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specifically and expressly understood that the indemnification provided herein constitutes each party's
<br />waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this
<br />indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver.
<br />8. Insurance. The Consultant is a municipal corporation that is insured under a public entity risk program
<br />through Cities Insurance Association of Washington (CIAW). Consultant shall maintain this insurance
<br />throughout the term of this Agreement. Consultant's maintenance of insurance as required by the
<br />agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such
<br />insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
<br />9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent
<br />contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement
<br />shall be considered to create the relationship of employer and employee between the parties hereto.
<br />Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded
<br />City employees by virtue of the services provided under this Agreement. The City shall not be
<br />responsible for withholding or otherwise deducting federal income tax or social security or for
<br />contributing to the state industrial insurance program, otherwise assuming the duties of an employer
<br />with respect to the Consultant, or any employee of the Consultant.
<br />10. Covenant A ainst Contin ent Fees. The Consultant warrants that the Consultant has not employed
<br />or retained any company or person, other than a bonafide employee working solely for the Consultant,
<br />to solicit or secure this contract, and that Consultant has not paid or agreed to pay any company or
<br />person, other than a bonafide employee working solely for the Consultant, any fee, commission,
<br />percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award
<br />or making of this contract. For breach or violation of this warrant, the City shall have the right to annul
<br />this contract without liability, or in its discretion to deduct from the contract price or consideration, or
<br />otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
<br />contingent fee.
<br />11. Discrimination Prohibited. Consultant, with regard to the work performed by it under this Agreement,
<br />will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status,
<br />sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability,
<br />or any other protected class status under state or federal law, in the selection and retention of employees
<br />or procurement of materials or supplies.
<br />12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement
<br />without the express written consent of the City.
<br />13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for
<br />in this Agreement shall not constitute a waiver of any other provision.
<br />14. Termination.
<br />A. The City and the Consultant reserves the right to terminate this Agreement at any time by giving
<br />ten (10) days written notice to the other party.
<br />B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory
<br />personnel assigned to the project, the surviving members of the Consultant hereby agree to
<br />complete the work under the terms of this Agreement, if requested to do so by the City. This section
<br />shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant
<br />and the City, if the City so chooses.
<br />15. Applicable Law: Venue: Attornev's Fees. This Agreement shall be subject to, and the Consultant
<br />shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including
<br />the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event
<br />any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties
<br />specifically understand and agree that venue shall be properly laid in King County, Washington. The
<br />prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for
<br />any action arising from or related to this Agreement shall be exclusively in King County Superior Court.
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