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SUBAWARD AGREEMENT BETWEEN SNOHOMISH COUNTY AND <br />CITY OF EVERETT FOR ROUTE AND COST BENEFIT ANALYSIS TO Page 8 of 17 <br />RELOCATE WATER TRANSMISSION LINE NO. 5 <br /> <br /> <br />18. RELATIONSHIP TO EXISTING LAWS <br /> <br /> This Agreement is entered into pursuant to and under the authority granted by the laws of <br />the state of Washington and any applicable federal laws. The provisions of this Agreement <br />shall be construed to conform to those laws. In the event of an inconsistency in the terms <br />of this Agreement, or between its terms and any applicable statue or rule, the inconsistency <br />shall be resolved by giving precedence in the following order: <br />1. Applicable state and federal statues and rules; <br />2. Any provisions of the Grant funding associated with the Agreement; <br />3. Statement of Work; and <br />4. Any other provisions of the Agreement, including materials incorporated by <br />reference. <br /> <br /> The parties stipulate that any lawsuit regarding this Agreement must be brought in <br />Snohomish County, Washington. <br /> <br />19. NONASSIGNMENT <br /> <br /> The City shall not subcontract, assign or delegate any of the rights, duties or obligations <br />covered by this Agreement without prior express written consent by the County. <br /> <br />20. SEVERABILITY <br /> <br /> If any provision of this Agreement is held invalid, the remainder of this Agreement shall <br />not be affected thereby if such remainder would then continue to serve the purposes and <br />objectives of the Agreement as determined by the County. <br /> <br />21. INDEPENDENT CONTRACTOR <br /> <br /> The City will perform the services under this Agreement as an independent contractor and <br />not as an agent, employee, or servant of the County. The parties agree that the City is not <br />entitled to any benefits or rights enjoyed by employees of the County. The City specifically <br />has the right to direct and control the City’s own activities in providing the agreed services <br />in accordance with the specifications set out in this Agreement. The County shall only <br />have the right to ensure performance. <br /> <br />22. PUBLIC RECORDS ACT <br /> <br /> This Agreement and all public records associated with this Agreement shall be available <br />from the County for inspection and copying by the public where required by the Public <br />Records Act, Chapter 42.56 RCW. <br /> <br /> <br />