|
City,e.g.,a Claim is asserted against someone else who then seeks contribution or indemnity from the
<br /> City. The amount of insurance obtained by,obtainable by,or required of Service Provider does not in
<br /> any
<br /> way limit Service Provider's duty to defend and indemnify the City. The City retains the right to
<br /> approve Claims 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.
<br /> B. The Service Provider's obligations under this Section 8 shall not apply to Claims caused by the
<br /> sole negligence of the City. If(1)RCW 4.24.115 applies to a particular Claim, and(2)such
<br /> Claim is caused by or results from the concurrent negligence of(a)the Service Provider, its
<br /> employees, subcontractors/subconsultants or agents and(b)the City,then the Service Provider's
<br /> obligations under this Section 8 shall apply only to the extent allowed by RCW 4.24.115.
<br /> C. Solely and expressly for the purpose of its duties to indemnify and defend the City, Service
<br /> Provider specifically waives any immunity it may have under the State Industrial Insurance Law,
<br /> Title 51 RCW. Service Provider recognizes that this waiver of immunity under Title 51 RCW was
<br /> specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual
<br /> negotiation.
<br /> D. As used in this Section 8: (1)"City" includes the City,the City's officers,employees,agents,and
<br /> representatives; (2)"Claims" include all losses,penalties, fines,claims,demands,expenses
<br /> (including, 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 tort,contract, or
<br /> any other legal theory,whether such Claims have been reduced to judgment or arbitration award,
<br /> irrespective of the type of relief sought or demanded(such as money or injunctive relief),and
<br /> irrespective of the type of damage alleged(such as bodily injury,damage to property, economic
<br /> loss,general damages, special damages,or punitive damages);and(3)"Service Provider"includes
<br /> Service Provider,its employees,agents,representatives and subcontractors. If, and to the extent,
<br /> Service Provider employs or engages subcontractors,then Service Provider shall ensure that each
<br /> such subcontractor(and subsequent tiers of subcontractors)shall expressly agree to defend and
<br /> indemnify the City to the extent and on the same terms and conditions as Service Provider pursuant
<br /> to this Section 8.
<br /> 9. Insurance. Service Provider shall procure and keep in force during the term of this Agreement,
<br /> at 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 shall be
<br /> provided to the City prior to performing any services hereunder. A statement certifying that no vehicle
<br /> will be used in fulfilling this Agreement may be substituted for this insurance requirement.
<br /> 10. 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 independent
<br /> contractors including, but not limited to,the requirements listed in this Section 10. Service Provider
<br /> agrees to indemnify and defend the City from and against any claims,valid or otherwise,made
<br /> against the City because of these obligations.
<br /> B. In addition to the other requirements of this Section 10, if Service Provider is a sole proprietor,
<br /> Page 3
<br /> (Form Approved by City Attorney's Office March 16,2015)
<br />
|