HomeMy WebLinkAboutContract CAG-08-015
ORIGNAL
FIRE AND EMERGENCY SERVICES OPERATING AGREEMENT
BETWEEN
THE CITY OF RENTON AND KING COUNTY FIRE PROTECTION DISTRICT#40
I. Parties
The parties to this agreement are the City of Renton, a State of Washington Municipal
Corporation, referred to herein as the City, and King County Fire Protection District #40,
a State of Washington Municipal Corporation, referred to herein as the District.
II. Purpose
Both Parties are authorized under the provisions of RCW 39.34.080 and 52.08.035 to
contract with each other to establish fire prevention, education, suppression, and
emergency medical services for the citizens within their respective boundaries. The
purpose of this agreement is to set out terms of such service. Both parties desire to
maintain the service within their respective boundaries in the entire service area, and
believe that this will be most effectively furnished by establishing services on a
contractual basis in the manner provided herein.
III. Services and Payment
A. Level of Service. The City shall provide fire and emergency services within the
jurisdictional limits of both parties' boundaries pursuant to this agreement. In
providing such service, the City shall endeavor to maintain a rating from the
Washington Survey and Rating Bureau or any successor agency at least as
favorable as that which is now held by each of the parties. The Washington
Survey and Rating Bureau's current rating for the parties at the time of the signing
of this agreement are:
City of Renton—Class 3
Kin g Y Count Fire District 40—Class 4
B. The level of service shall be based on the Fire & Emergency Services
Department's operational service plan as adopted through the City of Renton's
budgeting process, reviewed annually by the Board of Commissioners prior to
October of each year and as approved by the City Council. In preparing the
budget for fire services, the City of Renton shall prepare or revise the operational
services plan for the District's review, identifying incidents and responses in the
service area, reporting on accomplishments, outlining the prospective work plan
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initiatives, and summarizing departmental budget and staff resources. Fire
services capital needs will be included as appropriate.
C. Services Provided. The City agrees to provide to the residents of District 40 the
same level of fire and emergency services as provided to residents of the City of
Renton, consistent with Attachment A, Costs of Service. The District agrees to
pay the costs of this level of service in two equal semi-annual payments made in
May and November, with the payment amount to be adjusted annually based on
the adoption of the City of Renton budget, the operational services plan, and with
agreement of the Board as outlined in this section.
D. Cost of Services. Service model costs are outlined in Attachment A and are based
on the fully loaded cost for on-duty full-time equivalent staffing, and calculating
department and city overhead percentages.
E. 2008 Services. The City and District have entered into a Memorandum of
Understanding as of January 22, 2008 (reference agreement CAG 08-010), in
which the District delegates the authority to operate the District to the City of j
Renton for the purposes for providing fire and emergency medical services
effective February 1, 2008. The arrangement is a time-limited loaned executive
model to manage the District until the effectuation of this agreement. The
Memorandum of Understanding terms and conditions are incorporated herein by
reference and provided as Attachment B.
F. Effect of Annexation. There is the possibility that over a period of time portions
of the district would annex to Renton or incorporate into a new city. It is the
objective of the District that its residents continue to receive a level of fire and
emergency medical services at least at the level provided by the City. The parties
agree to adjust the annual costs of service as follows:
1) In consideration for a long-term contractual relationship, the City and Fire
District agree that in the spirit of RCW 35A.14, the City of Renton will
calculate and inform both parties as to the cumulative total of valuation of the
District's area that has been annexed by the City and removed from the
District beginning on January 1, 2009, and annually thereafter. Annual
adjustments will be made to the base valuation as a result of re-evaluations by
the King County Assessor's Office, new construction and reductions as a
result of annexation.
2) The percentage change in assessed valuation removed from the District due to
annexation will be deducted from the total estimated cost of service for the
following year, pro-rated by month and credited for the prior year. This
adjusted base cost of service will be used for future calculations.
3) In the spirit of RCW 35A.14.380, at any time after the total remaining
valuation of the Fire District becomes less than 40% of the 2009 base, the
District may choose to go to a vote of the people remaining in the District to
determine if District residents desire to transfer the ongoing responsibility for
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the delivery of fire and emergency medical services to the City in exchange
for the net value of remaining assets and continued annual payment to the City
of a reasonable fee for services. If approved by the voters of the District, the
responsibility would transfer to the City for the net value of remaining assets
and the fee would be set by the District agreeing to levy the maximum regular
tax rate permitted by statute subject to RCW 84.55.010.
G. For the year 2008, the estimated costs of service will be pro-rated monthly.
H. The City and District have entered into a Memorandum of Understanding dated
September 20, 2007 (reference agreement CAG 07-181), in which the District and
City agreed to to address the potential impacts and transition of a shift in
jurisdictional responsibility for fire and emergency medical services assuming
successful passage of a measure proposing annexation of the Benson Hill area to
the City of Renton. The Memorandum of Understanding terms and conditions are
incorporated herein by reference and provided as Attachment C.
IV. Administration
The Fire and Emergency Services Administrator shall be an employee of the City under
the direction of the City's Chief Administrative Officer. It is understood that the
authority to hire, discipline, commend, or terminate the Fire and Emergency Services
Administrator rests with the Mayor. The Commissioners agree that the Fire and
Emergency Services Administrator shall be the Fire Chief of the District and their Chief
Administrator and Operational Officer.
The administration of this agreement is viewed as a partnership between the two
governments, and regular dialogue between the parties is encouraged in keeping with
section V.B, Meetings. The intent of this section is to create an open environment to
discuss the operation of the agreement and any suggested modifications or
improvements. Because the Fire and Emergency Services Administrator is the primary
contact and administrator of services provided to the District, it is in the interest of both
parties to allow input into decisions that will affect the administration of the agreement.
Any input provided by the Commissioners may be used in making decisions.
Renton's Mayor and Chief Administrative Officer shall include the District
Commissioners, to the extent possible, in the interview process for hiring a new
Administrator. The Board shall be notified of significant decisions regarding the hiring
or termination of the Fire and Emergency Services Administrator prior to the information
becoming public.
V. Contract Administration
A. General. The parties mutually agree:
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1) To execute all documents necessary to give effect to this agreement.
2) The City shall exercise discretion and determination over the quality and
quantity of supplies, vehicles, equipment, materials, or character of work
performed in the construction, alteration, or repair of any fire service
facilities consistent with the operational plan.
3) Administration of this agreement shall be the responsibility of the City's Chief
Administrative Officer, under the policies of the governing bodies of the
parties to this contract as set forth in the operational plan. Under the
direction of the Chief Administrative Officer, the Fire and Emergency
Services Administrator shall implement this agreement to its fullest extent
in order to provide the services identified herein.
B) Meetings. The Mayor and Fire and Emergency Services Administrator shall meet
with the commissioners no less than annually as part of the District's regular
meetings to ensure that this agreement is being administered in the best interest of
both parties and consistent with the operational plan, and the Fire and Emergency
Services Administrator or his designee will regularly attend monthly meetings of
the District's Board of Commissioners.
C) Modifications. No modification or amendment to this agreement shall be valid
unless evidenced in writing, properly agreed to, and signed by both parties.
During the term of this agreement, either party may request in writing to
renegotiate specific provisions of the agreement or to settle other differences of
the parties. In the event such a request is made, the parties agree to negotiate such
provisions in good faith.
In this regard, the parties acknowledge that there may be actions by others that
could impact the delivery of emergency services. Such actions may be
annexations, incorporations, tax reform, and new government(s) being formed. It
is therefore in the best interest of both parties to fully examine these types of
actions and jointly take steps to mitigate or eliminate any negative effects of such
actions. To that end it shall be a requirement of the parties to meet and discuss
potential actions that could adversely affect either party and if such action(s) are
taken by a third party, it shall be mandatory for the parties to meet and take steps
to mitigate or eliminate the impacts for the benefit of both agencies.
A request made under the provisions of this paragraph shall not be considered a
notice of intent to terminate the agreement.
D) Dispute Resolution.
1) Participation. In the event that any dispute arises between the parties as to
the interpretation or application of any term of this agreement, or as to the
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validity of any claim made by either party against the other as a result of
this agreement, and the parties are unable to resolve the dispute through
negotiations, the parties agree to participate in a nonbinding, neutral
evaluation and mediation of their dispute at a mutually agreeable location
prior to commencing legal action. Either party may request that any
dispute be submitted to neutral evaluation and mediation at any time upon
the giving of written notice to the other party.
2) Selection of Mediator. Upon the giving of notice by either party as
provided above, the parties shall attempt to select a neutral person to
evaluate and mediate the dispute. If, after thirty (30) days, the parties
cannot agree on any of the persons named, or if acceptable persons are
unable to serve, or if for any reason the appointment of a neutral person
cannot be made, either party may terminate the dispute resolution process
or the parties may, by agreement, seek other means of resolution.
3) Conflicts of Interest. Each party shall promptly disclose to the other any
circumstances known by it that would cause justifiable doubt as to the
independence or impartiality of any individual under consideration or
appointed as a neutral mediator. Any such individual shall promptly
disclose such circumstances to the parties. If any such circumstances are
disclosed, the individual shall not serve as neutral mediator unless both
parties agree in writing.
4) Compensation of Mediator. The neutral mediator's charges shall be
established at the time of appointment. Unless the parties otherwise agree,
the fees and expenses of the neutral mediator shall be split equally and
each party shall bear its own costs and expenses.
5) Mediation Session. The mediation session is intended to provide each
party with an opportunity to present its best case and position to the other
party and the neutral mediator and for the parties to receive opinions and
recommendations from the neutral mediator. The neutral mediator shall
facilitate communications between the parties, identify issues, and
generate options for settlement. The neutral mediator shall also discuss
with each party separately the neutral mediator's opinion and evaluation of
the strengths and weaknesses of that party's position. The terms of any
settlement made by the parties as the result of the mediation shall be set
out in a written addendum to this agreement.
6) Confidentiality. The dispute resolution process identified in this
paragraph is a compromise negotiation. The parties agree to maintain in
confidence all offers, promises, conduct, and statements, oral or written,
made in the course of the mediation by either of the parties, their agents,
employees, experts, representatives or attorneys, or by the neutral
mediator and agree that the same shall be deemed negotiations in pursuit
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of settlement and compromise and not admissible or discoverable in
subsequent legal proceedings pursuant to Washington Evidence Rule 408.
The neutral mediator shall be disqualified as a trial or deposition witness,
consultant, or expert of either party. This paragraph, however, shall be
subject to the Public Records Act, RCW 42.56.
7) Reservation of Rights. In the event that the parties are unable to resolve
the dispute through the dispute resolution process established in this
paragraph, the parties reserve any and all other rights and remedies
available to each of them regarding such dispute.
E. Term of Agreement. The term of this agreement shall commence March 1, 2008
and shall end on December 31, 2028. The terms and conditions of this agreement
shall be fully renegotiated, and endeavor to reach agreement regarding renewal or
replacement of the agreement, at least two (2) years prior to the expiration date,
unless this agreement is previously terminated as provided in Section F, below.
F. Early Termination. This agreement may be terminated prior to December 31,
2028 by either party, effective as of the end of the budget period, upon giving
written notice thereof to the other party not less than 30 months prior to the end of
the annual budget period.
VI. Assets
A. Assets include all real property and improvements thereto, apparatus, equipment,
computer software and rights to technology applications, and leases that are normally
maintained or utilized in the facilities located in each jurisdiction.
B. All Fire District assets used throughout the service area shall be titled in the District,
subject to future asset transfer agreements that may be made between the City and the
District. All City Fire & Emergency Services Department assets used throughout the
service area shall be titled in the City of Renton. Use of equipment and/or property
shall not affect ownership.
C. It is the intent of this agreement that all such facilities, properties, and equipment of
the District shall be used for the purpose of this agreement by the City and shall be
maintained and insured by the City on substantially the same basis as other property
owned and maintained by the City.
D. The City shall furnish all required fuel, lubricants, normal service, minor and
moderate repair and parts necessary for the proper operation of District equipment
used to perform the services to be provided by the City under this agreement. It is
recognized that the vehicles will be utilized periodically in the City, which is the basis
for the City handling moderate repairs.
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E. The District shall be responsible to fund all major capital repairs as a result of normal
wear to its station facilities, such as a roof or heating systems replacement. A major
capital repair shall be any single repair that results from normal wear to facilities and
costs at least $5,000. Major capital repair costs will be adjusted annually based on
changes in the Seattle Area CPI-U and will be in effect for the following year. It does
not include major repairs as a result of accidents and damages typically covered by
insurance. However, the proceeds of insurance shall be used to repair said asset. In
the event of an emergent non-insurable capital repair, the parties will negotiate to
determine the responsibility for payment for repair.
F. The District shall be responsible to fund all major capital repair and replacement of
vehicles and equipment. A major vehicle or equipment repair shall be any single
repair that results from normal wear to capital related vehicles or equipment and costs
at least $2,500. Major capital repair costs will be adjusted annually based on changes
in the Seattle Area CPI-U and will be in effect for the following year. It does not
include major repairs as a result of accidents and damages typically covered by
insurance. However, the proceeds of insurance shall be used to repair said asset. In
the event of an emergent non-insurable capital repair, the parties will negotiate to
determine the responsibility for payment for repair.
G. All proceeds from sale, lease or rental of surplus real property and improvements
thereon shall be paid to the jurisdiction which owns the real property.
VII. District Budget
In a separate budget, the District shall provide for payment of salaries and expenses of the
commissioners, the cost of state audits, elections, insurance premiums, capital expenses
not covered per the agreement with the City, pension and medical benefits and expenses
for former District employees, and other expenses peculiar to the District as a separate
legal entity. These expenses shall be paid for out of District revenues and shall not be
considered part of this Agreement. Said expenses may include, but are not limited to legal
expenses specifically incurred by the district and the administration and appeals of
benefit charge collections.
General Obligation Bonds. Each party shall be responsible for payment of any general
obligation bonds it issues or has issued for acquisition of equipment, real property, and
improvements for the benefit of fire and emergency services.
VIII. Capital Improvements
Decisions regarding capital improvements shall remain under the authority of each
jurisdiction. Where a capital improvement is anticipated that will affect the other party to
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the agreement, the City or District will provide adequate notice to the other to allow the
continued effective operation of fire and emergency services within the service area.
IX. Insurance
The District shall maintain comprehensive general liability, errors and omissions, and
automobile insurance and shall name the City as an additional insured party. The City
shall maintain liability, property, automobile and casualty insurance on all personnel,
facilities, apparatus, vehicles, and other assets. The City shall provide proof of insurance
to the District when requested. Both parties will coordinate insurance coverage to the
extent possible to save costs and reduce coverage disputes.
The City of Renton shall provide property coverage to insure the replacement costs of all
Fire District 40 buildings and equipment utilized by the City of Renton or by the City or
Renton on behalf of Fire District 40, except for the former headquarters station, 10828 SE
176`h Street, Renton. The District shall maintain property insurance on the former
headquarters station. Fire District 40 shall be named a loss payee on all City insurance
policies for claims involving Fire District 40 buildings and equipment.
X. Severability
If any provisions of this agreement or its application are held invalid, the remainder shall
not be affected.
XI. Notices
All notices provided for in this agreement shall be in writing, signed by an authorized
official, and sent either by registered or certified mail, return receipt requested.
A. Notice to the City of Renton shall be sent as follows:
City of Renton
Attn: Mayor
1055 South Grady Way
Renton, WA 98057
B. Notice to Fire District 40 shall be sent as follows:
King County Fire District 40
Attn: Chairperson
18002 1081h Avenue SE
Renton, WA 98055
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XII. Enforcement
Should either party bring suit against the other to enforce any provision of this
Agreement or to redress any breach thereof, the prevailing party in such litigation shall be
entitled to recover its costs and reasonable attorney's fees. No action shall be
commenced prior to completion of the dispute resolution process set forth in section VI
above. Any such action shall be brought in the Kent Division of King County Superior
Court.
XIII. Equal Opportunity to Draft
Each party has had opportunity to consult with counsel in connection with the
negotiation, execution and delivery of this Agreement. Each of the provisions of this
Agreement has been reviewed and negotiated, and represents the combined work product
of both parties hereto. No presumption or other rules of construction which would
interpret the provisions of this Agreement in favor of or against the party preparing the
same will apply in connection with the construction or interpretation of any of the
provisions of this Agreement.
XIV. Indemnification
A. The District shall indemnify and hold harmless the City and its officers, agents and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason or arising out of any
negligent action or omission of the District, its officers, agents, and employees, or any of
them, in performing obligations pursuant to this Agreement. In the event that any suit
based upon such a claim, action, loss, or damage is brought against the City, the District
shall defend the same at its sole cost and expense, provided that the City retains the right
to participate in said suit if any principal of governmental authority is involved, and if
final judgment be rendered against the City and its officers, agents, and employees, or
any of them, or jointly against the City and District and their respective officers, agents,
and employees, or any of them, the District shall satisfy the same.
B. The City shall indemnify and hold harmless the District and its officers, agents and
employees or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason or arising out of any
negligent action or omission of the City, its officers, agents, and employees, or any of
them, in performing obligations pursuant to this Agreement. In the event that any suit
based upon such a claim, action, loss, or damage is brought against the District, the City
shall defend the same at its sole cost and expense, provided that the District retains the
right to participate in said suit if any principal of governmental authority is involved; and
if final judgment be rendered against the District and its officers, agents, employees, or
any of them, or jointly against the City and District and their respective officers, agents,
and employees or any of them, the City shall satisfy the same.
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C. The City and the District acknowledge and agree that if such claims, actions, suits,
liability, loss, costs, expenses and damages are caused by or result from the concurrent
negligence of the City, its agents, employees, and/or officers and the District, its agents,
employees, and/or officers, this section shall be valid and enforceable only to the extent
of the negligence of each party, its agents, employees and/or officers. The parties hereto
have expressly bargained for and do waive for purposes of this Indemnification section,
only, the immunities of Title 51 RCW, as it relates to any claim, suit or cause of action by
one party's employee(s) against the other party.
D. The provisions of this Indemnification Section shall survive the expiration or termination
of this Agreement with respect to any event occurring prior to such expiration or
termination.
Dated this 8 day of February 2008.
King County Fire Protection District 40 City of Renton, Washington
Craig Violante, Chair Denis Law, Mayor
District Secretary Bonnie 1. Walton, City Clerk
Approved By: Approved By:
Kinnon W. Williams, District Attorney Larry Warren, City Attorney
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Attachment A
Costs of Service for Fire and Emergency Services Operating Agreement
Between
City of Renton and King County Fire Protection District#40
Costs of service for this contract are based on the City of Renton's costs to operate one fire
station (Station 41) with one engine and one aid car, and the costs to provide fire prevention and
education services in the service area of Fire District 40. This is consistent with a Departmental
goal to increase the staffing on engine and/or ladder companies to a four-person minimum, staff
an additional aid car across the entire service area, and create an on-duty safety officer response
through the dispatch of both of the battalion chiefs to working incidents.
Further characteristics of Renton's service level include:
• Staffing on response operations engine and ladder truck units to be increased from three
minimum to four staff across the service delivery area to meet national guidelines, and to
reduce the number of units dispatched on initial response to first alarm incidents.
• An increased commitment to BLS transport with a goal of 90% of patients being
transported by Renton Fire & Emergency Services Department transport units.
• Safety Officers will be on duty in dual roles as battalion chiefs, as opposed to being
called in from off-duty or other activities for alarms.
• Rescue assets will be centralized at one fire station (Renton Station 14).
• Fire company-level inspections would be discontinued with the exception of "pre-
incident surveys" in favor of additional certified fire inspectors.
• The City will provide inspection services and will coordinate enforcement of inspections
with the King County Fire Marshal.
Costs of service are derived by multiplying the number of staff needed to provide service by the
City of Renton's salary and benefit costs for that year. The resulting direct service cost is then
multiplied by a departmental overhead and city-wide overhead factor. All three figures are then
added together to reach a total cost of service.
For 2008, the District's annualized cost of service under this agreement total $4.12 million,
which, pro-rated monthly per section III.F, will total $3.433 million.
The complement of staff that will support the agreement includes:
FTE Position
18.00 Firefighters
2.00 Battalion Chiefs
2.00 Captains
6.00 Lieutenants
1.00 Administrative Secretary I
1.00 Lead Inspector
1.00 Communications Specialist II
31.00 Total FTE to support agreement
Costs of Service-City of Renton,King County
Fire Protection District#40 Agreement
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The Fire & Emergency Services Administrator will produce an operational services plan in
September of each year for the review and agreement of the Board that illustrates the City's costs
for the upcoming year.
Costs will be adjusted annually at the time of adoption of the City of Renton budget and will be
in effect for the following year, and subject to Board review and approval as outlined in Section
III.B. of the agreement.
Service model costs are based on the cost for an on-duty staff position, fully loaded with
department and city overhead percentages.
The primary unit of cost is the number of 24-hour on-duty positions (command, company officer,
firefighter, and support positions) employed to provide fire and emergency services. Once on-
duty staffing is determined, a backfill factor is calculated based on Renton's leave/time-off
averages. Renton's operations backfill factor is 4.3 per on-duty position (that is, for every three
firefighters on duty, four FTE positions are needed to provide 24-hour coverage, with the
additional 0.3 FTE added in the form of overtime dollars). The backfill factor is based on the
number of staff persons needed based on leave/time-off averages for the prior three years.
"Departmental overhead" refers to the Fire Department's costs, which is the proportion of all
non-uniformed support within the department to all uniformed support and includes supplies,
other services and charges, costs of intergovernmental services, capital outlay, and interfund
payments. For 2008, the Departmental overhead rate is 18.6%.
."City-wide overhead" consists of support for the Fire Department's share of city-wide Finance,
Human Resources, and Legal Services costs. For 2008, the City-wide Overhead rate is 3.2%%.
Overhead costs relating to the Mayor, City Council, or other internal service departments are not
included in the overhead charges to the District.
Benefit charge billing and appeals and bond administration will be handled through the District's
budget and will not be provided by the City. Administration and appeals of the benefit charge
will be handled by the Board and contract legal counsel to the District, and supported by the
District Secretary.
The Board will have full and free use of City of Renton meeting spaces and District facilities.
Costs of Service-City of Renton,King County
Fire Protection District#40 Agreement
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• Attachment 6 •
CAG-08-010
MEMORANDUM OF UNDERSTANDING
By and Between
The City of Renton,Washington
and
King County Fire Protection District#40
WHEREAS, King County Fire Protection District 40 and Renton currently
provide the Benson Hill neighborhood with fire protection and emergency medical
services; and
WHEREAS,voters of the Benson Hill neighborhood approved annexation at the
November 6,2007 general election, shifting the primary responsibility for fire protection
and emergency medical services from King County Fire Protection District#40 to the
City of Renton on March 1,2008; and
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WHEREAS,Renton and King County Fire Protection District 40 previously
agreed that upon annexation,the parties would discuss a contract for service whereby the
City of Renton would provide fire and emergency services in that remaining portion of
Fire District 40 that is not part of or affected by the Benson Hill Communities
annexation,to determine if mutually agreeable terms for such a contract can be met for
both parties; and
WHEREAS, it is the parties' goal and intent to effectuate a transition plan for fire
protection and emergency medical services in 2008 to address the potential transfer of
assets and employees to provide fire protection and emergency medical services in the
entire service area; and
WHEREAS,both parties desire to effectively maintain the level of service within
the Benson Hill annexation area and to provide for consistency and service and to prevent
impact on the citizenry and Fire District employees during the transition period;
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NOW THEREFORE,the parties agree as follows: j
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King County Fire Protection District#40 hereby delegates the authority to operate the
District to the City of Renton for the purposes for providing fire and emergency medical
services effective February 1,2008.
The arrangement will be a time-limited loaned executive model to manage the District
until the both parties have adopted an interlocal agreement for Renton to provide fire and
emergency medical services to the entirety of the District. If the City incurs out of pocket
costs for administration beyond the salaries of command staff during the time-limited
period,the City will bill the District for those costs.
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King County Fire Protection District City of Renton,Washington
40 f
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CraigNiolante ,Chair De 's Law,Mayor
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ATTEST: ATTEST:
District Secretary Michele Neumann,'
Deputy City Clerk
C41 A*'4k^-w*
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Kinnon W. Williams,District Attorney Larry Warren, City Attorney
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Attachment C
MEMORANDUM OF UNDERSTANDING
By and Between
The City of Renton,Washington
and
King County Fire Protection District#40
This memorandum of understanding is entered between the City of Renton,
Washington and King County Fire Protection District#40, a State of Washington
municipal corporation,to address the potential impacts and transition of a shift in j
jurisdictional responsibility for fire and emergency medical services in the"Benson Hill"
area assuming successful passage of a measure proposing annexation of the area to the
City of Renton.
WHEREAS,King County Fire Protection District 40 currently provides the
"Benson Hill"neighborhood with fire protection and emergency medical services; and
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WHEREAS, a proposition has been set before the voters of the"Benson Hill" j
neighborhood at the November 6,2007 general election regarding the question of
whether or not the"Benson Hill"neighborhood should be annexed to the City of Renton;
and j
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WHEREAS, should the vote be affirmative,the responsibility for fire protection
and emergency medical services in the"Benson Hill"neighborhood will shift from King
County Fire Protection District#40 to the City of Renton; and
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WHEREAS, in order to effectively maintain the level of service within the
"Benson Hill"annexation area and to provide for consistency and service and to prevent
impact on the citizenry and Fire District employees during the transition period;
NOW THEREFORE,in order to allow sufficient planning between the Fire
District and the City to occur,the parties agree as follows: i
1. It is the parties' goal and intent,that should the annexation be approved,to
effectuate a transition plan for fire protection and emergency medical
services prior to December 31,2008; such plan will address the potential
transfer of assets, employees and contracting for fire protection and
emergency medical services.
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Memorandum of Understanding Page 1
City of Renton/King County Fire Protection District#40
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2. Should the"Benson Hill"annexation measure be affirmatively approved
by the voters of the"Benson Hill"annexation area,King County Fire
Protection District#40 will provide fire protection and emergency medical I
services to the annexed area for a period of time following the effective j
date of the annexation up to December 31,2008,or until the City of
Renton provides written notice assuming full responsibility for the
annexed area(the transition period).
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3. In consideration of the District retaining all liability for fire and
emergency medical services and serving the"Benson Hill"annexation
area during the transition period,the District will collect all taxes levied,
benefit charges imposed, contract fees,and EMS funds attributable to the
Benson Hill annexation area for fire and emergency medical services, at
all times during which the District provides services to that area. Should
the City of Renton assume responsibility for providing fire protection and I
emergency medical services prior to December 31,2008 fire service
related revenues attributable to the area shall be prorated as of the
effective date on which service is provided and distributed to the City of
Renton.
4. Should the annexation be approved,immediately upon the effective date
of the annexation the City of Renton will be responsible for all fire
investigation,code inspection and enforcement in the annexed area.
5. Should the annexation be approved,the parties will discuss the possibility
of a contract for service whereby the City of Renton would provide fire
and emergency services in that remaining portion of Fire District 40 that is
not part of or affected by the Benson Hill Communities annexation,to
determine if mutually agreeable terms for such a contract can be met for
both parties.
Dated: 9'
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Kathy Keol er, Mayor
City of Renton
Dated:
Nick Bujanovic , Chair i
King County Fire Protection District 940
Memorandum of Understanding Page 2
City of Renton/King County Fire Protection District#40
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