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RES 85-12 FIRE PROTECTIONRESOLUTION NO. 85-12 A RESOLUTION APPROVING THE 1985 CONTRACTUAL AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT FOR FIRE PROTECTION SERVICES TO STATE FACILITIES. WHEREAS, the Council of the City of Winslow, Washington feel it is in the best interest of providing for the health, safety, and welfare of the citizens of Winslow to enter into an agreement with the State of Washington Department of Community Development for services; and WHEREAS, the 1984 contractual agreement with the State of Washington Department of Community Development was under negotiation until May 16, 1985 on which date it was approved; and WHEREAS, the 1985 contractual agreement with the State of Washington Department of Community Development is an amendment to the above referenced 1984 contractual agreement; and WHEREAS, the laws of the State of Washington allow such agreements, pursuant to KCW 35.21.775, NOW THEREFORE, be it resolved by the Council of the City of Winslow, Washington, as follows: The proposed Department of Community Development Contract for Fire Protection Services to State Facilities for Fiscal Year 1985 is hereby approved; a copy is attached. PASSED BY THE COUNCIL of the City of Winslow, Washington, this 16th day of ~tAY , 1985. ALICE B o TAWRESEY ~ Mayor ATTEST: DONNA JEAN BUXTON CITY CLERK Fiscal Year 1985 Annual Amendment'to l~ire Protection'Contract for State Owned Facilities in City Boundaries. This Fiscal Year 1985 annual amendment to Contract No. FP-8481 entered into by and between City of Winslow (hereinafter referred to as the "COI~-~i~ACTOR''), and the Washington State Department of Community Development, formerly the Planning and Community Affairs Agency (hereinafter referred to as the "DEPARTI,~{T") witnesses that: The DEPART~,T~qT has been appropriated $437,100 for Fiscal Year 1985 from the W~shington State Legislature. The DEPARTM]ENT has completed an annual survey of STate Facilities located in incorporated cities and towns. The Fiscal Ye~_r 19~5 funding under this contract has been allocated in accordance with the requirements of' RCW 35.21.775 and 365.80 WAC. The purpose of this annual contract ~mendment is to provide the CONTRACTOR with its proportional share of the appropriated funds, for Fiscal year 1985, and to provide for a change in the Agency' s n~me to the Department of Community Development. The Following Sections are Amended to Read as Pollows: Th.e Department agrees to pay the apportioned amount of $ 753.00 to the city within thirty days after receipt of ~ent request for services from July 1, 1994 to June 30, 1985. Thereafter, amounts to be paid shall be calculated pursuant to this contract, and RCW 35.21-775 (and regulations adopted pursuant thereto). The City agrees to accept this amount, and the amounts so calculated, as payment for basic fire protection services; provided supplemental agreements as authorized in RCW 35.21-777 may be negotiated. The Department b~ identified the sum of $437,100 as the total appropriation available to fund fire protection contracts with cities during this contract period. Pursuant to WAC 365-80 the Agency shall disburse to the City a portion of the $437,100 equal to the City's percentage share of all State-owned building square footages within all cities statewide as identified in Schedule A FY 1985 which by this reference is made a part of the Agreement and is agreed to accurately state the square footage figures, including estimated levels of construction, from which contract payments are to be calculated. These figures shall be determined annually by the Department pursuant to the provisions of WAC 365- 80. No corrections for additional state facilities will be made in the schedule of payments shown on Schedule A during the current fiscal year.. This annual amendment shall be read in conjunction with the text of the origin~] contract. Each and every provision of the original contract shall remain in full force and effect except as amended herein. In witn~ss~ ~ereof; the DEPE. and the CONTRACTCR have executed this anm~l amendment as of the date and yea~ writ~eff t/elow~ .... Chuck Clarke, Deputy Dir.ector Department of Cornunity Development Cohtractor ~or Date Date Approved as to Form: · As.s~stant Attorney General 2!-Dec-84 JUR/SD!CTION $Q FT ABERDRFN 172,618 ANACOR~ES 36,371 ARLINGTON 4,370 BF/LEVUE 369,464 BRT.r.TNGHAM 2,599,496 BREME2IDN 430,515 BUCKLEY 933,394 BURLL',L'TON 4,900 CAMAS 7,150 CENTRAL/A 225,976 CHEHALIS 207,687 COLFAX 10,313 COLVIT,T a 52,070 COhECtqlYILY 4,586 CONNET,T, 1,910 DAVENFOI~7 10,778 DRP. R PARK 10,196 EDMDNDS 1,250 ~LRCTRIC CITY 23,003 MT.T.k~NSBURG 2,635,141 ElqUM(IAW 22,120 EPHRATA 57,657 EVERETT 346,589 FORKS 1,995 FRIDAY HARBOR 900 GOLDENDALE 2,844 GRANDVISq 2,856 HARR/~L'TCN 860 HCQUIAM 4,663 ISSAQUAH 14,874 KEY,SO 15,588 KENT 27,394 LACEY 24,000 LONG BEACH 1,839 LONGVIEq 277,309 L~ 306,614 MANSFIELD 3,444 telDICAL LAKE 1,362,459 MERCER ISLAND 6,443 MDNi~DE 6,300 FDSES LAKE 3,165 MOUNT VFi~N 205,490 SCHEDULE A FY 1985 N.rCCATION OF FIRE PRfYI~ECTION FUNDS M.rrCATION JURISDICTION $2,140 MUKILTEO 451 NEWizORT i00 NORTH BSND 4581 NO. ~ONNEVF,r,P, 32229 NORTHPORT 5338 OAKESI~r,M 11572 OAK HARBOR 100 OKANCCAN 100 OLYMPIA 2802 OMAK 2575 O.Rg~T,T,R 128 ORTING 646 PASCO 100 PORT ANtaLES 100 PORT ORCHARD 134 PORT TCWNSEND 126 PO(X. SBO 100 PROS SER 285 PUT,TMAN 32671 PUYAT ,T,UP 274 RA_vFCND 715 RENTON 4297 RICHLAND i00 SEATILE 100 SEDPO WODT,T,EY I00 SRrrAH 100 SFET,TON 100 SPOKANE 100 STEVENSON 184 SUNNYSIDE 193 TACOMA 340 TOPPSNISH 298 Tj~f~A~R !00 TWISP 3438 UNION GAP 3801 VANCO07ER !00 W~r.rA WAr,/A 16892 WAShTjCIA 100 WEI~TCHEE 100 WINSLGV i 00 ~DODLA~O 2548 _vAK!MA _T/DLS: sQ FT AT. Tf'CATZ 1,100 *$100 2,360 100 28,692 356 4,869 100 3,462 100 5,130 100 34,393 426 17,917 222 3,679,317 45617 18,148 225 1,200 100 159,439 1977 286,311 3550 168,076 2084 20,500 254 425,112 5271 13,229 164 15,569 193 18,334 227 30,370 377 11,912 148 9,292 115 58,460 725 14,858,909 184224 13,049 162 158,652 1967 15,099 187 1,143,993 14183 7,309 100 1,450 100 342,983 4252 16,649 206 197,034 2443 3,746 100 84,963 1053 912,614 11315 1,303,267 16158 6,937 100 210,468 2609 60,750 753 2,232 lOG 338,569 4198 35,128,456 $437,100 Contract # FPo8481 FIRE PROTECTION CONTRACT FOR STATE-OWN~]D FACILITIES IN CITY BOUNDARTP-~ This contract entered into by the Planning and Cfxtmm~nity Affairs Arjency (hereinafter referred to as the Agency) and the City of Winslow , a municipal corporation organized and operated under laws of the State of Washingf/m, which has State~ed buildings except those leased to non-t~ exempt entities within its corporate territorial limits (hereinafter referred to as the "City") witnesses that: WH~KgAS, the City has historically provided fire protection services to all ~reas within its corporate limits; and WHEREAS, the State c~ned facilities within the City are exempted frcm property ~n_w levies which are the sources of funa~ng the City's costs of fire protection services; WhLFf_AS, contractual agreements between public agencies are peunitted by the Interlocal Corporation Act, Chapter 39.34 RC~4; and WHEREAS, the State desires the benefit of fire protection services as nessary for the ~fety and protecti~ of state personnel and pruperty located within the City's bouDa~vies, pursuant to ~CW 35.21.775; and W~IAS, RCW 35.21.775 provides that the Agency on behalf of the State shall contract with cities and t~s for fi~ protecti~ ~ices for State facilities l~ted in cities and t~s; and WHEREAS, the Agency has adopted WAC 365-80 which provides the crit~ia for such contracts; and W~IEREAS, the Agency has be~ appropriated $419,000 for the 1984 fiscal yer to be expended and distributed to eligib].e cities as payment for fire protection services to State-ov~ed facilities located within the territorial limits of such cities and towns. NOW, T~EREFORE, the Agency and the City agree as follows: The Agency ages to pay the apportioned amo~t of $722.00 to the city within thi~'Ly days after receipt of paym~t request for services from July 1, 1983 to June 30, 1984. Thereafter, amounts to be paid shall be calculated pursuant to this contract, and RCW 35.21.775 (and regulations adopted pursuant thereto). The City agrees to accept this anount, and the amounts so calculated, as paynent for basic fire protection ~ices; pr~ided suUplemental a~ts as authorized in RCW 35.21. 777 may be negotiated. Page 1 of 3 The City agrees to provide continuous fire protection services to State personnel and properties that are located within the City' s corporate territorial boundaries to the extent that manprier and equi[xnent are available, as detelTnined by the Fire Chief. State personnel will cooperate with the City to assure the effectiveness of the City's fire protection services, as described hereinabove, and to facilitate increasingly high quality service. This contract sbzll be effective when executed and shall continue in effect until terminated by one of the parties or by the State Legislature 's determination not to fund its oontinuation. Either party may terminate this Agreement by providing written notice to the other party ninety (90) days prior to the effective date of termination. A termination date may be declared effective thil~y (30) days after notice in the event the City fails to serve as agreed herein, or the Agency fails to pay in accordsrice with this ~reement. In the event this Agreement is termLnated prior to its ~11 term, the City shall not claim. additional consideration for services after the effective terma~ation date except and unless another contract is agreed upon. In the event of termination, t2~ Agenc-y Fay request and the City sP~l] F~eke a refund of the portion of the funds paid proportional to tJ~e portion of the contract period re/naip/ng after the effective termination date. The Agency has identified the sum of $4!9~000 as the total appropriation available to fund fire protection contracts with cities du/ing this contract period. Pursn~smt to ~C 365-80 the Agenc~ shall disburse to the City ~ portion of the $~19,000 equal to tl~ City' s percentage share of all State-owned building square footages withLn all cities statewide as i~entified in schedule A which by this reference is made a part of the Agreement and is agreed to ascurately state the scT~sre footage figures, including estin~ted iecels of construction, frc~ which contract pa~Tents are to he calculated. These figures shall he determined ap_nually by the Agency pursm~nt to the provisions of WAC 365-80. corrections for additional state facilities will be made in the schedule of payments shown on schedule A during the current fiscal year. Payments made to the City under this contract shall be basic fire protection payments. In those cases where separate contracts for additional fire protection funding are negotiated bet%~n the City eund another State agency or agencies, it shall be the responsibility of the City to notify such other State agencies of pa}~_nts received under this contract, and to provide the appropriate credit or offset to such State agency in order that no duplication or over pa]T~nt shall occur. Page 2 of 3 8. Assignment of duties to provide fire protection services to the State by the City in performance of this Agreement is pernLissible. The City shall culFly with all regulations and laws governing discrimd~tion, and shall not discriminate on any basis of racer sex, age, religion, national origin, or physical disability. 10. Delay or failure of the City or the' Agency to exercise any right hereunder, inCludiDg any partial or single exercise Of any right, shall not ba dec--red a waiver of such right or any right hereunder. 11. The parties expressly reserve for themselves the right to ~d this agreement. 12. In the event any term or condition of the Agreement or application thereof to any person or circumstance is held invalid, such invalid/t~y shall not affect other ten~s, conditions or applications cf this Agreen~nt %dlich can ~ given effect without the invalid term, condition or application. To this end t~he temns and conditicns of this Agreement are declared severable. 13. ~is ~ireeneant shall 1~ construed and enforced in accordance with, eund t~.E validity and performance hereof shall be governed by, the laws of the State of Washingtcn. IN W'UTT~IESS ~.~OF, this agreojnent has !~n exec~tec] h,y and on ~half of Ene ~ies hereto, ~ ~11 forc~ ~d effect for the te~n est~]ishi~ by PLANNING k~]D CC~jNITY AFFAIRS By (Title) (Date) CITY OF Page 3 of 3 Jurisdiction Aberdeen Anacortes Bellevue Bell lngham Bremerton Buckley [~rllngton Camas Centra]ia Chehalis Colfax Colvllle Conconul 1 y Cormell Davenport Deer Park Edmonds Electric. 'City Ellensburg Entreelaw Ephrata Everett Forks Friday liarhot Coldendale Grandview Hart ington Hoquiam Issaquah Kelso Kent Long Beach Longview Lynn wood Mansfield Medical Lake Mercer Island Monroe Mo.ses Lake Hount Vernon Mukilteo Newport ;HEDULE A FY 1984 State Fire Protection Coatracts.o~r SCiFe Owned Facilities in City Bounda. Eligible Sq. Ft. Consideration Jurisdiction Eli.~jb__l~_Sq. 172,618 $ 2,052 North Bend 28,692 36,371 432 North Bonneville 4,869 369,464 4,392 Northport 3,462 2,569,714 30,547 Oakesdale 5,130 425,783 5,06I Oak Harbor "2,462 932,2~? 11,082 Ckanogan 17,9!7 4,900 100 Ol~lpia 3,726,671 7,150 100 L~mk 26,036 225,976 2,686 Or'oviile 1,200 243,506 2,895 Orting 159,439 10,313 123 Pasco 286,311 52,070 619 Port Angeles 168,076 4,586 100 Port Orchard 20,5OO 1,910 100 Port Townsend 425,1!2 10,778 128 Poulsbo 13,229 10,196 t21 Prosset 15,569 1,250 100 Pullman 4,800 23,O03 273 Puyallup 30,370 2,635,141 31,324 Raymond 11,912 22,120 263 Renton 9,292 57,657 685 Richland 50,076 346,589 4,120 Seattle 14,824,616 1,995 100 Seclro ~!ley 13,049 900 100 Selsh 158,652 2,844 100 ~nelton 15,099 2,856 100 Spokane 1,143,993 860 100 Stevenson 7,309 4,663 100 ,gunnyside 1,450 14,874 1'77 Tacoma 342,983 15,588 185 Tonasket 1,056 27,394 326 Toppenish 16,649 1,839 1Ck3 'hmwater 197,034 277,309 3,296 Twisp 3,746 306,614 3,645 Union ~p 89,963 3,44~ 100 Vancouver 912,614 1,401,246 16,657 Walla Walla 1,235,433 6,443 IO0 Washtucna 4,000 6,300 100 Wer;atehee 203,347 3,165 109 Winslow 198,540 2,360 Woodland 2,232 1,100 100 YaKima 3731~J_nSL 2,360 100 TOTAL~ 35,10i,956 Consideration S 341 100 100 509 213 44,300 310 l, 895 3,403 1,998 5,053 157 185 100 361 142 111 595 176,223 155 1,886 180 13, '599 100 100 4,077 100 198 2,342 1,069 10,848 14,686 lO0 2,417 722 __ !00 4 436