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HomeMy WebLinkAboutHanford Mission Integration Solutions, LLC - Service Agreement CRF 6807-23, 24 & 25 for use of the Patrol Training Academy's Emergency Vehicle Operations CourseService Agreement CRF 6807 — 23, 24, & 25 With the City of Yakima Police Department For the use of the Patrol Training Academy's Emergency Vehicle Operations Course THIS AGREEMENT, effective January 30th, 2023, is made by and between HANFORD MISSION INTEGRATION SOLUTIONS, LLC ("HMIS"), prime contractor to the UNITED STATES DEPARTMENT OF ENERGY, RICHLAND OPERATIONS OFFICE ("DOE"), a Department of the United States of America (Government) and City of Yakima Police Department ("Customer'"). HMIS has been authorized by DOE to furnish to Customer certain equipment, services, and/or staff for training purposes (hereinafter referred to as the "Activity"), pursuant to the Hanford Mission Essential Services Contract Number 89303320DEM000031. SCHEDULING Customer understands and agrees (i) that the Activity is subject to the priority of the DOE on a not -to - interfere basis; and (ii) that DOE, through its facility administrator HMIS, has sole responsibility and discretion for allocating and scheduling use of the equipment, services, and/or staff needed for or involved in the Activity. SAFETY AND HEALTH HMIS/HAMMER will provide a hazard analysis for the course as required for training on the HAMMER campus. All participants will comply with the requirements of the Training Activity Hazard Analysis. All participants (both HMIS and Customer) will comply with all DOE Hanford Site and HMIS/HAMMER safety and security protocols, including but not limited to any event specific safety plan associated with provided training activities. All participants will follow the local county and DOE requirements based on the Center for Disease Control for COVID-19. Requirements will be communicated prior to arrival based on infection rates in the county for the time of the training. SHIPMENT SAFETY Customer shall ensure that all shipments made to the Hanford site in performance of this Subcontract are packaged and loaded for safe handling and unloading. Deliveries to the Hanford site or HMIS- controlled facility may be refused and/or unloading work stopped by any DOE or HMIS employee for unsafe conditions or practices. Customer is responsible for ensuring that they and all lower -tier subcontractors have the appropriate DOT certificates, paperwork, and signage. HANFORD SITE DATA AND FACILITY ACCESS Both parties mutually agree that all applicable requirements will be met associated with data usage, transfer and facility access. This includes but is not limited to the adherence of each entity's control regarding electronic data management. In addition, usage of personnel meeting the DOE definition of "Foreign National." HMIS requires at least fourteen (14) day notice to ensure additional DOE requirements are met in the event that a Foreign National will have access to DOE data, will be involved with a Site visit, or is participating as a classroom training. At least seven (7) day notice is required in advance of other on -site visits and/or activities. CONTROLLED USE INFORMATION As contemplated by the description of services and associated documents, both parties agree that no information or data subject to DOE Order requirements relating to Official Use Only, UCNI, classified information or otherwise restricted DOE information will be exchanged or otherwise referenced in the development of training materials. CONFIDENTIALITY OF DATA As contemplated by the description of services and associated documents, both parties agree that no information or data that is confidential, proprietary, or otherwise restricted is required to perform the services and training described. However, in the event such information is required for training development, both parties mutually agree it will not discuss Confidential or otherwise restricted data directly or indirectly, under any circumstances to any third party without the express written prior consent of the affected party. INSURANCE It is the policy of the U.S. Department of Energy and HMIS not to pay for insurance against loss, damage, or destruction of government property. Contractor shall not under any circumstances charge back insurance costs to Buyer. WORKPLACE SUBSTANCE ABUSE PROGRAM HMIS is subject to 10 CFR 707, Workplace Substance Abuse Programs at DOE Sites, HMIS expects Contractor adhere to the requirements of the referenced order to the extent applicable to the services under this Agreement. PROPERTY The Government shall retain title to all Government -furnished property. Title to Government property shall not be affected by its incorporation nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property. The Contractor shall not be liable for loss of Government property furnished or acquired under this contract except when one of the following applies: risk is covered by insurance; loss is the result of willful misconduct or lack of good faith on the part of Contractor's managerial personnel; and/or the DOE Contracting Officer has, in writing, revoked the Government's assumption of risk for loss AUTHORITY, ADMINISTRATION, AND TRANSFER It is understood and agreed that this Agreement is entered into by HMIS in its role as prime contractor to DOE and that (i) HMIS is authorized to and will administer this Agreement for DOE; (ii) administration of this Agreement may be assigned by a contractual agreement between DOE and HMIS which determines their role in the administration of training at this facility or its designee upon written notice to Customer; and (iii) in case of such assignment and notice thereof to Customer, HMIS shall have no further responsibility hereunder. LIABILITY AND INDEMNITY A. Neither the Government nor DOE and its agents, employees, or contractors (including HMIS) or other persons acting on their behalf, including officers, directors, officials, representatives, employees, staff, and subcontractors will be responsible for any personal injury or damage to or destruction of property of any kind whatsoever resulting from the furnishing of and use by Customer of equipment, material, and/or staff under this Agreement, unless directly resulting from the negligence of the Government, DOE, or agents or persons acting on their behalf, consistent with the Washington Comparative Fault Statute (R.C.W. 4.22 et seq.). B. Neither the Government, nor DOE and its agents, employees, or contractors (including HMIS), or, and other persons acting on their behalf, including officers, directors, officials, representatives, employees, staff, and subcontractors will be responsible, irrespective of cause, for failure to furnish any equipment, material, and/or staff under this Agreement at any particular time or in any particular manner when the interests of the Government preempt any schedule. C. Customer shall give notice to HMIS as soon as practicable of any claim made against the Government, DOE, or their agents or other persons acting on their behalf and/or Customer and afford them the opportunity, to the extent allowed by applicable laws, rules, or regulations, to participate in and control their defense. Customer shall provide reasonable assistance and information to the Government, DOE, HMIS, and their agents and other persons acting on their behalf to support their defense. STATEMENT OF WORK The EVOC Training Center at Hanford Patrol Training Academy will provide the City of Yakima Police Department Access to the classrooms and props on 3/16/2023, 3/17/2023, 3/30/2023, and 3/31/2023. Training will cover the use of EVOC Skills Pad, EVOC Track, and EVOC Trailer. COST ESTIMATE The EVOC Training Center at Hanford Patrol Training Academy will provide access to the classrooms and props during the time period of October 1, 2022 — September 30, 2023 for the following price per day: Prop/Building EVOC Classroom EVOC Track EVOC Skills Pad 16-Mar-23 1700-0300 1700-0300 1700-0300 * Daily Rate 17-Mar-23 1700-0300 1700-0300 1700-0300 $223.43 30-Mar-23 1700-0300 1700-0300 1700-0300 31-Mar-23 1700-0300 1700-0300 1700-0300 The estimated price for this training is below, Please refer to the attached estimate for details. PAYMENT Total Due $1028.85 For non -DOE funded services, costs associated with this activity must be invoiced in one of the following methods: Prepayments: Invoices must be submitted directly to DOE Richland Operations Office Department of Energy — Richland Operations Office Attn: Debbi Dove 2420 Stevens Center/P.O. Box 550 (Mail Stop H5-20) Richland, WA 99352 Phone (509) 376-6367 debra.dove(arl.doe.gov Post Payments: Invoices must be submitted directly to HMIS Hanford Mission Integration Solutions E-mail: hrnis ap invoicesArLgov Attn: Cashier H3-09 PO Box 943 Richland, WA 99352 DESIGNATED. REPRESENTATIVES AND NOTICES Prior tocommencement of the Services, each Party shall designate arepresentative authorized toact on its behalf, mhGU advise the other Party in vvhdn0 of the name, address, and telephone number of such designated representative, and shall inform the other Party of any subsequent change in such designation. All communications to Company and HMIS relating to the Contract shall be communicated through such designated representatives. Any Notice required to be delivered under the terms of this Master Contract shall be delivered to the representative mfthe other Party mmdesignated ba(mxv. In addition to providing Notice tothe company, M&4|G shall provide the participating Affiliate about which the Notice pertains, a copy of the same addressed to the representative as set forth on Exhibit D. Additional Affiliates, which may elect to participate in and under this Master Contract after the effective date hereof, shall notify Consultant of the proper representative and address forfonmanding Notices required hereunder. All Notices shall either be: (i) hand delivered; /ii\ deposited in the nnai|, properly stamped with the required postage; (iii) sent via registered or certified mail; or (iv) sent via recognized overnight courier service. The Parties' addresses for purposes mfNotice shall be aoset forth below and for Affiliates, aalisted onExhibit D. |fhoCompany: -Hanford Patrol Training Academy -HK8|S�� P.O. Box 943 K8S|N (35-50 Richland, WA 99354 |fbmConsultant: Attention: Mick Thompson Attention: Email: on1pSon��d'0ov�_ E-mail: � Telephone: ' 09-370-4686 Telephone: Either Party may change the name oraddress of the designated recipientofNotices bvdelivery mfa Notice of such change as provided for in this Article. INSURANCE Both Parties acknowledge and agree that they shall procure at their own expense and maintain insurance policies and coverage reasonable, appropriate, and applicable to the services being delivered under this service agreement. Prior hxcommencement ofwork, the Parties shall exchange satisfactory evidence ofinsurance coverage, unless waived inwriting. |fsuch applicable insurance or materially changed with respect tothe scope mfthe services described, the affected party must notifv the other irnrnmdiate|yand inm/riUng. ' TERMINATION/CANCELLATION POLICY Either party may terminate this Agreement for any reason st any time bygiving not less than 14days prior written notice to the other party; prmvidad, however, that C)C)E reaena*a the right to immediately terminate this Agreement without regard to the aforesaid written notice when termination of this Agreement isdetermined tobeinthe best interests ofthe Government. Termination shall bewithout prejudice tothe rights ofeither party. Upon such termination, Customer shall pay tOHK4|Sfor all Services satisfactorily performed byHK8|SGs0fthe date mftermination. Customer shall ba responsible for any shipping and/or handling charges associated with return of Customer -owned equipment received atthe HAMMER facility. APPLICABLE LAW AND VENUE In the event of any matter or dispute arising out of or related to a Contract, it is agreed between the Parties that such Contract shall be interpreted in accordance with the substantive and procedural laws (including statute of limitations provisions) of the State of Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date and year first written above. CUSTOMER Robert HOWr Robert Hatrigart Mar 13, 2.0 13. 131 Pall Signature Robert Harrison Name (print) Yakima City Manager Title Mar 13, 2023 Date bob.itarrisori@yakirriawa,gov Phone/Email 200 s 3rd Street Yakima, WA 98901 Mailing Address CITY CONTRACT NO: 2023-031 RESOLUTION NO: HANFORD(M1 S * NTEGRATION SOLUTIONS V- y4 Signature ft Z4 Name (print) Title Date Phone/Email Contact infonation Below: EVOC Program Manager mamick thompson@ri.gov 50g-376-4686 - office ATTACHMENT A: MISCELLANEOUS PROVISIONS STOP WORK RESPONSIBILITY — ON -SITE WORK A. Every Buyer and Subcontractor employee has the responsibility and authority to stop work IMMEDIATELY, without fear of reprisal, when they are convinced a situation exists that places himself/herself, coworker(s), or the environment in danger or at risk per DOE-0343, "Stop Work." 1. Any employee who reasonably believes that his/her safety is in jeopardy, or who is convinced a situation exists that places themselves, their coworker(s), or the environment in danger, is expected to refuse work without fear of reprisal by management or coworkers, and is entitled to have the safety concern resolved prior to participating in the work. 2. Employees are expected to report any practice or condition they believe presents an unacceptable risk. Notification should be made to the affected worker(s) and then to the supervisor or his/her designee, at the location where the practice or condition exists. After notification, resolution of the issue resides with the responsible manager. 3. The BTR shall also be notified when a Stop Work affects the Subcontract staff and the performance of work. The direction to resume work will be made in writing from the BTR. B. The Subcontractor shall provide for the flow -down of appropriate requirements of this clause to lower -tier subcontractors performing work on -site at a DOE -owned or leased facility. Such Subcontracts shall provide for the right to stop work under the conditions described herein. Statement ofWork FY2023 Law Enforcement EVOC Training at Hanford Patrol Training Academy (PTA) All Vehicles General All vehicles used atthe EVOCshall 6epolice orlaw enforcement vehicle no private vehicles authorized, Any reference to vehicles means police vehicles. Deliverables HAMMER/Hanford Training Center will: As requested by the PTA EVOC Program Manager (PM), in HFACTS complete and submit a Customer Requirements Form (CRF) to reserve the EVOC skills pad, track and trailer for the training dates agreed to by the PTA EVOC PM and the Law Enforcement Customer's Point of Contact (LE POC). Prepare and submit required contracting documents, e.g., Appendix A (Service Agreement), and a Cost Estimate, to the LE POC and others, if/as required. Give copies of any required documents to the LE POC for review and approval, Ensure paper copies of the aforementioned documents are maintained on file, including those that have been signed (approved) by the LE POC. Give copies of Appendix B (General Release and Indemnification Form) of the Service Agreement to the PTA EVO[PyWbefore training commences. The Hanford �PTA will: Unless pre -approved by the Commandant, PTA, allow only one agency at a time to use the EVOC. Confirm the LE POC wants his/her department personnel trained to the PTA's approved EVOC lesson plan' and not to a variation of same, e.g,one that has been modified, tweaked, revised orotherwise changed. Confirm the LE EVOC Instructors are certified for the type of vehicles the agency will bring to the training, Ensure only vehicles authorized for use on EVOC by Hanford PTA are used during the training event. Have the HAMMER LEPM reserve the EVO skills pad, track and trailer for the training dates agreed to bythe PTA EVOCPK4and the LEPOC Complete and submit/file the required HAMMER approval paperwork. Provide the LE Customer's personnel access to the EVOC classroom and props as scheduled, I All PTA lesson plans are required mbereviewed and approved bythe Hanford Patrol Protective Force Safety Organization to ensure the training can ueconducted mcompliance with applicable hazard analysis (reference SAS-73z1,Hazards Analysis Procedure) and PTA facility, Statement of Work FY2023 Law Enforcement EVOC Training at Hanford Patrol Training Academv (PTA) All Vehicles Provide the initial Pl7/EVO[facility training/safety briefing/orientation to EVOC LE POC before training Provide certification and recertification of LE POC EVOC instructors (Certification is per the Washington State Criminal Justice Training Center Requirements for EVOC Insructors). Have all EVOCstudents and the LECustomer's instructors/safety officers sign, date and turn intuthe PTA EVOC PM an Appendix B (General Release and Indemnification Form) to the Service Agreement, before training commences, Ensure training conducted per the PTA's approved EVD[lesson plan. LE Customer POC will: Submit the EVOCtraining request tothe PTA EVOCPMand confirm department personnel are tobe trained to the PTA's approved EVOClesson plan and m�tto @ variation of same, e.8,one that has been modified, tweaked, revised or otherwise changed. Upon receipt of required contracting documents, �g.,Appendix A (Contract Service Agreement), review and approve (sign/date) same if acceptable then return them to the HAMMER LE PM. If not acceptable, work with the PTA EVOCPK8and/or the HAMMER LEPyNtoresolve the imsue(s). Ensure that department personnel who are to be trained complete the PTA/EVOC facility training/safety briefing/orientation before training commences. Ensure each training participant reads, signs, dates and turns inanAppendix B(General Release and Indemnification Form) tothe PTA EN] PMbefore training commences. Ensure department personnel are trained inaccordance with the PTA's approved EVOClesson plan. During the period of his/her department's EVOC reservation, deny EVOC use to other external agencies unless prior approval hgranted bythe Commandant, Hanford Patrol Training Academy. Will ensure that their EVOC instructors recertify every two years or sooner as needed. Will ensure PTA approval for any vehicles not previously authorized for use at the EVOC. Contacts: MSA TechP0C: M.1(MicWThompson SU9'37G'468G'Office SO9'366'1431'Cell Finance POC: JolemeDeganmo 5D9-]73'5814'Office joleme' v dppacmno@r1,mov APPENDIX ToService Agreement No. SO07-23,24&3S With City ofYakima PD March 16,17,3O,&31'2UZ3 2023 Hanford Patrol Training Academy GENERAL RELEASE AND INDEMNIFICATION U.S. Citizens Lthe undersigned, expressly acknowledge that my participation in the Hanford Patrol Training Academy (PTA) training activities may expose me, either directly orindirectly, tucertain hazards inherent inthe transportation to, viewing of, and participating in the operation of training props and demonstrations. Such hazards may give rise to personal injury, including death, or property damage or loss. | have been informed and understand that HANFOR0D MISSION INTEGRATION SOLUTIONS, LLC ('HK8|S").prime contractor tothe UNITED STATES DEPARTMENT OFENERGY, RICHLAND OPERATIONS OFFICE ("[)OE").aDepartment of the United States ofAmerica (GoVemmen0donot provide accident, health, medical, disability, orother types ofinsurance for the protection ofthose who participate inthe PTA training activities. Furthermore, | understand that itiyrecommended that | have e medical insurance policy ineffect during myparticipation. I certify that if I have any reason (physical, medical or otherwise) which would impact my ability to participate in this training, I will advise PTA staff of my condition and follow instructions given me by PTA staff. |nconsideration ofthe privilege ofparticipating inPTA training activities, the undersigned, for myself, my heirs, administrators, executors, successors, representatives, and assigns, do hereby knowingly, willingly, and voluntarily assume any and all risks of accident, personal injury, or property damage to myself and to my property consistent with the State of Washington Comparative Fault Statute (R.C.W, 4.22). | agree tonow and forever release, acquit, discharge, indemnify, and hold harmless HMIS and DOE, their officers, officials, directors, representatives, agents, employees, and contractors, from and against any and all claims, loss, causes of action, suits, cost or expense for any and all personal injury, death, or property damage arising directly orindirectly from my participation in PTA training activities. Participant's Signature Date Participant's Name (Print) Organization, Company, Affiliation (Print)