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HomeMy WebLinkAboutRES 4524 CITY OF RENTON, WASHINGTON RESOLUTION NO. 4524 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH PUGET SOUND REGIONAL FIRE AUTHORITY FOR THE PURPOSE OF CREATING A REGIONAL FDCARES PILOT PROJECT. WHEREAS, the City and Puget Sound Regional Fire Authority are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, to participate in a regionally consistent and efficient method of providing resources and social services to community members who use emergency resources for nonemergent or nonurgent calls,the City desires to engage Puget Sound Regional Fire Authority's Services, as set forth in the attached Exhibit A (Interlocal Agreement for Regional FDCares Pilot Project), for the purpose of preventing injury and illness in the community, pursuant to RCW 35.21.930; and WHEREAS, to satisfy the Puget Sound Regional Fire Authority's requirements for entering into such a mutually beneficial agreement for FDCARES Services,the City also agrees to enter into a second agreement for the benefit of Renton residents, as set forth in in the attached Exhibit B (Business Associate Agreement), for the purpose of protecting private health records and information to the extent allowable by applicable law; and WHEREAS, the Puget Sound Regional Fire Authority currently has the equipment and personnel to provide FDCARES Services on a regional basis and is willing to extend this service to the City; 1 RESOLUTION NO. 4524 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Puget Sound Regional Fire Authority regarding regional FDCARES pilot project during fiscal year 2024 entitled Interlocal Agreement for Regional FDCARES Pilot Project, attached hereto as Exhibit "A" and incorporated by this reference. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Puget Sound Regional Fire Authority regarding regional FDCARES pilot project during fiscal year 2024 entitled Business Associate Agreement for Regional FDCARES Pilot Project, attached hereto as Exhibit "B" and incorporated by this reference. PASSED BY THE CITY COUNCIL the 12th day of February, 2024. Jaso . Seth, Ci y Clerk APPROVED BY THE MAYOR this 12th day of February, 2 44. Armondo Pavone, Mayor \\�\\\\111111111111/ Approved as to form: ,���y O,FR,ENTO''%,� SENL Shane Moloney, City Attorney yk `.°, ORATEDaS ��1 gQ``\``� RES- RPD:24RES007:1/25/24 111111111111\O� ` 2 RESOLUTION NO, 4524 EXHIBIT "A" Interlocal Agreement for Regional FDCARES Pilot Project 3 INTERLOCAL AGREEMENT FOR REGIONAL FDCARES PILOT PROJECT THIS AGREEMENT is entered into between PUGET SOUND REGIONAL FIRE AUTHORITY, a Washington Municipal Corporation ("Provider"), and the undersigned Washington Municipal Corporation(s)(the"User").Provider and User(s)are referred to herein together as the"Parties" and individually a"Party." RECITALS 1. The purpose and objective of the REGIONAL FDCARES PILOT PROJECT INTERLOCAL AGREMENT("Agreement") is to set forth the understanding,rights and responsibilities of the Parties with respect to the provision of non-emergency community assistance referral and education services pursuant to RCW 35.21.930 together with additional services as identified by the Parties in an effort to develop a regionally consistent and efficient method of providing services throughout the jurisdictions of the Provider and Users. 2. The Provider currently has the equipment and personnel to provide FDCARES Services on a regional basis and is willing to extend this service to the User. 3. User has a need for such services and wishes to support the Regional FDCARES Pilot Project described above. 4. This Agreement is made and entered into pursuant to the provisions of RCW Chapter 39.34, the Interlocal Cooperation Act. AGREEMENT To carry out the purpose of this agreement and in consideration of the benefits to be received by each Party, it is agreed as follows: 1. FDCARES Services. Subject to the terms of this Agreement, Provider shall provide User the FDCARES Services set forth in Exhibit A ("Services").The chief executive or designee of the User and the Fire Chief or designee of Provider may negotiate changes, amendments, and modifications to Exhibit A if mutually agreed to in writing. 2. Payment for Services. In consideration of the FDCARES Services provided, User shall pay Provider $_182,875.00 for calendar year 2024. Payments shall be made on a quarterly basis each March 1, June 1, September 1 and December 1. Provider shall notify User of the annual cost of service for future years on or before August 1 of the preceding year. 3. Reporting. Provider shall provide User with Bi-Annual reports documenting the Services provided. 4. Term. The effective date of this Agreement shall be January 1, 2024, This Agreement shall automatically renew for additional one year terms each January 1 unless terminated by a Party in writing prior to the preceding September 1. In addition, any party may terminate with six months advance written notice at any time. Payment obligations for such terminations shall be prorated based on the effective date of termination. Page 1 REGIONAL FDCARES PILOT PROJECT ILA 5. Indemnification. Each Party shall indemnify and hold the other Party and the other Party's agents, employees,and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the other Party arising out of, in connection with the Party's performance or failure to perform any aspect of this Agreement;provided,however,that if such claims are caused by or result from the concurrent negligence of both Parties, and/or their agents,employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of each Party; and provided further, that nothing herein shall require one Party to hold harmless or defend the other Party, its agents,employees and/or officers from any claims arising from the sole negligence of the other Party, its agents, employees, and/or officers. No liability shall attach to either Party by reason of entering into this Agreement except as expressly provided herein. Provider agrees that the foregoing indemnity specifically covers actions brought by its own employees, and thus Provider expressly waives its immunity under industrial insurance, Title 51, as necessary to effectuate this indemnity. 6. Insurance.The Provider shall provide insurance coverage for all Provider equipment and personnel. The insurance coverage shall include all risk property insurance and general liability insurance, including errors and omissions coverage. The Provider shall, upon request from the User, furnish to User appropriate documentation showing that such coverage is in effect. The User recognizes that the Provider is a member of a governmental insurance pool. 7. Dispute Resolution. 7.1. Prior to any other action, the Parties shall meet and attempt to negotiate a resolution to such dispute. 7.2. If the Parties are unable to resolve a dispute regarding this Agreement through negotiation,either Party may demand mediation through a process to be mutually agreed to in good faith between the Parties within 30 days. The Parties shall share equally the costs of mediation and each Party shall be responsible for their own costs in preparation and participation in the mediation, including expert witness fees and reasonable attorney's fees. 7.3. If a mediation process cannot be agreed upon or if the mediation fails to resolve the dispute,then, within 30 calendar days, either Party may submit the dispute to arbitration according to the procedures of the Superior Court Rules for Mandatory Arbitration,including the Local Mandatory Arbitration Rules of the King County Superior Court, King County, Washington, as amended, unless the Parties agree in writing to an alternative dispute resolution process. The arbitration shall be before a disinterested arbitrator selected pursuant to the Mandatory Arbitration Rules with both Parties sharing equally in the cost of the arbitrator. The location of the arbitration shall be mutually agreed or established by the assigned Arbitrator,and the laws of Washington will govern its proceedings. Each Party shall be responsible for its own costs in preparing for and participating in the arbitration, including expert witness fees and reasonable attorney's fees. 7.4. Following the arbitrator's issuance of a ruling/award, either Party shall have 30 calendar days from the date of the ruling/award to file and serve a demand for a bench trial de novo in the King County Superior Court. The court shall determine all questions of law and fact without empanelling a jury for any purpose. If the Party demanding the trial de novo does not improve its position from the arbitrator's ruling/award following a final judgment, that Party shall pay all costs,expenses and attorney fees to the other Party, including all costs,attorney fees and expenses associated with any appeals. Page 2 REGIONAL FDCARES PILOT PROJECT ILA 7.5. Unless otherwise agreed in writing, this dispute resolution process shall be the sole, exclusive and final remedy to or for either Party for any dispute regarding this Agreement, and its interpretation, application or breach, regardless of whether the dispute is based in contract, tort, any violation of federal law, state statute or local ordinance or for any breach of administrative rule or regulation and regardless of the amount or type of relief demanded. 8. Miscellaneous: 8.1. Independent Governments.The Parties recognize and agree that the Provider and the Users are independent governments. The Users are establishing a contractual relationship solely with the Provider and are not establishing a contractual relationship with other Users. Except for the specific terms of this Agreement, nothing herein shall be construed to limit the discretion of the governing bodies of the Parties.This Agreement shall not be construed as creating an association, joint venture, or partnership between the Parties, nor to impose any partnership obligations or liabilities on either Party. 8.2. Administration. This Agreement shall be administered by each Parry's chief executive officer or designee. 8.3. Property Ownership. This Agreement does not provide for jointly owned property unless specific provision is made for joint ownership in a Collaborative Activities Exhibit. All property presently owned or hereafter acquired by a Party to enable it to perform the services required under this Agreement, shall remain the property of the acquiring Party in the event of the termination of this agreement. 8.4. Service Limitation. The FDCARES Services provided under this Agreement represent an extension and expansion of services the Provider owes to the public in general. Neither Party intends to create a special relationship or duty to the other Party or to the public served by either Party. 8.5. Notices. All notices, requests, demands and other communications required by this agreement shall be in writing and,except as expressly provided elsewhere in this agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class,postage pre-paid and addressed to the Party at its address as stated in this agreement or at such address as any Party may designate at any time in writing. 8.6. 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 shall not be affected. 8.7. Modification. This agreement represents the entire agreement between the Parties. No change, termination or attempted waiver of any of the provisions of this agreement shall be binding on either of the Parties unless executed in writing by authorized representatives of each of the Parties. The agreement shall not be modified,supplemented or otherwise affected by the course of dealing between the Parties. 8.8. Benefits. This agreement is entered into for the benefit of the Parties to this agreement only and shall confer no benefits, direct or implied, on any third persons. 8.9. Non-Exclusive Agreement. The Parties to this agreement shall not be precluded from entering into similar agreements with other municipal corporations. Page 3 REGIONAL FDCARES PILOT PROJECT ILA 8.10. Filing/Web Site. Filing/Web Site. This Agreement shall either be filed with the County Auditor or by listing on either of the Party's websites in accordance with RCW 39.34.040. 9. DUPLICATE ORIGINALS.This agreement may be executed in duplicate originals. PROVIDER USER PUGET SOUND REGIONAL FIRE CITY OF RENTON AUTHORITY By: By: Brian Carson, Fire Chief Armondo Pavone, Mayor Date: Date: Page 4 REGIONAL FDCARES PILOT PROJECT ILA EXHIBIT A FD CARES SERVICES 1. Services.Puget Sound Fire shall provide the User with the following services. 1.1. Day to day support for the User's organization, including aiding with the development of an FD CARES plan specific for the User's organization 1.2. Including but not limited to the following. 1.2.1.1. Aid in the de-escalation of non-violent community members in crisis with behavioral health disorders. 1.2.1.2. Connect community members to appropriate resources and address mental health issues or other social services needs. 1.2.1.3. In efforts to reduce encounters, assist with referrals as appropriate to mitigate future crisis. 1.2.1.4. Document and track both mental health and non-mental health calls for service in conjunction with dispatch(Valley Communications) 1.2.1.5. Collection of documentation and analyzing data to measure outcomes and improve services. 1.2.1.6. Provide police staff with mental health or stabilization resources and or training. 1.2.1.7. Attend trainings and meetings. 2. Provide access and use of all FD CARES related written materials to include all necessary forms for use as the User's organization deems appropriate. 3. Assist appointed User employee in educating the organizations associated members on what FD CARES is and why a fire organization should implement the program. 4. Assist appointed User employee in understanding the necessary data collection for responders at all EMS related incidents. 5. Assist appointed User employee(s)with addressing repetitive medical responses. 6. Work with appointed User employee(s)on developing possible funding partnerships that may include but may not be limited to: 6.1.1. King County Emergency Medical Services 6.1.2. King County Mental Health 6.1.3. King County area Hospitals 6.1.4. Local area medical payer groups such as Medicaid, Medicare, Premera, Molina, etc... 7. User Obligations. 7.1. Appointed User employee will work with Puget Sound Fire and other assigned staff and partners to assist with further building and improving the FD CARES program for all organizations adopting or interested in adopting the program.User shall enter into a mutually agreeable Business Page 5 REGIONAL FDCARES PILOT PROJECT ILA Associate Agreement with Puget Sound Fire to address the sharing of any patient health information that occurs under this Agreement. Page 6 REGIONAL FDCARES PILOT PROJECT ILA RESOLUTION NO. 4524 EXHIBIT "B" BUSINESS ASSOCIATE AGREEMENT 4 BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement "Agreement" is entered into effective the day of , 20_ by City of Renton, by and through its Police Department "Business Associate"and the Puget Sound Regional Fire Authority "Covered Entity." RECITALS 1. Covered Entity is a municipal corporation organized and operating in the State of Washington that provides emergency and non-medical emergency services to its patients including care coordination services. 2. Business Associate has contracted with Covered Entity to provide FDCARES services to its Police Department that may require access to Covered Entity's patient health information"Services." 3. Covered Entity and Business Associate have agreed to conduct all of their business in compliance with all applicable federal, state and local statutes, regulations, rules and policies, including but not limited to the Health Insurance Portability and Accountability Act of 1996 and associated rules as set forth in 45 CFR parts 160 and 164("HIPAA");and 4. In order to provide the Services, Business Associate and its directors, officers, partners, employees, advisors, agents and consultants (the "Agents"), will require access to Health Information that identifies Covered Entity patients. 5. For purposes of this Agreement, Health Information includes information created or received by the Covered Entity that relates to health care services provided to a Covered Entity patient, including demographic information collected from patients and other individuals, that identifies the individual patient or with respect to which there is a reasonable basis upon which to believe that the information can be used to identify an individual patient; and 6. It appears that the Business Associate is a Business Associate of the Covered Entity as that term is defined in the HIPAA regulations; and 7. Covered Entity is willing to provide Business Associate with access to the Health Information to enable Business Associate to perform the Services consistent with chapter 70.02 RCW and HIPAA. AGREEMENT In consideration for granting Business Associate access to the Health Information and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Business Associate agrees as follows: 1 1. Permitted Uses. Business Associate may use or disclose Covered Entities Health Information as necessary to perform Business Associate's Services as set forth in Recital 2 above and any Underlying Contracts between Business Associate and Covered Entity. 2. Confidentiality. Business Associate and its Agents agree to keep the Health Information strictly confidential and will use and/or disclose the Health Information solely for the purpose of providing the Services. Business Associate will disclose the contents of the Health Information to its Agents only as minimally necessary and only to the extent required for the Business Associate to provide the Services. 3. Confidentiality and Subcontractors. Business Associate agrees to ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such information. 4. General Privacy Compliance. Business Associate shall maintain and safeguard the privacy, security, and confidentiality of all Health Information transmitted or received from the Covered Entity in accordance with the provisions of chapter 70.02 RCW and HIPAA, as amended, and in accordance with all other applicable federal, state and local statutes, regulations and Covered Entity policies regarding the confidentiality of patient Health Information. 5. Minimum Necessary. Business Associate agrees to limit all uses and disclosures of Health Information to the minimum amount necessary to accomplish the intended purpose of the use or disclosure. Business Associate agrees that in all uses and disclosures that it will include only the minimum amount of Health Information necessary to accomplish the purpose of the use or disclosure as necessary for Business Associate to perform the Services. 6. Underlying Contracts. This Agreement is incorporated into all existing and current contract(s)"Underlying Contracts"between the parties under which Business Associate is carrying out activities or functions involving the use of Covered Entities Health Information. 7. Privacy and Security Obligations.On receipt of Health Information,Business Associate will: 7.1. Not use or further disclose the Health Information other than as permitted or required by this Agreement, or as required by law, including but not limited to Chapter 42.56 RCW (The Public Records Act); 7.2. Use appropriate safeguards to prevent the use or disclosure of such Health Information other than as provided for by this Agreement; 7.3. Business Associate will not transfer Protected Health Information outside the United States without the prior written consent of the Covered Entity. In this context,a"transfer"outside the United States occurs if Business Associate's workforce members, agents, or subcontractors physically located outside the United States are able to access, use, or disclose Protected Health Information. 2 7.4. Business Associate shall not engage in any sale (as defined in the HIPAA Rules) of Protected Health Information. 7.5. Ensure that any agents,including subcontractors,to whom Business Associate provides Health Information agree in writing to the same restrictions and conditions that apply to Business Associate with respect to such Health Information; 7.6. Make Health Information available for inspection and copying in a manner consistent with Covered Entity Policy and all applicable laws; 7.7. Make Health Information available for amendment and incorporate any amendments to Health Information in a manner consistent with Covered Entity Policy and all applicable laws; 7.8. Make Health Information available as required to provide an accounting of disclosures in a manner consistent with Covered Entity Policy and all applicable laws; 7.9. Incorporate any amendments or corrections to the Health Information when notified in a manner consistent with Covered Entity Policy and all applicable laws; 7.10. Maintain all records of Health Information received from, or created or received on behalf of,the Covered Entity and document subsequent uses and disclosures in a manner consistent with Covered Entity Policy and all applicable laws, including but not limited to Chapter 42.56 RCW(The Public Records Act). Business Associate shall maintain such records and accountings for a minimum of six years; 7.11. Make Business Associate's internal practices,books and records relating to the use and disclosure of Health Information received from, or created or received by the Business Associate on behalf of,the Covered Entity available to the Secretary of Health and Human Services("HHS") for purposes of determining the Covered Entity's compliance with HIPAA; 7.12. Except as provided for in this Agreement, in the event Business Associate receives an access, amendment, accounting of disclosure, or other similar request directly from an Individual, Business Associate will redirect the Individual to the Covered Entity. 7.13. At termination of the Agreement, if feasible, return or destroy all Health Information that the Business Associate still maintains in any form and retain no copies of such Health Information in accordance with the applicable law of the State of Washington,or, if such return or destruction is not feasible, extend the protection of this Agreement to the Health Information and limit further uses and disclosures to those purposes that make the return or destruction of the Health Information not feasible. 8. Creation of De-identified Data. In the event Business Associate wishes to convert PHI to DID, it must first subject its proposed plan for accomplishing the conversion to Covered Entity for Covered Entities approval, which shall not be unreasonably withheld provided such conversion meets the requirements of 45 C.F.R. Part 164.514. Business Associate may only use DID as directed or otherwise agreed to by Covered Entity. 9. Breaches and Security Incidents. 3 9.1. Reporting. 9.1.1. Impermissible Use or Disclosure. Business Associate will report to Covered Entity any use or disclosure of Protected Health Information not permitted by this BAA immediately and not more than seventy-two (72) hours after Business Associate discovered such non-permitted use or disclosure. 9.1.2. Breach of Unsecured Protected Health Information. Business Associate will report to Covered Entity any potential Breach of Unsecured Protected Health Information immediately and not more than seventy-two (72) hours after discovery of such potential Breach. Business Associate will treat a potential Breach as being discovered in accordance with 45 CFR 164.410. Business Associate will make the notice and report to Covered Entity's Privacy Officer. If a delay is requested by a law-enforcement official in accordance with 45 CFR 164.412,Business Associate may delay notifying Covered Entity for the applicable time period.Business Associate's report will include at least the following, provided that absence of any information will not be cause for Business Associate to delay the report and available information will be provided in a subsequent report as soon as reasonably possible: 9.1.2.1. Identify the nature of the Breach, which will include a brief description of what happened, including the date of any Breach and the date of the discovery of any Breach, and the number of individuals who are subject to a Breach; 9.1.2.2. Identify the types of Protected Health Information that were involved in the Breach (such as whether full name, Social Security number, date of birth, home address, account number, diagnosis, or other information were involved); 9.1.2.3. Identify who made the non-permitted use or disclosure and who received the non-permitted disclosure; 9.1.2.4. Identify what corrective or investigative action Business Associate took or will take to prevent further non-permitted uses or disclosures, to mitigate harmful effects, and to protect against any further Breaches; 9.1.2.5. Identify what steps the individuals who were subject to a Breach should take to protect themselves; and 9.1.2.6. Provide such other information, including a written report and risk assessment under 45 CFR 164.402, as Covered Entity may reasonably request. 9.2. Security Incidents. Business Associate will report to Covered Entity any Security Incidents of which Business Associate become aware. Business Associate will make this report and treat a Security Incident as provided in the provisions set forth above. 9.3. Mitigation.Business Associate shall mintage, to the extent practicable, any harmful effect known to the Business Associate resulting from a use or disclosure in violation of this BAA. Business Associate at its sole expense, or, if Covered Entity elects to carry out some or all mitigation efforts, reimburse Covered Entity for its reasonable costs and expenses (including 4 without limitation administrative costs, costs of legal action and attorney engagement, and payment of fines, settlements and damages) incurred in connection with mitigation efforts. 10.Indemnification.Business Associate agrees to defend,indemnify,and hold harmless Covered Entity and its commissioners,employees, officers and agents against any and all claims,demands, causes of action, losses, damages, liabilities,judgment, costs and expenses (including reasonable attorneys' fees) asserted against or incurred by the Covered Entity or its commissioners, employees, officers and agents as a result of any violation of, or failure to comply with, the provisions of this Agreement by Business Associate and/or its Agents. 11. Limitation of Liability. Business Associate acknowledges and understands that Covered Entity makes no representations or warranties, express or implied, regarding the content or completeness of the Health Information provided to Business Associate.Business Associate agrees to release Covered Entity and its commissioners, employees, officers and agents, from all claims, demands, causes of action, losses, damages, liabilities, costs or expenses (including reasonable attorneys' fees) asserted against or incurred by Business Associate or its Agents by sole reason of the Business Associate's use or disclosure of the Health Information. 12. Breach of Agreement-Termination. 12.1. In the event that the Covered Entity becomes aware of a pattern or practice of the Business Associate that constitutes a material breach or violation of the Business Associate's obligations under this Agreement, which breach is not cured within five (5) days after notice is provided to the Business Associate,this Agreement shall terminate. 12.2. In the event of a default or breach by the Business Associate as set forth in Section 9.1 of this Agreement, the Covered Entity shall have available to it any legal or equitable right or remedy to which Covered Entity is entitled, including but not limited to, injunctive relief.Covered Entity shall not be deemed to have waived any of its rights or remedies because of its failure or delay in exercising any such right or remedy in a particular instance. 13. Continuing Privacy and Security Obligations. Business Associate's obligations to protect the privacy and safeguard the security of Protected Health Information as specified in this BAA will be continuous and survive termination or other conclusion of this BAA. 14.Re-Negotiation. The parties agree to negotiate in good faith any modification to this Agreement that may be necessary or required to ensure consistency with amendments to and changes in applicable federal and state laws and regulations, including but not limited to, regulations promulgated pursuant to HIPAA. 15. Penalties for Noncompliance. Business Associate acknowledges that it is subject to civil and criminal enforcement for failure to comply with the HIPAA Rules, to the extent provided by the HITECH Act and the HIPAA Rules. 16.Availability of Disclosure Information. Business Associate will maintain the Disclosure Information for at least seven (7)years following the date of the accountable disclosure to which the Disclosure Information relates. Business Associate will make the Disclosure Information 5 available to Covered Entity within seven(7)calendar days following Covered Entity's request for such Disclosure Information to comply with an individual's request for an accounting of disclosure. 17. Miscellaneous Provisions. 17.1. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules. 17.2. Notwithstanding the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties, and any successor to the parties whether by operation of law or otherwise. 17.3. All notices given pursuant to this Agreement shall be in writing and shall be delivered by hand or sent by registered or certified mail,return receipt requested,postage pre-paid,addressed to the party for whom it is intended at its address as set forth below. Any address for the giving of notice may be changed by giving notice to that effect to the other party. Each such notice shall be deemed to have been given on the date of its receipt by the party for whom it was intended. 17.4. If any provision of this Agreement is or becomes unenforceable, the remainder of this Agreement shall nevertheless remain binding to the fullest extent possible, taking into consideration the purposes and spirit of this Agreement. 17.5. This Agreement contains the entire understanding of the parties with regard to the subject matter hereof, and supersedes all other agreements and understandings, written and oral, relating to the subject matter hereof. This Agreement may not be amended or modified, nor may any of its provisions be waived, except by a writing executed by both of the parties or, in the case of a waiver,by the party waiving compliance.The waiver of any one breach shall not be construed as a waiver of any rights or remedies with respect to any other breach or subsequent breach. 17.6. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be performed entirely within such State, with regard to principles of conflicts of law.The venue of any action arising under this Agreement shall be in King county Washington. 17.7. This Agreement may be executed in one or more counterpart copies, each of which shall be deemed an original and together shall constitute one and the same Agreement. 18.Term. The term of this Agreement shall be identical to the term specified in any Underlying Contracts, the terms of which are incorporated herein by this reference. Any provision of this Agreement which by its terms is intended to survive the termination or expiration of this Agreement shall so survive. BUSINESS ASSOCIATE: COVERED ENTITY: City of Renton Puget Sound Regional Fire Authority 6 By: By: (signature) (signature) Print Name: Armondo Pavone, Mayor Print Name: Brian Carson, Fire Chief DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Kent RFA FDCARES Division 24611 116th Ave. S.E. Kent, WA 98030 7