2021/12/08 Council Agenda Packet

City of Everett Name: Bob Leonard Title: Director of Parks and Facilities Address: 802 E. Mukilteo Boulevard City: Everett, WA 98203 Phone: 425.257.8335 Email: bleonard@everettwa.gov SECTION 4. INDEMNIFICATION 4.1 Each party agrees to and shall defend, indemnify and hold harmless each respective party, its officials, officers, agents and employees from and against any and all claims, losses, damages, judgments, or liabilities of whatever nature, including any portion thereof, arising from or related to the indemnifying party's acts, omissions or performance under this Interlocal Agreement. Each party's obligations herein shall be limited to the extent of the liability attributable to said party. 4.2 This section shall survive termination of this Interlocal Agreement. SECTION 5. INSURANCE 5.1 Each party agrees to maintain liability insurance or self-insurance to cover claims, losses, damages, judgments or liabilities arising from their own acts, omissions or performance under this Interlocal Agreement or those of its officials, officers, agents and employees. The Port will require that the City and County be named as additional insureds on all liability insurance policies required to be maintained by Project contractor(s) under the Project construction contract(s). SECTION 6. TERMINATION 6.1 This Interlocal Agreement may not be terminated by any Party. If the Grant is funded and the Port enters into a grant contract for this Project, this Interlocal Agreement is valid for the duration of the use of the Grant funded facilities constructed as required by the grant contract and regulations related thereto. SECTION 7. GENERAL INTERLOCAL AGREEMENT PROVISIONS 7.1 The Parties will not form a separate entity to carry out the purposes of the Interlocal Agreement. The Port shall be the administrator of the interlocal cooperative undertaking with authority, including but not limited to, undertaking Project planning, design, engineering, permitting, construction and ongoing maintenance and stewardship activities for the Project. The Port shall periodically report to the County and the City on mutually acceptable intervals and provide reasonable documentation so that the County and the City are informed. The Port will also respond to inquiries made by the County and/or the City about the interlocal cooperative undertaking. 7.2 Property that is acquired as a result of the Interlocal Agreement will be held in the name of all three Parties unless it is determined and agreed by all three Parties that it should be held in the 4 BNC\03 221 \0065\01021319.v 1