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fc(4Vt' <br /> CITY <br /> TECHNICAL SERVICE AGREEMENT <br /> Between: King County and CITY OF EVERETT <br /> For: Lab Testing Services <br /> I. PURPOSE <br /> This Agreement is made and entered into by King County, Washington("King County"), by and <br /> through its Water and Land Resources Division of the King County Department of Natural Resources <br /> and Parks("WLRD")and City of Everett(the"Service Recipient")referred to singularly as"Party" <br /> and collectively as "Parties."This Agreement provides the terms under which King County will <br /> perform work for the Service Recipient as summarized in I.A.below, and as more particularly <br /> described in the Scope of Work attached to this Agreement as Exhibits One and Two and <br /> incorporated herein and made a part hereof. <br /> I. TERMS <br /> A. Description of service provided by King County <br /> Provide laboratory analytical services as described in Exhibits One and Two. <br /> B. Administration <br /> 1. Each Party shall appoint a representative to manage the provision of services under this <br /> Agreement. The name of each representative is provided in Exhibits One and Two. <br /> 2. In the event that a dispute arises under this Agreement, it shall be referred for resolution to <br /> the Division Director of WLRD, or other representative as designated by WLRD,and a staff F <br /> person designated by the Service Recipient. This provision shall not be construed as <br /> prohibiting either Party from seeking enforcement of the terms of this Agreement,or relief or <br /> remedy from a breach of the terms of this Agreement, in law or in equity. <br /> C. Responsibilities <br /> 1. King County shall perform the work described in Exhibits One and Two. <br /> 2. The Service Recipient shall pay for the work described in Exhibits One and Two up to <br /> $13,000.00 and make payments in accordance with the terms of Section D. below. <br /> D. Billing and Payment <br /> 1. The Service Recipient shall pay King County up to the amount stated in Section C.2. above, <br /> for actual costs incurred to perform work as described in Exhibits One and Two. <br /> 2. King County shall include the charges billed to the Service Recipient on an itemized invoice <br /> and provide the invoice to the Service Recipient. <br /> 3. The Service Recipient will make payment to King County for invoiced amounts within sixty <br /> (60)days. <br /> 4. The Parties represent that funds for service provision under this Agreement have been <br /> appropriated and are available. To the extent that such service provision requires future <br /> appropriations beyond current appropriation authority,each of the Parties' obligations are <br /> contingent upon the appropriation of sufficient funds by that Party's legislative authority to <br /> complete the activities described herein. If no such appropriation is made for either Party,this <br /> Agreement will terminate at the close of the appropriation year for which the last <br /> appropriation that funds these activities was made. <br /> 1 <br />