Third Party Tort Claims. 29. Nothing in this Agreement shall be deemed to create an employee/employer relationship between the parties. All third-party claims against the parties shall be adjudicated pursuant to the applicable tort claims acts and should be referred to the agency or agencies whose employees were involved in the incident. Agency points of contact for third-party claims are as follows: State of California claims: Victim Compensation and Government Claims Board 630 “K” Street Sacramento, CA 95814 U.S. Forest Service claims: U.S. Forest Service Albuquerque Service Center Claims Management 000X Xxx Xxx. XX Xxxxxxxxxxx, XX 00000 National Park Service claims: National Park Service Fire Management Xxxxxx 000 Xxxx Xx., Suite 500 San Francisco, CA 94104 Bureau of Land Management claims: Bureau of Land Management Fire and Aviation Xxxxxx 0000 Xxxxxxx Xxx, Xxxx X-0000 Xxxxxxxxxx, XX 00000 Fish and Wildlife Service claims: Fish and Wildlife Service Pacific Southwest Region 0000 Xxxxxxx Xxx, Xxxx X-0000 Xxxxxxxxxx, XX 00000 Bureau of Indian Affairs claims: Bureau of Indian Affairs Branch of Fire and Aviation Management 0000 Xxxxxxx Xxx, Xxxx X-0000 Xxxxxxxxxx, XX 00000 Reimbursement Dispute Resolution
Third Party Tort Claims. Recital 29 Added clarifying language “nothing in this Agreement shall be deemed to create an employee/employer relationship between the parties. All third-party claims against the parties shall be adjudicated pursuant to the applicable tort claims acts and should be referred to the agency or agencies whose employees were involved in the incident”. This recital describes a third-party claim (pursuant to a Tort Claim) rather than a reimbursement claim pursuant to the terms and conditions of the CFAA, as well as agency points of contacts for third-party claims. Pages 8 & 9 Dispute Resolutions Recital 30-31 Added a process for disputes relative to reimbursement, denials, or interpretation of the provisions of the CFAA for local agencies and parties signatory. Page 10 Effective Date and Termination Recital 38 Added language to allow any party to withdraw from the Agreement without terminating the Agreement for all other remaining parties. EXHIBIT A Clause A-1 This clause describes accrued financial liability for the costs of assisting the State of California and Federal Fire Agencies as the basis for reimbursement. The language requires a local agency to utilize standard accrual accounting principles. If a local agency does not have a standard in place, and is looking for a sample or similar to validate and track accruals, we have provided your agency with a sample on the 2020 Salary Survey Instructions. Your agency may be required to submit documentation at any point requested by each of the parties validating the accrued financial liability through this method for any response. Accrual accounting is a method whereby revenue or expenses are recorded when a transaction occurs rather than when a payment is received or made.
