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HomeMy WebLinkAbout5.917 Original Contract "" t WSP No. C080878GSC REVISED INTERAGENCY AGREEMENT BETWEEN STATE OF WASHINGTON WASHINGTON STATE PATROL AND CITY OF PORT ANGELES This Interagency Agreement (Agreement), pursuant to RCW 43 43.960 through RCW 43 43964 (State Fire Service Mobilization) and Chapter 39.34 RCW (Interlocal Cooperation Act), IS made and entered into by and between the Washington State Patrol, hereinafter referred to as "WSP," and City of Port Angeles, a statutorily authorized City within the State of Washington, hereinafter referred to as "City." The purpose of this Agreement IS to provide for the reimbursement of allowable City costs Incurred while ItS assets are mobilized In accordance with RCW 43 43960 through RCW 43 43.964 and the Washington State Fire Services Resource Mobilization Plan (Mobilization Plan). The Mobilization Plan and any subsequent versions adopted pursuant to RCW 43.43.962 are incorporated herein by thiS reference Therefore, it IS mutually agreed that. 1. Mobilization Plan. The Mobilization Plan provides a process to qUickly notify, assemble and deploy fire service personnel and equipment to any local fire Jurisdiction in Washington State that has expended all local and mutual aid resources in attempting to manage, mitigate and control an emergency Incident or situation for the protection of life and property If the City responds with its available assets to an Incident mobilization, both parties shall comply With the procedures detailed in the Mobilization Plan. 2. Period of Performance. The period of performance of this Agreement begins on January 1, 2008 and ends on December 31, 2013 unless terminated sooner as proVided herein 3. Billing Procedures. WSP shall reimburse the City upon the receipt of properly executed claim forms submitted by the City according to the Mobilization Plan. Claims for payment submitted by the City to WSP for costs due and payable under this Agreement shall be paid by WSP If received by WSP within 45 days from the end of each respective fire mobilization 4. Compliance with Civil Rights Laws. DUring the period of performance for this Agreement, both parties shall comply With all federal and state nOndiSCrimination laws 5. Records Maintenance. Both parties shall maintain books, records, documents and other eVidence which suffiCiently and properly reflect all direct and Indirect costs expended by either party In the performance of the services described herein These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal offiCials so authOrized by law Both parties shall retain all books, records, documents, and other material relevant to thiS Agreement for SIX (6) years after expiration, and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials dUring thiS period. Page 1 of 2 '. ) 6. Agreement Management. The work described herein shall be performed under the coordination of Chief Dan McKeen of the City, and Assistant State Fire Marshal Paul Perz of WSP, or their successors. They shall provide assistance and guidance to the other party necessary for the performance of this Agreement 7. Hold Harmless. Each party shall defend, protect and hold harmless the other party from and against all claims, SUitS and/or actions arising from any negligent or Intentional act or omission of that party's employees, agents, and/or authorized subcontractor(s) while performing under this Agreement. 8. Agreement Alterations and Amendments. ThiS Agreement may be amended by mutual agreement of the parties Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 9. Termination. Either party may terminate this Agreement upon thirty (30) calendar days' written notification to the other party. If thiS Agreement is so terminated, the terminating party shall be liable only for performance In accordance With the terms of this Agreement for performance prior to the effective date of termination 10. Appeals of Denied Claims. In the event that WSP denies payment of c1alm(s) submitted by the City under this Agreement, the City may appeal the denial according to the Mobilization Plan The process contained in the Mobilization Plan IS the sole administrative recourse available to the City for the appeal of denied claims 11. Order of Precedence. In the event of any inconsistency In the terms of thiS Agreement, the inconSistency shall be resolved by giVing precedence in the following order: 1. Applicable federal and state statutes and regulations; 2 Terms and Conditions contained in this Agreement 3 Any other provisions of the Agreement, whether incorporated by reference or otherwise 12. All Writings Contained Herein. ThiS Agreement contains all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise, regarding the subject matter of thiS Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed thiS Agreement. For the Washin ton State Patrol For the City of Port Angeles. o Signature Date 10 j J. '3 } of3 Date I I APPROVED AS TO FORM BY THE OFFICE OF THE A TIORNEY GENERAL 2/5/2008 Page 2 of 2 5.Q/7 CHRISTINE O. GREGOIRE Governor JOHN R. BATISTE Chief STATE OF WASHINGTON WASHINGTON STATE PATROL General Administration Building. PO Box 42600 . Olympia, WA 98504-2600 · (360) 596-4000 · www.wsp.wa.gov October 29,2008 Chief Dan McKeen Port Angles Fire Department 102 E. 5th Street Port Angeles WA 98362 Dear Chief McKeen: Subject: WSP Agreement No. C080878GSC, State Fire Mobilization Reimbursement Enclosed with this letter is one fully executed original of the referenced agreement between the Washington State Patrol and your organization. Please keep this original for your records. The Washington State Patrol agreement tracking number is the agreement number referenced above; please use this number on all correspondence regarding this agreement. If you need further assistance, please contact me at (360) 596-4052. Sincerely, CHIEF JOHN R. BATISTE R~~ ~~ffrey R. Hugdahl Budget and Fiscal Services jh Enclosure ~. o