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F. King County shall perform no work under this agreement without receiving the express,
<br />written permission of the City of Tukwila.
<br />4. Compensation
<br />A. Costs. The City shall reimburse the County fully for all costs incurred in providing
<br />services under this contract, including overhead and indirect administrative costs. Costs
<br />charged to the City may be reduced by special appropriations, grants, or other
<br />supplemental funds, by mutual agreement of both parties. The City shall not be
<br />responsible for paying for any work that was performed which was not preauthorized as
<br />required in Section 3 F above. The rate of reimbursement to the County for labor costs
<br />shall be revised annually by mutual written agreement of both parties.
<br />B. Billing. The County shall bill the City quarterly. The quarterly bill shall reflect actual
<br />costs plus the annual administrative overhead rate. Payments are due within 30 days of
<br />the City's receipt of an invoice from the County.
<br />5. Indemnification.
<br />A. The County shall indemnify and hold harmless the City and its officers, agents and
<br />employees or any of them from any and all claims, actions, suits, liability, loss, costs,
<br />expenses, and damages of any nature whatsoever, by reason or arising out of any
<br />negligent act or omission of the County, its officers, agents, and employees, or any of
<br />them, in providing services pursuant to this agreement. In the event that any suit based
<br />upon such a claim, action, loss, or damage is brought against the City, the County shall
<br />defend the same at its sole cost and expense; provided, that the City retains the right to
<br />participate in said suit if any principle of governmental or public law is involved; and if
<br />final judgment be rendered against the City and its officers, agents, employees, or any of
<br />them, or jointly against the City and the County and their respective officers, agents and
<br />employees, or any of them, the County shall satisfy the same.
<br />B. In executing this agreement, the County does not assume liability or responsibility for or
<br />in any way release the City from any liability or responsibility which arises in whole or in
<br />part from the existence or effect of City ordinances, rules or regulations, polices or
<br />procedures. If any cause, claim, suit, actions or administrative proceeding is commenced
<br />in the enforceability and /or validity or any City ordinance, rule or regulation is at issue,
<br />the City shall defend the same at its sole expense and if judgment is entered or damages
<br />are awarded against the City, the County, or both, the City shall satisfy the same,
<br />including all chargeable costs and attorneys' fees.
<br />C. The City shall indemnify and hold harmless the County and its officers, agents, and
<br />employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
<br />expenses and damages of any nature whatsoever, by reason of or arising out of any
<br />negligent act or omission of the City, its officers, agents, and employees, or any of them.
<br />Interlocal Agreement for Landmark Services
<br />Page 3 of 5
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