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<br /> <br />00 52 13 - 3 <br />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 <br />all 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 <br />of minority group members and bids for the supply of goods or subcontracting of <br />services from qualified minority businesses. Contractor shall consider granting contracts <br />to possible minority suppliers and subcontractors on the basis of substantially equal <br />proposals in the light most favorable to the minority businesses. Contractor shall furnish <br />evidence of its compliance with these requirements. As used in this section, the term <br />“minority business” means a business at least fifty-one percent (51%) of which is owned <br />by minority group members. Minority group members include, but are not limited to, <br />African-Americans, Women, Native Americans, Asian/Pacific Islander-Americans, and <br />Hispanic-Americans. <br /> <br />8. Indemnification. <br />A. Contractor will defend, indemnify and hold harmless the City from any and all Claims <br />arising out or relating to any acts, errors, omissions, or conduct by Contractor in <br />connection with its performance of this Contract, including without limitation (and without <br />limiting the generality of the foregoing) all Claims resulting from Contractor’s <br />performance of, or failure to perform, its express and implied obligations under the <br />Contract. The Contractor will defend and indemnify and hold harmless the City whether <br />a Claim is asserted directly against the City, or whether a Claim is asserted indirectly <br />against the City, e.g., a Claim is asserted against someone else who then seeks <br />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 <br />duty to defend and indemnify the City. The City retains the right to approve Claims <br />investigation and counsel assigned to said Claim and all investigation and legal work <br />regarding said Claim shall be performed under a fiduciary relationship to the City. This <br />Section 8 is in addition to any other defense or indemnity or hold harmless obligation in <br />the Contract Documents. <br />B. The Contractor’s obligations under this Section 8 shall not apply to Claims caused <br />by the sole negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim, <br />and (2) such Claim is caused by or results from the concurrent negligence of (a) the <br />Contractor and (b) the City, then the Contractor’s liability under this Section 8 shall be <br />only to the extent of the Contractor’s 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, <br />but not limited to, attorney’s fees and litigation expenses), suits, judgments, or damage, <br />whether threatened, asserted or filed against the City, whether such Claims sound in <br />tort, contract, or any other legal theory, whether such Claims have been reduced to <br />judgment or arbitration award, irrespective of the type of relief sought or demanded <br />(such as money or injunctive relief), and irrespective of the type of damage alleged <br />(such as bodily injury, damage to property, economic loss, general damages, special