|
now,or may be,during the term of the Agreement,enacted as to all persons employed by the Grant
<br /> Recipient and as to all duties, activities, and requirements by the Grant Recipient in performance
<br /> of the Work and Grant Recipient 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 /> 11. Employment. The Grant Recipient warrants that it has not employed or retained any
<br /> company or person, other than a bona fide employee working solely for the Grant Recipient, to
<br /> solicit or secure this Agreement and that it has not paid or agreed to pay any company or person,
<br /> other than a bona fide employee working solely for the Grant Recipient, any fee, commission,
<br /> percentage,brokerage fee, gifts,or any other consideration,contingent upon or resulting from the
<br /> award or making of this Agreement.For breach or violation of this warrant,the City shall have the
<br /> right to annul this Agreement,without liability,or,in its discretion,to deduct from the Agreement
<br /> price or consideration,or otherwise recover,the full amount of such fee, commission,percentage,
<br /> brokerage fee,gift,or contingent fee.
<br /> 12. Audits and Inspections. At any time during normal business hours and as often as the
<br /> City may deem necessary, the Grant Recipient shall make available to the City for the City's
<br /> examination,all of the Grant Recipient's records and documents with respect to all matters covered
<br /> by this Agreement and, furthermore, the Grant Recipient will permit the City to audit, examine,
<br /> and make copies, excerpts or transcripts from such records, and to make audits of all contracts,
<br /> invoices, materials, payrolls, records of personnel, conditions of employment, and other date
<br /> relating to all matters covered by this Agreement.
<br /> 13. Compliance with Federal. State, and Local Laws. The Grant Recipient shall comply
<br /> with and obey all federal, state, and local laws,regulations, and ordinances.
<br /> 14. Compliance with the Washington State Public Records Act. Grant Recipient
<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 /> the Grant Recipient.The Grant Recipient shall cooperate with the City so that the City may comply
<br /> with all of its obligations under the Act. To ensure the City's compliance, the Grant Recipient
<br /> shall, within ten (10) days after receipt of notice from the City, deliver to the City copies of all
<br /> records relating to this Agreement or relating to the Work, which the City determines qualify as
<br /> the City's public records under the Act.If the City receives a public records request relating to this
<br /> Agreement or relating to the Work,the City shall seek to provide notice to the Grant Recipient at
<br /> least ten (10) days before the City releases records pursuant to such public records request,but in
<br /> no event will the City have any liability to the Grant Recipient for any failure of the City to provide
<br /> such notice. In addition to its other indemnification and defense obligations under this Agreement,
<br /> Grant Recipient shall indemnify and defend the City from and against any and all losses,penalties,
<br /> fines, claims, demands, expenses (including, but not limited to attorney's fees and litigation
<br /> expenses), suits,judgments, or damage arising from or relating to any failure of Grant Recipient
<br /> to comply with this Section 14.
<br /> Page5of7
<br />
|