Washington State Department of Commerce 12/22/2017

GENERAL TERMS AND CONDITIONS sickness, disease,or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Contractor's obligation to indemnify,defend,and hold harmless includes any claim by Contractor's agents, employees, representatives,or any subcontractor or its employees. The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to the Contractor's or any subcontractor's performance or failure to perform the contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,agencies, employees and officials. The Contractor 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. 20. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or THE BOARD. The Contractor will not hold itself out as or claim to be an officer or employee of THE BOARD or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 21. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law,THE BOARD may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. THE BOARD may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by THE BOARD under this Contract,and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 22. LAWS The Contractor shall comply with all applicable laws,ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to: Washington State Laws and Regulations A. Affirmative action, RCW 41.06.020(1). B. Boards of directors or officers of non-profit corporations—Liability- Limitations, RCW 4.24.264. C. Disclosure-campaign finances-lobbying, Chapter 42.17A RCW. D. Discrimination-human rights commission, Chapter 49.60 RCW. E. Ethics in public service, Chapter 42.52 RCW. F. Housing assistance program, Chapter 43.185 RCW • G. Interlocal cooperation act,Chapter 39.34 RCW. H. Noise control, Chapter 70.107 RCW. I. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. J. Open public meetings act, Chapter 42.30 RCW. CERB Planning Contract Page 115