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HomeMy WebLinkAboutMission Support Alliance, LLC - MOU; Vehicle Donation; PTA Facilities Use Memorandum of Understanding Between Mission Support Alliance, LLC And City of Yakima Police Department WHEREAS, the Atomic Energy Act of 1954, as amended, states in Section 161(g) that the U.S. Department of Energy (formerly the Atomic Energy Commission may: acquire, purchase, lease and hold real and personal property, including patents, as agent of the United States; WHEREAS, Mission Support Alliance, LLC (MSA), a Delaware corporation, manages and operates the Hanford Patrol Training Academy (PTA) on behalf of the U.S. Department of Energy (DOE) under Contract No. DE- AC06- 09RL14728; WHEREAS, the City of Yakima Police Department (YPD) has three (3) retired police vehicles that YPD wishes to donate to the PTA for use in training activities in consideration for the services provided without charge pursuant to this Memorandum of Understanding; and WHEREAS, the City of Yakima Police Department desires to use the PTA facilities on a limited no cost basis for training of its law enforcement officers; NOW THEREFORE, the parties agree as follows: 1. YPD will donate to the PTA three (3) retired police vehicles and will transfer title for each vehicle to MSA. The vehicles donated will be on an "as is" basis, however, YPD will provide a statement prior to the transfer that each of the vehicles is mechanically sound and none has been involved in any significant collision prior to transfer. The PTA will have the right to inspect each car prior to acceptance. After provision of the YPD statement on the vehicles and the MSA inspection and acceptance, there will be no further warranty or liability on the part of YPD or the City of Yakima for the vehicles once the title has been transferred. 2. MSA will be responsible for transportation of the three (3) vehicles from Yakima to the PTA. Mutually agreeable inspection and transfer arrangements will be worked out between the parties. 3. YPD will be allowed to access and use the PTA Emergency Vehicle Operations Course (EVOC) track/skills course and classroom up to eight (8) times per calendar year for training of YPD law enforcement officers ONLY. The use will be on an "as available" basis when not in use by MSA or for MSA supported activities. The use of the track and classrooms must be scheduled in advance by contacting the PTA staff. 4. Hanford Patrol will train and qualify YPD law enforcement officers as EVOC instructors for YPD SUV vehicles. The eight (8) hour class will be offered to YPD law enforcement officers at least two (2) times during the first year of this Memorandum of Understanding (MOU) and at least once each year for the remainder of the MOU term. 5. Hanford Patrol will also offer one (1) classroom slot per year to YPD to attend the Regional EVOC Instructor Update. 6. YPD may use the PTA Professional Range Instruction Simulator (PRISm on an "as available" basis up to eight (8) times per calendar year. Hanford Patrol will train up to five (5) YPD law enforcement officers as PRISm ® ) operators. The one (1) hour training will be offered to YPD law enforcement officers one (1) time during the first year of this Memorandum of Understanding Between Mission Support Affiance and YPD Page 1 of 3 Memorandum of Understanding (MOU). Only trained YPD officers will be authorized to operate the PRISm and a required safety briefing will be conducted prior to each use. 7. Hanford Patrol will provide initial training for YPD instructors. 8. Only YPD law enforcement officers are eligible to use the PTA under this MOU. 9. YPD law enforcement officers who use the PTA facilities will be subject to the same regulations and requirements as all other external customers who use the facility. 10. NONDISCRIMINATION. During the performance of this Memorandum of Understanding, MSA and the Yakima Police Department shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Memorandum of Understanding. 11. Terms of the MOU. This MOU will be in effect for four (4) years after the date of the last signature below. 12. MSA reserves the right to terminate its obligations under this MOU upon thirty (30) days notice to YPD in the event that DOE no longer provides funding or contractual authority for MSA to operate the PTA. 13. SURVIVAL. Any provision of this Memorandum of Understanding which imposes an obligation after termination or expiration of this Memorandum of Understanding shall survive the term or expiration of this agreement and shall be binding on the parties of this Memorandum of Understanding. 14. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: Tony O'Rourke, City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Dominic Rizzi Jr., Chief of Police Yakima Police Department 200 South Third Street Yakima, WA 98901 -2830 TO MSA: Memorandum of Understanding Between Mission Support Alliance and YPD Page 2 of 3 or to such other addresses as the parties may hereafter designate in writing. Notices and /or demands shall be sent by both first class mail postage prepaid and by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 15. GOVERNING LAW. This Memorandum of Understanding shall be governed by and construed in accordance with the laws of the State of Washington. AGREED AND ACCEPTED: CITY OF YAKIMA MISSION SUPPORT ALLIANCE, LLC By: Il Qt U .. ' ?OCL9-tL, By : ek., V\& Print Nam Print Name Signature: P _ Signature: �c LAo k LAAA Titl CL '' 4 r Title: rr • Date: ` L Date: Zr / ATTEST: By Cit7Clerk `St f *mo vl City Contract No.: — ,� � -� Resolution No.: ` � � Memorandum of Understanding Between Mission Support Alliance and YPD Page 3 of 3 � ® DATE(MM /DDNYYY) ,4 CERTIFICATE OF LIABILITY INSURANCE 08 /06/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the i certificate holder in lieu of such endorsement(s). .c PRODUCER CONTACT "0 NAME: Aon Risk insurance Services West, Inc. Seattle WA Office PHONE (206) Ext): (206) 749 -4800 I FAX No.): (206) 749 -4860 ' 1420 Fifth Avenue E -MAIL p Suite 1200 ADDRESS: _ Seattle WA 98101 -4030 USA INSURER(S) AFFORDING COVERAGE NAIC # • INSURED INSURER A: The Insurance Co of the State of PA 19429 ` M i ssion Support Alliance, LLC INSURER B: 2490 Garlick Blvd . Richland WA 99352 USA INSURER C: ' INSURER D: , INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570054859600 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 'OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD wVD POLICY NUMBER (MM /DDIYYYY MM /DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GL5388374 08/11/2014 0 8/11/2015 EACH OCCURRENCE $5,000,000 CLAIMS -MADE X I OCCUR DAMAGE 10 RENTED $100,000 PREMISES (Ea occurrence) i MED EXP (Any one person) $ 5 , 000 PERSONAL 8ADV INJURY $5,000,000 8 --- GEE��N'L AGGREGATE LIMIT APPLIES PER: i GENERAL AGGREGATE 55,000,006 g 7 I POLICY r.J n L OC PRODUCTS - COMP /OP AGG S 5 , 000 , 000 io o OTHER: f I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY ( Per person) Z ALL OWNED .— SCHEDULED BODILY INJURY (Per accident) ty _ AUTOS AUTOS }' NON -OWNED PROPERTY DAMAGE V — HIRED AUTOS (Per accident) := AUTOS N UMBRELLA LIAB OCCUR EACH OCCURRENCE U EXCESS UAB CLAIMS -MADE AGGREGATE DED I IRETENTION WORKERS COMPENSATION AND STATUTE OORTH EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR / PARTNER / EXECUTIVE E.L. EACH ACCIDENT • OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE If yes, describe under , DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT MI 2 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 4; Ob. - , . ti': IS 1 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE -...ti POLICY PROVISIONS. City of Yakima AUTHORIZED REPRESENTATIVE 129 N. 2nd St. ' Yakima WA 98901 u5A Mn `/ x f a W X= die MIN ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD •