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HomeMy WebLinkAboutAndre Roybal - Indemnity Agreement Regarding Covid-19 MasksINDEMNITY AGREEMENT BETWEEN CITY OF PASCO AND ANDRE ROYBAL 11) THIS AGREEMENT is made and entered into this day of April. 2020, by and between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City". and Andre Roybal of Moses Lake, Washington, hereinafter referred to as "Contractor." WHEREAS, as COVID-19 continues to spread in Washington, there is an increasing likelihood that City employees will be exposed to the virus-, and WHEREAS, face masks are effective at preventing the transmission of COVID-1 9; and WHEREAS, the COVID-19 emergency has resulted in a nationwide shortage of commercial surgical face masks; and WHEREAS, the City intends to purchase face masks manufactured by Contractor, and WHEREAS, the City has independently researched and supplied the micron resistant material to be used in the manufacturing of the face masks; and WHEREAS, the City recognizes that the contracted -for face masks are not regulated or designated by the CDC as N95 surgical respirators. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I The City of Pasco shall defend, indemnify, and hold harmless Andre Roybal, his agents, employees, and volunteers,from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all illness or injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the performance of this Agreement, and caused or occasioned in whole or inart by reason of errors, negligent acts or omissions of p I Andre Roybal or his agents, employees, and volunteers in the performance of this Agreement. 2. No liability shall attach to Andre Roybal by reason of entering into this Agreement except as expressly provided herein.. 3. This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default or, interpretation of this Agreement, said dispute shall. be resolved. by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of ajury trial upon trial de novo, with venue placed in Franklin County, Washington, The substantially prevailing party shall be entitled. to its reasonable attorney fees and costs as additional award and judgment against the other. Agreement - City of Pasco/Roybal - 1 DATED this day of April, 2020. CITY OF PASCO: By: Dave Zabel ager Agreement - City of Pasco/R.oybal - 2 CONTRACTOR: By: Andre"Roybal