Resolution 2024-063 (2) - Laserfiche WebLink

Home Browse Search

erors or omissions of the parties in the reasonable perfofinance of their duties under this Agreement, except for those injuries and damages that are caused or are attributable to the negligence of the agency. 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 properly caused by or resulting from the concurrent negligence of COUNTY and DISTRICT and their officers, officials, employees and volunteers, the parties liability, including the duty and cost to defend shall be only to the extent of the responsible parties negligence. The provisions of this section shall survive the expiration or termination of this Agreement. E. Attorney's Fees. If any legal action or proceeding is commenced relating to this Agreement, the prevailing party is entitled to recover its reasonable attorneys' fees and costs. F. By signing this agreement, both parties certify that neither they nor their officials are not debarred, suspended, declared ineligible, or voluntarily excluded from participation in this transaction by any federal agency or department. V. RECORDS MAINTENANCE The parties to this contract shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the seruices described herein. These records shall be subject to inspection, review or audit by personnel of both pafiies, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorizedby the parties shall have fulI accdss and the right to examine any of these materials during this period. Records and other documents, in any medium, fumished by one party to this agreement to the other par:ty, will remain the property of the furnishing parlry, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the fumishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. VI. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the perforrnance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. VII. AGREEMENT ALTERATIONS AND AMENDMENTS This agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Page 3 of6