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<br />(Form Approved by City Attorney’s Office July 13, 2011, updated March 13, 2022)
<br />8. Subletting/Assignments of Contracts. This is a contract for personal services. Artist
<br />shall not sublet or assign any of the Performance without the express, prior written consent of the
<br />City.
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<br />9. Indemnification. Except as otherwise provided in this paragraph, the Artist hereby
<br />agrees to defend and indemnify the City from any and all claims arising out of, in connection
<br />with, or incident to any acts, errors, omissions, or conduct by Artist (or its employees, agents,
<br />representatives or support personnel) relating to this Agreement, whether such Claims sound in
<br />contract, tort, or any other legal theory. Solely and expressly for the purpose of its duties to
<br />indemnify and defend the City, the Artist specifically waives any immunity it may have under
<br />the State Industrial Insurance Law, Title 51 RCW. The Artist recognizes that this waiver of
<br />immunity under Title 51 RCW was specifically entered into pursuant to th e provisions of RCW
<br />4.24.115 and was the subject of mutual negotiation. As used in this paragraph: (1) “City”
<br />includes the City’s officers, employees, agents, and representatives and (2) “Claims” include, but
<br />is not limited to, any and all losses, claims, demands, expenses (including, but not limited to,
<br />attorney’s fee and litigation expenses), suits, judgments, or damage, irrespective of the type of
<br />relief sought or demanded, such as money or injunctive relief, and irrespective of whether the
<br />damage alleged is bodily injury, damage to property, economic loss, general damages, special
<br />damages, or punitive damages.
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<br />10. Insurance. Artist shall procure and keep in force during the term of this Agreement, at
<br />Artist’s own cost and expense, automobile liability insurance on all vehicles used by Artist in the
<br />performance of its duties under this Agreement. Proof of insurance shall be provided to the City
<br />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 />11. Independent Artist. Artist is an independent contractor, and not an employee. Artist
<br />shall be responsible for all obligations relating to taxes (payroll, sales, use, income, industr ial
<br />insurance (Workmen’s Compensation, etc.), fees, licenses, excises or payments required by any
<br />city, federal or state law).
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<br />12. Compliance with Laws. Artist shall comply with all applicable federal, state and local
<br />laws and regulations, including, but not limited to, providing access to auditors to examine all of
<br />the Artist’s records and documents with respect to all matters covered by this Agreement,
<br />obtaining a City and State business license, and fulfilling state Department of Revenue and
<br />Labor and Industries requirements.
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<br />13. Equal Employment Opportunity. Artist shall not discriminate against any employee,
<br />applicant for employment, independent contractor, or proposed independent contractor, on the
<br />basis of race, color, religion, sex, age, disability, marital state, or national origin.
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