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HomeMy WebLinkAboutWA ST PATROL - REIMBURSEMENT OF FIRE DEPT MOBILIZATION PLAN 2003-2007INTERAGENCY AGREEMENT BETWEEN C0404220CSC STATE OF WASHINGTON WASHINGTON STATE PATROL ►•ZB PASCO FIRE DEPARTMENT This Interagency Agreement (Agreement), pursuant to Chapter 38.54 RCW (State Fire 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 the Pasco Fire Department, a statutorily authorized fire agency within the State of Washington, hereinafter referred to as "Fire Agency." The purpose of this Agreement is to provide for the reimbursement of allowable Fire Agency costs incurred while its assets are mobilized in accordance with Chapter 38.54 RCW and the Washington State Fire Services Resource Mobilization Plan (Mobilization Plan). The Mobilization Plan and any subsequent versions adopted per RCW 38.54.030 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 Fire Agency 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 July 1, 2003 and ends on December 31, 2007 unless terminated sooner as provided herein. 3. Billing Procedures. WSP shall reimburse the Fire Agency upon the receipt of properly executed claim forms submitted by the Fire Agency according to the Mobilization Plan. Claims for payment submitted by the Fire Agency 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 bylaw. 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 Gregory Garcia of the Fire Agency, and Assistant State Fire Marshal Steven Kalmbach 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. Disputes. In the event that a dispute arises under this Agreement, it shall be determined in the following manner: The Chief of WSP shall appoint one member to the Dispute Board. The Fire Agency shall appoint one member to the Dispute Board. The Chief of WSP and the Fire Agency shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. 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 iivi fNESS WHEREOF, the parties have executed this Agreement. For 4FS gto y atr L , For e a o Fire epartment: Ronal W. Seerrpas Chief S' e _ C / Date Date WSP Budget and Fiscal Services RECEIVED AUG 112003 BuoGET & ISCAL Wsp APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 7/9/03 Page 2 of 2