09-132 - City of Renton - Use of Fire Apparatus

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A. Tukwila shall maintain at its own expense appropriate policy or policies of property and comprehensive general liability insurance with respect to the Equipment referenced in paragraph 3 above, in such amounts as are reasonable and appropriate B. In the event of damage or loss of the Equipment, Tukwila is obligated to replace or repair the Equipment with the proceeds it receives from its insurance company 7 Dispute Resolution. Venue and Governing Law It is the parties' intent to resolve any disputes relating to the interpretation or application of this Agreement informally through discussions at the staff level In the event disputes cannot be resolved informally at the staff level, resolution shall be sought by the respective City Administrators within thirty (30) days from the date of a written request by either party hereto, and if unsuccessful, then the parties agree to submit the dispute to non binding mediation /dispute resolution, the cost of which shall be borne equally by the parties hereto. Venue for any action relating to enforcement of this Agreement shall be solely in King County Superior Court. This agreement shall be governed by the laws of the State of Washington 8. Independent Contractor Each party to this Agreement is an independent contractor with respect to the subject matter herein Nothing in this Agreement shall make any employee of Tukwila an employee of Renton, and vice versa, for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded to either party's employee by virtue of their employment. At all times pertinent hereto, employees of Tukwila are acting as Tukwila employees and employees of Renton are acting as Renton employees. 9 Partial Invalidity and Severabilitv Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. 10 Assignability The rights, duties and obligations of either party to this Agreement may not be assigned to any third party without the prior written consent of the other party, which consent shall not be unreasonably withheld 11. No Third -Partv Rights. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action (as a third -party beneficiary or otherwise) on account of any nonperformance hereunder 12. Entire Proposal This proposal constitutes the entire proposal between the parties hereto and no other proposals, oral or otherwise, regarding the subject matter of this Page 3 H: \02 Mark\Fire Department Contracts and Agreements\2009 -08 -21 Final ILA Tuwila_Renton_F re Enginel1.doc /CoR/08/21/09