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Port of Everett 10/12/2023
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Port of Everett 10/12/2023
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Last modified
12/19/2023 3:14:22 PM
Creation date
12/19/2023 3:14:11 PM
Metadata
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Template:
Contracts
Contractor's Name
Port of Everett
Approval Date
10/12/2023
Council Approval Date
10/11/2023
Department
Parks
Department Project Manager
Bob Leonard
Subject / Project Title
Jetty Landing Park Playground Interlocal with the Port of Everett, Snohomish County
Tracking Number
0004093
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Interlocal Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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3 <br />2.3 This section shall survive termination of this Agreement. <br />SECTION 3. INSURANCE <br />Each party agrees to maintain liability insurance or self-insurance to cover claims, losses, <br />damages, judgments or liabilities arising from their own acts, omissions or performance under this <br />Interlocal Agreement or those of its officials, officers, agents and employees. The Port will require <br />that the City and County be named as additional insureds on all liability insurance policies required <br />to be maintained by Project contractor(s) under the Project construction contract(s). <br /> <br />SECTION 5. TERMINATION <br />This Interlocal Agreement may only be terminated early by agreement of the Parties. The <br />Interlocal Agreement automatically terminates upon removal of the entire Project from the <br />Property. <br /> <br />SECTION 6. GENERAL INTERLOCAL AGREEMENT PROVISIONS <br />6.1 The Parties will not form a separate entity to carry out the purposes of the Interlocal <br />Agreement. The Port shall be the administrator of the interlocal cooperative undertaking with <br />authority, including but not limited to, undertaking Project planning, design, engineering, <br />permitting, construction and ongoing maintenance and stewardship activities for the Project. The <br />Port shall periodically report to the County and the City on mutually acceptable intervals and <br />provide reasonable documentation so that the County and the City are informed. The Port will <br />also respond to inquiries made by the County and/or the City about the interlocal cooperative <br />undertaking. <br />6.2 Property that is acquired as a result of the Interlocal Agreement will be held in the name of <br />all three Parties unless it is determined and agreed by all three Parties that it should be held in the <br />name of one or two of the Parties. If property is disposed of, it will be accomplished consistent <br />with the grant contract or grant regulations or the agreement of the Parties. <br /> <br />SECTION 7. DISPUTE RESOLUTION <br />7.1 In the event of any dispute or difference arising by reason of this Interlocal Agreement or <br />provision or term thereof or the use of and/or payment for any facility or resource for the purpose <br />of this Interlocal Agreement, the dispute or difference shall be resolved jointly by the City Mayor, <br />the County Executive, and the Port Executive Director, or their respective designee(s). Such <br />decision shall be arrived at as expeditiously as possible. In the event it is not resolved after the <br />Parties have discussed the issues and attempted to resolve the matters for a period of twenty (20) <br />days, then any party may commence a lawsuit in Snohomish County Superior Court.
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