11-155 - Seattle Fire Department - Property Use for Bio-Watch

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11 -155 Council Approval NIA MEMORANDUM OF AGREEMENT BETWEEN THE SEATTLE FIRE DEPARTMENT AND THE CITY OF TUKWILA FIRE DEPARTMENT REGARDING PROPERTY USE FOR BIO -WATCH This Memorandum of Agreement (MOA) will be effective upon the signature of both authorized representatives of the parties to this agreement to support the Department of Homeland Security (DHS) Bio -Watch program of the greater Puget Sound area administered by the Seattle Fire Department (SFD). This Agreement sets forth the terms and conditions allowing the SFD to locate an air sampler unit (PSU) on the property of the other party to this agreement. The following are the terms and conditions agreed upon by the parties to this Agreement: The term of this Agreement is for two (2) years from the date of signing by both parties, but with the option for renewal by the written agreement of both parties. The other party agrees to allow use of the property identified in this Agreement. In view of the public safety contribution of operating the PSU at this location, there will be no fee associated with its placement. The other party agrees to provide electrical power to the unit which will be located at the agreed upon suitable location for optimal operation which is six feet above ground level. Power will be made available as soon as practical but within 30 days from the date of signing by both parties. The other party of this MOA agrees to allow access to the PSU at all times by the company contracted by the SFD to perform sample collection and unit maintenance for the Bio -Watch program. The other party to this MOA agrees to keep site location and specifics of the Bio Watch program on a "need to know basis" to only those directly involved with the Bio -Watch program. The other party to this MOA will be held harmless for injuries or accidents resulting from actions in connection with this program that take place on the identified property and caused by the company that services the PSU. The other party makes no guarantees, warranties or representations as to the safety or suitability of the property for the uses authorized under this Agreement. The other party shall have no liability, whatsoever, including but not limited to special, incidental or consequential damages, for any loss or liabilities, including damage to the Bio Watch device, resulting from use of the property pursuant to this Agreement except for claims arising from the negligence or malfeasance on the part of the other party, its agents, or employees. Bio -Watch Memorandum of Agreement