Cloverdayle LLC 7/10/2018 - Laserfiche WebLink

emergency and Notice is delivered prior to the day of the Performance, that Performance will not be deemed a completed Performance if this Agreement is later terminated by the City. 8. Subletting/Assignments of Contracts. This is a contract for personal services. Artist shall not sublet or assign any of the Performance without the express. prior written consent of the City. 9. Indemnification. Except as otherwise provided in this paragraph. the Artist hereby agrees to defend and indemnify the City from any and all claims arising out of, in connection with, or incident to any acts, errors, omissions, or conduct by Artist (or its employees, agents. representatives or support personnel) relating to this Agreement, whether such Claims sound in contract, tort, or any other legal theory. Solely and expressly for the purpose of its duties to indemnify and defend the City, the Artist specifically waives any immunity it may have under the State Industrial Insurance Law. Title 51 RCW. The Artist recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.1 15 and was the subject of mutual negotiation. As used in this paragraph: ( 1 ) "City" includes the City's officers, employees, agents, and representatives and (2)"Claims" include, but is not limited to. any and all losses, claims, demands, expenses (including, but not limited to. attorney's fee and litigation expenses), suits, judgments, or damage, irrespective of the type of relief sought or demanded. such as money or injunctive relief, and irrespectk e of whether the damage alleged is bodily injury, damage to property, economic loss, general damages. special damages. or punitive damages. 10. Insurance. Artist shall procure and keep in force during the term of this Agreement, at Artist's own cost and expense. automobile liability' insurance on all vehicles used by Artist in the performance of its duties under this Agreement. Proof of insurance shall be provided to the City prior to performing any services hereunder. A statement certifying that no vehicle will be used in fulfilling this Agreement may be substituted for this insurance requirement. 11. independent Artist. Artist is an independent contractor, and not an employee. Artist shall be responsible for all obligations relating to taxes (payroll, sales, use, income, industrial insurance (Workmen's Compensation, etc.), fees, licenses, excises or payments required by any city, federal or state law). 12. Compliance with Laws. Artist shall comply with all applicable federal, state and local laws and regulations, including. but not limited to. providing access to auditors to examine all of the Artist's records and documents Ns ith respect to all matters covered by this Agreement. obtaining a City and State business license, and fulfilling state Department of Revenue and Labor and Industries requirements. Page 4 (Form Approved by City Attorney's Office July 13, 2011, updated March 16, 2015)