The Law Office of Christian W. Smith 9/21/2020

. - .... _ .r. ✓ , J product privilege. The Conflict Public Defense Attorney shall keep all records required by this Agreement for five (5)years after termination of this Agreement for audit purposes. S. Hojd Harmless and Indemnity, The Conflict Public Defense Attorney agrees to hold harmless and indemnify the City, Its officers, officials, agents, employees; ar.d representatives from and against any and all claims, costs,judgments, losses, or suits including Conflict Public Defense Attorney's fees or awards, and including any claims that might otherwise be immune under Title 51 arising out of or in connection with any willful misconduct or negligent error, or omission of the Conflict Public Defense Attorney, his/her officers or agents. It is specifically and expressly understood that the indemniflcaticn provided herein constitutes the waiver of the Conflict Public Defense Attorney's waiver of Immunity under Title 51 RCW solely for the purposes of this indemnification. The parties have mutually negotiated this waiver. The City agrees to hold harmless and indemnify the Conflict Public Defense Attorney, his/her/its officers,officials, agents, employees,and representatives from and against any and all claims, costs,judgments, losses, or suits including Public Defender's fees or awards, arising out of or in connection with any willful misconduct or negligent error or omission of the City,its officers or agents. This Section 9 shall survive the termination or expiration of this Agreement and shall continue to be in effect for any claims or causes of action arising hereunder. 9. Insurance Requirements. The Conflict Public Defense Attorney shall procure by the time of execution of this Agreement, and maintain for the duration of this Agreement, (I) insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the services hereunder by the Conflict Public Defense Attorney, its agents,representatives, or employees, and (ii)a current certificate of insurance and additional insured endorsement when applicable. By requiring the minimum insurance coverage set forth In this Section 10,the City shall not he deemed or construed to have assessed the risks that may be applicable to the Conflict Public Defense Attorney under this Agreement. The Conflict Public Defense Attorney shall assess its own risks and, if it deems appropriate or prudent, maintain greater limits or broader coverage. 9.1. General. Professional Liability. Errors and Omissions coverage, may be written on a "claims made"basis. if coverage is approved and purchased on a"claims made" basis, the Conflict Public Defense Attorney warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period,if such extended coverage is available,for not less than three (3)years from the date of completion of the work which is the subject of this Agreement. 9.2. No Limitation on Liability. The Conflict Public Defense Attorney's maintenance of insurance as required by this Agreement shall not be construed to limit the ?lability of Conflict Legal Services -Page 5