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<br /> Law,Title 51 RCW. The Contractor 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. As used in this paragraph: (1)"City"includes the City's officers,employees,agents,and
<br /> representatives and(2)"Claims"include,but is not limited to, any and all losses,claims,demands,
<br /> expenses(including,but not limited to, attorney's fees and litigation expenses),suits,judgments,or
<br /> damage,irrespective of the type of relief sought or demanded, such as money or injunctive relief,and
<br /> irrespective of whether the damage alleged is bodily injury, damage to property, economic loss, general
<br /> damages, special damages,or punitive damages.
<br /> 9. Insurance. Contractor shall procure and keep in force during the term of this Agreement, at
<br /> Contractor's own cost and expense, automobile liability insurance on all vehicles used by Contractor
<br /> in the performance of its duties under this Agreement. Proof of such insurance shall be provided to
<br /> the City prior to performing any services hereunder. A statement certifying that no vehicle will be
<br /> used in fulfilling this Agreement may be substituted for this insurance requirement.
<br /> 10. Independent Contractor.
<br /> A. It is further agreed by and between the parties that because this Agreement shall not constitute
<br /> nor create an employer-employee relationship, and since the Contractor is an independent contractor,
<br /> Contractor shall be responsible for all obligations relating to federal income tax, self-employment FICA
<br /> taxes and contributions,and all other so called employer taxes and contributions, including,but not
<br /> limited to, industrial insurance(Workmen's Compensation),and that the Contractor agrees to indemnify,
<br /> defend and hold the City harmless from any claims,valid or otherwise,made to the City,because of these
<br /> obligations.
<br /> B. Any and all employees of the Contractor,while engaged in the performance of any Work,shall
<br /> be considered employees of the Contractor only and not of the City, and any and all claims that may or
<br /> might arise under the Worker's Compensation Act on behalf of said employees or Contractor,while so
<br /> engaged in any and all claims made by a third party as a consequence of any negligent act or omission on
<br /> the part of the Contractor's employees,while so engaged on any of the Work, shall be the sole obligation
<br /> and responsibility of the Contractor.
<br /> C. Contractor shall comply with all applicable provisions.of the Fair Labor Standards Act and
<br /> other legislation affecting its employees and the rules and regulations issued thereunder insofar as
<br /> applicable to its employees and shall at all times save the City free, clear and harmless from all actions,
<br /> claims,demands and expenses arising out of said act,and rules and regulations that are or may be
<br /> promulgated in connection therewith.
<br /> D. Contractor assumes full responsibility for the payment of all payroll taxes,use, sales,income,
<br /> or other form of taxes(such as state and,city business and occupation taxes),fees,licenses, excises or
<br /> payments required by any city, federal or state legislation which are now or may during the term of the
<br /> Agreement be enacted as to all persons employed by the Contractor and as to all duties,activities and
<br /> requirements by the Contractor in performance of the Work and Contractor shall assume exclusive
<br /> liability therefore,and meet all requirements thereunder pursuant to any rules or regulations that are now
<br /> or may be promulgated in connection therewith.
<br /> 11. Employment. The Contractor warrants that it had not employed or retained any company or
<br /> person,other than a bona fide employee working solely for the Contractor,to solicit or secure this
<br /> Agreement and that it has not paid or agreed to pay any company or person,other than a bona fide
<br /> employee working solely for the Contractor, any fee,commission,percentage,brokerage fee,gifts,or any
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