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HomeMy WebLinkAboutAD10-162 - Amendment - to Exhibits #2 - Kent Fire Dept. Regional Fire Authority - Division of Services ILA - 01/02/2013 Records Mar eme - KENON Document WASHINGTON 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 Authoirty Vendor Number: JD Edwards Number Contract Number: 8 ( 0 - 1(0 J-, This is assigned by City Clerk's Office Project Name: 2012 Exhibit Amendment to Interlocal Agreement Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date: 1/1/13 Termination Date: 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.): S:Publ lc\Records Ma nag ement\Forms\ContractCover\adcc7832 1 11/08 2012 - EXHIBIT AMENDMENT TO THE EXHIBITS THAT ARE ADOPTED BY REFERENCE IN THE INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY The City of Kent (City) and the Kent Fire Department Regional Fire Authority (RFA) entered an interlocal agreement entitled "Interlocal Agreement for the Division of Services Resulting from the Formation of the Kent Fire Department Regional Fire Authority" which was last signed by RFA Chair, Debbie Raplee, on August 4, 2010 and Amended by the parties in March 2011 "First Amended Interlocal Agreement for the Division of Services Resulting from the Formation of the Kent Fire Department Regional Fire Authority. (Agreement) and further amended by the October 1, 2011 Exhibit Amendment. The Agreement incorporated a number of exhibits that detail the manner in which work will be performed by the RFA for the City and by the City for the RFA. Pursuant to Section XIV of the Agreement, a Committee consisting of the Mayor of the City and Chief of the RFA or their designees may amend the exhibits upon mutual agreement of the Committee. The Committee has determined that amendments to Section VIII.D of the Agreement and Exhibits D, E, F, H and L are necessary and required for the benefit of both agencies. This Amendment sets forth the amendments to the Exhibits and attaches complete current versions of all Agreement Exhibits. Adjustment to Contract Sums Payable by City to RFA in 2013: Exhibit B Fire Prevention Services. $1,879,161.00* Exhibit B Overtime Cap $69,835.00 Exhibit C Office of Emergency Management $585,932.00 Exhibit C Office of Emergency Management Code Red payment $24,604.00 Exhibit C Crisis Intervention Coordinator $30,810.00 Exhibit D Fire Investigations $409,709.00 *Amount payable by City shall be reduced by actual amount of savings resulting from vacant FTE position in Fire Prevention If the position remains vacant for the entire calendar year the total amount owing by the City for 2013 will be $1,737,970.00. 1 Adjustment to Contract Sums Payable by RFA to City in 2013: Exhibit F Information Technology $491,146.77 Exhibit G Facilities Maintenance Services $866,085.70 Amendment to Exhibit B. Section 1.8 shall be amended as follows: 1.8 Fire Marshall/Fire Code Official Reports to City's Mayor or Economic and Community Development Director. The City's Fire Marshal/Fire Code Official shall provide, on at least a semi-annual basis (within 45 days of each June 1 and December 31), 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. Amendment to Exhibit C. Section 1.9 shall be amended as follows: 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 quarteHysiemi-annual reports (within 45 days of each June 1 and December 31) required of the interlocal agreement. Section 1.12 shall be amended as follows: 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 2 RFA at all times. The cost of the Crisis Intervention Coordinator shall be adjusted on an annual basis in the manner provided in Paragraph 1.11 Amendment to Exhibit D. The Committee agrees that Exhibit D, Fire Investigation Services shall be amended as follows: Section 1.12 shall be amended as follows: 1.12 Report Regarding Services Provided. The Fire Marshal/Fire Code Official shall, no less than qua rt- semi-annually (within 45 days of each June 1 and December 31), 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 quaFteFly—semi annual reports required of the interlocal agreement. Amendment to Exhibit E. The Committee agrees that Exhibit E, Showare Center shall be amended as follows: Section 1.3 shall be amended as follows effective January 1 2013• 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 rate that the RFA will charge will be $6271.00 per hour for each RFA employee who is hired to provide emergency medical services at a ShoWare event covered under this subsection. In July of each year, the RFA and the City will meet to determine the rate that will be applicable starting in January of the following year. Amendment to Exhibit F. The Committee agrees that Exhibit F, Information Technology Telephone Information Management Services shall be amended as follows: Section 1.2 shall be amended as follows: 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" bases, consistent with the operational level the City provided to the Supported Systems 3 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 "as-is"won as of June 30, 2010. Section 1.8 shall be amended as follows: 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 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 FDDBPOI USE828NAZP Citrix Terminal Server SNPROCTXOP05 USE532C057 Citrix Terminal Server SNPROCTXOP06 USE532C056 SMS Server (production) FDAPP01 2UB439002S SMS Server (test) FDAPD01 UB4390054 4 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 WebEE)G Server WebF=E) - EE)G ni OI Telessta�ff Server TELFAPP174H LegendID Server (credentialing) LEGDWBP174H Section 1.15 shall be amended as follows: 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. The RFA may request that monthly charges be split across multiple invoices. The invoiceUs 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. 4. A line item for the six hours of free support service provided for in Section 1.4.a. 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 315t 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. (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 5 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. Section 1.16 shall be amended as follows: 1.16 Term. The initial teFM ef the seFV*iees previded PUFSuant te this Exhibit F will be €eFthe peFied-ef july 1, 2010, thFeugh DeeembeF31, 2011. if IT-T-Sei=v+ces-aFe to GetebeF be extended te the RFA beyond DecengbeF 31, 2011, the paFties will Regetiate that 2011, and these negetiatiens may Fesult in an amendment te this this Exhibit shall align with the Gity's calendaF yeaF budget.Annual Cost Adjustments. The parties shall mutually agree to cost and service adjustments prior to November 1 of each year by modifying Addendum A to Exhibit F. 6 Ln I� 00 vl Ll� O Ln Q �# 0) N I- jo O o0 Lf) 0 O ri N O N I- 0i cM LD 00 lD Ln 00 I� Q1 M U) -Ln to Ln O 00 M lD N ;LL m ri M 00 N N N :00 m r- N Lr) 00 (.0N N N N n r) T-4 n 00 M M CA tn VA N 0 GJ N GJ Q ++ L U ll C 0 3 a0+ C V m U Y 3 d 4- +� �O ii O p �_ :J n O y CU E N C mc U i Y O) 'E U " m ; V > M f00 N G1 ++ m y u E N O O1 H C O O1 -O L . + N M +' > v LL a p Ln mQ Lai OJ G1 -p cB LD �'. 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For the services provided by the City to the RFA under this Exhibit G, the City shall, within 45 days of each June 1 and December 31, 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. Amendment to Exhibit H. The Committee agrees that Exhibit H, Medical Benefits - Wellness-Employee Assistance Program Services shall be deleted in its entirety. Amendment to Exhibit L. Section 7 of Exhibit L - Vehicle Inspection and Mechanic Services shall be deleted in its entirety. With the exception of the amendments specified herein, all other provisions of the Exhibits shall remain in full force an effect. By sign' low, the C mis n hereby adopts the amendments specified herein: 0tte oke Jim Schneider Ma or Fire Chief ity of Kent Kent Fire Dept. Regional Fire Authority Date: D� Dort oZo%3 Date: Of- d 2- �/.3 9 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 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- 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 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 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 NOW- 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 and Section 1.12 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. The cost of the Crisis Intervention Coordinator shall be adjusted on an annual basis in the manner provided in Paragraph 1.11 1.13 Code Red. The parties agree to share in the contracted cost of Code Red services based on the following proportions: City 72.1%, RFA 27.9%. The City shall pay its share to the RFA. The City's anticipated cost for 2012 is $30,645. In the event additional system minutes must be purchased, the costs shall be EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT Page 5 allocated consistent with the proportions. Code Red Costs for subsequent years will also be based on the same proportions. In the event the city or the RFA's boundaries change, the Committee shall establish new proportions. In the event either party recovers any costs incurred as a result of a Code Red implementation, the parties agree to share in any Code Red cost recoveries in the same proportions. EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT Page 6 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 1.12 Report Regarding Services Provided. The Fire Marshal/Fire Code Official shall, no less than semi-annually (within 45 days of each June 1 and December 31), 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 semi-annual 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 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 rate that the RFA will charge will be $71.00 per hour for each RFA employee who is hired to provide emergency medical services at a ShoWare event covered under this subsection. In July of each year, the RFA and the City will meet to determine the rate that will be applicable starting in January of the following year. 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 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 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 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 Blackber /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 SharePoint 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 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 USE532CO57 Citrix Terminal Server SNPROCTXOP06 USE532CO56 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 Telestaff Server TELFAPP174H LegendID Server (credentialing) LEGDWBP174H 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 EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 6 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. 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 extext. 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. EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 7 2. Turnaround Time: The time elapsed from the time a problem is reported to the time that a final resolution to 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— unable to work—network, Immediate Alert Immediate 1 — Urgent telecom.,application or server and Dispatch ASAP problem User or Users completely unable to Immediate perform job function due to 30 Minutes 2 — High problem Dispatch 1 Business Day User or Users able to perform job Dispatch Queue 3 Hours 3 — Medium 3 Business Days function on another machine or y EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 8 limited ability on affected machine(s) Priority Criteria Dispatch Response Turnaround Action Time Time Inconvenience to user or users. Ability to perform job function not Dispatch Queue 8 Hours 4 — Low 1 Week affected. 5 -Service Not Break/Fix related - Dispatch g Hours As arranged Request moves adds changes eteetc. Queue 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 99.99% ✓ 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 99.0% 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 EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 9 Telecommunications 0700 -01100 Servers Email and File Server 0900 - 1200 Service or Device Maintenance Window Domain Controller and Network Services 0900 - 1200 Active Directory) Server PC Workstations As Needed Other Devices As negotiated Table 5. 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. The RFA may request that monthly charges be split across multiple invoices. The invoice(s) 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. 4. A line item for the six hours of free support service provided for in Section 1.4 a. 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 315t of the following year. 1. Upon completing that reconciliation, the following will occur: EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 10 (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. (i i) 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 (i i) 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 Annual Cost Adjustments. The parties shall mutually agree to cost and service adjustments prior to November 1 of each year by modifying Addendum A to Exhibit F. 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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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 • 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 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. The City shall charge the RFA $843,316.16 for the period from January 1, 2012 through December 31, 2012. The Committee shall negotiate the annual fee for years subsequent to 2012. In the event the Committee does not negotiate a new fee prior to October Vt of each subsequent year the cost shall be the prior years ear's cost 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. 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 EXHIBIT G - FACILITIES MAINTENANCE SERVICES Page 3 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. 1.12 Semi-Annual Reports. For the services provided by the City to the RFA under this Exhibit G, the City shall, within 45 days of June 1 and December 31, 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 DELETED EFFECTIVE JANUARY 1, 2013 EXHIBIT H - MEDICAL BENEFITS, WELLNESS, EMPLOYEE ASSISTANCE PROGRAM SERVICES Page 1 EXHIBIT I DELETED October 1, 2011 EXHIBIT I - ACCESS TO COMMUTE TRIP REDUCTION PROGRAM Page 1 EXHIBIT J DELETED October 1, 2011 EXHIBIT J - ACCESS TO FLEXIBLE 125 SPENDING ACCOUNT Page 1 EXHIBIT K DELETED October 1, 2011 EXHIBIT K - CIVIL SERVICE EXAMINER SERVICES Page 1 EXHIBIT L TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES VEHICLE INSPECTION AND MECHANIC SERVICES 1. PURPOSE. The purpose of this Vehicle Inspection and Mechanic Services Exhibit ("Agreement") is to establish the relationship between the RFA and the City for the RFA's provision of the necessary vehicle inspections and vehicle modifications for the City of Kent Police Department. The RFA currently has the facilities and personnel to perform this necessary service and is willing to extend this service to the City. 2. DEFINITIONS. 2.1. "Vehicles" shall include patrol vehicles, training vehicles, or any other vehicles designated by the parties. 2.2. "Vehicle Inspections" means performing vehicle inspections as requested by the City of Kent Police Department. 2.3. "Vehicle Modifications" means the installation, removal, and/or alterations to a vehicle or components of a vehicle as requested by the City of Kent Police Department. 2.4. "Designated Site" means the location where vehicle inspections and modifications will be performed. The location may be anywhere that is mutually agreed upon by both parties. However, the primary and usual location will be the fire apparatus maintenance shop for the RFA. 3. KENT RFA RESPONSIBILITIES. 3.1 Upon delivery to the Designated Site, the RFA shall be responsible for performing Vehicle Inspections and Vehicle Modifications covered under the terms of this Agreement. 4. CITY RESPONSIBILITIES. 4.1 The City is responsible for delivering its Vehicles to the Designated Site. 4.2 The City is responsible for all outside services not covered by this Agreement, including, without limitation, towing, purchase and EXHIBIT L - VEHICLE INSPECTION AND MECHANIC SERVICES Page 1 installation of tires, and any other outside service not covered by the RFA. 4.3 The City is responsible for paying the RFA for all services rendered by the RFA under this Agreement pursuant to the terms of this Agreement. 5. HOURS OF WORK. Routine maintenance and repair work will be scheduled during the RFA's normal work period, which is 6:30 a.m. to 4:30 p.m., Monday through Friday except for RFA holidays. 6. CHARGES FOR VEHICLE INSPECTIONS AND MODIFICATIONS. The City will pay the RFA for staff time associated with vehicle inspections and vehicle modifications at the employee's regular hourly rate paid by the RFA to its employees who perform the work. In addition, City will reimburse the RFA the entire cost of all parts, fluids, and materials used to perform vehicle inspections and vehicle modifications. No surcharges will be added to the parts, fluids, and materials costs and the City will only be charged the RFA's cost for parts, fluids and materials. The City shall also reimburse the RFA for staff time and legal representation costs in the event RFA personnel are required to appear or participate in any legal or enforcement proceedings related to the Vehicle Inspections and Modifications. 7. 8. LIMITED WARRANTY. The Kent RFA will repair or replace any new parts (except parts not covered by a manufacturer's warranty such as electrical parts) or redo any labor which fails in normal service due to defects in parts or labor if notified within 90 days. This warranty does not cover loss of time, use, inconvenience, normal wear, abuse, used parts or other matters not specified and the Kent RFA shall not be liable for any consequential, incidental or commercial damages related to the Preventative Maintenance and Repair work in excess of the costs of the specific repairs. The Kent RFA disclaims any implied warranty of merchantability and fitness for a particular purpose and neither assumes nor authorizes any other person to assume for it any liability in connection with the Preventative Maintenance and Repair work. No warranty, whether expressed or implied, extends beyond 90 days. 9. INSURANCE. In addition to the insurance required by the First Amended Interlocal Agreement for the Division of Services Resulting from the Formation of the Kent Fire Department Regional Fire Authority, the RFA shall procure and maintain for the duration of this Agreement a Garagekeeper's Legal Liability policy with limits not less than $1,000,000 or, in the alternative, acceptable EXHIBIT L - VEHICLE INSPECTION AND MECHANIC SERVICES Page 2 proof from the RFA's Insurance Company confirming that RFA is fully covered for any damage to the City's Vehicles while a vehicle is being modified, inspected, or stored by the RFA. EXHIBIT L - VEHICLE INSPECTION AND MECHANIC SERVICES Page 3