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Ownership and Use of Documents. All documents, drawings, specifications and other
<br />materials produced by the Consultant in connection with the services rendered under this
<br />Agreement shall be the property of the City whether the project for which they are made is
<br />executed or not. The Consultant shall be permitted to retain copies, including reproducible
<br />copies, of drawings and specifications for information, reference and use in connection with
<br />the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
<br />documents, drawings, specifications or other materials by the City on any project other than
<br />the project specified in this Agreernent.
<br />6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
<br />this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
<br />and regulations, applicable to the services rendered under this Agreement.
<br />7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
<br />officials, employees and volunteers harmless from any and aI claims, injuries, damages,
<br />losses or suits including attorney fees, arising out of or resulting from the acts, errors or
<br />omissions of the Consultant in performance of this Agreement, except for injuries and damages
<br />caused by the sole negligence of the City.
<br />Should a court of competent jurisdiction determine that this Agreement is subject to RCVV
<br />4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
<br />damages to property caused by or resulting from the concurrent negligence of the Consultant
<br />and the City, its officers, officials, employees, and volunteers, the Consultant's liability
<br />hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
<br />and expressly understood that the indemnification provided herein constitutes the Consultant's
<br />waiver of immunity under Industrial insurance, Title 51 RCW, solely for the purposes of this
<br />indemnification. This waiver has been mutually negotiated by the parties. The provisions of
<br />this section shall survive the expiration or termination of this Agreement.
<br />8. Insurance. The Consultant is a municipal corporation that is insured under a public entity risk
<br />program through Cities Insurance Association of Washington (CIAW). Consultant shall
<br />maintain this insurance throughout the term of this Agreement. Consultant's maintenance of
<br />insurance as required by the agreement shall not be construed to limit the liability of the
<br />Consultant to the coverage provided by such insurance, or otherwise lirnit the City's recourse
<br />to any remedy available at law or in equity.
<br />9. Independent Contractor. The Consultant and the City agree that the Consultant is an
<br />independent contractor with respect to the services provided pursuant to this Agreement.
<br />Nothing in this Agreement shall be considered to create the relationship of employer and
<br />employee between the parties hereto. Neither the Consultant nor any employee of the
<br />Consultant shall' be entitled to any benefits accorded City employees by virtue of the services
<br />provided under this Agreement. The City shall not be re:sponsibie for withholding or otherwise
<br />deducting federal income tax or social security or for contributing to the state industrial
<br />insurance program, otherwise assuming the duties of an employer with respect to the
<br />Consultant, or any employee of the Consultant.
<br />10. Covenant Against Contingent Fees. The Consultant warrants that it has not employed or
<br />retained any company or person, other than a bonalide employee working solely for the
<br />Consultant, to solicit or secure this contract, and that it has not paid or agreed to pay any
<br />company or person, other than a bonaficle employee working solely for the Consultant, any
<br />fee, commission, percentage, brokerage fee, gifts, of any other consideration contingent upon
<br />or resulting from the award or making of this contract. For breach or violation of this warrant,
<br />the City shall have the right to annul this contract without liability, or in its discretion to deduct
<br />from the contract price or consideration, or otherwise recover, the full amount of such fee,
<br />commission, percentage, brokerage fee, gift, or contingent fee.
<br />CA revised May 2020
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