HomeMy WebLinkAboutWilliams NW Pipeline Confined Space Plymouth TerminalPASCO FIRE DEPARTMENT (509) 545-3426 1 Fax (509) 545-3439
P.O BOX 293, 310 N. OREGON. PASCO, WASHINGTON 99301
AGREEMENT FOR CONFINED SPACE STANDBY AND RESCUE SERVICES
THIS AGREEMENT is entered into this f� day of J 20 & —
between the City of Pasco, Washington,a municipal torpor tion, hereafter referred
to as
'Pasco", and Ak", 04"k,t
hereinafter referred to as 'Recipient", or referred to collectively as the 'Parties."
WHEREAS, Pasco currently provides Confined Space Technical Rescue Services which
has the knowledge and expertise to perform technical rescue services to Recipient; and
WHEREAS, Recipient desires to utilize the services of Pasco's Technical Rescue
Technicians to perform technical services at the Recipient's facility described herein;_
Williams Pipeline Corperation, Plymouth Terminal
WHEREAS, this service is required by Federal and State law whenever a permit
required confined space entry is made and;
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants
contained herein, the Parties agree as follows:
1. Purpose and Scope of Work:
The purpose of this Agreement is to describe the terms and responsibilities of the
Parties regarding the provision of technical confined space rescue services by Pasco's
Technical Rescue Technicians at the Recipient's facilities.
2. Roles and Responsibilities:
A. Each Party recognizes the inherent risks associated with a permit required
confined space entry and Recipient accepts the limitations of the Technical
Rescue Technicians and the timeframes associated with a rescue from a permit
required confined space and shall not place unnecessary or unreasonable requests
for performance nor shall either Party place barriers that would impede the
performance of either Party from accomplishing the purposes ofthe Agreement.
B. Pasco shall supply the supervision, support, and equipment reasonably necessary
for the Technical Rescue Technician's to perform the roles and responsibilities
identified under the terms of this Agreement.
C. The Recipient shall provide sufficient access for Pasco's personnel and equipment
to any location wherein work is to be performed.
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D. Scheduled Work/Emergency Work:
Recipient and Pasco's designated representative shall determine the extent of
services required for all scheduled work, to include number of hours and technical
rescue technicians required. The scope and estimated costs for all scheduled work
shall be approved by both entities before such work commences. Advanced
approval of scope and estimated cost is waived for all work performed as the
result of an emergency. "Emergency work" is defined as work that must be
performed as the result of an unforeseen set of circumstances that calls for
immediate action.
E. Pasco's Technical Rescue Technicians shall assess and determine the team
availability to perform sdieduled work requested by Recipient after taking into
consideration Pasco's other service and obligations.
F. Pasco shall accommodate unanticipated absences and sick leave as may occur
from time to time.
G. Pasco shall conduct at least one (1) training session and/or inspection at the
Recipient's permit required confined spaces annually during the term of this
Agreement at no further charge to Recipient.
3. Financial Provisions:
In consideration of Pasco's services provided above, the Recipient shall:
A. Pay a daily rate of $500 for the Rescue truck and trailer and $100 per day per
diem for team members(total, not each member). Pay an hourly rate of not to
exceed $60.00 per hour per team member for personnel costs. Such hourly rate
will start when the team departs Pasco WA. and end when they have returned and
placed all equipment back in a "ready to respond" state.
B. Recipient shall reimburse Pasco at the fully burdened rate of pay for actual
scheduled or emergency hours worked by Technical Rescue Technician's from
Pasco (not to exceed $60.00 per hour). Pasco's Technical Rescue Technician's
shall track hours worked for Recipient through the Pasco payroll system, and
Pasco shall submit an invoice with supporting documentation for
reimbursement of wages and any applicable reimbursable expenses.
C. In the event any Pasco equipment is lost or damaged in the course of its services
under this Agreement, Recipient shall reimburse Pasco its actual costs ofrepair or
replacement of such equipment (except to the extent such loss or damage is due to
the negligence or willful misconduct of Pasco) upon receipt from Pasco of a
damaged/lost equipment inventory and a copy of the invoice for the repair or
replacement ofthe equipment.
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D. Recipient shall make payment to Pasco for the services provided in this
Agreement within thirty (30) days of being invoiced by Pasco.
4. Performance:
Pasco's Technical Rescue Technician shall at all times during the performance of this
Agreement, perform services in a reasonable and professional manner consistent with
the standards established by the Pasco Fire Department.
5. Indemnification:
A. The Recipient shall defend, indemnify and hold harmless Pasco and its officers,
agents, and employees, or any of them, from and against any all claims, actions,
suits, liability, loss cost, expenses and damages of any nature whatsoever which
are caused by or result from a negligent act or omission of the Recipient, it
officers, agents and employees in performing services pursuant to this Agreement
except those claims resulting from the sole negligence of the Pasco.
B. Pasco shall defend, indemnify and hold harmless the Recipients and its officers,
agents and employees, or any of them, from and against any and all claims,
actions, suits, liability, loss, costs, expenses and damages of any nature
whatsoever which are caused by or result from a negligent act or omission of
Pasco, its officer, agents, and employees in performing services pursuant to this
Agreement except those claim resulting from the sole negligence of the Recipient.
C. In the event that claim or lawsuit is brought against a Party or its employee(s) for
actions arising out of this Agreement, such Parry shall promptly notify the other
Party that said claim or lawsuit has been filed or commenced.
D. The Parties to this Agreement and their respective legal counsel shall, to the
extent reasonably possible and consistent with the best interests of their respective
clients, cooperate with the defense of any lawsuit arising out of this Agreement;
provided this cooperation does not require the Parties to share any out -of pocket
litigation costs. Said cost will be the responsibility of the Party obligated to
defend any such lawsuit.
E. Upon request, each Parry shall share with the other the terms of their respective
liability insurance policies to allow for coordination of coverage. The consent of
any liability insurance carrier or self-insured pool or organization is not required
to make this Agreement effective between the Parties, and the failure of any
insurance carrier or self- insured pooling organization to agree or follow the terms
of this Agreement on liability allocation shall not relieve either Party from its
obligations under this Agreement.
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F. Except for liabilities and claims related to the actions and inactions of employees
as set forth above, all other rights, duties, and obligations with respect to any
particular employee shall remain with the Party contributing that employee.
Additionally, each party shall be responsible for compliance with the provisions
of any applicable collective bargaining agreements and civil service rules and
regulations. Nothing in this Section shall be interpreted to waive any defense
arising ofRCW Title 51.
6. Insurance:
A. During the term of this Agreement, Recipient shall maintain general
comprehensive and premises liability insurance coverage of not less than
$1,000,000.00, and shall maintain such insurance on its equipment and premises
that may be utilized in the performance of this Agreement.
B. During the term of this Agreement, Pasco shall maintain general comprehensive
insurance as available through its insurance pool regarding the performance of
Pasco's services under this Agreement, and the equipment utilized in performing
such services.
7. Maintenance of Equipment:
Each party shall be responsible for the maintenance, repair and upkeep of any
equipment or premises used in the performance of the services under this Agreement.
The availability of any specific equipment is dependent on many factors and this
Agreement will not require the party to provide that equipment if the application of
that equipment, in circumstances of the services provided under this Agreement
causes an undue risk to the safety or operation of any party.
8. Duration:
This Agreement shall commence on the day and year first written above for a term of
5 days. This Agreement shall not automatically be renewed. Either party, however,
shall have the right to terminate this Agreement with or without cause upon 24 hours'
notice to the other party
This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of Washington.
In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Parties shall first meet in a good faith effort to
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resolve such dispute. In the event the dispute cannot be resolved by agreement of
the Parties, with or with our the assistance of a mediator, said dispute shall be
resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties
waiving the right of an jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing Party shall be entitled to
its reasonable attorney fees and cost as additional award and judgement against the
other.
10. Notice:
For any notices required under the terms of this Agreement, notice shall be made by
personal service, certified mail, or electronic transmission to:
A. City of Pasco
Attn: Pasco Fire Chief
525 North 3rd Ave
Pasco, WA 99301
gearb@pasco-wa .gov
B. Recipient
Telephone:
City/Sate
Email:
_ Address: ?0, Tox 330 3 M:/rr
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
year first above written.
City of Pasco, Washington
By:
Dave Zabell', ity anager
It:
K 0 () 1�
Deb e ark, City Clerk-
Recipient
By:
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