16-126 - City of Seattle - 2017-2018 Hearing Examiner Services

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9. INDEMNIFICATION Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgment, and /or awards of damages, arising out of, or in any way resulting from that other party's negligent acts or omissions in performing under this Agreement. No Party will be required to defend, indemnify or hold the other Party harmless if the claim, suit or action for injuries, death or damages is caused by the sole negligence of that Party. Where such claims, suits or actions result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's own negligence. Each Party agrees that its obligations under this subparagraph include, but are not limited to, any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this reason, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 10. RECORDS RETENTION AND TRANSFERENCE Seattle shall generally transfer records back to Tukwila after the expiration of the 30 day appeal period. Seattle may retain records up to one year from the date of final disposition if requested in a specific case. 11. DURATION This Agreement shall take effect upon execution of the Agreement by both parties, and the appointment of the hearing examiner by the Mayor of Tukwila and, the approval of the Tukwila City Council. This Agreement shall remain in effect through December 31, 2018 and shall be subject to renewal by mutual agreement. 12. TERMINATION Either party may terminate this Agreement by giving thirty (30) days written notice of termination to the other party. 13. APPLICABLE LAW; VENUE; ATTORNEYS FEES This Agreement shall be subject to, and the Parties shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and C:\ Users \tanners\AppData \Local\Microsoft\Windows \Temporary Internet Files \Content.Outlook\A47LHRG3 \Hearing Examiner Interlocal 2017- 18 - -RBT 9.9.16 (003).doc Page 3