|
shall not apply to Claims caused by the sole negligence of the City. If (1) RCW 4.24.115 applies to
<br />a particular Claim, and (2) such Claim is caused by or results from the concurrent negligence of
<br />(a) Service Provider, its employees, subcontractors/subconsultants or agents and (b) the City,
<br />then Service Provider's obligations under this Section shall be only to the extent of Service
<br />Provider's negligence. Solely and expressly for the purpose of its duties to indemnify and defend
<br />and save harmless the City, Service Provider specifically waives any immunity it may have under
<br />the State Industrial Insurance Law, Title 51 RCW. Service Provider recognizes that this waiver of
<br />immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW
<br />4.24.115 and was the subject of mutual negotiation. As used in this Section: (1) "City" includes
<br />the City, the City's officers, employees, agents, and representatives and (2) "Claims" include, but
<br />is not limited to, any and all losses, penalties, fines, claims, demands, expenses (including, but not
<br />limited to, attorney's fees and litigation expenses), suits, judgments, or damages, irrespective of
<br />the type of relief sought or demanded, such as money or injunctive relief, and irrespective of
<br />whether the damage alleged is bodily injury, damage to property, economic loss, general
<br />damages, special damages, or punitive damages or infringement or misappropriation of any
<br />patent, copyright, trade secret or other proprietary right. If, and to the extent, Service Provider
<br />e mploys or engages subconsultants or subcontractors, then Service Provider shall ensure that
<br />e ach such subconsultant and subcontractor (and subsequent tiers of subconsultants and
<br />subcontractors) shall expressly agree to defend and indemnify and save harmless the City to the
<br />e xtent and on the same terms and conditions as Service Provider pursuant to this Section. The
<br />provisions of this Section shall survive the termination of this Agreement.
<br />11. Insurance. Service Provider shall procure and keep in force during the term of this Agreement, at
<br />Service Provider's own cost and expense, automobile liability insurance on all vehicles used by
<br />Service Provider in the performance of its duties under this Agreement. Proof of such insurance
<br />shall be provided to the City prior to performing any services hereunder. A statement certifying
<br />that no vehicle will be used in fulfilling this Agreement may be substituted for this insurance
<br />requirement.
<br />12. Risk of Loss. Service Provider shall be solely responsible for the safety of its employees agents
<br />and subcontractors in the performance of the work hereunder and shall take all protections
<br />reasonably necessary for that purpose. All work shall be done at Service Provider's own risk, and
<br />Service Provider shall be solely responsible for any loss of or damage to Service Provider's
<br />materials, tools, or other articles used or held for use in connection with the work.
<br />13. Independent Contractor.
<br />A. This Agreement neither constitutes nor creates an employer -employee relationship. Service
<br />Provider must provide services under this Agreement as an independent contractor. Service
<br />Provider must comply with all federal and state laws and regulations applicable to
<br />independent contractors including, but not limited to, the requirements listed in this Section.
<br />Service Provider agrees to indemnify and defend the City from and against any claims, valid
<br />or otherwise, made against the City because of these obligations.
<br />B. In addition to the other requirements of this Section, if Service Provider is a sole proprietor,
<br />Service Provider agrees that Service Provider is not an employee or worker of the City under
<br />Chapter 51 of the Revised Code of Washington, Industrial Insurance for the service
<br />performed in accordance with this Agreement, by certifying to the following:
<br />(1) Service Provider is free from control or direction over the performance of the
<br />service; and
<br />(2) The service performed is outside the usual course of business for the City, or will
<br />not be performed at any place of business of the City, or Service Provider is
<br />responsible for the costs of the principal place of business from which the service
<br />General Provisions - 3
<br />
|