|
9. Subletting/Assignment of Contracts. Service Provider shall not sublet or assign any of the work
<br />without the express, prior written consent of the City.
<br />10. Indemnification. Except as otherwise provided in this Section 10, the Service Provider hereby
<br />agrees to defend and indemnify the City from any and all Claims arising out of, in connection with, or
<br />incident to any negligent or intentional acts, errors, omissions, or conduct by Service Provider (or its
<br />employees, agents, representatives or subcontractors/subconsultants) relating to this Agreement, whether
<br />such Claims sound in contract, tort, or any other legal theory. The Service Provider is obligated to
<br />defend and indemnify the City pursuant to this Section 10 whether a Claim is asserted directly against
<br />the City, or whether it is asserted indirectly against the City, e.g., a Claim is asserted against someone
<br />else who then seeks contribution or indemnity from the City. The Service Provider's duty to defend and
<br />indemnify pursuant to this Section 10 is not in any way limited to, or by the extent of, insurance
<br />obtained by, obtainable by, or required of the Service Provider. The Service Provider's obligations under
<br />this Section. 10 shall not apply to Claims caused by the sole negligence of the City. If (1) RCW 4.24.115
<br />�*lies to a particular Claim, affd..(2)'sueh Claim is caused by or results from the concurrent negligence
<br />of (a) the Service Provider, its employees, subcontractors/subconsultants or agentsand {b) the City, then
<br />the Service Provider's obligations under this Section 10 shall apply only to the extent allowed by RCW
<br />4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the City, the
<br />Service Provider specifically waives any immunity it may have under the State Industrial Insurance Law,
<br />Title 51 RCW. The 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. As used in this Section 10: (1) "City" includes the City, the City's officers, employees,
<br />agents, and representatives and (2) "Claims" include, but is not limited to, any and all losses, penalties,
<br />fines, claims, demands, expenses (including, but not limited to, attorney's fees and litigation expenses),
<br />suits, judgments, or damages, irrespective of the type of relief sought or demanded, such as money or
<br />injunctive relief, and irrespective of whether the damage alleged is bodily injury, damage to property,
<br />economic loss, general damages, special damages, or punitive damages.. If, - and --to-the extent, Service
<br />Provider employs or engages subconsultants or subcontractors, then Service Provider shall ensure that
<br />each such subconsultant and subcontractor (and subsequent tiers of subconsultants and subcontractors)
<br />shall expressly.agree to defend and indemnify the City to the extent and on the same terms and
<br />conditions as the Service Provider pursuant to this Section 10.
<br />11. Insurance.
<br />A. Service Provider shall comply with the following conditions and procure and keep in force during the
<br />terra of the Agreement, at Service Provider's. own cost and expense, the following policies of insurance
<br />with companies authorized to do business in the State of Washington, which are rated at least."A" or
<br />better and with a numerical rating of no less than seven (7), by A.M. Best Company and which are
<br />acceptable to the City.
<br />1. Workers' Corn►_,ensation Insurance as required by Washington lave and Employer's Liability
<br />Insurance with lin-tits not less than $1,000,000 per occurrence. If the City authorizes sublet work, the
<br />Service Provider shall require each subcontractor to provide Workers' Compensation Insurance for its
<br />e-niptoyees, unless the Service rovider covers such employees.
<br />ue e f al Cu-iId At ioriS P% g E 3 10
<br />
|