2021/01/27 Council Agenda Packet

and the District's performance of services under this Agreement may be subject to disclosure pursuant to the Public Records Act or other similar law. 6. Insurance. Each party shall maintain its own insurance and/or self-insurance for its liabilities from damage to property and /or injuries to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance and/or self-insurance shall not limit the liability of the indemnifying part to the indemnified party(s). Each party shall provide the other with a certificate of insurance or letter of self-insurance as the case may be upon request. 7. Indemnification. The District shall protect, save harmless, indemnify and defend the City its elected officials, officers, employees and agents, from and against any loss or claim for damages of any nature whatsoever including claims by third parties or District employees against which it would otherwise be immune under Title 51 RCW or other law, arising out of any act or omission of the District in performance of this Agreement, its elected or appointed officials, officers, employees or agents, except to the extent the loss or claim is attributable to the negligence or willful misconduct of the City, its elected officials, officers, employees or agents The City shall protect, save harmless, indemnify and defend the District, its elected and appointed officials, officers, employees and agents from and against any loss or claim for damages of any nature whatsoever, including claims by third parties or City employees against which it would otherwise be immune under Title 51 RCW or other law, arising out of any act or omission of the City in performance of this Agreement, its elected or appointed officials, officers, employees or agents except to the extent the loss or claim is attributable to the negligence or willful misconduct of the County, its elected or appointed officials, officers, employees or agents. 8. Notices. Any notice/payment to be given to the District under this Agreement shall be either mailed or personally delivered to: Snohomish Health District 3020 Rucker Avenue, Ste 306 Everett, WA 98201 Any notice/invoice to the City shall be mailed or hand delivered to: City of Everett c/o Julie Willie 2930 Wetmore Avenue, Suite 10-A Everett, WA 98201 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mail with proper postage and address. 9. Venue. The laws of the State of Washington shall apply to the construction and enforcement of this Agreement. Any action at law, suit in equity or judicial proceedings for the enforcement of this agreement or any provision hereto shall be in the Superior Court of Snohomish County Everett, Washington. 10. Disputes. The parties agree that, following reasonable attempts at negotiation and compromise, any unresolved dispute arising under this Agreement may be resolved by a mutually agreed -upon alternative dispute resolution of arbitration or mediation. ILA Slip2021 EVERETT PER CAPITA 3 of 4