|
7
<br />7.1
<br />7.2
<br />7.3
<br />7.4
<br />7.5
<br />costs of supplying or contracting for such facilities and for all expenses related
<br />to the care of impounded animals.
<br />INDEMNIFICATION AND INSURANCE REQUIREMENTS
<br />Kittitas County shall defend, indemnify, and hold South Cle Elum" and its
<br />officers, officials, employees, agents, and volunteers, hamrless from any and all
<br />claims, injuries, damages,losses or suits, including alllegal and attomeys'fees,
<br />arising out of or in connection with the perfonnance of this Agreement, except
<br />for injuries or damages caused by the sole negligence of South Cle Elum,
<br />including but not limited to any item listed in Section 7.2.
<br />If a claim or suit is brought against Kittitas County or South Cle Elunr, the
<br />basis of which is the enforcement of an allegedly unconstitutional or unlawful
<br />ordinance of South Cle Elum, South Cle Elum shall defend, indemnify, and
<br />hold Kittitas County, its officers, officials, employees, agents and volunteers,
<br />hannless from any and all claims, injuries, damages, losses or suits, including
<br />all legal costs and attomeys' fees incurred in relation therewith. In executing
<br />this Agreement, the County does not assume liability or responsibility for or in
<br />any way release South Cle Elum from any liability or responsibility that arises
<br />in whole or in part from the existence or effect of South Cle Elum ordinances,
<br />rules, or regulations. In any cause, clair4 suit, action or administrative
<br />proceeding in which the enforceabilify and/or validity of any such South Cle
<br />Elum ordinance, rule orregulation is at issue, South Cle Elum shall defend on
<br />that issue at its sole expense, and ifjudgment is entered or damages are
<br />awarded against South Cle Elum, the County, or both, on that issue, South Cle
<br />Elum shall satisfy the same, including all chargeable costs and attomey's fees,
<br />attributable to the existences or effect of a South Cle Elum ordinance, rule or
<br />regulation. In any such cause, clairn, suit, or action, each party shall otherwise
<br />remain responsible for its own acts or omissions, as well as those of its elected
<br />and appointed officials, officers, employees and agents,
<br />It is specifically and expressly understood that the indemnification provided
<br />herein constifutes Kittitas County's waiver of immunity underlndustrial
<br />Insurance, Title 51 RCW, solely for the purposes of this indemnification. The
<br />Parties further acknowledge that they have mutually negotiated this waiver.
<br />Both Parties shall procure and maintain for the duration of this Agreement
<br />insurance against claims for injwies to persons or damage to property that may
<br />arise from or in connection with this Agreement.
<br />Within fifteen (15) days of the commencement of this Agreement, Kittitas
<br />County shall provide evidence of the following insurance coverage and limits
<br />at a minimum:
<br />Law enforcement or police professional insurance in an amount not less than
<br />$1,000,000.00 per occuffence with a $2,000,000.00 aggregate.
<br />7.5.1
<br />Page 5 of 8
|