|
8 •
<br /> 0. The parking fee schedule may be adjusted by the Manager upon written approval of the
<br /> City Representative. Parking fees will generally be kept comparable to rates charged by other
<br /> parking facilities in Everett. This schedule will prevail and will be consistent with the City's most
<br /> current resolution establishing parking fees as passed by City Council.
<br /> P. The Manager will submit in writing any maintenance requests over five hundred dollars
<br /> ($500), special request for other use, or promotional coordination with downtown merchant
<br /> groups. This correspondence will be directed only to the City's representative, who will in turn
<br /> coordinate the requests within the City.
<br /> 7. RISK MANAGEMENT
<br /> A. Indemnity
<br /> Except as otherwise provided in this Section 7.A., the Manager hereby agrees to defend and
<br /> indemnify the City from any and all Claims arising out of, in connection with, or incident to
<br /> any negligent or intentional acts, errors, omissions, or conduct by the Manager (or its
<br /> employees, agents, representatives or subcontractors/subconsultants) relating to this
<br /> Agreement, whether such Claims sound in contract, tort, or any other legal theory. The
<br /> Manager is obligated to defend and indemnify the City pursuant to this Section 7.A. whether
<br /> a Claim is asserted directly against the City, or whether it is asserted indirectly against the
<br /> City, e.g., a Claim is asserted against someone else who then seeks contribution or
<br /> indemnity from the City. The Manager's duty to defend and indemnify pursuant to this
<br /> Section 7.A. is not in any way limited to, or by the extent of, insurance obtained by,
<br /> obtainable by, or required of the Manager. The Manager's obligations under this Section
<br /> 7.A. shall not apply to Claims caused by the sole negligence of the City. If (1) RCW
<br /> 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results from the
<br /> concurrent negligence of (a) the Manager, its employees, subcontractors/subconsultants or
<br /> agents and (b) the City, then the Manager's obligations under this Section 7.A. shall apply
<br /> only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its
<br /> duties to indemnify and defend the City, the Manager specifically waives any immunity it
<br /> may have under the State Industrial Insurance Law, Title 51 RCW. The Manager
<br /> recognizes that this waiver of immunity under Title 51 RCW was specifically entered into
<br /> pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. As
<br /> used in this Section 10: (1) "City" includes the City, the City's officers, employees, agents,
<br /> and representatives and (2) "Claims" include, but is not limited to, any and all losses,
<br /> penalties, fines, claims, demands, expenses (including, but not limited to, attorney's fees
<br /> and litigation expenses), suits, judgments, or damages, irrespective of the type of relief
<br /> sought or demanded, such as money or injunctive relief, and irrespective of whether the
<br /> damage alleged is bodily injury, damage to property, economic loss, general damages,
<br /> special damages, or punitive damages. If, and to the extent, the Manager employs or
<br /> engages subconsultants or subcontractors, then the Manager shall ensure that each such
<br /> subconsultant and subcontractor (and subsequent tiers of subconsultants and
<br /> subcontractors) shall expressly agree to defend and indemnify the City to the extent and on
<br /> the same terms and conditions as the Manager pursuant to this Section 7.A.
<br /> B. Insurance
<br /> 1. The Manager shall comply with the following conditions and procure and keep in
<br /> force during the term of this Agreement, at the Manager's own cost and expense,
<br /> the following policies of insurance with companies authorized to do business in
<br /> 7
<br /> 84
<br />
|