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<br />6.Compliance with Employment and Wage Laws. Contractor agrees to comply with all state
<br />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
<br />relief), and irrespective of the type of damage alleged (such as bodily injury, damage to
<br />property, economic loss, general damages, special damages, or punitive damages); and (3)
<br />“Contractor” includes Contractor, its employees, agents, representatives and subcontractors.
<br />If, and to the extent, Contractor employs or engages subcontractors, then Contractor shall
<br />ensure that each such subcontractor (and subsequent tiers of subcontractors) shall expressly
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