[OMS_MANAGERS] Power Washing?

[David Milliron]

Tkeisha : When the City of North Bend had a third-party company offer to do this for a local business, they accidentally shorted out our downtown streetlights. That was a $5,000 electrical repair. To avoid similar issues, please ensure that any company you hire is properly insured and lists both the city and your organization as additional insured parties. Here is a draft waiver that should be reviewed by a legal professional (e.g. Sheridan City Attorney) before use to ensure it meets the specific needs and legal requirements of your jurisdiction and project.
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WAIVER OF LIABILITY, RELEASE, AND INDEMNITY AGREEMENT
This Waiver of Liability, Release, and Indemnity Agreement (“Agreement”) is made and entered into by and between the undersigned business/property owner or authorized representative (“Participant”), the Sheridan Revitalization Movement, and the City of Sheridan, Oregon (“City”), collectively referred to as the “Parties.”
WHEREAS:

  1.  The Participant is the owner or authorized representative of the business or property located at the address set forth below.
  2.  The Sheridan Revitalization Movement and the City are collaborating on a project to power wash the downtown streets, including the areas in front of businesses, city parks, and bridges (the “Project”).
  3.  The Participant has voluntarily agreed to participate in the Project and has requested that the areas adjacent to their property be included in the Project.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Participant agrees as follows:

  1.  Acknowledgment of Risk: The Participant acknowledges and understands that power washing may result in property damage, including but not limited to damage to exterior surfaces, landscaping, lighting, and any other property in proximity to the area being power washed.
  2.  Assumption of Risk: The Participant assumes all risks, known and unknown, associated with the Project, including any damage to the Participant’s property or injury to persons on or near the Participant’s property.
  3.  Waiver of Liability: The Participant hereby waives, releases, and discharges the Sheridan Revitalization Movement and the City, including their officers, employees, agents, contractors, and representatives, from any and all claims, liabilities, demands, causes of action, costs, and expenses (including attorneys' fees) arising out of or related to the Project, including any damage to the Participant’s property or injury to persons on or near the Participant’s property.
  4.  Indemnification: The Participant agrees to indemnify, defend, and hold harmless the Sheridan Revitalization Movement and the City, including their officers, employees, agents, contractors, and representatives, from and against any and all claims, liabilities, demands, causes of action, costs, and expenses (including attorneys' fees) arising out of or related to the Project, including but not limited to any claims related to damage to the Participant’s property or injury to persons on or near the Participant’s property.
  5.  Insurance: The Participant acknowledges that any third-party contractor hired to perform power washing services as part of the Project will be required to carry adequate insurance coverage. The Participant agrees that such contractors shall name the Sheridan Revitalization Movement and the City as additional insured parties on any insurance policy obtained for the purpose of the Project.
  6.  Binding Effect: This Agreement shall be binding upon the Parties hereto and their respective heirs, legal representatives, successors, and assigns.
  7.  Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon.
  8.  Entire Agreement: This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes any prior agreements, representations, or understandings, whether written or oral, regarding the same.
Participant’s Acknowledgment:
The undersigned has read this Agreement, fully understands its terms, and signs it freely and voluntarily without any inducement.
Participant:
Name: ___________________________
Business/Property Name: ___________________________
Address: ___________________________
Signature: ___________________________
Date: ___________________________
Sheridan Revitalization Movement:
Name: ___________________________
Title: ___________________________
Signature: ___________________________
Date: ___________________________
City of Sheridan:
Name: ___________________________
Title: ___________________________
Signature: ___________________________
Date: ___________________________

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David A. Milliron, Credentialed City Manager (ICMA-CM)
City of North Bend, 835 California Ave, OR 97459-0014
541-756-8536 | dmilliron at northbendcity.org<mailto:dmilliron at northbendcity.org>
North Bend: Coast, Community, Culture<https://www.northbendoregon.us/>.



From: OMS_MANAGERS <oms_managers-bounces at omls.oregon.gov> On Behalf Of Sheridan Revitalization
Sent: Friday, August 16, 2024 2:55 PM
To: Oregon Main Street Network Members <oms_managers at omls.oregon.gov>
Subject: [OMS_MANAGERS] Power Washing?

Hi All,

One of our board members is very interested in the idea of power washing the downtown streets, in front of businesses and city park, bridge, etc. We have not gotten full agreement from the city, but one thing we realized we most likely need is some kind of waiver for the business owners to sign.

So two questions:
1. Has anyone done any kind of downtown power washing project? How did that work out?
2. If you did a project and had a waiver, can you share?

Best,

--
Tkeisha Wydro
Sheridan Revitalization Movement President

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