2004/05/19 Council Agenda Packet

13 liability or death to persons or damage to property or business, caused by or arising out of City's negligent or intentional acts, errors or omissions in the performance of this Agreement and arising by reason of City's participation in this Agreement. Provided that in the event of the concurrent negligence of the parties, City's obligations hereunder shall apply only to the percentage of fault attributable to City, its officers, employees or agents. 9. Independent Contractor. It is further agreed by and between the parties that because this Agreement shall not constitute nor create an employer-employee relationship. 10. Audits and Inspections. At any time during normal business hours and as often as the City may deem necessary, the Global shall make available to the City for the City's examination all of the Global's records and documents with respect to all matters covered by this Agreement and, furthermore, Global will permit the City to audit, examine and make copies, excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records and other data relating to all matters covered by this Agreement. 11. Compliance with Federal, State and Local Laws. Both parties shall comply with and obey all federal, state and local laws, regulations, and ordinances applicable to the performance of Work hereunder. 12. Waiver. Any waiver by Global or the City or the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. 13. Complete Agreement. This Agreement contains the complete and integrated understanding and Agreement between the parties and supersedes any understanding, Agreement or negotiation whether oral or written not set forth herein. 14. Modification of Agreement. This Agreement may be modified as provided in ¶6, or by a writing explicitly identified as a modification of this Agreement that is signed by authorized representatives of the City and Global. 15. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, the remainder of the Agreement shall remain in full force and effect. 16. Notices. A. Notices to the City shall be sent to the following address: City of Everett Attn: Fire Chief 2811 Oakes Everett, WA 98201 (425) 257-8101 53 3