HomeMy WebLinkAboutR-1990-D5843 Mock Evacuation exerciseRESOLUTION NO.
D 5843
A RESOLUTION ratifying an Indemnification Agreement with
Yakima County.
WHEREAS, Yakima County requested the City of Yakima to
participate in a mock evacuation exercise at the County Court-
house on October 25, 1990, and
WHEREAS, the City of Yakima did participate in said mock
e\acuation exercise; and
WHEREAS, Yakima County did provide indemnification to the
City of Yakima for participating in the mock evacuation exer-
cise, nn, therefore,
BF IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Indemnification Agreement, a copy of which is at-
tached hereto and by reference made a part hereof, is hereby
ratified as of the date thereon and the City Manager is di-
rected tc) e\ecute said Indemnification Agreement.
ADOPTED BY THE CITY COLNCIL this / da of 7,600/7.4ho ,
p4q1)
Qt
Mayor
ATTEST
(res ratif.)t)
AGREEMENT made October, .S , 1990, between Office of Emergency
Management of Yakima County, a County Government Agency located in
Yakima, Washington, referred to as "Indemnitor", and the City of Yakima,
Washington, referred to as "Indemnitee".
RECITALS
1. Indemnitor has requested Indemnitee to participate in a mock
evacuation of staff, employees, and occupants of the Yakima County
Courthouse located at 128 North Second Street, Yakima, Washington. The
evacuation is to simulate conditions during a fire or other disaster
that would cause an emergency removal of staff, employees and occupants
from the premises. The evacuation is for the benefit of the Indemnitor
and the staff, employees and occupants. The City of Yakima has no
obligation to provide such a service and is doing so expressly because
of the Indemnitor's undertaking of any liability arising from the
evacuation,
2. The parties hereto have discussed in detail the nature of the
proposed evacuation. The parties recognize that the Indemnitor's staff
and the employees and occupants have no prior experience with the
handling of such emergencies. The degree of risk to all parties
involved in the evacuation is great, despite due care that will be
exercised by the Indemnitor's staff and the Fire Department,
3. It is the intention of both the Indemnitor and Indemnitee that
Indemnitee, its officers, agents, and employees shall not be liable or
in any way be responsible for damages, loss or expense resulting to the
occupants or to Indemnitor, its employees, agents, or representatives
due to accidents, mishaps, or injuries, either to person or property, or
of any nature to person or property, of any kind arising from any cause
whatsoever.
IN CONSIDERATION OF Indemnitee's Agreement to participate in the
mock evacuation on October 25, 1990, or at such other date as may be
scheduled, Indemnitor and Indemnitee agree as follows:
(1)
I. INDEMNIFICATION
Indemnitor assumes the risk of all damage, loss, costs, and
expense on the part of any occupants or staff of Indemnitor, and agrees
to indemnify and hold harmless Indemnitee, its officers, agents, and
employees from and against any and all liability, damage, loss, costs,
and expense, including attorneys fees, which may accrue to or be
sustained by Indemnitee, its officers, agents, or employees on account
of any claim, suit, action, or threat thereof, made or brought against
Indemnitee, its officers, agents, or employees, for the death or an
injury to persons or destruction of property involving Indemnitor, its
staff, employees or occupants of Indemnitor's premises, Indemnitee,
Indemnitor's or Indemnitee's respective employees, agents, and
representatives, sustained in connection with performance of the mock
evacuation, arising from any cause whatsoever.
II. COMPLIANCE WITH LAWS
Indemnitor agrees it will comply with and will cause its
occupants, employees, agents, and representatives to comply with all
state, federal, and City of Yakima Fire Department safety rules and
statutory provisions covering the premises of the Indemnitor and the
activity to be performed during the mock evacuation period.
III. WAIVER AND RELEASE
Indemnitor waives all rights to make claim or file suit against
Indemnitee for, and relieves Indemnitee from all liability and
responsibility of any kind arising from such damage, loss, cost, or
expense, and the receipt by Indemnitor of the City of Yakima Fire
Department's participation in the mock evacuation is complete
satisfaction for all such damage, loss, or other expense heretofore or
hereafter sustained.
IV. SEVERABILITY
It is further understood and agreed by the parties that if any of
the provisions hereof should contravene, or be invalid under, the laws
of the State of Washington or of the United States, such contravention
or invalidity shall not invalidate this agreement, but each shall be
construed as if not containing the particular provision or provisions
held to be invalid, and the rights and obligations of the parties shall
be construed and enforced accordingly.
V. SUPERSEDING OF ALL OTHER AGREEMENTS
With respect to the liability of Indemnitee, its officers, agents,
and employees, to Indemnitor, its employees, agents, or representatives,
for injuries covered by the language hereof, this agreement supersedes
all other agreements and represents the full and complete understanding
of the parties.
IN WITNESS WHEREOF, the parties have executed this agreement at
Yakima, Washington, on the day and year first—above written.
ATTEST:
Ic5 e)z,
City Clerk
CITY CONTRACT NO. qe; - S6- -5
Richard A. Zais, Jr,
City Manager
County ommissioner
(),(6:49
County Commissioner
Office of Emergenc'"y Management
Yakima County
(3)