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AG 05-192 DATE IN: DATE OUT TO: • CITY OF FEDERAL WAY LAW DEP ENT NNED REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: c:a$ 2. ORIGINATING STAFF PERSON: NK. N k$2-I•IAt EXT: 2-4.2-0 3. DATE REQ.BY: 4. TYPE OF DOCUMENT REQUESTED(CHECK ONE) ❑ PROFESSIONAL SERVICE AGREEMENT 0 SECURITY DOCUMENT(E.G.AGREEMENT& ❑ MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND;ASSIGNMENT OF FUNDS IN LIEU OF BOND) ❑ PUBLIC WORKS CONTRACT 0 CONTRACTOR SELECTION DOCUMENT ❑ SMALL PUBLIC WORKS CONTRACT (E.G.,RFB,RFP,RFQ) (LESS THAN$200,000) 0 CONTRACT AMENDMENT AG#: 05, /w/. . ❑ PURCHASE AGREEMENT) 0 CDBG (MATERIALS,SUPPLIES,EQUIPMENT) �B'6THER ❑ REAL ESTATE DOCUMENT 5. PROJECT NAME: F w F I(2-E bixT Ta IR-w cr4 6. NAME OF CONTRACTOR: ADDRESS: TELEPHONE SIGNATURE NAME: TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT ❑ INSURANCE CERTIFICATE ❑ DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: ( I c 6 COMPLETION DATE: 1^1/A 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARG ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:0 CONTRACTOR❑CIT 10. CONTRACT REVIEW INITIAL/DATE APPROVED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT ❑ LAW 11. CONTRACT SIGNATURE ROUTING INITIALVTE APPROVED INITIAL/DATE APPROVED Pi..,AW DEPARTMENT /I 212-246 [ CITY MANAGER " `� (2.122/e5- LJTY CLERK {,4 IZ 2-z/6� _ `SSI N COPY BACK TO OR/GINATING DEPT. - (4P-360 IGNED AG# ❑ PURCHASING: PLEASE CHARGE TO: COMMENTS Goom.e ex.) 121o(e(Z O S a,4 ?2v-(.:EnST 07/05 • 411 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SOUTH KING FIRE AND RESCUE, RELATING TO DEVELOPMENT REVIEW PROCESS AND THE ENFORCEMENT OF THE INTERNATIONAL FIRE CODE. THIS AGREEMENT is made and entered this date by and between South King Fire and Rescue, a political subdivision of the State of Washington (hereinafter referred to as the "District") and the City of Federal Way, a non-charter optional municipal code city, incorporated under the laws of the State of Washington (hereinafter referred to as the "City"). n and a series of safetycodes having the City has adopted land use regulations to do with the building, maintenance, and use of structures and their occupancy, including the International Building Code (IBC) and the International Fire Code (IFC), and WHEREAS, the District has a fully functional Fire Prevention Division, staffed with trained personnel that regularly conducts fire code safety inspections and plan review in an area that includes the City, and WHEREAS, the District has provided fire code safety inspections for the City since the City was incorporated in 1990 through an Interlocal Agreement entitled THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND KING COUNTY FIRE PROTECTION DISTRICT NUMBER 39, RELATING TO DEVELOPMENT REVIEW PROCESS AND THE ENFORCEMENT OF THE UNIFORM FIRE CODE ("1990 Interlocal"); and WHEREAS, the 1990 agreement was terminated in December 2001 by mutual agreement of the parties and a vote of the Council and replaced with an updated Interlocal Agreement entitled THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY FIRE DEPARTMENT,RELATING TO DEVELOPMENT REVIEW PROCESS AND THE ENFORCEMENT OF THE UNIFORM FIRE CODE. WHEREAS, the parties to the interlocal agreements referenced above wish to terminate that agreement in order to update various provisions as set forth in this Agreement, NOW THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39.34 RCW, the City and the District agree as follows: In consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and the District as follows: 1 • • 1. The District will appoint a representative(s)to participate in the City's development review process. This will include such items as Site Plan Review process, Community Development Review Committee, Pre-Construction conferences, and code enforcement. The City will advise the District in a timely manner of meetings that require their attendance. 2. The District will carry out the intent of the International Fire Code(IFC) for the City by conducting inspections, investigations,performing plan review, and maintaining a Fire Prevention Division. All references to the UIFC in this document refer to the 2003 IFC as it now exists or as is hereafter amended. Inspections of existing occupancies will be conducted as follows: a. Inspections are to be performed as per section104 and Section 105 of the IFC as presently constituted or subsequently amended. b. Inspections in accordance with Section 104 and 105 shall be conducted at least one time during every two-year period, except Group A and H occupancies, which shall be inspected on an annual basis. In all cases the inspections are to be conducted in a regularly scheduled manner. c. The District will serve written notice of violations of the UIFC to the property and/or business owner as is appropriate. Such notice will include all of the following: Date of Inspection; Nature/Extent of Violation; Code Citation; and Action(s) Required to Correct In the event that inspection reveals a code violation or violations which constitutes a fire- and/or life-safety hazard, as described in the code, the notice will include direction to the property and/or business owner to cease operation of equipment or use of the area that is found to be unsafe, until the code violation is corrected. Re-inspection of failed inspections will be conducted not more than 30 calendar days after the initial inspection. The thirty-day limit may be exceeded if so doing does not endanger persons occupying or accessing the occupancy and the fire inspector sets and documents in writing a date certain for re-inspection. d. If compliance is not achieved after the first re-inspection, a second written notice will be served. e. If after a second re-inspection for violation, a non-compliance still exists, then the Fire Marshal shall confer with the Building Official and jointly prepare the enforcement action. 2 • • f. At the time of the first inspection, Fire Department Inspectors will determine if a valid permit is held by occupancies requiring a permit, pursuant to IFC section 105. If a valid permit is not held,the inspector will take appropriate action to inform the occupant of the local requirements. g. Notwithstanding the foregoing, immediate enforcement and or other actions may be undertaken by the City in lieu of warnings or reinspections if to do so is necessary to comply with applicable law or for other circumstances as determined by the City. The District shall refrain from performing any of the services specified in this paragraph upon request by the City. 3. The District will conduct Fire Investigations in conformance with the IFC and other local, state or federal regulations. Fire investigators will advise the City's Building Official of structure fires as soon as possible but no later than the conclusion of the initial investigation, and prior to any work being done by a contractor to repair fire damage. All investigations involving the crimes of arson or mischievous burning are to be conducted and the appropriate police agency notified. This does not preclude any coordination or cooperation of any other appropriate agency. 4. A copy of plans submitted to the City for building construction and/or alteration will be submitted to the District for review. Generally, the District will be responsible for determining: a. Fire hydrant locations. b. Locations of Fire Department connections for standpipes and sprinkler systems. c. Key box locations and approvals. d. Fire flow availability in areas where the Water/Sewer District does not have sufficient information e. Road access to property and buildings for fire fighting purposes, including designating fire lanes. f. Fire sprinkler and fire alarm modifications. 5. The District will review plans for Automatic Fire Suppression Systems and Fire Alarm and/or Detection Systems. Associated electrical installations will be reviewed and permitted separately by the City. 6. The District will assist the City as necessary, to perform field inspections during various stages of construction on new and renovated buildings. 7. The District will be responsible for witnessing tests of Automatic Fire Suppression Systems and Fire Alarm and/or Detection Systems. Such tests are to be performed by the installer. 3 • 8. The City and the District will jointly conduct final inspections of new buildings. 9. For such assistance of enforcing the codes and ordinances as adopted by the City, the City agrees to pay the District on a quarterly basis as follows: a. For assistance with plan review and inspection of buildings classified as Group A, B, E, F, H, I, M, R1, R2, R4, and S Occupancies as set forth in the IBC, the Fire Department Plan Check Fee collected pursuant to the International Fire Code Fee Resolution as adopted by the City. b. For assistance with plan review and inspection of Automatic Fire Suppression Systems and Fire Alarm and/or Detection Systems, the Fire Department Plan Check Fee and the Fire Department Permit Fee for such systems collected pursuant to the International Fire Code Fee Resolution as adopted by the City. 10. The District will review applications and perform field inspections of public fireworks displays to ensure compliance of applicable State and City laws. 11. The Chief of the District or the Chief's designee, and the City Manager or the Manager's designee shall administer this agreement. 12. (a) The City is contracting with the District to obtain the expertise, which the District acknowledges, and warrants its personnel possess. The employees of the District performing services under this Agreement shall, under no circumstances, be construed as being employees of the City. The District, with respect to the services provided by the District pursuant to this Agreement,hereby agrees to indemnify, defend and hold the City harmless from any and all claims for personal injury,property damage or other claims of any nature whatsoever arising out of the acts, omissions, or performance of any of the District's personnel in carrying out services contracted to be provided under this Agreement. Said agreement of indemnification shall include indemnification by the District of the City for any claims for injuries made by the District's agents or employees against the City, not withstanding any immunities that might otherwise have been available to the District by virtue of the Workman's Compensation Act, Title 51 RCW. (b) The City, with respect to this Agreement, hereby agrees to indemnify, defend and hold the District harmless from any and all claims for personal injury, property damage or other claims of any nature whatsoever arising out of the acts, omissions, or performance of any of the District's personnel in carrying out services contracted to be provided under this Agreement. 13. The 2001 Interlocal, as identified in the recitals of this Agreement, is hereby terminated as of the date of this Agreement. 4 • S 14. Either party may terminate this Agreement upon sixty(60) days written notice unless a shorter period is mutually agreed upon the by the parties. Paragraph 12 of this Agreement shall survive termination. 15. Any notices required to be given by the City or by the District shall be delivered to the Parties at the addresses set forth below. City: District: City Manager Fire Chief/Administrator City of Federal Way South King Fire and Rescue 33325 8th Ave South 31617 1st Avenue South P. O. Box 9718 Federal Way, WA 98003 Federal Way, WA 98063-9718 16. Filing of Agreement. This Agreement shall be filed with the City Clerk of each municipality and the King County Auditor as required by law. The foregoing items are not intended to be all-inclusive,but to demonstrate intent of a cooperation needed to comply with the codes and goals of the City and the District. IN WITNESS THEREOF, the parties have executed this Agreement. Y: DISTRICT: LALf Da d H. ' oseley, City Mana:,r • - ' - - •-f/A. 'nistrator Date: I 7ij?1'i/�°� Date: "/11-272....COS Attest: aulef .6ithot Laura Hathaway, City Clerk Date: 14 o` 45 5 i i Approved as to Form: MAA 4(SL_Kjk -6/ Patricia A. Richardson, City Attorney Date: I Z 2t 05 K:\lawdept\FW Fire Dept Dev Review 6