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Home My WebLink AboutAumock, Tom - 101606Jefferson County Department of Community Development Contract for Fire Code Official and Plan Review Services 1. THIS CONTRACT is made by and between Jefferson County Department of Community Development, hereinafter referred to as «The County n, and Thomas L. Aumock, hereinafter referred to as the c Contractor » . 2. Contractor is an independent contractor and not an agent or employee of County. Contractor has no authority to enter into contracts or agreements on behalf of County. Contractor shall not be precluded from entering into a contract of employment or into another independent service contract provided that the Contractor retains the ability to perform the provisions of this agreement. 3. Contractor: Thomas L. Aumock, dba Aumock Designworks, 2303 Hendricks Street, Port Townsend, Washington 98368, City of Port Townsend License No. 000572 and Washington State UBI No.601 063 395, National Fire Protection Association Accreditation No. 94035N103187P002 as Fire Inspector 11. Contractor warrants and represents that Contractor is in compliance with all federal, state and local laws regarding business permits, professional requirements and licenses that may be required to perform the work as set forth in this Agreement. 4. The Contractor will provide the services as set forth in the Contractor's attached Scope of Work, which is incorporated as part of this contract and specifies the duties and responsibilities of the Contractor. All changes during the contract period must have written approval of the Director of the Department of Community Development. 5_ This contract is effective on the date of mutual execution of the partes and shall remain in effect until terminated in accordance with the termination provisions herein. 6. The Contract may be terminated by either party without cause, upon thirty [30] day written notice, in which event all finished and unfinished work products, reports or other material , or work of the Contractor shall be submitted to the Department of Community Development Director. 7. All rights and obligations of the parties to this contract shall be subject to and governed by the terms and conditions contained in the text of this contract and the contractor's work program, which is hereby incorporated as part of this contract. 8. The County shall pay the contractor for the stipulated services as follows: a. Hourly rate of $50.00 per hour in accordance with this contract and the Scope of Work, and, b. Contractor will control and direct the manner and means by which the services are to be performed. However, the work hours are not to exceed an average of 25 hours per month for the duration of the contract, provided the terms of this contact and the Scope of Work have been met and approved by the Director of the Department of Community Development. 9. Contractor shall not be treated as an employee with respect to the services performed pursuant to this Agreement for federal or state tax purposes. Contractor understands that Contractor is responsible for complying with all federal, state and local tax laws, Social Security and Medicare contributions relating to compensation under this Agreement. 10. Any additional services provided by the Contractor shall have prior written approval of the Director of the Department of Community Development. 11. The Contractor shall submit invoices monthly, by the 5th of each month, together with an approved time log/ tracking spreadsheet. When requested or necessary, the Contractor is to provide a written and/or vernal report to the Director of the Department of Community Development on the status of the work program. 12. All billing and documentation shall be submitted to the administration office of Jefferson County Department of Community Development. 929/2006 13. Payment to the Contractor shall be made within thirty [30] days. The Director of the Department of Community Development, for cause, may wbold payments owed the contractor for services rendered if it is shown that the Contractor failed to satisfactorily comply with any terms or conditions of this contract ` and the Scope of Work, and shall notify the Contractor in writing prior to implementation of this provision. Notice of any late payment schedule by the County shall be provided to the Contractor. 14. If any provision of this contract shall be deemed in conflict with any statute or rule of law, such provision shall be deemed modified to be in accordance with said statute or rule of law. 15. The Scope of Work, contains all the terms and conditions agreed upon by the parties. No other understanding, oral, or otherwise, regarding the subject matter of this contract shall be deemed to exist or bind either of the parties. 16. Each of the parties shalt, at all times, be solely responsible for the acts or the failure to act of its personnel that occur or arise in any way out of the performance of this Agreement by its personnel only and agree to save and hold the other party and its personnel and officials harmless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of the party's personnel relating to the performance of this Agreement. 17. In the performance of the Agreement, Contractor may have access to certain confidential information. Contractor agrees to protect confidential information of County against any unauthorized use or disclosure. Without limitation of the foregoing: a. Contractor will use such confidential information solely for the purposes of fulfilling the job requirements; b. Contractor will disclose such confidential information only to those employees, agents and other representatives who have a need to know the same and who understand and acknowledge their obligation and willingness to preserve and hold such confidential information in strict confidence; c. Contractor will not copy or authorize the copying of any document containing such confidential information, except as authorized by the Director. 18. Any amendments or changes to this agreement must be mutually agreed to by both parties and made in writing to become attached hereto. SCOPE OF WORK 9%19/2006 The Scope of Work for a consulting Fire Code Official program conducted by the Contractor is to conduct fire and life safety plan reviews and consultation, inspection of facilities located within the Jefferson County pursuant thereto, and provide formal reports there -from, including reviews of building permit pre - applications, development permits, and civilian consultation requests. The Contractor is to provide assistance and reports to the Development Review Division (DRD) relative to SEPA, MLA, pre -application meetings, as requested or assigned. The contractor is to provide consultation to the Director of the Department, Development Services Manager, Building Official, and inspectors, as requested, relative to Code matters coming under the jurisdiction of the Consulting Fire Code Official. Speck tasks include: 1. Plan and Pennit Review Pre -Application Plan Review Consultation The Jefferson County Department of Community Development will initiate plan reviews by formal contact with the Contractor. All plan and permit reviews are to be completed by the Contractor in a timely manner and as stipulated by the Building Official. Included in this function will be citizen consultations for Code purposes and telephone contacts. The Department of Community Development may direct the Contractor to provide fire and life safety inspections that may require an inspection report. The Contractor is to provide assistance and reports to the Planning and/or Public Works Divisions relative to SEBA, MLA, pre -application meetings, and access standards, as requested or assigned. The contractor is to provide consultation to the Director of the Department, Development Services Manager, Building Official, and inspectors, as requested, relative to Code matters coming under the jurisdiction of the Department. �. 2. Inspection The Contractor shall perform an on-site inspection of designated building[s] or projects at the direction of the Department of Community Development, or at the formal request of building owners with bone fide Fire Code issues or permitting requirements when approved by the Building Official or Plans Examiner[s]. The inspections shall be based the current edition of the International Fire Code, and the International Codes, as amended by the Washington State Building Code Council, and as adopted by Jefferson County, and the National Fire Code Standards of the National Fire Protection Association. Fire and life safety inspection includes examination of automatic fire sprinkler systems, automatic fire alarm systems, child care facilities and other state licensed facilities, using Agency approved inspection and certification checklists. 3. Re -inspection The contractor will be responsible for re -inspections when hazards are not corrected within the designated time frame using the County's normal compliance procedures. If hazards have still not been corrected, all documentation shall be turned over to the Director of the Department of Community Development, Development Services Manager, or Building Official for enforcement/compliance coordination with the County's code enforcement officials. 4. Plan_ & Permit Documentation and Inspection Reports Plan review reporting shall be in a format approved by the Department of Community Development. 5. Prowect Tracking Spreadsheet The contractor shall prepare a monthly project tracking spreadsheet listing the Contractor's billable activity. 6. Contractor Supervision and Oversight The Building Official is the designated program supervisor and responsible for reviewing and approving all work performed. The Building Official will work with the Contractor to clarify the scope of work and review 9292006 work products. The Department of Community Development shall contact the Contractor when there is a questionable or disputed billable activity of the Contractor, and the Contractor shall provide additional documentation when necessary for resolution. 7. Ownership and Custody of Records The Department of Community Development shall retain all ownership and custody of records produced under the Scope of Work, and the Contractor shall receive duplicate copies as necessary. 8. Contract Amendments or Changes Any amendments or changes to this agreement must be mutually agreed to by both parties and made in writing to become attached hereto. IN WITNESS WHEREOF: Jefferson County and the Contractor have signed this contract on the date noted: JEFFERSON COUNTY Phil JohPsQM Ch irrn,�n Date ' c,r 1 C, I-� AttestlAuthenticated: Julie Matthes, CMC Deputy Clerk of the Board 9!29!2006 CONTRACT SERVICE PROVIDER Thomas umock Da# Approved as to Form Only: j o David Alvarez, Deputy Prosecuting Attorney