14-193 - Tukwila Pool Metropolitan Park District (TPMPD) - Continued Responsibilities Interlocal Agreement

Browse Search

5.10 Execution in Counterparts. This Agreement may be executed in one or more counterparts. The Parties agree to execute a release or other appropriate instruments as shall be necessary to certify compliance with the terms of this Agreement upon full and complete satisfaction of the terms of this Agreement. 5.11 Indemnification of the City. The TPMPD shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the TPMPD and the City, its officers, officials, employees, and volunteers, the TPMPD's liability hereunder shall be only to the extent of the TPMPD's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the TPMPD's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. The provisions of this section are expressly intended to apply to any claim brought under the Washington State Public Records Act that relate to provision of TPMPD records held by the City, as well as to any claims arising out of the TPMPD's use of City policies, procedures, templates, or lesson programs. 5.12 Interlocal Cooperation Act Provisions. It is not intended that a separate legal entity be established to conduct this cooperative undertaking. No special budget or funds are anticipated, nor shall any be created. The parties are each responsible for their own finances in connection with this Agreement, and nothing in this Agreement shall be deemed or construed otherwise. The parties do not intend to acquire, hold, or dispose of any real or personal property pursuant to this Agreement.