Public Psychological Services 10/29/2019

City. The amount of insurance obtained by. obtainable by, or required of Service Provider does not in any way limit Service Provider's duty to defend and indemnify the City. The City retains the right to approve Claims investigation and counsel assigned to said Claim and all investigation and legal work regarding said Claim shall be performed under a fiduciary relationship to the City. B. The Service Provider's obligations under this Section 8 shall not apply to Claims caused by the sole negligence of the City. If(1)RCW 4.24.115 applies to a particular Claim.and (2)such Claim is caused by or results from the concurrent negligence of(a) the Service Provider, its employees, subcontractors/subconsultants or agents and(b)the City.then the Service Provider's obligations under this Section 8 shall apply only to the extent allowed by RCW 4.24.115. C. Solely and expressly for the purpose of its duties to indemnify and defend the City, Service Provider specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. Service Provider recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. D. As used in this Section 8: (1)"City" includes the City, the City's officers, employees, agents. and representatives; (2)"Claims" include all losses,penalties, fines, claims, demands,expenses(including, but not limited to, attorney's fees and litigation expenses). suits,judgments, or damage,whether threatened,asserted or filed against the City,whether such Claims sound in tort,contract,or any other legal theory,whether such Claims have been reduced to judgment or arbitration award, irrespective of the type of relief sought or demanded(such as money or injunctive relief), and irrespective of the type of damage alleged(such as bodily injury, damage to property, economic loss, general damages, special damages,or punitive damages); and (3)"Service Provider"includes Service Provider, its employees, agents, representatives and subcontractors. If. and to the extent, Service Provider employs or engages subcontractors.then Service Provider shall ensure that each such subcontractor(and subsequent tiers of subcontractors) shall expressly agree to defend and indemnify the City to the extent and on the same terms and conditions as Service Provider pursuant to this Section 8. 9. Insurance. Service Provider shall procure and keep in force during the term of this Agreement. at Service Provider's own cost and expense.automobile liability insurance on all vehicles used by Service Provider in the performance of its duties under this Agreement. Proof of such insurance shall be provided to the City prior to performing any services hereunder. A statement certifying that no vehicle will be used in fulfilling this Agreement may be substituted for this insurance requirement. Additional insurance requirements are listed as part of RFP#2019-017 General Conditions. 10. Independent Contractor. A. This Agreement neither constitutes nor creates an employer-employee relationship. Service Provider must provide services under this Agreement as an independent contractor. Service Provider must comply with all federal and state laws and regulations applicable to independent contractors including, but not limited to,the requirements listed in this Section 10. Service Provider agrees to indemnify and defend the City from and against any claims,valid or otherwise,made against the City because of these obligations. B. In addition to the other requirements of this Section 10,if Service Provider is a sole proprietor. Service Provider agrees that Service Provider is not an employee or worker of the City under Chapter 51 of the Revised Code of Washington,Industrial Insurance for the service performed in accordance with this Agreement, by certifying to the following: (1) Service Provider is free from control or direction over the performance of the service;and Page 3 RFP 2019-039 Pre-Employment Psychological Examinations for Firefighters