|
EVERETT
<br /> WASHINGTON
<br /> the City. The Contractor's duty to defend and indemnify pursuant to this paragraph is not in any
<br /> way limited to, or by the extent of, insurance obtained by, obtainable by, or required of the
<br /> Contractor. The Contractor shall not indemnify the City for Claims caused solely by the
<br /> negligence of the City. As used in this paragraph: (1) "City" includes the City's officers,
<br /> employees, agents, and representatives and (2) "Claims" include, but is not limited to, any and
<br /> all losses, claims, demands, expenses (including, but not limited to, attorney's fees and
<br /> litigation expenses), suits, judgments, or damage, irrespective of the type of relief sought or
<br /> demanded, such as money or injunctive relief, and irrespective of whether the damage alleged
<br /> is bodily injury, damage to property, economic loss, general damages, special damages, or
<br /> punitive damages. If, and to the extent, Contractor employs or engages subconsultants or
<br /> subcontractors, then Contractor shall ensure that each such subconsultant and subcontractor
<br /> (and subsequent tiers of subconsultants and subcontractors) shall expressly agree to defend
<br /> and indemnify the City to the extent and on the same terms and conditions as the Contractor
<br /> pursuant to this paragraph.
<br /> B. The Contractor agrees to release, indemnify and promises to defend and save
<br /> harmless the City and its officers, agents and employees from any and all liability of any nature
<br /> or kind, including all costs and legal expenses, for or on account of any patented or unpatented
<br /> invention, process, article or appliance manufactured for use in the performance of the
<br /> Contract, including its use by the City unless otherwise specifically stipulated in this Contract.
<br /> C. Contractor shall be responsible for all obligations relating to federal income tax,
<br /> self-employment FICA taxes and contributions, and all other employer taxes and contributions,
<br /> including but not limited to industrial insurance (Workmen's Compensation), and the
<br /> Contractor agrees to hold the City harmless and indemnify the City from claims, valid or
<br /> otherwise, made to the City because of these obligations.
<br /> D. The Contractor shall maintain during the term of this Contract commercial general
<br /> liability insurance on an occurrence basis in an amount not less than $1,000,000 per occurrence
<br /> and at least $2,000,000 in the annual aggregate, including but not limited to
<br /> premises/operations (including off-site operations), blanket contractual liability and broad form
<br /> property damage. Contractor shall provide the City with a certificate of insurance in a form
<br /> acceptable to the City and an endorsement naming the City, its officers, employees and agents
<br /> as additional insureds prior to commencing any work under this Contract. If deemed
<br /> appropriate by the City, Contractor shall also maintain professional liability insurance in a form
<br /> acceptable to the City, in an amount not less than $1,000,000 per occurrence.
<br /> Xl. Complete Agreement
<br /> A. This Contract contains the complete and integrated understanding and agreement
<br /> between the parties and supersedes any understanding, agreement or negotiation whether
<br /> oral or written not set forth herein.
<br /> 2019 Human Needs Contracts 5
<br />
|