HomeMy WebLinkAboutAD10-162 - Amendment - to Exhibits - Kent Fire Dept. Regional Fire Authority - Division of Services ILA - 01/01/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form Dir Asst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASHINGTON Sheet forms.
Originator: Department:
Pat Fitzpatrick Administration
Date Sent: Date Required:
c 08/30/2023 N/A
Q Director or Designee to Sign. Date of Council Approval:
Q N/A
Budget Account Number: Grant? Yes ZNo
Budget?:Yes:No Type: N/A
Vendor Name: Category:
Puget Sound Regional Fire Authority Interlocal
Vendor Number: Sub-Category:
Amendment
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Project Name: City of Kent&Kent Fire Department Regional Fire Authority- 2023-2024 Amendment to Exhibits
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i Project Details:The City of Kent and the Kent Fire Department Regional Fire Authority entered an
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C interlocal agreement on August 4, 2010 which the exhibits have been amended in
various years. The exhibits are being amended again here for the 2023-2024 period.
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Agreement Amount: Various Basis for Selection of Contractor: Interlocal Agreement
E *Memo to Mayor must be attached
3 Start Date: 1/1/2023 Termination Date: 12/31/2024
Q Local Business?F--]YesF--]No* If meets requirements per KCC 3.70.100,pleose complete'Vendor Purchose-Locol Exceptions"form on Cityspoce.
Business License Verification:Yes:In-Process:Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
:YesDNo AD10-162
Comments:
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date Routed to the City Clerk's Office: 8/30/23 Interlocal Agreement has been uploaded to website:
adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
2023-2024 AMENDMENT TO EXHIBITS
To the
CITY OF KENT & KENT FIRE DEPARTMENT INTERLOCAL AGREEMENT
This 2023-2024 Amendment to Exhibits summarizes cost and charge amendments
made 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, now
officially referred to as the Puget Sound Regional Fire Authority (hereinafter RFA or
PSRFA), entered an interlocal agreement entitled "Interlocal Agreement for the
Division of Services Resulting from the Formation of the Kent Fire Department
Regional Fire Authority" which was signed by RFA Chair, Debbie Raplee, on August
4, 2010 ("Agreement"). The Agreement incorporated a number of exhibits that detail
the manner in which work is performed by the RFA for the City and by the City for
the RFA. The interlocal agreement was amended by the parties in March 2011 and
January 1, 2015. The exhibits were amended in 2011, 2012, 2014, 2016, 2017, 2019
and 2022. The exhibits are being amended again here for the 2023-2024 period.
Pursuant to Section XIV of the Agreement, a Committee consisting of the Mayor of
the City and Chief of the RFA or their designees may amend the exhibits upon mutual
agreement of the Committee. The Committee has determined that amendments to
the exhibits are necessary and required for the benefit of both agencies. The
amendments adjust the services that are provided by and for each party and adjust
the costs of those services.
This 2023-2024 Amendment to Exhibits sets forth costs, effective January 1, 2023,
for various services. The costs shall be applicable through December 31, 2024 unless
amended by the parties at an earlier date. In establishing this 2023-2024
Amendment to Exhibits, and as a measure of efficiency, all references to actual costs
for services were eliminated from the Exhibits and entered in the below tables. This
2023-2024 Amendment updates Exhibit B and modifies the cost for Fire Prevention
Services. Costs for all other services remain as previously provided for by the 2022-
2024 Amendment and are unaffected by this 2023-2024 Amendment, although the
amount reflected in the "2023 Charge" column has been updated to apply the
previously negotiated cost adjustment.
Summary of Charges and Sums Payable by City to RFA
EXHIBIT SECTION SERVICE TYPE 2023 CHARGE NOTE
B 1.11 Fire Prevention $1,990,139.29/ 2024 Adjustment per Section 7.2 of
year Exhibit B
B,C,D Multiple Overtime Cap $94,941.56/year OT Cap is a cumulative charge for
services described In Exhibits B, C &
D. Cost adjustment in 2024
C 1.8 Emer . Man. Serv. $484,700.7§lyear Cost adjustment in 2024
C 1.9 Crisis Intervention $40 200.30 ear Cost adjustment in 2024
D 1.13 Fire Investigations $212,070.00/year Cost adjustment in 2024
G 2.2 Landscaping 50% of cost + 2023 cap of$20,421. Cap adjusted
1% admin fee by CPI-W in 2024
Page 1 of 2
G f 3 Fire Alarm Services 38% of cost + Cost adjustment not applicable
1%adman fee
Summary of Charges and Sums Payable by RFA to City
EXHIBIT SECTION SERVICE TYPE 2023 CHARGE NOTE
G 1.4 Utilities & 1% admin fee Cost adjustment not
Insurance applicable
G 1.5 Facilities Maint./ $52,654.17 CPI-W adjustment in
Custodial 2024
Services
G 4 Generator 50% of cost + 1% Cost adjustment not
Maint. admin fee applicable
G 5 f Parking Lot/ 62% of cost + 1% Cost adjustment not
Sidewalk Maint. admin fee applicable
Summary of Hourly Charges and Sums Payable by City to RFA
EXHIBIT SECTION I SERVICE TYPE 1 2023 CHARGE NOTE
E 1.3 1 Emer . Med. at Special Events 87.35/hour Cost adjustment in 2024
This 2023-2024 Amendment to Exhibits is effective upon the last date signed below,
and upon that effective date, shall apply retroactively to January 1, 2023.
By signing this Amendment to Exhibits, neither party waives any right or claim it may
have against the other related to their performance under the terms of the parties'
Agreement. Any failure by either party to enforce strict performance of any provision
of the Agreement or this Amendment to Exhibits will not constitute a waiver of its
right to subsequently enforce such provision or any other provision of the Agreement
or this Amendment to Exhibits.
All acts consistent with the authority of the Agreement and prior to the effective date
of this 2023-2024 Amendment to Exhibits are ratified and affirmed and the terms of
the Agreement and this Amendment to Exhibits shall be deemed to have applied.
PUGET SOUND REGIONAL CITY OF KENT
FIRE AUTHORITY
By: �" C, B ;
Brian Carson Pat patr'
Fire Chief Chief Administrative Officer
DATE: Aug 29,2023 DATE.
Page 2 of 2
EXHIBIT B
FIRE PREVENTION SERVICES
1. Fire Prevention Administration Services Provided to City. PSRFA shall provide the
following Fire Prevention Administration Services to the City:
1.1. Manage and supervise Fire Prevention Division personnel.
1.2. Administer Fire Prevention Division programs and activities to include
inspections,plan review, code enforcement, billing, assessment and collection of
fees, and document management.
1.3. Creation and adoption of policies,procedures,rules, and regulations to clarify the
application of the codes, subject to City approval.
1.4. Creation and development of forms, letters, and other documents to assist in the
application of codes and code compliance.
1.5. Interpretations of fire codes.
1.6. Approve materials, equipment, and devices used in construction, and the methods
of construction to the extent that approval is authorized by applicable codes.
1.7. Provide for public access to staff within the Fire Prevention Division through in-
person and remote meetings,phone calls, and email communications.
1.8. Perform finance functions to include invoicing and/or billing of assessed fire code
related fees and coordinating the collection and transmission of those fees to the
City.
1.9. Document management within the Fire Prevention Division; to include fulfilling
public record requests.
1.10. Issue fire code operational permits.
1.11. Resolve code complaints or inquiries from the public.
1.12. Schedule and conduct fire code enforcement and permit inspections for developers
or contractors and coordinate with the City's Building Division on these
inspections as needed.
1.13. Ensure performance of all duties necessary in order to enforce the fire codes.
1.14. Evaluate the codes for local adoption and develop local codes or amendments for
consideration by the City. Present to the City Council and committees as
necessary.
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1.15. Perform all other tasks related to the provision of Fire Prevention Administration
Services.
2. Fire Prevention Code Enforcement Services Provided to City. PSRFA shall provide
the following Fire Prevention Code Enforcement Services to the City:
2.1. Inspect all operational permitted businesses, both initial fire and life safety
inspections of new or relocated businesses and those permits and inspections
required annually. Coordinate with the City' s Building Division on these
inspections as needed.
2.2. Investigate and resolve fire code violation complaints or inquiries. Lead all code
violations or complaints as provided for by Title 13 and Chapter 1.04 of the Kent
City Code related to fire codes, and life safety provisions and regulations.
Coordinate and assist the City's Building Division, Police Department, and Law
Department in prosecuting those violations or complaints. The City shall remain
responsible for any required enforcement or collection actions.
2.3. Conduct special inspections required by outside agencies such as Department of
Corrections, Department of Early Learning, Department of Social and Health
Services, and private insurance companies.
2.4. Post-disaster building and system inspections and/or evaluations.
2.5. Review and approval of fire safety, emergency evacuation, lockdown, shelter-in-
place, and hazardous materials management plans.
2.6. Attend and provide testimony and exhibits at Code Enforcement Hearings and
Appeals before the City's hearings examiner or before judges in municipal or
superior court.
2.7. Perform all other tasks related to providing Fire Prevention Code Enforcement
Services.
3. Fire Prevention Development Services Provided to City. PSFRA shall provide the
following Fire Prevention Development Services to the City:
3.1. Management of the Knox rapid entry program.
3.2. Provide development review program services to include answering project
inquiries, attending meetings, reviewing plans for code compliance, and
approving plans. Complete development review processes in accordance with the
City's time frames and through close coordination the Economic and Community
Development Director and other City departments.
3.3. Provide development inspection program services to include pre-construction
meetings, inspections, troubleshooting fire protection systems, final acceptance
tests, field review of basic permits, and coordination with the Building Division
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for the issuance of Certificates of Occupancy.
3.4. Provide business and economic development support activities to include research
of properties, systems and code requirements for potential projects and existing
buildings.
3.5. Approve of hydrant placement on public and private projects.
3.6. Perform hydrant flows to verify available water supply, if allowed by the local
water purveyor.
3.7. Provide and oversee false alarm reduction program activities to include follow-up
on false alarms and coordination with property owner/agent on repairs or
troubleshooting, and the identification of next steps for problematic systems.
3.8. Provide and oversee fire protection system confidence test program in accordance
with the International Fire Code.
3.9. Coordinate activities within the Permit Center division of the City's Economic
and Community Development Department to include customer service,answering
phone calls, and meeting with customers and members of the public. Maintain a
weekly scheduled presence within the Permit Center as agreed between the City
and PSRFA.
3.10. Perform all other tasks related to providing Fire Development Services.
3.11. Administration of the addressing and street naming program in accordance with
the Kent City Code Chapter 13.06.
4. 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.
5. Fire Marshal/Fire Code Official Reports. The City's Fire Marshal/Fire Code Official
shall provide reports to the City's Chief Administrative Officer(CAO) or Economic and
Community Development Department (ECD) Director as requested by the City. While
the Fire Chief shall have the authority to direct the work of the employees providing Fire
Prevention Services, the CAO or ECD Director, or their designees, shall have authority
to set the desired outcomes of PSRFA's Fire Prevention staff.
6. Collection and Transmission of Fees and Charges.All money,fees,and charges of any
kind collected or charged by the PSRFA's Fire Prevention Services Division for services
within the City or because of the provision of Fire Prevention Services within the City,
shall be the sale property of the City and payable to the City. PSRFA shall transmit all
such money collected to the City thirty days after the end of the preceding month. (Net
30).
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7. Fire Prevention Costs.
7.1. Costs/charges for Fire Prevention Services are reflected in the document entitled
"2023-2024 Amendment to Exhibits to the City of Kent and Kent Fire Department
Interlocal Agreement" (hereafter referred to as "Amendment to Exhibits"), to
which this Exhibit B is attached. The Amendment to Exhibits may be amended by
the parties from time-to-time without further reference herein. The costs reflected
in the Amendment to Exhibits were established based on the Fire Prevention
Program Cost Share as explained under Section 10 of this Exhibit B.
7.2. The Fire Prevention Program Cost Share for subsequent years will be established
for each subsequent calendar year by the immediately preceding August 1st and,
for budgeting purposes, will be based on projected year-end actuals for the then-
current year, as may be adjusted due to anticipated wage and expense increases
associated with contractual obligations to PSRFA's union staff and changes in the
Consumer Price Index utilized by PSRFA for budgeting purposes, and allocated
to the City as outlined in Section 10 of this Exhibit B. The City shall pay its
budgeted cost share on a one-twelfth(1/12)basis each month,which is due within
30 days from the end of that month. The budgeted cost share will then be
reconciled to actual costs no later than February 15th of the year following the
contract year. This reconciliation will include not only updating the total annual
PSRFA Fire Prevention Cost,but also the allocation factor provided for in Section
10 to account for Fire Prevention Services provided to any new agency during the
budget year to arrive at the actual allocated cost for the City of Kent for that year.
If a new agency is provided with Fire Prevention Services through the PSRFA for
the year being reconciled,it is the parties' intent that the City's reconciliation will
reflect an adjustment due to the new agency assuming an equitable allocation of
shared PSRFA costs in accordance with Section 10 below. The following is
offered by way of an example:
• By August 1 st, 2023, the PSRFA will establish and provide the City with
the amount of its budgeted cost share for calendar year 2024.The City will
pay its portion of the budgeted cost share amount for services rendered in
2024 on a one-twelfth (1/12) basis each month. The City's payment for
January 2024 will be l/12 of the budgeted cost share for 2024 and will be
due on March 1, 2024, which date is 30 days after January 31, 2024. The
PSRFA will then reconcile the 2024 budgeted cost share and service level
allocation received by the City in 2024 and provide the City with that
reconciliation for 2024 no later than February 15th, 2025.
8. Fire Prevention Overtime.
8.1. In the event overtime is worked while providing Fire Prevention, Emergency
Management, and/or Fire Investigation Services, the City will be responsible for
reimbursing the PSRFA for the maximum amount reflected in the Amendment to
Exhibits for all Fire Prevention, Emergency Management, and Fire Investigation
Services combined. The Amendment to Exhibits may be amended by the parties
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from time-to-time without further reference herein. Except as provided in the
following paragraph, and unless otherwise agreed to by the City in writing, there
shall be no additional consideration paid by the City to the PSRFA for overtime
pay.
8.2. There may be some disaster occurrences that are unanticipated. In the event of an
ECC activation, the PSRFA shall take reasonable measures to reduce the costs of
such ECC activation, and the CAO shall be consulted immediately to discuss the
potential operational and overtime costs of the ECC activation. In the event of a
Level 2 ECC activation lasting more than twenty-four (24) hours, or a Level 3
ECC activation, the City shall only be responsible for the cost of reasonable
overtime for Fire Prevention related work performed by the staff set forth in
Section 7 above and that is performed as a result of the ECC activation. The City
shall not be responsible for overtime performed by Fire Prevention staff who
perform other RFA duties that normally would be the PSRFA'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.
8.3. 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 PSRFA. 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.
9. City Support Services Provided to Puget Sound Fire.
Equipment to Perform Services. Prior to execution of the parties' 2023-2024
Amendment to Exhibits, the City paid for the PSRFA's services based upon the
number of PSRFA employees dedicated exclusively to Kent to provide each
identified service,including Fire Prevention Services(9.5 employees),Emergency
Management Services (3 employees), and Fire Investigations Services (1
employee). Additionally, with respect to the 10.5 employees performing Fire
Prevention and Fire Investigations Services,the City agreed to provide them office
space, subject to the City's right, with reasonable notice, to move the office space
in order to meet the needs of the City. While office space was addressed in the
parties' Agreement,parking was not.
For services provided by the PSRFA commencing January 1, 2025, the parties
will negotiate in good faith with one another the terms that will apply to any office
space or parking, if any, the City may be able to make available to PSRFA staff
on or after January 1, 2025. Until such time, however, the following provisions
shall apply:
Office space shall be provided by the City at 400 West Gowe Street,
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Suite #414, Kent, WA; provided that the City may, with reasonable
notice, move the office space to meet the needs of the City. The City
also agrees to provide ancillary parking for PSRFA agency and staff
vehicles, upon the 2nd and 3rd floors of the City Hall and Centennial
Center campus parking garage, up to a maximum of 9 parking spaces.
The PSRFA agrees that parking within the campus parking lot and first
floor of the campus parking garage is reserved for the public and City
staff as assigned. 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 permitting system,
imaging system, and accounting/billing system, and other systems.
The cost of the office space and parking spaces made available by the
City to PSRFA will be shared equally by other PSRFA member
agencies and contracting agencies proportionate to their cost share as
provided for in Section 10 below.
The value of these spaces shall be agreed upon by the parties and
determined based on the market rate rental value of the square footage
space made available to PSRFA staff,including the market rental value
of 9 total parking stalls within the City's parking garage at 400 W.
Gowe Street in Kent for PSRFA agency and staff vehicles. This value
shall be offset from the City's portion of the program costs provided
for in Section 10 below.
10. Fire Prevention Program Cost Share.
10.1. In the time since the City,the City of Covington, and Fire District#37 annexed to
the PSRFA, the PSRFA has contracted with other agencies to provide Fire
Prevention Services. These other agencies have not annexed to the PSRFA. The
City and PSRFA's Amendment to Exhibits and prior iterations of this Exhibit B
required that,prior to the PSRFA entering into an agreement with another agency,
the PSRFA provide notice to the City and negotiate the impact PSRFA's service
to that other agency may have on the service level provided to the City.
Additionally, if the PSRFA provided services to other agencies without also
increasing the number of hours of work provided for by PSRFA staff,the cost paid
by the City for services performed by the PSRFA would be reduced by the value
of the hours the PSRFA provided to the other agency. In order to better align and
consistently assess service costs across each agency served by the PSRFA, either
as a member agency or a contracting agency, the parties have agreed to a cost
share approach beginning January 1,2023.
The cost share approach provided for by this Section 10 will reflect an equitable
allocation of shared PSRFA costs (administration, overhead, finance, HR, etc.),
based on an appropriate allocation factor,resulting in a pro-rata share assessed to
each PSRFA agency. The cost of shared services will similarly be allocated
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equitably to each -agency based on a factor that reflects the PSRFA's level of
service provided to that agency,resulting in a pro-rata share to each agency. Costs
directly attributable to a particular agency will be directly assigned to that agency.
10.2. Each August 1, the City shall provide the PSRFA the total market rental value of
any City office space and City parking stalls made available by the City to the
PSRFA, which shall adjust annually by either the percentage change in the
Consumer Price Index for Urban Wage Earners and Clerical Workers(CPI-W)for
the Seattle/Tacoma/Bellevue are for the preceding 12-month period measured
from June-to-June, or by any increase in the fair market rate,whichever is greater.
10.3. The valuations for 2023 and 2024 are noted below. If the parties' Agreement is
extended beyond December 31, 2024 in lieu of executing a new Agreement, the
City will provide valuation for 2025 in accordance with this Section 10.
2023:
Office Space $23 per square foot,per year
Parking Space $100 per stall,per month
2024:
Office Space $24 per square foot,per year
Parking Space $105 per stall, per month
10.4. By August 1, 2023, and each August 1 thereafter, the PSRFA shall provide the
City with the following cost share information:
10.4.1. The total budgeted value of all services provided by the Fire Prevention
Program to all agencies who are either members of or contract with the
PSRFA for services.
10.4.2. The actual percentage of services the Fire Prevention Program provided to
each agency served by the PSRFA for the prior calendar year,which shall
be allocated equitably to each member agency or contracting agency based
on a factor that reflects the level of service the PSRFA provided to that
agency.
10.4.3. The percentage of office space and parking rental costs attributable to each
agency served by the PSRFA, including the offset due the City of Kent.
10.5. As provided for by Section 7.2 above,these cost share amounts will be reconciled
to their actual costs by February 15th of the following year. If the actual costs are
lower than the budgeted estimate,the PSRFA will credit the City for the difference
by March 31 st of each year. If the actual costs are greater than the budgeted
estimate for the year being reconciled, the difference will be due at the time the
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City makes its 1/12 budgeted cost share payment for the current year following its
receipt of the reconciliation for the prior year. .
[-END-]
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