2008/06/04 Council Agenda Packet

under the Agreement, including but not limited to claims by the City's g employees or third parties, except for those damages solely caused by the negligence or willful misconduct of the Contractor, its elected and appointed officials, officers, employees or agents. 12.3 In the event of liability for damages of any nature whatsoever arising out of the performance of the City and the Contractor under this Agreement caused by or resulting form the concurrent negligence of the City and Contractor, their respective officers, elected and appointed officials, employees and volunteers, each party's liability hereunder shall only be to the extend of that party's negligence. 13. Independent Contractor. Parties are independent contractors of each other and nothing in this Agreement shall be construed to create an employment relationship. 14. Contacts. All notices, reports and correspondence to the respective parties of this Agreement shall be sent to the following: If to the City, Kathy Atwood, City of Everett Police Department, 3002 Wetmore Avenue, Everett, WA 98201. If to the Contractor, Executive Director, Center for Battered Women, PO Box 7, Everett, WA 98206-0007. 15. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington and the parties stipulate that any lawsuit regarding the Agreement must be brought in Snohomish County, Washington. Entire Agreement. This Agreement constitutes the complete expression of the terms and conditions of the parties. Any oral or written representations or understandings not incorporated into this Agreement are specifically excluded. CITY OF EVERETT CENTER R BATTERED WOMEN By: By: /j' /:r r a Ray Stephanson, Mayor Date: Date: 3 51-D3 ATTEST: Sharon Marks, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM Everett City Attorney AGREEMENT RE STOP GRANT Page 8 35