HomeMy WebLinkAbout11-155 - Seattle Fire Department - Property Use for Bio-Watch11 -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
To the extent permitted by law the City of Seattle, acting through the SFD, does
hereby agree to protect, defend, indemnify and hold the other party harmless from
and against any and all liability, loss, damage, expense, actions and claims,
including costs and reasonable attorney's fees incurred by the other party in defense
thereof, resulting or arising directly or indirectly on account of or out of the negligent
acts or omissions of the SFD or its agents, representatives, employees or
contractors in the exercise of the rights granted herein; provided, however, this
paragraph does not obligate the City of Seattle to indemnify the other party against
liability for damages arising out of bodily injury to persons or damage to property to
the extent caused by or to the extent resulting from the negligence or malfeasance of
the other party's agents or employees.
The other party will notify the SFD with sufficient notice if the site where the PSU is
located needs to be changed or modified.
Any changes, additions, or amendments to this Memorandum of Agreement are to
become effective only with written agreement by both parties.
This Memorandum of Agreement can be terminated, for any reason, with 30 days'
written notice to the opposite party.
Property Identification:
Address: Station 51, 444 Andover Park East, Tukwila, WA 98188
Lat /Long: 47.451785 122.250053
Mutually agreed upon by the following representatives of the parties:
FOR THE SEATTLE FIRE DEPARTMENT
A.D. Vickery, Assistant Chief Date
FOR THE CITY OF TUKWILA FIRE DEPARTMENT
c
Jim Ha a n, Mayor Tukwila Date
Bio -Watch Memorandum of Agreement