2015-12-14-minutes-public-works-study-session

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the City's agents or employees shall apply only to the extent of negligence of the County's, and the City's agents, employees, subcontractors and suppliers. Both Parties specifically and expressly waive any immunity that may be granted under the Washington State Industrial Act, Title 51 RCW. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation, benefits payable to or by any third party under Worker's Compensation Acts, Disability Benefits Acts, or other employee benefit acts. This duty to defend, indemnify, and hold harmless shall include all related costs, reasonable attorney fees, court costs and related expenses asserted against or incurred by the County, the City, or their respective officers, agents and employees. The Parties hereby certify that these indemnification provisions were mutually negotiated and agreed to by the Parties. ARTIC .E VIt' E'ER.+ ORM, ANCE OF AGREEMENT 7.01 , PLL4NCE ;ffTHALL LAWS. Each Party shall comply with all federal, state, and local laws, rules, regulations and ordinances applicable to the performance of this Agreement, including without limitation, all those pertaining to wages and hours, confidentiality, disabilities, and discrimination. 7.02 MAINTENANCE AND AUDIT 9FRECORDS. Each Party shall maintain books, records, documents and other materials relevant to its performance under this Agreement. These records shall be subjected to inspection, review and audit by either Party or its designee, and the Washington State Auditor's Office. Each Party shall retain all such books, records, documents and other materials for the applicable retention period under federal and Washington law. 7.03 TREATMENT OFASSETSAND PROPERTY. No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 7.04 IMPROPER INFLUENCE. Each Party agrees, warrants and represents that it did not and will not employ, retain or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining or extending this Agreement. Each Party agrees, warrants and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining or extending this Agreement. 7.05 CONFLICT OF INTEREST. The elected and appointed officials and employees of the Parties shall not have any personal interest, direct or indirect, in this Agreement which gives rise to a conflict of interest. City of Ellensburg and Kittitas County Interlocal Agreement for Hansen Pits Master Site Plan 14