HomeMy WebLinkAbout2786 a1
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RESOLUTION NO. 2 7 8 6
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
4 OF AUBURN TO EXECUTE A CONTRACT BETWEEN THE CITY OF AUBURN AND
THE WASHINGTON STATE PATROL, WHICH PROVIDES FOR REIMBURSEMENT
5 TO THE CITY FOR FIRE PROTECTION INSPECTIONS IN STATE LICENSED
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
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Service Contract No C960565GSC with the Washington State, to
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provide fire prevention inspections by the Auburn Fire
18
Department in State licensed facilities The State shall
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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 2786
November 15, 1996
Page 1
i
1
2 Section 2 The Mayor is hereby authorized to implement
3 such administrative procedures as may be necessary to carry
4 out the directives of this legislation
5 DATED and SIGNED this c2Ind day of 4anuary, 199/
//,
6
CITY OF AUBURN
8
9
to �tat�lec_ Ci cl
CHARLES A BOOTH
11 MAYOR
12
13
14 ATTEST
15
16 ethh JO lNl. l at it(/C_/
Robin Wohlhueter,
17
City Clerk
18
19
20 APPROVED AS TO FORM
21
22 ) ac}�
23 Michael J Reynolds,
City Attorney
24
25
26
Resolution No 2786
November 15, 1996
Page 2
OR/Gil/AL
GENERAL SERVICE CONTRACT
WASHINGTON STATE PATROL
and
AUBURN FIRE DEPARTMENT
Contract No. C960565GSC
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 WSP)
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.
H. FIRE PREVENTION INSPECTION AND PLAN REVIEW
The Contractor shall perform fire prevention inspections in state-licensed facilities as
identified by WSP WSP shall provide the Contractor with a list of boarding home
inspections on a semi-annual basis.
IH. INSPECTION PROCESS — CONTRACTOR RESPONSIBILITIES
As part of the inspection process, the Contractor shall.
A. Inspect those facilities identified by WSP for compliance with the Uniform Fire
Code, 1994 Edition, as adopted by the State of Washington, Revised Code of
Washington (RCW) 19.27 and Washington Administrative Code (WAC) 212-12.
B All inspections shall be completed by the due date on the semi-annual inspection
list.
C 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.
D Ensure that the inspections are conducted by qualified individuals, as determined
by industry standards.
E. Submit to WSP, within five (5) days of the initial inspection, all completed copies
of inspection reports (on forms provided by WSP) for those facilities as identified
by WSP on the semi-annual inspection list.
Exhibit A - Resolution No 2786
Adopted 12/2/96
-1- CONTRACT NO.C960565GSC
GENERAL SERVICE CONTRACT BETWEEN THE
WASHINGTON STATE PATROL AND THE AUBURN FIRE DEPARTMENT (continued)
F Any inspection reports not received by WSP within fifteen (15) days of the due
date indicated on the semi-annual list will be considered 'Past Due."
G WSP will notify the Contractor of any inspections that are considered "Past Due"
and those inspections will be deleted from the semi-annual list and those funds
deducted from the contract. All "Past Due" inspections will be completed by
WSP personnel.
IV INSPECTION PROCESS — STATE FIRE MARSHAL RESPONSIBILITIES
As part of the inspection process, the State Fire Marshal agrees to.
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.
VI. CONTRACT PERIOD
The effective date of this Contract shall be December 1, 1996 The termination of
this Contract shall be June 30, 1999
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, WSP shall thereupon have the right to
terminate this Contract. WSP shall submit written notice to the Contractor describing
such default or violation.
WSP 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
Exhibit A - Resolution No.2786
Adopted 12/2/96 -2- CONTRACT NO.C960565GSC
C.
GENERAL SERVICE CONTRACT BETWEEN THE
WASHINGTON STATE PATROL AND THE AUBURN FIRE DEPARTMENT (continued)
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
completion, WSP may terminate the Contract under the TERMINATION clause,
subject to renegotiation under those new funding limitations and conditions.
IX. NONDISCRIMINATION CLAUSE
In the performance of this Agreement, the Contractor shall comply with the
provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of
the Rehabilitation Act of 1973 (29 USC 794); Chapter 49 60, Revised Code of
Washington; and Title 1 of the Americans With Disabilities Act (42 USC 12111-
12117), as now or hereafter amended. The Contractor shall not discriminate on the
grounds of race, color, national origin, sex, religion, marital status, age, creed,
Vietnam-era and disabled veterans status, or the presence of any sensory, mental, or
physical handicap
X. CONTRACT AMENDMENTS
WSP 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 WSP nor as agents of WSP in any manner whatsoever
The Contractor will not hold itself out as nor claim to be an officer or employee of
WSP 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 WSP 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 WSP are not
responsible for any legal obligation, financial or otherwise, incurred by the Contractor
Exhibit A - Resolution No 2786
-3- CONTRACT NO. C960565GSC
Adopted 12/2/96
r
GENERAL SERVICE CONTRACT BETWEEN THE
WASHINGTON STATE PATROL AND THE AUBURN FIRE DEPARTMENT (continued)
XII. SPECIAL PROVISION
WSP'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
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 WSP and the Contractor
No other understandings, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist.
Exhibit A - Resolution No 2786
Adopted 12/2/96
-4- CONTRACT NO.C960565GSC
a
GENERAL SERVICE CONTRACT BETWEEN THE
WASHINGTON STATE PATROL AND THE AUBURN FIRE DEPARTMENT (continued)
IN WITNESS WHEREOF, the Washington State Patrol and the Auburn Fire Department
have executed this AGREEMENT as of the date and year written below.
(Cy eRirraa IZ
Annette M. Sa6dberg(Chief' Auburn Fire Depa nt
Washington State Patrol
4736% o z. Ia-Jqc
Date Date
600122.13
Fed.Fed. Employer ID No./Social Security No
APPROVED AS TO FORM.
(1,WAL), Uh
Assistant Attorney General
Date
Washington State Patrol
Budget and Fiscal Services
Date
Exhibit A - Resolution No 2786
Adopted 12/2/96
-5- CONTRACT NO.C960565GSC
)
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CITY OF AUBURN
INTER-OFFICE MEMORANDUM DEC
CITY ' 1996
TO hire Chief_Bob_Johnson C�1 ' CLERKS pF
FROM: Robin Wohlhueter, City Clerk
DATE. December 11, 1996
SUBJECT Resolution No 2786
Service Contract between the Auburn Fire Department
and the Washington State Patrol
The Auburn City Council adopted Resolution No 2786 on December 2, 1996
authorizing the execution of a contract between the City and the Washington State
Patrol to provide fire prevention inspections by the Auburn Fire Department in State
licensed facilities.
Attached are two duplicate originals of the contract which require the signature of an
Auburn Fire Department representative. Would you please sign both contracts and
return them to me. Copies of the contract will be distributed when the signed originals
are returned,
Thank you for your assistance.
Attachments
File: 02.4
f\clerk\cont\res2786
CITY OF AUBURN
INTER-OFFICE MEMORANDUM
TO Fire Chief Bob Johnson
FROM. Robin Wohlhueter, City Clerk
DATE. December 11, 1996
SUBJECT Resolution No 2786
Service Contract between the Auburn Fire Department
and the Washington State Patrol
The Auburn City Council adopted Resolution No 2786 on December 2 1996
authorizing the execution of a contract between the City and the Washington State
Patrol to provide fire prevention inspections by the Auburn Fire Department in State
licensed facilities.
Attached are two duplicate originals of the contract which require the signature of an
Auburn Fire Department representative. Would you please sign both contracts and
return them to me Copies of the contract will be distributed when the signed originals
are returned,
Thank you for your assistance.
Attachments
File: 02.4
f:\clerk\co nt\res2786
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RECORDS MANAGEMENT
Ordinance No Resolution a)ollution No /fU/��7
Date Adopted /9/c/94r dgethea GN�
Copies to: ! €-ei Alx u(�%i ,12 deaby
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1 ) Department Contact(s):
Finance Department —
(Copy if relates to fees, charges, or any accounting responsibility)
2.) Code Book:
3 ) Recording File.
4 ) Citizen Requests.
NAME Address
cc: City Clerk
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STATE OF WASHINGTON
WASHINGTON STATE PATROL
General Administration Building, PO Box 42600 • Olympia, Washington 98504-2600 • (360) 753-6540
November 1, 1996
Mr Wayne Senter
Auburn Fire Department
1101 D Street
Auburn WA 98002
Dear Mr Senter-
Enclosed are two signed originals of the contract between the Washington State Patrol and the
Auburn Fire Department (AFD) for the purpose of entering 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. Once the documents
have been signed by an approved representative of AFD, retain one original for your files and
return the second 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 C960565GSC. This number should
be used on all correspondence regarding the contract.
If you need further assistance, please contact Lieutenant Stuart at (360) 753-6550. Thank you.
Sincerely,
CHIEF ANNE M. SANDBERG
Mr Ken Mitchell
Budget and Fiscal Services
KM.hf
Enclosures
'/ f/J 0
GENERAL SERVICE CONTRACT
WASHINGTON STATE PATROL
and
AUBURN FIRE DEPARTMENT
Contract No. C960565GSC
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 WSP)
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.
H. FIRE PREVENTION INSPECTION AND PLAN REVIEW
The Contractor shall perform fire prevention inspections in state-licensed facilities as
identified by WSP WSP shall provide the Contractor with a list of boarding home
inspections on a semi-annual basis.
III. INSPECTION PROCESS — CONTRACTOR RESPONSIBILITIES
As part of the inspection process, the Contractor shall.
A. Inspect those facilities identified by WSP for compliance with the Uniform Fire
Code, 1994 Edition, as adopted by the State of Washington, Revised Code of
Washington (RCW) 19.27 and Washington Administrative Code (WAC) 212-12.
B. All inspections shall be completed by the due date on the semi-annual inspection
list.
C 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.
I) Ensure that the inspections are conducted by qualified individuals, as determined
by industry standards.
E. Submit to WSP, within five (5) days of the initial inspection, all completed copies
of inspection reports (on forms provided by WSP) for those facilities as identified
by WSP on the semi-annual inspection list.
Exhibit A - Resolution No. 2786
Adopted 12/2/96 -1- CONTRACT NO.C96056SGSC
GENERAL SERVICE CONTRACT BETWEEN THE
WASHINGTON STATE PATROL AND THE AUBURN FIRE DEPARTMENT (continued)
F Any inspection reports not received by WSP within fifteen (15) days of the due
date indicated on the semi-annual list will be considered "Past Due."
G WSP will notify the Contractor of any inspections that are considered "Past Due"
and those inspections will be deleted from the semi-annual list and those funds
deducted from the contract. All "Past Due" inspections will be completed by
WSP personnel.
IV INSPECTION PROCESS — STATE FIRE MARSHAL RESPONSIBILITIES
As part of the inspection process, the State Fire Marshal agrees to
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.
VI. CONTRACT PERIOD
The effective date of this Contract shall be December 1, 1996 The termination of
this Contract shall be June 30, 1999
VU. 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, WSP shall thereupon have the right to
terminate this Contract. WSP shall submit written notice to the Contractor describing
such default or violation.
WSP 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
Exhibit A - Resolution No 2786
Adopted 12/2/96 -2- CONTRACT NO. c960565GSC
GENERAL SERVICE CONTRACT BETWEEN THE
WASHINGTON STATE PATROL AND THE AUBURN FIRE DEPARTMENT (continued)
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
completion, WSP may terminate the Contract under the TERMINATION clause,
subject to renegotiation under those new funding limitations and conditions.
IX. NONDISCRIMINATION CLAUSE
In the performance of this Agreement, the Contractor shall comply with the
provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of
the Rehabilitation Act of 1973 (29 USC 794), Chapter 49 60, Revised Code of
Washington, and Title 1 of the Americans With Disabilities Act (42 USC 12111-
12117), as now or hereafter amended. The Contractor shall not discriminate on the
grounds of race, color, national origin, sex, religion, marital status, age, creed,
Vietnam-era and disabled veterans status, or the presence of any sensory mental, or
physical handicap
X. CONTRACT AMENDMENTS
WSP 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 WSP nor as agents of WSP in any manner whatsoever
The Contractor will not hold itself out as nor claim to be an officer or employee of
WSP 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 WSP 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 WSP are not
responsible for any legal obligation, financial or otherwise, incurred by the Contractor
Exhibit A - Resolution No 2786
-3- CONTRACT NO. C960565GSC
Adopted 12/2/96
GENERAL SERVICE CONTRACT BETWEEN THE
WASHINGTON STATE PATROL AND THE AUBURN FIRE DEPARTMENT (continued)
XII. SPECIAL PROVISION
WSP'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
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 WSP and the Contractor
No other understandings, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist.
Exhibit A - Resolution No 2786
Adopted 12/2/96
-4- CONTRACT NO. C960565GSC
GENERAL SERVICE CONTRACT BETWEEN THE
WASHINGTON STATE PATROL AND THE AUBURN FIRE DEPARTMENT (continued)
IN WITNESS WHEREOF, the Washington State Patrol and the Auburn Fire Department
have executed this AGREEMENT as of the date and year written below.
Annette M. Sa‘dbevg Chfef Auburn Fire Department
Washington State Patrol
Date Date
Fed. Employer ID No./Social Security No
APPROVED AS TO FORM.
■ 1 n 1 Y I UUt) VII I,:R IA
Assistant Attorney General
lUall6
Date
Washington State Patrol
Budget and Fiscal Services
7'0 ' �`
Date
Exhibit A - Resolution No 2786
Adopted 12/2/96
-5- CONTRACT NO.C960565GSC
, t 1
CHARLES A. BOOTH. MAYOR :4194 v�''
,� ��� §� ry� AUBURN CITY CLERK
Rubin Wohlhucter,City Clerk yA4r1 �t_ ,,. 2j West Atain, Auburn,WA 98001
Dirt Daskam, Deputy City Clerk tt+"id`" - _ K sr:at." City Clerk (206)931 3039
lamte Bothell Records/License Clerk ' Business Registration (206)931 3007 Fax.(206)911 'Rh
"
December 16, 1996
Lieutenant Jim Stuart
Budget and Fiscal Services
Washington State Patrol
PO Box 42602
Olympia WA 98504-2602
Re Contract No. C9960565GSC - City of Auburn
Dear Lieutenant Stuart:
A fully executed original General Service Contract No C960565GSC between
the Washington State Patrol and the Auburn Fire Department providing for fire
prevention inspections in state-licensed facilities is enclosed for your records.
Should you require further information, please contact Auburn Fire Chief Bob
Johnson at 931-3060
SSiin�cerely, 11,
Charles A. Booth
Mayor
cc: Diane Supler, Finance Director
Bob Johnson, Fire Chief
i Oa �� (4I
Lit(
GENERAL SERVICE CONTRACT
WASHINGTON STATE PATROL
and
AUBURN FIRE DEPARTMENT
Contract No. C960565GSC
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 WSP)
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 WSP WSP shall provide the Contractor with a list of boarding home
inspections on a semi-annual basis.
III. INSPECTION PROCESS — CONTRACTOR RESPONSIBILITIES
As part of the inspection process, the Contractor shall.
A. Inspect those facilities identified by WSP for compliance with the Uniform Fire
Code, 1994 Edition, as adopted by the State of Washington, Revised Code of
Washington (RCW) 19.27 and Washington Administrative Code (WAC) 212-12
B All inspections shall be completed by the due date on the semi-annual inspection
list.
C. 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
D Ensure that the inspections are conducted by qualified individuals, as determined
by industry standards.
E. Submit to WSP, within five (5) days of the initial inspection, all completed copies
of inspection reports (on forms provided by WSP) for those facilities as identified
by WSP on the semi-annual inspection list.
Exhibit A - Resolution No. 2786
Adopted 12/2/96
-1- CONTRACT NO. C960565GSC
•
GENERAL SERVICE CONTRACT BETWEEN THE
WASHINGTON STATE PATROL AND THE AUBURN FIRE DEPARTMENT (continued)
F Any inspection reports not received by WSP within fifteen (15) days of the due
date indicated on the semi-annual list will be considered "Past Due "
G WSP will notify the Contractor of any inspections that are considered "Past Due"
and those inspections will be deleted from the semi-annual list and those funds
deducted from the contract. All "Past Due" inspections will be completed by
WSP personnel.
IV INSPECTION PROCESS — STATE FIRE MARSHAL RESPONSIBILITIES
As part of the inspection process, the State Fire Marshal agrees to•
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 FUNDLNG
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.
VI. CONTRACT PERIOD
The effective date of this Contract shall be December 1, 1996 The termination of
this Contract shall be June 30, 1999
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, WSP shall thereupon have the right to
terminate this Contract. WSP shall submit written notice to the Contractor describing
such default or violation.
WSP 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
Exhibit A - Resolution No 2786
Adopted 12/2/96 -2- CONTRACT NO. C960565GSC
GENERAL SERVICE CONTRACT BETWEEN THE
WASHINGTON STATE PATROL AND THE AUBURN FIRE DEPARTMENT (continued)
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
completion, WSP may terminate the Contract under the TERMINATION clause,
subject to renegotiation under those new funding limitations and conditions.
IX. NONDISCRIMINATION CLAUSE
In the performance of this Agreement, the Contractor shall comply with the
provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d); Section 504 of
the Rehabilitation Act of 1973 (29 USC 794), Chapter 49 60, Revised Code of
Washington; and Title 1 of the Americans With Disabilities Act (42 USC 12111-
12117), as now or hereafter amended. The Contractor shall not discriminate on the
grounds of race, color, national origin, sex, religion, marital status, age, creed,
Vietnam-era and disabled veterans status, or the presence of any sensory, mental, or
physical handicap
X. CONTRACT AMENDMENTS
WSP 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 WSP nor as agents of WSP in any manner whatsoever
The Contractor will not hold itself out as nor claim to be an officer or employee of
WSP 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 WSP 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 WSP are not
responsible for any legal obligation, financial or otherwise, incurred by the Contractor
Exhibit A - Resolution No 2786
Adopted 12/2/96 -3- CONTRACT NO. C960565GSC
GENERAL SERVICE CONTRACT BETWEEN THE
WASHINGTON STATE PATROL AND THE AUBURN FIRE DEPARTMENT (continued)
XII. SPECIAL PROVISION
WSP'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
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 WSP and the Contractor
No other understandings, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist.
Exhibit A - Resolution No 2786
Adopted 12/2/96
-4- CONTRACT NO. C960565G5C
•
GENERAL SERVICE CONTRACT BETWEEN THE
WASHINGTON STATE PATROL AND THE AUBURN FIRE DEPARTMENT (continued)
IN WITNESS WHEREOF, the Washington State Patrol and the Auburn Fire Department
have executed this AGREEMENT as of the date and year written below
1 rtaittie•
Annette M. Safi be , Chief Auburn Fire Departme
Washington State Patrol
/6734A IL ht. hq&
Date Date
1 I— WOO,n
Fed. Employer ID No./Social Security No
APPROVED AS TO FORM.
Wv\AL1)
Assistant Attorney General
10(Z$196
Date
Washington State Patrol
Budget and Fiscal Services
to -2-9 -S
Date
Exhibit A - Resolution No 2786
Adopted 12/2/96
-5- CONTRACT.NO.C960565GSC
City op
A
CHACHARLES A.BOOTH,MAYOR tr: \ AUBURN CITY CLERK
Robin Wohlhueter,City Clerk J J11u Jt 25 West Main, Auburn,WA 98001
Dann Daskam,Deputy City Clerk rj City Clerk:(206)931-3039
Tornio Bothell,Records/License Clerk \ Business Registration:(206)931.3007 Fax:(206)931-3053
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. 2786 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No. 2786 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 2nd day of December, 1996
Witness my hand and the seal of the City of Auburn this 17th day of January, 1997
Robin Wohlhueter
City Clerk
City of Auburn