2014/12/24 Council Agenda Packet

not be subject to the amendment process as indicated in Section 15 of this Agreement. The County shall notify the City of any change to the rate. E. The City shall remain liable for complete and timely payment of all amounts invoiced. Invoices may be sent monthly, quarterly or on any other schedule that is mutually convenient to the parties. The County shall include in each invoice documentation of all costs for labor,materials and equipment included in the invoice. Unless the City delivers written notice to the County disputing the amount of a particular invoice, the City agrees to make payment on billings submitted by the County within thirty(30) days following receipt by the City of said billing. 7. Records. The County shall maintain accurate time and accounting records related to performing Services under this Agreement in the same manner as prescribed for normal County road projects. Such records shall be available for inspection in the County Department of Public Works for a period of three (3) years following final payment of billings for such project. The City shall have the right to inspect, review and copy such records at all times with reasonable notice to the County. 8. Facilities To Be Provided By The City. A. The City certifies to the County that the City owns or controls the real property or rights-of-way upon which the Services shall be rendered and additional real property or right-of-ways are not needed to complete the Services. The City further grants to the County, for the purpose of performing Services pursuant to this Agreement, permission and right-of-entry on, over,under, above and through real property owned by the City and those City rights-of-way and WSDOT rights-of-way that the City is responsible for maintaining that are necessary or convenient for the County to access in performing the Services. B. At least thirty(30) days prior to the delivery of any requested Services, the City shall obtain and provide to the County copies of all permits necessary for the Services. C. All electrical power billings for the operation of the traffic control devices and street lighting systems will be paid by the City. 9. Indemnification/Hold Harmless. A. The County shall indemnify and hold harmless the City and its officers, agents, and employees,or any of them from any and all claims, actions, suits,liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any such suit based upon such a claim, action, loss, or INTERLOCAL AGREEMENT Page 7 of 14 BETWEEN SNOHOMISH COUNTY AND THE CITY OF EVERETT FOR TRAFFIC CONTROL DEVICE AND STREET LIGHT MAINTENANCE, ENGINEERING AND CONSTRUCTION SERVICES 1 3 2