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HomeMy WebLinkAboutContract ® CAG-95-087 .................... _. ...... ......... ......... ...._... _.._ ......... ......... ................... ......... ...... ....... .. _ ..._ .. _. ....... ......... ......... .._..... ......... ...... _ .......... -........ ............. . ......... AGREEMENT ..FOR FIRE AND EMER .......11 ......... ......... ............._... .... _....... _....... .. ..... ....._._... ... ............ ....... ......... _............_......................... ......... ......... .. ......... _ _.... ..... ................... OPERATION OF FACILITIES. RENT07 FIRE DEiPARTMEN ........................................NG aUNT ' FIRE DSTRTGT # 5 This agreement is entered into between the CITY OF RENTON, a municipal corporation, hereafter referred to as "City, " and KING COUNTY FIRE PROTECTION DISTRICT No. 25, a municipal corporation, hereafter referred to as "District. " A. The District contracts with the City for the City to provide fire suppression, emergency medical, and fire prevention services to the area within the boundaries of the District. B. This agreement is entered into by the City under the authority of RCW 35A. 11 . 040 and the District under the authority of RCW 52 . 12 . 031 and in conformity with RCW 39. 34, the Interlocal Cooperation Act . C. It is the purpose of this agreement to provide the terms and conditions under which the City will provide services to the District. To carry out the purposes of this agreement and in consideration of the benefits to be received by each party, it is agreed as follows : 1 . 1 Services to be provided by City. The City agrees to provide all fire department services that are provided within City boundaries to the District excluding the services that the King County Fire Marshal ' s office provides . The City assumes no liability for failure to provide fire and emergency medical protection by reason of any circumstances beyond its control . In the event of simultaneous fires or emergency medical calls within the City and outside of the City whereby facilities of the City are taxed beyond its ability to render equal protection, the officers and agents of the City shall have discretion as to which call shall be answered first and shall be the sole judge as to the most expeditious manner of handling and responding to said calls . The City shall furnish all personnel required to perform the services described above; subject, however, to the discretion of the City in dispatching and staffing for simultaneous fires and emergency medical calls, as stated above. 4 The City agrees to provide all administrative services for the District and all clerical services except those provided by the District Secretary. It is the intent of the District to employ, during the first ten (10) years of the contract, a District Secretary (Administrative Secretary) who, in addition to other duties, will perform the clerical tasks of the District, AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE&JOINT OPERATION OF FACILITIES-Page I including the secretarial duties for the Board of Commissioners . In- any event the District intends to employ at least one full- time employee for the next ten years . In the event of an agreement between the District and the City to change the duties of the one full-time employee during the first ten years of the contract, the City would continue to provide administrative, as well as clerical services, for the District. After ten (10) years the City will provide all administrative and clerical services for the district, including the secretarial duties of the Board of Commissioners . 1 .2 Payment by District. The District will collect revenues from property taxes during the first ten (10) years of the contract . The District shall pay to the City from property taxes received, a fee for services rendered at a rate of $1 .25 per thousand of assessed valuation of the District. At the end of ten (10) years the property taxes collected by the District and paid to the City will change to reflect the amount the District can currently collect without an employee. The District will turn over all revenues collected annually as payment for service rendered (in accordance with this contract) . The revenue described above does not include interest accrued on the $400, 000 . 00 reserve account described later in this document. Emergency Medical Service levy revenues, Basic Life Support (BLS) will be paid directly to the City and shall be in addition to the aforementioned revenues . The District agrees to transfer certain assets to the City in the first year of this agreement. The assets to be transferred include: a. 10% ownership of the District Fire Station located at 12923-156th Avenue, S .E. , Renton. b. (F2509) - 1987 Ford Aid Unit. C. (F2512) - 1992 Ford Explorer. d. Universal Gym Set located at Station No. 12 . e. (12) Twelve each MSA units with spare bottles . The District agrees at the end of ten (10) years to transfer all remaining assets, liabilities and future liabilities to the City of Renton, except for: • 10% of Fire Station No. 16 (12923-156th Avenue, S .E. , Renton) , which will remain as a part of the District assets as long as the District exists . AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE&JOINT OPERATION OF FACILITIES-Page 2 • A cash amount of $400, 000 . 00 which will be used to pay Commissioner expenses and District emergencies . (The interest earned on the $400, 000 . 00 fund will remain property of the District. ) The City agrees to seek no transfer of assets from the District, as otherwise entitled by law, for any individual annexation to the City amounting to less than 600 of the District during the first ten (10) years of this contract . This section will apply to any annexations that have not been finalized prior to March 1, 1995. 1 . 3 Insurance. The City shall provide for Fire District No . 25 insurance "dollar" limits and coverage as described as follows : Property Coverage. The City of Renton shall provide property coverage to insure the replacement costs of all Fire District No. 25 buildings and equipment utilized by the City of Renton or by the City of Renton on behalf of Fire District No . 25 . Fire District No . 25 shall be named a loss payee on all City insurance policies for claims involving Fire District No . 25 buildings and equipment. Liability Coverage. The City of Renton shall provide general liability insurance to include errors and omissions coverage and automobile liability coverage to insure the City of Renton and Fire District No. 25 regarding any and all operations by the City of Renton on behalf of Fire District No . 25. The limits of coverage to be provided by the City of Renton shall be $2, 000, 000 per occurrence. The City of Renton shall provide evidence of insurance to the District when requested by the District in writing. Liability limits per occurrence shall, during the life of this agreement, reflect the liability limits according to the policy in effect at the time as established by the City and agreed to by the District. 1 . 4 Property Ownership. All property currently owned or acquired by the District to enable it to perform the services required under this agreement, shall remain the property of the District in the event of the termination of this agreement except as set forth herein in sections 1 . 2 and 1 .21 . All property acquired by the City to enable it to perform the services required under this agreement, shall remain the property of the City in the event of the termination of this agreement. 1 . 5 Equipment Marking. All equipment and personal property that has been or will be purchased by the District for use by the City under the terms of this agreement shall be distinctly marked as property of the District . 1 . 6 Maintenance of District Facilities. All station facilities owned by and located within the District and all equipment owned by the District shall be maintained by the City. AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE&JOINT OPERATION OF FACILITIES-Page 3 1 . 7 Vehicle Maintenance and Operation. The City shall furnish all required fuel, lubricants and normal service necessary for the proper operation of District equipment used to perform the services to be provided by the City under this agreement. 1 . 8 Major Repairs . The City and District agree that both shall share the costs of major repairs to the station facility and equipment. A major repair shall be defined as a single repair item resulting in an expense of more than $1, 000 . 00 . During the first ten (10) years, the City shall pay the first $1, 000 . 00 of any single repair of the district' s station and/or equipment. The district shall pay 1000 of the cost exceeding the $1, 000 . 00 single repair. At the end of ten (10) years the City will pay 1000 of the cost of all repairs to the station and/or equipment. 1 . 9 Equipment Location. All equipment purchased by the District shall be assigned to and stationed in the District station; provided however, that such equipment may be used for calls within the City and may be temporarily stationed within the City when deemed necessary by the Fire Department administration. In the event District equipment shall be out of service, the City agrees to temporarily assign and station City equipment in District stations when equipment is available and deemed necessary by the Fire Department administration. 1 . 10 Personnel Assignment. The District station shall be manned by a minimum of one (1) Officer (Lieutenant, Acting Lieutenant, or Captain) and two fire fighters, 24 hours a day 365 days per year. One (1) Captain and two (2) Lieutenants shall be assigned to the District station. 1 . 11 Compliance with County Regulations. The City shall comply with County Fire Prevention Ordinances to the same extent and degree that the District would be required. 1 . 12 Former Employee Sick Leave. The former District employees ' accrued sick leave will be carried over to the City of Renton for a period of five years from April 1, 1993 . At the end of five years the District will cash out the District sick leave jj per Local 2439 Union Contract in effect on January 1, 1993 (this 9p means 1/4 of sick leave cashed in at the rate of pay in effect on January 1, 1993) . The District employees will use the District accrued sick leave first before using their Renton sick leave . The rate of pay in effect as of January 1, 1993 is set forth in Exhibit A. A list of salaries for 1993 is attached hereto as Exhibit B, and the list of personnel, entry date of employment, pension system and promotion data is attached hereto as Exhibit C, all of which are incorporated herein as if fully set forth. AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE&JOINT OPERATION OF FACILITIES-Page 4 I� L I 1 . 13 District Employee. The District shall employ one full time, fully paid employee. The nature of the position to be filled and the job description of the position shall be established by the Board of Commissioners on the recommendation of the Chief. The employee shall be selected by a representative of the Board of Commissioners and the Chief in accordance with the standards established by the Board of Commissioners and shall report to and act under the supervision of the Chief or the Chief' s designee . In the event the City acquires the District operations, station, equipment and assets, the City agrees to employ the District employee with no loss of salary or benefits . During the first ten (10) years of the contract, the District will employ one (1) District employee. At the end of ten (10) years, or at any time during the life of this agreement, it is found that the position is no longer required by need or by law, the City agrees to provide an employment opportunity to that individual, in a position similar in nature within the City. This employee, while employed by the District, shall report to and act under the direction of the Chief of the fire department . The Fire Chief shall consult the Commissioners for their concurrence in the event of a change in the District employee ' s job description or work location (currently Station No. 16) . The Commissioners shall have the final approval of the work location through December 31, 1996. The Chief will have final say of the work location thereafter. I 1 . 14 106% Lid Lift. The determination of whether or not the District should submit a ballot proposition to the voters of the District to lift the 106% tax lid within the District shall remain at the discretion of the Board of Commissioners . 1 . 15 Liability. The City shall, at all times, be solely responsible and liable for the acts or the failure to act of its personnel and of Fire District No. 25 volunteers and Fire District No . 25 paid employee that occur or arise in any way out of the performance of this contract, and save and hold the District and its personnel and officials harmless from all costs, expenses, losses and damages, including costs of defense, incurred as a result of any negligent acts or omissions of Fire Department personnel relating to the performance of this contract . 1 . 16 Term. This agreement shall be in effect as of the first day of January, 1996, and shall continue as long as the District exists . 1 . 17 Modification. This instrument constitutes the entire agreement between the parties . No modification or amendment shall be valid unless evidenced in writing, properly agreed to and signed by both parties . In the event that either of the parties shall notify the other party in writing of its intent, AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE&JOINT OPERATION OF FACILITIES-Page 5 V such request to renegotiate shall not be considered a notice of termination as provided for in paragraph 1 . 16 . 1 . 18 Severability. If any provision of this agreement or its application is held invalid, the remainder of the agreement or the application of the remainder of the agreement is not affected. 1 . 19 Benefits. This agreement is entered into for the benefit of the parties to the agreement only and shall confer no benefits, direct or implied, on any third persons . 1 .20 Arbitration. During the term of this agreement, either party may request in writing the renegotiation of specific provisions . In the event such a request is made, the parties agree to negotiate such provisions in good faith. In the event the parties are unable to agree on any requested revision, addition or deletion, the parties agree to submit the matter to arbitration. The City and the District shall agree upon a single arbitrator. If the City and the District cannot agree on a single arbitrator, then the City and the District will each appoint their own arbitrator and the two arbitrators will choose a third, neutral arbitrator. The arbitration shall be governed, to the extent possible, by the mandatory arbitration rules of the King County Superior Court. Each side shall pay one-half of the costs of the arbitration. A request made under the provisions of this paragraph shall not be considered a notice of intent to terminate the agreement. 1 .21 Dissolution of Contract. In the event that the District shall seek to and succeed in breaking this contract, the City shall be entitled to 100 of the District' s Fire Station No . 16 located at 12923-156th Avenue, S .E. , Renton for each of the years this contract is in effect, beginning in 1996. This would include up to a maximum of 900 ownership of the station. Dated: 1995 . CITY OF RENTON KING COUNTY FIRE PROTECTION DISTRICT NO. 25 By: By: Mayor Chairman of the Board ATTEST_ By:, By: 9- �4� 1 City OYe Secretary CITY14.02:as. AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE&JOINT OPERATION OF FACILITIES-Page 6 h� , HOURLY RATE FOR 1993 KING COUNTY FIRE DISTRICT 25 SHIFT PERSONNEL ONLY Base W/Degree Prob. F/F 11.23 hr. 11.46 hr. 3rd Class 12 .50 hr. 12. 75 hr. 2nd Class 13 .70 hr. 13 .97 hr. 1st Class 14.97 hr. 15.27 hr. W/5 years 15.08 hr. 15.38 hr. W/10 years 15. 20 hr. 15.49 hr. W/15 years 15 . 31 hr. 15.60 hr. Prob. Lt. 16.10 hr. 16.42 hr. W/5 years 16. 21 hr. 16 .53 hr. W/10 years 16. 32 hr. 16.64 hr. W/15 years 16 . 43 hr. 16 .75 hr. Lieutenant 17.22 hr. 17.57 hr. W/5 years 17. 33 hr. 17 .68 hr. W/10 years 17.44 hr. 17.79 hr. W/15 years 17.55 hr. 17.90 hr. Prob. Capt. 17.97 hr. 18.33 hr. W/5 years 18.08 hr. 18 . 44 hr. W/10 years 18.19 hr. 18.55 hr. W/15 years 18 . 30 hr. 18 .66 hr. Captain 18.72 hr. 19.09 hr. W/5 years 18 . 83 hr. 19.20 hr. W/10 years 18 .94 hr. 19 .31 hr. W/15 years 19 .05 hr. 19.42 hr. To figure day personnel hourly rate: 40 hrs. X 52, = 2080 hrs. divided by annual wage = hourly rate. EXHIBIT "A" (U92APPA CONTINUED) KING COUNTY FIRE PROTECTION DISTRICT#25 SALARIES /q9-3 Job Description Salary W/Degree $ of 1st 22 Class Pay Prob. FF (0-12 mo) $ 2531. 00 $ 2582 . 00 75% 3rd Class FF (13-24 mo) $ 2817.00 $ 2873 . 00 83 .5% 2nd Class FF (25-36 mo) $ 3087. 00 $ 3149. 00 91.5% 1st Class FF* (37 mo +) $ 3374.00 $ 3441. 00 100% *W/5yrs (25. 00) $ 3399.00 $ 3466. 00 " *W/lOyrs (50. 00) $ 3424 . 00 $ 3491. 00. " *W/15yrs.(75. 00) $ 3449 . 00 $ 3516. 00 " Prob. Lieut.* $ 3627. 00 $ 3700.00 107 .5% Prob. Fire Prev Offic*. it of " *W/5yrs (25. 00) $ 3652 .00 $ 3725. 00 " *W/10yrs (50. 00) $ 3677.00 $ 3750. 00 " *W/15yrs (75. 00) $ 3702 . 00 $ 3775. 00 " Lieutenant* $ 3880. 00 $ 3958 . 00 115% Fire Prev. Officer* if it of *W/5yrs (25 . 00) $ 3905. 00 $ 3983 .00 if *W/lOyrs (50. 00) $ 3930. 00 $ 4008 . 00 to *W/15yrs (75. 00) $ 3955. 00 $ 4033 . 00 it Prob. Captain* $ 4049. 00 $ 4130. 00 120% *W/5yrs (25. 00) $ 4074.00 $ 4155. 00 of *W/10yrs (50. 00) $ 4099. 00 $ 4180. 00 if *W/15yrs (75. 00) $ 4124.00 $ 4205.00 if - Captain* $ 4218.00 $ 4302 . 00 125% *W/5yrs (25. 00) $ 4243.00 $ 4327. 00 it *W/lOyrs (50. 00) $ 4268. 00 $ 4352 . 00 of *W/15yrs (75. 00) $ 4293 .00 $ 4377. 00 EXHIBIT "B" Page 36 (U92APPA) CAREER STAF F ENTRY DATE PENSION PROMOTED CHIEF Larson, Arthur 12/01/71 LEOFF I ADMINISTRATIVE ASSISTANT _ Little, Renee' 01/11/89 PERS II CAPTAIN Flora, William 06/01/82 LEOFF II 07/01/92 LIEUTENANTS Ehle, Joe 12/01/86 "LEOFF II .10/01/91 Homan, -Robert 12/01/86 LEOFF II 07/01/92 Luquette, Roy 09/09/75 LEOFF I 08/01/83 Nipert, Patrick 07/01/85 LEOFF II 07/01/92 Proulx, Michael 02/03/86 LEOFF II 08/01/90 Sheffer, Randy 09/20/83 LEOFF II 07/01/92 FIREFIGHTERS DeSmith, Charles 03/20/88 LEOFF II Evans, William 10/01/85 LEOFF II Hart, Randy 05/03/91 LEOFF II Havner, J. M. 02/24/92 LEOFF II Lyon, Ralph 02/18/80 LEOFF II McCoy, Michael 04/28/92 LEOFF II McDonald, Douglas 01/01/92 LEOFF II Mendenhall, Shawn 04/15/88 LEOFF II Moquin, James 12/01/86 LEOFF II EXHIBIT "C" NAME ENTRY DATE PENSION Nelson, Steven 04/28/92 LEOFF II Peterson, Kenneth 11/01/88 LEOFF II Spivey, Del 12/01/86 LEOFF II Stanley, Todd 02/24/92 LEOFF II Suggs, James 0'1/20/86 LEOFF II Vollandt, Jeffrey 04/28/92 LEOFF II Willis , Joel 02/24/92 LEOFF II EXHIBIT "C" Continued. . . . . i I 01/07/93