2004/07/21 Council Agenda Packet

Exhibit "B" General Terms and Conditions I. General Conditions A. General Compliance The Contractor agrees to comply with the requirements of RCW 36.22.178 (the regulations concerning the Washington State Affordable Housing Trust Fund). The Contractor also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Contractor is an independent Contractor. C. Workers' Compensation The Contractor shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement provided for by the Workers Compensation Act of the State of Washington. D. Insurance & Bonding Public Liability and Property Damage: The Contractor shall maintain during the life of this Contract public liability and property damage insurance covering the Contractor's services hereunder in the sum of not less than one million dollars ($1,000,000) combined single limits bodily injury/property damage. Insurance shall cover work done by the Contractor or subcontractors and shall protect, as additional insured, the City from suits or claims for damages arising from operations under this Agreement or actions of the Contractor, subcontractors, and employees either direct or indirect unless waived by the City's Planning Director or designee. Contractor shall provide the City with a certificate of insurance in a form acceptable to the City Attorney and, by endorsement, naming the City, its officers, employees and agents as additional insured prior to performing any services pursuant to this agreement. The Contractor shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City.