AG 05-192 - - DATE IN: DATE OUT TO:
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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:
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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.
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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.
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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.
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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
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