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VOLPENTEST HAMMER FEDERAL TRAINING CENTER
<br />SERVICE AGREEMENT
<br />No. HMR-SA-17 -005
<br />THIS AGREEMENT, effective this 11th day of May 2017, is made by and between MISSION SUPPORT
<br />ALLIANCE, LLC ("MSA") , prime contractor to the UNITED STATES DEPARTMENT OF ENERGY,
<br />RICHLAND OPERATIONS OFFICE ("DOE"), a Department of the United States of America
<br />(Government) and the _Kittitas County Sheriffs Office_ ("Customer").
<br />ARTICLE I. SCOPE OF SERVICES
<br />Subject to the terms and conditions set forth below, MSA has been authorized by DOE to, and shall,
<br />furnish to Customer certain equipment, services, and/or staff for training purposes (hereinafter referred to
<br />as the "Activity") as described in Appendix A, which is attached to and made a part of this Agreement.
<br />ARTICLE II. COSTS AND INVOICING
<br />Costs associated with the Activity will be invoiced to and paid by Customer to the account of MSA in
<br />accordance with the pricing policy described in Appendix A.
<br />ARTICLE III. SCHEDULING
<br />Customer understands and agrees (i) that the Activity is subject to the priority of the DOE on a not-to-
<br />interfere basis; and (ii) that DOE, through its facility administrator MSA, has sole responsibility and
<br />discretion for allocating and scheduling use of the equipment, services, and/or staff needed for or
<br />involved in the Activity.
<br />ARTICLE IV. LIABILITY AND INDEMNITY
<br />A. Neither the Government nor DOE and its agents, employees, or contractors (including MSA) or
<br />other persons acting on their behalf, including officers, directors, officials, representatives,
<br />employees, staff, and subcontractors will be responsible for any personal injury or damage to or
<br />destruction of property of any kind whatsoever resulting from the furnishing of and use by Customer
<br />of equipment, material, and/or staff under this Agreement, unless directly resulting from the
<br />negligence of the Government, DOE, or agents or persons acting on their behalf. consistent with the
<br />Washington Comparative Fault Statute (R.C.W. 4.22 et seq.).
<br />B. Neither the Government. nor DOE and its agents, employees, or contractors (including MSA), or,
<br />and other persons acting on their behalf, including officers, directors, officials, representatives,
<br />employees, staff, and subcontractors will be responsible, irrespective of cause. for failure to furnish
<br />any equipment, material, and/or staff under this Agreement at any particular time or in any particular
<br />manner when the interests of the Government preempt any schedule.
<br />C. Customer shall indemnify the Government. DOE, and their agents, employees, or contractors
<br />(including MSA), and other persons acting on their behalf, including officers, directors, officials,
<br />representatives. employees, staff, and subcontractors , for aU damages, claims, costs, and
<br />expenses, including attorney's fees , arising from personal injury (including death) or property
<br />damage or destruction occurring as a result of using the equipment or material furnished under this
<br />Agreement. Customer shall give notice to MSA as soon as practicable of any claim made against
<br />the Government, DOE, or their agents or other persons acting on their behalf and/or Customer and
<br />afford them the opportunity, to the extent allowed by applicable laws. rules, or regulations, to
<br />participate in and control their defense. Customer shall provide reasonable assistance and
<br />information to the Government, DOE, MSA, and their agents and other persons acting on their
<br />behalf to support their defense. To the extent that Customer and Customer's Personnel are
<br />covered by the Washington Industrial Insurance Act (R.C.W. Title 51) or any other industrial
<br />insurance, workers compensation, or similar act, Customer specifically waives any and all immunity
<br />provided under these acts and their regulations and rules.
<br />Effective 2{1/13
<br />RECEIVED
<br />KITTITAS COUNTY SHERIFF
<br />ACCOUNTING
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