Hi Greg,
I had our City Attorneys reviewed the agreement and had a few comments/suggestions:
- The agreement provides a statutory definition for the word “disaster” but not “emergency.” The agreement mentions “emergency” quite a few times but does not really discuss “disasters” again.
- The “Incident Commanders” section is somewhat confusing regarding who makes final decisions and who’s direction personnel should follow. I would ask for clarification on this issue.
- The “Indemnification” section is also ambiguous regarding damages to a “person” that fall short of a “damage to life.” Many similar clauses in other contracts specify damages to “persons, life or property.”
The City is still willing to sign the agreement to participate, however I wanted to pass on the message to you first.
Also the letter stated our commitment to the prior agreement expired October 6, 2014, however we received the letter in mid-January 2015. Did you mean to state October 6, 2015?
Regards,
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
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