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HomeMy WebLinkAboutAD10-162 - Amendment - to Agreement #1 - Kent Fire Dept. Regional Fire Authority - Division of Services ILA - 04/04/2011 Records �� a ge m er KENT Document WASHINGTON 2' 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. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES 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 --THIS PAGE INTENTIONALLY LEFT BLANK--