2021/02/24 Council Agenda Packet

6. Obligations Not Joint and Several. Each Alliance Member's liability for any obligation incurred pursuant to this Agreement shall be limited to the proportional funding share identified in the formally adopted Action Item and Budget Plan. The Alliance Members shall not be jointly or severally liable for any such liabilities or obligations. Any contract funded by this Agreement shall contain a provision to this effect. 7. Billing and Payment. 7.1 Tacoma shall be responsible for billing each financially responsible Party for its respective share of each formally adopted Action Item and Budget Plan upon adoption. 7.2 invoice. Each financially responsible Party shall pay Tacoma within 60 days of receipt of 7.3 The financially responsible Alliance Members represent that funds for the formally adopted Action Item and Budget Plan in Exhibit B are available for the 2021 fiscal year. To the extent that the adopted Action Item and Budget Plan requires future appropriations beyond current appropriation authority, the obligations of each of the financially responsible Alliance Members are contingent upon the appropriation of sufficient funds by that Party's authorizing body to fund the activities described therein. If no such appropriation is made, that Party shall not be required to provide funds for that fiscal year's Action Item and Budget Plan. 8. Ownership of Work Product. All work products generated during the projects authorized under the Action Item and Budget Plan shall be the property of the Alliance Member. 9. Execution in Counterparts. This Agreement and any amendments thereto shall be executed on behalf of each Alliance Member by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance. This Agreement may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. 10. Indemnity and Hold Harmless. Each Alliance Member shall protect, defend, indemnify, and save harmless the other Alliance Members, their officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, such Alliance Member's own negligent acts or omissions in the performance of this Agreement. Each Alliance Member agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents against another Alliance Member arising out of this Agreement. For this purpose, each Alliance Member, by mutual negotiation, hereby waives, with respect to the other Alliance Members only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the Puget Sound Clean Water Alliance Funding Agreement, February 2021 Page 4 of 13