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I <br /> City of Everett 00 52 13 - 3 <br /> Water Filter Plant Portal 4 Improvements WO# 3755 <br /> 7. RCW 35.33.650. Contractor shall actively and in good faith solicit the employment <br /> of minority group members and bids for the supply of goods or subcontracting of <br /> services from qualified minority businesses. Contractor shall consider granting contracts <br /> to possible minority suppliers and subcontractors on the basis of substantially equal <br /> proposals in the light most favorable to the minority businesses. Contractor shall furnish <br /> evidence of its compliance with these requirements. As used in this section, the term <br /> "minority business" means a business at least fifty-one percent (51%) of which is owned <br /> by minority group members. Minority group members include, but are not limited to, <br /> African-Americans, Women, Native Americans, Asian/Pacific Islander-Americans, and <br /> Hispanic-Americans. <br /> 8. Indemnification. <br /> A. Contractor will defend, indemnify and hold harmless the City from any and all Claims <br /> arising out or relating to any acts, errors, omissions, or conduct by Contractor in <br /> connection with its performance of this Contract, including without limitation (and without <br /> limiting the generality of the foregoing) all Claims resulting from Contractor's <br /> performance of, or failure to perform, its express and implied obligations under the <br /> Contract. The Contractor will defend and indemnify and hold harmless the City whether <br /> a Claim is asserted directly against the City, or whether a Claim is asserted indirectly <br /> against the City, e.g., a Claim is asserted against someone else who then seeks <br /> contribution or indemnity from the City. The amount of insurance obtained by, <br /> obtainable by, or required of the Contractor does not in any way limit the Contractor's <br /> duty to defend and indemnify the City. The City retains the right to approve Claims <br /> investigation and counsel assigned to said Claim and all investigation and legal work <br /> regarding said Claim shall be performed under a fiduciary relationship to the City. This <br /> Section 8 is in addition to any other defense or indemnity or hold harmless obligation in <br /> the Contract Documents. <br /> B. The Contractor's obligations under this Section 8 shall not apply to Claims caused <br /> by the sole negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim, <br /> and (2) such Claim is caused by or results from the concurrent negligence of (a) the <br /> Contractor and (b) the City, then the Contractor's obligations under this Section 8 shall <br /> apply only to the extent allowed by RCW 4.24.115. <br /> 1 <br /> I <br /> I <br /> I <br /> I <br /> 00 52 13 - 3 AGREEMENT FORM <br /> I <br />