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HomeMy WebLinkAboutPW12-104 - Original - Kent Fire Department Regional Fire Authority - Release for Training Exercises - 6/1/12 Agreement and Release to Enter Real Property and Conduct Training Exercises The Kent Fire Department Regional Fire Authority ("RFA") and the city of Kent ("City"), both municipal corporations established under the laws of the state of Washington, enter into this Agreement and Release to Enter Real Property and Conduct Training Exercises ("Agreement") as follows: Recitals The RFA provides training to RFA personnel and to non-RFA personnel. From time to time, the training provided by the RFA would best be completed on City property such as in City buildings, water towers, parks and park facilities, parking lots, roadways, open space, etc. It is recognized that on occasion, injuries or damage to persons or property may occur during various training exercises. The parties agree that the RFA shall be responsible for all injuries and damage to persons or property that occur during RFA training exercises, notwithstanding that the training occurs on City property. The parties agree, therefore, to this release and indemnification in order to effect that purpose. The parties further agree that, while permission to enter City property to perform training will be required on a case-by-case basis, this release and indemnification shall remain effective for all training that occurs on City property, and that a separate or new release and indemnification will not be required for each instance in which training on City property occurs. Release and Indemnification Section 1: The RFA agrees that permission for each instance of training on City property is required, and that the details of the training exercise will be disclosed to the City when the RFA seeks permission from the City to use City property. Section 2. The City agrees that it will not unreasonably withhold from the RFA permission to use City property; provided, however, the City retains the right to deny or condition access to or the use of City property on the timing of the training or the type of training to be performed. Section 3: The RFA agrees that in the event the City grants permission to perform training on City property, or, in the event the RFA performs training on City property without first obtaining permission, the terms of Sections 4 through 8 shall apply. Section 4: In consideration of the RFA's use of City property for training exercises, the RFA agrees to indemnify, defend, and hold harmless the City from all lawsuits, damages, claims, judgments, losses, liability, or expenses for personal injuries or property damage of any kind or nature that arise out of or in connection with the Page 1 of 2 training exercise or the use of the City's property for the training exercises; provided, this section shall not apply to the extent that the injury or property damage is caused by the negligence of the City. In the event any lawsuits or claims of any type are filed with or against the City relating to the training exercise, the lawsuit or claim shall be tendered to the RFA for defense and indemnification. Section 5: The RFA agrees that it will thoroughly inspect the City property where the training exercises occur prior to the commencement of training in order to identify any apparent defects or any hidden or latent defects that may be discovered by an inspection to the City property, and, by entering the City's property to perform that training, the RFA assumes the risk of any defects hidden, latent, or otherwise, that exist on the property. Section 6: The RFA assumes the risk of any RFA employee, volunteer, agent, or official, as well as all third parties, that may directly or indirectly participate in, direct, observe, support, or assist in the training exercise, whether those persons or entities are or are not RFA employees, volunteers, agents or officials. To this end, the duty to defend, indemnify and hold the City harmless shall apply to RFA employees, volunteers, agents, and officials, and shall also apply to any other person or entity who engages or supports in any manner in the training exercise, including contractors, vendors, or agents utilized by the RFA for the purposes of planning or conducting the training, including employees, volunteers, agents, and officials from other agencies or entities who participate in the training exercise. Section 7: The RFA shall be responsible for all damage to and costs of repair to City property in the event that the property is damaged during or as a result of the training exercises. Specifically, the RFA agrees that it will not use or deposit any i hazardous or toxic chemicals on City property. Section 8: The RFA agrees to return any property at which a training exercise occurs to the same condition the property was in prior to conducting the training exercise. Section 9: This Agreement shall remain in full force and effect until terminated by either party in writing; provided, the termination of this Agreement shall not be effective as to any conduct, injury, or property damage that occurs prior to the date of termination. By signing below, the RFA and the City represent that they have read, understand, and approve this Agreemen and Release to Enter Real Property and Conduct Tra Exercises. AA (5q:uz tte ooke, Mayor Jim Schneider, Chie 10 otyent Kent Fire Department Regional Fire Authority Date: �D i a— Date: v�avnyomis�cano-.c.,n.iw U.a mncanan I�P.M U.Tr.MMI U.c Page 2 of 2 1440!0!0�A REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes µ' b1 IN IT.N Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Ron Halverson Phone (Originator): 5611 Date Sent: 5/31/12 Date Required: ASAP Return Signed Document to: Ron CONTRACT TERMINATION DATE: Upon notice Halverson of termination VENDOR NAME: Kent Fire Department DATE OF COUNCIL APPROVAL: N/A Regional Fire Authority Brief Explanation of Document: The City is entering into an agreement and release to allow the Kent Fire Department Regional Fire Authority access to city property to conduct training excercises. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law De t.: 01Z Law Dept. Comme ts. DE r J Date Forwarded to Mayor: Shaded Areas To Be Completed By Administra ion'Staff-, Received: fl� l Recommendations and Comments: rt,rl Disposition: 600z- Date Returned: