The URL can be used to link to this page

Home My WebLink About2696 454;409 1 RESOLUTION NO. 2 6 9 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE A CONTRACT BETWEEN THE CITY OF AUBURN AND 4 THE WASHINGTON STATE PATROL, WHICH PROVIDES FOR REIMBURSEMENT TO THE CITY FOR FIRE PROTECTION INSPECTIONS IN STATE LICENSED 5 FACILITIES LOCATED IN THE CITY OF AUBURN. 6 WHEREAS, the purpose of this program is designed to 7 eliminate duplication of services and conflicting requirements 8 and to provide assurance of fire and life safety code 9 compliance prior to the issuance of a state boarding home 10 license 11 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 12 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 13 RESOLVES AS FOLLOWS: 14 Section 1. The Mayor and City Clerk of the City of 15 Auburn, Washington, are herewith authorized to execute General 16 Service Contract No. C95041OGSC with the Washington State, to 17 provide fire prevention inspections by the Auburn Fire 18 Department in State licensed facilities The State shall 19 reimburse the City the sum of Nine Dollars ($9 00) per state 20 licensed bed, not to exceed the maximum funding level of One 21 Thousand Seven Hundred Forty-six Dollars ($1,746. 00) for such 22 inspections The Contract attached hereto is designated 23 Exhibit "A" and incorporated herein by this reference as if 24 fully set forth. 25 26 Resolution No 2696 December 28, 1995 Page 1 1 Section 2 . The Mayor is hereby authorized to implement 2 such administrative procedures as may be necessary to carry 3 out the directives of this legislation. 4 DATED and SIGNED this l(2&/) day of January, 1996 5 6 CITY OF AUBURN 7 9 CILL4 C\-) CHARLES A. BOOTH 10 MAYOR 11 12 ATTEST: 13 14 JA/lti�(Nwl 15 Robin Wohlhueter, City Clerk 16 17 18 APPROVED AS TO FORM 19 / r 20 � Michael J Reynolds, 21 City Attorney 22 23 24 25 26 Resolution No 2696 December 28, 1995 Page 2 ORIGINAL GENERAL SERVICE CONTRACT WASHINGTON STATE PATROL and AUBURN FIRE DEPARTMENT Contract No. C950410GSC This Contract is entered into between the Auburn Fire Department, hereafter known as the Contractor) and the Washington State Patrol, State Fire Marshal (hereafter known as the Agency) I. PURPOSE The purpose of this Contract is to enter into a program designed to eliminate duplication of services and conflicting requirements, and to provide assurance of fire and life safety code compliance prior to the issuance of a state license. II. FIRE PREVENTION INSPECTION AND PLAN REVIEW The Contractor shall perform fire prevention inspections in state-licensed facilities as identified by the Agency in Exhibit A, which, by this reference is incorporated into this Contract. III. INSPECTION PROCESS — CONTRACTOR RESPONSIBILITIES As part of the inspection process, the Contractor shall. A. Inspect those facilities identified by the Agency in Exhibit A for compliance with the Uniform Fire Code, 1991 Edition, as adopted by the State of Washington. Revised Code of Washington (RCW) 19.27 and Washington Administrative Code (WAC) 212-12. B Perform re-inspections of facilities where deficiencies were noted within thirty (30) days, or other reasonable period of time, of the initial inspection to ensure compliance. C Ensure that the inspections are conducted by qualified individuals, as determined by industry standards. D Submit to the Agency completed copies of inspection reports (on forms provided by the Agency) for those facilities as identified by the Agency in Exhibit A. IV INSPECTION PROCESS — STATE FIRE MARSHAL RESPONSIBILITIES As part of the inspection process, the State Fire Marshal agrees to -1- CONTRACT NO. C9504IOCSC GENERAL SERVICE CONTRACT BETWEEN THE WASHINGTON STATE PATROL AND AUBURN FIRE DEPARTMENT(continued) A. Provide the Contractor with technical services, including code interpretations and code and/or process research. B When requested, conduct evaluation and appeals processes. C Conduct plan reviews of newly constructed, remodeled, renovated, moved, altered, or demolished state-licensed facilities. D Provide the Contractor with copies of all plan review actions. V FUNDING The total of state funds to be reimbursed to the Contractor for costs incurred during the Contract period shall be $9 per state-licensed bed as identified by the State of Washington, Department of Health. Maximum funding for this Contract shall not exceed $1,746. VI. CONTRACT PERIOD The effective date of this Contract shall be the date the parties sign and complete execution of the Contract. The termination of this Contract shall be June 30, 1996 VII. TERMINATION OF CONTRACT If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract or if the Contractor shall violate any of its covenants, agreements, or stipulations, the Agency shall thereupon have the right to terminate this Contract. The Agency shall submit written notice to the Contractor describing such default or violation. The Agency may unilaterally terminate all or part of this Contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Contract. Notwithstanding any provisions of this Contract. either party may terminate this Contract by providing written notice of such termination, specifying the effective date thereof at least thirty (30) days prior to such date. VIII. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal -2- CONTRACT NO. C950410GSC GENERAL SERVICE CONTRACT BETWEEN THE WASHINGTON STATE PATROL AND AUBURN FIRE DEPARTMENT(continued) completion, the Agency may terminate the Contract under the TERMINATION clause, subject to renegotiation under those new funding limitations and conditions. IX. NONDISCRIMINATION CLAUSE The Contractor agrees that in fulfilling the terms and conditions of this Contract, there shall be no discrimination against Vietnam-era veterans or disabled veterans or any person on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory, or mental handicap in accordance with the Revised Code of Washington (RCW) 49 60 Furthermore, the Contractor agrees to comply with the Americans With Disabilities Act of 1990 42 U S.0 12101 et seq (ADA) and its implementing regulations. The ADA provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications X. CONTRACT AMENDMENTS The Agency and the Contractor may request changes to the Contract or its provisions. It is agreed and understood that no alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties hereto Any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding XI. CONTRACTOR NOT EMPLOYEE The Contractor, its employees, or agents performing under this Contract are not deemed to be employees of the Agency nor as agents of the Agency in any manner whatsoever The Contractor will not hold itself out as nor claim to be an officer or employee of the Agency or of the state of Washington by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Agency or of the state of Washington. Each Contract which the Contractor enters into with subcontractors, creditors, and others shall contain a clause providing notice that the state and the Agency are not responsible for any legal obligation. financial or otherwise, incurred by the Contractor XII. SPECIAL PROVISION The Agency's failure to insist upon the strict performance of any provision of this Contract or to exercise any right based upon a breach thereof or the acceptance of any -3- CONTRACT NO. C950410GSC GENERAL SERVICE CONTRACT BETWEEN THE WASHINGTON STATE PATROL AND AUBURN FIRE DEPARTMENT(continued) performance during such breach shall not constitute a waiver of any right under this Contract. XIII. HOLD HARMLESS Each party agrees to be responsible for its own negligence or deficient performance under this Contract and agrees to hold harmless and indemnify the other, and the other's officers, agents, employees, and assigns, against any and all damages or claims of damages resulting or allegedly resulting from such negligence or deficient performance XIV GOVERNING LAW AND VENUE The Contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Contract shall be the superior court of Thurston County, Washington. XV SEVERABILITY In the event any term or condition of this Contract or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Contract which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Contract are declared severable. XVI. ENTIRE AGREEMENT This Contract contains all terms and conditions agreed to by the Agency and the Contractor No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to send the parties hereto -4- CONTRACT NO. C9504I0GSC GENERAL SERVICE CONTRACT BETWEEN THE NA.SIIINGTON STATE PATROL AND AUBURN FIRE DEPARTMENT(continued) IN WITNESS WHEREOF, the Washington State Patrol State Fire Marshal and the Auburn Fire Department have executed this AGREEMENT as of the date and year written below AIldillie gin WA er, A , a.: A ette M andberg, C)iief CHARLES A. BOOTH, MAYOR Washington State Patr61 Date Date / 0—&00/A r Fed. Employer ID No./Social Security No APPROVED AS TO ORM. / / 0 il Assist"na Tn y ' eneral ATTEST" /1/4"A-4— Date Robin Wohlhueter, City Clerk APPROVED AS TO FORM ' �i}� PROVED AS TO FORM Washington to Patrol 1 • Budget and Fiscal Services _ Michael J Reynolds, City Attorney Z - 4 Date -5- CONTRACT NO. C9504IOGSC EXHIBIT A FACILITY NAME AUTHORITY HAVING LIC #OF $ FOR INSP JURISDICTION # BEDS INSP DUE Parkside Retirement Auburn Fire Dept BH-279 110 $990 2/28/96 Twin Firs Auburn Fire Dept BH-233 20 $180 3/31/96 Chart ley House Auburn Fire Dept BH-788 64 $576 5/30/96 TOTAL $1,746 i lAuburn Fire Department 1101 D Street NE Auburn WA 98002 ATTENTION Wayne Senter CONTRACT # C_ ctD 4-1 C C- 1 11/14/95 G4b'ot • OFFICE OF THE NIAYOR OR u# CHARLES A. BOOTH, MAYOR z11* CITY ADMINISTRATION � � '��'�*�! 25 WEST MAIN, �+ i` AUBURN, WA 98001-1995 ? (206) 931-3041 January 19, 1996 Lieutenant Jim Stuart Budget and Fiscal Services Washington State Patrol PO Box 42602 Olympia WA 98504-2602 Re: Washington State Patrol Contract No C950410GSC Dear Mr Stuart The City of Auburn has taken final action on the contract between the Washington State Patrol and the Auburn Fire Department for the purpose of providing fire prevention inspections in state-licensed facilities. A copy of the fully executed original contract is enclosed along with a copy of City of Auburn Resolution No 2696 We look forward to working with you, and should you have any questions or comments with regard to this contract please contact Wayne Senter at 931- 3060 Sincerely, ejr.ajo_c r1/4.4e Charles A. Booth Mayor cc: Wayne Senter, Fire Marshall IS STATE, n it-'6146"--- �V'. . __ n s 2 . A, IB39 t STATE OF WASHINGTON WASHINGTON STATE PATROL General Administration Building, PO Box 600 • Olympia, Washington 98504-2600 • (360) 753-6540 December 13, 1995 RE :PI/ED Mr Wayne Senter Auburn Fire Department DEC 2 6 1995 110 D St NE �n;l Auburn WA 98002 '-EGAL DEPT Dear Mr Senter Enclosed is the signed original contract between the Washington State Patrol and the Auburn Fire Department for the purpose of providing fire prevention inspections in state-licensed facilities. Once the document has been signed by an approved representative of the Auburn Fire Department, please return the fully executed original to the following: Lieutenant Jim Stuart Budget and Fiscal Services Washington State Patrol PO Box 42602 Olympia WA 98504-2602 The Washington State Patrol contract tracking number is C950410GSC. This number should be used on all correspondence regarding the contract. If you need further assistance, please contact Lieutenant Jim Smart, Budget and Fiscal Services, at (360) 753-6550 Thank you. Sincerely, CHIEF ANNETTE M. S NDBERG iyk C p tll Ford Budget and Fiscal Services BF.EN.lcw Enclosure CP as,sr�re oA ,t t x N ox d �yt ieee� STATE OF WASHINGTON WASHINGTON STATE PATROL General Administration Building, PO Box 42600 • Olympia, Washington 98504-2600 • (360)753-6540 December 13, 1995 RECEIVED Mr Wayne Senter Auburn Fire Department DEC 2 6 1995 110 D St NE Auburn WA 98002 LEGAL DEPT Dear Mr Senter Enclosed is the signed original contract between the Washington State Patrol and the Auburn Fire Department for the purpose of providing fire prevention inspections in state-licensed facilities. Once the document has been signed by an approved representative of the Auburn Fire Department, please return the fully executed original to the following. Lieutenant Jim Stuart Budget and Fiscal Services Washington State Patrol PO Box 42602 Olympia WA 98504-2602 The Washington State Patrol contract tracking number is C950410GSC This number should be used on all correspondence regarding the contract. If you need further assistance, please contact Lieutenant Jim Stuart, Budget and Fiscal Services, at (360) 753-6550 Thank you. Sincerely, CHIEF ANNETTE M S NDBERG 7 / eisi.../A. Cap ill Ford Budget and Fiscal Services BF.EN.lcw Enclosure e a (MY Or CHARLES A 6001 H,MAYOR' ALT" \ AUBURN CITY ATTORNEY Juith Michael l Rcu:111. Oh 111 Co \' JudahC Auexwi s CIIN A Gn Annum 25 West Main Auburn WA 98001-4998 Karen C.Gultner.Proscnnor (206) 931-3030 shit g°c STATE OF WASHINGTON) ss COUNTY OF KING I , Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2696 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No 2696 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 16th day of January, 1996 Witness my hand and the seal of the City of Auburn this 16th day of February, 1996 Robin Wohlhueter City Clerk City of Auburn