2009/10/14 Council Agenda Packet

• 1 B. Indemnification of the State. To the fullest extent permitted by law, the Subgrantee shall indemnify, defend, and hold harmless the state of Washington, CTED, all other agencies of the state and all officers, authorized agents, and employees of the state, from and against all claims or damages for injuries to persons or property arising out of or incident to Subgrantee's performance or failure to perform this Agreement. The Subgrantee's obligation to indemnify, defend, andhold harmless includes any claim made by, or arising out of any act or omission of, the Subgrantee's agents, employees, representatives, or any subcontractor of Subgrantee (including without limitation any Homeowner Assistance Nonprofit Organization or any Rehabilitation Nonprofit Organization)or its agents, employees or representatives. The Subgrantee's obligation to indemnify, defend and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the State or its agents, agencies, employees, and officers. The Subgrantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officers, agents or employees. C. State Not Liable. CTED and the State of Washington are not liable for claims or damages arising from Subgrantee's performance of this Agreement. D. Residential Construction and Rehabilitation. Unless otherwise provided by the City in writing, if any portion of the Subgrant is used for residential construction and rehabilitation, then the Subgrantee shall perform the following in a manner acceptable to City: (1) prepare bid documents, if required by applicable law; (2) request federal and state prevailing wages, if required by applicable law; (3) complete final design and construction plans; (4) conduct a bidopening, if required by applicable law; and (5) select a qualified contractor. A-5 18