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.
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ADOPTED BY THE CITY COUNCIL th•is a' day of .r 1996.
A 1'thST:
City Clerk
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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