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AG 01-136 DATE IN' I DATE DUT: I TO: CITY OF FEDERAL WAY LAW DEPARTMENT REGlUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEWISIGNATURE ROUTING SLIP 1. ORIOINATINO DEPT./DIV., LM E. ORIOINATINO STAFF PERSON' \A.o.tt.,-eSO'" EXT: 1..J~1-1 3. DATE REG. Bv, 4. TYPE OF DOCUMENT REGUESTEO [CHECK ONEJ: 0 -OFEBBIONAL SE"VICE A""EEM.NT 0 SECU"'TV OOCUMENT 0 MAINTENANCEILABO" A""EEMENT IE."., ACREEMENT" ""R"'""-AON 8DND, ""'GNM'NT OF FUN". 'N U.U DF BDNDI 0 PUBLIC WO"KB CONmACT 0 CONmACTO" SELECT10N OOCUMONT 0 SMALL PUBUC WO"KB CONT"ACT IE,".. "FB, "FR. ,,- ILE.. THAN "8B,CODI 0 CO~CT AMENOMENT AOO, 0 PU"CHABE A""EEMENT 0 EASEMENT IMA~R'~, Buoou.., E""'"MEN" jd'bTHE" -:r::V\..f~yl"r~\ 0 REAL EBTATE PU"CHABE .. SALEB A""E.MENT 0 COBB 6. PRO.JECT NAME: "Diçp,,'¡c.L S~I'"I~Le~ - LI c. U.J.y 4'<"""""¡' S. NAME OF CONTRACTOR, ¡:::W f=-/vf ",-",J V d 1.1"1 Go.... AOORESS, PHONE' TYPE OF PERSON OR ENTITY [CHECK ONEh 0 INO'VIOUAL D SOLE P"O""'ETC"BH'P STAVE' TAX 1001&SO, 0 PA"TNE"BHI" 0 CO""0"AT10N ~- SIONATURE NAME' TITLE' 7. SCDPE OF WORK, ATTACH ExHIBrT A . A COMPLETE ANO OETAILEO DESCRIPTION OF ........ SERVICES OR SCOPE OF WORK, INCLUOINIi COMPLETION DATE FOR EACH PHASE OF WORK ANO LOCATION OF WORK. B. TERM, COMMENCEMENT DATE: COMPLETION DATE' 9. TDTAL CDMPENSATION $ [INCLUOE EXPENSES ANO SALES TAX, IF ANy) "" CA~ULATOD eN H~.LV LA.DR CHAR.' - ATTACH OCHEDULE. DF EMO=". ,,~. AND ""UDAV RATE.' REIMBURSABLE EXPENSES, DYES ONO IF YES, MAXIMUM DOLLAR AMOUNTI $ Is SALES TAX OWED? DYES ONO IF YES, $ PAID BV, 0 CONTRACTOR OCITY 10. SELECTION PROCESS USEO [CHECK ONE), 0 RE""EBT FO" B'OB 0 REEWEBT FO" QUOTEB 0 A"CHrTECT .. EN..,NEE" LIBT 0 REEWEBT FO" P"OPOBALB 0 RE...,EBT FO" QUAUFICATIONB 0 SMALL WO"KB ROBVE" 11. CONTRACT REVIEW INITIALIDATE ApPROVED ~._- .. Ac-r- ~ -:¡/O/"I LAw 'ALL CONv..ACTB' M ~{ 81C) -~~ (~.¡.,. X- Sl.<.?,~~ i!L- MANA"EMENT ::::so:::]!7t ~~""<:' :,--~~c,::~~,~';;" ~~=':;'NT., +rtr~ f.",.. nW"~ON~EB ì n.w-!()£ ...¡ 11. CONTRACT SIONATURE ROUTINO INITIALIDATE ApPROVED &C,"<><~ þi<U.W OE"A"TMENT =r!ft : 1;JJ -II¡~~u".,+-. ~ANA"E" 9r L.s:> ("",fí.'1"\>-- . CITY CLE"K . "1 ..0 .fM :ÞtSI..N COpy BACK TO O",..,NATIN.. DE..v, Ìv1w!oc...f OABBI..NEOAO 0 CJ\- \?--.~ (J'r?<~ 0 PU"CHABIN", PLEABE CHA""E TO' COMMENTS S"'f P II ~<",+r I) \.jAil t 'I c..h""~'rtt""..",1 (J~"'1 O""",,e, r l-h~¡ , ,,- J Z) í) (./t F""f" C:"J ....¿tok..,,} L~~....... C'~'1 """,J FI,-,i (~I("u.Jy rf'iA:t"."'¡'j 1'7 p..-f J WHO" - D',O'NU om. w~ CD_~ CANAFY - C~'K = OUFF F'NK - ~W ..~. ~ENFDO - D'_NO"NO~'" ~.. 10.. "m., ~(i-t~~ AGREEMENT among V ALLEY COMMUNICATIONS CENTER and FEDERAL WAY FIRE DEPARTMENT and THE CITY OF FEDERAL WAY THIS AGREEMENT among the VALLEY COMMUNICATIONS CENTER ("ValleyCom"), the FEDERAL WAY FIRE DEPARTMENT ("Fire Department") and the CITY OF FEDERAL WAY ("City") supplements and amends the rights and obligations between the City and ValleyCom only as it applies to the Valley Com Interlocal regarding ValleyCom entered into among the cities of Auburn, Federal Way, Kent, Renton and Tukwila dated on or about April 17,2000, RECITALS WHEREAS, on or about April 17, 2000, the cities of Auburn, Federal Way, Kent, Renton and Tukwila entered into an interlocal agreement that added the City as a member of Valley Com, and that amended certain provisions, rights and obligations among the member cities (the "ValleyCom Interlocal"). WHEREAS, the Fire Department is a special purpose district and is a municipal corporation that is an entirely separate and distinct entity from the City, On or about September 18,2001, the Fire Department and the City entered into a separate agreement entitled, "Interlocal Agreement between the City of Federal Way and The Federal Way Fire department for Fire and Emergency Medical Dispatch Services from Valley Communications" (the, "CitylDepartment Interlocal Agreement"), which addresses the rights and obligations between the City and the Fire Department with respect to ValleyCom's services. Section 1 of the ValleyCom Interlocal addresses the relationship among ValleyCom, the City, and the Fire Department as follows: In addition, the City of Federal Way may enter into an interlocal agreement with the Federal Way Fire Department for the purposes of providing fire and emergency medical services dispatch via the City of Federal Way's membership in ValleyCom, Upon execution of the interlocal agreement, the City of Federal Way may, at its option and under such terms and conditions as Federal Way deems proper, appoint the Federal Way Fire Department to function, as do the Auburn, Kent, Renton, and Tukwila Fire departments, for the purposes of its representation on the Operations Board and for the purposes of calculating and remitting payment for dispatch services. Page I of? OR1rH1~~. WHEREAS, Since the enactment of the ValleyCom Interlocal, the City and the Fire Department have entered into separate negotiations regarding the functions, rights and responsibilities ofthose two entities under the ValleyCom Interlocal. WHEREAS, Pursuant to the request of the City at a meeting held on February 21, 2001, the ValleyCom Administration Board approved by unanimous motion that ValleyCom and the Fire Department should mutually indemniry each other without passing that obligation through to the City via the indemnification provision established in the ValleyCom Interlocal. Additionally, this motion also approved and reaffirmed that the Fire Department would be charged the same rate per fire call that would be charged to other member cities for their fire calls, NOW, THEREFORE, in consideration of the mutual rights and obligations established in this agreement, the parties agree as follows: AGREEMENT 1. PROVISION OF SERVICE. ValleyCom will provide fire and emergency medical dispatch services to the City and the Fire Department pursuant to the ValleyCom Interlocal, and the City will also make ValleyCom's services available to the Fire Department pursuant to the terms ofthe City/Department Interlocal Agreement. 2. CALL FOR SERVICE. For purposes of this Agreement, the definition of a call for service will apply as outlined in Valley Communications Center Standard Operating Procedure #124, as now exists or is hereinafter amended, the current version of which is attached hereto as Exhibit A, and hereby incorporated herein by this reference, ~. VALLEY COM RESPONSIBILITIES TO THE FIRE DEPARTMENT, ValleyCom will furnish the following dispatch services to the Fire Department. 3,1 Receive and accept all emergency, fire, and medical calls from within the boundaries of areas served by the Fire Department. 3,2 Transmit alarms to the Fire Department and dispatch the equipment according to the procedures established by ValleyCom with input from the Fire Department. J3 Maintain radio and support communications with the Fire Department from the time of the initial alarm until conclusion of the emergency and to provide additional assistance as needed with customary support as provided by ValleyCom, 1,4 Prepare and forward to the Fire Department each month a printed record of all emergency calls for service received, calls transmitted, and vehicles dispatched. Page 2 of7 1. 3.5 Record and maintain a record of radio and telephone communications relating to all emergency incidents for 90 days, as required by the ValleyCom Operations Board, unless requested by the Fire Department to retain any particular record for a longer time, ValleyCom shall also make available a copy of the record for the Fire Department at mutually agreeable times should the Fire Department so desire, 1,6 Provide communication services to process requests for support assistance from utilities, medical services, police services, and other services to aid the Fire Department if such assistance should be requested, 'p Provide telephone lines and call numbers as agreed upon between the parties consistent with Section 4.3 below, 3,8 Pay the cost for telephone line service charges between ValleyCom and any receiver located in the Fire Department's boundaries, except as provided in Section 4.3 below, 3,9 Provide agreed upon services by ValleyCom twenty-four (24) hours per day, seven (7) days per week, during the term of this agreement. 3.10 Provide the Fire Department with a copy of ValleyCom's standard operating procedural rules for dispatching, 3,11 Provide access to ValleyCom's F,c.C, licensed radio system resources, subject to those constraints and restrictions established and imposed by the ValleyCom Operations Board, FIRE DEPARTMENT RESPONSIBILITIES TO V ALLEYCOM. 1,1 1.2 1.3 The Fire Department shall provide and maintain written alarm response procedures, on forms acceptable to ValleyCom, designating equipment to be dispatched for all alarms within the City. The Fire Department shall comply with the standard procedural rules for dispatch as may be established from time to time by ValleyCom. The Fire Department will pay any additional costs incurred by ValleyCom for providing equipment or services requested by the Fire Department that solely benefit the Fire Department; provided, however, ValleyCom may at its sole option, elect to pay for the equipment or service, Page 3 of? 1.4 The Fire Department will conform to the standard communications procedures and apparatus numbering configurations as established by Valleycom. Apparatus renumbering will not be concluded without consultation with ValleyCom. 4,5 The Fire Department authorizes the ValleyCom Operations Board the exclusive right to grant new requests to use ValleyCom licensed fire radio frequencies for member or non-member agencies, 5. FEE FOR SERVICES. For the duration of this agreement, the rate for fire calls to be paid by the Fire Department shall be the same rate that the City, as a member city under the ValleyCom Interlocal, would pay for those fire calls, were the City the direct provider of that service. ValleyCom will bill the Fire Department directly for these calls, and the Fire Department will pay within thirty (30) calendar days of the date of ValleyCom's invoice, ValleyCom will have equal rights against both the City and the Fire Department as are provided by the ValleyCom Interlocal for failure to make payment under this section, ~. OTHER PROGRAMS. ValleyCom is currently, and will in the future, consider other programs and services not specifically related to dispatch services described in Section 3, This Agreement does not provide for or otherwise address such additional programs and services, Such additional programs or services shall be subject to further negotiations and agreement of the parties, z. DISPATCH RECORDS, All records and recordings maintained for calls received from within the Fire Department's boundaries shall not be disclosed to any person without the consent of the Fire Department, unless a valid public disclosure request, subpoena or court order requires ValleyCom to disclose such information, in which case ValleyCom shall immediately notify the Fire Department. ~. INDEMNIFICATION. In its provision of fire and life safety services through the use of ValleyCom's services of providing fire and emergency medical dispatch services to the Fire Department, the Fire Department shall have the same rights to indemnification from ValleyCom as the City would have under the ValleyCom Interlocal, The Fire Department's right of indemnification will be direct as regards ValleyCom and the City will not be included in the indemnification unless the City's direct liability is asserted in the claim. In its provision of services to the Fire Department for the Fire Department's fire and life safety services, ValleyCom shall have the same rights to indemnification from the Fire Department as ValleyCom would have from the City under the ValleyCom Interlocal. ValleyCom's right of indemnification will be direct as regards the Fire Department, and the City will not be included in the indemnification unless the City's direct liability is asserted in the claim, Page 4 of? 10. 11. 12. Except as modified in this section, all other rights and obligations pertaining to indemnification under the ValleyCom Interlocal shall remain in full force and effect. The provisions of this section shall survive the termination or expiration of this agreement. 2. INSURANCE. The Fire Department shall maintain and carry at all times during the effective period of this Agreement, commercial general liability insurance against any and all claims which may arise fÌom or in connection with the activities related to the performance of this agreement by the Fire Department, its agents, officers, employees or assigns. The Fire Department shall provide ValleyCom with a certificate of insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000,00 combined single limit per occurrence and $2,000,000,00 aggregate for personal injury, bodily injury and property damage, ValleyCom shall be named as an additional insured on the commercial general liability insurance policy, and a copy of the endorsement naming ValleyCom as an additional insured shall be attached to the certificate of insurance, ValleyCom reserves the right to receive a copy of a certified copy of all required insurance policies, Upon request by the Fire Department, ValleyCom will provide the Fire Department a certificate of coverage evidencing liability coverage provided by its self-insured pool. If the Fire Department is self-insured for any of the above insurance requirements, a certificate of self-insurance shall be attached and shall be incorporated by reference and shall constitute compliance with this section. LIMITATION OF AGREEMENT. This agreement is entered into for the benefit of the parties to this agreement only, The agreement is not intended to confer any benefits on any other parties and therefore no other or third party shall be entitled to rely on the terms of this agreement or anticipate receipt of any benefit as a result of the performance of this agreement. OPERATIONAL REVIEW PROCEDURE, It is agreed that representatives of Valleycom and the Fire Department shall meet periodically, if requested by either party, to review operations or procedural matters of the ValleyCom Dispatch Center and/or the Fire Department. E911 PARTICIPATION, gl ValleyCom has entered into an agreement dated May I, 1984 with King County, identified as the "KING COUNTY ENHANCED 911 PARTICIPATION Page 5 of? 13. 14. 15. 16. 17. AGREEMENT," (nE911 AGREEMENT") ValleyCom is a Primary Public Safety Answering Point ("PSAP"). The Fire Department and ValleyCom agree to comply with all terms and conditions of the E91l AGREEMENT, 12,2 In the event this agreement is terminated, the party initiating the termination agrees to pay all costs, if any, associated with relocating, modifying or transferring any equipment or services provided by the E911 AGREEMENT (incurred by either ValleyCom or the Fire Department) as the direct result of the termination. All E91l costs to be charged against the parties initiating termination shall be itemized and justified by the other party within six (6) months of receipt of the written notice of termination, Where termination is by mutual consent, each party of this agreement shall pay its own resulting costs, VALLEY COM EQUIPMENT. All transmitters, consoles, alerting devices, call receiving equipment, and related facilities located at the ValleyCom Dispatch Center shall be purchased, operated, and maintained by ValleyCom, except as provided in Section 1.3 above, and ValleyCom is deemed the sole owner thereof, FIRE DEPARTMENT EQUIPMENT. All transmitters, consoles, alerting devices, and related facilities located in the Fire Department shall be purchased, operated and maintained by the Fire Department as required by ValleyCom in order to interconnect to ValleyCom except as provided in Section 3, and the Fire Department is deemed the sole owner thereof, RESERVATION OF OPERATIONAL RIGHTS, ValleyCom retains sole authority to determine the technical operation and equipment needs of the ValleyCom systems, This is necessary to insure maintenance of ValleyCom's standards and the highest degree of compatibility and effectiveness among member/user agencies. COORDINATION OF AGREEMENTS. Except as modified by this agreement, all of the rights, obligations, terms and conditions in the ValleyCom Interlocal will remain in full force and effect. TERMINATION. This agreement shall remain in effect until the City ceases to be a member of Valley Com, until the Fire Department ceases to exist, or until the termination of the City/Department Interlocal Agreement, whichever occurs first, unless amended by mutual written agreement by ValleyCom, the City, and the Fire Department. All parties, through their authorized agents, have read and understood this agreement and intend to be bound by it, and the authorized agents of the City, the Department, and ValleyCom have signed below this - day of ,2001, Page 6 of7 By direction of the City Council taken 9/q/ð( FEDERAL WAY FIRE DEPARTMENT By direction of the Boarg, / taken 6~'¡;ky" ,£t4.Pf~ ;7"¿~N7 By: ~/7 ,OLd; ~BY: aJ~ ::,'(Jo'I:'O""'" a 1;«57, N 6¥lÐ5<J :::=0'1:'°, 6I"',"",v nÆN&, e (17 (! L~.k.... fi¡:c¡erTI'1,<?r y¿, liMÛ) Approved as to Form: Approved as to Form: fJ J ~ -fa.-- Bob C. Sterbank, City Attómey V ALLEY COMMUNICATIONS CENTER By: ~ M vV\~t- Mayor Steven M. Mullet ValleyCom Administrative Board Chairperson 23807 - 98th Avenue South Kent, WA 98031 Approved as to Form: BY:-4~ W ~~ Tom Brubaker, Of Counsel to ValleyCom 1:\lntergov\ValleyCom\ValleyComFWFD - OIO829.doc Page 7 of 7 7~ VALLEY COMMUNICATIONS CENTER STANDARD OPERATING PROCEDURES POLICY NUMBER: 124 1.0 CALLS FOR SERVICE PURPOSE: To define Calls for Service (CFS) for purposes of billing/funding calculations and to provide statistical data to user agencies. 2.0 POLICY: Valley Com will bill Contract Agencies the established rate for each incident determined to be a Call for Service as defined herein. Using the same definitions, Valley Com will calculate each Owner Agency's proportional responsibility when developing the annual budget. 3.0 PROCEDURE: Valley Com defines a Call for Service for workload analysis and billing calculation as any request for service resulting in the dispatch of emergency service personnel, as well as any unit initiated activity that results in creation of a CAD incident and interaction with Valley Com personnel, with the exception of the following: 3,1 3.2 3.3 Any mutual aid incident where another Valley Com Agency within the same classification (police/fire/medic) is dispatched as the primary responding agency. For example, a police department that responds into another police department's jurisdiction to provide assistance does not constitute a CFS. However, an incident involving police, fire and medic units would result in a CFS for all three classifications. In addition, any mutual aid request dispatched to a location outside the Valley Com service area constitutes a CFS unless the agency has a contractual agreement with the communications center making the request. Any mutual aid request for a medic unit received from another communications center with an established contractual relationship with King County Medic One. To alleviate double billing from two communications centers having contractual relationships with KC Medic One, the agency interviewing the reporting party shall be considered the originating communications center. Any incident that is a duplicate of another CFS. Date Originated: 04/25/96 Date Revised: 01101102 Page I of2 VALLEY COMMUNICATIONS CENTER STANDARD OPERATING PROCEDURES POLICY NUMBER: 124 3.4 3.5 3.6 3.7 3.8 CALLS FOR SERVICE Any incident that is cancelled by Valley Com personnel due to an error or similar internal reasons. This does not include incidents that are cancelled when the requesting party calls back to cancel the response after the incident has been entered into CAD. Routine traffic stops that do not result in further police activity categorized as a CFS are counted as one half of a CFS. For example, a traffic stop that results in an arrest for a traffic violation or a warrant would then be categorized as officer initiated police activity and counted as a full CFS, but a routine traffic stop that does not result in an arrest is considered one half of a CFS. Any informational broadcast such as an Attempt To Locate (ATL) or Be On The Look Out (BOLO). Also, any informational incident created solely for the purpose of assisting the dispatcher in tracking unit activity. Any E911 Hangup (HANGUP) incident that is associated with another agency, such as a fire department call for service entered as a police hang up call. A request for service that is answered by Valley Com and downloaded to a representative identified by the responsible agency, not requiring dispatch of emergency services personnel is counted as one half of a CFS. This does not apply to fire department incidents handled through the Winter Storm Procedures outlined in SOP #745. Date Originated: 04/25/96 Page 2 of2 Date Revised: 01/01102