Loading...
HomeMy WebLinkAboutContract r � . CAG-06-134 i � Joint AgreF rt and Memorandum of Understan� ;Between: The City of Renton and King County Fire Protection District#25 and The American Red Cross serving King and Kitsap Counties Concerning the Disaster Relief Supply Building and its Supplies PARTIES: City of Renton 1055 S Grady Way Renton, WA 98055 425-430-6400 King County Fire Protection District#25 Renton's Training Center 1900 Lind Av SW Renton, WA 98055 425-255-5151 The American Red Cross serving King and Kitsap Counties is a non-profit (501 (c)(3)) entity, Chartered by The American Red Cross. The mailing address of the organization is: American Red Cross Chapter serving King and Kitsap Counties PO Box 3097 Seattle, Washington 98114-3097 206-323-2345 DEFINITIONS: Owner. City of Renton and King County Fire Protection District#25, as defined under parties. Red Cross. American Red Cross Chapter serving King and Kitsap Counties, as defined under parties. Disaster Relief Supplies. Goods and materials used to permit disaster victims to recover from the effects of a disaster. Examples of such materials and supplies include, but are not limited to, cots,blankets, paper and hygiene products, forms and documentation, and related items. DERT. A Disaster Emergency Response Trailer is a 12' or 16' horse trailer stocked with the Disaster Relief Supplies necessary for opening and operating a Red Cross shelter. LERT. A Logistical Emergency Response Trailer is a 12' or 16' horse trailer stocked with the Disaster Relief Supplies necessary for opening and operating a Red Cross operational headquarters. Storage Building. A physical structure used to store Disaster Relief Supplies and/or a DERT and/or a LERT. The building referred to in this document is a 24' x 36' "pole building"built on a foundation of wooden posts (poles)with a wooden truss roof enclosed in painted steel. The building has a concrete floor and an 8' concrete or asphalt fronting apron. Access is gained through garage doors and a side entrance door. Interior and exterior lighting is provided through a low voltage, solar panel, system. Storage Container. A storage container is defined as a twenty(20) or forty(40) foot trans-oceanic shipping container of the type used to transport goods and materials via road and waterway transport. Memora�idum of Understanding page ( of�5 Red C�ross, City of Renton, arni KC'FPD �?25 , II � i :' Y � Localized Emergency. A man-made or naturally occurring disaster event which results in the displacement of citizens in the community, but which does not affect such a number of people that would necessitate the enactment of the county disaster plan. I Declared Disaster. A disaster which receives official recognition from state government because of the magnitude of the disaster or the number of people affected by the event. PREAMBLE: All parties represented herein have determined that there is a need to stockpile and stage disaster relief supplies throughout King and Kitsap Counties for use by disaster responders and ultimately,by citizens during a disaster. It is anticipated that by de-centralizing and pre-positioning Buildings and Storage Containers with Disaster Relief Supplies in several community locations throughout King and Kitsap Counties the issuance of Disaster Relief Supplies during times of a declared disaster or localized emergency will be expedited. It is further recognized that government, citizens, and non-governmental organizations must coordinate response and recovery efforts in an effort to make the best use of limited resources and avoid du lication of services. Finall , it is reco ized that there ma be disaster events in P Y � Y the region which may be so devastating that transportation and communication services are disrupted. By compartmentalizing resources and services for affected community members, localized regions may find it necessary to engage in sheltering and other community support during times of disaster. It is the hope of all parties represented in this document that through this formalized agreement our goal will be to help ease suffering and save lives during or after a major disaster. IT IS UNDERSTOOD THAT: 1. The Owner has provided space on Owner property to construct a Storage Building. This space is at the following location: Firc Station�16: 12�23 156`h Avc SE, Rcnton, WA�t05�, rarcel�1423�5���5 The proposed building area is in the southwest corner of this property, behind the parking lot and the existing storage containers. Space for the Building at this location shall be provided free-of-charge to the Red Cross by the Owner. There is absolutely no expectation of current or future costs, expenses, or taxes to be owed by the Red Cross for use of this space to host the Building. 2. The Owner acknowledges responsibility for keeping the Building's access points free and clear of vehicles, debris, or other obstructions which would prevent unfettered access and/or movement of the Disaster Relief Supplies in the event of a Localized Emergency or a Declared Disaster. If the Building is located behind a locked gate, the Owner shall provide the Red Cross with a key or code for 24-hour and immediate access to the Building. As the host and owner of the property, the Owner agrees to periodically monitor the Building's exterior condition and notify the Red Cross of any signs of damage, unauthorized access, or other conditions that might compromise the Building's contents. 3. The Red Cross shall assume all responsibility, costs, and liability for the construction of the Building. This includes all permitting, surveying, site planning, land prepping, and construction. During construction the Red Cross may request nominal support from the Owner personnel to supply existing documentation such as plats, site plans, previous permits, contacts, etc. to facilitate the permitting and Nlernora�Idum of Understanding page 2 of 5 Red Cross, City of Renton, and KC'FPD #t2� I � t. construction process. It is � ;ipated that this support would be pro ;d by the Owner at no charge. 4. Once constructed,the Red Cross acknowledges responsibility for the maintenance of the exterior of the Building. Maintenance includes that level of care which preserves the integrity and usability of the Red Cross Disaster Relief Supplies stored inside, including,but not limited to,periodic inspections; cleaning, roof sealing and leak prevention; roof replacement; painting and rust prevention. 5. The Red Cross acknowledges responsibility for maintaining and keeping the Disaster Relief Supplies inside the Building usable and current at all times. This includes,but is not limited to,periodic inspection of the contents; replacement or removal of damaged or deteriorated items; rotation, replacement, or removal of expiring items. The Red Cross reserves the right to alter the leveUquantity of supplies stored in the Building at any time. 6. The Red Cross shall provide the Owner with access to the Disaster Relief Supplies stored in the Building via a combination key box attached to the exterior of the Building. The Owner is permitted to give out the key box combination to Owner personnel they deem appropriate for access to the Building. 7. In response to a Localized Disaster, when authorized by the Red Cross, the Owner may use or authorize use of the Disaster Relief Supplies stored in the Building. 8. In response to a Declared Disaster, when authorized by the Red Cross, King County may use or authorize use of the Disaster Relief Supplies in this Building or other Red Cross disaster supply caches. Such a Disaster Declaration must come from the King County Office of Emergency Management, Washington State Department of Emergency Management, or the Red Cross. It should be understood that use of the supplies in a Declared Disaster supersedes use of the supplies for a Localized Emergency. 9. Since Red Cross disaster response often crosses county lines, the Red Cross reserves the right to send these Disaster Relief Supplies outside of King County in support of mutual aid agreements with other Red Cross Chapters or as requested by State, Service Area, or National Red Cross officials. 10. This Building and its contents shall be and shall remain the property of the Red Cross. In the event that the Owner sells, leases, or otherwise relinquishes their ownership or control of the property on which the Building sits, it shall give the Red Cross 90 days written notice advising them of the situation. The Owner agrees to negotiate in good faith with any future owner of the property to continue to gratis host the Building and the Disaster Relief Supplies under a Memorandum of Understanding similar to this one. 11. Conversely, if circumstances arise which require that the Red Cross permanently move the Disaster Relief Supplies stored in the Building, the Red Cross shall notify the Owner in writing 90 days in advance as to the reasons for the move, the move date, and the new supply location. The temporary movement of supplies to respond to a Localized Emergency or a Declared Disaster does not require this notification. 12. It is extremely important that all participants to this agreement understand the requirements of this agreement, in full. The signatory of each party is responsible for ensuring the party's performance in compliance with this agreement ("responsible person"). In order to avoid misunderstanding(s) regarding a party's rights and responsibilities relative to the Building, each signatory shall institute a method for informing their successor about the terms of this agreement. After the new responsible person has reviewed the agreement, they will send a copy of the agreement dated and including the new responsible person's signature, to the other party and confirm receipt thereof. In this way, each party's responsible person will always know who the responsible person for the other party is. Memora�Idum of Understandin� p�ge � of�5 Red Cross, C'ity of Renton, and KCFPD #2� i , �' r� 13. Hold Harmless: Each party shall protect, defend, indemnify and save harmless the other party, its officers, officials, employees and agents while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses,penalties,judgments, and/or awards of damages, of whatsoever kind arising out of, or in connection with, or incident to the services associated with this Contract caused by or resulting from each party's own negligent acts or omissions. Each party agrees that it is fully responsible for the acts and omissions of its own subcontractors, their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 14. Severabilitv: The invalidity of any provision of this agreement as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision herein. 15. Tertn: The term of this agreement shall commence on the date of the final signature of both parties and be subject to annual review on the final signature date. The agreement will remain in effect unless a request for modification or termination by either party is sent to the other party, in writing with at least 60 days notice. A letter of explanation of the requested modification or termination will accompany the notice in order to give the other party a chance to make the necessary changes. It must be remembered, the safety and well being of the citizens of King and Kitsap Counties and its municipalities is the goal of this agreement. i N1e�nora�ldtim of�lJlldeY•standing pa�e 4 of�5 Red C�ross, City of Renton, and KCFPD #2� /� AGREEMENT The signatories below agree to the provisions above and will adhere to them during the course of this agreement. This agreement supersedes and replaces all previous agreements. For City of Renton ��u ��Z a�� � Kathy Keol�er � Date Mayor Attest: ��;x�� J C�� ?'ao-aoo� Bonnie�alton Date City Clerk For King County Fire Protection District#25 , ._ `'.� �C�L�oG My�n R. Meikle `Date King County Fire Protection District#25 Board Chairman i � � � �.,.:�<.� ,.���-- ��'/ � . , ���BOG Thomas L. Tasa Date King County Fire Protection District#25 Commissioner ' c� l2ol0 � Ray '11 aux \ bate ` King ounty Fire Protection District#25 Commissioner For Red Cross Chapt serving Ki an itsap Counties � � � �/� � Jol�i��!l/`� Date Director of Emergency Services Metnora�ldum ol�lJnderstandir�g page 5 of 5 Red Cr•oss, City of Renton, and KCFPD ##25 , �