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<br /> POLICE HQ—MASONRY CLEANING AND REPAIR APRIL 15, 2016
<br /> 7. Disadvantaged Business Enterprises. Contractor shall actively and in good faith solicit
<br /> the employment of minority group members and bids for the supply of goods or subcontracting
<br /> of services from qualified minority businesses. Contractor shall consider granting contracts to
<br /> possible minority suppliers and subcontractors on the basis of substantially equal proposals in the
<br /> light most favorable to the minority businesses. Contractor shall furnish evidence of its
<br /> compliance with these requirements. As used in this section,the term"minority business"means
<br /> a business at least fifty-one percent(51%) of which is owned by minority group members.
<br /> ' Minority group members include, but are not limited to, African-Americans, Women,Native
<br /> Americans, Asian/Pacific Islander-Americans, and 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
<br /> from any and all loss, claims, demands, suits, damage, or liability of any kind whatsoever,
<br /> whether or not reduced to judgment or arbitration award, in connection with, or arising out of,
<br /> ' this Contract, or resulting from Confractor's (or its subcontractor's or supplier's)performance of,
<br /> or failure to perform, its express and implied obligations under the Contract. Contractor shall pay
<br /> ' any judgment that may be obtained against the City, its officers, employees, agents or third
<br /> persons in such suit. The Contractor's obligations under this Section 8 shall not apply to loss,
<br /> claims, demands, suits, damage, or liability caused by the sole negligence of the City. If(1)
<br /> RCW 4.24.115 applies to a particular loss, claim, demand, suit, damage, or liability, and (2) such
<br /> ' loss, claim, demand, suit, damage, or liability is caused by or results from the concurrent
<br /> negligence of(a)the Contractor, its employees, subcontractors/subconsultants or agents and(b)
<br /> the City or its agents or employees, then the Contractor's obligations under this Section 8 shall
<br /> ' apply only to the extent allowed by RCW 4.24.115. The City shall give Contractor reasonable
<br /> notice of such claim. The City retains the right to approve claims investigation and counsel
<br /> ' assigned to said claim and all investigation and legal work regarding said claim shall be
<br /> performed under a fiduciary relationship to the City.
<br /> 9. Insurance. The Contractor shall purchase and maintain such insurance as will protect it
<br /> from any and all claims, suits, demands, damages, or liability arising out of, or in connection
<br /> with,this Contract, or resulting from Contractor's (or its subcontractor's or supplier's)
<br /> performance of, or failure to perform, its express and implied obligations under the Contract,
<br /> including,but not limited to such claims as may arise out of or result from the Contractor's
<br /> operations under the Contract, whether such operations be by itself, any subcontractor or
<br /> supplier,by anyone directly or indirectly employed by any of them, or by anyone for whose acts
<br /> ' any of them may be liable. If not specified elsewhere in the Contract, such insurance shall
<br /> provide coverage at no less than $2,000,000. The Contractor's policies shall endorse the City,
<br /> including its officers, employees, agents and representatives, as additional insureds. The
<br /> ' Contractor shall comply with the insurance requirements set forth in the Contract Documents.
<br /> Failure to maintain such insurance shall be a material breach of the Contract. City shall be
<br /> entitled to damages for such a breach that include, but are not limited to, any loss (including,but
<br /> ' not limited to,third party litigation expenses and professional fees) suffered by the City if the
<br /> City is determined to be solely or concurrently negligent, and if the City suffers any loss or must
<br /> pay 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,
<br /> AGREEMENT FORM 00 5213 -3
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