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HomeMy WebLinkAbout21-259-AFD-001 Interlocal Agreement DocuSign Envelope ID:094BB273-A942-4595-8FD2-6F62725728B3 WSP Contract No. K14590 REVISED COA#21-259-AFD-001 INTERAGENCY AGREEMENT BETWEEN STATE OF WASHINGTON WASHINGTON STATE PATROL AND THE CITY OF ANACORTES This Interagency Agreement(Agreement), pursuant to RCW 43.43.960 through RCW 43.43.964 (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 the City of Anacortes, a Washington municipal corporation, 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 43.43.960 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 Date of Execution and ends on December 31, 2026 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. The City is required to be registered as a Statewide Payee prior to submitting a request for payment under this Contract. The Office of Financial Management (OFM) maintains the Statewide Payee Registration System; to obtain registration materials go to https://ofm.wa.gov/it- sVstems/accounting-systems/statewide-vendorpayee-services 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. Compliance with COVID-19 Requirements. Contractor affirms that it, it's employees, and any Subcontractors of any tier, will comply with all current and future COVID-19 proclamations, regulations, requirements and/or related guidance issued by the Office of the Governor of Washington State, or the Washington State Legislature, as may relate to Washington State Patrol projects, including the mandate for COVID-19 vaccinations. Additional resources information may be found on the Governor's website at the following link: https://coronavirus.wa.gov/. i I Page 1 of 3 DocuSign Envelope ID:0948B273-A942-4595-8FD2-6F62725728B3 6. 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, or longer if required by the Public Records Act at Chapter 42.56 RCW, 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. 7. Agreement Management. The work described herein shall be performed under the coordination of City of Anacortes, and Assistant State Fire Marshal Melissa Gannie of WSP, or their successors. They shall provide assistance and guidance to the other party necessary for the performance of this Agreement. 8. No Joint Venture. No separate legal or administrative entity is intended to be created pursuant to this Agreement. Nothing in this Agreement shall be construed to render the Parties partners or joint venturers. 9. Treatment of Assets and Property. No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 10, Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 11. Hold Harmless. To the extent allowed by law, 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. 12. 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. 13. 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. 14. Appeals of Denied Claims. In the event that WSP denies payment of claim(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. 15. 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. Page 2 of 3 DocuSign Envelope ID:0948B273-A942-4595-8FD2-6F62725728B3 16. 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: FOR: CITY OF ANACORTES WASHINGTON STATE PATROL t,� C,M S h a n n O n O I e n Digitally signed Shannon 0 l�^^"� 0 'Date: 1 2021.12.18 6:71:43-08'00' Signature Signature Laurie Gere, Mayor FOR Simon Tee, Chief Contracts Officer Title Title 12/9/2021 Date Date APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 2/5/2008 Page 3 of 3