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HomeMy WebLinkAboutR-1996-041 Codes/ Fire Prevention Inspections / Boarding HomesRESOLUTION NO. R-96-_ A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an agreement with the Washington State Patrol, State Fire Marshall to have the City of Yakima perform fire prevention inspections in state licensed boarding homes. WHEREAS, the City of Yakima and the State of Washington currently perform duplicate fire prevention inspections of boarding homes; and WHEREAS, the State of Washington desires that the City of Yakima perform fire prevention inspections in state licensed boarding homes in accordance with the attached general services contract in order 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 boarding home license; and WHEREAS, under said general services contract, the State of Washington will reimburse the City for inspection of boarding homes at the rate of $9.00 per licensed bed; and WHEREAS, the City Council deems it in the best interest of the City of Yakima to enter into an agreement with the Washington State Patrol, State Fire Marshall in accordance with the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated general services contract with the Washington State Patrol, State Fire Marshall, for the purpose of providing fire prevention inspections in state licensed boarding homes. ott) ADOPTED BY THE CITY COUNCIL th•is a' day of .r 1996. A 1'thST: City Clerk Inlrlr../far. >ny.ctaen oontr.et r/ USP pm nn Buchanan, Mayor GENERAL SERVICE CONTRACT WASHINGTON STATE PATROL and CITY OF YAKIMA Contract No. C960058GSC This Contract is entered into between the City of Yakima (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 perfoini 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. -1- CONTRACT NO. C960058GSC GENERAL SERVICE CONTRACT BETWEEN THE WASHINGTON STATE PATROL AND THE CITY OF YAKIMA (continued) 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. Maximum funding for this Contract shall not exceed $2,655. 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. -2- CONTRACT NO. C960058GSC GENERAL SERVICE CONTRACT BETWEEN THE WASHINGTON STATE PATROL AND THE CITY OF YAKIMA (continued) 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, 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.C. 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. -3- CONTRACT NO. C960058GSC GENERAL SERVICE CONTRACT BETWEEN THE WASHINGTON STATE PATROL AND THE CITY OF YAKIMA (continued) 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 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 perfolinance 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 teiiu, condition, or application. To this end, the telins 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. C960058GSC GENERAL SERVICE CONTRACT BETWEEN THE WASHINGTON STATE PATROL AND THE CITY OF YAKIMA (continued) IN WITNESS WHEREOF, the Washington State Patrol State Fire Marshal and the City of Yakima have executed this AGREEMENT as of the date and year written below. Annette M. Sandberg, Clf Washington State Patrol Date APPROVED AS TO FORM: n Assistant Attorney General Date APPROVED AS TO FORM Washington State Patrol Budget and Fiscal Services Date R. A. Zai) Jr., City Manager City of Yakima Date 91-6001293 Fed. Employer ID No./Social Security No. ATTEST: Karens S. Roberts, CMC City Clerk City Contract Number -5- CONTRACT NO. C960058GSC EXHIBIT A C960058GSC FACILITY NAME AUTHORITY HAVING JURISDICTION LIC # # OF BEDS $ FOR INSP. INSP. DUE James Oldham Treatment Yakima, City Of PE -86 30 $270 6/30/96 Golden Eagle Yakima, City Of BH -838 11 $99 3/31/96 Oakridge Yakima, City Of BH -1033 8 $72 2/28/96 Riel House Yakima, City Of PE -112 14 $126 5/31/96 Dependency Health Serv. Yakima, City Of PE -110 14 $126 2/2/96 Ponderosa Retirement Yakima, City Of BH -804 82 $738 2/28/96 Yakima Retirement Manor Yakima, City Of BH -941 36 $324 2/28/96 Summitview Assisted LC BH -998 20 $180 2/28/96 $2,655 CITY OF YAKIMA 129 NORTH 2ND STREET YAKIMA WA 98901 ATTENTION; LEONARD HALL 2/9/96