HomeMy WebLinkAboutPW10-223 - Original - Kent Fire Department Regional Fire Authority (RFA) - Perform SCBA Fit-Testing - 09/28/2010 INDEMNITY AND HOLD HARMLESS AGREEMENT
RECITALS
1. The City of Kent "City" has a need for a qualified individuals to perform Self
Contained Breathing Apparatus "SCBA" fit-testing for its SCBAs
2. Kent Fire Department Regional Fire Authority "RFA" has qualified personnel to
perform SCBA fit-testing for the City
AGREEMENT
As consideration for and as a condition of providing the fit testing services the City of Kent the
City agrees to the following.
1. The City shall be wholly responsible for the purchase, operation, maintenance, repair
and quality of its SCBAs.
2. The City agrees to indemnify and hold the RFA, its officials, employees and agents
harmless from and against the full amount of any and all costs and expenses
(including without limitation, attorneys' fees and court costs incident to any suit,
action, investigation or other proceeding), damages and losses, settlements,
reductions or other adverse effects (collectively, "Losses") arising out of or resulting
from any claims by the City, its personnel, agents and third parties relating to any
occurrence, accident or incident that may hereafter arise pursuant to the RFA's fit
testing services or the City's use of the SCBA's that have been fit tested by the RFA.
3. It is further specifically and expressly understood that the indemnification
provided herein constitutes the City's waiver of immunity under industrial
insurance, Title 51 RCW, solely to carry out the purposes of this indemnification
clause. The parties further acknowledge that they have mutually negotiated this
waiver.
4. This agreement is intended to include any and all claims, demands, obligations,
actions, causes of action, damages and costs of any nature whatsoever, whether based
on tort, contract, strict liability, constitutional claims, or other theory of recovery
which now exists or which may hereafter arise pursuant to the RFA's fit testing
services or the City's use of the SCBA's that have been fit tested by the RFA.
Executed this W day of ,2010.
C ityz0f Kent,
By.
Kent Fire Department Regional Fire Authority
By: W iMGIV.tJt(t/�C/�