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Home My WebLink AboutR-1994-111 Fire Prevention Inspections• RESOLUTION N0. R-94-- 111 11 Resolution authorizing the execution of a contract with the Washington State Department of Community, Trade and Economic Development, Fire Protection Services Diuision, State Fire Marshal to have the City of Yakima perform fire preuention inspections in state licensed boarding homes. WHEREAS, the City of Yakima and the State of Washington currently perform duplicate fire preuention inspections of boarding homes; and WHEREAS, the State of Washington wishes the City of Yakima to perform fire preuention inspections in state licensed boarding homes to eliminate duplication of seruices and conflicting requirements, and to provide assurance of fire and lite safety code compliance prior to the issuance of a state boarding home license; and WHEREAS, the State of Washington will reimburse the City for the inspection of boarding homes at a rate of $9.08, per licensed beds, with a maximum funding for this contract of $1,566.88. BE IT RESOLUED BY THE CITY COUNCIL OF THE CITY OF YRKIMR: The City Manager is hereby authorized and directed to execute the contract, a true copy of which is attached and incorporated into this resolution, with the State of Washington Department of Community, Trade and Economic Deueiopment, Fire Protection Services Division, State Fire Marshal to have the City of Yakima perform fire preuention inspections in state licensed boarding homes. ADOPTED BY THE CITY COUNCIL this 23rd day of August, 1994. Mayor ATTEST: City Clerk State of Washington Department of Community, Trade and Economic Development I ntergovemmental Contract CTED #1-95-516- 057 CONTRACT This contract is entered into between City of Yatna ,hereafter known as the Contractor) and the Washington State Department of Community, Trade and Economic Development, Fire Protection Services Division, State Fire Marshal (hereafter known as the Agency), pursuant to SB6244, Section 122, Laws of 1994. Section 1. 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 boarding home license. Section 2. Fire Prevention Inspection and Plan Review The contractor shall perform fire prevention inspections in state licensed boarding homes as identified by the agency in Exhibit "A", which, by this reference is incorporated into this contract. Section 3. Inspection Process, Contractor Responsibilities As part of the inspection process, the contractor shall: 1 Inspect those boarding home facilities identified by the Agency in Exhibit "A" for compliance with the Uniform Fire Code, 1991 Edition, as adopted by the State of Washington, RCW 19.27 and Washington Administrative Code, 212- 12. 2. Perform re -inspections of facilities where deficiencies were noted within thirty days, or other reasonable period of time, of the initial inspection to assure compliance. 3. Ensure that the inspections are conducted by qualified individuals, as determined by industry standards. 4. Submit to the Agency completed copies of inspection reports (on forms provided by the Agency) for those boarding home facilities as identified by the Agency in Exhibit "A". 1 Section 4. Inspection Process, State Fire Marshal Responsibilities As part of the inspection process, the State Fire Marshal agrees to: 1. Provide the contractor with technical services, including code interpretations and code and/or process research. 2. When requested, conduct evaluation and appeals processes. 3. Conduct plan reviews of newly constructed, remodeled, renovated, moved, altered, or demolished state licensed boarding homes. 4. Provide the contractor with copies of all plan review actions. Section 5. Funding. The total of state funds to be reimbursed to the contractor for costs incurred during the contract period shall be $ 9.00 per state licensed bed as identified by the State of Washington, Department of Health. Maximum funding for this contract shall be41,566.00. Section 6. 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 January 1, 1995. Section 7. Terrrynation 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 terninate 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 it's 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 tem --nate this contract by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. 2 Section 8. Nondiscrimination Clause. The Contractor agrees that in fulfilling the terms and conditions of this contract there shall be no 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 govemment services, and telecommunications. Section 9. Contract Amendments. ents. 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. Section 10. 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 daim to be an officer or employee of the Agency or of the state of Washington by reason hereof and will not make any daim, 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. Section 11. 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. Section 12. 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. 3 Section 13. 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. Section 14. 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. Section 15. 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-clet`med to est or to send the parties hereto. Richard R Small, Director Date Community, Trade and Economic Development Fire Protection Services State ire Marshal By: 771.-= \\ Signature Authority Organization: Address: City of Yakima City Manager ' J O '61 Title Date 129 N. 2nd Street Tax Identification Number: APPROVED AS TO FORM: Derek Mann 91-6001293 Phone Yakima, WA City 98901 Zip ciry 4.:CITRACT NO. (L/-�r L{ —6/ July 11 July 8. 1994 Derek Mann, Assistant Attorney General Date 4 STATE OF WASHINGTON OFFICE OF THE STATE FIRE MARSHAL BOARDING HOME INTERAGENCY CONTRACT PROGRAM EXHIBIT "A" FACILITY NAME FACILITY ADDRESS CITY LIC NO BEDS CONT AMT ** FIRE AUTHORITY: YAKIMA FIRE DEPARTMENT 39 SUMMITVIEW ASSISTED LIVING 3905 KNOBEL AVE YAKIMA BH -998 20 $180 CENTER 39 PONDEROSA RETIREMENT CENTER 3300 ENGLEWOOD AVE YAKIMA BH -804 78 $702 :i9 YAKIMA MANOR 818 W YAKIMA AVE YAKIMA BH -941 36 $324 39 CAMLU RETIREMENT 2800 W VIOLA YAKIMA BH -801 17 $153 APARTMENTS-YAKIMA 39 CENTRAL WASHINGTON 202 N 7TH ST YAKIMA BH -375 12 $108 COMPREHENSIVE MH 39 GOLDEN EAGLE 4901 RANCHO LANE YAKIMA BH -838 11 $99 ** Subtotal ** *** Total *** 174 $1566 **** $121815 STATE OF WASHINGTON RECEIVED JUL 21 1994 DEPARTMENT OF COMMUNITY, TRADE AND E6(9R L MENT FIRE PROTECTION SERVICES DIVISION 4317 Sixth Avenue S.E., P.O. Box 48350. • Olympia, Washington 98504-8350 • (206) 493-2643 July 14, 1994 Dear Fire Marshal: As you may be aware, Governor Lowry has recently approved supplementary budget monies for contracting with local authorities to provide boarding home inspections. Enclosed, please find several important items relating to state licensed boarding homes. We have attempted to identify the authority having jurisdiction on all state licensed boarding homes. Exhibit "A" details those facilities which we believe to be within your authority. The reimbursement rate for the inspection of boarding homes has been set at $9.00, per licensed bed. Exhibit "A" specifies the name and address of the boarding home, along with the number of licensed beds, and the dollar amount allocated for the inspection. In addition to Exhibit "A" and the contract, we have also included: • Fire/Life Safety Hazards Checklist • Overview of Boarding Home Requirements (Residential Group Care Facilities Manual) • Sample Inspection Report and Guide to the Use of State Fire Marshal Form 470 • SFM 470 forms for Inspection Use Please feel free to begin the inspection process utilizing the SFM 470 form. A self-addressed, stamped envelope has been provided in which to return the completed inspection. If you do not wish to enter into a contract with this office to provide boarding home inspections for reimbursement, or if the facilities listed in Exhibit "A" are incorrect, please contract Ellen Tombleson at (206) 493-2650, as soon as possible. Once you have forwarded the signed contract to our office, we will return a copy of the completed contract to you. We look forward to the opportunity of working cooperatively with your agency to assure appropriate fire and life safety surveys of boarding homes. Please feel free to contact us, should we be able to answer any questions or provide further information regarding this project. Sincerely, Steve Nuttall Assistant State Fire Marshal 0