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INTERAGENCY AGREEMENT WITH
CITY OF BREMERTON
Agreement No. IAA- 93-097532
This Agreement is between the City of Bremerton, referred to as the CONTRACTOR and the
Washington State Department of Natural Resources, South Puget Sound Region, referred to
as DNR.
DNR falls under authority of RCW Chapter 43.30 of Washington State, Department of Natural
Resources. DNR and the CONTRACTOR enter into this Agreement under Chapter 39.34,
Interlocal Cooperation Act.
The purpose of this Agreement is for the CONTRACTOR to make available to reimburse the
CONTRACTOR for costs associated with time or other reimbursable expenditures during related
wildfire training or as outlined for responding to wildfire assignments.
IT IS MUTUALLY AGREED THAT:
1.01 Statement of Work. The CONTRACTOR shall furnish the necessary personnel and
otherwise do all things necessary for or incidental to performing work as set forth in Attachment
A — Statement of Work.
2.01 Period of Performance. The period of performance of this Agreement shall begin on
July 23, 2018 or last signature date, whichever is later, and end on July 23, 2023 unless
terminated sooner as provided herein.
3.01 Payment. Pay for services shall be based on the rates and terms described in
Attachment A- Statement of Work and Attachment B — Payment Requirements.
4.01 Billing Procedures. The CONTRACTOR shall submit invoices within 30 business days
of the CONTRACTOR's ending payroll period. Payment to the CONTRACTOR for approved
and completed work will be made by warrant or account transfer within 30 days of receiving the
invoice. When the contract expires, any claim for payment not already made shall be submitted
within 30 days after the expiration date or the end of the fiscal year, whichever is earlier.
DNR IAA Agreement No. 93-097532
Page 1 of 7
5.01 Records Maintenance. The CONTRACTOR shall maintain books, records, documents
and other evidence, to sufficiently document all direct and indirect costs incurred by the
CONTRACTOR in providing the services. These records shall be available for inspection,
review, or audit by personnel of the DNR, other personnel authorized by the DNR, the Office of
the State Auditor, and federal officials as authorized by law. The CONTRACTOR shall keep all
books, records, documents, and other material relevant to this Agreement for six years after
Agreement expiration. The Office of the State Auditor, federal auditors, and any persons
authorized by the parties shall have full access to and the right to examine any of these materials
during this period.
Records and other documents in any medium furnished by one party to this Agreement to the
other party will remain the property of the furnishing party, unless otherwise agreed. The
receiving party will not disclose this material to any third parties without first notifying the
furnishing party and giving it a reasonable opportunity to respond. Each party will use
reasonable security procedures and protections to assure that records and documents provided by
the other party are not erroneously disclosed to third parties.
6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be
`works for hire' as defined by as defined by Title 17 U.S.C., Section 101 and shall be owned by
the DNR. Data shall include, but not be limited to, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. Ownership includes the right to use, copyright, patent, register and the
ability to transfer these rights.
7.01 Independent Capacity. The employees or agents of each party who are engaged in
performing this Agreement shall continue to be employees or agents of that party and shall not
be considered for any purpose to be employees or agents of the other party.
8.01 Amendments. This Agreement may be amended by mutual agreement of the parties.
Amendments shall be in writing and signed by personnel authorized to bind each of the parties.
9.01 Termination for Convenience. Either party may terminate this Agreement upon 30
calendar days' prior written notice to the other party. If this Agreement is terminated, the parties
shall be liable only for performance rendered or costs incurred in accordance with the terms of
this Agreement prior to the effective date of termination.
10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and
proper manner its obligations under this Agreement, or if either party violates any of the terms
and conditions, the aggrieved party will give the other party written notice of the failure or
violation. The aggrieved party will give the other party 15 working days to correct the violation
or failure. If the failure or violation is not corrected within 15 days, the aggrieved party may
immediately terminate this Agreement by notifying the other party in writing.
11.01 Disputes. If a dispute arises, each party will make a good faith effort to resolve issues at
the lowest possible level in their respective agencies. If they cannot resolve an issue, they will
elevate the issue within their respective chains of command to resolve it.
DNR IAA Agreement No. 93-097532 Page 2 of 7
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board
in the following manner: Each party to this Agreement shall appoint one member to the Dispute
Board. The members so appointed shall jointly appoint an additional member to the Dispute
Board. The Dispute Board shall evaluate the facts, Agreement terms, applicable statutes and
rules, and make a determination of the dispute. The determination of the Dispute Board shall be
final and binding on both parties. The cost of resolution will be borne as allocated by the
Dispute Board. Alternatively, the parties may pursue a third party dispute resolution as the
parties mutually agree to in writing.
12.01 Governance. This contract is entered into the authority granted by the laws of the State
of Washington and any applicable federal laws. The provisions of this Agreement shall be
construed to conform to those laws.
If there is an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
(1) Applicable State and federal statutes and rules;
(2) Attachment A - Statement of Work;
(3) Attachment B — Payment Requirements;
(4) Any other provisions of the Agreement, including materials incorporated by
reference
13.01 Assignment. The work to be provided under this Agreement and any claim arising from
this Agreement cannot be assigned or delegated in whole or in part by either party, without the
express prior written consent of the other party. Neither party shall unreasonably withhold
consent.
14.01 Waiver. A party that fails to exercise its rights under this Agreement is not precluded
from subsequently exercising its rights. A party's rights may only be waived through a written
amendment to this Agreement.
15.01 Severability. The provisions of this Agreement are severable. If any provision of this
Agreement or any provision of any document incorporated by reference should be held invalid,
the other provisions of this Agreement without the invalid provision remain valid.
16.01 Insurances. The State of Washington, including all its agencies and departments, is self -
insured for all exposures to tort liability, general liability, property damage liability and vehicle
liability, as provided in statute, but only as respects the negligence of State.
17.01 Indemnification. To the fullest extent permitted by law, CONTRACTOR shall
indemnify, defend, and hold harmless DNR and employees of DNR, from and against all claims
for injuries or death arising out of or resulting from the negligence of CONTRACTOR or the
negligence of CONTRACTOR's agents and employees including but not limited to claims
arising from CONTRACTOR's employees. "Claim," as used in this contract, means any
DNR IAA Agreement No. 93-097532
Page 3 of 7
financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's
fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of
tangible property including loss of use resulting therefrom. DNR shall not require the City to
indemnify, defend, and hold harmless DNR (1) for claims that arise out of the negligence of
DNR and its officers and employees or (2) for claims that arise out of the DNR's or its officer's
or employees' proportionate share of any concurrent negligence. CONTRACTOR waives its
immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless
State and its agencies, officials, agents or employees.
18.01 Complete Agreement in Writing. This Agreement contains all the terms and conditions
agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties.
19.01 Contract Management. The Project Coordinator for each of the parties shall be the
contact person for this Agreement. All communications and billings will be sent to the project
coordinator.
20.01 Project Coordinators.
(1) The Project Coordinator for the CONTRACTOR is David Schmitt, Telephone
Number 360-473-5380.
(2) The Project Manager for DNR is Jane Potter, Telephone Number 360-802-7030.
DNR IAA Agreement No. 93-097532 Page 4 of 7
By signature below, the Agencies certify that the individuals listed in this document, as
representatives of the Agencies, are authorized to act in their respective areas for matters related
to this instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CONTRACTOR
N,�iMature
Greg Wheeler
Name
Mavqr
Title
h
Signature Date
David Schmitt
STATE OF WASHINGTON
DEPARTMENT OF NATURAL
RESOURCES
Signature
Date
Scott Sargent
Name Name
Fire Chief South Puget Sound Region
Manager
Title Title
911 Park Ave 950 Farman Ave No.
Bremerton, WA 98337 Enumclaw, WA 98022
Address
360-473-5380
Telephone
Signature
Roger Lubovich
Name
City Attome
Title i�
Qj Signature �a W o Wj
Mike Riley
Name
Interim Cites C'4SA
Title
DNR IAA Agreement No. 93-097532
Address
360-825-1631
Telephone
Page 5 of 7
Attachment A
STATEMENT OF WORK
DNR agrees to the following:
1. Status the employee in the Resource Ordering Status System (ROSS).
2. Dispatch the employee to assignments as need arises.
3. Provide employee with valid Incident Qualification Card (red card) upon
completion of required training stating current National Wildfire Coordinating
Group (NWCG) qualifications, and adhere to qualifications and standards
described in PMS 310-1.
The CONTRACTOR agrees to the following:
1. Ensure that the employee will be available and ready to respond when called by
DNR. (The employee will receive a dispatch by receiving a phone call and
ROSS resource order prior to accepting or traveling to the assignment. The
employee must have a valid Incident Qualification card (red card).
2. Provide DNR with the employee's loaded base rate (salaries and benefits),
overtime rate, and regular work schedule. In the event that the employee's base
rate is adjusted, the CONTRACTOR, is required to provide DNR with the
updated rate prior to submitting invoices at the updated rate.
3. Provide billing on the CONTRACTOR's letterhead as outlined in Attachment
B.
DNR IAA Agreement No. 93-097532 Page 6 of 7
Attachment B
PAYMENT REQUIREMENTS
Each invoice voucher submitted to the DNR by the CONTRACTOR will clearly reference
DNR IAA- 93-097532
The CONTRACTOR will be reimbursed according to the employee's actual salaries and
benefits.
The billing is required to be on agency letterhead and shall include:
a. Original Emergency Fire Time Report (OF-288); backup
documentation for the hourly wage rate (regular and OT) for
personnel hours on the OF-288;
b. Travel costs (meals, lodging not provided by the incident)
documented with detailed receipts not to exceed state per diem
rates.
C. Shift ticket documenting mileage to/from incident as well as
mileage incurred on the incident signed by the incident supervisor
to be reimbursed at the state per diem rates.
d. Copy of Resource Order card.
Bills shall be sent to:
South Puget Sound Region
Attention: Dispatch
950 Farman Ave No.
Enumclaw, WA 98022
DNR IAA Agreement No. 93-097532
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