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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