12-069 - Kent Regional Fire Authority - Joint Training Program

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arising out of any negligent or willful actions or inactions by the performing party or any of its employees, officials, agents or volunteers, while acting within the scope of duties required by this Agreement. Each party shall be responsible for its own legal costs and attorney's fees. This provision shall survive the expiration of this Agreement as it related to services performed under the terms of the Agreement. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's mutually negotiated waiver of immunity under Title 51 RCW, solely to carry out the purposes of this indemnification clause. Section 6. Insurance. Each party shall carry and maintain for the duration of this Agreement property and liability insurance coverage for all operations, facilities, equipment and personnel, at not less than the amount as existing on the date of this Agreement and in a form and with a company acceptable to the other party. Section 7. Property Ownership. All property acquired by the RFA to enable it to perform the services required by this Agreement, shall remain the property of the RFA in the event of the termination of this Agreement. All property acquired by the City to enable it to perform the services required by this Agreement, shall remain the property of the City in the event of the termination of this Agreement. Section 8. No Special Relationship Created. No Third Partv Beneficiarv. The services provided under this Agreement represent an extension and expansion of duties owed to the public in general. Neither party intends to create a special relationship or duty to the other party or to the public served by either party. This Agreement is solely for the benefit of the Parties hereto and no third party shall be entitled to claim or enforce any rights hereunder. Section 9. Dispute Resolution and Governine Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. A. If a dispute arises between the Parties concerning the performance of any provision of this Agreement or the interpretation thereof, the Parties agree to follow the procedures set forth herein. It is the goal of the parties to resolve differences as early in this step process as possible. (1) Stet) One Informal Discussions. Each Party shall designate a representative, who shall meet and attempt to resolve the dispute. This may involve more than one meeting. (2) Stet) Two Written Notification and Resolution. If informal discussions are not successful, then the aggrieved Party shall mail, via certified mail, written notice of dispute to the other Party's address shown in Section 12 of this Agreement. The notice shall set forth the nature of the dispute and the desired outcome. A written response shall be provided by the recipient of the notice within ten (10) days' receipt of the certified, mailed notice. The response to the notice shall include the INTERLOCAL AGREEMENT Page 3 of 6