HomeMy WebLinkAboutAD10-162 - Amendment - to Agreement #1 - Kent Fire Dept. Regional Fire Authority - Division of Services ILA - 04/04/2011 Records �� a ge m
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KENT
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WASHINGTON
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Kent Fire Department Regional Fire Authority
Vendor Number:
JD Edwards Number
Contract Number: Af-)IC-- (( 9,
This is assigned by City Clerk's Office
Project Name:
Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract
❑ Other:
Contract Effective Date: 1/1/2011 Termination Date: Upon Notice
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Kim Komoto Department: Law
Detail: (i.e. address, location, parcel number, tax id, etc.):
First Amendment to Interlocal Agreement for the Division of Services Resulting From the
Formation of the Kent Fire Department Regional Fire Authority
C: Ati
S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
FIRST AMENDED INTERLOCAL AGREEMENT FOR THE DIVISION OF
SERVICES RESULTING FROM THE FORMATION OF THE
KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY
The original Interlocal Agreement for the Division of Services Resulting from the
Formation of the Kent Fire Department Regional Fire Authority was executed by the
City on August 3, 2010, and by the RFA on August 4, 2010. This Agreement
amends the original.
I. PARTIES
The parties to this First Amended 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, fire investigation services and vehicle
inspections and modifications for the City Police Department. 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;
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 1 of 15
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.
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 L (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
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY- Page 2 of 15
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.
VIII. SERVICES PERFORMED BY THE RFA FOR THE CITY
A. Services to be Provided. The RFA agrees to perform Fire Prevention,
Emergency Management, Fire Investigation, and vehicle inspections and
modification Services for the City as set forth in Exhibits B, C, D and L 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, D and L 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.
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 3 of 15
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.
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.
E. 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, D, E and L, 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.
F. 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
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY- Page 4 of 15
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
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.
G. 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.
H. 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:
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 5 of 15
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.
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
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY- Page 6 of 15
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
Appendices shall not be transferred to the RFA; and provided further that in the
event any Exhibit provides for something other than a transfer, such Exhibit shall
control.
Upon transfer of vehicles, equipment, and property that must by law be
registered, the RFA shall take all necessary steps to transfer title to the RFA and
register the vehicles, equipment and property in the name of the RFA within the
time requirements of state law. All vehicles, equipment, and property are being
transferred "as-is, where is, without warranties, express or implied," and the RFA
shall defend, indemnify, and hold the City harmless from any and all injuries or
damages to persons or property that may be occasioned in any manner whatsoever
by the vehicles and equipment, whether those damages or injuries are suffered by
agents, employees, officials, or assigns of the RFA or by third-parties.
C. City of Kent Project Accounts and Reserve Cash Funds. The City
Project Accounts and reserve Cash Funds identified in Appendix D of the Regional
Fire Authority Plan were transferred in accordance with Section 7 of the Fire
Authority Plan.
D. Other Assets. It is anticipated that some assets relating to the
provision of fire services may not have transferred pursuant to the Regional Fire
Authority Plan. Any assets not contained within the Regional Fire Authority Plan
shall be transferred only by a separately negotiated written agreement between the
City and the RFA.
XII. FIRE BENEFIT CHARGE EXEMPTION
Pursuant to RCW 52.26.190 as now adopted or hereafter amended or recodified, all
real and personal property of the City, now owned by the City or which becomes
owned at a future date, shall be exempt from any fire benefit charges or service
benefit charges imposed by the RFA in partial consideration for the services
provided by the City to the RFA pursuant to this Agreement.
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 L 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.
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 7 of 15
Payment for the services set forth in Exhibits B through L 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
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 151h day of each
month, submit an invoice for the hours worked in the previous
month. For example, an invoice submitted by December 15th
would cover the hours worked during November. Payment of
the invoiced amount shall be due no later than thirty (30)
calendar days from the date of the invoice.
3. Payments Made on Cost Per Unit Basis. In the case of payments
which are based upon the number of units purchased, such as
replacement parts, the party providing the units shall, by the
15th day of each month, submit an invoice for the units provided
to the other party in the previous month. For example, an
invoice submitted by December 15th would cover the telephones
purchased during the month of November. Payment of the
invoiced amount shall be due no later than thirty (30) calendar
days from the date of the invoice.
C. Failure to Submit Invoice. The failure of one party to submit an
invoice for services to the other party within the timeframes provided in this
Agreement shall not result in a waiver of the requirement of the other party to pay
for those services; provided that the failure of a party to invoice the other party for
a period in excess of thirteen (13) months from the date the services were
rendered shall result in a complete waiver and release from any obligation to pay
for that service, unless otherwise agreed to by the parties.
D. Disputed Amounts. In the event that there is a dispute regarding the
amount of money owed by a party, any undisputed amounts shall remain due and
payable in accordance with the payment dates and terms established in subsection
XIII(B) above. As to any remaining disputed amount, the Committee shall make
every effort to resolve that dispute. In the event that the Committee is unable to
resolve the dispute, the only means of resolving that dispute will be by the dispute
resolution process provided in Section XXII(B).
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY- Page 8 of 15
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.
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(H) of
this Agreement, and provided further that in the event any of the attached Exhibits
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY- Page 9 of 15
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
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.
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RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 10 of 15
1%.-
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.
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
11claims-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
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY- Page 11 of 15
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
ESTIMATED ESTIMATED
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 1 407 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 1 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 1 1986 PIERCE TANKER 040163 23852D $100 000
715 1996 SMEALLADDER 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 L 040810 08875C $80 000
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY- Page 12 of 15
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 HACKNEY ISUZU 00640 10781D $100 000
764 1995 FORD F350 4 X 4 66302 20618D $20 000
711 2006 DODGE RAM 44771 42600D $32 675
765 2000 INTERS TATE CARGO TRLR 09246 56348C $5 000
766 2001 PIERCE ENGINE/AID 001535 34195D $350,000
767 2001 PIERCE ENGINE/AID 001561 58382C $350 000
ESTIMATED
APP# YEAR MAKE/MODEL SERIAL LIC# CURRENT VALUE
726 2007 TRAIL BLAZER(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
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY- Page 13 of 15
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
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.
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY - Page 14 of 15
RFA: CITY:
Kent Fire Department City of Kent:
Regional Fire Authority:
By: �1..� .Jca»Qe� By:
Print Name; rin a : Suzette Cooke
Its � CK Va"e Mayor
DATE:— O Y O Y DATE: 3 / ;> !/
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Fire Chief Mayor
Kent Fire Department Regional Fire City of Kent
Authority 220 Fourth Avenue South
24611 116th Ave SE Kent, WA 98032
Kent, WA 98030
(253) 856-5700 (telephone)
(253) 856-4311 (telephone) (253) 856-6700 (facsimile)
(253) 856-6300 (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
Brian Snure, Arthur 'P Fitzpatrick,
Attorney for RFA Deputy City Attorney
P:\Civil\Files\Open Files\1421-Regional Fire Authority\AMENDED.RFAInterlocalAgreemen.010411.docx
INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES
RESULTING FROM THE FORMATION OF THE KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY— Page 15 of 15
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