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INTERLOCAL AGREEMENT BETWEEN SNOHOMISH
<br />COUNTY AND THE CITY OF EVERETT FOR KIWANIS
<br />PARK SPORT COURT REHABILITATION & ENHANCEMENTS
<br />Page 5 of 9
<br />7. Indemnification/Hold Harmless.
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<br />The City shall assume the risk of liability for damage, loss, costs and expense arising out
<br />of the activities under this Agreement and all use of any improvements it may place on the
<br />Property. The City shall hold harmless, indemnify and defend the County, its officers, elected and
<br />appointed officials, employees and agents from and against all claims, losses, lawsuits, actions,
<br />counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to
<br />any property or business and/or any death, injury or disability to or of any person or party,
<br />including but not limited to any employee, arising out of or suffered, directly or indirectly, by
<br />reason of or in connection with the acquisition or use of the Property and this Agreement;
<br />PROVIDED, that the above indemnification does not apply to those damages solely caused by the
<br />negligence or willful misconduct of the County, its elected and appointed officials, officers,
<br />employees or agents. This indemnification obligation shall include, but is not limited to, all claims
<br />against the County by an employee or former employee of City, and City, by mutual negotiation,
<br />expressly waives all immunity and limitation on liability, as respects the County only, under any
<br />industrial insurance act, including Title 51 RCW, other Worker’s Compensation act, disability
<br />benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable
<br />in the case of such claim.
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<br />8. Liability Related to City Ordinances, Policies, Rules and Regulations.
<br />In executing this Agreement, the County does not assume liability or responsibility for or
<br />in any way release the City from any liability or responsibility which arises in whole or in part
<br />from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim,
<br />suit, action or administrative proceeding is commenced in which the enforceability and/or validity
<br />of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at
<br />its sole expense and, if judgment is entered or damages are awarded against the City, the County,
<br />or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney’s
<br />fees.
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<br />9. Insurance.
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<br />The City shall procure and maintain for the duration of this Agreement, insurance against
<br />claims for injuries to persons or damages to property which may arise from, or in connection with,
<br />exercise of the rights and privileges granted by this Agreement, by the City, its agents,
<br />representatives, and employees/subcontractors. The cost of such insurance shall be paid by the
<br />City.
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<br />9.1 Minimum Scope and Limits of Insurance. General Liability: Insurance Services
<br />Office Form No. CG 00 01 Ed. 11-88, covering COMMERCIAL GENERAL LIABILITY with
<br />limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal
<br />injury, and property damage.
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<br />9.2 Other Insurance Provisions. Coverage shall be written on an “Occurrence” form.
<br />The insurance policies required in this Agreement are to contain or be endorsed to contain the
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