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D. Service Provider shall comply with all applicable provisions of the Fair Labor Standards Act and
<br /> other legislation affecting its employees and the rules and regulations issued thereunder insofar as
<br /> applicable to its employees and shall at all times save the City free,clear and harmless from all actions,
<br /> claims, demands and expenses arising out of said act, and rules and regulations that are or may be
<br /> promulgated in connection therewith.
<br /> E. Service Provider assumes full responsibility for the payment of all payroll taxes,use, sales,
<br /> income, or other form of taxes(such as state and, city business and occupation taxes),fees,licenses,
<br /> excises or payments required by any city, federal or state legislation which are now or may during the
<br /> term of the Agreement be enacted as to all persons employed by Service Provider and as to all duties,
<br /> activities and requirements by Service Provider in performance of the Work and Service Provider shall
<br /> assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or
<br /> regulations that are now or may be promulgated in connection therewith.
<br /> 11. Employment. Service Provider warrants that it had not employed or retained any company or
<br /> person, other than a bona fide employee working solely for Service Provider,to solicit or secure this
<br /> Agreement and that it has not paid or agreed to pay any company or person, other than a bona fide
<br /> employee working solely for Service Provider,any fee, commission,percentage,brokerage fee,gifts,or
<br /> any other consideration, contingent upon or resulting from the award or making of this Agreement. For
<br /> breach or violation of this warranty,the City shall have the right to annul this Agreement without liability
<br /> or, in its discretion,to deduct from the Agreement price or consideration or otherwise recover,the full
<br /> amount of such fee,commission,percentage, brokerage fee, gift, or contingent fee.
<br /> 12. Audits and Inspections. At any time during normal business hours and as often as the City may
<br /> deem necessary, Service Provider shall make available to the City for the City's examination all of
<br /> Service Provider's books,records and documents with respect to all matters covered by this Agreement
<br /> and, furthermore, Service Provider will permit the City to audit, examine and make copies,excerpts or
<br /> transcripts from such records, and to make audits of all contracts, invoices,materials,payrolls,records of
<br /> personnel, conditions of employment and other data relating to all matters covered by this Agreement.
<br /> 13. City of Everett Business License. Service Provider shall obtain a City of Everett business license
<br /> prior to performing any work pursuant to this Agreement.
<br /> 14. State of Washington Requirements. Service Provider shall register and obtain any State of
<br /> Washington business licenses, Department of Revenue account and/or unified business identifier number
<br /> as required by RCW 50.04.140 and 51.08.195 prior to performing any work pursuant to this Agreement.
<br /> 15. Compliance with Federal,State,and Local Laws. Service Provider shall comply with and obey all
<br /> federal, state, and local laws, regulations, and ordinances applicable to the operation of its business and to
<br /> its performance of work hereunder.
<br /> 16. Compliance with the Washington State Public Records Act. Service Provider
<br /> acknowledges that the City is subject to the Public Records Act, chapter 42.56 RCW (the "Act").
<br /> All records owned, used or retained by the City are public records subject to disclosure unless
<br /> exempt under the Act, whether or not such records are in the possession or control of the City or
<br /> Service Provider. Service Provider shall cooperate with the City so that the City may comply with
<br /> all of its obligations under the Act. Within ten (10) days after receipt of notice from the City,
<br /> Service Provider shall deliver to the City copies of all records relating to this Agreement or relating
<br /> Page 5
<br /> (Form Approved by City Attorney's Office March 16,2015,updated August 19,2019)
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