HomeMy WebLinkAbout98-043 - National Rent-A-Fence - Disaster or Emergency Relief AssistanceCity of Tukwila
John W. Rants, Mayor
Fire Department Thomas P Keefe, Fire Chief
MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF TUKWILA AND NATIONAL RENT -A -FENCE
THIS AGREEMENT is made this ` day of , 199_, by and between
the CITY OF TUKWILA, a municipal corporation of the State of Washington, hereinafter
referred to as "the City " and NATIONAL RENT -A -FENCE. hereinafter referred to as
"Business."
WHEREAS, the Mayor or his designee may declare a natural or other disaster as defined
in TMC 2 56 020, and
WHEREAS, in the event of a natural or other disaster, or in the event of any other
emergency situation posing a risk to the health, safety and welfare of its citizens, the City may
not have sufficient equipment at its immediate disposal to aid in such disaster or emergency
relief; and
WHEREAS, the City desires to have additional construction, heavy equipment and/or
other equipment at its disposal in the event of such a disaster or emergency situation so that it
may provide relief to its citizens in a timely fashion, and
WHEREAS, Business desires to assist in any disaster or emergency relief which may
occur within the City by providing equipment, services, and other resources which the City may
require to provide relief to its citizens, NOW, THEREFORE,
THE PARTIES AGREE AS FOLLOWS
1 Equipment/Other Resources. In the event of a natural or other disaster, or in the event
of any other emergency situation posing a nsk to the health, safety and welfare of the citizens of
Tukwila, as declared by the Mayor or his designee, Business agrees to make available, for use by
the City in providing relief of any such disaster or emergency situation, the following
equipment/resources
a.
b
c
d.
Headquarters Station. 444 Andover Park East • Tukwila, Washington 98188 • Phone: (206) 575-4404 • Fax (206) 575-4439
2 Operators. Business agrees to provide any personnel necessary to operate the
equipment identified in section 1 of this Agreement in the event of a natural or other disaster, or
in the event of any other emergency situation posing a nsk to the health, safety and welfare of the
City's citizens
3 Compensation. Business shall be compensated by the City as follows
4 indemnification. Business shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, including
attorney's fees, arising from injury or death to persons or damage to property occasioned by any
negligent act, error, omission or failure of Business, its officers, agents and employees, in
performing the work required by this Agreement. With respect to the performance of this
Agreement and as to claims against the City, its officers, agents and employees, Business
expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industnal
Insurance Act, for injunes to its employees, and agrees that the obligation to indemnify, defend
and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of
any employee of Business This waiver is mutually negotiated by the parties This paragraph
shall not apply to any damage resulting from the sole negligence of the City, its officers, agents
and employees. To the extent any of the damages referenced by this paragraph were caused by
or resulted from the concurrent negligence of the City, its agents, officers, or employees, this
obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of
the negligence of Business, its officers, agents, and employees.
IN WITNESS WHEREOF, the parties hereto have set their signatures this day of
, 199'
CITY OF TUKWILA NATIONAL RENT -A -FENCE
By- \ , , f,( / r. ,
Johi W Rants, Mayor
Approved as-te 1.
Noe, ►ity Attorney
2
By.
(Name Pnnted)
T.F.D Fonn # 199