06-071 - Tukwila et al - Department of Justice COPS More Grant for Wi-Fi Network

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Other wireless network components and or services that will allow interoperability between public safety entities in the Valley Cities region. 2 DESIGNATED REPRESENTATIVES The Mayor or designee of each of the cities hereto shall be designated as each cities representative to meet, confer, evaluate and administer expenditure proposals in connection with the Department of Justice Cops More Grant Funds. The Mayors or designees shall meet as warranted at dates and times determined by them to be most convenient. They are also empowered to designate, identify and develop procedures and processes for their interaction in connection with the administration and use of said grant funds 3 INSURANCE Each of the cities hereto shall be responsible for maintaining, during the term of this agreement, and at its sole costs and expenses, insurance coverage in amounts determined to be sufficient, as determined by the Mayors or their designees 4 INDEMNIFICATION Each city shall indemnify and hold the other cities, their agents, employees and officers harmless from and shall defend at its own expense all claims, damages, suits, at law or equity, actions, penalties, losses, damages or costs of any kind or nature brought against these cities or any of them, in connection with actions of the individual city responsible for indemnifying, defending and holding harmless. Any liabilities, claims, actions, penalties, etc., stemming from the actions of multiple cities shall be addressed through cooperative efforts of the Chief Administrative Officer of each city or their designees. 5 WAIVER OF SUBROGATION The cities hereby mutually release each other from liability and waive all rights of recovery against each other for any losses by fire or other peril which can be insured against under fire insurance contracts including extended coverage endorsements which are customarily available from time to time in the State of Washington. 6 COMPLIANCE WITH REGULATIONS AND LAWS The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 7 ASSIGNMENT The parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other party 8 ATTORNEYS' FEES If either party shall be required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other party with respect to this Agreement, and in the further event that one party shall substantially prevail in such action, the losing party shall, in addition to all other payments required therein, pay all of the prevailing party's reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney's fees in the trial court and in any appellate courts. DEPARTMENT OF JUSTICE COPS MORE GRANT Page 2