records Act. 1.2 Records Custodian. Except as provided below, the RFA will be the primary record custodian of all RFA Records, The City will be the primary custodian of all City Records. The City shall transfer to the RFA the following City Records which, upon receipt by the RFA, shall also be considered RFA Records: a. Personnel Files of all employees transferred from the City to the RFA. EXHIBIT A - RECORDS MANAGEMENT Page 1 b. Civil service files of all civil service employees transferred from the City to the RFA. C. Any other City Records identified in the future that both the City and the RFA agree should be in the custody of the RFA. 1.3 Cost of Transfer. The costs of transferring records shall be shared equally by the RFA and the City. Each party shall be responsible for costs of its own personnel required to transfer the records. 1.4 Requests for Records. The parties recognize that some City Records will be in the custody of the RFA and some RFA Records will be in the custody of the City. The parties establish the processes set forth in Sections 1.5 and 1.6 to provide a method of responding to records requests received through subpoenas and the Public Records Act, or records otherwise requested by the City or the RFA. The method set forth in this Exhibit A shall serve only as a guideline, and may be altered from time to time as necessary. 1.5 Requests for City Records in the Custody of RFA and Directed to or Received by the City. In the event the City receives a public records request, subpoena, or other request for City Records that are in the custody of the RFA, the following process shall be followed: a. The City will advise the RFA in writing that the request has been received. The RFA will have five (5) business days to respond to the City with the records or a reasonable estimate of the time necessary to provide the City with the records. b. The RFA will provide copies, at its sole cost and expense and in the form requested by the City, either directly to the City or directly to the requestor as directed by the City. In the event the City receives payment for the copies provided to the requestor, the City shall forward such payment to the RFA. C. The City will remain responsible for communicating with the requester in compliance with all legal obligations. The City and the RFA shall jointly work to determine which records are to be disclosed to the requestor, and if the request was submitted under the Public Records Act, which records are exempt from disclosure. d. It shall be the responsibility of the City, and at the expense of the City, to defend any claim or lawsuit for a violation of the Public Records Act or laws relating to a subpoena, and pay any damages, fees, costs, or settlements relating to such claim or lawsuit; provided, that in the event the claim or lawsuit relates in any manner to City records in the sole custody of the RFA EXHIBIT A - RECORDS MANAGEMENT Page 2 `. **W that were not provided to the City by the RFA, then the RFA shall defend such claim or lawsuit and pay any damages, fees, costs, or settlements relating to such claim or lawsuit. The City and the RFA agree to cooperate fully in the defense of any such claim or lawsuit. If both the City and the RFA fail to produce all records, they will cooperate in defense and each party will pay all its own legal costs and attorneys' fees. 1.6 Requests for RFA Records in the Custody of the City and Directed to or Received by the RFA. In the event the RFA receives a public records request, subpoena, or other request for RFA Records in the custody of the City, the following process shall be followed: a. The RFA will advise the City in writing that the request has been received. The City will have five (5) business days to respond to the RFA with the records or a reasonable estimate of the time necessary to provide the RFA with the records. b. The City will provide copies, at its sole cost and expense and in the form requested by the RFA, either directly to the RFA or directly to the requestor as directed by the RFA. In the event the RFA receives payment for the copies provided to the requester, the RFA shall forward such payment to the City. C. The RFA will remain responsible for communicating with the requester in compliance with all legal obligations. The City and the RFA shall jointly work to determine which records are to be disclosed to the requester, and if the request was submitted under the Public Records Act, which records are exempt from disclosure. d. It shall be the responsibility of the RFA, and at the expense of the RFA, to defend any claim or lawsuit for a violation of the Public Records Act or laws relating to a subpoena, and pay any damages, fees, costs, or settlements relating to such claim or lawsuit; provided, that in the event the claim or lawsuit relates in any manner to RFA Records in the sole custody of the City that were not provided to the RFA by the City, then the City shall defend such claim or lawsuit and pay any damages, fees, costs, or settlements relating to such claim or lawsuit. The parties agree to cooperate fully in the defense of any such claim or lawsuit. If both the RFA and the City fail to produce all records, they will cooperate in defense and each party will pay all its legal costs and attorneys' fees. EXHIBIT A - RECORDS MANAGEMENT Page 3 --THIS PAGE INTENTIONALLY LEFT BLANK- %NW EXHIBIT B TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT 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, document management, and payroll. C. Subject to City approval, create and adopt policies, procedures, rules, and regulations to clarify the application of the codes. d. Subject to City approval, create and develop forms, letters, and other documents to assist in the application of codes. e. Provide interpretations of codes. f. Approve materials, equipment, and devices used in construction, and the methods of construction to the extent that approval is authorized by the codes. g. Operate front counter for public access to the Fire Prevention Services Division. h. Perform accounting and payroll functions to include invoicing and/or billing of assessed fees, coordinating the collection of fees with the City's Finance Customer Services Division, time- keeping and completion of payroll documents. EXHIBIT B - FIRE PREVENTION SERVICES Page 1 i. Document management, to include creating and maintaining division files, routing of development applications and plans, preparing and imaging retained documentation, and fulfilling public record requests. j. Permit process activities to include the logging and routing of plans, data entry of new applications, assembling and routing of completed application packages. k. Issue, print, and deliver permits. I. Process code complaints or inquiries from the public to include data entry, file creation, and routing of information. M. Schedule and conduct inspections for developers or contractors. n. Perform all duties necessary in order to enforce the codes. o. Evaluate the codes for local adoption and develop local codes or amendments for consideration by the City. P. Review and sign voluntary correction agreements. q. Represent the Fire Chief on the City's Short Subdivision Committee. r. Perform all other tasks related to the provision of Fire Prevention Administration Services. 1.3 Fire Prevention Code Enforcement Services Provided to City. The RFA shall provide the following Fire Prevention Code Enforcement Services to the City: a. Initial fire and life safety inspections of new or relocated businesses. b. Inspections of businesses that are required to have fire code permit(s). C. Investigate and resolve public code violation complaints or inquiries. d. All code enforcement duties related to the fire codes as required by Chapter 1.04 KCC. e. Special inspections required by outside agencies such as Department of Defense, Department of Early Learning, Department of Social and Health Services, and private insurance companies. EXHIBIT B - FIRE PREVENTION SERVICES Page 2 �-- *40. f. Post-disaster building and system inspections and/or evaluations. g. Approval and review fire safety, emergency evacuation, lockdown, shelter-in-place, and hazardous materials management plans. h. Attend and provide testimony and exhibits at Code Enforcement Hearings before the City's Hearings Examiner, and upon appeal, if any, to court. i. Perform all other tasks related to providing Fire Prevention Code Enforcement Services. 1.4 Fire Prevention Development Services Provided to City. The RFA shall provide the following Fire Prevention Development Services to the City: a. Address program activities to include the creation, assignment, verification, issuance, and change of addresses. b. Manage the Knox/Supra rapid entry program. C. Provide development review program services to include answering project inquiries, attending meetings, reviewing plans for code compliance, and approving plans. d. Provide development inspection program services to include pre-construction meetings, inspections, troubleshooting fire protection systems, final acceptance tests, field review of basic permits, coordination with the Building Services Division for the issuance of Certificates of Occupancy. e. Provide economic development activities to include research of properties, systems and code requirements for potential projects and existing buildings. f. Approve hydrant placement on public and private projects. g. Perform hydrant flows to verify available water supply. h. Provide false alarm reduction program activities to include next day follow-up of false alarms from Fire Operations Division, coordinate with property owner/agent on repairs or troubleshooting, quality assurance of incident reports from false alarms, feedback to Fire Operations Division on next steps for problematic systems. EXHIBIT B - FIRE PREVENTION SERVICES Page 3 i. Provide fire protection system confidence test program activities to include evaluation of confidence tests provided by third- parties, issuance of correction notices and/or notices of violation, and drafting of voluntary correction agreements and field inspections. j. Provide Permit Center activities to include customer service, answering phone calls, and meeting with customers and members of the public. k. Perform all other tasks related to providing Fire Prevention Development Services. 1.5 Timeline of Work Provided. All work performed by the Fire Prevention Division shall be performed pursuant to and within the timelines required of the codes, policies, and procedures of the City, and any state or federal laws applicable to the performance of that work. 1.6 Fire Prevention Services Staff Dedicated to City. The RFA will staff nine and one-half (9.5) positions for the provision of Fire Prevention Services to the City, including: a. A Fire Division Chief/Fire Marshal (Currently Jon Napier); b. Two (2) Captains/Assistant Fire Marshals (currently Ray Shjerven and Kevin Nee); C. Four (4) Firefighters/Deputy Fire Marshals (currently Tom Smith, Jeff Humenik, Don Barbarie, and Bruce Verhei); d. One (1) Administrative Assistant II (currently Paula Thayer); and e. One and one-half (1.5) Administrative Secretary II (currently Beth Peterson and Teri Nee). It is recognized that the City is paying for Fire Prevention Services at the above-stated staffing levels, and the RFA acknowledges that it will provide the level of service identified in this Exhibit. In the event a person occupying a position set forth above is on leave for any reason for a period of thirty (30) days or more, the RFA shall, at no expense to the City, cover the position with another employee with sufficient experience and training to ensure the City is provided with the staffing level noted above unless the City agrees that such coverage is unnecessary. 1.7 RFA Staff Overtime Budget. Section 1.13 of this Exhibit B provides the agreed upon payment for any and all overtime worked by the RFA while providing Emergency Management, Investigation, and Fire Prevention Services for the City. Except as provided in the following paragraph, there shall be no additional consideration paid by the City to the RFA for overtime pay in excess of the amount provided in Section 1.13 of this Exhibit B. EXHIBIT B - FIRE PREVENTION SERVICES Page 4 There may be some disaster occurrences that are unanticipated. In the event of an ECC activation, the RFA shall take reasonable measures to reduce the costs of such ECC activation, and the CAO be consulted immediately to discuss the potential operational and overtime costs of the ECC activation. In the event of a Level 2 ECC activation lasting more than twenty-four (24) hours, or a Level 3 ECC activation, the City shall only be responsible for the cost of reasonable overtime work performed by the staff set forth in Section 1.6 above that is performed pursuant to the ECC activation. The City shall not be responsible for overtime performed by Fire Prevention staff who perform other RFA duties that normally would be the RFA's obligation to provide. For example, and not by limitation, the City would pay the overtime of a Fire Prevention staff person inspecting buildings as a result of an ECC Level 3 response, but would not pay the overtime of a Fire Prevention staff person performing shift or line work during the emergency. In the event a Fire Prevention staff person is absent and another staff member is called in to perform his or her work, all overtime costs occasioned by the replacement staff person shall be at the sole cost of the RFA. Any state or federal reimbursement for overtime or regular hours attributable to Fire Prevention staff work that was the City's responsibility shall be transferred back to the City. 1.8 Fire Marshal/Fire Code Official Reports to City's Mayor or Economic and Community Development Director. The City's Fire Marshal/Fire Code Official shall provide reports to the Mayor or the City's Economic or Community Development Director as requested. While the Fire Chief shall have the authority to direct the work of the RFA employees, the Mayor or the City's Economic or Community Development Director, shall be kept informed of the work performed by the RFA employees on behalf of the City, and shall have authority to set the desired outcomes of the Fire Prevention staff. 1.9 To Whom Services Provided. The City shall pay only for Fire Prevention Services provided to the City. The Fire Prevention Services Division may provide services to other agencies by interlocal agreement. In the event the RFA performs Fire Prevention Services for another agency in the future, the RFA shall, prior to entering an agreement with such other agency, provide notice to the City of the RFA's intent to provide services to the other agency, provide the City with the details of the services to be provided, and negotiate with the City the impacts, if any, that the service to the other agency may have on the service level provided to the City. In the event that such services result in an increased cost or decreased level of service to the City, such interlocal agreement for services shall require specific prior written authorization from the City. In the event that the RFA provides Fire Prevention Services to another agency without increasing the number of hours of work provided by the Fire Prevention Services Division staff identified in Section 1.6, the amount the City pays to the RFA for Fire Prevention Services shall be reduced by the value of the hours provided to the other agency. 1.10 Equipment to Perform Services. Office space shall be provided by the City at 400 West Gowe Street, Suite #414, Kent, WA; provided that the City may, with reasonable notice, move the office space in order to meet the needs of the EXHIBIT B - FIRE PREVENTION SERVICES Page 5 City. The City will provide Information Technology equipment, including computers, computer servers, and computer programming, as well as telephone equipment and telephone services pursuant to the Information Technology Exhibit to the interlocal agreement. All other supplies and equipment required to perform the duties called for in this Exhibit B shall be provided by the RFA. For the purposes of performing the services called for herein, and for accounting the RFA shall have access to the City's KIVA system and JD Edwards accounting/billing system. 1.11 Grant Funds. From time to time, the RFA may apply for grant funding. Any grant funding that may directly affect the staffing levels of the Fire Prevention Division shall be first approved by the City. In the event that grant funding is obtained, such funding shall not, without specific City approval, increase the City's cost of Fire Prevention Services or in any manner bind the City to a certain staffing level. Moreover, any grant funding related to the work performed by the Fire Prevention Services Division for the City shall be applied in accordance with the Grant Guidelines to provide Fire Prevention Services. 1.12 Collection and Transmission of Fees and Charges. All money, fees, and charges of any kind collected or charged by the Fire Prevention Services Division for services within the City or as a result of the provision of Fire Prevention Services within the City shall be the sole property of the City and payable to the City. The RFA shall establish a standard procedure for the charging and collection of fees and charges as directed by the City's Finance Department, and shall immediately transmit all such money collected to the City. 1.13 Cost of Fire Prevention Services. In accordance with the Regional Fire Authority Plan, the City shall pay the RFA for Fire Prevention services an amount equivalent to the funding approved by the City Council in the adjusted budget, which was approved by the City Council on June 8, 2010. Beginning in 2011, the City shall pay the RFA $1,802,726.00 annually for the Fire Prevention Services provided by the RFA; provided, that the amount specified shall be adjusted beginning January 1, 2011, as provided in Section 1.14 of this Exhibit; and provided further, that a total of $67,999.00 shall be the amount the City pays the RFA for overtime worked in Fire Prevention, the Office of Emergency Management and Fire Investigation Services; and provided further, that additional overtime may be charged to the City only in accordance with Section 1.7 of this Exhibit B and Section 1.3 of the Office of Emergency Management Exhibit C. 1.14 Cost Adjustments. On January 1 of each year, the cost of Fire Prevention Services and Fire Investigation Services as set forth in Section 1.13 shall be adjusted by the lesser of either 100% of the Seattle/Tacoma/Bremerton CPI-W percentage increase for the period of June to June, or the amount of pay increase pursuant to the Collective Bargaining Agreement negotiated between the RFA and RFA firefighters. EXHIBIT B - FIRE PREVENTION SERVICES Page 6 `. EXHIBIT C TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES OFFICE OF EMERGENCY MANAGEMENT 1.1 Services Provided to City. The RFA shall provide the following Emergency Management Services to the City: a. Administer all emergency management programs. b. Ensure that plans, programs, and training are in compliance with federal and state standards. C. Ensure that adequate training is provided to meet federal mandates. However, the RFA will not be responsible if City staff does not participate or meet these mandates. d. Manage and oversee the Emergency Coordination Center ("ECC") and emergency operations. e. Maintain and update the following plans in accordance with state and federal requirements, as well as any other plans that are required pursuant to future state and federal requirements: 1. Comprehensive Emergency Management Plan; 2. Hazardous Materials Emergency Response Plan; 3. Local Hazard Mitigation Plan; 4. Hazardous Identification and Vulnerability Analysis; and 5. Homeland Security Exercise and Evaluation Program. f. Apply for and manage all disaster recovery grants, Emergency Performance Grants, and other public assistance grants. g. Represent the City and actively coordinate and participate on local and regional groups, committees, and associations to further emergency preparedness, and to keep current on emergency management issues facing the region and the City. The participation may include the following groups, committees, EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT Page 1 or associations, as well as any new local or regional Emergency Management Related groups: 1. Emergency Management Advisory Committee; 2. Training and Exercise Sub-Committee; 3. King County Citizen Corps Sub-Committee; 4. City of Kent Emergency Planning Committee; 5. Regional Strategic Planning Group; 6. Regional Catastrophe Planning Group; 7. Regional Disaster Planning Committee; and 8. Region 6 Homeland Security. h. Continue to manage and oversee the Local Emergency Planning Committee in accordance with federal, state, and City statutes, regulations, and policies. i. Prepare City staff and residents for emergencies by providing the following training: 1. National Incident Management System Training; 2. Emergency Coordination Center Position Training; 3. Department Operation Center Training; 4. Community Emergency Response Training; 5. School Emergency Response Training; 6. Business Emergency Response Training; 7. Flood Preparedness Training; and 8. Debris Management Training. j. Maintain the City's designation as a Storm Ready City. k. Perform all other tasks related to providing Emergency Management Services. EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT Page 2 N%W- 1.2 RFA Staff Dedicated to City Office of Emergency Management, The RFA will staff four (4) positions for the City's Office of Emergency Management: a. A Division Chief/Emergency Manager (currently Dominic Marzano); b. A Firefighter/Program Manager (currently Brian Felczak); C. A Program Coordinator (currently Kimberly Behymer); and d. An Emergency Management Specialist (currently Jennifer Keizer). It is recognized that the City is paying for Emergency Management services at the above-stated staffing levels and the RFA affirms that it will provide the level of service identified in this Exhibit C. These staff members are dedicated to provide City Emergency Management Services and the City shall not be charged for services that normally would be the RFA's obligation to provide. In the event a person occupying a position set forth above is on leave or works a different shift for any reason for a period of thirty (30) days or more, the RFA shall, at no expense to the City, cover the position with another employee familiar with and adequately trained to provide Emergency Management Services in order to ensure the City receives the staffing level noted above unless the City agrees that such coverage is unnecessary. 1.3 RFA Staff Overtime. Section 1.13 of the Fire Prevention Services Exhibit B provides the agreed upon payment for any and all overtime worked by the RFA while providing Emergency Management, Investigation, and Fire Prevention Services for the City. Except as provided in the following paragraph of this Section 1.3, there shall be no additional consideration paid by the City to the RFA for overtime worked in excess of the amount provided in Section 1.13 of the Fire Prevention Services Exhibit B. There may be some disaster occurrences that are unanticipated. In the event of an ECC activation, the RFA shall take reasonable measures to reduce the costs of such ECC activation, and the City's Mayor be consulted immediately to discuss the potential operational and overtime costs of the ECC activation. In the event of a Level 2 ECC activation lasting more than twenty-four (24) hours, or a Level 3 ECC activation, the City shall only be responsible for the cost of reasonable overtime work performed by the staff set forth in Section 1.2 above that is performed pursuant to the Emergency Management function as described in this Exhibit C. The City shall not be responsible for overtime performed by Office of Emergency Management staff who perform other RFA duties that normally would be the RFA's obligation to provide. For example, and not by limitation, the City would pay the overtime of an Office of Emergency Management staff person working in the ECC during an emergency, but would not pay the overtime of an Office of Emergency Management staff person performing shift or line work during the emergency. In the event an Office of Emergency Management staff person is absent and another staff member is called in to perform his or her work, all EXHIBIT C — OFFICE OF EMERGENCY MANAGEMENT Page 3 overtime costs occasioned by the replacement staff person shall be at the sole cost of the RFA. Any state or federal reimbursement for overtime or regular hours attributable to Office of Emergency Management staff work that was the City's responsibility shall be transferred back to the City. 1.4 Authority of City's Mayor. While the Fire Chief shall have the authority to direct the work of the RFA employees, the City's Mayor shall be kept informed of the work performed by the RFA employees on behalf of the City, and shall have authority to set the desired outcomes of the Office of Emergency Management, 1.5 To Whom Services Provided. The City shall pay only for Emergency Management Services provided to the City. The Office of Emergency Management may provide Emergency Management services to other agencies by interlocal agreement. In the event the RFA performs Emergency Management services for another agency, the RFA shall, prior to entering into an agreement with such other agency, provide notice to the City of the RFA's intent to provide services to the other agency, provide the City with the details of the services to be provided, and negotiate with the City the impacts, if any, that the service to the other agency may have on the service level provided to the City. In the event that such services result in an increased cost or decreased level of service to the City, such interlocal agreement for services shall require specific prior written authorization from the City. In the event that the RFA provides Emergency Management Services to another agency without increasing the number of hours of work provided by the Office of Emergency Management staff identified in Section 1.2 above, the amount the City pays to the RFA for Emergency Management Services shall be reduced by the value of the hours provided to the other agency. 1.6 Collection and Transmission of Fees and Charges. All money, fees, and charges of any kind collected or charged by the Office of Emergency Management or as a result of the provision of Emergency Management Services for the City shall be the sole property of the City and payable to the City. The RFA shall establish a standard procedure for the charging and collection of fees and charges as directed by the City's Finance Department, and shall immediately transmit all such money collected to the City. 1.7 Grant Funds. From time to time, the Emergency Management Services Division will apply for grant funding. Any grant funding that may directly affect the staffing levels of the Office of Emergency Management as set forth in Section 1.2 shall be first approved by the City. In the event that grant funding is obtained, such funding shall not, without specific City approval, increase the cost to the City of Emergency Management Services or in any manner bind the City to a certain staffing level. Moreover, grant funding relating to the work performed by the Office of Emergency Management for the City shall be used in accordance with the Grant guidance to provide Emergency Management Services. 1.8 RFA to Provide Equipment to Perform Services. All office space, supplies, and equipment will be provided by the RFA at 24523-116th Ave S.E, Kent, WA; provided, the City will provide information technology equipment, including EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT Page 4 computers, computer servers, and computer programming, as well as telephone equipment and telephone services pursuant to the interlocal agreement. Further, the City will provide the ECC its current location at 24523-116th Ave S.E, Kent, WA. 1.9 Report Regarding Services Provided. The Division Chief/Emergency Manager, or the most senior officer of the Office of Emergency Management, shall, no less than quarterly, provide a written report to the CAO regarding the past, present, and future functions of the Office of Emergency Management, and shall provide the CAO with the quarterly reports required of the interlocal agreement. 1.10 Cost of Emergency Management Services. In accordance with the Regional Fire Authority Plan, the City shall pay the RFA for Emergency Management Services an amount equivalent to the funding approved by the City Council in the adjusted budget which was approved by the City Council on June 8, 2010. Beginning in 2011, the City shall pay the RFA $520,620.00 annually for the Emergency Management services provided by the RFA; provided, that the amount specified shall be adjusted beginning January 1, 2011, as provided in Section 1.11 of this Exhibit C, and provided further, that pay for overtime in accordance with Section 1.3 of this Exhibit shall be paid in accordance with the payment section of the interlocal agreement. 1.11 Cost Adjustments. On January 1 of each year, the cost of Emergency Management Services as set forth in Section 1.10 shall be adjusted by the lesser of either 100% of the Seattle/Tacoma/Bremerton CPI-W percentage increase for the period of June to June, or the amount of pay increase pursuant to the Collective Bargaining Agreement negotiated between the RFA and RFA firefighters. 1.12 Crisis Intervention Coordinator. The RFA shall employ a Crisis Intervention Coordinator. The Crisis Intervention Coordinator shall serve equally the RFA and the City. The RFA shall pay the salary and benefits of the Crisis Intervention Coordinator and provide the Crisis Intervention Coordinator with a vehicle which shall be utilized for the performance of his or her duties; provided, the City shall pay $30,000.00 to the RFA and provide the Crisis Intervention Coordinator with office space, a telephone, and a computer as consideration for equally using the services of the Crisis Intervention Coordinator. The amount specified in this Section 1.12 shall be in addition to the amount set forth in Section 1.10 of this Exhibit. The duties of the Crisis Intervention Coordinator shall be consistent with a job description that shall be developed by the RFA and the City jointly. The Crisis Intervention Coordinator shall remain an at-will employee of the RFA at all times. EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT Page 5 --THIS PAGE INTENTIONALLY LEFT BLANK-- .� No.. EXHIBIT D TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES FIRE INVESTIGATION SERVICES 1.1 Services Provided to City. The RFA shall provide the following Fire Investigation Services to the City: a. Investigate the cause and origin of fires, interview suspects and witnesses, examine fire scenes, document findings and prepare reports, collect and protect evidence, arrest and transport suspects, cooperate with prosecutors, file cases in court, be available for interviews and courtroom testimony, and other associated duties. b. Investigate all fires that are arson, suspicious, injurious, and fires with a loss of $10,000 or more. C. Coordinate arson investigation activities with the Kent Police Department as necessary. d. Identify juvenile fire setters and coordinate intervention and counseling. e. Staff the 24/7 Fire Investigation Unit by responding to all working fires when requested. f. Participate in the Alcohol Tobacco and Firearms (ATF) Puget Sound Arson Explosives Taskforce by Memorandum of Understanding. g. Participate in regional and state fire investigative organizations and activities. h. Perform all other tasks related to providing Fire Investigation Services. 1.2 Commissioned Investigators. Investigators who perform the fire investigation services shall retain no less than a limited commission as a law enforcement officer in the City as determined by the Police Chief. EXHIBIT D - FIRE INVESTIGATION SERVICES Page 1 1.3 Uniformed Police Officer When Arrest Made. Every effort shall be made to have a uniformed commissioned police officer present when making an arrest in the City. 1.4 Evidence Retention. All evidence gathered during the criminal investigation of a fire or other event for which Fire Investigative Services are provided shall be maintained by the evidence custodians of the City's Police Department pursuant to the policies and procedures for the maintenance of evidence set forth by the City's Police department. 1.5 Inform Police Chief. The Fire Investigation Services Division shall make every attempt to keep the City's Police Chief or his or her designee informed as to the status of all fires in the City that occur as a result of suspected or confirmed criminal conduct by providing status reports of investigations as the investigations evolve. 1.6 Fire Investigation Services Dedicated to City. Fire Investigation Services staff will be directly supervised by the RFA's Fire Marshal/Fire Code Official who also supervises the Fire Prevention Services Division, The RFA will staff three (3) positions for the provision of City Fire Investigation Services, including: a. A Captain (currently Eric Pedersen); and b. Two (2) Firefighters (currently Fritz Winniger and Rusty Olsen). It is recognized that the City is paying for Fire Investigation Services at the above stated staffing levels and the RFA affirms that it will provide the level of service identified in this Exhibit D. Further, these staff members are dedicated to provide City Fire Investigation Services and the City shall not be charged for services that normally would be the RFA's obligation to perform. In the event a person occupying a position set forth above is on extended leave for any reason for a period of thirty (30) days or more, the RFA shall, at no expense to the City, cover the position with another employee familiar with and adequately trained to provide Fire Investigation Services in order to ensure the City receives the staffing level noted above unless the City agrees that such coverage is unnecessary. 1.7 RFA Staff Overtime Budget. Combined, the four (4) positions shall work shifts in a manner that provides Fire Investigation Services to the City twenty- four (24) hours a day, seven (7) days per week. Section 1.13 of the Fire Prevention Services Exhibit B provides the agreed upon payment for any and all overtime worked by the RFA while providing Emergency Management, Investigation, and Fire Prevention Services for the City. 1.8 Valley Regional Fire Authority (VRFA) Staff. The RFA also currently uses a Fire Investigator employed by VRFA. The VRFA investigator works for the RFA pursuant to an interlocal agreement between the RFA and VRFA, which was established prior to the formation of the RFA and which expires on August 15, 2010. The purpose of having the VRFA investigator work as a member of the City's Fire Investigation Services Division was to permit the staffing of a Fire Investigator EXHIBIT D - FIRE INVESTIGATION SERVICES Page 2 twenty-four (24) hours per day, seven (7) days per week. The RFA and the VRFA will attempt to negotiate a new interlocal agreement that retains the VRFA investigator beyond December 31, 2010, in such a manner as to maintain the level of service to the City provided by the interlocal agreement and this Exhibit D without additional cost to the City. Nothing in this Exhibit D shall bind the City to any relationship with VRFA for the provision of the Fire Investigator, and nothing in this Exhibit shall delegate authority to the RFA to bind the City to any relationship with VRFA. The Fire Investigation Services Division may provide Fire Investigation Services to other agencies by interlocal agreement. In the event the RFA performs Fire Investigation Services for another agency in the future, the RFA shall, prior to entering an agreement with such other agency, provide notice to the City of the RFA's intent to provide services to the other agency, provide the City with the details of the services to be provided, and negotiate with the City the impacts, if any, that the service to the other agency may have on the service level provided to the City. In the event that such services result in an increased cost or decreased level of service to the City, such interlocal agreement for services shall require specific prior written authorization from the City. In the event that the RFA provides Fire Investigation Services to another agency without increasing the number of hours of work provided by the Fire Investigation Services Division staff identified in Section 1.6, the amount the City pays to the RFA for Fire Investigation Services shall be reduced by the value of the hours provided to the other agency. 1.9 Fire Marshal/Fire Code Official Reports to City's Police Chief. The City's Fire Marshal/Fire Code Official shall provide official reports to the City's Police Chief on request. While the Fire Chief shall have the authority to direct the work of the RFA employees, the City's Police Chief shall be kept informed of the work performed by the RFA employees on behalf of the City, shall have authority to set the desired outcomes of the Fire Investigation staff, and may establish policies and procedures for the conduct of the work of the Fire Investigations staff related to police action/enforcement. 1.10 RFA to Provide Equipment to Perform Services. Office space shall be provided by the City at 400 West Gowe Street, Suite #414, Kent, WA; provided that the City may, with reasonable notice, move the office space in order to meet the needs of the City. The RFA shall provide station/sleeping quarters to Fire Investigators, as well as all office supplies, vehicles, and equipment not identified as being provided by the City. The City will provide Information Technology equipment, including computers, computer servers, and computer programming, as well as telephone equipment and telephone services pursuant to the interlocal agreement. 1.11 Fire Investigator Equipment Provided by City. The City, through its Police Department, will provide a firearm with holster, ballistic vest, ammunition, and related equipment to the City Fire Investigators, as well as police training regarding the use of such equipment. EXHIBIT D - FIRE INVESTIGATION SERVICES Page 3 �.. NN.. 1.12 Report Regarding Services Provided. The Fire Marshal/Fire Code Official shall, no less than quarterly, provide a written report to the City's Mayor and the Police Chief regarding the past, present, and future functions of the Fire Investigation Services Division, and shall provide the Mayor with the quarterly reports required of the interlocal agreement. 1.13 Grant Funds. From time to time, the RFA may apply for grant funding. Any grant funding that may directly affect the staffing levels of the Fire Investigation Services Division shall first be approved by the City. In the event that grant funding is obtained, such funding shall not, without specific City approval, increase the cost to the City of Fire Investigation Services or in any manner bind the City to a certain staffing level. Moreover, grant funding related to the work performed by the Fire Investigation Services Division for the City shall be used in accordance with the grant guidelines to provide Fire Investigation Services. 1.14 Collection and Transmission of Fees and Charges. All money, fees, and charges of any kind collected or charged by the Fire Investigation Services Division for services within the City or as a result of the provision of Fire Investigation Services within the City shall be the sole property of the City and payable to the City. The RFA shall establish a standard procedure for charging and collecting fees and charges as directed by the City's Finance Department, and shall immediately transmit all such money collected to the City. 1.15 Cost of Fire Investigation Services. Beginning July 1, 2010, and in accordance with the Regional Fire Authority Plan, the City shall pay the RFA for Fire Investigation Services an amount equivalent to the funding approved by the City Council in the adjusted budget, which was approved by the City Council on June 8, 2010. Beginning on January 1, 2011, the City shall pay the RFA $384,704.00 annually for the Fire Investigation Services provided by the RFA; provided, that the amount specified shall be adjusted beginning January 1, 2011, as provided in Section 1.16 of this Exhibit D. 1.16 Cost Adjustments. On January 1 of each year, the cost of Fire Investigation Services as set forth in Section 1.15 shall be adjusted by the lesser of either 100% of the Seattle/Tacoma/Bremerton CPI-W percentage increase for the period of June to June, or the amount of pay increase pursuant to the Collective Bargaining Agreement negotiated between the RFA and RFA firefighters. EXHIBIT D - FIRE INVESTIGATION SERVICES Page 4 L. EXHIBIT E TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT 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 750 or more attendees at any one time or over the course of one (1) day of the event. For the purposes of this Exhibit E, the term "emergency medical presence" shall mean the attendance at a ShoWare event of at least two (2) RFA employees who are of the rank of firefighter or higher. 1.2 Services to be Provided at no Charge for Certain Events. The RFA shall provide a medical presence at all Thunderbirds hockey games, arena football games, and lingerie football games, and shall not charge the City or SMG for the emergency medical presence at these events. 1.3 RFA May Charge for Other Events. The RFA will charge SMG for the emergency medical presence for any event not specified in Section 1.2 of this Exhibit E. The actual costs of providing the emergency medical presence shall be based on the Washington State Fire Chiefs Association current rate schedule. 1.4 RFA to Have Access to ShoWare Facilities. For the purpose of providing an emergency medical presence at the ShoWare Center, the RFA shall have access to a room in which to perform examinations of patients and provide emergency medical services, and shall have access to telephones and a computer for the purposes of communications and report writing. EXHIBIT E - SHOWARE CENTER Page 1 ,%- `► --THIS PAGE INTENTIONALLY LEFT BLANK-- �.. Ift.. EXHIBIT F TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES INFORMATION TECHNOLOGY - TELEPHONE - INFORMATION MANAGEMENT SERVICES 1.1 Purpose. This Exhibit F details the agreement between the City and the RFA for the City's provision of Information Technology Services ("IT Services") to the RFA by the City of Kent's Information Technology Department ("IT"). This Exhibit F describes the scope of work and responsibility for all parties as it relates to the ownership, operation, maintenance, and repair of the data, telecommunications, networking infrastructure, and associated systems and applications installed for the operation of the RFA. 1.2 Maintenance of Supported Systems. IT has installed and will maintain the telecommunications, cable plant, data network, computers, multi-function devices, servers, applications, and associated servers specifically identified in Table 1, Supported Systems ("Supported Systems"), for the RFA pursuant to the terms of this Exhibit F. IT will keep the supported systems operational on an "as-is" basis, consistent with the operational level the City provided to the Supported Systems and hardware as of June 30, 2010; provided, any upgrades to the City's system that occur after June 30, 2010, which affect the operability of the supported systems, will be kept operational at the upgraded level. Application support shall be limited to the correction of problems that prevent proper operation of an operating system or supported software or application that was owned by the City and utilized by the Kent City Fire Department on June 30, 2010. To this end, the RFA accepts the operational level and capabilities of the City's Supported Systems in an "as-is" condition as of June 30, 2010. SUPPORTED SYSTEMS* SYSTEM LOCATION Telecommunications Telephone Switch ear Telephone Sets IP Not to include installation Telephone Sets (Analog) Not including installation Telephone Signal Server Cross Connections to PSTN Provisioned Data Circuits ISDN Cell Phones Pagers ECC Message Center Rollover Switch Cable Plant Cat 5 6e Network Cabling EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 1 SUPPORTED SYSTEMS* SYSTEM LOCATION Data Network Internet Connectivity Data Firewall Network Switch Equipment Computers City Computers in RFA Offices and Spaces Mobile Data Computers Multi-Function Devices MFDs Multi-Function Devices MFDs / Copiers Servers Email (Exchange) Active Directory/Domain Controller File Server Outlook Web Access Blackberr /SmartPhone Microsoft Exchange Hosted SPAM Filter Applications &Associated Servers that are Current Standard &Maintained as of June 30 2010 RescueNet FireRMS/M FireRules (SQL Database Support Only) SMS Feed for FireRMS Oracle Imaging/Scanning Permitting Kiva Web A - Resident Request Tracking ArcGIS Tiburon - Police RMS CAD GUI Mobile Share Point Cit S ace/Teams ace Code Red - Emergency Notification Crystal Enterprise Reporting Sta eIT Dynamics GP (SQL Database Support Only) Netmotion CAD Mobile GUI Internet Explorer Microsoft Office Workstation Operating System Adobe Acrobat Pro Software Microsoft Visio Microsoft Project * Table 1. Supported Systems 1.3 Cost of Maintenance of Supported Systems. Addendum A to this Exhibit F represents a baseline estimate of the costs associated with the maintenance of the Supported Systems described in Table 1 and set forth in Section 1.2 of this Exhibit. IT staff time for Supported Systems is built into and represented in the baseline estimate set forth in Addendum A to this Exhibit F. There are additional City staff costs that will be chargeable to the RFA for the Additional Services set forth in Section 1.4 of this Exhibit. The fee schedule for staff hours is set forth in Section 1.5 of this Exhibit. In addition, certain costs, referred to as Pass-Through Costs, are not included in Addendum A, and shall be assessed to the RFA as an additional charge. Those Pass-Through Costs are set forth in Section 1.6 of this Exhibit. EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 2 1.4 Additional Services Provided. Additional Services are not considered Supported Systems, are not captured in the cost estimate of Addendum A, and therefore, are subject to staff hourly charges. The Additional Services are as follows: a. Telephone, Computer, and Other IT Equipment Set Move/Add/Change. The RFA shall pay a separate charge for any move/add/change ("MAC") of any telephone set, computer, or other IT equipment, which will include the cost of any City staff time and any materials required to execute the MAC, including but not limited to any cables, computers, telephone sets, and equipment; provided, the RFA will be entitled to six (6) hours of IT service per month at no additional charge, and such service shall be considered part of the maintenance of supported systems. All staff time and materials will be invoiced to the RFA at the City's cost on a monthly basis. b. Support of Non-City Devices. Non-City devices are those devices that are not integrated into the City's IT systems and are either purchased privately by an RFA employee for business use or were purchased by the RFA in a process that does not ensure integration with the City's IT services and systems. With non-City devices, IT will make its best efforts to do the following at an additional cost to the RFA: 1. IT will provide its best efforts to establish and maintain data network or telecommunications connectivity and support. IT may, at its sole option, provide additional services beyond data network or telecommunications connectivity depending upon knowledge of the device or system and availability of staff, and at an additional cost to the RFA. 2. In the event of a device problem or failure, IT will provide its best efforts to replace the unit with a spare unit provided by the RFA, if available, and establish and maintain data network or telecommunications connectivity and support. C. Multimedia Services. Multimedia services are not considered supported systems, shall be performed only on a project-by-project basis, and will be subject to hourly staff rates. The Multimedia Division will develop and provide estimated costs for any projects requested by the RFA.. d. Unique Support Service Requests. The nature of the business activity within the offices and spaces occupied and managed by the RFA may require installation of unique or larger than normal scale equipment sets or configurations in order to support unique business needs. Some service requests may incur charges beyond the scope of covered services in the interlocal agreement between the RFA and the City, which may be provided by IT at an additional cost to the RFA. Without limitation, examples of these services are: EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 3 `►- %W, 1. Cable plant additions requiring installation and routing of Cat 5/6e or fiber optic cable. 2. Provision of network ports that would require the purchase of additional network switchgear or other support hardware. 3. Expansion of services that would require the purchase of additional hardware. 4. Addition or expansion of networked data services, software, and applications. In these situations, the costs, vendors, and other circumstances surrounding the service request must be mutually agreed to by the City and the RFA in writing prior to proceeding. It is recommended that the RFA request a planning meeting with IT at least three (3) weeks prior to such an event in order to completely plan and provide a scope of work and timeline for completion. 1.5 Additional Service Staff Costs. The Additional Services set forth in Section 1.4 are not considered Supported Systems under Table 1, are not set forth in Addendum A, and therefore, will result in additional staff charges to the RFA. Staff time for additional services shall be charged at the following rates: Technical Services Division: $65/hour Systems Division Services: $93/hour Multimedia Graphics Services: $45/hour Multimedia Video Services: $65/hour PW GIS Division Services: $80/hour The above rates shall be adjusted on January 1 of each year by the lesser of 100% of the Seattle/Tacoma/Bremerton CPI-W for the period of June to June, or the amount of pay increased pursuant to the City's annual budgetary process. 1.6 Pass-Through Costs. The following costs and charges are not reflected in Addendum A and will be passed-through to the RFA on a monthly basis. a. Telephone Charges. The following telephone charges will be billed to the RFA: 1. Long Distance and Special Services and Charges. Long distance charges and special charges of the RFA, such as but not limited to calls to "information," and telephone- based alarm systems, using the City's telephone system will be charged at the rate charged to the City. 2. Cellular Phone Charges. All cellular service charges attributable to RFA employees, including but not limited EXHIBIT F- INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 4 to monthly services charges, call charges, texting charges, application charges, and telephone hardware charges will be billed to the RFA at the rate charged to the City. 3. Pager Services. All pager service charges attributable to RFA employees, including but not limited to monthly services charges and pager hardware charges will be billed to the RFA at the rate charged to the City. b. Multifunction Device/Copier Fees. The monthly lease rate and fees of the multifunction devices/copiers used by the RFA are reflected in Addendum A. However, the per page charge for services related to, but not limited to, copies, printed or scanned documents, and facsimiles, is not included in Addendum A, and shall be charged to the RFA at the rate charged to the City on a monthly basis. C. Consultant and Contractor Costs. From time to time, IT utilizes contractors and consultants to perform various IT-related services. In the event that such services are needed to perform services related to the IT work performed for the RFA, IT staff will first meet with RFA staff to establish a cost estimate and scope of work. In the event the RFA agrees with the cost estimate and scope of work, the RFA shall be responsible for all costs of the consultant that are attributable to the scope of work agreed upon. e. Equipment and Material Costs. From time to time, the RFA will be required to replace failing technology equipment, or will purchase additional technology equipment. In the event that new equipment is needed or desired, IT staff will first meet with RFA staff to establish a cost estimate of the new equipment. In the event the RFA agrees with the cost estimate, the RFA shall be responsible for all costs of the new equipment. If the RFA chooses to purchase new equipment not supported by IT, the RFA is responsible for all costs of the new equipment and its maintenance through a party other than IT. 1.7 Costs for Kiva Permitting System and Tiburon System. It is understood that the Kiva Permitting System and the Tiburon System are systems that exclusively support City functions. Therefore, the costs of maintaining and operating such systems shall be costs of the City. 1.8 Equipment Ownership —Non-Transfer — New Equipment - Exceptions. The City shall retain and maintain sole ownership and title to all equipment related to IT Services owned by the City prior to July 1, 2010, including but not limited to personal computers, monitors, keyboards, mice and accessories attached to personal computers, mobile data computers, laptop computers, docking stations and keyboards, mice and accessories attached to and to accommodate laptop computers, printers, multi-function devices (copier/printer/scanner/fax machine), telephone switching equipment, telephone sets, cell phones, pagers, network switching and routing equipment, uninterruptible power supply units connected to EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 5 or supporting City owned equipment, cables, cords, racks and ancillary equipment operated and maintained by IT, servers, disk arrays, rack equipment and seismic protection equipment, software licenses for operating systems, applications, and databases. This Exhibit F shall in no way be interpreted to confer ownership or title to the aforementioned equipment to the RFA at any time prior to or following July 1, 2010. In the event the RFA needs to replace existing equipment, or desires to expand or upgrade its equipment, such replacement and expansion shall be at the sole cost of the RFA, and any new equipment purchased pursuant to such replacement or expansion shall be owned by the RFA; provided, that any equipment that is purchased by the RFA and integrated into the City-owned equipment in such a manner that future separation from City equipment will result in a cost to the City, the City shall become the owner of the equipment purchased by the RFA at no cost to the City or, in the alternative, the RFA shall reimburse the City for any costs of separation. Notwithstanding other representations made in this section, the following equipment shall remain the property of the RFA, and shall not be considered property of the City: Equipment Description Name Serial Number RescueNet Fire RMS Database Server FDDBP01 USE828NAZP Citrix Terminal Server SNPROCTXOP05 USE532C057 Citrix Terminal Server SNPROCTXOP06 USE532C056 SMS Server (production) FDAPP01 2UB439002S SMS Server (test) FDAPD01 UB4390054 Scanner in Fire Admin. DR-3080C CC307331 Scanner in Fire Prevention DR-3080CII DF323303 Scanner in FS #73 DR-3080CII DF312203 Blackberry Server TBD TBD WebEOC Server WebEOC E0CWBP01 1.9 Backups and Data Recovery. IT is responsible for data backup and recovery services. Except as provided in subsections (a) and (b) below, data backups are performed every twenty-four (24) hours, Monday through Friday, and server operating system and operating data files are backed up once per month. a. The following servers and data sets will be backed up: 1. Server operating systems and operating system files (monthly); 2. User Directories and Profiles; 3. Public (departmental/workgroup) directories, on file servers or attached storage; and 4. Email (email is backed up for purposes of system data recovery, and not for archiving purposes.). Recovery of specific emails from any given date may not be possible. EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 6 `. *4.. b. The following systems and data sets will not be backed up. 1. Data stored on individual PC hard drives; and 2. Any other systems not specifically named in the paragraph above. In the event that data recovery is necessary, the data recovery point will be the time of the last backup. In many cases, this will be twenty-four (24) hours or less. It is anticipated that the time it takes to recover data will generally be three (3) business days or less. RFA staff are to coordinate and work with IT staff on required backup and maintenance plans for any databases used in association with the applications identified in the Supported Systems set forth in Table 1. It is agreed that the backup system shall not be relied upon by the RFA as a data archiving system. The RFA understands that data not properly archived may be lost and not recovered by use of the backup system. The RFA will use its best efforts to procure, install, and maintain a data archiving system that complies with Washington regulations regarding the archiving of public records. The recovery of data for any purposes other than to recover from a system failure shall be at the sole cost of the RFA. 1.10 Problem Reporting, Prioritization, and Response. RFA users needing IT service assistance should call ext 4266 to log the problem into the City's trouble ticket system. Once logged, the problem will be assigned a trouble ticket number and will be dispatched to an IT engineer for resolution. The IT engineer is responsible for contacting the user(s) and to establish a time that they will respond and begin work to resolve the issue. a. The table below lists the standard criteria and guidelines for response and resolution for reported problems. There may arise in the course of events that two (2) or more high or urgent priority calls are actively in the IT's queue, and the ability to respond according to the criteria and guidelines below may be impaired. An occurrence of this nature is contemplated to be rare. In the event that multiple issues are logged and are considered urgent or high priority, consideration will be given to responding first to issues that directly affect: 1) public safety, 2) life, 3) property, 4) business operations. b. For the purposes of Table 3 below, the terms that follow shall have the following definitions: 1. Response Time: The time elapsed from the time a problem is reported to the time that a service engineer contacts the customer to arrange for service. 2. Turnaround Time: The time elapsed from the time a problem is reported to the time that a final resolution to EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 7 the problem has been made, and the issue/problem has been closed. The turnaround times are guidelines and are not guaranteed. Turnaround times for Service Requests are as mutually agreed upon at the time the request is entered, and may be amended by the City as necessary. 3. Alert: In cases of an urgent problem, or in cases of unusual or extreme failures, an alert indicates that upper IT Management has been notified of the problem, and are also directly involved in the resolution process. 4. Service Request: Service requests are activities that are not problems or break/fix incidents. Examples of Service Requests are: • System moves; • Telecom moves, adds or changes (MACS); • Telecom system programming - voicemail, forwarding, call hunt, etc.; • New user account setup; • Software installation/training; • Database management or repairs beyond normal maintenance; • Data extraction/export, or translation; • Custom report development and preparation; and • Application development/enhancement or modifications. C. The RFA shall enter service requests as soon as the need is known, in order to allow as much lead time as possible for IT to plan and arrange the appropriate resources to accommodate the request. Requests received less than two (2) business days before their needed completion may not be completed in time. Priority Criteria Dispatch Response Turnaround Action Time Time Entire Site or Sites affected Immediate 1 - Urgent - unable to work - network, g telecom., application or Alert and Immediate ASAP server roblem Dispatch User or Users completely Immediate 2 - High unable to perform job Dispatch 30 Minutes 1 Business Day function due to problem User or Users able to perform job function on Dispatch 3 - Medium another machine or limited 3 Hours 3 Business Days ability on affected Queue machine(s) EXHIBIT F- INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 8 Priority Criteria Dispatch Response Turnaround Action Time Time Inconvenience to user or Dispatch 4- Low users. Ability to perform 8 Hours 1 Week .ob function not affected, Queue 5 -Service Not Break/Fix related - Dispatch Request moves adds changes etc Queue 8 Hours As arranged Table 3. Problem Prioritization and Response Times 1.11 Operations Hours. IT Service Desk Hours are 8 a.m. — 5 p.m., Monday through Friday. On-call emergency service is available for Priority 1 (urgent) service events. In these situations, the RFA shall contact IT's after hours service number (253-856-4616) to reach the on-call service engineer. After hours calls received that are not Priority 1 will be responded to on the next business day. 1.12 Service Availability Standards. The service availability standards set forth in Table 4 apply to services provided by and maintained by IT. They represent a target availability of the noted services. These standards are exclusive of planned or scheduled outages for maintenance or upgrade. Service or System Availability Standard ✓ Telephone System - Voice Calls Fax Calls - In/Outbound 99.999% "5 Nines" ✓ Voicemail 99.99% ✓ Internet Connectivity 99.99% ✓ Email Server Availability 99.99% ✓ Internet Email Transmitted Received 99.990/0 ✓ File Server Availability 99.99% ✓ RFA Facilities Local Area Network Availability 99.99% ✓ Wide Area Fiber Optic Links - City Hall to RFA Sites 99.999% ✓ Wireless Network Access Points 99.00/0 Table 4. Service Availability Standards 1.13 Routine Scheduled Maintenance. The Table 5 below defines the scheduled maintenance windows for services, servers, and devices. Unless otherwise noted, all maintenance occurs on the first Saturday of each calendar month. In cases of some Saturdays that fall on or close to holidays, this schedule may be altered. Upon request, this schedule may be changed to accommodate other special requirements of the RFA; provided that the RFA shall cover all costs of such schedule change. Other minor "windows" may be added, or these published windows may be modified upon discussion and mutual consent of both parties. These adjustments to the schedule may be for convenience or necessity, but in no case will occur without mutual agreement by both parties. Service or Device Maintenance Window Core Network Services 0800 - 1000 Telecommunications 0700 -01100 Servers Email and File Server 0900 - 1200 EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 9 1. '`,. Service or Device Maintenance Window Domain Controller and Network Services 0900 - 1200 Active Director Server PC Workstations As Needed Other Devices As negotiated Table S. Scheduled Maintenance Windows 1.14 Network, Email, Internet, and Social Media Policy. As a condition of the City providing IT Services to the RFA as set forth in this Exhibit F, the RFA shall, no later than September 1, 2010, establish Network, Email, Internet, and Social Media Policies consistent with City policies. The RFA shall also establish a policy relating to the use of the City's IT equipment, including computers, cell phones, and pagers, for RFA purposes no later than the September 1, 2010, deadline. IT shall have the authority to require prior approval of any policies established pursuant to this section, or to require amendment of any adopted policy if the policy places a burden on the City's operation of its Supported Systems. 1.15 Payment and Reconciliation. In consideration of the services set forth in this Exhibit, the RFA will pay the City in accordance with the payment terms of the interlocal agreement, as amended by this Exhibit. a. Payment. The City will invoice the RFA for IT Services on a monthly basis. That invoice will include the following: 1. 1/12 of the cost of maintenance of Supported Systems as set forth in Addendum A; 2. Additional Service staff costs attributable to Additional Services performed during the preceding month and reconciled on the current month's invoice; and 3. Any Pass-Through Costs attributable to the preceding month and reconciled on the current month's invoice. b. Reconciliation. At the conclusion of each calendar year, representatives of the City and the RFA will meet to reconcile the costs estimated by the parties to provide IT Services to the RFA with the actual costs incurred by the City in providing those services. This reconciliation meeting shall occur no later than January 315C of the following year. 1. Upon completing that reconciliation, the following will occur: (i) If the actual costs to provide IT Services to the RFA were less than what was anticipated, the RFA will receive a credit equal to that difference, which will be used to offset the next month's bill (and any immediately succeeding bills, if necessary) for any renewal or extension to the term provided for by this Exhibit. EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 10 ,` %.. (ii) If the actual costs to provide IT Services to the RFA were more than what was anticipated, billed, and paid by the RFA, the RFA will receive a debit, which will be added to the next month's bill for any renewal or extension to the term provided for by this Exhibit. 2. This annual reconciliation will ensure that: (i) The City is paid based on the actual costs incurred to support and maintain systems identified above; and (ii) The RFA does not pay the City for more than the actual costs incurred to support and perform the services identified under this Agreement. 3. Annual adjustments will be made to Addendum A after the annual reconciliation meeting and during the month of February to reflect the anticipated costs for providing services during the next renewal term of this Exhibit F as provided for in Section 1.16 below, based upon the actual costs incurred in providing those services during the preceding calendar year. In accordance with the terms of the interlocal agreement, annual adjustments are subject to Administrative Committee approval before becoming effective. During this annual update of Addendum A, any changes to the scope of services, supported infrastructure, and applications are to be reviewed and agreed upon by both parties, and approved by the Administrative Committee. 1.16 Term. The initial term of the services provided pursuant to this Exhibit F will be for the period of July 1, 2010, through December 31, 2011. If IT Services are to be extended to the RFA beyond December 31, 2011, the parties will negotiate that term extension and the costs of those IT Services to be provided no later than October 1, 2011, and those negotiations may result in an amendment to this Exhibit F. The term of the services provided under the interlocal agreement and this Exhibit shall align with the City's calendar year budget. 1.17 Amendments to Exhibit F. As provided for in the interlocal agreement, this Exhibit F may be amended at anytime by written authorization of the Administrative Committee. 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C N r0 @ in W 41 O U) r9 .� i � t0 + Q vi c ^ a +� O O z � ru U O a V) m a ^ UO c a O (� Y 0r � L aJ n L O O a) +� Li- V) >O T m. z m > O , v1 '' u U u.i v O a L z v m c c O Y a T Y = O OJ -0v W +' O = O O J Ln a) N p -0 U co j U U L 3 a v U C ] L Q S .� N r~-� O v O T C m O ro s O = z Qra rru X = a w U W a� a) L O n v F- L °n � m W az iLL m I - O O O M u ? +� -0 c Ln -0 p a p p v W c N U N O 00 T u- O 01 (D r to i-i N EXHIBIT G TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES FACILITIES MAINTENANCE SERVICES 1.1 Locations For Which Services to be Provided. The City shall provide Facilities Maintenance Services consistent with the scope of services set forth in this Exhibit G to the RFA at the following locations: • Station 71, located at 504 Crow Street, Kent, WA 98032; • Station 72, located at 140th Ave. SE, Kent, WA 98042; • Station 73, located at 26512 Military Road S., Kent, WA 98032; • Station 74, located at 24611 116th Ave SE, Kent, WA 98030; • Emergency Management Modular Buildings, located at 24523 116th Ave SE, Kent, WA 98030; • Police/Fire Training Facility, located at 24523 116th Ave SE, Kent, WA 98030; • Station 75, located at 15635 SE 272"d Street, Kent, WA 98042; • Metal Building located at Station 75, 15635 SE 272"d Street, Kent, WA 98042; • Station 76, located at 20676 72"d Ave. S., Kent, WA 98032; • Vehicle Maintenance Facility located at 20678 72"d Ave. S., Kent, WA 98032; • Station 77, located at 20717 132 Ave. SE, Kent, WA 98042; and • Station 78, located at 17820 SE 256 Street, Covington, WA 98042. 1.2 Scope of Services. The Facilities Maintenance Services provided pursuant to this Exhibit G shall include the following: • Change light bulbs and replace ballasts interior and exterior; • Set clocks; • Install keyboard trays, monitor arms, install/uninstall/repair furniture and cabinets; • Troubleshoot and repair appliances; • Localized plumbing repairs or fixture replacement, e.g., toilets, hot water tanks, faucets, etc.; • Replace ceiling tiles/repair ceiling grid; • Electrical repairs/fixture replacements, add new circuits; • Building envelope repairs, e.g., windows, siding, doors, minor roof repairs, etc.; • Bay door repairs; • Drywall repair/replacement; EXHIBIT G - FACILITIES MAINTENANCE SERVICES Page 1 1-.- 1%W • Interior and exterior painting; • Hanging of art work/coat hooks/white boards/bulletin boards; • Vehicle exhaust extraction system repairs; • Air compressor repairs; • HVAC system preventative maintenance, e.g., change filters, repair motors, pumps, and compressors; • Respond to employee comfort issues; • Care for direct digital HVAC controls; • Fire alarm system repairs, certifying, and monitoring; • Building fire suppression systems, repair; • Fire extinguisher repairs, testing, and replacements; • Building-related back flow preventing devices, repair, certification; • Monitor and repair underground fuel tanks to the extent that monitoring and repair does not exceed $1,000; • Monitor and repair of fuel dispensing systems to the extent that monitoring and repair does not exceed $1,000; • Building lock repair or replacement including keying/resetting combinations; • Carpet repairs not including cleaning; and • Parking lot cleaning and restriping etc. 1.3 Limitation on Scope of Services. In the event that an item that comes within the scope of services described in Section 1.2 requires replacement, in whole or in part, or the replacement of any component of a system or item covered under the scope of services, such replacement shall be covered to the extent that such replacement does not exceed $1,000. 1.4 Capital Improvements Excluded. Capital improvements to any of the properties listed in Section 1.1 shall be excluded from the scope of services set forth in Section 1.2. Capital improvements shall be considered, but not limited to, the construction of walls or new doorways, roof replacement, electrical and plumbing systems replacement, replacement of bay doors, window replacements, flooring replacement, etc. The RFA will be responsible for all capital improvements; provided, the RFA may utilize City staff for capital improvements by separate agreement with the City. 1.5 Exterior Maintenance Excluded. Services relating to the maintenance of any landscaping, lawns, irrigation systems, sidewalks, driveways, fencing, exterior plumbing, or exterior lighting that is not attached to the main building of the property described in Section 1.1 shall be beyond the scope of services set forth in Section 1.2. 1.6 Janitorial Services Excluded — Exception. Janitorial services are beyond the scope of services set forth in Section 1.2; provided, janitorial services EXHIBIT G - FACILITIES MAINTENANCE SERVICES Page 2 I 1. \r are within the scope of services of this Exhibit G, and therefore will be provided by the City at the following three locations only: • Station 74, located at 24611 116th Ave SE, Kent, WA 98030; • Emergency Management Modular Buildings, located at 24523 116th Ave SE, Kent, WA 98030; and • Police/Fire Training Facility, located at 24523 116th Ave SE, Kent, WA 98030. 1.7 Maintenance Requests to be Submitted Electronically. All maintenance requests shall be submitted by the RFA using the City's electronic maintenance system, to which the City will grant the RFA access. The RFA's requests, however, will be placed in queue, and prioritized and processed just like any other request. The RFA will be entitled to no response preference to its requests. Facilities will give special consideration to mission critical items such as apparatus bay doors, decontamination equipment, and plymo-vent systems. 1.8 Cost of Services for Period of July 1 2010, through December 31, 2010. The City shall charge the RFA $406,613.39 for the period of July 1, 2010, through December 31, 2010 for the services provided under this Exhibit G. This amount shall be divided into twelve (12) equal payments and payable to the City in accordance with the payment section of the interlocal agreement. 1.9 Cost of Services for Period of January 1 2011 through December 31, 2011. For the period from January 1, 2011, through December 31, 2011, the City shall charge the RFA $813,226.77, plus the percentage increase occasioned by application of the Seattle/Tacoma/Bremerton CPI-W for the period of June to June, which shall be established in July or August 2010. 1.10 Cost of Services After December 31, 2011. Beginning January 1, 2012, the City will charge an hourly rate for the services called for in this Exhibit G. Such hourly rate shall be established by negotiations between the City and the RFA, and an amendment to this Exhibit G. 1.11 Costs of Contract Development and Compliance with Bidding or Proposal Requirements. In the event that any maintenance will require the development or execution of a contract, or the establishment of a process relating to bidding or requests for proposals, City Facilities staff shall assist the RFA in preparing such contract, bidding, or request for proposal documents; provided, that any legal review or representation during or after the bidding process shall be the responsibility of and at the cost of the RFA, and the issuance of any required notice or advertising pursuant to such bidding or request for proposal shall be at the cost of the RFA. EXHIBIT G - FACILITIES MAINTENANCE SERVICES Page 3 1.12 Quarterly Reports. For the services provided by the City to the RFA under this Exhibit G, the City shall, within fourteen (14) calendar days of a request by the RFA and in a form to be approved by the RFA, provide the RFA with a report which shall, at a minimum, specify the following: • The number of facility maintenance requests submitted. • The number of facility maintenance requests completed. • The status of maintenance requests, 20 days or older, not yet completed. • The cost of each completed maintenance request. • The staff hours spent on each completed maintenance request. EXHIBIT G - FACILITIES MAINTENANCE SERVICES Page 4 4i %VW EXHIBIT H TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES MEDICAL BENEFITS - WELLNESS - EMPLOYEE ASSISTANCE PROGRAM SERVICES 1.1 Purpose. This Exhibit H details the agreement between the City and the RFA for the City's provision of self-insured health and wellness services to RFA employees under the interlocal agreement. 1.2 Fiduciary Authority. The City shall have final and fiduciary authority to modify benefit and eligibility provisions, set rates (in accordance with State requirements), negotiate and contract with third-party vendors to administer the programs, and to construe and interpret the terms of the health and wellness plans subject to the interlocal agreement. No Health Maintenance Organization ("HMO") will be offered as part of this agreement to the RFA. 1.3 Effective Provision. The health care benefits provided under the interlocal agreement and this Exhibit H shall be effective as of July 1, 2010, and shall continue until terminated in accordance with Section 1.13 of this Exhibit. 1.4 Eligibility. All benefited employees of the City and the RFA who work a minimum of twenty-one (21) hours per week are eligible for health care benefits pursuant to the contract requirements of the City's third-party administrators. The benefited employee may also enroll the legal spouse, including state-registered domestic partner, and eligible dependent children. LEOFF 1 retirees and their eligible dependents are also eligible for coverage under this program. 1.5 Actuarial Report. Annually, a certified healthcare actuary will provide budget projections and plan specific rates for the City's medical/Rx, dental, and vision plans within the Health & Wellness Fund. These rates are calculated using standard actuarial methods and take into account plan reserves, anticipated claims, administration costs, stop loss premium costs, professional fees, and other plan expenses. The actuary will also calculate reserve requirements including Incurred but Not Reported ("IBNR") claim liability. 1.6 Reserves. The City will hold the reserves and IBNR liability as an asset of the City. Reserves in excess of two (2) times the calculated IBNR claim liability will be used at the City's discretion and control and may be used to help moderate future rate adjustments. EXHIBIT H - MEDICAL BENEFITS, WELLNESS, EMPLOYEE ASSISTANCE PROGRAM SERVICES Page 1 1.7 Additional Funding. If at any time during the plan year assets fall below the level necessary to fund the IBNR claim reserve, as calculated in the annual actuarial report, the City and the RFA shall be responsible for depositing additional funding into the Health & Wellness fund. Any determined increase shall be assessed immediately to each participating agency according to its proportionate share of the prior three (3) months of premium costs. 1.8 Financial Statements. The City shall ensure that accurate and complete financial statements for the self-insured plan are prepared and maintained. The City shall continue to maintain a written accounting for all monies received, payments made, and liabilities incurred for the self-insured plan. Quarterly Health & Wellness reports will be provided to the RFA and annual reports will be provided to the State Risk Management Office. Both parties understand and acknowledge that expenses attributable to the Health & Wellness Fund include, at a minimum, the following: fees charged by third-parties to administer benefits of the program; premiums charged for stop-loss reinsurance; fees for actuarial, audit, broker/consultant and other professional services; costs associated with approved wellness programs; and salaries and benefits for City employees who are involved in the administration of the program. 1.9 Health Care Board. A health care board will serve as the oversight committee for the health and wellness program. The health care board, comprised of the City Employee Services Director, the City Finance Director, RFA Chief, with staff support of the City's Benefits Manager, is authorized to take any action it deems reasonable and necessary to operate and administer the self-insured program. The health care board may adopt rules and procedures as it deems appropriate to ensure the orderly, reasonable, and efficient operation of the self- insured program. 1.10 Review Committee. The City's Employee Services Director, Benefits Manager, and the RFA's Human Resources Manager will comprise the review committee for appeals by subscribers for a denied medical, dental, or vision claim. Each member of the review committee shall have one (1) vote. The committee will review medical, dental, or vision claims of subscribers that have exhausted their administrative appeal process with their provider(s). Appeals must be submitted in writing and must include the appeals determination by the medical, dental, or vision provider. Appeals must be received within ninety (90) days from date of final denial by the provider. 1.11 Health Care Committee. The RFA will have a member assigned to the City's Health Care Committee. The purpose of the Committee will be to review health plan related information and to offer feedback and recommendations on behalf of its members. Any benefit changes will be reviewed during these meetings prior to implementation. 1.12 Third-Party Administrator Requirements. The City and the RFA will abide by the contract requirements of the third-party administrators including, but not limited to, member enrollment, eligibility, and claims submission. EXHIBIT H - MEDICAL BENEFITS, WELLNESS, EMPLOYEE ASSISTANCE PROGRAM SERVICES Page 2 ,.. \.► A. Payment of Premiums. The RFA agrees to remit premium payments to the City on a semi-monthly basis. Premiums are payable on the fifth (5th) and the twentieth (201h) of the month for which coverage is provided. In the event that premium payments are received more than ten (10) days after the due date, a late fee will be assessed equal to one-percent (10/6) of the amount payable. If the outstanding amount continues more than thirty (30) days past the due date, an additional charge of one percent (1%) will be assessed for each thirty (30) day period for which the balance remains unpaid. B. Enrollment and Termination of Members. Parties will work together to set up a process to enroll new members and to terminate members who are no longer eligible. 1.13. Interlocal Agreement Termination. A. Termination by the RFA will occur as follows: 1. By providing three hundred sixty-five (365) days' advance written notice, prior to the end of any plan year, to the City's Director of Employee Services of the RFA's intention to terminate its participation in the health care plan. 2. The termination date will be the last day of the plan year (December 31). B. Termination by the City will occur as follows: 1. Giving three hundred sixty-five (365) days' advance written notice to the RFA of the City's intention to terminate its participation in the health care plan. 2. The termination date will be the last day of the plan year (December 31). 1.14 Plan Reserves. As noted above, the City holds all reserves as assets of the City. The RFA will not have any ownership interest in the Reserves held by the City of Kent under the Interlocal Agreement. EXHIBIT H - MEDICAL BENEFITS, WELLNESS, EMPLOYEE ASSISTANCE PROGRAM SERVICES Page 3 --THIS PAGE INTENTIONALLY LEFT BLANK- EXHIBIT I TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES ACCESS TO COMMUTE TRIP REDUCTION PROGRAM 1.1 Purpose. The City participates in a Commute Trip Reduction Program (CTR) to encourage a reduction in the number of automobile trips by its employees going to and from work. Pursuant to that program, the City has issued to participating employees a "One Regional Card for All" card (ORCA card) for use in paying for mass transit in the Puget Sound region. These cards cover the period of July 1, 2010, to June 30, 2011. The RFA wishes to provide its employees with access to a CTR program, as well as ORCA cards, but cannot do so until July 1, 2011. This Exhibit I details the agreement between the City and the RFA for the provision of access to the City's CTR program for the period of July 1, 2010, to June 30, 2011. 1.2 Effective Period. The CTR program shall be available to RFA employees from July 1, 2010, to June 30, 2011. 1.3 Eligibility. The CTR program shall be available to all eligible RFA employees pursuant to the contract requirements of the METRO/King County agreement. 1.4 Third-Party Administrator/Contract Requirements. Access to and eligibility for the CTR program shall be in accordance with and comply with the terms of the Agreement for Purchase of ORCA Business cards and ORCA Passport Products entered between the City and King County Metro Transit. 1.5 Payment of Costs. The RFA agrees to reimburse the City the amount of $108.00 for every RFA employee who participates in the CTR program; provided, that the $108.00 amount may be prorated for any months of the Effective Period that may have expired prior to the employee beginning his or her participation. The RFA shall pay the costs within thirty (30) days of the date that the RFA employee enrolls in the program. 1.6 Enrollment and Termination of Members. The City and the RFA will work together to set up a process to enroll new members and to terminate members who are no longer eligible. EXHIBIT I - ACCESS TO COMMUTE TRIP REDUCTION PROGRAM Page 1 --THIS PAGE INTENTIONALLY LEFT BLANK-- *ft. 4, EXHIBIT J TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES ACCESS TO FLEXIBLE 125 SPENDING ACCOUNT 1.1 Purpose. Traditionally, the City has provided its employees with access to a flexible spending account established and provided in accordance with Section 125 of the Internal Revenue Code (Flex Account) as a benefit to working for the City. Under the Flex Account, the employee is permitted to deposit a portion of his or her pre-tax earnings into the Flex Account for the purposes of using those earnings to pay for medical expenses. The RFA wishes to provide its employees with access to an account established under section 125 of the Internal Revenue Code, but cannot provide such access on its own until December 16, 2010, This Exhibit J details the agreement between the City and the RFA for the provision of access to the City's Flex Account for RFA employees through December 15, 2010. 1.2 Effective Period. The City's Flex Account shall be available for contribution by eligible employees of the RFA between July 1, 2010, and December 15, 2010. As of December 16, 2010, eligible employees shall not be permitted to make contributions to the City's Flex Account, though the employees shall have access to their account contributions until the last day of February, 2011. 1.3 Eligibility. Only those benefited employees of the RFA who, while still City employees, were enrolled in the City's Flex Account on June 30, 2010, shall be eligible to have access to and participate in the City's Flex Account during the effective period. 1.4 Third-Party Administrator/Contract Requirements. The Flex Account shall be maintained in accordance with the Administrative Services Agreement between the City and Flex-Plan Services, Inc. The City does not guarantee the performance of Flex-Plan Services, Inc., and in no way warrants that Flex-Plan Services, Inc. will perform in accordance with the agreement or any laws relating to the services provided. To that end, the RFA indemnifies and holds the City harmless from any and all losses or injuries occasioned by the performance or lack of performance of Flex-Plan Services, Inc. 1.5 Payment of Premiums. The RFA agrees to remit the employee contributions of employees participating in the Flex Account on a semi-monthly basis. Employee contributions shall be paid on the fifth (5th) and the twentieth (201h) of the month in which the employee participates EXHIBIT J - ACCESS TO FLEXIBLE 125 SPENDING ACCOUNT Page 1 � 'V*- 1.6 Enrollment and Termination of Members. The City and the RFA will work together to set up a process to terminate members who are no longer eligible or who are permitted to terminate participation due to a qualified life change. 1.7 Return of Unused Funds. At the conclusion of the effective period, the City will endeavor to encourage employees who have remaining funds in the Flex Account to claim their funds; provided, that an employee who fails to claim his or her remaining funds by February 28, 2011, shall be deemed to have forfeited the funds to the City. EXHIBIT J - ACCESS TO FLEXIBLE 125 SPENDING ACCOUNT Page 2 �.- S-W EXHIBIT K TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES CIVIL SERVICE EXAMINER SERVICES 1.1 Services Provided by City. The City shall provide the following Civil Service Examiner Services to the RFA: a. Recruitment and promotional services pursuant to the then applicable Civil Service Rules; b. Pre-employment testing (psychological and physical exams), driver's license record checks, etc.; C. Attendance by the Civil Service Examiner at the monthly Civil Service Commission meetings; d. Maintenance of Civil Service rules and regulations; e. Establishing and maintaining eligibility lists; f. Test and score validation; g. Candidate notifications; h. Contract management for Civil Service testing by third-party contractors; i. Maintenance of Civil Service personnel files; and j. Perform all other tasks related to providing Civil Service Examiner Services. 1.2 Period of Performance. The services provided pursuant to Section 1.1 of this Exhibit K shall be provided between July 1, 2010, and December 31, 2010, unless terminated earlier by agreement of the parties. Any services provided after December 31, 2010, shall be provided only pursuant to separate written agreement. 1.3 Conditions of City Performance. In order for the City to provide Civil Service Examiner Services to the RFA, the RFA shall meet the following conditions: EXHIBIT K - CIVIL SERVICE EXAMINER SERVICES Page 1 a. The RFA shall appoint the then existing Civil Service Commissioners who serve on the City's Civil Service Commission to serve on the RFA's Civil Service Commission. The RFA shall coordinate such appointment with the current Civil Service Commissioners. b. The RFA shall adopt Civil Service Rules. C. The RFA shall ensure that it has taken all necessary steps to ensure the proper establishment of a Civil Service system compliant with Chapter 41.08 RCW. d. The RFA Civil Service Commission shall appoint the City's Civil Service Examiner as the RFA's Interim Civil Service Examiner. e. In the event that there is a vacancy on the City's Civil Service Commission, the City shall have full discretion to appoint a new Commissioner, and the RFA shall appoint that same Commissioner to its own Commission. 1.4 Occurrence of Civil Service Commission Meetings. Civil Service Commission meetings of the RFA shall be held directly following the Civil Service Commission meetings of the City, and on the same days as the City's Civil Service Commission meetings. The meetings of the RFA shall be separate from the meetings of the City, shall be governed by separate agendas, and shall be recorded separately from the City's recordings. 1.5 Records of Civil Service Commissions. Civil Service records of the RFA shall be kept separate from those of the City. Records shall be maintained by either the Interim Civil Service Examiner or the RFA as agreed to by the parties. After the December 31, 2010, termination date, or any agreed extension of that date, all Civil Service records will be transferred to the RFA. The RFA will then be the primary custodian of those records under the interlocal agreement and Exhibit A. 1.6 Commission Appeals and Attorney for Commission. In the event an appeal is filed before the RFA Civil Service Commission, the RFA shall, if requested by the RFA Civil Service Commission, provide the Commission with the services of an attorney for the purpose of assisting the Commission through the appeal process. The attorney, if requested, shall be available to provide the Commission with assistance prior to and during the hearing, as well as assistance in preparing the decision of the Commission. The provision of such an attorney shall be at the sole expense of the RFA. 1.7 Commission Appeals and Attorney for Civil Service Examiner. In the event an appeal is filed before the RFA Civil Service Commission, the RFA shall, if requested by the RFA Interim Civil Service Examiner, provide the Examiner with the services of an attorney for the purpose of assisting the Examiner through the EXHIBIT K - CIVIL SERVICE EXAMINER SERVICES Page 2 sw \..- appeal process. The provision of such an attorney shall be at the sole expense of the RFA. 1.8 Appeals to Court. In the event an appeal of an RFA Civil Service Commission decision is made before a court of law, such appeal shall be at the sole expense of the RFA, and shall be prosecuted or defended by an attorney hired by the RFA. 1.9 Salary and Benefits of Civil Service Examiner. The RFA shall pay twenty-five percent (25%) of the salary and benefit cost of the Interim Civil Service Examiner. Payment shall be made by the RFA in accordance with the interlocal agreement. The amount of the Civil Service Examiner's salary shall be set at the sole discretion of the City. EXHIBIT K - CIVIL SERVICE EXAMINER SERVICES Page 3