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consider the grant of subcontracts to said minority bidders on the basis of substantially equal
<br /> proposals in the light most favorable to said minority businesses.The Contractor shall be
<br /> required to submit evidence of compliance with this section as part of the bid. As used in this
<br /> section,the term "minority business" means a business at least fifty-one percent(51%) of
<br /> which is owned by minority group members. Minority group members include, but are not
<br /> limited to, African-Americans, Women, Native Americans, Asian/Pacific Islander-Americans,
<br /> and Hispanic-Americans.
<br /> 8. Indemnification. Except as otherwise provided in this section,the Contractor hereby agrees
<br /> to save, hold harmless, defend, and indemnify the City, its officers, employees, and agents
<br /> from any and all loss, claims, demands, suits, damage, or liability of any kind whatsoever,
<br /> whether or not reduced to judgment or arbitration award, in connection with, or arising out
<br /> of,this Contract, or resulting from Contractor's(or its subcontractor's or supplier's)
<br /> performance of, or failure to perform, its express and implied obligations under the Contract.
<br /> Contractor shall pay any judgment that may be obtained against the City, its officers,
<br /> employees,agents, or third persons in such suit.The Contractor's obligations under this
<br /> Section 8 shall not apply to loss, claims, demands, suits, damage, or liability caused by the
<br /> sole negligence of the City. If(1) RCW 4.24.115 applies to a particular loss, claim, demand,
<br /> suit, damage, or liability, and (2) such loss, claim, demand, suit, damage, or liability is caused
<br /> by or results from the concurrent negligence of(a)the Contractor, its employees,
<br /> subcontractors/subconsultants or agents and (b)the City or its agents or employees,then
<br /> the Contractor's obligations under this Section 8 shall apply only to the extent allowed by
<br /> RCW 4.24.115. The City shall give Contractor reasonable notice of such claim.The City
<br /> retains the right to approve claims investigation and counsel assigned to said claim, and all
<br /> investigation and legal work regarding said claim shall be performed under a fiduciary
<br /> relationship to the City.
<br /> 9. Insurance.The Contractor shall purchase and maintain such insurance as set forth in the
<br /> Contract Documents Failure to maintain such insurance shall be a material breach of the
<br /> Contract. City shall be entitled to damages for such a breach that include, but are not limited
<br /> to, any loss (including, but not limited to, third-party litigation expenses and professional
<br /> fees) suffered by the City if the City is determined to be solely or concurrently negligent, and
<br /> if the City suffers any Toss or must pay or defend against any such claim, suit, demand or
<br /> damage as a result of such breach.
<br /> 10. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution against
<br /> the City. It is agreed and mutually negotiated that in any and all claims against the City, its
<br /> agents or employees,the Contractor, a subcontractor, anyone directly or indirectly
<br /> employed by the Contractor or subcontractor, or anyone for whose acts any of them may be
<br /> liable,the defense and indemnification obligations hereunder shall not be limited in any way
<br /> by any limitation on the amount of damages, compensation, or benefits payable by or for the
<br /> Contractor or any subcontractor under industrial worker's compensation acts, disability
<br /> benefit acts,or other employees' benefit acts.
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