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HomeMy WebLinkAboutAdden 1Page 1 of 2 AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT FOR COOPERATION BETWEEN THE CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY (CAG-16-116) Effective Date July 1, 2021 RECITALS 1.The City of Renton (“City”) and the Renton Regional Fire Authority (“RRFA”) executed an interlocal agreement dated July 1, 2016 (“ILA”) in conjunction with the formation of the Renton Regional Fire Authority. 2.The Parties have negotiated revisions to the ILA and the ILA Exhibits which require the consent of the legislative bodies of the Parties pursuant to Section IV of the ILA. AGREEMENT In consideration of the mutual promises and benefits contained herein the City and the RRFA agree to the following amendments to the ILA. Section VIII.A. Shall be amended to read as follows: Services to be Provided. The RRFA agrees to perform the following services for the City, as prescribed in more detail in Exhibit 1, Office of the Fire Marshal Services and Exhibit 7, Emergency Management Program Support. Section IX. Shall be amended by striking references to Exhibit 3 and Exhibit 5. Section XII.E. Shall be deleted in its entirety. Section XIV. Shall be retitled “Payment Terms.” Section XIV.A. Shall be deleted in its entirety. Section XIV.B. Shall be deleted in its entirety. Section XVI.B. Shall be amended to read as follows: Termination of Exhibits 2 and 4 by Notice. The services identified in Exhibits 2 and 4 of this Agreement may be terminated by either party upon providing the other party with three hundred and sixty-five (365) days' advance written notice of termination. A termination pursuant to this subsection will terminate all services provided by one or more of Exhibits 2 and 4, as specified in the notice of termination. Partial termination of services within an exhibit may only be accomplished by mutual agreement and negotiated payment terms. Exhibits 1 though 7 Shall be replaced in their entirety by Exhibits 1, 2, 4, 6 and 7 of this Amendment, which are attached and incorporated herein. Except as provided above, all terms and conditions of the ILA shall remain in full force and effect. DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 CAG-16-116, Adden #1-21 Page 2 of 2 IN WITNESS, the parties below execute this Amendment, which shall become effective on July 1, 2021. City of Renton: By: Armondo Pavone, Mayor DATE: Renton Regional Fire Authority: By: DATE: ATTEST: _________________________ Jason A. Seth, City Clerk Steven C. Heitman, Fire Chief Steven C Heitman (Aug 9, 2021 16:45 PDT) Steven C Heitman Aug 9, 2021 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 9/23/2021 EXHIBIT 1 – OFFICE OF THE FIRE MARSHAL SERVICES Page 1 of 19 EXHIBIT 1 TO THE INTERLOCAL AGREEMENT FOR COOPERATION BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY OFFICE OF THE FIRE MARSHAL SERVICES 1.Office of the Fire Marshal Services. Prior to the establishment of the RRFA, the City’s Fire and Emergency Services Department provided Community Risk Reduction Services through its Community Risk Reduction Section, now referred to as the Office of the Fire Marshal (OFM). These services include, but are not limited to, administration and enforcement of applicable fire code and prevention regulations (“Code or Codes”), including RMC 4-5-070 as that section may be amended or recodified by the City. The RRFA will continue to provide these services for the City within the City’s boundaries, and as those boundaries may be adjusted in the future. As further described within this Exhibit 1,1 OFM Services are comprised of OFM Administration Services Fire Prevention Code Enforcement Services, Fire Prevention Development Services, and Fire Investigation Services (collectively, the “Services”). 2.Fire Service Fees Paid to RRFA. The City shall continue to collect applicable OFM Fees listed in Subsection XIII (a) (i-vi) and Section XIII (b)(iii) of the current City of Renton Fee Schedule. By no later than August 1 of each year, the RRFA may submit to the City proposed updates to the OFM fee schedule. Updates to the fee schedule are subject to City Council approval, which will not be unreasonably withheld. In the event the City Council does not approve the fee schedule proposed by the RRFA, the RRFA may, using the process identified in Section XVI(C) of the Agreement, request discussion of the financial impacts to the RRFA of not having its proposed fee schedule approved. All Fire Department OFM fees, as such fees may be renamed, shall be paid to the RRFA as compensation for the RRFA providing the City the services described in Exhibit 1. To the degree these fees and any associated late fees are collected by the City through its billing, permit or license systems, the City will remit the funds collected to RRFA in a timely manner. The parties agree these fees, along with any other consideration provided by this Agreement, constitute full, fair, and complete compensation for the RRFA’s performance of the Services described in Exhibit 1. 3. OFM Administration Services. The RRFA shall provide the following OFM Administration Services: a.Direct the management and supervision of personnel performing the Services. 1 The description of OFM Services in this Exhibit 1 is intended to provide an overview of the Services that were previously provided by the City’s Fire and Emergency Services Department. With the exception of emergency management services, the Services should be construed broadly so that the RRFA will continue seamlessly providing all services previously provided by the City’s Fire and Emergency Services Department. DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 1 – OFFICE OF THE FIRE MARSHAL SERVICES Page 2 of 19 b. Administer OFM programs and activities to include Fire and Life Safety inspections, Operational Fire Code permitting, plan review for Code compliance, Code enforcement, addressing, fire investigations, and public education. c. Interpret Codes as necessary to perform the Services. In the event of ambiguity or conflict in the Code, the RRFA will consult with the City. d. Approve materials, equipment, and devices used in construction, and the methods of construction to the extent that approval is required by the Code. e. Coordinate with the City in the City’s collection and remission of fees as outlined in the City of Renton Fee Schedule and this agreement with the City. f. Maintain records in accordance with state approved retention schedules, route development applications and plans, and fulfill public record requests consistent with Exhibit 6. g. Coordinate with the City to process development plans and Code related permit application packages in a timely manner consistent with City established customer service goals and applicable laws. h. Coordinate with the City to issue Code related permits in a timely manner consistent with City established customer service goals and applicable laws. i. Process Code complaints or inquiries from the public to include data entry, file creation, and routing of information. j. Schedule and conduct Code inspections for developers or contractors. k. Recommend and prepare updates to the Code for consideration by the City, including but not limited to state mandated updates to the International Fire Code. l. Review and approve variance requests when appropriate. m. Coordinate with City in the review of business license applications for compliance with Codes. n. Participate on the City's Environmental Review Committee (ERC). The RRFA shall be represented by its Fire Chief or designee. o. Perform all other administrative tasks necessary to support OFM Services for the City, including all administrative tasks designated by the Code as the responsibility of the Fire Chief, Fire Marshal, and/or Fire Code Official. p. Participate in the City’s Special Events Committee. DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 1 – OFFICE OF THE FIRE MARSHAL SERVICES Page 3 of 19 4. Fire Prevention Code Enforcement Services. The RRFA shall provide the following Fire Prevention Code Enforcement Services in Renton city boundaries: a. Perform all inspections required or authorized by the Code, including the inspection of new or relocated businesses for Code compliance, permit issuance. b. Investigate and resolve Code violation complaints or inquiries. c. Perform all Code enforcement duties of the Fire Marshall, Fire Code Official, and/or Fire Chief as provided in the Code. Provided, however, the City shall be responsible for providing prosecution services and legal counsel necessary to prosecute any civil or criminal code enforcement issues when enforcement requires judicial action (including hearing examiner proceedings). Once enforcement is turned over to the City for judicial action, the City retains independent prosecutorial discretion as to how or whether to proceed with enforcement action. The City will also maintain responsibility for any Code enforcement activities that require the presence or involvement of commissioned law enforcement officers. The RRFA staff who inspected the property and found it to be in violation shall appear before any court, hearing examiner, board, committee, or other body empowered to enforce the provisions of the IFC in order to assist Renton with enforcing the IFC at the sole cost of the RRFA. If the parties mutually agree, the City may provide employees of the RRFA with a limited law enforcement commission to enforce portions of the Code that require such commission (e.g. issuance of infractions for fire lane parking or fireworks enforcement). The parties acknowledge that the RRFA, by statute, has no duty to enforce any provisions of the code or to enforce ordinances of the City except under the terms of this Interlocal Agreement and the RFA Plan. Any duty the RRFA does have to enforce the Code is not intended to benefit any specific members of the general public. The City agrees that all court costs and other legal costs incurred in the judicial enforcement of the Code within the City limits shall be paid by the City and shall not be considered an operating expense of the RRFA. d. Coordinate with the City when enforcement efforts are contested and when the City is undertaking related non-fire code enforcement efforts. e. Perform 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. f. Coordinate with the City on post-disaster building and system inspections and/or evaluations. g. Approve and review fire safety, emergency evacuation, lockdown, shelter-in-place, and hazardous materials management plans. DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 1 – OFFICE OF THE FIRE MARSHAL SERVICES Page 4 of 19 h. Attend and provide testimony and exhibits at Code enforcement hearings before the City's Hearing Examiner, and upon appeal, if any, to court. i. Perform all other tasks related to providing the above Fire Prevention Code Enforcement Services. 5. Fire Prevention Development Services. The RRFA shall provide the following Fire Prevention Development Services in Renton city boundaries: a. Manage the Knox/Supra lock box program. b. Coordinate with the City to provide timely development review program services, including answering project inquiries, attending meetings, reviewing plans for Code compliance, and approving plans when in compliance with the Code. c. 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. d. Assist and advise the City in its economic development activities to include research of properties, systems and code requirements for potential projects and existing buildings. e. Approve hydrant placement on public and private projects. f. Provide false alarm reduction program activities, which should include follow up with owners of faulty alarm systems, coordination with property owner/agent in its efforts to troubleshoot and repair faulty alarm systems, and quality assurance of incident reports from false alarms. g. 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 correction agreements and field inspections. h. Perform all other tasks related to providing the above Fire Prevention Development Services and any related tasks arising from application of the Code. 6. Timeline of Work Provided. All services provided pursuant to this Exhibit shall be performed in a professional and competent manner pursuant to and within the timelines required of the Code, City policies and procedures, including applicable customer service standards, and any state or federal laws applicable to the performance of that work. DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 1 – OFFICE OF THE FIRE MARSHAL SERVICES Page 5 of 19 7. Level of Service. The consideration provided for the services identified in this Agreement are intended to maintain existing levels of service. The existing levels of service include initial development review completed according the schedules generally described as follows: a. Land Use: • Green Folder 1st Review completed within two (2) weeks • Pre-Application 1st Review completed within two (2) weeks • SEPA 1st Review completed within two (2) weeks b. Construction Permits*: • Single Family 1st Review within two (2) weeks • Commercial TI 1st Review within two (2) weeks • Commercial 1st Review within four (4) weeks *It is recognized by both parties that there are exceptions that arise that impact turnaround times that shall be taken into consideration in determining compliance with this section of the agreement. 8. In the event the City, for any reason, determines that it is in the interest of the City to increase the defined Level of Service, the City shall be responsible for the additional costs incurred by the RRFA to provide additional staffing to meet the increased Level of Service. Any modification to the Level of Service shall be preceded by an agreement relating to the modifications and the funding requirements. In event substantial volume increases affect the ability of the RRFA to meet the defined Level of Service, the parties agree to collaborate in the public interest to address adjustments in funding or services levels on mutually agreeable terms. 9. Fire Marshal/Fire Code Official Reports to City's CAO or Community and Economic Development (CED) Administrator. The City's Fire Marshal/Fire Code Official shall provide reports to the CAO or the City's CED Administrator as requested. While the Fire Chief shall have the authority to direct the work of the RRFA employees, the City's CED Administrator or designee shall be kept informed of the development review work performed by the RRFA employees, and shall have authority to provide input to the Fire Chief in setting the desired outcomes of staff performing duties of Fire Prevention Development Services. 10. Equipment to Perform Services. Equipment for staff that performs OFM Services shall be provided by the RRFA. For the purposes of performing the Services and subject to licensing terms and security requirements, the parties agree to cooperate and share DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 1 – OFFICE OF THE FIRE MARSHAL SERVICES Page 6 of 19 access to electronic permitting systems and other electronic systems necessary to coordinate services. The City shall allow the RRFA to access such systems from the RRFA network whenever it is feasible to do so. 11. Office Space to Perform Services. As partial consideration for the services provided, the City will, if requested by the RRFA, provide the RRFA with adequate office space to house the RRFA staff necessary to provide the services identified in this Exhibit. 12. Transmission of Fees and Charges. The City shall establish a standard procedure for the transmission of all fees it collects pursuant to Section XIV of the Agreement and remit the money to the RRFA on a timely basis that is no less frequent than monthly. When remitting payment to the RRFA, the City may deduct any costs it incurred to collect the fees, including but not limited to court costs, attorneys’ fees, and payments to debt collection companies. 13. Accounting of Fees and Charges. When the City transmits money to the RRFA pursuant to Section 12 of this Exhibit, the City shall provide the RRFA with supporting documents that describe the Services for which the money was collected. Parties recognize these fees are administered through the permit system that both parties have access and responsibility to ensure the accuracy and integrity of the data. The RRFA has a right to request an audit of the system no more frequently than once per year. The cost of an audit requested by the RRFA shall be paid by the RRFA unless otherwise agreed by the parties. 14. Collection of Fees. The parties will cooperate to collect outstanding unpaid fees and charges for the Services. The City is not required to pay the RRFA for uncollected or unpaid fees. 15. Fire Investigation Services. The RRFA shall perform Fire Investigation Services within the City limits that include but are not limited to: a. Investigate the cause and origin of fires, interview suspects and witnesses, examine fire scenes, document findings and prepare reports, protect evidence, cooperate with prosecutors and law enforcement, 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 ten thousand dollars ($10,000) or more. c. Coordinate arson investigation activities with the Renton Police Department as necessary. d. Staff the 24/7 Fire Investigation Unit by responding to all working fires when requested. e. Participate in regional and state fire investigative organizations and activities. DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 1 – OFFICE OF THE FIRE MARSHAL SERVICES Page 7 of 19 f. Perform all other tasks related to Fire Investigation Services. g. Providing cross training to City Personnel in the discretion of the Fire Marshall. 16. Evidence Retention. All evidence gathered during the criminal investigation of a fire or other event for which Fire Investigative Services are provided shall be collected and 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. 17. Cooperation in Criminal Investigations. The parties will cooperate and keep each other 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. This obligation shall not be construed to require the disclosure of information if disclosure could jeopardize a criminal investigation. 18. Records. All records relating to the provisioning of the services called for in Exhibit 1 shall be maintained as follows: a. Fire Plans Review Records shall be maintained in a permit system prescribed by the City, that shall be accessible by the assigned RRFA personnel. b. Fire Inspection Records shall be maintained in a records management system prescribed by the RRFA. Records shall be made available within a reasonable timeframe to the City upon request. c. Other records, not specifically listed herein, shall be retained in a method that is mutually agreed upon between the City and the RRFA. Records shall be made available within a reasonable timeframe to the City upon request. d. Record retention shall be in accordance with state records retention requirements. Custody and disclosure of the records shall be managed in accordance with Exhibit 6. 19. Employee Performance Feedback. The City of Renton shall provide regular feedback to the Fire Chief pertaining to the performance of RRFA employees performing services called for in Exhibit 1. 20. New Employees – Hiring or Assignment. When feasible, the City’s CAO shall have input into the appointment or assignment of any person to a position that performs services pursuant to Exhibit 1, which could include one (1) or more Renton employees serving on an interview panel for the hiring and/or assignment of that position. DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 2 – IT SERVICES Page 8 of 18 EXHIBIT 2 TO THE INTERLOCAL AGREEMENT FOR COOPERATION BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY INFORMATION TECHNOLOGY SERVICES 1. Purpose. The City of Renton provided Information Technology (IT) services to the RRFA since the RFA was established. As part of the RRFA’s transition to its own IT operations, the RFA will need to operate equipment in the Data Center spaces in Fire Station 12 which is operated and maintained by the City of Renton, and the City of Renton will continue to operate some elements of the City IT Network within stations of the RFA. 2. Crown Network. The City of Renton Wireless Network (CROWN) is operated by the City of Renton to benefit its citizens and public safety personnel. This network provides outdoor, parking lot WiFi access at some RRFA stations. The RRFA agrees to the City’s IT Department continuing to operate its WiFi network for outside- building access at the locations it is currently provided. The RRFA will allow City IT staff access to equipment spaces where CROWN equipment and network connections are maintained. The City IT department will label all network related equipment so that RRFA IT staff are aware that maintenance and operation (M&O) of the labeled equipment is the responsibility if the City IT Department. If the RRFA IT department will be working in the area of CROWN equipment, it will advise the Renton IT department, and will take measure to not disturb CROWN operations. The RRFA will allow City IT staff access to CROWN Network equipment during normal weekday business hours (8 AM – 5 PM, Monday – Friday) for purposes of maintenance, operations, and repair. 3. Fire Station 12 Equipment Colocation. The City IT department operates a backup data center for the City IT operations at Fire Station 12 pursuant to the rights granted to the City under the 2016 Ground Lease Agreement with the RFA. The City agrees to provide the RFA up to 10 rack Units spaces on the second floor of Fire Station 12, Uninterruptable power supply, and environmental conditioning to the equipment listed in Appendix A of this Exhibit. The City of Renton will provide RRFA IT staff the means to access this space on a 7x24x365 basis for the purposes of operating, maintaining, repairing and configuring RRFA equipment in the data center. The RRFA agrees to the City’s requirement that a FBI-CJIS – Certified employee will escort any employee or contractor needing access to this room at all times they are in the room. The parties shall work cooperatively to establish additional access and security monitoring equipment and procedures on a proportional cost sharing basis. DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 2 – IT SERVICES Page 9 of 18 4. Access to City Equipment and Applications by OFM Staff. As part of its contract with the City to provide Office of the Fire Marshal (OFM) services for the City, the RRFA shall be provided access to certain City Equipment and Business Applications to perform its job for the City. Staff in the OFM will be provided access by City IT staff with all necessary permitting and business licensing systems to effectively perform their duties for the City. The City IT Department agrees to implement a method to allow OFM staff to access these City Business Applications through the RRFA network whenever it is feasible to do so. 5. Consideration. The parties agree the above mutual promises are of roughly equivalent value and benefit to the parties and neither party shall be required to pay the other party for any of the items addressed in this Exhibit, except for as explicitly provided herein. APPENDIX A DISTRICT OWNED EQUIPMENT-FIRE STATION 12 DATA CENTER (9-1-20) 1. FW1201 = Cisco Firewall Switch 2. SW1201 = Cisco Network Switch 3. HP Proliant Server = Hyper V Server 4. Century Link = MOE Termination Box to our equipment 5. Comcast Router = Internet Redundancy 6. Mitel VOIP Phone Switch = Phone Redundancy DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 3 – FACILITIES AND GROUND MAINTENANCE SERVICES Page 10 of 18 EXHIBIT 3 TO THE INTERLOCAL AGREEMENT FOR COOPERATION BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY FACILITIES AND GROUNDS MAINTENANCE SERVICES Exhibit Terminated Effective January 1, 2020 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 4 –FLEET MAINTENANCE SERVICES Page 11 of 18 EXHIBIT 4 TO THE INTERLOCAL AGREEMENT FOR COOPERATION BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY FLEET MAINTENANCE SERVICES 1. Fuel Pumps. The RFA owns and shall be responsible for maintenance, repair, and replacement of the Fuel Tanks and pumps located at Fire Station 13 (“FS13”). The City owns and shall be responsible for the maintenance, repair, and replacement of the Fuel Tanks and pumps located at the City Shop. Both parties shall use reasonable efforts to keep their respective fuel tanks and pumps operable at all times. 2. Fueling. Both parties will be permitted to fuel vehicles on a twenty-four (24)-hour, seven (7)-day a week basis, at the City Shop and at FS13 by authorized employees and vehicles. The City shall manage the fueling system, fuel inventory, and maintain the automated accounting system at both the City Shop and FS13 to allow fueling at both locations. All fuel use shall be tracked by equipment or fuel cards. 3. Consideration. The City will invoice the RRFA for all fuel used by the RFA on a monthly basis. The RFA shall pay for the fuel at the same rate that the City pays for the fuel including fuel cost and any taxes paid by the City. The City reserves the right, with six months advance notice to implement a fee for managing the fuel system provided that the fee shall be based solely on a cost recovery basis and shall be based on the proportionate amount of fuel consumed by each party. 4. Equipment Ownership. The parties seek to clarify ownership in certain equipment that has been used by the City to serve, in part, RRFA equipment under previous versions of this Exhibit. The City owns the vehicle lifts within its shops. DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 5 –FINANCE, HR AND CIVIL SERVICE Page 12 of 18 EXHIBIT 5 TO THE INTERLOCAL AGREEMENT FOR COOPERATION BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY FINANCE SERVICE, GENERAL HR, AND CIVIL SERVICE EXAMINER SERVICES Exhibit Terminated Effective January 1, 2020 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 6 –RECORDS MANAGEMENT Page 13 of 18 EXHIBIT 6 TO THE INTERLOCAL AGREEMENT FOR COOPERATION BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY RECORDS MANAGEMENT 1. Record Custody and Cooperation. The parties recognize that the cooperative nature of their relationship and history of the City providing services and employing staff that will now be provided and employed by the RRFA will require cooperation and collaboration to transfer and maintain records in which both parties may have records retention and public records disclosure obligations. The parties agree to collaborate to transfer or jointly maintain public records in accordance with applicable records retention requirements, including Chapter 40.14 RCW, and the Washington State Public Records Act, Chapter 42.56 RCW. 2. Records Custody and Transfer. Either party may request business and operational records be transferred to or from the other party as necessary to efficiently conduct its operations and/or comply with applicable laws. Upon such request, the parties will coordinate to transfer the records, or accurate copies thereof. If the party with custody of the requested records determines it has a business need or legal requirement to independently retain the records, it may retain the original records and transfer copies to the other party. Alternatively, to the extent permitted by applicable laws, the parties may designate a joint records custodian to maintain the records in compliance with the applicable retention schedules that apply to each party. During the initial term of the City’s provision of human resource services pursuant to Exhibit 5, the City will act as the joint records custodian for the Fire Department/RRFA personnel and civil service files that are held and maintained by the City’s Human Resources Department. The RRFA will initially act as the joint records custodian for any personnel files for Fire Department/RRFA employees that are not in the possession of the City’s Human Resources department (e.g. supervisor desk files). If either party desires to destroy any former Fire Department personnel or civil service files that were created prior to the formation of the RRFA and the files have not previously been transferred to the other party, it will first offer to transfer the files to the other party. 3. Cost of Transfer and Storage. The costs of copying and transferring records shall be paid for by the party receiving the transferred records. Each party will be responsible for paying for applicable storage costs of the records it retains. If the parties designate one party to act as a joint records custodian, the other party will pay for half of the records custodian’s reasonable electronic or physical storage costs if payment of such costs is requested by the designated records custodian. DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 6 –RECORDS MANAGEMENT Page 14 of 18 4. Requests for Records. The parties recognize that each party may maintain custody of records the other needs to respond to a lawful request pursuant to the Public Records Act or subpoena. In the event of a public records request, the receiving party shall be responsible providing an initial five (5) business day response to the requestor as required by RCW 42.56.520, as that section may be amended or recodifed. The parties establish the processes set forth in Sections 5 and 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 RRFA. The method set forth in this Exhibit 6 shall serve only as a guideline, and may be altered from time to time as necessary. 5. Requests Directed to or Received by the City for Records in the Custody of the RRFA. In the event the City receives a public records request, subpoena, or other lawful request for records held by the RRFA that the City might be required to produce, the following process shall be followed: a. The City will advise the RRFA in writing that the request has been received. The RRFA 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 RRFA will provide copies, at its sole cost and expense and in the form requested by the City to the City. In the event the City receives payment for the copies provided at the RRFA’s cost, the payment received will be equitably distributed. c. The City will remain responsible for communicating with the requestor in compliance with all legal obligations. The City and the RRFA 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 RRFA that were not provided to the City by the RRFA, then the RRFA shall defend such claim or lawsuit and pay any damages, fees, costs, or settlements relating to such claim or lawsuit. The City and the RRFA agree to cooperate fully in the defense of any such claim or lawsuit. If both the City and the RRFA fail to produce all records, they will cooperate in defense and each party will pay all its own legal costs and attorneys' fees. 6. Requests Directed to or Received by the RRFA for Records in the Custody of the City. In the event the RRFA receives a public records request, subpoena, or other lawful request for records held by the City that the RRFA might be required to produce, the following process shall be followed: DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 6 –RECORDS MANAGEMENT Page 15 of 18 a. The RRFA will advise the City in writing that the request has been received. The City will have five (5) business days to respond to the RRFA with the records or a reasonable estimate of the time necessary to provide the RRFA with the records. b. The City will provide copies, at its sole cost and expense and in the form requested by the RRFA to the RRFA. In the event the RRFA receives payment for the copies provided at the City’s cost, the payment received will be equitably distributed. c. The RRFA will remain responsible for communicating with the requester in compliance with all legal obligations. The City and the RRFA 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 RRFA, and at the expense of the RRFA, 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 RRFA Records in the sole custody of the City that were not provided to the RRFA 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 RRFA 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. DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 7 –EMERGENCY MANAGEMENT PROGRAM SUPPORT Page 16 of 18 EXHIBIT 7 TO THE INTERLOCAL AGREEMENT FOR COOPERATION BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY EMERGENCY MANAGEMENT PROGRAM SUPPORT 1. The purpose of this exhibit is to provide a foundation for the best possible emergency management services for the community by ensuring the active cooperation and participation between the RRFA and the Emergency Management program of the City, while maintaining the same level of emergency management participation as that prior to the formation of the RRFA. In keeping with that intent, the RRFA agrees, to the extent RRFA resources are available, to use reasonable efforts to provide the following: a. Supporting a shared emergency and disaster response, which includes: • Participating as part of the Mayor’s Staff Policy Group discussions; • Retaining the authority to request activation of the Emergency Operations Center (EOC) in support of an emergency incident; • Conducting field damage assessment in coordination with City damage assessment procedures; • Relaying information about observed damage and field conditions to the Renton EOC; • Providing a qualified RRFA representative to the EOC during activations; • Providing the City with a list of personnel qualified at the Incident Command System Section Chief level to be part of the Section Chief rotation in the EOC; • Providing qualified administrative support staff to be part of the EOC staff rotation; • Maintaining communication between the Fire Department Operations Center (DOC) the EOC, and/or between the Fire Incident Commander and the EOC; • Embracing Unified Command where appropriate in the field; • Advising the EOC of operational readiness; • Notifying the EOC Duty Officer of significant events (e.g., those that result in the need for emergency notification of the public, evacuation or sheltering, DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 7 –EMERGENCY MANAGEMENT PROGRAM SUPPORT Page 17 of 18 hazmat releases, or other threats to the public), or other incidents that would trigger use of the City’s emergency plan or activation of the EOC; and • Participating in recovery activities. b. Engaging in planning, training, and exercise activities with the City, which includes: • Assigning a representative to serve on the City’s Emergency Management group and participating in those monthly meetings; • Assisting in the plan revision for specified Emergency Support Functions in the City of Renton Comprehensive Emergency Management Plan to meet state revision deadlines; • Contributing to other emergency plans with a role for Fire, Emergency Medical Services, Rescue, Hazmat, etc.; • Participating in a minimum of one (1) functional exercise annually with the City and other exercises as needed to maintain necessary familiarity with multiple City emergency functions; and • Providing qualified instructors for up to three (3) units of instruction twice a year for the Community Emergency Response Team program. c. Maintaining a Continuity of Operations Plan (COOP) for the RRFA. d. Maintaining and reporting on National Incident Management System compliance. e. Acknowledging the City’s Emergency Management program as the sole agency responsible within the boundaries of the City of Renton for recruiting, training, managing, and deploying volunteers covered under the Washington State Emergency Worker program, including the Renton Emergency Communication Service, the Community Emergency Response Teams, and any other similar emergency worker volunteer groups which might be initiated and managed by the City in the future. f. Acknowledging the City’s Emergency Management program as the sole originator of emergency management public education messages as well as broader emergency messages to the public by coordinating emergency community notifications through the EOC Duty Officer. 2. The City and the RRFA agree to provide certain accommodations with respect to shared facility and equipment use: a. RRFA will provide use of a predesignated fire station as a backup EOC; DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 EXHIBIT 7 –EMERGENCY MANAGEMENT PROGRAM SUPPORT Page 18 of 18 b. RRFA will keep existing emergency communications equipment/stations in place, and maintain free and clear access to such equipment for use during testing or emergency activation; c. RRFA will grant properly authorized and insured City volunteers and City staff access to RRFA facilities during reasonable hours to maintain and operate emergency equipment, including antennas and radio towers; d. The RFA will cooperate with the City to coordinate City use of the Fire Station 14 training facility for special Emergency Management classes with reasonable accommodation, e.g., CERT classes which are traditionally provided in the spring and the fall of each year; e. The RRFA will provide one (1) outdoor parking space with electrical power at Fire Station 12 for the Mobile Communications Response Unit and will allow the City to cover such space; f. The RRFA will work cooperatively with the City to provide adequate storage space for training, public education, and communication systems supplies and equipment at Station 14 and Station 13 to the extent the RRFA has sufficient surplus space (public education closet and amateur radio closet); g. The City will coordinate with the RRFA for the use of fire stations for quick-grab emergency food/water supplies for all field responders, and the RRFA will determine the best storage location and mechanism for accessing them during an emergency; h. The Mobile Communications Response Unit (MCRU) may be requested via the Renton EOC Duty Officer to support communications at an incident at no cost to the RRFA. MCRU must be operated by a qualified City volunteer or City staff; i. Assets transferred to the RRFA, but which were purchased by Emergency Management grant funds, shall not be disposed of without the approval of the City’s Emergency Management group, must maintain their Emergency Management inventory tag, and must be made available for inspection upon request by the State Auditor’s Office or State Department of Emergency Management at any time; j. 800 MHz radios assigned to Emergency Management will be retained by the City, which will assume responsibility for maintenance and service costs; and k. The RRFA will coordinate with Emergency Management staff for the use of the primary EOC facility as a classroom. DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 CITYOFRENTON,WASHINGTONRESOLUTIONNO.4444ARESOLUTIONOFTHECITYOFRENTON,WASHINGTON,AUTHORIZINGTHEMAYORANDCITYCLERKTOENTERINTOAMENDMENTNO.1TOINTERLOCALAGREEMENTFORCOOPERATIONBETWEENTHECITYOFRENTONANDRENTONREGIONALFIREAUTHORITY.WHEREAS,theCityandtheRentonRegionalFireauthority(“RRFA”)(collectivelyreferredtohereinasthe“Parties”)enteredintoaninterlocalagreementunderRCWChapter39.34,theInterlocalCooperationAct,toimplementtheRegionalFireAuthorityPlanapprovedbyvotersonApril26,2016(the“ILA”);andWHEREAS,thePartieshavedeterminedthatamendmentstotheILAarenecessarytoclarifythecurrentlevelofservicesprovidedbetweenthepartiesandtoremoveoutdatedlanguagethatnolongerapplies;NOW,THEREFORE,THECITYCOUNCILOFTHECITYOFRENTON,WASHINGTON,DORESOLVEASFOLLOWS:SECTIONI.TheMayorandCityClerkareherebyauthorizedtoenterintoAmendmentNo.1toInterlocalAgreementforCooperationBetweentheCityofRentonandRentonRegionalFireAuthority,attachedheretoasExhibit“A”andincorporatedbythisreference.PASSEDBYTHECITYCOUNCILthis13thdayofSeptember,2021.LibtJas7A.Seth,CtClerk1 RESOLUTIONNO.4444APPROVEDBYTHEMAYORthis13thdayofSeptember,2021.Approvedastoform:ShaneMoloney,CityAttorneyRES.1856:8/11/2110Pavone,Mayor2 RESOLUTIONNO.4444EXHIBIT“A”AMENDMENTNO.1TOINTERLOCALAGREEMENTFORCOOPERATIONBETWEENTHECITYOFRENTONANDRENTONREGIONALFIREAUTHORITY3 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2 DocuSign Envelope ID: 883B9DF7-22B2-4E2E-ACC4-FA3D5612CFF2