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<br />7.Disadvantaged Business Enterprises. Contractor agrees that the contractor shall actively
<br />solicit the employment of minority group members. Contractor further agrees that the contractor shall
<br />actively solicit bids for the subcontracting of goods or services from qualified minority businesses.
<br />Contractor shall furnish evidence of the Contractor's compliance with these requirements of minority
<br />employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said
<br />minority bidders on the basis of substantially equal proposals in the light most favorable to said minority
<br />businesses. The Contractor shall be required to submit evidence of compliance with this section as part
<br />of the bid. As used in this section, the term “minority business” means a business at least fifty -one
<br />percent (51%) of which is owned by minority group members. Minority group members include, but are
<br />not limited to, African-Americans, Women, Native Americans, Asian/Pacific Islander-Americans, and
<br />Hispanic-Americans.
<br />8. Indemnification. Except as otherwise provided in this section, the Contractor hereby
<br />agrees to save, hold harmless, defend, and indemnify the City, its officers, employees and agents from
<br />any and all loss, claims, demands, suits, damage, or liability of any kind whatsoever, whether or not
<br />reduced to judgment or arbitration award, in connection with, or arising out of, this Contract, or
<br />resulting from Contractor’s (or its subcontractor’s or supplier’s) performance of, or failure to perform, its
<br />express and implied obligations under the Contract. Contractor shall pay any judgment that may be
<br />obtained against the City, its officers, employees, agents or third persons in such suit. The Contractor’s
<br />obligations under this Section 8 shall not apply to loss, claims, demands, suits, damage, or liability
<br />caused by the sole negligence of the City. If (1) RCW 4.24.115 applies to a particular loss, claim,
<br />demand, suit, damage, or liability, and (2) such loss, claim, demand, suit, damage, or liability is caused by
<br />or results from the concurrent negligence of (a) the Contractor, its employees,
<br />subcontractors/subconsultants or agents and (b) the City or its agents or employees, then the
<br />Contractor’s obligations under this Section 8 shall apply only to the extent allowed by RCW 4.24.115.
<br />The City shall give Contractor reasonable notice of such claim. The City retains the right to approve
<br />claims investigation and counsel assigned to said claim and all investigation and legal work regarding
<br />said claim shall be performed under a fiduciary relationship to the City.
<br />9. Insurance. The Contractor shall purchase and maintain such insurance as set forth in
<br />the Contract Documents. Failure to maintain such insurance shall be a material breach of the Contract.
<br />City shall be entitled to damages for such a breach that include, but are not limited to, any loss
<br />(including, but not limited to, third party litigation expenses and professional fees) suffered by the City if
<br />the City is determined to be solely or concurrently negligent, and if the City suffers any loss or must pay
<br />or defend against any such claim, suit, demand or damage as a result of such breach.
<br />10.Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution
<br />against the City. It is agreed and mutually negotiated that in any and all claims against the City, its
<br />agents or employees, the Contractor, a subcontractor, anyone directly or indirectly employed by the
<br />Contractor or subcontractor, or anyone for whose acts any of them may be liable, the defense and
<br />indemnification obligations hereunder shall not be limited in any way by any limitation on the amount of
<br />damages, compensation, or benefits payable by or for the Contractor or any subcontractor under
<br />industrial worker’s compensation acts, disability benefit acts, or other employees’ benefit acts. Solely
<br />for the purpose of indemnification and defense as provided in this Contract, the Contractor specifically
<br />waives any immunity under the State Industrial Insurance Law, Title 51 RCW. The Contractor expressly
<br />acknowledges that this waiver of immunity under Title 51 RCW was the subject of mutual negotiation
<br />and was specifically entered into pursuant to the provisions of RCW 4.24.115.
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