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<br /> (Form Approved by City Attorney’s Office January 1, 2010, updated March 13, 2022)
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<br />counsel assigned to said Claim and all investigation and legal work regarding said Claim shall be
<br />performed under a fiduciary relationship to the City.
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<br />B. The Service Provider’s obligations under this Section 8 shall not apply to Claims caused by the sole
<br />negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused
<br />by or results from the concurrent negligence of (a) the Service Provider, its employees,
<br />subcontractors/subconsultants or agents and (b) the City, then the Service Provider’s obligations under
<br />this Section 8 shall apply only to the extent allowed by RCW 4.24.115.
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<br />C. Solely and expressly for the purpose of its duties to indemnify and defend and save harmless the City,
<br />Service Provider specifically waives any immunity it may have under the State Industrial Insurance Law,
<br />Title 51 RCW. Service Provider recognizes that this waiver of immunity under Title 51 RCW was
<br />specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual
<br />negotiation.
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<br />D. As used in this Section 8: (1) “City” includes the City, the City’s officers, employees, agents, and
<br />representatives; (2) “Claims” include all losses, penalties, fines, claims, demands, expenses (including,
<br />but not limited to, attorney’s fees and litigation expenses), suits, judgments, or damage, whether
<br />threatened, asserted or filed against the City, whether such Claims sound in tort, contract, or any other
<br />legal theory, whether such Claims have been reduced to judgment or arbitration award, irrespective of the
<br />type of relief sought or demanded (such as money or injunctive relief), and irrespective of the type of
<br />damage alleged (such as bodily injury, damage to property, economic loss, general damages, special
<br />damages, or punitive damages or infringement or misappropriation of any patent, copyright, trade secret,
<br />or other proprietary right); and (3) “Service Provider” includes Service Provider, its employees, agents,
<br />representatives and subcontractors. If, and to the extent, Service Provider employs or engages
<br />subcontractors, then Service Provider shall ensure that each such subcontractor (and subsequent tiers of
<br />subcontractors) shall expressly agree to defend and indemnify and save harmless the City to the extent
<br />and on the same terms and conditions as Service Provider pursuant to this Section 8. The provisions of
<br />this Section 8 shall survive the expiration or termination of this Agreement.
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<br />9. Insurance. Service Provider shall procure and keep in force during the term of this Agreement,
<br />at Service Provider’s own cost and expense, automobile liability insurance on all vehicles used by Service
<br />Provider in the performance of its duties under this Agreement. Proof of such insurance shall be provided
<br />to the City prior to performing any services hereunder. A statement certifying that no vehicle will be used
<br />in fulfilling this Agreement may be substituted for this insurance requirement.
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<br />10. Independent Contractor.
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<br />A. This Agreement neither constitutes nor creates an employer-employee relationship. Service Provider
<br />must provide services under this Agreement as an independent contractor. Service Provider must comply
<br />with all federal and state laws and regulations applicable to independent contractors including, but not
<br />limited to, the requirements listed in this Section 10. Service Provider agrees to indemnify and defend the
<br />City from and against any claims, valid or otherwise, made against the City because of these obligations.
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<br />B. In addition to the other requirements of this Section 10, if Service Provider is a sole proprietor,
<br />Service Provider agrees that Service Provider is not an employee or worker of the City under Chapter 51
<br />of the Revised Code of Washington, Industrial Insurance for the service performed in accordance with
<br />this Agreement, by certifying to the following:
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