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AG 01-135 OAT"' INI ¡DATE OUT' ITOI CITY OF" F"EDERAL WAY LAW DEPARTMENT REQUEST F"DR CDNTRACT PREPARATIDN/DDCUMENT REVIEW/SIGNATURE RDUTING SLIP 1. O"'OINATING OE..TJOIV., CM 1\A<>J-hUoV\ EXT' 1..j(.,1-1 3. OATE REQ. SY, 1../ I~ /~I 2. O"'GINATIN" STAF"F" PERBON' 4. TY"E OF" OOCUMENT REQUESTEO (CHECK ONEI, 0 PROF"UOIONAL Suvlcn ""'UEMENT D MAINTEHANcElLAoa" A"RUMENT 0 "UOLIC WaRKS COHT~CT 0 BMALL PUBLIC WO"KB CONT~CT IU.. THAN .n,...' 0 SECURITY OaCUMENT IL... A..C__T .. "'."M~N .CN" A..'.NNCNT c. noND. 'H Locu c. .CND' 0 PU"CHAOE """'UMENT "'An.'A~. .UAAUC.. "U,"HCHT' D CoNTRACTaR BELECTION OacuMEHT Ie,... ..., .'P, ..", 0 CaHT~CT AMENaMENT AO#, D EABEMENT YOTHER -r-",+~~ lor~ I D REAL ESTATE "UACHA" & BALES A"REEMENT S. PROJECT NAME' T",te...lo<c./ ç.,... Ç"'II"" ~ ¡; III> \. s:e ¡rIA' n - Ði"f"-ic.L 6. NAME OF" CONTRACTOR: F~JPv"'l W~..., r=-I~'; J).pp+ . AOO"EBB' PHONE' TY"E OF" PE"SON 0" ENTITY (CHECK ONEil 0 INDIVIDUAL 0 "A..vNE"BHIP 0 SaLE "RaPRIETDRSH'P STATE: 0 CORPO~T'aN TAX ID#/S"#: SI"NATU"E NAME' TITLE' 7. SCOPE OF" WORK, ATTACH EXHIBIT A .. A COMPLETE ANO OETAILEO DESC"'PTION OF" THE SERVICES 0" SCO"E OF" WORK, INCLUOING COMPLETION OATES F"O" EACH "HASE OF" WO"K ANO LOCATION OF" WO"K. B. TERM' COMMENCEM!!:NT OAT!!:' COM"LI!:TIDN OAT!!:' 9. TOTAL COMPENSATION' $ !lNCLUO!!:B EX"!!:NB!!:S ANO SALEB TAX, 'F" ANYI II. DALDU~T- DN HCU.LY ~.o. aHA." .. A~ACH .CHCDU~. c. CHA~Y". T'TLC. AHD HCU.LY _n.' R!!:IMBU"SABLE EXP!!:NBEB' OVEB DNa IF" YES, MAXIMUM OOLLA" AMOUNT: $ IB SALES TAX OWED? DyES D No IF" Y!!:S, $ ..AID BY: 0 CONT"ACTO" OCITY 10. SELECTION P"OCESS USED (CHECK ONEI: 0 REQUEST F"aR S'aB 0 REQUUT F"aR PRaoaBALB 0 RE"UEST F"aA l¡IuaTES 0 "EQUEST .aR I¡IUAL'F"ICATlaH. 0 ARCHITECT & EN"'NE" LIST 0 SMALL WO"KS RaSTER 1 1. CONTRACT REVIEW ~~N:~:T)S) 1ù--f60K MANA"EMENT IA~ CCNT_CT. «DC" ANCNDNCNTO. œ.2"..~H::7:".CLCDT'CN OCCUHCNT' INITIAL/OAT!!: ApP"ov!!:O ~ )/1°/01 PrL 7/nhí ~- ~\~~\ ~-Y:~~b p'v'J -:¡.,/tr/;;¡ - Nud. 3 O/ì5¡~Co.~ 12. CONTRACT B (¡ NATURE ROUTING INITIAL/OAT!!: ApP"OVEO )( LAW DE"A..vMENT XCITV MANA"ER XCITV CLERK ~S"'HED COpy BACK TO aRI"'NATING DEoT, D ASS"'NED AO # ~\ - \~.::; ~(il; ( ~ D "URCHASIN.' "LEABE CHAR.E TD' COMMENTS iì..« (+ lJ-t.'l'fiD'" ~ idl/¡'"U,('! Irl'vll....JeLJ!+Lt:..w slLO/oo , I ! WH<T" OA"'NA, omo W.... CD""ACT CANUY 0,,"' 'D ow. A"" ,AW D"T. .DLO'H.DC. ""D'NA"N' OTm LC'" '.<Y .,.., ~i:)\-\ò'; INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE FEDERAL WAY FIRE DEPARTMENT FOR FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES FROM VALLEY COMMUNICATIONS THIS INTERLOCAL AGREEMENT ("Agreement") is between the City of Federal Way, a municipal corporation of the State of Washington, (hereinafter "City") and the Federal Way Fire Department, a municipal corporation of the State of Washington, (hereinafter "Department"), WHEREAS, the cities of Auburn, Federal Way, Kent, Renton and Tukwila established Valley Communications Center (hereinafter "Valley Com") pursuant to an interlocal agreement, dated 4/17/00, (hereinafter "Valley Com Interlocal"), Said cities are members of Valley Com, and WHEREAS, the Valley Com Interlocal provides that the City of Federal Way may enter into an interlocal agreement with the Department for the purposes of facilitating Department access to Valley Com fire and emergency medical services (hereinafter "EMS") dispatch via the City's membership in Valley Com, and WHEREAS, City-facilitated fire and EMS dispatch services through Valley Com will reduce the Department's dispatch costs, and WHEREAS, the Department desires to receive fire and EMS dispatch services from Valley Com, and WHEREAS, section seven (7) of the Valley Com Interlocal provides that Valley Com will give preference in hiring Department dispatchers if the Department participates and receives fire and EMS dispatch services from Valley Com, NOW, THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39,34 RCW, the City and the Department hereby agree as follows: Section 1. Dispatch Services, Pursuant to Section one (1) of the Valley Com Interlocal, the City agrees to facilitate fire and EMS dispatch to the Department through the City's membership in Valley Com. The level of service provided to the Department will be at the same level as that provided Valley Com members' municipal fire departments. Actual dispatching services will be provided through a separate agreement directly between Valley Com and the Department. ORIGINAL Interlocal Agreement for Dispatch Service Page 2 Section 2. BiliinQ. Billing procedures will be governed by a separate agreement between Valley Com and the Department, provided the Department will be billed at the rate established for Valley Com members. Section 3. Buy-In Fee, The Department agrees to pay a buy-in fee based upon fifteen percent (15%) of the City's capital costs towards the new facility described in the Valley Com Interlocal Section 14.1, not to exceed $450,000,00, Payment is due in full at the commencement of dispatching services being provided by Valley Com. The parties agree that the Department's buy-in fee shall not be construed as creating any right, title, or interest in favor of the Department to any Valley Com real or personal property unless expressly provided herein. Section 4. Administration Board. The Department understands that the City has the sole authority to exercise a vote on Valley Com's Administration Board pursuant to Section 4 of the Valley Com Interlocal. The City agrees to provide copies of the agenda and meeting summaries of the Administration Board. The parties further agree that the Department will work with the City on Administration Board issues and that the City and the Department may fully and freely discuss any Department issues that require the attention of the Administration Board. Section 5. Operations Board, Pursuant to Sections one (1) and five (5) of the Valley Com Interlocal, the Department administrator or designee shall be a full voting member on the Valley Com Operations Board with the same authority as the chiefs of the Auburn, Kent, Renton, and Tukwila municipal fire departments, The Department agrees to coordinate its activities on the Operations Board with the City to the greatest extent possible and to fully advise the City of its activities on the Operations Board. Section 6. Hold Harmless AQreement. Although Valley Com is a separate legal entity, the parties recognize that a claim or lawsuit may also be filed against the City and/or the Department. Therefore: (a) The City shall defend, indemnify and hold harmless the Department and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liabilities, loss, cost, expenses, and damages whatsoever, caused by or arising out of the sole negligent act or omission of the City, its officers, agents, and employees, or any of them relating to or arising out of actions or omissions required pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Department, the Department reserves the right to participate in said suit at its sole discretion. Interlocal Agreement for Dispatch Service Page 3 (b) The Department 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, cost, expenses, and damages of any nature whatsoever, caused by or arising out of the sole negligent act or omission of the Department, its officers, agents, and employees, or any of them relating to or arising out of actions or omissions required 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 City reserves the right to participate in said suit at its sole discretion. Section 7. Effective Date. All provisions of this Agreement shall take effect immediately upon execution EXCEPT that the effective date in which Valley Com actually commences to dispatch the Department calls shall be determined by written agreement among Valley Com, the City and the Department. Section 8. Duration of Aqreement. This Agreement shall be effective for 20 years, Thereafter, this Agreement shall extend for five (5) years, and shall automatically renew for additional five (5) year periods thereafter unless terminated. Section 9. Termination, The Department may terminate this Agreement with or without cause provided that it submits written notice by December 31 to the City and to Valley Com of its intention to terminate this Agreement on December 31 of the following year. In the event of termination of this Agreement without cause, the Department's buy-in fee as set forth in Section 3 of this Agreement will not be refunded, The City may terminate this agreement with cause after twenty years provided that it submits written notice to the Department and to Valley Com of its intention to terminate this Agreement on the December 31 occurring three years following the submittal of notice, Section 10. Notices. Any notices required to be given by the City or by the Department shall be delivered to the Parties at the addresses set forth below, Section 11. Filinq of Aqreement. This Agreement shall be filed with the City Clerk of the City, the Department, Valley Com, and the King County Auditor as required by law. Section 12. Aqreement to Arbitrate. Any dispute arising under this Agreement shall be subject only to arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA Rules") then in effect, conducted by one (1) arbitrator either mutually agreed upon or selected in accordance with AAA Rules. The arbitration shall be conducted in King County, Washington, under the jurisdiction of the Seattle office of the American Arbitration Association. The arbitrator shall have authority only to interpret and apply the provisions of this Agreement and shall have no authority to add to, subtract from or otherwise modify the Interlocal Agreement for Dispatch Service Page 4 terms of this Agreement. Any demand for arbitration must be made within ninety (90) days ofthe event(s) giving rise to the claim that this Agreement has been breached, The parties agree to equally share in the cost of all arbitration services. The arbitrator's decision shall be final and binding, and each party agrees to be bound by the arbitrator's award, Either party may obtain judgment upon the arbitrator's award in the Superior Court of King County, Washington. The prevailing party shall be entitled to recover its reasonable costs, including attorneys' fees, but excluding the cost of arbitration services. The arbitrators shall not be empowered to grant exemplary or punitive damages, Both parties, through their authorized agents, have read and understood the above Agreement, and intend to be bound by it, and the authorized agents of the City and the Department have signed below this - day of ,~ ?.CO \ CITY OF FEDERAL WAY By direction of the ~ Council taken mð';GJ( A~ N Ch ~i"~Vl~ Approved as to Form: f wt ~ -h.-- Bob C, Sterbank, tity Attorney FEDERAL WAY FIRE DEPARTMENT Bydir~~~on/ofth ~~JaJd 7,.<, ~q taken "'1"/C;lq~ ':'1-«/9:' "2.~ö r Attest: {L/!~ :7 Approved as to Form: Interlocal Agreement for Dispatch Service Page 5 1:llntergovlValley ComlFWFDvalleycom010824.doc August 24, 2001