Northshore Parks & Recreation Service Area 1/24/2022

Agreement.The City Representative shall be responsible for monitoring the performance of this Agreement. (b) Barbara Glass and Christine Disnute will be the Agency Representatives for all communications regarding this Agreement. The Agency Representatives shall be responsible for monitoring the performance of this Agreement. (c) Rob Wettleson shall serve as the Contractor Representative for all communications regarding the job order construction services as addressed herein. 7. NO CITY RESPONSIBILITY The Agency specifically agrees that the City shall have no liability or responsibility whatsoever for the Agency's use of the terms and conditions of the JOC Contract,the performance of Contractor, or any other matter relating to Agency job orders. The Agency, and not the City,shall have complete responsibility for paying Contractor for services related to Agency job orders. The City makes no representations or warranties of any kind, including without limitation no representations or warranties regarding contractors, performance, Contractor's insurance and bonds, or the enforcibility of the terms and conditions of the JOC Contract against the Contractor. The Agency uses Contractor and uses the terms and conditions of the JOC Contract all solely at Agency's own risk. 8. INDEMNIFICATION AND RELEASE The Agency releases and shall indemnify, defend and hold harmless the City and its officers, employees and agents (each such person, an "Indemnitee")from and against any and all claims, actions, damages, liability, costs and expenses, including attorney's fees, arising out of or relating to (a) any Agency job order to Contractor, (b)the Agency's use of the terms and conditions of the JOC Contract and (c) any work done by Contractor or its subcontractors for the Agency. The foregoing indemnity, defense, and hold harmless obligation includes without limitation indemnity, defense, and hold harmless for each Indemnitee from and against any request, claim or demand for payment by Contractor or Contractor's subcontractors or Contractor's suppliers or Contractor's employees in connection with Agency job orders. This Section is specifically and expressly intended to constitute a waiver of the Agency's immunity under Washington's Industrial Insurance Act, RCW Title 51,to the full extent necessary to provide each Indemnitee with a full and complete indemnity from claims made by the Agency and its employees,to maximum extent allowed by law. AGENCY AND CITY ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS SECTION WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM. 9. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notification. If this Agreement is so terminated,the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination. 10. ALL WRITINGS CONTAINED HEREIN/AMENDMENTS This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any parties hereto. Page 3 of 5