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