The URL can be used to link to this page

Home My WebLink AboutLW15-253 - Original - Kent Fire Department Regional Fire Authority - Release, Hold Harmless, and Indemnification Agreement - 07/22/2015 Ir Records M � tigeme KENTa WA9 XIN OTOH Document� i �cF` CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Kent Fire Department Regional Fire Authority Vendor Number: JD Edwards Number Contract Number: LW 15 - 5 This is assigned by City Clerk's Office Project Name: Release, Hold Harmless, and Indemnification Agreement for the Use of City of Kent Property by the KFDRFA for the Purposes of Conducting Training Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Agreement Contract Effective Date: Once Executed Termination Date: Upon Written Notice Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kim Komoto Department: Law Contract Amount: None Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): i As of: 08/27/14 Release, Hold Harmless, and Indemnification Agreement for the Use of City of Kent Property by the Kent Fire Department Regional Fire Authority for the Purposes of Conducting Training This Release, Hold Harmless, and Indemniflcatlon Agreement for the Use of City of Kent Property by the Kent Fire Department Regional Fire Authority for the Purposes of Conducting Training ("Agreement") is entered Into between the city of Kent ("City"), a Washington municipal corporation, located at 220 Fourth Avenue South, Kent, Washington 98032 and the Kent Fire Department Regional Fire Authority ("KFDRFA"), a Washington municipal corporation formed in accordance with Chapter 52.26 RCW, located at 24611 116t" Avenue S.E., Kent, Washington 98030. Recitals 1. From time to time, the KFDRFA wishes to use property owned by the City ("Property") for the purpose of conducting training for KFDRFA personnel. 2. The City is willing to grant access to Property on a case-by-case basis on the condition the City runs no risk of liability or property damage as a result of KFDRFA training. Procedures 1. The KFDRFA shall only conduct training upon written approval of the City department head, or his or her designee, who's department is responsible for the operation or maintenance of the Property in which the training is to be conducted. 2. Training shall be conducted at such times and in such a manner so as to not cause an interruption of use of the Property or an Inconvenience to the public. 3. When the KFDRFA has completed the training, the Property shall be returned to as good a condition as prior to the training. 4. Any damage to the Property, whether caused by the KFDRFA or not, shall be reported Immediately to the appropriate City department head or designee. Agreement and Release to Enter Real Property Page 1 of 4 and Conduct Training 5. The provisions of the below Release and Indemnification shall apply to each and every use of Property by the KFDRFA for training purposes that occurs after the last date of signature, and each use of Property by the KFDRFA need not have this Agreement attached for it to be effective and applicable to each use. Release and Indemnification 1. In consideration of KFDRFA's use of the Property, KFDRFA agrees to indemnify, defend, and hold harmless the City from all lawsuits, damages, claims, judgments, losses, liabilities, or expenses for personal Injury or property damage of any kind or nature that arise out of or in connection with the training or the use of the City's Property. In the event any lawsuits or claims of any type are flied with or against the City relating to the use of the Property or trainings, the lawsuit or claim shall be tendered to the KFDRFA for defense and indemnification and the KFDRFA shall accept such tender. 2. KFDRFA agrees that it will thoroughly inspect the Property where the trainings will occur prior to the commencement of the trainings in order to identify any apparent defects or any hidden or latent defects that may be discovered by an Inspection of the Property, and by entering the Property to perform those trainings, KFDRFA assumes the risk of any defects hidden, latent, or otherwise, that exist on the Property. 3. KFDRFA assumes the risk of any KFDRFA 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 trainings, whether those persons or entitles are or are not KFDRFA employees, volunteers, agents or officials. To this end, KFDRFA's duty to defend, Indemnify and hold the City harmless shall apply to Injuries or property damage incurred by KFDRFA employees, volunteers, agents, and officials, and any other person, entity, public agency, Agreement and Release to Enter Real Property Page 2 of 4 and Conduct Tralning contractor, vendor and their respective employees, volunteers, agents or officials who engage in or support in any manner the tralnings. 4. The KFDRFA shall be responsible for all damage to and costs of repair to the Property In the event the Property is damaged during or as a result of the trainings. In addition, KFDRFA agrees that it will not use or deposit any hazardous or toxic chemicals in or upon the Property. 5. KFDRFA agrees to return any Property at which the training occurs to the same condition the Property was in prior to conducting the training. The repair of any damage to Property that occurs during or from the training shall be the sole responsibility of the KFDRFA. The KFDRFA shall indemnify, defend, and hold harmless the City and each of Its employees, officers agents and volunteers for any Injury or property damaged caused by damage to the Property that occurs as a result of the training, or caused by the Property not being left in as good a condition as the Property was in prior to the training. This Agreement shall remain in full force and effect unless and until terminated In writing by either party or superseded by another agreement. In the event of termination or a superseding agreement, the terms of this Agreement shall remain applicable to the use of any Property for training that occurred prior to the termination or the effective date of the superseding agreement. If any section, subsection or other portion of this Agreement is deemed unenforceable by operation of law or a court with jurisdiction to make such determination, the remainder of this Agreement shall remain enforceable and effective. By signing below, KFDRFA and the City represent they have read, understand, and approve this Agreement, and have authority to sign this Agreement. Agreement and Release to Enter Real Property Page 3 of 4 '... and Conduct Tralning CITY OF KENT KENT FIRE DEPARTMENT 220 Fourth Avenue South REGIONAL FIRE AUTHORITY Kent, WA. 98032 24611 116th Avenue S.E, Kent, WA 98030 Telephone: _.7 1Z May r o the city of Kent Chief of the Kent ire Department Reglonal Fire Authority Date: ate" ``� _ Date; i F:\CNiI\Glei\OOe�EIkS1�Ef-Peglenal Pm/Nnmry\4y.numenl AM Eema io EMe.Gry PxvL Ompsly.0ev II III Agreement and Release to Enter Real Property Page 4 of 4 and Conduct Training REQUEST FOR MAYOR'S SIGNATURE ® t r orv- i r for ICETdT w,,. . ,.. Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director_ 0rl g Ina to r: Kim Komoto Phone (Originator): 5788 Date Sent:7122115 Date Required: 7/27/15 Return Signed Document to: Kim Komoto Contract Termination Date: upon written Nolice VENDOR NAME: Date Finance Notified: (Only required on contracts N/A 10 000 and over or on ary Grant DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: N/A NIA (Required on Non-City Standard Contracts/Agreements) Has this Document been Specifically Account Number: N/A Authorized in the Budget? ® YES 0 NO Brief Explanation of Document: Release, Hold Harmless, and Indemnification Agreement for the Use of City of Kent Property by the Kent Fire Department Regional Fire Authority for the Purposes of Conducting Training. All Contracts Must Be Routed Through The Law Department I(Thts area£to be completed by the Law Department) —-f ,-p` ,.�y t.... r Received: . " a , ' t t t Approval of Law Dept.: , Law Dept. Comments: - . a. 3t , Date Forwarded to Mayor. . ? Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: r Date Returned P'.1CNiIF 0 cumx.I Pao liRe4uesl wM y 59 1 ieb04%