Loading...
HomeMy WebLinkAboutColumbia Basin Dive and Rescuer EMERGENCY RESCUE, SEARCH AND RECOVERY SERVICE JU;v 1 1 2015 THIS AGREEMENT is made and entered into by and between Columbia Basin Rescue, a non-profit Washington corporation, hereinafter referred to as "CBDR," and City of Pasco, cal c` subdivision of the State of Washington, hereinafter referred to as the "Agency." OF PO WITNESSETH: WHEREAS, Columbia Basin Dive Rescue is a non-profit 501(c)(3) entity incorporated in 1974 for the purpose of providing water rescue, search and recovery services to emergency service agencies; and WHEREAS, the chief law enforcement officer of each political subdivision is responsible for search and rescue activities pursuant to RCW § 38.52.400; and WHEREAS, the fire chief of a fire protection district is responsible for the protection of life and property pursuant to RCW § 52.02.020; and WHEREAS, Columbia Basin Dive Rescue is equipped with the resources necessary to execute successful water rescue and recovery missions in the jurisdiction of the signing Agency at a cost that is fiscally reasonable; NOW, THEREFORE, Columbia Basin Dive Rescue and City of Pasco do hereby agree as follows: SECTION 1. SCOPE OF SERVICES 1. Services. CBDR shall provide the Agency with the following services upon the Agency's request: a. 24/7 on-call emergency water rescue; b. Non -emergency search and recovery services; c. Agency dive rescue education services. 2. Timeliness. CBDR shall promptly respond to emergency and non -emergency water rescue requests made by the Agency. The Agency acknowledges that CBDR is a strictly volunteer organization, which may materially affect the timeliness of its response to requests for service. CBDR makes no warranty whatsoever regarding its capacity to respond within a specified timeframe to requests from the Agency, although every effort will be made to respond as expeditiously as possible. 3. Capabilities. Agency acknowledges and agrees that the services afforded under this Agreement are limited to CBDR's capability as well as the availability of volunteer CBDR personnel. All CBDR personnel shall be fully trained, and all divers shall be certified for emergency water rescue and non- emergency search and recovery services. All divers shall hold either a current Professional Association of Diving Instructors (PADI) or a current National Association of Underwater Instructors (MAUI) certification. /i /3 4. Eouipment. CBDR shall furnish all equipment, including diving equipment, water craft, and ancillary equipment necessary to provide the services described under this Agreement. 5. Calls for Service - Quantity. Under the terns of this Agreement, the Agency may make as many calls for service as are necessitated by the circumstances within its jurisdiction. SECTION 2. SERVICE RATES Rates. For the 2015 and 2016 contract years, Agency agrees to pay CBDR $6,500, payable to CBDR as provided in Section 2.2 below. To determine service rates for 2017 and beyond, CBDR and the Agency agree to review the existing four -tiered service rate of $6,500 to determine whether adjustments are necessary based on CBDR's risk and use formula. Service rates for subsequent years shall be submitted to the contracting Agency for payment in January of each year. 2. Payment. With the exception of 2015, payment for services under this Agreement is due by the fifteenth (15th) day of February for the respective contract year. Payments tendered by the contracting Agency shall be expended solely for the following purposes: a. Actual expenses related to providing emergency water rescue and non -emergency search and recovery services upon request; b. Actual expenses for CBDR personnel training; c. Actual expenses for the acquisition, maintenance and operation of non -capital rescue equipment, and maintenance and operation only (not acquisition) of facilities, vehicles, and water craft necessary for providing the above services; and d. Actual expenses related to insurance costs for CBDR operations and personnel. 3. Inspection. The Agency retains the right to request inspection of CBDR's financial records to ensure that all public funds are properly utilized. All requests for inspection shall be made at reasonable times or during regular business hours. SECTION 3. INDEPENDENT CONTRACTOR STATUS 1. Relationship to Contracting Agency. CBDR is an independent contractor with supervisory control over the performance of the services provided by its officers, agents, employees, and volunteer personnel. Nothing in this Agreement shall be constructed so as to create an employer/employee relationship between the contracting Agency and any individual associated with Columbia Basin Dive Rescue. Further, no partnership, joint venture, or joint undertaking shall be construed from the existence of this Agreement, and except as herein specifically provided, neither party shall have the right to make any representations for, act on behalf of, or be liable for the debts of the other. CBDR's independent contractor status shall be unaffected by CBDR's placement within the Incident Command System (ICS) as determined by the contracting Agency during a call for service. 2. Supervisory Control. As a contractor for services, CBDR shall receive direction from the contracting Agency exercising jurisdiction over the emergency rescue or non -emergency search and recovery mission, and shall assume placement within ICS as determined by the contracting Agency. Although CBDR will receive direction from the contracting Agency, the apparatus, personnel, and 2 equipment of CBDR shall be under the direct supervision of, and shall be the responsibility of, CBDR's senior officer at the scene. CBDR retains the exclusive authority to determine the means, method, and manner by which the technical components of a dive mission shall be executed. 3. Agency Rights. The Agency shall have the general right of inspection and supervision in the application of the specific services provided by CBDR, and shall have overall and exclusive control of any crime or emergency scene, including the right to restrict access to a specific search and rescue area to authorized personnel pursuant to RCW § 38.52.400. Further, the contracting Agency retains the right to determine when termination of a mission is appropriate, or when to change the scope of services requested from emergency rescue to non -emergency recovery. 4. Legal Compliance. CBDR shall comply with all federal, state, and local laws, rules and regulations applicable to the services provided under this Agreement, whether now in effect or created in the future. In addition, CBDR shall also comply with all federal, state, and local laws, rules and regulations that govern the equipment and personnel utilized to perform said services. 5. Personnel Obligations. CBDR shall be solely responsible for its personnel, including the payment of any state or federal taxes, workers' compensation benefits, employee benefit plans, professional licensing, unemployment insurance, withholding taxes, or any costs incurred as a result of this Agreement. CBDR personnel shall in no way be eligible for any benefits afforded to employees of the contracting Agency. SECTION 4. PERFORMANCE STANDARDS 1. CBDR shall perform the services specified under this Agreement in accordance with generally recognized ethical and professional standards. CBDR's personnel shall be registered with the Washington Department of Emergency Management. 2. When search and rescue activities result in the discovery of a deceased person, or when assisting in the recovery of human remains, CBDR personnel shall, to the extent of their involvement, comply with RCW § 68.50, Human Remains. SECTION 5. INDEMNIFICATION AND INSURANCE 1. Indemnification. Each party hereto agrees to assume responsibility for any claim, liability, damages, cause of action, or suit that occurs or arises out of the performance of its personnel only. Each party shall defend, indemnify, and hold the other party, its directors, officers, agents, and employees harmless from all costs, expenses, liability, attorney fees, judgments, losses and damages incurred as a result of any acts, errors, or omissions of the party's own personnel, voluntary or employed, relating to the performance of this Agreement. 2. Liability Insurance. CBDR shall maintain in full force and effect, a policy of general liability and casualty insurance coverage issued by an insurance company in average amounts of not less than one million dollars ($1,000,000) per occurrence. Said insurance policy shall be procured prior to or as of the date of execution of this Agreement. Such policy shall name the contracting Agency as an R1 additional insured and shall contain such terms as will require notification to the contracting Agency at least thirty (30) days prior to the modification, termination, or expiration of such policy. SECTION 6. ASSIGNMENT CBDR shall not assign, convey, or transfer any of its duties or responsibilities required under this Agreement without the advanced written consent of the contracting Agency. SECTION 7. TERM AND TERMINATION Term and Duration. This Agreement shall be effective on January 1 st for one (1) year, regardless of the date of execution, and shall be automatically renewed on December 31 st of each successive year. The contracting Agency may withdraw its consent and terminate participation in this Agreement by giving notice of termination as provided herein. Service rates for subsequent years of service shall be determined as provided under Section 2 of this Agreement, and shall be based on an equitable cost distribution formula established by the CBDR board, which consists of representatives from the community, fire service, and law enforcement. 2. Termination. When termination is without cause, either party may terminate its participation in this Agreement upon written notice delivered ninety (90) days prior to the effective termination date. When termination is predicated on an uncured default related to performance under this Agreement, written notice shall be delivered no fewer than ten (10) days prior to the effective termination date. 3. Notice. All notices given in connection with this Agreement shall be in writing and given by personal delivery or certified mail, return receipt requested, and shall be effective upon delivery. In the alternative, the parties may agree to accept notice via e-mail correspondence sent and received by the parties' designated representatives. Unless agreed otherwise, all written notices shall be directed to the following parties: Columbia Basin Dive Rescue: Registered Agent or CBDR President 1960 Butler Loop Richland, WA 99354 City of Pasco: Bob Metzger, Chief of Police Pasco Police Department 525 3rd Avenue Pasco, WA 99301 SECTION 8. GENERAL PROVISIONS Comnlete Agreement. This Agreement represents and contains the entire understanding between the contracting Agency and Columbia Basin Dive Rescue as it relates to emergency water rescue, non- emergency recovery services, and agency training. The parties acknowledge that no other oral or written collateral agreements, understandings, or representations exist outside of this document. Any prior agreements, whether verbal or written, not specifically referred to in this Agreement are hereby terminated. 2. Jurisdiction and Venue. Unless otherwise controlled by federal law, this Agreement shall be construed, and the rights and duties of the parties shall be determined, in accordance with the laws of the State of Washington. Venue shall be in Benton County Superior Court. The parties each consent to the personal jurisdiction of such court. Modification. This Agreement may be amended, modified, or supplemented only by written agreement executed by the parties. 4. Waiver. Waiver by either party of a breach of any term, condition, or provision of this Agreement shall not be deemed a waiver of any subsequent breach of such term, condition, or provision of this Agreement. 5. Severability. The parties agree that if any of the provisions of this Agreement are held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless continue to be valid and enforceable unless the essential purpose of the contract becomes frustrated upon removal of the invalid or unenforceable provisions. Executed this _ day of May, 2015. Columbia Basin Dive Rescue �L� �ONNSUN Jerry Johnson, Board President Approved as to Form: City of Pasco Attorney