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Contract (00 5213) - 3 <br />is without merit, or satisfies any judgment in favor of the claimant on such claim. The City shall <br />not be liable for interest during the period the funds are so held. <br />6.Compliance with Employment and Wage Laws. Contractor agrees to comply with all <br />state and federal laws relating to the employment of labor and wage rates to be paid. <br />7.RCW 35.33.650. Contractor shall actively and in good faith solicit the employment of <br />minority group members and bids for the supply of goods or subcontracting of services from <br />qualified minority businesses. Contractor shall consider granting contracts to possible minority <br />suppliers and subcontractors on the basis of substantially equal proposals in the light most <br />favorable to the minority businesses. Contractor shall furnish evidence of its compliance with <br />these requirements. As used in this section, the term “minority business” means a business at <br />least fifty-one percent (51%) of which is owned by minority group members. Minority group <br />members include, but are not limited to, African-Americans, Women, Native Americans, <br />Asian/Pacific Islander-Americans, and Hispanic-Americans. <br />8.Indemnification. <br />A. Contractor will defend, indemnify and hold harmless the City from any and all Claims arising <br />out or relating to any acts, errors, omissions, or conduct by Contractor in connection with its <br />performance of this Contract, including without limitation (and without limiting the generality <br />of the foregoing) all Claims resulting from Contractor’s performance of, or failure to perform, its <br />express and implied obligations under the Contract. The Contractor will defend and indemnify <br />and hold harmless the City whether a Claim is asserted directly against the City, or whether a <br />Claim is asserted indirectly against the City, e.g., a Claim is asserted against someone else who <br />then seeks 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 duty to <br />defend and indemnify the City. The City retains the right to approve Claims investigation and <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. This Section 8 is in addition to any other <br />defense or indemnity or hold harmless obligation in the Contract Documents. <br />B. The Contractor’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 <br />caused by or results from the concurrent negligence of (a) the Contractor and (b) the City, then <br />the Contractor’s liability under this Section 8 shall be only to the extent of the Contractor’s <br />negligence. <br />C. As used in this section: (1) “City” includes the City’s officers, employees, agents, and <br />representatives; (2) “Claims” include all losses, claims, demands, expenses (including, but not <br />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 <br />any other legal theory, whether such Claims have been reduced to judgment or arbitration <br />award, irrespective of the type of relief sought or demanded (such as money or injunctive