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separate set of records that reflect all items of income and expenses of the services performed.
<br />C. Any and all employees of the Service Provider, while engaged in the performance of any
<br />Work, shall be considered employees of only the Service Provider and not employees of the
<br />City. The Service Provider shall be solely liable for any and all claims that may or might arise
<br />under the Worker's Compensation Act on behalf of said employees or Service Provider, while so
<br />negligent
<br />engaged and for any and all claims made by a third party as a consequence of any igent act
<br />or omission on, the part of the Service Provider's employees, while so engaged on any of the
<br />Work
<br />D. Service Provider shall comply with all applicable provisions of the Fair Labor Standards
<br />Act and other legislation affecting its employees and the rules and regulations issued thereunder
<br />insofar as applicable to its employees and shall at all times save the City free, clear and harmless
<br />from all actions, claims, demands and expenses arising out of said act, and rules and regulations
<br />that are or may be promulgated in connection therewith.
<br />use
<br />E. Service Provider assumes full responsibility for the payment of all payroll taxes, ,
<br />form of taxes (such as state and, city business and occupation taxes), fees,
<br />sales, income, or other
<br />licenses, excises or payments required by any city, federal or state legislatian which are now or
<br />may during the term of the Agreement be enacted as to all persons employed by the Service
<br />Provider and as to all duties, activities and requirements by the Service Provider in performance
<br />of the Work and Service Provider shall assume exclusive liability therefore, and meet all
<br />requirements thereunder pursuant to any rules or regulations that are now or may be promulgated
<br />in connection therewith.
<br />13. Emnlayment. The Service Provider warrants that he had not employed or retained any
<br />company or person, other than a bona fide employee working solely for the Service Provider, to
<br />solicit or secure this Agreement and that he has not paid or agreed to pay any company or
<br />person, other than a bona fide employee working solely for the Service Provider, any fee,
<br />commission, percentage, brokerage fee, gifts, or any other eansideration, contingent upon or
<br />resulting from the award or making of this Agreement. For breach or violation of this warranty,
<br />the City shall have the right to annul this Agreement without liability or, in its discretion, to
<br />deduct from the Agreement price or consideration or otherwise recover, the fall amount of such
<br />fee, commission, percentage, brokerage fee, gift, or contingent fee.
<br />14. Audits and Inspections. At any time during normal business hours and as often as the City
<br />'
<br />may deem necessary, the Service Provider shall make available to the City for the Citys
<br />examination all of the Service Provider's records and documents with respect to all matters
<br />covered by this Agreement and, furthermore, the Service Provider will permit the City to audit,
<br />examine and make copies, excerpts or transcripts from such records, and to make audits of all
<br />s of employment and
<br />contracts, invoices, materials, payrolls, records of personnel, condition
<br />other data relating to all matters covered by this Agreement.
<br />15. _CitY of Everett Business License, Service Provider agrees to obtain a City of Everett
<br />business license prior to performing any work pursuant to this Agreement.
<br />Page 7
<br />(Pozen Appz'aved by City Attamey's O�.ice 7anuary 7, 201�, updated 7uly 23, 2018)
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