2020/07/15 Council Agenda Packet

Both parties understand the County retains discretion regarding the operation and allocation of the aggregate information processing capacity at its disposal, including the capacity covered by this Agreement. County agrees to allocate sufficient capacity to meet the existing processing requirements of Everett. 8. County Review and Approval: Upon submittal of any request to execute a SWO or to perform optional services under any executed SWO, the County may, following review by the SCDOIT, agree to perform such work or reject it, or request such modification or additions as it deems appropriate. At the outset of performance of each SWO, or during performance of the SWO to the extent the same is modified by the Parties, the County will either accept or reject Everett systems and services as listed in the SWO. The County will not invoice Everett until the County has accepted service and/or system delivery responsibility. Everett is not required to pay for services or systems until the County accepts delivery responsibility for those services and/or systems. 9. Access to Books/Records: Each Party may, at reasonable times, and upon prior notification inspect the records of the other party relating to performance of this Agreement. County and Everett shall keep all records required by this contract in accordance with statutory archival requirements. 10. Indemnification and Hold Harmless: Subject to the liability limitation stated in Section 11 of this Agreement, Everett shall hold harmless, indemnify, and defend, at its own expense, SCDOIT, its elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of Everett's performance of this Agreement, including claims by Everett's employees or third parties, except for those losses or claims for damages solely caused by the negligence or willful misconduct of the County, its elected and appointed officials, officers, employees or agents. Interlocal Agreement between Snohomish County and the City of Everett Page 6