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HomeMy WebLinkAbout4580 Resolution - ILA - Hanford Mission Integration Solutions Service Agreement Resolution - Service Agreement for Use of the Emergency Vehicle Operations Course - 1 RESOLUTION NO. 4580 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A SERVICE AGREEMENT BETWEEN HANFORD MISSION INTEGRATION SOLUTIONS AND THE CITY OF PASCO FOR USE OF THE EMERGENCY VEHICLE OPERATIONS COURSE. WHEREAS, the City of Pasco, Washington (City) is committed to ensuring officers receive high-quality training, including critical emergency vehicle operations training that promotes officer and public safety; and WHEREAS, the City has utilized the Emergency Vehicle Operations Course (EVOC) at the Hanford Patrol Training Academy for more than a decade, demonstrating a successful and beneficial partnership between the City and Hanford Mission Integration Solutions (HMIS); and WHEREAS, the Service Agreement between the City and HMIS formalizes the continued use of the EVOC facility, providing necessary space, equipment, and instructional support for officer training; and WHEREAS, this longstanding partnership ensures that the police department maintains high standards in emergency vehicle operations, benefiting both officer safety and the safety of the public; and WHEREAS, the terms and conditions governing the use of the facility, safety protocols, scheduling, and liability are outlined in the Service Agreement, attached hereto as Exhibit A; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the Service Agreement with Hanford Mission Integration Solutions for use of the Emergency Vehicle Operations Course. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Service Agreement between Hanford Mission Integration Solutions and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Interim City Manager, or his or her designee, of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Agreement. Resolution - Service Agreement for Use of the Emergency Vehicle Operations Course - 2 Be It Further Resolved, that the City Council of the City of Pasco hereby delegates authority to sign any future extensions of said Agreement to the City Manager, or his or her designee. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this 17th day of March, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Service Agreement for 2025 CRF 6252 With Pasco Police Department For the use of the Patrol Training Academy’s Emergency Vehicle Operations Course THIS AGREEMENT, effective this 1st day of January 2025, is made by and between HANFORD MISSION INTEGRATION SOLUTIONS, LLC ("HMIS"), prime contractor to the UNITED STATES DEPARTMENT OF ENERGY, RICHLAND OPERATIONS OFFICE ("DOE"), a Department of the United States of America (Government) and Pasco Police Department (“Customer”). HMIS has been authorized by DOE to furnish to Customer certain equipment, services, and/or staff for training purposes (hereinafter referred to as the "Activity"), pursuant to the Hanford Mission Essential Services Contract Number 89303320DEM000031. SCHEDULING Customer understands and agrees (i) that the Activity is subject to the priority of the DOE on a not-to- interfere basis; and (ii) that DOE, through its facility administrator HMIS, has sole responsibility and discretion for allocating and scheduling use of the equipment, services, and/or staff needed for or involved in the Activity. SAFETY AND HEALTH HMIS/HAMMER will provide a hazard analysis for the course as required for training on the HAMMER campus. All participants will comply with the requirements of the Training Activity Hazard Analysis. All participants (both HMIS and Customer) will comply with all DOE Hanford Site and HMIS/HAMMER safety and security protocols, including but not limited to any event specific safety plan associated with provided training activities. All participants will follow the local county and DOE requirements based on the Center for Disease Control for COVID-19. Requirements will be communicated prior to arrival based on infection rates in the county for the time of the training. SHIPMENT SAFETY Customer shall ensure that all shipments made to the Hanford site in performance of this Subcontract are packaged and loaded for safe handling and unloading. Deliveries to the Hanford site or HMIS- controlled facility may be refused and/or unloading work stopped by any DOE or HMIS employee for unsafe conditions or practices. Customer is responsible for ensuring that they and all lower-tier subcontractors have the appropriate DOT certificates, paperwork, and signage. HANFORD SITE DATA AND FACILITY ACCESS Both parties mutually agree that all applicable requirements will be met associated with data usage, transfer and facility access. This includes but is not limited to the adherence of each entity’s control regarding electronic data management. In addition, usage of personnel meeting the DOE definition of “Foreign National.” HMIS requires at least fourteen (14) day notice to ensure additional DOE requirements are met in the event that a Foreign National will have access to DOE data, will be involved with a Site visit, or is participating as a classroom training. At least seven (7) day notice is required in advance of other on-site visits and/or activities. CONTROLLED USE INFORMATION As contemplated by the description of services and associated documents, both parties agree that no information or data subject to DOE Order requirements relating to Official Use Only, UCNI, classified Exhibit A information or otherwise restricted DOE information will be exchanged or otherwise referenced in the development of training materials. CONFIDENTIALITY OF DATA As contemplated by the description of services and associated documents, both parties agree that no information or data that is confidential, proprietary, or otherwise restricted is required to perform the services and training described. However, in the event such information is required for training development, both parties mutually agree it will not discuss Confidential or otherwise restricted data directly or indirectly, under any circumstances to any third party without the express written prior consent of the affected party. INSURANCE It is the policy of the U.S. Department of Energy and HMIS not to pay for insurance against loss, damage, or destruction of government property. Contractor shall not under any circumstances charge back insurance costs to Buyer. WORKPLACE SUBSTANCE ABUSE PROGRAM HMIS is subject to 10 CFR 707, Workplace Substance Abuse Programs at DOE Sites, HMIS expects Contractor adhere to the requirements of the referenced order to the extent applicable to the services under this Agreement. PROPERTY The Government shall retain title to all Government-furnished property. Title to Government property shall not be affected by its incorporation nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property. The Contractor shall not be liable for loss of Government property furnished or acquired under this contract except when one of the following applies: risk is covered by insurance; loss is the result of willful misconduct or lack of good faith on the part of Contractor’s managerial personnel; and/or the DOE Contracting Officer has, in writing, revoked the Government’s assumption of risk for loss AUTHORITY, ADMINISTRATION, AND TRANSFER It is understood and agreed that this Agreement is entered into by HMIS in its role as prime contractor to DOE and that (i) HMIS is authorized to and will administer this Agreement for DOE; (ii) administration of this Agreement may be assigned by a contractual agreement between DOE and HMIS which determines their role in the administration of training at this facility or its designee upon written notice to Customer; and (iii) in case of such assignment and notice thereof to Customer, HMIS shall have no further responsibility hereunder. LIABILITY AND INDEMNITY A. Neither the Government nor DOE and its agents, employees, or contractors (including HMIS) or other persons acting on their behalf, including officers, directors, officials, representatives, employees, staff, and subcontractors will be responsible for any personal injury or damage to or destruction of property of any kind whatsoever resulting from the furnishing of and use by Customer of equipment, material, and/or staff under this Agreement, unless directly resulting from the negligence of the Government, DOE, or agents or persons acting on their behalf, consistent with the Washington Comparative Fault Statute (R.C.W. 4.22 et seq.). B. Neither the Government, nor DOE and its agents, employees, or contractors (including HMIS), or, and other persons acting on their behalf, including officers, directors, officials, representatives, employees, staff, and subcontractors will be responsible, irrespective of cause, for failure to furnish any equipment, material, and/or staff under this Agreement at any particular time or in any particular manner when the interests of the Government preempt any schedule. C. Customer shall give notice to HMIS as soon as practicable of any claim made against the Government, DOE, or their agents or other persons acting on their behalf and/or Customer and afford them the opportunity, to the extent allowed by applicable laws, rules, or regulations, to participate in and control their defense. Customer shall provide reasonable assistance and information to the Government, DOE, HMIS, and their agents and other persons acting on their behalf to support their defense. ENTIRE AGREEMENT This Agreement constitutes the entire contract between the parties and supersedes any other promises, agreements, or written correspondence. This Agreement cannot be amended, and no provision can be waived except by an instrument in writing duly executed by each of the parties. AUTHORITY, ADMINISTRATION, AND TRANSFER It is understood and agreed that this Agreement is entered into by HMIS in its role as prime contractor to DOE and that (i) HMIS is authorized to and will administer this Agreement for DOE; (ii) administration of this Agreement may be assigned by HMIS to DOE or its designee upon written notice to Customer; and (iii) in case of such assignment and notice thereof to Customer, HMIS shall have no further responsibility hereunder. STATEMENT OF WORK The EVOC Training Center at Hanford Patrol Training Academy will provide access to the classrooms and props during scheduled times made between PTA EVOC Program manager and Pasco PD for the following price per day: Please see attached estimate. *DailyRate $348.27 *For MOU Customers: There is no charge for the use of the EVOC per the DOE-RL-94-02, Hanford Emergency Management Plan, Memorandum of Understanding (MOU) for Mutual Law Enforcement Assistance agreement. DAMAGE POLICY Per the Washington Comparative Fault Statute (R.C.W. 4.22), parties are responsible for personal injury and property damage they may cause during the use of HAMMER and/or the Patrol Training Academy. DESIGNATED REPRESENTATIVES AND NOTICES Prior to commencement of the Services, each Party shall designate a representative authorized to act on its behalf, shall advise the other Party in writing of the name, address, and telephone number of such designated representative, and shall inform the other Party of any subsequent change in such designation. All communications to Company and HMIS relating to the Contract shall be communicated through such designated representatives. Any Notice required to be delivered under the terms of this Master Contract shall be delivered to the representative of the other Party as designated below. In addition to providing Notice to the company, HMIS shall provide the participating Affiliate about which the Notice pertains, a copy of the same addressed to the representative as set forth on Exhibit D. Additional Affiliates, which may elect to participate in and under this Master Contract after the effective date hereof, shall notify Consultant of the proper representative and address for forwarding Notices required hereunder. All Notices shall either be: (i) hand delivered; (ii) deposited in the mail, properly stamped with the required postage; (iii) sent via registered or certified mail; or (iv) sent via recognized overnight courier service. The Parties’ addresses for purposes of Notice shall be as set forth below and for Affiliates, as listed on Exhibit D. If to Company: If to Consultant: Attention: Attention: Email: E-mail: Telephone: Telephone: Either Party may change the name or address of the designated recipient of Notices by delivery of a Notice of such change as provided for in this Article. INSURANCE Both Parties acknowledge and agree that they shall procure at their own expense and maintain insurance policies and coverage reasonable, appropriate, and applicable to the services being delivered under this service agreement. Prior to commencement of work, the Parties shall exchange satisfactory evidence of insurance coverage, unless waived in writing. If such applicable insurance or materially changed with respect to the scope of the services described, the affected party must notify the other immediately and in writing. TERMINATION/CANCELLATION POLICY Either party may terminate this Agreement for any reason at any time by giving not less than 14 days prior written notice to the other party; provided, however, that DOE reserves the right to immediately terminate this Agreement without regard to the aforesaid written notice when termination of this Agreement is determined to be in the best interests of the Government. Termination shall be without prejudice to the rights of either party. Upon such termination, Customer shall pay to HMIS for all Services satisfactorily performed by HMIS as of the date of termination. Customer shall be responsible for any shipping and/or handling charges associated with return of Customer-owned equipment received at the HAMMER facility. APPLICABLE LAW AND VENUE In the event of any matter or dispute arising out of or related to a Contract, it is agreed between the Parties that such Contract shall be interpreted in accordance with the substantive and procedural laws (including statute of limitations provisions) of the State of Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date and year first written above. CUSTOMER HANFORD MISSION INTEGRATION SOLUTIONS __________________________________ ______________ _____ Signature Signature __________________________________ Mick Thompson______________ Name (print) Name (print) __________________________________ PTA EVOC Program Manager Title Title __________________________________ _______________ __________ Date Date __________________________________ _ __ Phone/Email Phone/Email Pasco Police Department EVOC Program Manager: 215 W. Sylvester St. Captain Mick Thompson Pasco, WA 99301 509-376-4686 Office 509-545-3421 509-366-1431 Cell M_J_Mick_Thompson@rl.gov MICHAEL THOMPSON (Affiliate) Digitally signed by MICHAEL THOMPSON (Affiliate) Date: 2024.12.12 18:36:29 -08'00' 12/12/24 ATTACHMENT A: MISCELLANEOUS PROVISIONS STOP WORK RESPONSIBILITY – ON-SITE WORK A. Every Buyer and Subcontractor employee has the responsibility and authority to stop work IMMEDIATELY, without fear of reprisal, when they are convinced, a situation exists that places himself/herself, coworker(s), or the environment in danger or at risk per DOE-0343, "Stop Work." 1. Any employee who reasonably believes that his/her safety is in jeopardy, or who is convinced a situation exists that places themselves, their coworker(s), or the environment in danger, is expected to refuse work without fear of reprisal by management or coworkers, and is entitled to have the safety concern resolved prior to participating in the work. 2. Employees are expected to report any practice or condition they believe presents an unacceptable risk. Notification should be made to the affected worker(s) and then to the supervisor or his/her designee, at the location where the practice or condition exists. After notification, resolution of the issue resides with the responsible manager. 3. The BTR shall also be notified when a Stop Work affects the Subcontract staff and the performance of work. The direction to resume work will be made in writing from the BTR. B. The Subcontractor shall provide for the flow-down of appropriate requirements of this clause to lower-tier subcontractors performing work on-site at a DOE-owned or leased facility. Such Subcontracts shall provide for the right to stop work under the conditions described herein. ATTACHMENT B: PROHIBITED ARTICLES Subcontractor’s employees shall not personally carry, or otherwise transport or transfer, certain items onto the Hanford Site or any DOE-owned or leased facility, or off the Site proper at which the Subcontractor is performing work under this Subcontract. A. The following items are prohibited articles anywhere on site or in site-associated facilities (to include vehicle parking areas and pedestrian walkways): 1. Pets and animals (guide dogs are permitted). 2. Weapons as defined in RCW 9.41.270. 3. Alcoholic beverages – Includes any intoxicating beverage, liquor or other product containing alcohol, including "near" and "non-alcoholic" beer and "energy drinks" which identify alcohol as an ingredient. 4. Controlled substances and drug paraphernalia (prescription drugs are permitted in the original container). 5. Explosives or incendiary devices (road flares are permitted). 6. Any article prohibited by law. 7. If Subcontractor, or any of its employees, needs to use a prohibited item to meet a requirement of this Subcontract, Subcontractor shall contact Buyer for guidance in acquiring the necessary prohibited/controlled article pass. 8. Subcontractor’s employees and their vehicles, packages, or other types of containers are subject to a search for prohibited articles at any time while performing work on the Hanford Site or in any DOE owned or leased facility located off the Site proper. Prohibited articles found in the possession/control of Subcontractor’s employees which are not listed on a valid prohibited/controlled article pass may be confiscated. Statement of Work FY 2025 Law Enforcement EVOC Training at Hanford Patrol Training Academy (PTA) All Vehicles General All vehicles used at the EVOC shall be police or law enforcement vehicles; no private vehicles authorized. Any reference to vehicles means police vehicles. Deliverables Hanford Patrol Training Academy will: As requested by the PTA EVOC Program Manager (PM), in HFACTS complete and submit a Customer Requirements Form (CRF) to reserve the EVOC skills pad, track and trailer for the training dates agreed to by the PTA EVOC PM and the Law Enforcement Customer’s Point of Contact (LE POC). Prepare and submit required contracting documents (e.g., Service Agreement and a Cost Estimate) to the LE POC and others, if/as required. Give copies of any required documents to the LE POC for review and approval. Ensure paper copies of the aforementioned documents are maintained on file, including those that have been signed (approved) by the LE POC. The Hanford PTA will: Unless pre-approved by the Commandant, PTA, allows only one agency at a time to use the EVOC. Confirm the LE POC wants his/her department personnel trained to the PTA’s approved EVOC lesson plan1 and not to a variation of same, e.g., one that has been modified, tweaked, revised or otherwise changed. Confirm the LE EVOC Instructors are certified for the type of vehicles the agency will bring to the training. Ensure only vehicles authorized for use on EVOC by Hanford PTA are used during the training event. Have the EVOC PM reserve the EVOC skills pad, track and trailer for the training dates agreed to by the PTA EVOC PM and the LE POC. Complete and submit/file the required HAMMER approval paperwork. Provide the LE Customer’s personnel access to the EVOC classroom and props as scheduled. Provide the initial PTA/EVOC facility training/safety briefing/orientation to EVOC LE POC before training commences. Provide certification and recertification of LE POC EVOC instructors (Certification is per the Washington State Criminal Justice Training Center Requirements for EVOC Instructors). 1 All PTA lesson plans are required to be reviewed and approved by the Hanford Patrol Protective Force Safety Organization to ensure the training can be conducted in compliance with applicable hazard analysis (reference SAS-7321, Hazards Analysis Procedure) and PTA facility, training, safety and environmental requirements. Ensure training conducted per the PTA’s approved EVOC lesson plan. LE Customer POC will: Submit the EVOC training request to the PTA EVOC PM and confirm department personnel are to be trained to the PTA’s approved EVOC lesson plan and not to a variation of same, e.g., one that has been modified, tweaked, revised or otherwise changed. Upon receipt of required contracting documents (e.g., Contract Service Agreement), review and approve (sign/date) if acceptable then return them to the HAMMER LE PM. If not acceptable, work with the PTA EVOC PM and/or the HAMMER LE PM to resolve the issue(s). Ensure that department personnel who are to be trained complete the PTA/EVOC facility training/safety briefing/orientation before training commences. Ensure department personnel are trained in accordance with the PTA’s approved EVOC lesson plan. During the period of his/her department’s EVOC reservation, deny EVOC use to other external agencies unless prior approval is granted by the Commandant, Hanford Patrol Training Academy. Will ensure that their EVOC instructors recertify every two years or sooner as needed. Will ensure PTA approval for any vehicles not previously authorized for use at the EVOC. Contacts: HMIS Tech POC: Mick J. Thompson (509) 376-4686 - Office (509) 366-1431 - Cell m_j_mick_thompson@rl.gov