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HomeMy WebLinkAbout97-101 - MA Segale Inc - Disaster or Emergency Relief AssistanceCity of Tukwila Steven M. Mullet, Mayor Fire Department Thomas P Keefe, Fire Chief Agreement to Terminate Memorandum of Agreement dated November 4, 1997 The parties to the Memorandum of Agreement dated November 4, 1997 between the City Of Tukwila and M.A. Segale, Inc desire to terminate the same It is, therefore, mutually agreed that the aforesaid Memorandum of Agreement is hereby terminated IN WITNESS WHEROF, the parties hereto have set their signatures this 5 day of June 2002 Steve Mullet, Mayor City Of Tukwila NTh Steve Mullet, Mayor M.A Segale on behalf of now dissolved M.A. Segale, Inc Headquarters Station. 444 Andover Park East a Tukwila, Washington 98188 • Phone 206 575 4404 • Fax: 206 575 4439 City of Tukwila Fire Department i / 1 John W Rants, Mayor MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF TUKWILA AND M. A. SEGALE, INC . Thomas P Keefe, Fire Chief THIS AGREEMENT is made this 4th day of November , 199 7 , by and between the CITY OF TUKWILA, a municipal corporation of the State of Washington, hereinafter referred to as "the City," and M. A. SEGALE, INC. hereinafter t referred _ o 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 risk 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. heavy construction equipment, and b. _sand and gravel products, and asphalt 13 1997 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 risk to the health, safety and welfare of the City's citizens. 3 Compensation. Business shall be compensated by the City as follows For the items described in Paragraph 1 a , compensation will be provided at the then current prevailing applicable Blue Book rental rate for equipment, and at Business' cost plus twenty percent (20%) for related labor/personnel For the items described in Paragraph 1 b , compensation will be provided at Business' then current posted list price for such items Washington State Sales Tax will also be paid where applicable 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 Industrial Insurance Act, for injuries 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 lti©J• , 1997 CITY OF TUKWILA By• Approved as to form. Robert F Noe, City Attorney -2 BUSINESS By• M. A. Se2ale, Pres. (Name Punted) mu I 3 1997 T.F.D. Form # 199